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HomeMy WebLinkAboutCity Council Resolution 2017-020 C ITY OF P LYMOUTH R ESOLUTION N O. 2017-020 R ESOLUTION A PPROVING A S ITE P LAN A MENDMENT AND C ONDITIONAL U SE P ERMIT FOR AN A DDITIONAL A PARTMENT B UILDING ON P ROPERTY L OCATED AT 3301 S TATE H IGHWAY 169 (2016 073) WHEREAS, Gary F. Brummer and Rita Brummer, married to each other, as joint tenants, have requested approval of a site plan amendment and conditional use permit to allow construction of an additional apartment building for the property presently legally described as follows: Par 1: The South 353.60 feet of the north 918.60 feet of the East 938.70 feet and the East 683.00 feet lying South of the North 918.60 feet of the following described tract: All that part of the South Half, Northeast Quarter, Section 24, Township 118 North, Range 22 described as follows: Commencing at the Northeast corner of the Southeast Quarter Northeast Quarter; thence West along the North line thereof, 1401.78 feet, thence at right angles South 932.25 feet, thence at right angles East and parallel to the North line thereof, 1401.78 feet to the East line thereof; thence North along said line to the point of beginning, Except that part which lie East of a line described as: Beginning at a point on the south line of the Northeast Quarter of Section 24 distant 245 feet West of the East line of said Section; thence run North parallel with the East line of said Section a distance of 120 feet; thence deflect right at an angle of 90 degrees a distance of 70 feet; thence deflect left at an angle of 90 degree and run North parallel with the East line of said Section to the North line of the first above described tract and there terminating. Par 2: The North 140.75 feet of the East 683.00 feet of that part of the Southeast Quarter of the Northeast Quarter, Section 24, Township 118, Range 22 described as beginning at the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence West along the South line of said Southeast Quarter of the Northeast Quarter, a distance of 1124.31 feet; thence North parallel with the East line of said Southeast Quarter of the Northeast Quarter to a line drawn parallel with and 932.25 feet South as measured at right angles from the North line of said Southeast Quarter of the Northeast Quarter; thence East along the last described parallel line to the East line of said Southeast Quarter of the Northeast Quarter; thence South along said East line to the point of beginning, Except that part which lie East of a line described as: Beginning at a point on the south line of the Northeast Quarter of Section 24 distant 245 feet West of the East line of said Section; thence run North parallel with the East line of said Section a distance of 120 feet; thence deflect right at an angle of 90 degrees a distance of 70 feet; thence deflect left at an angle of 90 degree and run North parallel with the East line of said Section to the North line of the first above described tract and there terminating. Resolution 2017 File 2016073 Page 2 Par 3: The North 565 feet of the East 763.70 feet except the North 300 feet of the West 276.70 feet thereof of the following described tract: All that part of the South Half, Northeast Quarter, Section 24, Township 118 North, Range 22 described as follows: Commencing at the Northeast corner of the Southeast Quarter, Northeast Quarter; thence West along the North line thereof, 1401.78 feet; thence at right angles South 932.25 feet; thence at right angle East and parallel to the North line thereof, 1401.78 feet to the East line thereof; thence North along said line to the point of beginning, Except that part which lies East of the following described line: Beginning at a point on the South line of the Northeast Quarter of said Section 24, distant 245 feet West of the East line of said section; thence run North parallel with the East line said section a distance of 120 feet; thence deflect right at an angle of 90 degrees a distance of 70 feet; thence deflect right at an angle of 90 degrees a distance of 70 feet; thence deflect left at an angle of 90 degrees and run North parallel with the East line of said section to the North line of the last above described tract and there terminating. Subject to an easement for sewer purposes in favor of the City of Plymouth as set forth in Doc No 905648 and recorded in CR Doc No 3705285 over a strip of land 20 feet wide, being 10 feet on either side of a center line described as follows: Beginningat a point on the north line of the south ½ of the Northeast Quarter of said Section 24, Township 118, Range 22, Hennepin County, th Minnesota, which North line of said south ½ of the Northeast Quarter is the South line of 34 Avenue North as nowlaid out and existing in the City of Plymouth, 174.43 feet West of the point of intersection of the center line of Kilmer Lane as now laid out in said City, extended to its intersection with the North line of the said South ½ of the Northeast Quarter; thence Southerly on a line bearing South 0 degrees 5 minutes 55 seconds West for a distance of 694.90 feet, thence Southwesterly on a line bearing South 60 degree 56 minutes 27 seconds West for a distance of 400 feet; thence Southeasterly on a line bearing South 20 degrees 16 minutes 9 seconds East for a distance of 400 feet; thence Southerly on a line bearing South 3 degree 8 minutes 40 seconds to the East to the South line of said Southeast Quarter of the Northeast Quarter; (See Order Doc No 1068246) Subject to an easement for snow fence purposes in favor of the County of Hennepin as set forth in the instrument recorded as CR Doc No 2075297; (as to land in Par 2) Subject to a limitation of the right of access from part of above described premises to County State Aide Highway No. 18 as acquired by the County in deed Doc No 962650; (See Inst) (as to land in Pars 1 & 2) Subject to all right of access being the right of ingress to and egress from that part of the above described tract not acquired herein to County State Aid Highway No 18, as shown in deed Doc No 962650; (See Inst) (as to land in Par 3) Resolution 2017 File 2016073 Page 3 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 Gary F. Brummer and Rita Brummer for a site plan amendment and conditional use permit for an additional apartment building, subject to the following conditions: 1. A site plan amendment is approved to allow construction of an additional 66-unit apartment building and related site improvements, in accordance with the plans received by the city on August 12, September 2, and November 18, 2016, except as amended by this resolution. 2. A conditional use permit is approved to allow another principal building on the site with the finding that the proposal complies with all applicable conditional use permit standards. 3. A separate building permit is required prior to commencement of the project. 4. 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. Provide documentation from Hennepin County that the two properties have been consolidated. b. Execute a site improvement performance agreement and submit the related financial guarantees and fees pursuant to section 21045.10 of the zoning ordinance. c. Obtain any required permits from MnDOT and the watershed district. d. Execute and record a maintenance agreement covering the porous pavement. e. Submit fire flow calculations and include the size of the existing water main and the total square footage of all floor levels and construction type. f. Submit temporary construction easements for any disturbance on adjacent properties to widen the fire lane. g. Obtain city approval of final construction plans. h. Revise the plans as follows: i. Identify the outlet for the storm sewer pipes and add any needed erosion control devices around the outlets. ii. Identify the post indicator valve and fire department connections. iii. Add and relocate hydrants to approved locations. iv. Identify the building materials for the dumpster enclosure. v. Indicate that the fire lane shall be reconstructed to seven-ton capacity. vi. Indicate where the signage for compact parking would be installed and add the signage detail to the plans. vii. Revise the landscaping plan to indicate 15 percent of the required trees to be 3.5 caliper inches (deciduous) or eight feet in height (coniferous). viii. Widen the drive aisle on the east side of the site to 24 feet. Resolution 2017 File 2016073 Page 4 ix. If possible, given wetland constraints, widen the drive aisle in the southwest corner of the site to match the width of the remainder of the drive aisle. 5. Silt fence shall be installed prior to any construction on the site. 6. Fire lane signage shall be provided in locations to be field identified by the fire inspector. 7. The required parking spaces for the new building must be provided to residents without a fee. The applicant may consider assigning a specific enclosed parking space for each dwelling. 8. Standard Conditions: a. The applicant shall remove any diseased or hazardous trees. b. No trees may be planted in the public right-of-way. c. Any rooftop/ground-mounted equipment shall be screened consistent with the requirements of section 21130.05 of the zoning ordinance to match the building. d. Compliance with the city’s lighting regulations. e. Any signage shall comply with section 21155 of the zoning ordinance and shall receive sign permits if required. f. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. g. The site plan amendment and conditional use permit shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under sections 21045.09 and 21015.07, respectively, of the zoning ordinance. ADOPTED by the City Council on this 10th day of January, 2017. 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 January 10, 2017, 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