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09-10297rRESOLUTION NO. 10297 RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR 6700 - 6758 PORTLAND AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan for the parcel of land located at 6700 - 6758 Portland Avenue (the "Property"), which is proposed to be platted as: Lot 1, Block 1, RICHFIELD CITY HALL, Hennepin County, Minnesota; and WHEREAS, the proposed site plan includes 157 parking stalls rather than the required 179 parking stalls, and provides a 19.39-foot side setback along the southern property boundary as opposed to the required 30-foot setback; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause undue. hardship to the owners of the property under consideration; and WHEREAS, based on the followings above, the Richfield City Council approves the requested variances from Richfield Zoning Code Subsections 544.13 and 514.13; and WHEREAS, the City has fully considered the request for approval for the site plan; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: The City Council makes the following general findings: a. The Property is zoned R single family residential. b. The majority of the Property has been in use as governmental building and associated parking for over 50 years. The proposed use of the Property is for a governmental building and associated parking, which is a permitted use in the R zoning district. c. The Property is owned by the City. The City owns additional land abutting the Property that is used as a public park. The site plan proposes minimal reduction to the public park area. d. The existing parking lot provides parking for 147 vehicles. e. The proposed parking lot will provide structured parking for 29 vehicles and surface parking for 128 vehicles, for a total of 157 parking stalls. This is 22 less spaces than required by Richfield City Code Subsection 544.13 but 10 more spaces than have historically been available on the Property. A variance from the provisions of Subsection 544.13 is required. f. The proposed development will provide at least 24 bicycle parking spaces for use by employees to commute. The existing development provides seven bicycle parking spaces. g. The proposed site plan shows that the building will encroach 10.61 feet into the required 30-foot sideyard setback from the south property line, which abuts 68t" Street. In order to comply with the 30-foot sideyard setback the .City would have to eliminate pull-through truck .bays for the Fire Department. Pull-through truck bays would eliminate the need to back fire trucks into the bays, which presents a traffic safety concern on Portland Avenue. A variance from the provisions of Richfield City Code Subsection 514.13 is required. 2. With respect to the application for variance from the parking requirements and sideyard setback requirements, the City Council makes the following findings: a. Strict enforcement of Richfield Zoning Code Subsections 544.13 and 514.13 would cause an undue hardship. The development of the Property for a city hall is a reasonable use that cannot be reasonably accomplished with strict enforcement of those subsections. It is reasonable and a matter of safety that the new Fire Facility should include the pull-through truck bays and will encroach into the sideyard setback. The proposed parking increases by 10 the number of available stalls. b. Unique circumstances affect the Property that were not created by the land owner. Construction of a city hall that would adequately meet the current physical needs of the City, without variances, would involve use of adjacent park property. The adjoining public park is a community amenity and significant recreational asset that is unique to this site and that deserves protection. c. Granting the requested variances will not alter the essential character of the neighborhood. The majority of the Property has been in use as a government building for over 50 years and is part of the neighborhood character. The proposed plan minimizes impact to the adjacent Heredia Park, and the reduced setback is adjacent to a street as opposed to another property or structure. d. The variances requested are the minimum necessary to alleviate the undue hardship. The proposed plans protect Heredia Park while providing the minimum requirements necessary for the City Hall/Police/Fire Facility. 3. With respect to the proposed site plan, the City Council makes the following findings: a. The proposed site plan is consistent with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. b. Development of the site as a city hall is consistent with the purposes of the Code, which allows government buildings in residential areas, and the plan attempts to minimize impacts on adjacent park and residential uses. c. The plan attempts to preserve the adjacent park property in its natural state. Most of the Property has been fully developed for decades. Except for the entrance to underground police parking, there will not be significant changes in grade from the existing. The underground police parking entrance will be landscaped to minimize impact from the adjacent park and residences. d. The plan creates a harmonious relationship of buildings and open spaces with the terrain. The plaza serves as a transitional public space between the Park and the City Hall building. e. The proposed site plan promotes an internal sense of order among buildings and uses, provides adequate vehicular and pedestrian circulation, promotes energy conservation, and minimizes any adverse environmental effects. f. The proposed design, impervious surface limitations and a storm water management plan will protect adjacent properties from runoff. The emergency generator will. be screened from view and to lessen any noise. The building has been designed architecturally with many smaller walls so as to seem more in scale with the surrounding residential homes. g. The proposed plan conserves energy through the re-use of a previously developed site; use of low-maintenance, native plants; day lighting; energy- efficient building materials; high-performance lighting, mechanical and electrical building systems and more. 4. Based upon the above findings, a variance is hereby approved to reduce the requirement for off-street parking spaces from 179 to 157. 5. Based upon the above findings, a variance is hereby approved to reduce the sideyard setback from the south property line from 30 feet to 19.39 feet. 6. Based upon the above findings and variances, the proposed site plan is hereby approved according to the terms of Richfield City Code Subsection 547.13, Subdivision 9, with the following additional stipulations: a) That final landscaping, tree protection, lighting, and screening plans be approved by the Community Development Director prior to the issuance of any permits; b) That final grading, erosion control, storm water management, utility, ingress/egress and boulevard plans be approved by the Public Works Director prior to the issuance of any permits; and c) That final Heredia Park plans be approved by the Recreation Services Director prior to the issuance of any permits. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of October 2009. C Debbie Goettel, Mayor ATTEST: Nancy Gibb ity Clerk