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HomeMy WebLinkAboutCity Council Resolution 2005-334CITY OF PLYMOUTH RESOLUTION 2005-334 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW AN OFFICE/RETAIL BUILDING AND AN AUTO -SERVICE BUILDING FOR TWO PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF OLD ROCKFORD ROAD AND PEONY LANE (2005066) WHEREAS, Acacia Real Estate Partners LLC, has requested approval of a site plan, conditional use permit, and variances to allow a 12,678 -square foot office/retail building and a 4,200 -square foot auto -service building located at the southwest corner of Old Rockford Road and Peony Lane, for properties legally described as: Parcel 1 Tract A, Registered Lane Survey No. 1091, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1070327 Parcel 2 That part of Tract B, Registered Land Survey No. 1091, Hennepin County, lying North of a line drawn from most Southerly corner of Tract A, Registered Land Survey No. 1091, to a point on the line of said Tract B, distant 219.41 feet South from the Northeast corner of said Tract A, Hennepin County, Minnesota. Torrens Property. Torrens Certificate No. 1072744 WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. Resolution 2005-334 File No. 2005066 Page 2 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 Acacia Real Estate Partners LLC, for a site plan, conditional use permit, and variances to allow a 12,678 - square foot office/retail building and a 4,200 -square foot auto -service building, subject to the following conditions: 1. A site plan, conditional use permit, and variances are approved to allow constriction of a 12,678 -square foot office/retail building and a 4,200 -square foot auto -service building on two properties, in accordance with the application materials received by the City on May 27, 2005, and revised plans received by the City on July 12, 2005, July 13, 2005, and July 26, 2005 except as amended by this resolution. 2. The following variances are approved: 1) a 14 -foot setback from the office/retail building to the north property line where 75 feet is required, 2) a 10 -foot setback from the office/retail building to the east easement line where 35 feet is required, 3) a 14 -foot setback from the auto -service building to the east easement line where 50 feet is required, 4) a 15 -foot setback from the parking lot to the east easement line where 20 feet is required, 5) a 13 -foot setback from the parking lot to the west property line where 20 feet is required, and 6) a 0.54 -acre lot area, where 1 acre is required with the C-3 Zoning district, based on the findings that: a) the placement of the buildings and parking lot provide a transition and buffer from the adjacent residential homes. The requested variances would allow reasonable use of the property with a development that would enhance the site. b) The conditions related to this parcel are not generally applicable to other properties. The City's commercial zoning districts do not account for building placement at the street corners. The design is a unique situation to this development and results in a hardship for the applicant. c) The granting of the variances would not be detrimental to the public welfare or injurious to other land or improvements in the area. The applicant is proposing a development that would provide a transition from lower to higher intensity uses. In addition, the applicant is proposing to design the buildings with colors and materials that would blend into the area. d) Granting of the variances would not impair an adequate supply of light or air to adjacent properties, nor would it substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. e) The proposed variances are the minimum action to alleviate the hardship. 3. Prior to issuance of a building permit, the plans shall be revised to show compliance with the 20 -foot parking setback to the north property line. 4. Prior to issuance of a building permit, a site improvement performance agreement and financial guarantee shall be submitted pursuant to Section 21045.10 of the Zoning Ordinance. Resolution 2005-334 File No. 2005066 Page 3 5. Prior to issuance of a building permit, the plans shall be revised to identify a right turn lane for eastbound traffic entering the development. The developer shall also be responsible for constricting the turn lane. 6. Prior to issuance of a building permit, the plans shall be revised to show a walkway connection from the proposed parking lot to the exiting trail along Peony Lane and a walkway (north of the building on parcel 1) from the west property line to the existing trail along Peony Lane. 7. Prior to issuance of a building permit, a revised lighting plan shall be submitted in compliance with Section 21105.06 of the Zoning Ordinance. Specifically, the revised plan shall identify compliance with the watts per square footage requirement for wall lighting, the shielding for each type of light fixture, and house side shields for all fixtures within 300 feet of a residential property line. 8. Prior to issuance of a building permit, the applicant shall submit revised elevation plans that identify all exterior materials on the plans to be reviewed for compliance with Section 21115.03. Subd. 1. of the Zoning Ordinance. 9. Prior to issuance of a building permit, the applicant shall revise the site plan show the location of compact parking signs on the site. The locations shall be reviewed and approved by the City. 10. Neon signage shall not be located on the north side of the north office/retail building in the C- 1 zoning district. 11. All trash shall be enclosed pursuant to Ordinance requirements. 12. All rooftop equipment shall be screened or painted to match. 13. Future improvements to Old Rockford Road will require a center concrete median to be constricted on Old Rockford Road from Peony Lane westerly approximately 400 feet. This will ultimately impact the access to the subject site with a right -in, right -out only. No driveways shall be allowed on Peony Lane. Resolution 2005-334 File No. 2005066 Page 4 14. Engineering conditions: a. Prior to issuance of a building permit, the plans shall be revised to include the following: I. A 10 -foot utility and drainage easement on Old Rockford Road and Peony Lane and a 6 -foot drainage easement along the west property lines. 2. A drainage and utility easement for the pond high water level and for maintenance access to the pond. The drainage and utility easement shall also include the high water level of the wetland at 1007.2. 3. Install B612 curb and gutter for the parking lot. 4. The watermain shall be connected to stub at the intersection of Old Rockford Road and Peony Lane. The existing water service on Peony Lane shall also be used to provide a looped system. The southerly -proposed watermain wet tap on Peony Lane is not allowed. 5. The watermain shall be stubbed to the west plat boundary. 6. Shallow storm sewer and pipe shall have granular material placed to a depth of 48 inches. Use City Detail ST -2 on plans. 7. No retaining walls shall be allowed in the drainage and utility easement for the pond. 6. The north side of the pond must have a 10 -foot bench at the normal water level. Include City Detail ST -3 on the plans. 7. A 15 -foot wide pond access route must be provided with a grade that shall not exceed 15 percent. The access route shall be located to gain access to the pond outlet stricture as well as for fiiture pond cleaning. 8. A skimmer stricture shall be added for the pond outlet and shall be relocated as far as possible to the southeast portion of the pond. 9. Relocate all storm sewer that discharges into the pond to discharge to the westerly portion of the pond to avoid short-circuiting of the storm water. 10. Remove detail of Dropped Curb on page C 2. 11. Green areas must drain at a minimum grade of 13/4 percent. Drain tile is required if the minimum grade cannot be met. Percent of grade shall be identified on the grading plan. 12. Correct curb height note for the southerly building. 13. Show a 20 -foot radius for the driveway. Refer to City Detail STRT-14 and include the detail on the plans. 14. The sanitary sewer must have at least 7 feet of cover. 15. Show location of catch basin inlet protection on grading plan. 16. Submit a description on the grading plan of how increased volumes of runoff due to the proposed development would be minimized by limiting impervious cover and encouraging infiltration of storm water where soil conditions are appropriate. 17. Submit a description on the grading plan of how alternative landscape techniques and materials will reduce rates and volumes of runoff. 18. Identify on the grading plan all reasonable steps to avoid water quality impact and mitigate with appropriate best management practices (BMWs) to prevent water quality in receiving waters from falling below established standards. Resolution 2005-334 File No. 2005066 Page 5 b. Prior to issuance of a building permit, cross easements for the driveway and parking lot must be provided. c. Prior to issuance of a building permit, all appropriate permits shall be obtained from the Minnesota Pollution Control Agency, Minnesota Department of Health, Bassett Creek Water Management Commission, and NPDES. d. Prior to issuance of a building permit, a right-of-way permit shall be obtained from the Engineering Department. e. Prior to the financial guarantee being released, the City requires reproducible mylar prints of sanitary sewer, water service, storm sewer and pond As-Builts for the site. 15. Fire Conditions: a. Prior to issuance of a building permit, the plans shall be revised to include the following: I. Identify location of fire apparatus access road signage. Fire apparatus access roads shall be designed to minimum fire lane constriction requirements. 2. Identify turning radii from all directions through the entire drive aisle. Provide proof that all Plymouth Fire Department apparatus will be able to make the required turns. 3. Identify fire hydrants in locations approved by the City Fire Inspector. 4. Submit fire flow calculations flowing the remote two hydrants simultaneously. Each hydrant shall be capable of flowing a minimum of 1,500 GPM at 20 PSI residual pressure. b. The entire fire watermain system must be looped due to low water pressure in the area. c. All buildings shall be protected by a City approved NFPA 13 Automatic Fire sprinkler system. d. A building fire sprinkler system and fire alarm system shall be monitored by an approved LTL central station with a UL certificate on the system. The PIV and all system control valves with the system flow switches shall be monitored by the UL central station. e. An approved solenoid device is required to be connected between the building domestic water supply and the building fire sprinkler system. f. An approved City of Plymouth Fire Department lockbox must be installed in an approved location near the main entry door for each building. g. An 8 1/2 inch x II inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds, per City Policy. h. Fire Lane signage must be installed in locations as identified by the Fire Inspector. i. The locations of post -indicator valves and fire department connections shall be approved by the Fire Inspector. 16. The minimum floor elevation shall be 1012.0. 17. The existing sanitary manhole shall be field verified for an outside drop for the sanitary sewer service. The applicant shall install an outside drop if one does not exist. Resolution 2005-334 File No. 2005066 Page 6 18. Written permission is required from the property owner to the west for work across the property line. 19. Standard Conditions: a. The applicant shall remove any diseased or hazardous trees. b. All signage shall comply with the Section 21155 of the Zoning Ordinance. c. Building permits are required prior to the commencement of any constriction related to the project. d. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. e. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. f. This approval 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 of the Zoning Ordinance. 20. The hours of operation for the auto service use shall be from 7:00 a.m. to 7:00 p.m. on weekdays, and from 7:00 a.m. to 1:00 p.m. on Saturdays, with no Sunday operations. These hours of operation shall not apply to a transmission shop but shall apply to any other type of auto service business located on Parcel 2. ADOPTED by the City Council on August 23, 2005. 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 August 23, 2005 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