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HomeMy WebLinkAboutCity Council Resolution 1998-470CITY OF PLYMOUTH RESOLUTION 98 - 470 APPROVING SITE PLAN, CONDITIONAL USE PERMIT, INTERIM USE PERMIT AND VARIANCES FOR HOMESTEAD VILLAGE FOR PROPERTY LOCATED SOUTH OF HIGHWAY 55, WEST OF HIGHWAY 169, AND EAST OF NATHAN LANE (98106) WHEREAS, Homestead Village has requested a site plan, conditional use permit, interim use permit, and variances for a 118 -unit extended stay hotel, and an interim use permit to reduce the number of required parking stalls from 124 stalls to 119 stalls on property legally described as follows: Parcel 1: That part of the Northeast Quarter of the Southeast Quarter of Section 36, Township 118, Range 22 described as follows: All that part thereof lying East of the West 315 feet measured at right angles to the West line of said Northeast Quarter of the Southeast Quarter lying South of State Highway No. 55 and West of the center line of Bassett's Creek, except the South 30 feet thereof, Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 36, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast Quarter of the Southeast Quarter of Section 36; thence East along the South line of said Northeast Quarter of the Southeast Quarter, a distance of 135.0 feet, to the actual point of beginning of the tract of land to be described; thence North and parallel with the West line of said Northeast Quarter of the Southeast Quarter of Section 36, a distance of 358.75 feet, more or less, to a point on the Southerly line of State Highway No. 55; thence Southeasterly along the Southerly line of said State Highway No. 55, a distance of 182.09 feet, more or less, to the intersection with a line drawn parallel with and distant 3 15. 0 feet East, measured at right angles to the West line Resolution 98-470 (98106) Page 2 of said Northeast Quarter of the Southeast Quarter; thence South along said last described parallel line, a distance of 297.73 feet, more or less, to a point 30.0 feet North of the South line of said Northeast Quarter of the Southeast Quarter of Section 36; thence East and parallel with the South line of said Northeast Quarter of the Southeast Quarter, a distance of 278 feet, more or less, to the center of Bassett's Creek; thence Southeasterly along the center line of said Bassett's Creek to the South line of said Northeast Quarter of the Southeast Quarter of Section 36; thence West along the South line of said Northeast Quarter of the Southeast Quarter, a distance of 458.4 feet, more or less, to the point of beginning. That part of Tract A described below: Tract A. That part of the Northeast Quarter of the Southeast Quarter of Section 36, Township 118 North, Range 22 West, Hennepin County, Minnesota, lying south of the County Road and west of Bassetts Creek as straightened, except the east 3 acres of said tract which lies north of a line 30 feet north of the south line of the Northeast Quarter of the Southeast Quarter, and parallel thereto; Which lies northeasterly of a line run parallel with and distant 110 feet southwesterly of Line 1 described below and southwesterly of Line 2 described below: Line 1. Beginning at a point on the north and south quarter line of said Section 36, distant 622 feet south of the center of said Section; thence run southeasterly at an angle of 79 degrees 47 minutes 00 seconds from said north and south quarter line (measured from east to south) for 1702.6 feet and there terminating; Line 2. From a point of Line 1 described above distant 952.6 feet southeasterly of its point of beginning run southwesterly at right angles to said Line 1 for 40 feet to the point of beginning of Line 2 to be described; thence run southeasterly to a point distant 65 feet southwesterly (measured at right angels) of a point on said Line 1 distant 1652.5 feet southeasterly of its point of beginning; thence run southeasterly to a point distant 40 feet southwesterly (measured at right angles) of a point on Line 3 described below distant 7 10. 11 feet southeasterly of its point of beginning and there terminating; Line 3. Beginning at a point on Line 1 described above distant 987.57 feet southeasterly of its point of beginning; thence run southeasterly along said Line 1 for 100 feet; thence deflect to the right an angle of 3 degrees 48 Resolution 98-470 (98106) Page 3 minutes 50 seconds for 556.26 feet; thence deflect to the right on a 6 degree 00 minute 00 second curve (delta angle of 16 degrees 04 minutes 10 seconds) for 267.82 feet and there terminating; Together with that part of Tract A herein before described adjoining and southerly of the above described strip, which lies northeasterly of a line run parallel with and distant 75 feet southwesterly of Line 3 described above. (Parcel 223 and Part of Parcel 23 S.P. 2723 (55=188)901) ALSO That part of Tract A described below: Tact A. That part of the Northeast Quarter of the Southeast Quarter of Section 36, Township 118 North, Range 22 West, Hennepin County, Minnesota, lying south of the County Road, and west of Bassetts Creek as straightened, described as follows: The east 3 acres of the above described premises lying north of a line 30 feet north of the south line and parallel thereto: Which lies southerly of Line 1 described below and northerly of a line run parallel with and distant 75 feet southwesterly of Line 2 described below: Line 1. From a point on Line 3 described below, distant 1652.6 feet southeasterly of its point of beginning run southerly at right angles to said Line 3 for 65 feet to the point of beginning of Line 3 described below; thence run southeasterly to a point distant 40 feet southwesterly (measured at right angles) of a point on Line 2 distant 686.26 feet southeasterly at its point of beginning; thence run southerly to a point distant 75 feet southwesterly (measured at right angles) of a point on said Line 2 distant 696.26 feet southeasterly of its point of beginning and there terminating; Line 2. Beginning at a point on Line 3 described below distant 987.57 feet southeasterly of its point of beginning; thence run southeasterly along said Line 3 for 100 feet; thence deflect to the right an angle of 3 degrees 48 minutes 50 seconds for 556.26 feet; thence deflect to the right on a 6 degree 00 minute 00 second curve (delta angle of 16 degrees 04 minutes 10 seconds) for 267.82 feet and there terminating; Line 3. Beginning at a point on the north and south quarter line of said Section 36, distant 622 feet south of the center of said Section; thence run southeasterly at an angle of 79 degrees 47 minutes 00 seconds from said north and south quarter line (measured from east to south) for 1702.6 feet and there terminating; Resolution 98-470 (98106) Page 4 Together with all right of access control being the right of ingress to and egress from that part of Parcels 24 and 224 herein conveyed to the lands adjacent thereto, except that the abutting owner shall retain the right of access on the westerly 30 feet of said Parcels to an outer lane only. (Part of Parcel 24 and 324 S.P. 2723 (55=188)901) RUED PARCEL 3: The West 135 feet of the Northeast Quarter of the Southeast Quarter of Section 36, Township 118, Range 22, lying South of State Highway No. 55, except road, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the 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 of Homestead Village for a site plan, conditional use permit, interim use permit, and variances to allow constriction of an 118 -unit extended stay hotel, subject to the following conditions: 1) The site plan, conditional use permit, and variances allow the constriction of a 118 - unit extended stay hotel, subject to the approval of the wetland mitigation plan and the vacation of the roadway easement, in accordance with the plans received by the City on June 26, 1998, except as amended by this resolution. 2) A conditional use permit is approved for the proposed flood fringe impacts based on the finding that flood storage would increase on the property from 5.4 acre-feet to 5.7 acre-feet. 3) The interim use permit is to permit a reduction in the number of required parking stalls from 124 to not less than 97 stalls. 4) This resolution approves a Fire Code Variance to the requirement for a fire lane within 50 feet of all sides of the extended stay hotel, as shown on the plans received by the City on August 8, 1997. 5) The setbacks from the front, side and rear property lines shall be as shown on the plans received by the City on June 26, 1998. Resolution 98-470 (98106) Page 5 6) Prior to issuance of building permits, the applicant shall submit a revised landscaping plan. The complement of trees may not be less than 25 percent deciduous and not less than 25 percent coniferous. 7) Easement regarding cross access and shared parking shall be submitted for staff review and approval and shall be filed with Hennepin County prior to issuance of building permits. 8) The applicant shall submit the necessary documents for staff review demonstrating that the two parcels are under the control of Homestead Village. 9) The following extraordinary management measures shall be provided: 1) extra erosion control measures during constriction and until the site is re -vegetated, 2) no manicured lawn areas between the parking lot and the wetland, 3) wetland vegetation and natural plantings in the buffer and setback area per Zoning Ordinance requirements, 4) the use of phosphorus free fertilizer for the life of the project, 4) a pre -pond skimmer to remove sediment from the run-off prior to it entering the storm water quality pond, and 5) directing all run-off from buildings, parking lots, and other impervious surface into the storm water pond. 10) The off-site wetland mitigation on the "Little Peninsula" is subject to the approval of a wetland mitigation plan by the City Council. 11) Any existing junk materials or debris located on the "Little Peninsula" shall be removed from the property as required by City Ordinances. 12) The junk vehicles, materials, and equipment shall be removed from the subject property and disposed of properly in accordance with City Ordinances. 13) The following variances as shown on the site plan are approved: 1) front yard setback of 40 feet, where the ordinance requires 50 feet, 2) front yard parking lot setback of 3 feet, where and the ordinance requires 20 feet, 3) front yard drive aisle setback of 3 feet, where the ordinance requires 10 feet, and 4) wetland setback and buffer variances as indicated on the plans dated June 26, 1998 with the finding that the applicable variance standards are met. Specifically: a) The physical surroundings and the size and shape of the wetlands on the property create a unique hardship. The requested variances are needed in order to reduce the amount of wetland impacts on the property. b) A unique hardship is apparent in the amount and location of wetlands on the site. Any development of this site would require wetland impacts or setback variances. Resolution 98-470 (98106) Page 6 c) The purpose of the variations are not based exclusively upon a desire to increase the value or income potential of the property; but rather, to enjoy a reasonable use of the property. d) The granting of the variances would not be detrimental to the public welfare or other land because the building would be setback a safe distance from the public rights-of-way, and the necessary storm water improvements would be provided to adequately address surface drainage. 14) Sign permits shall be required for all signage. All signage must conform to the City's Sign Ordinance, and no variances are granted or implied by this approval. 15) All rooftop mechanical equipment shall be screened or painted to match the building. 16) An eight foot wide bituminous trail shall be constricted along the east side of Nathan Lane. 17) Standard Conditions: a) Compliance with the City Engineer's Memorandum. b) Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution prior to issuance of building permits. c) Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. d) Compliance with the Ordinance regarding the location of fire hydrants, post indicator valve, fire department connection, fire lanes, and fire lane signage prior to issuance of building permits. e) An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. f) Compliance with regulations regarding handicapped parking spaces and access. g) 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 Section 21045.09 of the Zoning Ordinance. Adopted by the City Council on August 5, 1998. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. Resolution 98-470 (98106) Page 7 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 5, 1998 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