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HomeMy WebLinkAboutCity Council Resolution 2004-462CITY OF PLYMOUTH RESOLUTION 2004-462 APPROVING A SITE PLAN AMENDMENT AND VARIANCE FOR BONESTROO ROSENE ANDERLIK FOR THE SILVER KING REFRIDGERATION PROPERTY LOCATED AT 1600 XENIUM LANE NORTH (2004119) WHEREAS, Bonestroo Rosene Anderlik is requesting approval of a site plan amendment and variance to allow the constriction of a parking lot and rain garden on property legally described as: TRACT A That part of Lot 4 lying South of the North 308.72 feet thereof, except that part thereof which lies Southwesterly of a line drawn from a point on the West line of said Lot, distant 10 feet North of the Southwest corner thereof, to a point on the South line of said Lot distant 10 feet East of said Southwest corner, and that part of Lot 3, lying North of a line described as follows: Commencing at a point on the Northeast line of said Lot 3, distant 75 feet Southeasterly measured along said Northeast line from the Northeast corner of Lot 3, thence Southwesterly along a course perpendicular to said Northeast line of said Lot 3 to the West line of said Lot 3 and there terminating, all in Block 4, Minneapolis Industrial Park, according to the recorded plat thereof, Hennepin County, Minnesota. TRACT B That part of Lot 3, Block 4, Minneapolis Industrial Park, according to the recorded plat thereof, Hennepin County, Minnesota, lying South of a line described as follows: Commencing at a point on the Northeast line of said Lot 3, distant 75 feet Southeasterly as measured along said Northeast line from the Northeast corner of Lot 3; thence Southwesterly along a course perpendicular to said Northeast line of said Lot 3 to the West line of said Lot 3 and there terminating, EXCEPT that part of said Lot 3, lying Southerly of a line described as follows: Commencing at the Southwest corner of said Lot 3; thence North 6 degrees 41 minutes 32 Resolution 2004-462 File No. 2004119 Page 2 seconds West, along the West line of said Lot 3 a distance of 96.11 feet to the point of beginning of the line to be described; thence North 61 degrees 20 minutes 05 seconds East a distance of 156.41 feet to a point on a 55.00 foot radius curve, the center of said curve bears South 56 degrees 49 minutes 21 seconds East from said point; thence Easterly along said curve, central angle 82 degrees 09 minutes 40 seconds, 79.85 feet to the Easterly line of said Lot 3, and said line there terminating. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting 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 Bonestroo Rosene Anderlik for a site plan amendment and variance to allow the constriction of a parking lot and rain garden located at 1600 Xenium Lane North, subject to the following conditions: 1. A site plan amendment is approved to allow constriction of a parking lot and rain garden, in accordance with the plans received by the City on September 2, 2004 and additional information on September 23, 2003 except as amended by this resolution. 2. A variance is approved to allow a 22 -foot drive aisle width where 24 feet is required, a 3 -foot setback from the principle building where 10 feet is required and a 1 -foot setback from the side lot line where 15 feet is required, based on the finding that: a) The existing conditions of the property result in a particular hardship to the owner, if the strict letter of the regulations were to be carried out. The abnormal shape of the property creates a pinch -point where the principle stricture encroaches on the east side lot line in the only feasible location on the property to gain access to the proposed parking lot. The amount of topography in that location also creates the need for a retaining wall, and the narrower drive aisle width would lessen the encroachment on the adjacent property. b) The circumstance upon which the petition for the variance is requested is unique to the parcel. Due to the existing layout of the building on the site, there are no other locations to gain access to the proposed parking area. c) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land. The variance request is based on the need to increase the fiinctionality of parking on the site to a location that was specifically acquired for fiiture increased parking and to allow the current employees places to park without having to double park. d) The circumstances surrounding the variance request were not created by the current owner, but rather were an existing condition from when the building was constricted. Resolution 2004-462 File No. 2004119 Page 3 e) The proposed improvements would not be detrimental to the public welfare or injurious to other land in the neighborhood. The proposed drive aisle would abut the City of Plymouth watertower site and any portion of retaining wall that would encroach onto the City -owned property would require an encroachment agreement. f) The proposed improvements would not impair an adequate supply of light and air to adjacent property, endanger public safety, increase congestion of the public streets, increase danger of fire or substantially diminish property values in the neighborhood. g) The requested variance is the minimum action required to eliminate the hardship. 3. A separate grading permit is required prior to the commencement of the project. 4. Prior to the issuance of a grading permit, identify an accessible route from the handicapped parking to the building. 5. Prior to the issuance of a grading permit, identify on the plans the dimensions required to comply with the Minnesota State Building Code. 6. Prior to the issuance of a grading permit, an engineered design must be approved with a separate building permit for the retaining wall. 7. Prior to issuance of a building permit, the applicant shall submit a lighting plan to include photometry and fixture details demonstrating the new parking areas are in compliance with Zoning Ordinance requirements. 8. Prior to issuance of a building permit, the applicant shall provide a financial guarantee and Site Improvement Performance Agreement for all site improvements. 9. Engineering Conditions: a. Prior to the issuance of a grading permit, the applicant shall provide a drainage and utility easement for the rain garden. b. Prior to the issuance of a grading permit, the applicant shall provide a maintenance agreement for the rain garden. c. Prior to the issuance of a grading permit, the applicant shall obtain the necessary permits from Bassett Creek watershed and NPDES. d. Curb and gutter shall be placed around the entire parking lot. However, curb openings are allowed to direct storm water runoff into the rain garden. e. The plans shall be revised to show both the parking lot and fire lane standards non - wearing course being 2 inches, not 1.5 inches as shown on Sheet C801 for the parking lot. Resolution 2004-462 File No. 2004119 Page 4 f. Special Conditions: i. Have the plans signed by a Professional Engineer. ii. Add perimeter silt fence (Detail DWG -5) around the site. Include the detail on the grading plan. iii. All slopes 3:1 or greater require an erosion control blanket. Show on the grading plan. iv. Street sweeping along Co. Rd. 6 is required at a minimum once per week. V. Swale slopes must be 13/4% or steeper. vi. Provide the flow path downstream from the rain garden. Either show that the flow path is on the applicant's property or secure rights from the adjacent property owners for the increased discharge rates. vii. Provide the square footage of the rain garden. viii. Install drain tile in the rain garden as shown on City of Plymouth standard detail ST -18. ix. Show the top and bottom elevations of the retaining walls. X. A building permit is required for the retaining wall. xi. A fence is required on top of the retaining wall. xii. Provide a plant list with abbreviations on sheet L 101. xiii. Use engineering scale for all plans. xiv. The drive aisle is on City property. Reduce the width of the driveway from 24 feet to 22 feet to avoid encroaching onto City property. xv. An encroachment agreement from the property owner is required for any portion of the retaining wall on City property, including tiebacks, geogrid or drainage facilities. xvi. Either revise the driveway entrance to intersect County Road 6 at a 90 -degree angle or sign it One Way inbound. xvii. Use City Detail ST -18 for the rain garden. 10. Fire Conditions: a. Prior to the issuance of a grading permit, the applicant shall revise the plans to show all fire apparatus access road signage (fire lane signage) and locations identified on the site plan. b. Prior to the issuance of a grading permit, the applicant shall revise the plans to show all fire lane constriction details. 11. Approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of the project. The landowner or applicant may apply for approval of an extension by the City, as regulated under Sections 21030.06 21045.09 of the Zoning Ordinance. Resolution 2004-462 File No. 2004119 Page 5 ADOPTED by the City Council on November 9, 2004. 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 9, 2004 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