HomeMy WebLinkAboutCity Council Resolution 2021-230
C ITY OF P LYMOUTH
R ESOLUTION N O. 2021-230
R ESOLUTION A PPROVING A S ITE P LAN, C ONDITIONAL U SE P ERMITS AND
V ARIANCES FOR C HICK-F IL-A, I NC. FOR P ROPERTY L OCATED AT
3005 H ARBOR L ANE (2021013)
WHEREAS, Chick-fil-A, Inc., has requested approval of a site plan, conditional use permits and
variances to allow construction of a construction of a new Chick-fil-A restaurant and bank with related
site improvements in the C-3 (highway commercial) zoning district for the property presently legally
described as follows:
Parcel 1: Lot 1, except the North 137.5 feet thereof, all of Lot 2, and that part of the East 50 feet of
Lot 3 lying South of a line parallel with and 137.5 feet South of the Westerly extension of the North
line of said Lot 1, and that part of the West 44 feet of the East 94 feet of said Lot 3 lying South of a
line parallel with and 201.5 feet South of the Westerly extension of the North line of said Lot 1, all in
Block 1, Fox Meadows First Addition, Hennepin County, Minnesota, together with an easement for
roadway purposes over and across that portion of said Lot 3, Block 1, Fox Meadows First Addition,
legally described as follows: The West 24 feet of the East 74 feet of the North 201.5 feet of Lot 3, Block
1, Fox Meadows First Addition, Hennepin County, Minnesota.
Abstract Property
Parcel 2: That part of the South Half of the Northeast Quarter of the Southeast Quarter of Section 21,
Township 118, Range 22, which lies northerly of a line parallel with and distant 150 feet northeasterly
of the following described line: Beginning at a point on the east line of said Section 21, distant 990.0
feet south of the East Quarter corner thereof; thence run northwesterly at an angle of 69 degrees 45
minutes with said east section line for 1075.5 feet; thence deflect to the right on a 00 degree 59
minute 37 second curve (delta angle 08 degrees 43 minutes) for 300.00 feet and there terminating.
Except
That part of the South Half of the Northeast Quarter of the Southeast Quarter of Section 21, Township
118, Range 22, which lies northeasterly of "Line A”; and easterly and southeasterly of the following
described line: Beginning at the intersection of the north line of the South Half of the Northeast
Quarter of the Southeast Quarter of Section 21, Township 118, Range 22, and a line 60.00 feet
westerly of and parallel to the east line of said Section 21; thence south on said parallel line a distance
of 100.00 feet; thence southwesterly deflecting to the right 15 degrees to said "Line A” and there
terminating; and That part of the east 65.00 feet of the South Half of the Northeast Quarter of the
Southeast Quarter of Section 21, Township 118, Range 22, which lies northeasterly of "Line A”; and
westerly of the following described line: Beginning at the intersection of the north line of the South
Half of the Northeast Quarter of the Southeast Quarter of Section 21, Township 118, Range 22, and a
line 60.00 feet westerly of and parallel to the east line of said Section 21; thence south on said parallel
line a distance of 100.00 feet; thence southwesterly deflecting to the right 15 degrees 00 minutes 00
seconds to said "Line A” and there terminating. That part of the South Half of the Northeast Quarter
of the Southeast Quarter of Section 21, Township 118, Range 22, described as follows: Commencing
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at the intersection of the north line of the South Half of the Northeast Quarter of the Southeast
Quarter of Section 21, Township 118, Range 22, and a line 60.00 feet westerly of and parallel to the
east line of said Section 21; thence south on said parallel line a distance of 100.00 feet; thence
southwesterly deflecting to the right 15 degrees 00 minutes 00 seconds 28.64 feet to the point of
beginning; thence continuing southwesterly along the extension of the last described line to "Line A”;
thence northwesterly along "Line A” 20.00 feet; thence northeasterly to the point of beginning. "Line
A” is described as a line parallel to and distant 150 feet northeasterly of the following described line:
Beginning at a point on the east line of said Section 21, distant 990.9 feet south of the East Quarter
corner thereof; thence run northwesterly at an angle of 69 degrees 45 minutes with said east section
line for 1075.5 feet; thence deflect to the right on a 00 degree 59 minute 37 second-curve (delta angle
08 degrees 43 minutes) for 300 feet and there terminating.
Hennepin County, Minnesota
Torrens Property
Certificate of Title No. 1454383
Parcel 3: The beneficial rights as set forth in the Declaration of Mutual Easement, dated January 24,
1974, recorded January 24, 1974 as Document No. 4064460 in the records of the County Recorder.
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 Chick-fil-A, Inc., for a site plan,
conditional use permits and variances to allow construction of a new Chick-fil-A restaurant and bank,
subject to the following conditions:
1. A site plan is approved to allow construction of a 4,898 square-foot new Chick-fil-A restaurant and
3,000 square-foot bank and related site improvements, in accordance with the plans received by the
City on February 2, 2021, with additional information on March 3, 2021, June 14, 2021, June 15, 2021,
and July 8, 2021, except as amended by this resolution.
2. A conditional use permit is approved to allow a dual drive-through in the B-3 zoning district with the
finding that the proposal complies with all applicable conditional use permit standards.
3. A conditional use permit is approved to allow two buildings on one lot with the finding that the
proposal complies with all applicable conditional use permit standards.
4. A variance is approved to not require a bypass lane for the drive-through, with the finding that the
proposal complies with all applicable variance criteria.
5. A variance is approved to allow a drive aisle for drive-through setback from property line reduction to
11.3 feet where 15 feet is required, with the finding that the proposal complies with all applicable
variance criteria.
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6. A variance is approved to allow a trash receptacle setback reduction to six feet where 15 feet is
required, with the finding that the proposal complies with all applicable variance criteria.
7. A variance is approved to allow parking setback reductions in multiple locations where 20 feet is
required, with the finding that the proposal complies with all applicable variance criteria.
8. The operation shall be responsible for litter control within 300 feet of the premises and litter control
is to occur daily. Trash receptacles must be provided at a convenient location on site to facilitate litter
control.
9. The facility’s public address system shall not be audible from any adjacent residentially zoned or
guided property and shall comply with Section 21105.10 of this Chapter.
10. The trash enclosure shall be of the same materials as the primary buildings.
11. The developer is required to install trail per the City standard trail document.
12. The developer is required to consolidate the existing two lots into one lot prior to building permits
being issued.
13. A separate demolition permit is required for demolition of any existing buildings on site.
14. A separate building permit is required prior to construction of the project.
15. 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 a financial guarantee pursuant
to section 21045.10 of the zoning ordinance.
b. Obtain the required right-of-way permits from the City of Plymouth engineering division for any
work in the Fernbrook Lane right-of-way.
c. Obtain any required permits from other agencies including, but not limited to MnDOT and the
watershed district, Metropolitan Council Environmental Services, Minnesota Pollution Control
Agency, Minnesota Department of Health, as well as the NPDES permit.
d. Obtain City approval of final construction plans.
e. Obtain City Fire Department approval of final construction plans.
f. Revise the plans to meet engineering requirements as follows:
1. Provide final engineering plans signed by a licensed engineer in the State of Minnesota in
accordance with City plan submittal requirements.
2. All applicable City Standard Detail Plates to be included in plans.
3. Revise drawings to eliminate the right-in parking lot vehicle access from Fernbrook Lane.
4. Include removing and replacing the bituminous pavement between the northwest corner of
the site and Harbor Ln, filling in the small gap of missing curb and gutter near Harbor Ln, and
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reconstructing the entrance at Harbor to be in compliance with City Standard Plate STRT-12
for a Commercial Driveway.
5. Prior to commencement of grading operations, the applicant shall obtain a grading permit,
and shall install and request inspection of silt/erosion control fencing.
6. Revise pavement designs to be consistent with Geotechnical Engineering Report
Recommendations, noting Standard Duty is only allowed within parking stalls.
7. Submit for City approval Drainage and Utility Easements to encompass proposed
stormwater management facilities.
8. Obtain Staff Approval for proprietary stormwater filter, labeled ST-101.
9. Incorporate existing stormwater basin located on the southwest corner of the property into
proposed design storm sewer system.
10. Staff to approve Stormwater Pollution Prevention Plan (SWPPP).
11. All trees within easements are subject to approval from the City Forester.
12. Submit a Temporary Traffic Control plan for construction for approval.
g. Revise the plans to meet fire code requirements as follows:
1. Identify FDC location for both buildings.
2. Submit fire flow calculations.
3. Fire lane construction per City Engineering details required for all development drives.
4. Hydrants - additional or relocation required in approved locations for the entire
development.
5. Looped development water main system may be required.
6. Identify PIV location for both buildings.
7. Existing second/emergency access required in approved location from property to the west
of the proposed site and from Harbor Lane required.
8. An approved site name/address signs required in approved locations at the site drive
entrance intersection from Harbor Lane.
9. Identify water main locations and sizes.
10. An approved fire sprinkler system and fire alarm system is required in the proposed
buildings.
16. All construction parking shall be located on-site.
17. Basset Creek Watershed review needed.
18. A stormwater maintenance agreement will be required.
19. All rooftop and mechanical equipment shall be screened as required by section 21130.05 of the zoning
ordinance.
20. Silt fence shall be installed prior to any grading or construction on the site.
21. Fire lane signage shall be provided in locations to be field identified by the fire inspector.
22. All new and repaired drive aisles and fire lanes shall be constructed to minimum standards and
approved by City Fire Inspector.
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23. Standard Conditions:
a. The applicant shall remove any diseased or hazardous trees.
b. The site shall remain in conformance with section 2025 of the City code regarding noise
regulations.
c. Compliance with the City’s lighting regulations.
d. All signage shall require separate permits and shall be in conformance with the sign regulations
in section 21155 of zoning ordinance.
e. Compliance with City’s landscaping regulations.
f. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
24. The conditional use permits, site plan, and variance 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 21015.07, 21045.09 and 21030.06
respectively, of the zoning ordinance.
ADOPTED by the City Council this 10th day of August, 2021.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed Deputy City Manager of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City
Council on August 10, 2021, with the original thereof on file in my office, and the same is a correct
transcription thereof.
WITNESS my hand officially as such Deputy City Manager and the Corporate seal of the City this
__________day of ________________________, ___________.
____________________________________
Deputy City Manager