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HomeMy WebLinkAboutCity Council Resolution 2023-157 C ITY OF P LYMOUTH R ESOLUTION N O. 2023-157 R ESOLUTION A PPROVING A S ITE P LAN A MENDMENT, C ONDITIONAL U SE P ERMIT A MENDMENT AND V ARIANCES FOR, KSW E NTERPRISES LLC TO ALLOW A DOUBLE DRIVE-THROUGH AT C ULVER’S, 6175 Q UINWOOD L ANE (2023 019) WHEREAS KSW Enterprises, LLC has requested amendment of the site plan and conditional use permit for the construction of a dual drive-through with related site improvements for Culver’s located at 6175 Quinwood Lane property legally described as follows: Parcel 1: The South 45 feet of Outlot D, Maple Grove Center First Addition, Hennepin County, Minnesota. Parcel 2: (Parcel 2-a): Lot 2, Block 1, Maple Grove Center Second Addition, Hennepin County, Minnesota, EXCEPT all that part of said Lot 2, Block 1, Maple Grove Center Second Addition, which lies Southwesterly of the following-described line and its extensions: Commencing at the Northwest corner of said Lot 2; thence on an assumed bearing of South 0 degrees 00 minutes 29 seconds East along the Westerly line of said Lot 2, a distance of 125.00 feet to the point of beginning of the line to be described; thence South 65 degrees 07 minutes 59 seconds East, 242.46 feet to the Easterly line of said Lot 2 and there terminating. (Parcel 2-b): Non-exclusive easements for ingress and egress of motor vehicles and pedestrians and for general driveway purposes as set forth in Declaration of Easements, Covenants and Conditions, dated December 20, 1991, filed December 20, 1991, as Document Number 5857575, Office of County Recorder, Hennepin County, Minnesota. Parcel 3: Non-exclusive easement for ingress and egress as set forth in Declaration of Easements, Covenants, Conditions and Restrictions dated May 3, 2001, filed May 4, 2001, as Document Number 7465966, Office of County Recorder, Hennepin County, Minnesota, by and between Maple Grove Mall Partners, LLP, a Minnesota limited liability partnership, and Quinwood Square, LLC, a Minnesota limited liability company, and Wells Fargo Bank Minnesota, National Association. 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 KSW Enterprises, LLC for a site plan amendment, conditional use permit amendment and variances for Culver’s at 6175 Quinwood Lane, subject to the following findings and conditions: 1. A site plan amendment is approved to allow construction of a dual drive-through and related site improvements, in accordance with the plans received by the city on March 27, Resolution 2023-157 File 2023019 Page 2 2023, with additional information received on March 31, 2023, April 27, 2023, May 3, 2023, and May 22, 2023, except as may be amended by this resolution. 2. A conditional use permit amendment is approved to allow a second drive-through lane, with the finding that all applicable conditional use permit standards would be met. 3. 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. 4. A variance is approved to allow a drive aisle for drive-through setback from property line reduction to 4 feet where 15 feet is required, with the finding that the proposal complies with all applicable variance criteria. 5. A variance is approved to allow a drive aisle width for drive-through reduction to 19.5 feet where 20 feet is required, with the finding that the proposal complies with all applicable variance criteria. 6. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control. 7. 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. 8. The developer is required to consolidate the existing two lots into one lot prior to permits being issued. 9. The trash enclosure shall be of the same materials as the primary buildings. 10. No alcoholic beverages may be sold or served in the drive-through lane. 11. Prior to commencement of the project, the applicant shall obtain required city permits, and required erosion control measures shall be in place. 12. 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 (SIPA) and submit the related financial guarantees and fees. 13. Standard Conditions: a. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. b. The site shall remain in conformance with section 2025 of the City Code regarding noise regulations. Resolution 2023-157 File 2023019 Page 3 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. The site plan 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 13th day of June, 2023. 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 13, 2023, 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 ___________________, _________. __________________________________ Jodi M. Gallup, City Clerk