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HomeMy WebLinkAboutCity Council Resolution 2006-255CITY OF PLYMOUTH RESOLUTION 2006-255 APPROVING A SITE PLAN AMENDMENT AND CONDITIONAL USE PERMITS FOR AN AUTOMOBILE TOWING BUSINESS WITTH OUTDOOR TOW YARD WITH AN 8 -FOOT HIGH FENCE FOR FRANKIE'S TOWING LOCATED AT 5615 STATE HIGHWAY 169 (2006015) WHEREAS, Frankie's Towing is requesting approval of a site plan amendment and conditional use permits to allow a parking expansion for an automobile towing business with an outdoor tow yard and an 8 -foot high fence at 5615 State Highway 169, for property legally described as: The East 515 feet of the South 150 feet of the North 1230.5 feet of the Southeast Quarter of Section 1, Township 118, Range 22, Hennepin County, Minnesota, Except Highway No. 169. 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 Frankie's Towing for a site plan amendment and conditional use permits for property located at 5615 State Highway 169, subject to the following conditions: 1. A site plan amendment and conditional use permits are approved for a parking expansion for an automobile towing business with outdoor tow yard and an 8 -foot high fence in accordance with the application and materials received by the City on March 8, 2006, and revised plans received by the City on April 28, 2006, except as amended by this resolution. 2. Approval of the site plan amendment and conditional use permits are contingent on approval of the zoning ordinance text amendment to allow "Automotive towing business with outdoor tow yard" in the I-2 (General Industrial) and I-3 (Heavy Industrial) zoning districts by conditional use permit. Resolution 2006-255 File No. 2006015 Page 2 of 5 3. The conditional use permit to allow an automobile towing business with outdoor tow yard is approved with the finding that the proposed use meets the specific standards for a towing use as follows: a) The towing business would be located at least five hundred (500) feet from any residential property line. b) Towed vehicles would be parked on a paved surface in conformance with Section 211315 of the Zoning Ordinance. c) Towed vehicles would be located in the rear or side yard, would be screened with materials of 90 percent opacity, and would screen views from adjoining properties and public streets. d) There would be no outside repair or maintenance of vehicles, crushing, stacking, or dismantling of vehicles, or outdoor storage of parts or equipment. e) The applicant would collect any leaking fluids from damaged vehicles in the tow yard. Wrecked vehicles would be immediately covered with a car cover and surrounded with spill kits that are designed absorb leaking vehicle fluids. The fluids would then be transferred to a hazardous waste site for approved disposal. f) All tow tricks and service vehicles related to the business would be parked within the designated towing yard area only. In addition, vehicles stored in the tow yard would be parked in the designated parking stalls identified on the approved site plan for the tow yard. Furthermore, the tow yard would not take up parking space as required for conformity to this Chapter. g) Impounded vehicles would not be located in a tow yard for a period exceeding 90 days, unless a longer time frame is required by a governmental agency. 4. The conditional use permits to allow an automobile towing business with outdoor tow yard and an 8 -foot high fence are approved with the finding that the proposed use and fence meets the applicable general conditional use permit standards, as follows: a) The subject site is guided IP (Planned Industrial). The Comprehensive Plan states that I- 2 uses are consistent with IP (Planned Industrial) guiding. Therefore, provided that the zoning ordinance text amendment is approved, the use of the subject site for a towing business with a towing yard would be consistent with the City's Comprehensive Plan. b) The conditional use permit for an automotive towing business and tow yard and an 8 - foot high fence would not be detrimental to or endanger the public health, safety, morals, or comfort. The tow yard would be screened from all views with an 8 -foot chain link fence with slats at 90 percent opacity. The applicant would also plant vines, trees and shrubs to further screen the tow yard. c) The proposed towing use would not be injurious to the use and enjoyment of immediately surrounding properties nor would it diminish and impair property values within the neighborhood. The site is located in an existing industrial and commercial area and each of the three adjacent uses to this site are automotive businesses. In addition, this site is 605 feet from the closest residential property. Resolution 2006-255 File No. 2006015 Page 3 of 5 d) The surrounding properties are developed and the operation of a towing business with a tow yard would not impede improvement of the surrounding industrial and commercial properties. e) The subject site is adequately served by public facilities, including the roadway network. f) The towing use and 8 -foot fence would comply with the development regulations in the I-2 Zoning district. g) The use is consistent with the performance standards outlined in Section 21015.04 of the Zoning Ordinance. 5. A separate grading permit is required prior to constriction of the parking lot expansion or constriction of the rain garden. 6. Prior to issuance of a grading permit, a site improvement performance agreement and financial guarantee shall be submitted pursuant to Section 21045.10 of the Zoning Ordinance. 7. Prior to issuance of a grading permit, the applicant shall revise the lighting plan in compliance with Section 21105.06 of the Zoning Ordinance. Specifically, the applicant shall demonstrate compliance with the watts per square foot, shielding, and fixture height requirements of the ordinance. 8. Prior to issuance of a grading permit, the plans shall comply with all building code requirements. 9. Prior to issuance of a grading permit, the applicant shall provide the following easements: a. A separate unobstructed access easement from a public road to the rain garden. The easement must be a minimum of 15 feet wide and must not exceed a 15 percent grade. b. A drainage and utility easement for the rain garden up to the 100 -year high water level. 10. Prior to issuance of a grading permit, a rain garden maintenance agreement and parking lot sweeping agreement is required. 11. Prior to issuance of a grading permit, the applicant shall obtain all appropriate permits from the Minnesota Department of Health, Minnesota Department of Transportation for any work in their right-of-way, NPDES, and the City of Plymouth Engineering Department to work in street right of way. 12. Prior to issuance of a grading permit, the applicant shall revise the plans to indicate the following: a. Curb 136-12 is required for the parking lot. b. Provide City detail STRT-I. c. Extend the concrete curb and gutter to the State Highway 169 Frontage Road. Resolution 2006-255 File No. 2006015 Page 4 of 5 d. Provide a commercial driveway apron detail STRT-14. e. Provide a rain garden planting schedule and cross sections. f. The existing well must be capped in accordance with the Minnesota Department of Health. g. Constricted detention ponds should be relied upon to limit runoff to pre - development rates and to control downstream flooding where feasible; natural basins may also be utilized, subject to watershed approval. h. Increased volumes of runoff due to development should be minimized by limiting impervious cover and encouraging infiltration of storm water where soil conditions are appropriate. Submit a description on how this is being done and show on the grading plan. i. The City encourages the use of alternative landscape techniques and materials to reduce rates and volumes of runoff. Submit a description on how this is being done and show on the grading plan. j. Proposed developments must identify all reasonable steps to avoid water quality impacts and mitigate with appropriate best management practices (BMPs), to prevent water quality in receiving waters from falling below established standards. Submit a description on how this is being done and show on the grading plan. 13. A building permit is required prior to constriction of the 8 -foot fence. To ensure stability of the 8 -foot high fence, the applicant shall provide a design that has been approved by a structural engineer showing that the fence will withstand a 90 mile per hour wind. 14. Prior to issuance of a building permit for the 8 -foot fence, the applicant shall verify that the fence materials will achieve 90 -percent or greater opacity. 15. Access is denied to 56'11 Avenue North from the subject property. 16. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 17. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 18. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of 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 21015.07 and 21045.09 of the Zoning Ordinance. Resolution 2006-255 File No. 2006015 Page 5 of 5 ADOPTED by the City Council on June 27, 2006. 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, 2006 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