HomeMy WebLinkAboutCity Council Resolution 2019-118
C ITY OF P LYMOUTH
R ESOLUTION N O. 2019-118
R ESOLUTION A PPROVING A S ITE P LAN A MENDMENT AND C ONDITIONAL U SE P ERMIT FOR
AN A DULT D AY C ARE C ENTER AT 10700 S TATE H IGHWAY 55 (2018 090)
WHEREAS, Aurora Tower LLC has requested approval of a site plan amendment and conditional
use permit for an adult day care center for property legally described as follows:
That part of the following described tract of land lying North of a line drawn parallel with
and 50 feet Northeasterly of the Northeasterly right-of-way of State Highway No. 55.
That part of Lots 1, 2, 3, and 4, Block 4, Schiebe's Highland View Addition according to the
plat thereof on file and of record in the office of the Register of Deeds, Hennepin County,
Minnesota, and the Easterly Half of Vacated Francis Avenue and South Half of vacated
Florence Avenue, described as follows: Commencing at the Southwesterly corner of said
Block 4, Schiebe's Highland View Addition; thence Southeasterly along the Southwesterly
line of said Block 4, a distance of 135.0 feet to the actual point of beginning of the tract
to be described; thence Northeasterly parallel to the Northwesterly line of said Block 4, a
distance of 155 feet; thence deflect to the left 30 degrees in a Northerly direction for a
distance of 51.24 feet; thence northwesterly parallel with the Southwesterly line of said
Block 4 and its Northwesterly extension a distance of 129.37 feet to the centerline of
vacated Francis Avenue; thence Northeasterly along said center line of Francis Avenue; to
its intersection with the centerline of vacated Florence Avenue; thence East along said
centerline to its intersection with the Northerly extension of the East line of said Block 4;
thence South along said extension, and the East line of said Block 4, to the Southeast
corner of said Block 4; thence Northwesterly along the Southwesterly line of said Block 4
to the point of beginning.
Except that part of Lots 2 and 3, Block 4, Schiebe's Highland View Addition according to
the plat thereof on file and of record in the office of the Register of Deeds, Hennepin
County, Minnesota, described as follows: Commencing at the Southwesterly comer of
said Block 4, Schiebe's Highland View Addition; thence Southeasterly along the
Southwesterly line of said Block 4, a distance of 135 feet; thence Northeasterly parallel to
the Northwesterly line of said Block 4 a distance of 155 feet to the point of beginning of
the tract of land to be described; thence deflect to the left 30 degrees in a Northerly
direction for a distance of 51.24 feet; thence Southeasterly along a line parallel with
Southwesterly line of said Block 4 to its intersection with a line drawn from the point of
beginning of this description and parallel with the Northwesterly line of said Block 4;
thence Southwesterly along last described parallel line to Point of beginning.
Subject to a 15 foot perpetual easement described as follows: That part of Lot 3, Block 4,
Schiebe's Highland View Addition, according to the plat thereof on file and of record in
the office of the Register of Deeds, Hennepin County, Minnesota, and the Easterly Half of
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vacated Francis Avenue described as follows: Commencing at the Southwesterly corner
of said Block 4, Schiebe's Highland View Addition; thence Southeasterly along the
Southwesterly line of said Block 4, a distance of 135.0 feet; thence Northeasterly parallel
to the Northwesterly line of said Block 4, a distance of 155 feet to a point to be hereafter
known as Point A; thence deflect to the left 30 degrees in a Northerly direction for a
distance of 51.24 feet to the point of beginning of the easement to be described, thence
Northwesterly parallel the Southwesterly line of said Block 4 and its Northwesterly
extension a distance of 129.37 feet to the centerline of vacated Francis Avenue; thence
Northeasterly along said centerline of Francis Avenue a distance of 15 feet; thence
Southeasterly along a line parallel to the Southwesterly line of said Block 4 to its
intersection with a line drawn from said Point A and parallel with the Northwesterly line
of said Block 4; thence Southwesterly along last described parallel line to its intersection
with a line drawn from the point of beginning of this description and parallel with the
Southwesterly line of said Block 2; thence Northwesterly along last described parallel line
to the point of beginning according to the recorded plat thereof on file and of record in
the office of the Register of Deeds in and for Hennepin County, Minnesota.
AND
That part of Block 5 of Schiebe's Highland View Addition, Hennepin County, Minnesota,
except that part thereof lying southwesterly of a line drawn from a point on the
northwesterly line of said Block 5 distant 10 feet northeasterly of the southwesterly
comer thereof to a point on the centerline of vacated Francis Avenue distant 15 feet
northeasterly of the southwesterly end of said Francis Avenue; ALSO that part of vacated
Florence Avenue and vacated Francis Avenue lying between their respective centerlines
and said Block 5 from a point at the intersection of the centerline of said Florence Avenue
and the northerly line of Lot 12, Block 2 of said Schiebe’s Highland View Addition extended
southeasterly; thence northeasterly and easterly along said centerline to its intersection
with the centerline of said Francis Avenue; thence southwesterly along the centerline of
said Francis Avenue to a point 15 feet northeasterly of the southwesterly end of Francis
Avenue lying northeasterly of the following described line:
Commencing at the intersection of the southeasterly extension of the southwesterly line
of Block 5, Schiebe's Highland View Addition, according to the recorded plat thereof,
Hennepin County, Minnesota and the centerline of Francis Avenue as dedicated in said
Schiebe's Highland View Addition; thence northeasterly along said centerline a distance
of 225.00 feet to the point of beginning of the line to be described; thence deflecting left
90 degrees to the centerline of Florence Avenue as dedicated in said Schiebe's Highland
View Addition and said centerline there terminating, according to the plat thereof on file
and of record in the Office of the County Recorder in and for Hennepin County,
Minnesota.
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 Aurora Tower LLC for a site plan
amendment and conditional use permit to allow an adult day care center in the existing C-3 office
building located at 10700 State Highway 55, subject to the following conditions:
1. A site plan amendment and conditional use permit is approved to allow the lower level of the
building to be used as an adult day care center, in accordance with the application and plans
received by the City on February 27, 2019, except as may be amended by this resolution.
2. The conditional use permit is approved with the finding that all applicable conditional use permit
standards are met.
3. Prior to commencement of any improvements, the applicant shall obtain any required building
permits.
4. The adult day care center operator shall obtain any required permits and licenses for the adult day
care center from the State of Minnesota and Hennepin County.
5. Prior to issuance of building permits, the applicant shall receive city approval of final construction
plans.
6. The vehicles (vans) used to transport clients to and from the adult day care center shall not be
stored on the site overnight.
7. All parking related to the building shall occur on the site. Prior to opening the adult day care
center, the parking lot shall be restriped to accommodate 136 parking spaces, including 14 larger
parking spaces for the weekday parking of transport vans.
8. Hours of operation for the adult day care center shall be weekdays from 7 AM to 6 PM.
9. The permit is subject to all applicable building and fire codes, and to all city regulations and
ordinances. Any violation thereof shall be grounds for revocation.
10. Standard conditions:
a. Any signage shall require issuance of separate sign permits and comply with the city sign
regulations.
b. All waste and waste containers shall be stored within approved designated areas.
c. All parking shall be off-street in designated parking spaces.
d. Compliance with noise and screening regulations for mechanical equipment.
e. Subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
f. This approval shall expire one year after the date of approval, unless the property owner or
applicant has started 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 and 21015.07 of the zoning ordinance.
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APPROVED by the City Council this 23rd day of April, 2019.
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
April 23, 2019, 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