HomeMy WebLinkAboutCity Council Resolution 2018-253
C ITY OF P LYMOUTH
R ESOLUTION N O. 2018-253
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 LOCATED AT 3301
S TATE H IGHWAY 169 (2018 017)
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 a new
24-unit apartment building for the property presently legally described as follows:
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 West
of the Fifth Principal Meridian 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 a 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, according to the Government Survey thereof.
And:
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, according to the Government Survey thereof,
Except that part of above Paragraphs 1 and 2 which lie East of a line hereinafter described as Line
"A";
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 degrees and run North parallel with the East line of said Section to the North line
of the first above described tract and there terminating.
AND
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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 West
of the Fifth Principal Meridian 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 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 lien of the last above
described tract and there terminating, according tot eh United States government survey thereof.
Being registered land as is evidenced by Certificate of Title No. 867418.
Together with that part of Lot 2, Block 1, SUNRISE MARSH, according to the recorded plat thereof,
Hennepin County, Minnesota, lying easterly of the west line of the east 683.00 feet of the
Southeast Quarter of the Northeast Quarter of Section 24, Township 118, Range 22.
AND
That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 118, Range
22, Hennepin County Minnesota, described as follows:
Commencing at the northeast corner of Lot 2, Block 1, SUNRISE MARSH, according to the recorded
plat thereof; thence South 00 degrees 07 minutes 29 seconds East, along the east line of said Lot
2, a distance of 135.10 feet to an angle point on the east line of said Lot 2 and the point of beginning
of the lands to be described; thence continuing South 00 degrees 07 minutes 29 seconds East a
distance of 120.00 feet to the easterly extension of the southern most line of said Lot 2; thence
North 89 degrees 55 minutes 42 seconds West, along said extended line, a distance of 70.00 feet
to the easterly termination of said southern most line of Lot 2; thence North 00 degrees 07 minutes
29 seconds West, along ‘Line A’ as shown on said plat, a distance of 120.00 feet to an angle point
in the east line of said Lot 2; thence continuing along said ‘Line A’ North 89 degrees 52 minutes 31
seconds East, a distance of 70.00 feet, to the point of beginning and there terminating.
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and
recommends approval.
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NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and does approve the request by Gary F. Brummer and Rita Brummer for a
site plan amendment and conditional use permit for a new 24-unit apartment building, subject to the
following conditions:
1. A site plan amendment is approved to allow construction of an additional 24-unit apartment
building and related site improvements in the south portion of 3301 Highway 169, in
accordance with the civil plans received by the city on May 31, 2018 and architectural plans
received by the city on May 10, 2018, except as amended by this resolution.
2. A conditional use permit is approved to allow an additional principal building on the site
with the finding that the proposal complies with all applicable conditional use permit
standards.
3. Silt fence shall be installed prior to commencement of any construction on the site.
4. A separate building permit is required prior to commencement of the project.
5. 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. Execute a site improvement performance agreement and submit the related financial
guarantees and fees pursuant to section 21045.10 of the zoning ordinance.
b. Obtain any required reviews, permits and approvals from MnDOT and the watershed
district, as well as the required NPDES permit.
c. Execute and record a maintenance agreement covering the porous pavement.
d. Submit fire flow calculations flowing the existing southeast hydrant and the proposed
new hydrant. Flow each hydrant individually to 20 pounds per square inch (psi) residual
pressure and flow the two hydrants simultaneously to 20 psi residual pressure at each
hydrant.
e. An approved solenoid valve is required between the fire and domestic water supply
lines to the building. The solenoid valve must be located inside the building at the fire
sprinkler riser.
f. Identify the post indicator valve and fire department connection locations.
g. The proposed hydrant must be relocated to an approved location in the parking lot
island.
h. An approved NFPA fire sprinkler system is required for the entire building and all decks
and balconies.
i. Indicate that the fire lane segment to be widened/reconstructed shall be designed to
seven-ton capacity.
j. Submit a temporary construction easement for any disturbance on adjacent properties
to widen the fire lane.
k. Obtain city approval of final construction plans.
l. Comply with the regulations and requirements pertaining to wetland fill and mitigation.
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m. Provide a 6-foot wide drainage and utility easement on the new south property line, and
provide a 10-foot wide drainage and utility easement on the new east property line
abutting Highway 169.
n. Provide a drainage and utility easement to cover all of the wetland abutting the new 24-
unit apartment building.
6. The wetland buffer shall be established and buffer monuments shall be installed prior to
issuance of the certificate of occupancy for the building.
7. Fire lane signage shall be provided in locations to be field identified by the fire inspector.
8. 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 unit.
9. The lease documents for this development shall prohibit on-site storage of recreational
vehicles.
10. 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 to match the building,
consistent with the requirements of section 21130.05 of the zoning ordinance.
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.
APPROVED by the City Council on this 26th day of June, 2018.
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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
June 26, 2018, 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