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HomeMy WebLinkAboutCity Council Resolution 2005-296CITY OF PLYMOUTH RESOLUTION 2005-296 APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR QUANTUM DEVELOPMENT FOR THE PROPERTY LOCATED AT 12325 STATE HIGHWAY 55 (2005077) WHEREAS, Quantum Development, has requested approval of a conditional use permit amendment, for property legally described as: All that part of the North One Half of the Northwest Quarter of Section 35, together with all that part of the South One Half of the Southwest Quarter of Section 26, Township 118, Range 22, Hennepin County, Minnesota lying South and Southwesterly of the Southerly right of way line of County Road Number 6 and South and Southwesterly of the Southerly right of way line of State Think Highway Number 55 described as follows. Beginning at the point of intersection of the Southwesterly right of way line of County Road No. 6 and the South line of said Section 26; thence Northwesterly along said Southwesterly right of way line 496.62 feet; thence Southwesterly at right angles with said Southwesterly right of way line 614.03 feet; thence Southeasterly at right angles 296.94 feet; thence Northeasterly at right angles 300 feet to the South line of said Section 26; thence East along the South feet to the South line of said Section 26; thence East along the South line of Section 26 372.14 feet more or less to the point of beginning. Also That part of Lot 1, Block 5, BEACON HEIGHTS FIRST ADDITION, Hennepin County, Minnesota which lies Northwest of a line running from a point the northeasterly line of said Lot 1, distant 5.50 feet southeasterly from the northeast corner thereof to a point in the southwesterly line of said Lot 1, distant 175.00 feet southeasterly from the northwest corner thereof. Resolution 2005-296 File No. 2005077 Page 2 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 Quantum Development for a conditional use permit amendment to repeal existing conditions of approval in resolutions 91-360, 91-361, 92-340, and 93-457 and be set forth in the following resolution, subject to the following conditions: I. A conditional use permit is approved to allow a K-12 and private day care/ nursery school to operate from the facility located at 12325 State Highway 55 as well as to allow for the use of the gymnasium and storage space by Wayzata Public Schools, in accordance with the application materials received by the City on June 22, 2005 and July 1, 2005, subject to the conditions listed below. 2. The K-12 school and nursery/day care will have maximum combined enrollment of 390; in which a maximum of 150 students are allowed at one time in the nursery/day care and a maximum of 50 students are allowed in grades 10-12. Modifications to the student enrollment levels shall not be allowed without the approval of a Conditional Use Permit Amendment. Prior to the operation of grades 10-12, the facility shall meet all applicable Minnesota State and City requirements in regards to the on site facilities, including but not limited to parking and playfields. 3. The site shall be maintained in a sanitary manner. 4. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 5. Hours of operation shall be limited to; a. K-12 — 8:00 a.m. to 5:00 p.m. week days with extended hours for indoor extracurricular activities only. b. Gymnasium and Storage Space — 8:00 a.m. to 10:00 p.m., Daily. c. Day Care/Nursery School — 6:00 a.m. to 6:00 p.m. week days. 6. No variances from any City ordinances or code standards regarding this use are granted or implied by this action. 7. All waste and waste containers shall be stored within approved designated areas. 8. Signage relative to the uses shall be per ordinance and shall be subject total signage permitted for the building as applied for by the property owner. 9. Compliance with all state educational facility requirements, as well as City zoning and building code requirements. Resolution 2005-296 File No. 2005077 Page 3 10. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 11. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 12. This permit shall automatically renew and be transferable in accordance with Minnesota State Statutes 462.3595. ADOPTED by the City Council on August 9, 2005. 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 August 9, 2005 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