HomeMy WebLinkAboutCity Council Resolution 2023-263
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-263
R ESOLUTION A PPROVING A S ITE P LAN, R EZONING, V ARIANCES AND C ONDITIONAL U SE
P ERMIT, DJR A RCHITECTURE. I NC., TO A LLOW FOR THE C ONSTRUCTION OF A 3-
STORY, 21 U NIT, S ENIOR C ONDOMINIUM B UILDING WITH U NDERGROUND P ARKING AND
AN O UTDOOR P ICKLEBALL C OURT AT 18035 O LD R OCKFORD R OAD (2023042)
WHEREAS DJR Architecture, Inc. has requested the approval of a site plan, rezoning, variances
and a conditional use permit to construct a 3-story, 21 unit, senior condominium building with
underground parking and an outdoor pickleball court at 18305 Old Rockford Road, legally described as
follows:
Tracts A and B, Registered Land Survey No. 187, Hennepin County
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 DJR Architecture, Inc., for site plan
review, rezoning, variances and a conditional use permit to construct a 3-story, 21 unit, senior
condominium building with underground parking and an outdoor pickleball court at 18305 Old Rockford
Road , subject to the following findings and conditions:
1. A site plan is approved for the construction of a 3-story, 21-unit senior condominium
building with underground parking, an outdoor pickleball court and related site
improvements, in accordance with the plans received by the city on July 7, 2023, with
subsequent information on September 9, 2023 except as amended by this resolution.
2. A rezoning from FRD (Future Restricted Development) to O (Office) is approved to
accommodate the development of the project.
3. A variance of 4 feet 4 inches to the 15-foot wetland buffer structure setback on the south
side of the site is approved with the finding that the request complies with all applicable
variance standards.
4. A variance to allow a play and recreation facility (pickleball court) in the front yard, where a
side or rear yard is required, is approved with the finding that the request complies with all
applicable variance standards.
5. A conditional use permit is approved to allow a building to exceed 35 feet in the O district,
to a height of 46 feet, with the finding that the proposal complies with all applicable
conditional use permit standards.
Resolution 2023-263
File 2023042
Page 2
6. A separate demolition permit is required prior to removal of the existing buildings on site.
7. Senior condominium building shall be defined at 55+ years of age for the purposes of this
project, as defined in City Code. The project shall enforce the 55+ restriction through a
homeowner’s association and/or similar covenants and deed restrictions on the property.
Prior to construction, city staff shall review the plan for these restrictions and ongoing
enforcement. The restrictions must clearly define who can live on the subject property, how
to handle inheritance of a unit by those under the age 55+, and address the 55+ exemption
as outlined by HUD including:
a. At least 80 percent of the units must have at least one occupant who is 55 years of
age or older; and
b. The facility or community must publish and adhere to policies and procedures that
demonstrate the intent to operate as "55 or older" housing; and
c. The facility or community must comply with HUD's regulatory requirements for age
verification of residents.
d. If the property owner ever changes the age restrictions of the home to include
different age requirements, a conditional use permit amendment is required.
8. A separate building permit is required prior to commencement of the project.
9. Prior to issuance of the building permit, the applicant shall fulfill the requirements, submit
the required information, and revise the plans as indicated below, consistent with the
applicable city code, zoning ordinance, and engineering guidelines:
a. Execute a site improvement performance agreement and submit a financial
guarantee pursuant to section 21045.10 of the zoning ordinance.
b. Obtain any required permits from other agencies including, but not limited to the
Bassett Creek and Minnehaha Creek watershed district, Metropolitan Council
Environmental Services, Minnesota Pollution Control Agency, Minnesota
Department of Health, as well as the National Pollutant Discharge Elimination
System (NPDES) permit.
c. Obtain city approval of final construction plans.
d. Obtain Sewer Availability Charge (SAC) determination letter from the Metropolitan
Council.
e. Receive approval of lighting plan, including: Provide calculation of lumens per
square foot of parking lot or other hardscape area to be lighted on the lighting plan.
Provide mounting height of all light fixtures – clarify/label MH = mounting height on
plan. Provide Manufacturer cut sheets showing BUG (backlight, uplight, glare) rating
of proposed light fixtures. Provide CCT - Correlated Color Temperature (cannot
exceed 4100 K). Provide CRI - Color Rendering Index (shall be a minimum of 70).
Provide house-side shielding of light fixtures (if located within 300 feet of residential
property). Provide proposed lighting controls (to meet curfew requirements).
f. Project needs Planning Approval prior to building permit.
g. Lots required to be consolidated through Hennepin County prior to building permit
Resolution 2023-263
File 2023042
Page 3
h. Minimum floor elevation requirements shall be two feet above the 100-year flood
elevation or three feet above the Ordinary High Water Level (OHWL) of public
waters.
i. Silt fence shall be installed prior to any grading or construction on the site.
10. Standard Conditions:
a. No trees may be planted in the public right-of-way.
b. Any rooftop/ground-mounted equipment shall be screened consistent with the
requirements of section 21130.05 of the zoning ordinance to match the building.
c. Any signage shall comply with section 21155 of the zoning ordinance and shall receive
sign permits if required.
d. The applicant shall remove any diseased or hazardous trees.
e. The site shall remain in conformance with section 2025 of the city code regarding noise
regulations.
f. Retaining walls over 48" requires a separate building permit and minimum 42" high
fence on top of the wall.
g. Compliance with the city’s lighting regulations.
h. Compliance with city’s landscaping regulations.
i. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
APPROVED by the City Council on this 10th day of October, 2023.
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
October 10, 2023, 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
___________________, _________.
__________________________________
Jodi M. Gallup, City Clerk