HomeMy WebLinkAboutCity Council Resolution 1997-294•
CITY OF PLYMOUTH
RESOLUTION 97 -294
APPROVING SITE PLAN, CONDITIONAL USE PERMIT, INTERIM USE PERMIT
AND TWO VARIANCES, AND DENYING ONE VARIANCE FOR KINDERCARE
LEARNING CENTERS, INC., FOR PROPERTY LOCATED SOUTH OF ROCKFORD
ROAD BETV1'BEN PLYMOUTH BOULEVARD AND VICKSBURG LANE (97040)
WHEREAS, KinderCare Learning Centers, Inc. has requested approval of a Site Plan,
Conditional Use Permit, Interim Use Permit and three Variances to allow construction of
a 10,326 square foot daycare facility on the 3.73 -acus• site property legally described as
follows:
Lot 1 except the westerly 229.90 feet thereof, Block 1. Plymouth Hills 3id
Addition, and the northerly 30.00 feet of Lot 5, Block 1, Plymouth Hills 3'd
Addition, according to the plat thereof on file or record in the office of the
Registrar of Titles. Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval of the Site Plan, Conditional Use Permit, and two of
the requested Variances:
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 KinderCare Learning Centers, Inc. for t, Site Plan, Conditional Use Permit,
Interim Use Permit and two Variances, subject to the following conditions:
1. The Site Plan, Corditional Use Permit, Interim Use Permit and Variances for building
setback and lot coverage allow the construction of a 10,326 square foot daycare
facility, according to the plans received by the City on May 1,1997, except as
amended by this resolution.
2. The Interim Use Permit approves a reduction in the required number of parking
spaces from 66 to 49 based on informatior provided showing that the 49 spaces
would be adequate to sen a the needs of this facility.
3. This resolution approves a Variance to allow the building to be set back 40 feet from
the front lot line \\here the Ordinance specifies a maximum setback of 20 feet, with
the finding that the request meets all the applicable Variance standards, as follows: 1)
the requirement would create a hardship due to the slope in the north portion of the
site of the site: 2) increasing the building setback and reducing the slope of the
driveway to acceptable City standards creates a safer access to the site; 3) the purpose
of the Variance is nor bossed on a desire to inc-ease income potential; 4) the Variance
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would not be detimental to the public welfare or iryurious to adjacent properties; and
5) the Variance would not increase congesticn in the public streets, increase the
danger of fire, or endanger public safety.
4. This resolution approves a Variance to allow the building to cover seven percent of
the lot when the Ordinance specifies a minimum lot coverage of 20 percent, with the
finding that 1) the hardship was created by the City in approving two conflicting
requirements (lot coverage and parking); and 2) daycare uses require more open space
than other uses in order to meet the outdoor play area requirements of the State.
5. This resolution denies a Variance to allow an exterior trash and recycling storage
area, where the Ordinance specifies that such storage must be designed internal to the
principal building. This denial is based on the finding that the applicable Variance
standards cannot be met because no hardship exists, and the site plan could be
modified to locate a trash and recycling storage arra that would meet the Ordinance.
6. All trash and recycling storage containers shall be stored within the building.
7. Prior to issuance of building permits, the applicant shall submit revised plans for stats
review and approval. The revised plans shall indicate compliance with the City
Center requirement that trash storage areas be located internal or integral to the
building.
B. The daycare facility ;hall be licensed by the State.
9. Prior to issuance of building permits, a plan must be provided showing a detail of the
9-612 concrete curb and gutter.
10. The elevation of the sanitary sewer manhole at the northwest comer of the site must
be verified. The original elevation was 974.5, during grading the manhole should
have bc:n raised above the high water elevation of the pond, 976.18. If this is not
done during grading the manhole will have to be raised.
11. This resolution approves a Variance to the Fire Code requirement for fire lane within
50 feet of all sides of the building. subject to the conditions outlined in the Fire
Inspector's Memorandum.
12. if the Fire Inspector determines, based on fire flow calculatio:rs, that another
connection is required at Rockford Road, the watermain shall be jacked under
Rockford Road.
13. Prior to issuance o: building permits, the normal and high water elevation for the
existing pond on the Grading Plan must be noted on the plan.
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14. Prior to issuance of building permits, the plans must indicate a pedestrian ramp at the
existing entranLe on Rockford Road for the sidewalk.
15. Prior to issuance of building permits, a sidewalk detail in accordance with City
standards (i.e. 4" concrete, 4 " class 5 aggregate) must be provided on the plans.
16. Prior to issuance of building permits, the landscape plan shall be revised to relocate
the proposed trees along Rockford Road between the sidewalk and the lot line.
17. Prior to sodding the area around the water quality pond, the applicant shall verify that
the pond, as constructed, meets the volume requirements for treatment.
IS. The permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
19. Standard Conditions:
A. Compliance ith the City Engincer's Memorandum.
B. Compliance %%ith Policy Resolution 79-80 regarding minimum floor
elevations for new structures on sites adjacent to, or containing any open
storm water drainage facility.
C. Submission of required Financial Guarantee and Site Performance
Agreement for completion of site improvements within twelve months of
the date of this resolution.
D. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
E. Compliance Kith all Fire Codes and policies, including those regarding the
location of fire hydrants. fire lanes, and fire lane signage.
F. An 81/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
0. Prior to issuance of building permits, submission and approval of fire flow
calculations.
H. This approval shall expire one year after the date of approval, unless the
property owner or applicant has substantially started construction 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 Section 31045.09 of the Zoning Ordinance.
Adopted by the City Council on May 28. 1997.
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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 compered the forego+.ng resolution adopted at a
meeting of the Plymouth City Council on May 28, 1997, 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