HomeMy WebLinkAboutCity Council Resolution 1999-316CITY OF PLYMOUTH
RESOLUTION 99-316
APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR
HEARTHSTONE ASSISTED LIVING FACILITY AND ALZHEIMER'S FACILITY AT THE
NORTHWEST QUADRANT OF ROCKFORD ROAD AND STATE HIGHWAY 169 (99046)
WHEREAS, Maxwell Johanson Maher Architects has requested approval of a site plan,
conditional use permit and variances to allow construction of an assisted living facility and an
Alzheimer's facility on property legally described as follows:
That part of Lot 2 and the east 44.00 feet of Lot 1 lying south of the north 494.72 feet thereof and
Lot 3 except that part thereof lying westerly of a line drawn parallel with and distant 44.00 feet
west of the west line of said lot 2 and its southerly extension and lying north of the easterly
extension of the north line of Lot 5, all in Block 1, Meyer Gonyea Addition, according to the plat
thereof on file and of record in 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 of the site plan, conditional use permit and variances;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the site plan,
conditional use permit and variances for an assisted living facility and Alzheimer's facility on
property located at the northwest quadrant of Rockford Road and State Highway 169, subject to
the following findings and conditions:
1. A site plan is approved to allow construction of an approximately 46,483 -square foot assisted
living facility and an approximately 7,800 -square foot Alzheimer's facility, in accordance
with the plans and application received by the City on May 21, 1999, and revisions received
on May 25, 1999, and June 29, 1999, except as amended by this resolution.
2. A conditional use permit is approved to allow two principal buildings on one lot, in
accordance with the plans and application received by the City on May 21, 1999, and
revisions received on May 25, 1999, and June 29, 1999, except as amended by this
resolution. The two principal buildings would be connected by a covered walkway.
Resolution 99-316
(99046)
Page 2
3. A fire lane variance is approved for the west side of the Alzheimer's facility, based on
topographic conditions, wetlands and shoreland management district constraints.
4. A shoreland variance is approved to allow 68 percent impervious surface area coverage
where 25 percent coverage is permitted, based on the following findings:
a. Because of the particular physical surroundings, shape or topographical conditions of the
specific parcel of land involved a particular hardship to the owner would result if the
strict letter of the regulations were to be carried out. The shoreland ordinance is intended
to preserve and enhance the quality of surface waters, but Lost Creek has been piped and
redirected and no longer meets the intent of the shoreland ordinance. Water quality
impacts would be limited by the expansion of existing storm water treatment and
retention ponds directly west of the subject site.
b. The conditions upon which the variance is requested are unique to this property and are
not applicable to other property within the same zoning district. This development was
platted prior to adoption of the shoreland ordinance and development of this parcel
consistent with the current shoreland regulations would be difficult due to the fact that
nearly 70 percent of this 2.75 acre site is located within the Shoreland Management
Overlay District.
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.
d. The hardship is caused by this Chapter and has not been created by persons having an
interest in the parcel of land. Lost Creek is a piped waterway and does not meet the intent
of the shoreland ordinance which aims to protect and enhance surface waters.
e. The granting of the variance would not be detrimental to the public welfare or injurious
to other land in the neighborhood because the vacant lot would be developed consistent
with the Comprehensive Plan and the Zoning Ordinance.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
g. The requested variance is the minimum action required to eliminate the hardship.
5. A drive aisle setback variances is approved for a 10.5 -foot side yard setback where 15 feet is
required, based on the following findings:
a. Because of the particular physical surroundings, shape or topographical conditions of the
specific parcel of land involved a particular hardship to the owner would result if the
Resolution 99-316
(99046)
Page 3
strict letter of the regulations were to be carried out. The reduced drive aisle setback is
necessary to shift the entire project to the east and away from both the wetland and Lost
Creek.
b. The conditions upon which the variance is requested are unique to this property and are
not applicable to other property within the same zoning district. This parcel is located
within the Shoreland District and the variance is requested in order to shift the
development away from the creek.
The purpose of the variance is not based exclusively upon a desire to increase the value
or income potential of the parcel of land.
d. The hardship is caused by this Chapter and has not been created by persons having an
interest in the parcel of land.
The granting of the variance would not be detrimental to the public welfare or injurious
to other land in the neighborhood because the vacant lot would be developed consistent
with the Comprehensive Plan and the Zoning Ordinance. The reduced drive aisle setback
would be adjacent to the parking lot for Edina Realty to the east. The applicant would
provide landscaping between the drive aisle and the property line to mitigate the effects
of the reduced setback.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
g. The requested variance is the minimum action required to eliminate the hardship and shift
the development away from the Lost Creek and the wetland.
6. Prior to issuance of building permits, the applicant must provide building elevations for the
Alzheimer's facility and material details for review and approval by planning staff
7. Prior to issuance of building permits, trash enclosure details must be submitted for review
and approval by staff.
8. Prior to issuance of building permits, the applicant must revise the site plan to move the
retaining wall near the trash enclosure to comply with the 50 -foot shoreland structure
setback.
9. All rooftop and ground mounted mechanical equipment shall be designed (including exterior
color) and located so to be aesthetically harmonious and compatible with the building.
Rooftop equipment over three (3) feet in height shall be screened with durable materials
which are aesthetically compatible with the structure. In no case shall wooden fencing be
used as a rooftop equipment screen.
Resolution 99-316
(99046)
Page 4
10. All signage shall comply with the sign regulations of the Zoning Ordinance.
11. Prior to issuance of building permits, the applicant shall prepare a revised lighting plan that
indicates compliance with the maximum 0.5 -foot candle standard at the property lines.
12. Prior to issuance of building permits, the landscape plan must be revised to provide the
equivalent of 78 overstory trees, 12 of which must be long-lived deciduous trees at least 3.5 -
inches in diameter.
13. The applicant must request a vacation of the easements that were retained for US West as
part of the original lot division. The line that was in this public easement area is no longer in
use and the easement is no longer necessary. The easements must be vacated prior to
issuance of building permits.
14. Prior to issuance of building permits, the applicant must enter into a pond maintenance
agreement with the City.
15. The applicant shall receive the necessary permits from the DNR, MnDOT, Bassett Creek, the
Army Corps of Engineers and NPDES prior to beginning grading.
16. Plans should be revised to identify the watermain as DIP.
17. The applicant must show that there is adequate storm sewer capacity from the private Post
Office storm sewer and provide the City with a letter from the owner of the Post Office
property authorizing the connection to the pipe. If the capacity is not available or permission
cannot be obtained from the property owner, the plans must be revised to provide a separate
storm sewer system.
18. Prior to issuance of building permits, the applicant must provide proof of recording for the
easement granted to the Post Office for the storm sewer from their parking lot to the pond.
This was a condition of the original lot division approval.
19. A detail for the drop manhole must be provided on the detail sheet.
20. The "special outlet structure" on sheet 6 shall be deleted.
21. Prior to issuance of building permits, the applicant must provide a letter from the adjacent
property owner authorizing excavation of the proposed storm water treatment pond.
22. Standard Conditions:
a. Compliance with the City Engineer's Memorandum.
Resolution 99-316
(99046)
Page 5
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. Removal of all hazardous trees from the property at the owner's expense.
d. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication
Policy in effect at the time of building permit issuance.
e. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
f. The permit is subject to all applicable codes, regulations and ordinances, and violation
thereof shall be grounds for revocation.
g. This approval shall expire one year after the date of approval, unless the property owner
or applicant has substantially started construction 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.
h. Compliance with the Ordinance regarding the location of fire hydrants, lock boxes, post -
indicator valves, fire department connections, fire lanes, and fire lane signage.
i. Prior to issuance of building permits, submission and approval of fire flow calculations.
j. 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.
ADOPTED by the City Council on August 3, 1999.
Resolution 99-316
(99046)
Page 6
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 3, 1999, 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