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HomeMy WebLinkAboutCity Council Resolution 2019-303 C ITY OF P LYMOUTH R ESOLUTION N O. 2019-303 R ESOLUTION A PPROVING A PUD G ENERAL P LAN A MENDMENT AND P RELIMINARY P LAT FOR R EDEVELOPMENT OF THE F OUR S EASONS M ALL, 4200 L ANCASTER L ANE (2019093) WHEREAS, Dominium Acquisition, LLC, a Minnesota limited liability company (“Dominium”), has requested approval of a PUD amendment and preliminary plat for property presently legally described as follows: Parcel 1: th All that part of Lot 1, Block 1, Plymouth Plaza 4 Addition lying Westerly of Hennepin County State Aid Highway No. 18, Plat 32. Also: A 200-foot by 200-foot tract adjacent to the Northwesterly corner of Lot 1, Block 1, and labeled “EXCEPTION” on the plat of record of Plymouth Plaza 4th Addition, being described as follows: Commencing at the Northeast corner of Lot 1, Block 1, Plymouth Plaza Addition; thence Easterly along the Southerly line of County Road No. 9, a distance of 269.01 feet; thence at a right angle South a distance of 7 feet to the actual point of beginning of the tract of land to be described; thence continuing South along the last described course a distance of 103 feet; thence Southerly along a tangential curve to the left, with a radius of 834.3 feet, a distance of 97.23 feet; thence Easterly parallel with the Southerly line of County Road No. 9, a distance of 194.34 feet; thence at a right angle North a distance of 200 feet to a point 7 feet South of the Southerly line of County Road No. 9; thence Westerly parallel with Southerly line of County Road No. 9, a distance of 200 feet to the actual point of beginning. Also: The North 48 feet of Lot 1, Block 5, Plymouth Plaza 4th Addition. Also: The North 55 feet of Lot 1, Block 1, Plymouth Plaza Addition. Also: The North 55 feet of Lots 1, 2, and 3, Block 5, Plymouth Plaza 2nd Addition. Together with that part of Old Hennepin County Road No. 9 in that part of Section 13, Township 118, Range 22, Hennepin County, Minnesota, lying Westerly of the Northerly extension of the th Westerly right-of-way of Lancaster Lane, as platted Plymouth Plaza 4 Addition, and lying Easterly and Southerly of the following described line: Beginning at a point on the Northerly lot line of Lot 4, Block 5, Plymouth Plaza 2nd Addition, distant 46.35 feet Westerly of the Northeast corner of said Lot 4 (said Northerly line has assumed bearing of North 88 degrees 26 minutes 06 seconds East); thence North 41 degrees 33 minutes 47 seconds East, a distance of 58.50 feet, more or less, to the South line of Hennepin County State Aid Highway No. 18, Plat 32; thence Easterly along said Southerly line of C.S.A.H. No. 18 to its intersection with the Northerly extension of the Westerly right-of-way of said Lancaster Lane and there terminating. Resolution 2019-303 File 2019093 Page 2 Together with that part of County Road No. 9 (Rockford Road) lying Easterly of the Northerly extension of the Westerly right-of-way of Lancaster Lane and Westerly of the Westerly right-of- way of County State Aid Highway No. 18, all lying in Section 13, Township 118, Range 22, Hennepin County, Minnesota as vacated public roadway. Together with that part of North 55 feet of Nathan Lane lying South of the South right-of-way line of County Road No. 9 in Section 13, Township 118, Range 22. Together with that part of Lancaster Lane described as; Beginning at the intersection of the Easterly right-of-way of Lancaster Lane and the Southerly right-of-way of County Road No. 9; thence Southerly along the Easterly right-of-way of Lancaster Lane a distance of 200.23 feet; thence Northwesterly to a point on the Westerly right-of-way of Lancaster Lane distant 48.00 feet Southerly of Southerly right-of-way of County Road No. 9; thence Northerly along Westerly right- of-way of Lancaster Lane to Southerly right-of-way of County Road No. 9; thence Easterly to point of beginning and there terminating; all lying in Section 13, Township 118, Range 22, Hennepin County, Minnesota. Parcel 2: That part of Lot 3, Block 1, Plymouth Plaza 4th Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying Westerly of Hennepin County State Aid Highway No. 18, Plat 32 according to the recorded plat thereof and Northerly of the following described line: Commencing at the most Southwesterly corner of said Lot 3, Block 1, Plymouth Plaza 4th Addition; thence Northwesterly along the right-of-way line of Lancaster Lane, according to the recorded plat thereof, to the most Westerly corner of said Lot 3, Block 1; thence Northeasterly along a Northwesterly line of said Lot 3, Block 1, for a distance of 100.00 feet to the actual point of beginning of the line to be described; thence Easterly parallel with the South line of said Lot 3, Block 1, to the Westerly line of said Hennepin County State Aid Highway No. 18, Plat 32 and there terminating. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Dominium for a PUD amendment and preliminary plat, subject to the following conditions: 1. A PUD amendment and preliminary plat is approved to allow a development that includes two general-occupancy/family apartment buildings totaling 163 units (the “Family Project”), one independent-living senior apartment building with 255 units (the “Senior Project”), four retail/commercial buildings totaling roughly 23,300 square feet, and a 229-space park-and-ride ramp, in accordance with the plans received by the City on October 4, 2019, except as may be amended by this resolution or otherwise approved by the City. 2. Development standards and uses for the PUD shall be as indicated on the plans received by the City on October 4, 2019, except as may be amended by this resolution or otherwise approved by the City or otherwise approved by the City. Resolution 2019-303 File 2019093 Page 3 3. Prior to commencement of building removal, grading, or other site preparation work, Dominium or its successors or assign (the “Developer”) shall: a. Install and request inspection of all required pre-disturbance erosion control best management practices including, but not limited to, perimeter controls, rock construction entrances, and inlet protection. b. Provide documentation that all Wetland Conservation Act approvals and environmental-related permits have been received including, but not limited to, those from Bassett Creek Watershed, Minnesota Department of Natural Resources (MN DNR), Minnesota Pollution Control Agency, and Army Corps of Engineers. c. Apply for and receive the necessary grading, right-of-way, and demolition permits. 4. Prior to issuance of building permits, the Developer shall: a) submit and receive approval of the required final plat application; and b) submit and receive approval of the required PUD final plan for the buildings. 5. In conjunction with or prior to submission of the final plat application, the Developer shall: a. Revise the plans to: 1) provide a westbound right-turn lane exiting the site at the north driveway; 2) close the first access aisle to the commercial parking lot, in the area near the north driveway intersection with Lancaster Lane; 3) align the parking ramp vehicle entrance/exit with the commercial parking lot access aisle located to the north; and 4) reconfigure the south driveway connection to Lancaster Lane to provide a standard intersection approach. b. Demonstrate compliance with City and watershed requirements pertaining to drainage, treatment of runoff, and runoff rates. Note that approval of the storm water management plan for this development remains pending until approval by the watershed, MN DNR, and Army Corps of Engineers is obtained. c. Revise the plans to address the engineering-related requirements listed on the Engineer’s Memo, as updated on November 4, 2019, and any subsequent comments in response to revised plans. d. Include a “vacation of right-of-way” request to the City Engineering Department to vacate an unused portion of Lancaster Lane right-of-way located southwest of Retail Building #1. e. Revise the plans to widen the sidewalks to not less than seven feet in the areas along the west and east side of the largest commercial parking bay (located directly north of the parking ramp). f. Provide an overall landscaping plan (including number of proposed shrubs) for staff review, so the tree equivalency can be calculated. Upon review of that plan, staff may require additional plantings on the site, if and where feasible, prior to ultimately approving the final landscaping plan. g. Revise the plans to indicate patterned-concrete crosswalks at all locations where the sidewalk and trail system crosses a drive aisle. h. Revise the plans to include necessary site signage including, but not limited to, one ways, bus-only access, recommended stop conditions, lane configurations, pedestrian crossings, and no parking and loading. i. Submit a copy of the declaration of easements, covenants, conditions, and restrictions (ECCR) for City review. The ECCR document shall address responsibilities for maintenance, repair, and replacement of Developer-installed improvements including, but not limited to, drive aisles, sidewalks, trails, water quality features, signage, and other similar or common site features. Resolution 2019-303 File 2019093 Page 4 j. Relocate the residential monument sign and extend the sidewalk/trail through that area. Ensure the sign location does not block sight visibility lines for both traffic and pedestrian safety. k. Provide a snow storage/snow removal plan and chloride management plan for the site. l. Provide fire flow calculations. m. Revise the plat to create a separate lot for the parking ramp and eliminate all outlots. n. Revise the plans to add setback dimensions to Plan C2-1. 6. Prior to or contemporaneous with recording the final plat, the Developer shall: a. Receive City approval of final construction plans, including those related to erosion control, public utility infrastructure, drainage and treatment of storm water, and site geometrics. b. Convey Lot 1 (city pump house lot) to the City by quit claim deed, free and clear of any liens and all encumbrances other than those approved by the City. Upon conveyance of this lot to the City, any of the Developer’s obligations with regard to this lot shall terminate. c. Provide any required maintenance agreements with the City for the storm water BMPs such as pre-treatment structures, basins, required retaining walls, and ponds. d. Provide an operation and maintenance plan for the storm sewer lift station proposed in the senior building garage. e. Provide drainage, utility, and access agreements to the City for public utilities and City access. f. Enter into an agreement with the City committing to construction, maintenance, and warranty of storm water improvements on City property. g. Execute necessary encroachment agreements for private infrastructure within City easements. h. Prepare recordable cross-access easements for City review and approval for the private drives for all lots within the development that would be recorded with the final plat. i. Prepare recordable cross-parking easements for City review and approval for all surface parking spaces within the development that would be recorded with the final plat. j. Enter into an assessment agreement with the City, so that if the Developer does not maintain the native/wetland plantings on the site, the City has the right to maintain them and assess the cost of such maintenance back to the development. k. Enter into agreements with the City pertaining to: 1) on-going operations and maintenance of the park-and-ride ramp; and 2) City purchase of the lot for the park-and-ride ramp. l. Provide a public use agreement for the sidewalks and trails within the site, excluding those sidewalks and trails designated for exclusive use by the Family Project and Senior Project, as determined on the required PUD final plans. The sidewalks and trails within the site shall be owned and maintained by the Developer. m. Provide easements as follows, including but not limited to: a. standard front, rear, and side lot drainage and utility easements; b. drainage, utility, and trail easements along Lancaster Lane right-of-way and all public trail alignments including trail clear zones and snow storage; c. drainage and utility easements over all stream buffers, wetland buffers, stormwater ponds, stormwater BMPs, storm sewer utility pipes conveying public water, sewer and water utility pipes, including trenching limits, and all City utility facilities; and d. access easements to and from the park-and-ride ramp along the commercial access drive, to all stormwater BMPs, and around the stormwater wetland. Resolution 2019-303 File 2019093 Page 5 7. In conjunction with submission of the first PUD final plan application, the Developer shall submit a revised lighting plan for the overall site that complies with the City’s lighting regulations. The lighting plan shall include lumens per square foot, B.U.G. rating of lighting fixtures, and fixture mounting height. Lighting standards, fixtures, and design shall be consistent throughout the development. Lighting fixtures at walkways, gathering spaces, building fronts and entries shall be pedestrian-scaled, decorative, and not higher than 15 feet above grade. 8. Prior to occupancy of any buildings on the site, the following items shall be addressed: a. The Developer shall work with Hennepin County to adjust the signal timing, pursuant to the SRF Traffic Study dated October 24, 2019. b. Construction of extension of the westbound left turn lane on County Road 9 (to southbound Lancaster Lane) shall be completed, pursuant to the recommendations of the traffic study, except as otherwise approved by City staff. c. Removal of the free right turn lane from southbound Lancaster Lane to westbound Pilgrim Lane shall be completed, pursuant to the recommendations of the traffic study, except as otherwise approved by City staff. d. Excluding the park-and-ride ramp spaces, all parking spaces for the Family Project shall be constructed on the site prior to any occupancy of the Family Project buildings, all parking spaces for the Senior Project shall be constructed on the site prior to any occupancy of the Senior Project building, and all parking spaces for the commercial buildings shall be constructed on the site prior to any occupancy of the commercial buildings. e. Construction of the ponding and drainage system shall be completed. 9. The existing trail shall be maintained along the south and west sides of Lancaster Lane. If the Developer needs to remove any segments of the trail to accommodate construction, the Developer would, in turn, be required to replace/relocate the trail. The City would make the final determination on the limits of removal and replacement. 10. There shall be no impacts to, blocking of or parking in, the existing City well house parking lot and existing City lift station parking lot. 11. Connection to all City utilities must be witnessed and inspected by City staff. The Developer shall provide proper notice of connection to the City. Connections to the City water system that require a water shut down may be required to occur at nighttime. 12. Trash and recyclables generated by residential buildings shall be stored inside the apartment buildings. Trash and recyclables generated by commercial buildings shall be stored in dumpster enclosures that are designed to match the materials of the commercial buildings. Dumpsters shall be located such that they prevent illicit discharge into the storm sewer system. 13. No recreational vehicles shall be stored or maintained in this PUD. 14. No outside storage or display of goods or merchandise shall be allowed in this PUD. 15. The use of outdoor loudspeakers shall be limited. Any outdoor loudspeaker system shall be reviewed for compliance with the City’s noise ordinance. Resolution 2019-303 File 2019093 Page 6 16. Construction parking for this development shall occur on the site, or pursuant to a construction parking plan approved by the City. 17. Structures shall comply with the following architectural design standards: a. All structures shall have high quality finishes and shall be constructed of durable materials. The primary exterior surfaces shall include brick, glass, split-face integral-colored decorative block, stone, and approved fiber-cement panels. b. Painted block is prohibited. c. All building elevations shall receive equal or nearly equal treatment and visual qualities. d. Building colors shall be harmonious throughout the development. e. Any parapets visible from the back shall be treated to coordinate with the building. f. Any visible rooftop or ground-mounted mechanical equipment shall be screened or painted to match the building. Materials for any screening elements shall be coordinated with the building design and architecture. Any such screening elements proposed shall be reviewed by City staff, and shall receive City staff approval prior to installation. g. Buildings shall have varied and interesting detailing. The use of large unadorned walls unrelieved by architectural detailing (such as change in materials, change in color, offsets, or other significant visual relief) shall be prohibited. h. Uniform materials shall be incorporated on all structures. The use of varied textures is encouraged. i. Elevations of all sides of a proposed building shall be submitted with the required PUD final plan, for determination of compliance with the above requirements. 18. Signage shall comply with the following standards: a. All signs shall conform to section 21155.05 (Signs - General Regulations and Restrictions) of the zoning ordinance, except as amended herein. b. Signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building’s architecture. c. Two freestanding signs shall be allowed for the commercial area, as follows: 1) one monument sign containing up to 32 square feet per side in the northwest portion of the site (this sign must be relocated out of the well house lot); and 2) one pylon sign containing up to 100 square feet per side in the northeast portion of the site. d. Three freestanding signs shall be allowed for the residential area, as follows: 1) a two-sided monument sign containing up to 20 square feet per side at the main residential site entrance along Lancaster Lane; and 2) two signs, each containing up to 20 square feet, attached to decorative fencing to delineate the residential area from the commercial area. e. Wall signage is allowed on the north, east, and south sides of Retail Building #1, on the north and south sides of Retail Buildings #2 and #3, on the north and west sides of Retail Building #4, and on the north and west sides of the park-and-ride ramp. Wall signage is prohibited on the residential buildings. f. Wall signs shall not cover more than ten percent of the wall area of commercial buildings and of the park-and-ride ramp. g. All wall signs shall consist of individual dimensional letters and logos, and shall be architecturally compatible with the building and other signage in the development. Resolution 2019-303 File 2019093 Page 7 h. Wall tenant signage for the commercial buildings shall consist of store/business identification only. Corporate logos, emblems, and similar identifying devices are permitted provided they are confined within the sign band and do not occupy more than twenty-five percent of the sign area. i. Illuminated wall signs shall consist of channel letters with acrylic facing or reverse channel letters (halo-lighted). Externally illuminated wall signs by a separate light source shall be prohibited. j. Wall signs shall not extend more than eight inches beyond the face to which the sign is mounted. k. Individual letters for wall signs shall not exceed thirty-three inches in height. l. Back-lit awnings are prohibited. m. Inflatable advertising devices and searchlights are prohibited. n. Temporary signage shall comply with Zoning Ordinance requirements. o. Directional signage and address signage shall comply with Zoning Ordinance requirements. p. Exposed neon tubing for signage or accent purposes is prohibited. q. Window signs shall not cover more than twenty-five (25) percent of the window area in which they are located. Window signs shall not use neon paint, tape, chalk, or paper. r. Individual building occupant sign permit applications shall be reviewed by City staff, and shall receive the required City permit prior to signage installation. 19. A five-foot high decorative (wrought-iron style) fence is required to separate the “Building A” apartment courtyard/play area from the park-and-ride bus lane. 20. No more than two uses within the PUD shall provide drive-up window service. No order stations are allowed in conjunction with any such drive-up (pick-up/drop-off) window service. The exception is that one coffee shop user, or one fast-casual restaurant user as defined and determined by the City, may have an order station: 1) for Retail Building #1 if the drive-up window service lane and order station is fully screened from the residential neighborhood to the west; or 2) for Retail Building #2. 21. If the City opts not to construct the park-and-ride ramp and does not purchase the lot shown for the park-and-ride ramp, the owner of either the Family Project or the Senior Project shall retain ownership of that lot and shall install a surface parking lot on it if the need is demonstrated. If, upon passage of six years after the adoption of this resolution, the City has not made a determination that the development contains an insufficient number of parking spaces, the lot owner may request a PUD amendment to develop the lot with another land use. The City may make its determination as to the adequacy or inadequacy of on-site parking prior to the six-year term. 22. Both Hennepin County and the Minnesota Department of Transportation (MnDOT) reserve the right to make comments upon their receipt and review of the traffic study. Any comments and requirements from these agencies would be included in the final plat review. 23. Contrary to current regulations and via the PUD, the owner of the apartment buildings may charge a separate fee for indoor garage parking within the apartment buildings. However, the City reserves the right to review this condition with the Developer should there be an issue with residents opting to instead park outdoors or in the park-and-ride ramp in a manner that creates parking problems. 24. Standard Conditions: a. No building permits shall be issued until the final plat is recorded with Hennepin County. b. Any signage shall require a separate sign permit. Resolution 2019-303 File 2019093 Page 8 c. Any retaining walls over four feet in height shall require a building permit. d. Hours of operation for site preparation work including building demolition, utility installation, foundation piling installation, and grading shall be limited as follows: Monday through Friday -- 7 a.m. to dusk; Saturdays -- 8 a.m. to 6 p.m.; Sundays and Holidays -- no work allowed. Hours of operation for site development work including building construction shall be limited as follows: Monday through Friday -- 7 a.m. to 10 p.m.; Saturdays, Sundays, and Holidays -- 8 a.m. to 9 p.m. e. Compliance with all fire codes, including those for hydrant location and fire lane signage. f. Compliance with the ordinance regarding the location of fire department connections and post- indicator valves. g. Provide turning radii for fire trucks from all directions on all site drives and fire lanes. h. A shut-off valve is required for the existing water main in the street, in the area between the two service connections that would serve the site. Valves shall also be installed to separate buildings within the development. i. Show standpipe locations for the parking ramp. j. Remove all hazardous trees from the property at the owner's expense. k. Trees planted in the boulevard shall be the responsibility of the abutting landowner. l. Prior to issuance of building permits, the Developer shall enter into a Site Improvement Performance Agreement (SIPA) and shall provide the required financial guarantees. The SIPA shall require the Developer to remove the existing mall building from the site. Demolition and disconnect permits are required for removal of the existing mall building. m. The preliminary plat approval shall expire one year after the date of approval, unless the property owner or applicant has applied for final plat approval, or unless the applicant, with the consent of the landowner, has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 510 of City code. APPROVED by the Plymouth City Council on this 12th day of November, 2019. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on November 12, 2019, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this _________ day of __________________________. __________________________________ City Clerk