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HomeMy WebLinkAboutCity Council Resolution 2009-278CITY OF PLYMOUTH RESOLUTION NO. 2009-278 A RESOLUTION APPROVING A SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND VARIANCE FOR BKV GROUP TO ALLOW RENOVATION OF AN EXISTING INDUSTRIAL BUILDING LOCATED AT 13010 COUNTY ROAD 6 (2009059) WHEREAS, BKV Group has requested approval of a site plan amendment, conditional use permit, and variance for the site legally described as follows: That part of the Southeasterly 600 feet of Lot 1, Block 3, Minneapolis Industrial Park, lying Southwesterly of the Northeasterly 500 feet thereof. Also, the Southwesterly 200 feet of the Northeasterly 500 feet of the Southeasterly 200 feet of said Lot 1, Block 3, Minneapolis Industrial Park, according to the recorded plat thereof on file and of record in and for the office of the County Recorder, Hennepin County, Minnesota. 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 MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by BKV Group for a site plan amendment, conditional use permit, and variance to allow renovation of the existing industrial building located at 13010 County Road 6, subject to the following conditions: 1. A site plan amendment is approved for proposed site modifications, in accordance with the plans received by the City on October 27, 2009, except as may be amended by this resolution. 2. A conditional use permit is approved to allow up to 74 percent office use within the building based on compliance with the City's parking regulations, with the finding that the applicable CUP standards are met. Res. 2009-278 File 2009059 Page 2 3. A variance is approved to allow wall signage on two walls (the southeast and northeast walls) of the building where the ordinance specifies signage on one wall for this site, with the finding that the applicable variance standards are met. Furthermore, 1) the allowable wall signage shall not exceed five percent of the area of the northeast wall and five percent of the area of the southeast wall; and 2) the allowable freestanding signage for this site shall be limited to a monument -style sign not exceeding ten feet in height and 50 square feet in sign area. 4. Prior to building occupancy, the applicant shall provide a transportation demand management (TDM) program that includes strategies for reducing travel on major roadways during the rush hours. Such strategies may include, but are not limited to, flexible working hours, telecommuting, carpooling, and mass transit. 5. Prior to issuance of building permits, the following items shall be addressed: a. A maintenance agreement shall be provided for the rain gardens. b. A site improvement performance agreement (SIPA) and related financial guarantee shall be provided pursuant to Section 21045.10 of the Zoning Ordinance. c. Revise plans to provide names of responsible parties and their contact information under the general notes for the storm water pollution prevention plan (SWPPP). d. Demonstrate a reduction of 85 percent total suspended solids (TSS) and 60 percent phosphorus from existing to proposed development conditions. e. The maximum depth of the rain gardens shall not exceed six (6) inches. f. Revise plans to indicate Board of Water and Soil Resources (BWSR) recommended seed mixtures for proposed wet areas. g. A minimum 20 -foot wide fire access to all drive aisles/fire lanes is required, including the northeast and southeast site access drives from County Road 6. h. Submit turning radius evaluations from all directions on the east drive aisle/fire lane and the west drive aisle/fire lane. i. A tank permit will be required if a propane tank is used for temporary heating of the building. 6. The following permits will be required for the work scope proposed: building, plumbing, mechanical, electrical, and fire sprinkler. A separate grading permit for site work is not required if the site work is incorporated into the scope of the building permit. 7. Constriction documents shall be certified by design professionals licensed in the state of Minnesota; specifically, architect, engineer, and/or master plumber. 8. New work is required to demonstrate compliance with the Minnesota State Building Code which includes the Minnesota Building Conservation Code and the new Minnesota Energy Code. The Energy Code applies only to new work areas. Res. 2009-278 File 2009059 Page 3 9. Standard Conditions: a. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. b. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. c. Approved fire lane signs are required in approved locations on all fire lanes. The Fire Inspector will identify the sign locations on the site plan. d. An approved "FDC" (fire department connection) sign will be required at the fire department connection on the south side of the building. e. The site plan, conditional use permit, and variance shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21045.09, 21015.07, and 21030.06 respectively, of the Zoning Ordinance. ADOPTED by the City Council on November 10, 2009. 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 10, 2009 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