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HomeMy WebLinkAboutCity Council Resolution 2006-434CITY OF PLYMOUTH RESOLUTION 2006-434 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCES TO ALLOW THE CONSTRUCTION OF A TACO BELL FOR BORDER FOODS, INC. ON PROPERTY LOCATED AT 9900 ROCKFORD ROAD. (2006088) WHEREAS, Border Foods, Inc. is requesting approval of a site plan, conditional use permit, and variances to allow constriction of a Taco Bell convenience food restaurant with a drive-through service window at 9900 Rockford Road, for property legally described as: Lot 1, Block 2, Debkoco Addition, Hennepin County Minnesota 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 Border Foods, Inc. for a site plan, conditional use permit, and variances for property located at 9900 Rockford Road, subject to the following conditions: 1. A site plan is approved to allow constriction of a Taco Bell convenience restaurant, in accordance with the application and materials received by the City on August 31, 2006, and revised plans received by the City on October 3 and 6, 2006, except as amended by this resolution. 2. The conditional use permit to allow a convenience food restaurant with a drive-through service window is approved with the findings that the proposed use meets the general standards listed in the Zoning Ordinance as follows: a. The property is guided Commercial and zoned C-3 (highway Commercial). Use of a C-3 property for a convenience food restaurant is consistent with the guidelines and criteria for highway commercial development in the Comprehensive Plan. The subject site's location Resolution 2006-434 File No. 2006088 Page 2 on the service road for Rockford Road provides the access and visibility appropriate for a vehicle -oriented business. b. Approval of the conditional use permit would not be detrimental to the public health, safety, morals or comfort. The C-3 district is intended to provide a commercial area that is oriented to the motorists and requires a high volume of traffic. The adjacent properties to the east and west are similarly zoned and developed. The site is currently occupied by a carwash business (now closed) that had a potential of high customer volume and rapid vehicle flow. The change to a convenience food restaurant with a drive-through would not present a significant change to the anticipated traffic flow in the area. c. The site is adequately served by public facilities. d. The proposed site plan and use would be consistent with all regulations and standards for the C-3 zoning district. e. The proposed site plan and use would be consistent with the performance standards for convenience food restaurants as listed in Section 21465 of the Zoning Ordinance. 3. Variances to allow signage on two walls (a maximum of 32 square feet on each wall to include one sign saying "TACO BELL" and one logo -type bell, as shown on the plans) and allow one 37 -square foot menu board (with no preview board) are approved subject to the findings that the standards listed in the Zoning Ordinance have been met. 4. No alcohol shall be served or sold on site. 5. The restaurant operators 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 convenient locations on the site to facilitate litter control. 6. Separate permits are required prior to demolition of the existing building and construction of the new building. 7. Prior to issuance of a building permit, the plans shall be revised consistent with the Zoning Ordinance, City Code or the Engineering Guidelines (as may be applicable) and as follows: a. The applicant shall submit copies of permits from 1) the State of Minnesota and Hennepin County as may be required for food storage, preparation and service; 2) Bassett Creek Watershed District; 3) NPDES; and 4) DNR as may be applicable for dewatering at the sanitary sewer connection. b. The applicant shall submit a revised lighting plan consistent with Section 21105.06 and the number of fixtures shown on the elevations. c. Execute a site improvement performance agreement and submit the required financial guarantees pursuant to Section 21045.10 of the Zoning Ordinance. d. The landscaping plan shall be revised to show 25 percent of the overstory trees as coniferous. (Exchange one deciduous tree for a coniferous.) e. Revise the plans to indicate a consistent curb line at the rear exit from the parking area into the shared drive on the west side of the site. Resolution 2006-434 File No. 2006088 Page 3 f. Submit turning radius evaluations for turns in all directions on the shared drive and all internal drive aisles, except the west drive-through lane. Fire apparatus cannot come into contact with curbing, vehicles, or into parking spaces or past the face of curbs. g. Revise the plans to indicate the fire department connection and lock box in approved locations at the main entry door. h. Revise the plans to indicate fire lane signage in approved locations. i. Submit copies of the cross easement agreements for unobstructed access and water supply between the property owner and the owner of the property to the immediate west. j. Submit fire flow calculations flowing the new hydrant at 20 psi residual pressure. k. Any additional development on this site will require a water quality pond designed to meet N [_]RP standards. 1. On page C-2 identify and clearly label the parking lot curb cuts and provide the detail on this page. m. Revise the HWL of the existing pond on the north side of the property to elevation 900.0, instead of 894.86 as indicated on the grading plan. n. The infiltration trench shall have a minimum of 500 two-inch plugs in combination with seed mix. If seed mix is not used, 1,500 two-inch plugs are required. Include a planting schedule of the type of plugs and seed mix that will be used. o. Page C-2 under Pollution Prevention note number 3, a trick washing station is indicated. Show and label the location on the plan or remove the note from the plan. p. The proposed sanitary sewer manhole shall include an outside drop in accordance with City of Plymouth Standard Plate No. SS -5. 8. The installation of signage is subject to separate permits, and no variances are granted or implied. 9. The site shall be subject to the requirements of the C-3 district and no variances are granted or implied, except as noted above. 10. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 11. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 12. 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, 21045.09 and 21030.06 of the Zoning Ordinance. ADOPTED by the City Council on November 14, 2006. Resolution 2006-434 File No. 2006088 Page 4 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 November 14, 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