Loading...
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 7 • Resolution 97- 294 (97040) Page 2 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. • Resolution 97- 294 (97040) Page 3 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. • 1 C Resolution 97- 294 (97040) 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 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