HomeMy WebLinkAboutCity Council Resolution 2023-176
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-176
R ESOLUTION A PPROVING A S ITE P LAN A MENDMENT, C ONDITIONAL U SE P ERMITS AND
V ARIANCES FOR T HIELEN & G REEN P.A. FOR R EDEVELOPMENT OF THE E XISTING M OTOR
F UEL S TATION FOR P ROPERTY L OCATED AT 9605 36TH A VENUE (2023009)
WHEREAS, Thielen & Green, P.A., has requested approval of a site plan amendment, conditional
use permit and variances to allow construction of a new motor fuel station/convenience store with
prepared food, with attached accessory car wash, and related site improvements in the C-3 (highway
commercial) zoning district for the property presently legally described as follows:
Lots 14 and 15, Block 2, Glen Erie Addition, Hennepin County, Minnesota; and
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 Thielen & Green P.A., for a site plan
amendment, conditional use permit and variances to allow construction of a new motor fuel
station/convenience store with prepared food, with attached accessory car wash, subject to the
following conditions:
1. A site plan amendment is approved to allow construction of a 4,619 square-foot new motor fuel
station/convenience store with prepared food, with attached accessory car wash, and related site
improvements, in accordance with the plans received by the city on February 3, 2023, with
additional information on April 12, 2023, except as amended by this resolution.
2. A conditional use permit is approved to allow a new building that includes a fuel
station/convenience store with prepared food, and accessory commercial car wash in the C-3 zoning
district, with the finding that the proposal complies with all applicable performance standards
pursuant to section 21465.07 and conditional use permit standards.
3. A variance is approved to not require a bypass lane for a portion of the car wash stacking lane where
the entire length is required, with the finding that the proposal complies with all applicable variance
criteria.
4. A variance is approved to allow parking located nine feet from the building where ten feet is
required, with the finding that the proposal complies with all applicable variance criteria.
5. Convenience/deli food is of the take-out type only and that no provision for seating or consumption
on the premises is provided. Furthermore, that the enclosed area devoted to such activity, use and
merchandise shall not exceed 15 percent of the gross floor area.
Resolution 2023-176
File 2023009
Page 2
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. Hours of operation: The hours of operation for a convenience grocery market shall be limited to
6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. Unless
otherwise limited or prohibited by the Council as part of the conditional use permit, the hours of
operation for pay-at-the-pump motor fuel sales may be 24 hours per day.
8. The trash enclosure shall be of the same materials as the primary buildings.
9. Driveway access to 36th Avenue shall be prohibited.
10. A separate demolition permit is required for demolition of any existing building on site.
11. Prior to issuance of the demolition permit, the applicant shall obtain a sewer and water disconnect
permit.
12. A separate building permit is required prior to construction of the project.
13. 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 Kilmer Lane or 36th Avenue rights-of-way.
c. Obtain any required permits from other agencies including, but not limited to MnDOT and the
Bassett Creek 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. Provide a ten-foot trail easement on the north side of the property adjacent to 36th Avenue.
f. Obtain Sac determination letter from the metropolitan council.
g. Receive Hennepin County Health Department approval.
h. Show accessible routes (max slope 1:20) identified on the plans from the accessible parking
spaces to the accessible entry.
i. Provide an updated lighting plan that: 1) identifies the calculation of lumens per square foot of
parking lot or other hardscape area to be lighted (note, the LZ2 allows up to 2.5 lumens/square-
feet of hardscape; and 2) provides house side shielding of light fixtures (required if located
within 300 feet of residential property).
j. Provide Manufacturer cut sheets of proposed fixtures showing: 1) BUG (backlight, uplight, glare)
rating, 2) CCT - Correlated Color Temperature (cannot exceed 4100K); 3) CRI - Color Rendering
Index (shall be a minimum of 70).
Resolution 2023-176
File 2023009
Page 3
k. Provide proposed lighting controls (to meet curfew). See attached section 21105.06 of the
zoning ordinance that contains the regulations for exterior lighting. The subject property is in LZ-
2 (lighting zone 2).
l. Provide an updated landscaping/reforestation plan - add additional tree to landscaping plan
based on overall building/carwash size and trees to be removed (8 new overstory trees
required).
m. Revise the site plan to include one additional required parking space for the carwash (21 parking
spaces required, 21 proposed) and to show striping for two spaces that meets parking space
requirements near the vacuum area.
n. Revise the site plan to include bike parking and bench for customers.
o. Provide exterior trash enclosure details that meet/match the architecture or the principal
building.
p. 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. Submit chloride management plan for approval.
3. Obtain MPCA and NPDES permits.
4. Obtain city right of way permit if work will extend into right of way.
5. Complete storm sewer maintenance agreement.
6. Submit and receive approval of revised storm water report.
7. Ensure correct city project number is provided on all page PZ2023009.
8. Reference latest guidelines & standard detail specifications for sanitary sewer, water main,
storm sewer & street construction.
9. Reference latest specifications of MNDOT standard specifications for construction.
10. Reference latest specifications of city engineering association of Minnesota standard
specifications.
11. Provide profiles for all proposed utilities and existing utilities where proposed grades will be
modified by more than six inches. Need to include stations, elevations, pipe length, size,
material, class, slope for gravity pipes, minimum cover for pressure pipes, rim elevations,
invert elevations, existing and finished grade, and crossing utilities shown and labeled in the
correct location.
12. Include contour elevation labels and percent of grade labels throughout to fully understand
grading plan and drainage patterns.
13. Incorporate and reference strt-12 industrial / commercial driveway.
14. Show anticipated easements.
15. Revise silt fence locations as indicated in provided plan comments.
16. Provide approved erosion control notes and details including rock entrances and silt fencing.
17. Detail concrete wash locations per SWPPP requirements.
18. All erosion & sediment control items must be in compliance with MPCA CSW permit (MN
r100001).
19. Provide current city details using city specific templates and headers.
20. Configure site to utilize only two driveway entrances from Kilmer Lane and to align with
future Kilmer Lane realignment project.
Resolution 2023-176
File 2023009
Page 4
q. Revise the plans to meet fire code requirements as follows:
1. Fire department recommend that the existing tanks to be replaced due to being 33 years
old. If not replaced, a qualified third-party vendor must perform a tightness test. Contact
the Fire department to let them know what company will be preforming this test before it is
conducted.
2. All dispensers need to be tested and pass inspection by a qualified third-party vendor. Fire
needs to know what company will be conducting test.
3. Checkout counter needs to be moved to the north end of the building. Minnesota state fire
code 2304.2.4 attendant shall have a clear view of dispensers at all times. Revise the interior
building layout accordingly.
4. Minnesota fire code 2304.2.5 requires communications from the attendant to people at the
dispensers at all times. The current system does not meet this requirement and the new
system must meet this requirement.
5. No 24-hour fueling will be conducted until all requirements from the Minnesota state fire
code are met.
6. All attendants must have a current Class C certification on site from MPCA.
7. Fire department connection must be located near main entrance.
8. A recessed mounted fire department lock box will be required by main entrance. Contact
fire inspector with requirements and how to purchase from the city web site.
9. Fire sprinkler system must be monitored by a fire panel that will require a UL certificate. If
main fire panel is not located near main entrance than a key activated annunciator panel
will be required.
10. Provide a fire hydrant on island located in front of building.
11. Provide 12-inch-high address numbers on the 36th Avex Side of building. Must be visible
from 36th Avenue.
12. Provide fire flow calculations to fire inspector.
13. Identify water main location.
14. Fire inspector shall locate fire lane signs for site. Please contact the fire inspector to
confirm/approve locations of fire lane signs.
14. All construction parking shall be located on-site.
15. A stormwater maintenance agreement will be required.
16. All rooftop and mechanical equipment shall be screened as required by section 21130.05 of the
zoning ordinance.
17. Silt fence shall be installed prior to any grading or construction on the site.
18. Fire lane signage shall be provided in locations to be field identified by the fire inspector.
19. All new and repaired drive aisles and fire lanes shall be constructed to minimum standards and
approved by City Fire Inspector.
20. Standard Conditions:
Resolution 2023-176
File 2023009
Page 5
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. Separate building permits are required for retaining walls 48 inches in height or higher.
Additionally, a minimum 42-inch-high fence shall be installed at the top of retaining walls that
exceed four feet in height.
d. Compliance with the city’s lighting regulations.
e. All signage shall require separate permits and shall be in conformance with the sign regulations
in section 21155 of zoning ordinance.
f. Compliance with city’s landscaping regulations.
g. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
21. The conditional use permit, site plan amendment, 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.
APPROVED by the City Council this 27th 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 27, 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
_______________________.
__________________________________
City Clerk