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.
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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.
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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.
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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.
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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