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HomeMy WebLinkAboutPlanning Commission Packet 12-14-1988CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE December 6, 1988 COMMISSION MEETING DATE: December 14, 1988 FILE NO.: 88144 PETITIONER: Timothy C. Johnson/Subway Restaurant REQUEST: Conditional Use Permit to Occupy a portion of the "Clock Tower Square" structure with a Class II Restaurant LOCATION: Southwest corner of I-494 and County Road 9 GUIDE PLAN CLASS: CS (Service Business) ZONING: MPUD 78-1 BACKGROUND: By Resolution No. 87-153, the City Council approved a Site Plan and Conditional Use Permit for a retail center known as "Clock Tower Square". That approval action provided for a Conditional Use Permit to be issued for approximately 4,000 square feet of the approved Site Plan to include "a fast food restaurant". No specific fast food restaurant was mentioned, but all parking and related calculations for the Site Plan were based on a fast food Class II) restaurant occupying approximately 4,000 square feet of the building. In addition, Strgar-Roscoe completed a traffic study covering this development that assumed a fast food (Class II) restaurant of slightly over 4,000 square feet to be within this building. All site approvals and the original Conditional Use Permit were based on this assumption. Notice of this public hearing has been published in the Official City Newspaper and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. Actual occupancy of the "fast food area" of the Clock Tower Square building by the Dairy Queen only used up slightly under 3,000 square feet of the 4,000 square foot space that was approved for that Conditional Use Permit. That space has remained vacant and now the Petitioner proposes to use up the "balance" of the fast food space of the Clock Tower Square building for a second Class II restaurant - Subway Restaurants. We do not believe the original Conditional Use Permit anticipated more than a single fast food restaurant at this location. 2. Quantitative impact of the Subway Restaurant proposal to occupy the balance of the original "fast food" space of this structure is no different than would be the case if a single fast food tenant occupied the Staff Report (88144) December 6, 1988 Page 2 entire 4,000 square feet. With respect to parking and other related quantitative matters, the sum of the two is no different than if it were a single restaurant. The parking calculations remain the same and the signage must comply with the Ordinance/approved sign program for this building. 3. The Zoning Ordinance specifies that the Planning Commission, in its consideration of a Conditional Use Permit, address six specific criteria in its findings. We have attached a copy of the Ordinance language with respect to the criteria that must be addressed. The Petitioner, in his letter dated December 1, 1988, has briefly addressed some of those criteria. PLANNING STAFF COMMENTS: 1. There is no quantitative difference between a single Class II restaurant occupying the subject space, and two Class II restaurants occupying the same space as is now proposed. 2. The proposed Subway Restaurant at this location responds to the six Conditional Use Permit criteria of the Zoning Ordinance. RECOMMENDATION: We hereby recommend adoption of the draft Resolution for approval that is attached. Submitted by: arles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution of Approval 2. Location Map 3. Building Layout Sketch 4. Petitioner's Letter of December 1, 1988 5. Resolution No. 87-153 6. Conditional Use Permit Criteria CONDITIONAL USE PERMIT APPROVING A CONDITIONAL USE PERMIT FOR TIMOTHY C. JOHNSON FOR A CLASS II RESTAURANT AT 4000 ANNAPOLIS LANE (88144) WHEREAS, Timothy C. Johnson has requested a Conditional Use Permit for a Class II Restaurant to operate a Subway Restaurant located at 4000 Annapolis Lane; and, 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 for Timothy C. Johnson for a Conditional Use Permit for a Class II Restaurant to operate a Subway Restaurant located at 4000 Annapolis Lane, Plymouth, Minnesota, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to Timothy C. Johnson as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. Any signage shall conform with the City Ordinance standards and the approved master sign plan. 5. The permit shall be renewed in one year to assure compliance with the conditions. 6. A copy of the current State license shall be provided prior to issuance of the Permit and shall be kept on file with the City. 7. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance. 8. All parking shall be off-street in designated areas which comply with the Zoning Ordinance and the approved Site Plan. 9. All waste and waste containers shall be stored within the structure and no outside storage is permitted. res2:88144) OF I AL E fm OF I AL E FABYANSKE, SVOBODA, WESTRA & DAVIs VIA MESSENGER Mr. Blair Tremere City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Conditional Use Permit by Subway Restaurants, Inc. Dear Mr. Tremere: The purpose of this correspondence is to supplement the application for a conditional use permit that was recently submitted on behalf of Subway Restaurants, Inc. for the operation of a "Subway" fast food restaurant in the shopping center located at 4000 Annapolis Lane. We are counsel to the developer of the center. Enclosed please find a list, and mailing labels for, all current owners of record within 500 feet of the boundaries of the property. With regard to the nature of this request, it pertains to a fast food" restaurant of approximately 1,264 square feet specializing in submarine sandwiches and salads. All necessary parking and ingress and egress is available at the site, and the use is fully consistent with the enjoyment of other properties in the immediate vicinity. Indeed, the utilization of this portion of the shopping center as a "fast food" restaurant was specifically contemplated in both the design of the project and by the Council in its approval of the conditional use permits issued in connection with the center's construction. Thank you for your assistance in connection with this application. Very tr ly yours, G y Eidson Enclosures cc: Mr. Tim McShane A PROFESSIONAL ASSOCIATION M.T. FABYANSKE KEVIN V. ELLIS GERALD L.SVOBODAG VIN GE lT W. KING KYl HARTMARKW.WESTRA 1300 MINNESOTA WORLD TRADE CENTER ROBERT L. DAVIS THIRTY EAST SEVENTH STREET A ItY FI . ALBRECHT MARK C. PETERSON SAINT PAUL, MINNESOTA 55101 GORDON I. GENDLER JEREMIAH J. KEARNEY TELEPHONE 612-226-0116 FD`L MARK J. KALLA ROBERT J. HUBER TELECOPIER 612-228-0734 2 O JOHN R. MGDONALDI„ 3a JAMES F.CHRISTOFFEL THOMAS R. OLSON LLOYD ANDERSON JJi I JUDITH E. KROWSCOTT THOMAS L. BIRD 1150 INTERNATIONAL CENTRE SOIITIi rlr (I', L YA. R. HART 920 SECOND AVENUE `}.-. M. EDWARD. CHRISTOPHER A. ELLIOTT 1"w_.jrtr -, f'..."'77T MARY M. BIERKAMP MINNEAPOLIS, MINNESOTA 55402 41 feyr1 EN A. MELCHER JEFFREY C. PAULSON TELEPHONE 612-336-0115 R^^I,CM,ARO G.JENBEN PAUL L. RATELLE TELECOPIER 612-338-3057 THOMAS J.TUCCI DEAN B.THOMSON KEVIN R. PROHASKA CHARLES G. CARPENTER IIIGARYC. EIDSON gypDecember1, 1988 REPLY TOt Minneapolis VIA MESSENGER Mr. Blair Tremere City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Conditional Use Permit by Subway Restaurants, Inc. Dear Mr. Tremere: The purpose of this correspondence is to supplement the application for a conditional use permit that was recently submitted on behalf of Subway Restaurants, Inc. for the operation of a "Subway" fast food restaurant in the shopping center located at 4000 Annapolis Lane. We are counsel to the developer of the center. Enclosed please find a list, and mailing labels for, all current owners of record within 500 feet of the boundaries of the property. With regard to the nature of this request, it pertains to a fast food" restaurant of approximately 1,264 square feet specializing in submarine sandwiches and salads. All necessary parking and ingress and egress is available at the site, and the use is fully consistent with the enjoyment of other properties in the immediate vicinity. Indeed, the utilization of this portion of the shopping center as a "fast food" restaurant was specifically contemplated in both the design of the project and by the Council in its approval of the conditional use permits issued in connection with the center's construction. Thank you for your assistance in connection with this application. Very tr ly yours, G y Eidson Enclosures cc: Mr. Tim McShane L111 VI ILIIIVV I. Pursuant to due call ane, ..otice thereof, a regular meet,llq of the City Council of the City of Plymouth, Minnesota, was held on th day of March , 1987. The following members were present: Mayor SchneiderTounciimembers Crain, S1 at Vasfliou, and Zitur The following mem ers were absent:—none sem rr rrr Councilmember Zitur introduced the following Resolution and moved Its adoption: RESOLUTION NO. 87-153 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR A RETAIL CENTER FOR CROW -PLYMOUTH LAND LIMITED PARTNERSHIP IN CLOCKTOWER SQUARE (86139) WHEREAS, Crow -Plymouth Land Limited Partnership has requested approval of a Site Plan and Conditional Use Permit for a Retail Center including a fast food restaurant, on Lot 1, Block 1, Plymouth Business Center 4th Addition, south of County Road 9 and northeast of Annapolis Lane; and, WHEREAS, the Planning Commission has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THF: CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Crow -Plymouth Land Limited Partnership for a Site Plan and Conditional Use Permit for Clocktower Square Retail Center which includes a fast food restaurant, on Lot 1, Block 1, Plymouth Business Center 4th Addition, south of County Road 9 and northeast of Annapolis Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage and pavinq costs and according to the Dedication Policy in effect at the time of Buildino Permit issuance. 3. Provisions for a 20 -ft. wide trail outiot along County Road 9 and a 30 ft. easement along I-494 per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City standards. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. Any signage shall be in compliance with the Ordinance and sign program for this development. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. All waste and waste containers shall be stored within the structure and no outside storage is permitted. PLEASE SEE PAGE TWO r Page two Resolution No. 87-153 8. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 9. Access shall be limited to internal public roads and prohibited from County Road 9. 10. Appropriate legal documents as approved by the City Attorney, shall be recorded on the property allowing for shared driveways and establishing that 25 required parking spaces are located on Lot 29 Block 1, Plymouth Business Center 4th Addition and legally encumbered for this parcel. The motion for adoption of the foregoing Resolution was duly seconded by Councllmember Sisk , and upon vote being taken thereon, the following vote2 In favorthereof: Mayor Schneider, Councilmembe_r_s Crain, Sisk, Vasilioul and Zitur The rollowinq voted against or abstained: none Whereupon the Resolution was declared duly passed an a opted. SeCTIVt1 Cot,dXorta 64S e Pe/'*M7 Crr'rerla 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be inju to the use and and enjoyment of other property in the immediateiity for the purposes already permitted, nor substantially diministimpair property values within the neighborhood. 4) The establishment of the conditionalwill not impede the normal and orderly development and improvementsurrounding property for uses permitted in the District. 5) Adequate measures have been or will Oen to provide ingress, egress, and parking so designed as to minimWfic congestion in the public streets. 6) The conditional use shall, in all otEspects, conform to the appli- cable regulations of the district in it is located. THOMIAS W. LEVERENZ 14005 ROCKFORD ROAD P.O. BOX 41156 PLYIIOUT[Ir I1N 55441 612) 559-3105 December 6, 1958 City of Plymouth Community Development 3400 Plymouth Blvd. Plymouth, rIN 55447 Attn: Charles E. Dillerud RE: Trammel Crow Company Request for Conditional Use Permit - Co. Rd. 9 & Annapolis Lane Dear Mr. Dillerud: Over the years many changes have been made to the composition of the land east of our home by a variety of developers and investors. with each proposed change promises of limitations and restricted uses are made by the developers, and suggestions of concern for the residents of the area are made by the Plymouth City Council, the Planning Department, and staff. An example of this is the suggestion by one developer that a PDQ be allowed to operate at the interesection of Co. Rd. 9 and Annapolis Lane, however, hours would be restricted to 6:00 a.m. to 10:00 p.m.. As you know, this store somehow gained approval to pump gas and sell goods 24 hours a day, 365 days a year; a concept which we find to be unacceptable considering the "hype" with which the initial stages of the development were sold to neighboring residents. Now we are being asked to accept a proposal by the developer to allow an addition of another fast food restaurant in the same development (although the name has changed again). As it has been described to us, the developer originally applied for 3900 square feet of space to be used for one "fast food" restaurant, meaning a facility with carry -out capabilities. The Dairy Queen satisfied this limitation, however, it took only 3,000 square feet, a circumstance allowed and endorsed by the developer. Charles Dillerud December 6, 1988 page two The question we have is this: Does one conditional use permit for a fast food restaurant mean that it is permissible to squeeze two into the alloted square footage and scrap the original promises and comforting hints of "limited use" which were made to area residents to gain approval for the reguiding of this land in the first place, or does it mean that the developer must accept the consequences of under -leasing the square footage he originally planned? Back when Criterion Fomes applied for the reguiding of land east and south of what is now Annapolis Lane, we expressed concern for the area due to the anticipated substantial increase in traffic and noise pollution. we even suggested that a more comprehensive analysis be made of the impact such reguiding might have on the existing residences, and that such an analysis should be considered before allowing any development in the Criterion M.P.U.D. with an eye toward possibly incorporating the existing residences between Annapolis Lane and Fernbrook Lane into the overall plan of the area. This suggestion went nowhere, and the result has been a mess. As the Community Development Coordinator, surely you are aware of the considerable problems associated with traffic along the Co. Rd. 9 corridor west of Interstate 494. A traffic light is being installed at Fernbrook Lane and Co. Rd. 9, however, this only addresses a part of the problem; mainly the reduction of accidents at this intersection. We are told that the County now intends to "improve" Co. Rd. 9 west of 494 in the summer of 1990. "Improvement" in this case means to widen the road and allow for increased traffic. Please! Before making any reccommendation to the City Planning Commission or the City Council for approval of Charles Dillerud December 6, 1988 page three an additional conditional use permit for any developer in the Rockford Square Center, look at the potential impact on surrounding properties. Consider what is to be done with them before going any further. Require, if necessary, that the ingress and egress problems of the residential units along Co. Rd. 9 be considered before allowing one further concession to the commercial interests in this area! For once let the safety and peace of mind of your existing residents be the determining factor in how you make your reccommendationl We plan to attend the meetings regarding the request by Trammel Crow as we have tried to do in the past. Also, by copy of this letter to Trammel Crow we would like to think that they will at least approach some of the impacted parties to their request before proceeding further. Hopefully they will withdraw their request until additional studies can be conducted and a more comprehensive plan for the area can be made to accomodate the citizens on Co. Rd. 9. Thank you for you onsideration of our concerns. Sinc ely your , Thomas 11. Leverenz Marilyn H. Leverenz CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE December 5, 1988 COMMISSION MEETING DATE: December 14, 1988 FILE NO.: 88117 PETITIONER: Prime Development Corporation REQUEST: Amendment of Site Plan and Conditional Use Permit to enlarge Day Care Center within the Prime West Business Park LOCATION: Southwest corner of Revere Lane and 6th Avenue North bounded on the south by State Highway 55) GUIDE PLAN CLASS: CL (Limited Business) ZONING: B-1 (Office Limited Business) BACKGROUND: By approval of Resolution No. 88-745, the City Council, on October 24, 1988 approved a Site Plan and Conditional Use Permit to construct a Day Care Center of 5,890 square feet on this site. The Site Plan indicated a possibility for an expansion to the basic Day Care Center "in the future". Notice of this Public Hearing was published in the Official City Newspaper and mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The Applicant proposes a Site Plan and Conditional Use Permit to allow the expansion of the previously approved Day Care Center by 2,304 square feet. The resulting structure will have a total of 8,194 square feet on a site of 43,560 square feet. The proposal also involves additional parking of 13 spaces. 2. This site is located in the Bassett Creek Watershed but contains no flood plain; is not within any Shoreland Management Overlay District; contains some wetland; contains no woodland; exhibits no slopes over 12%; is not in an area of agricultural capability; and contains soil suitable for urban development with public sewers. It should be noted that the overall Prime West Development site does contain numerous areas of questionable soil. Adequate measures to stabilize future development sites will likely be necessary. 3. The proposed Site Plan is responsive to the provisions of the Zoning Ordinance and City Policy related to the construction in the B-1 Zone. Specifically, the Site Plan provides for adequate parking; proposes Staff Report (88117) December 5, 1988 Page 2 landscaping consistent with the City Landscape Policy; exhibits signage allowable in the B-1 Zone; proposes a trash enclosure consistent with the Zoning Ordinance Design Standards; presents no rooftop mechanical equipment in need of screening; and meets all parking lot design requirements including handicap facilities. 4. Proposed is the addition of 13 constructed off street parking spaces in addition to the 19 off street parking spaces that have been approved for construction previously. These 13 "new" spaces represent "excess" over and above what the Zoning Ordinance would normally require based on 4 spaces per classroom for this type of facility. This proposal appears to acknowledge a concern by the Planning Commission with off street parking adequacy during the hearings with regard to the original structure. The resulting parking configuration is for 32 spaces to be constructed in total (18 required to be constructed per the Zoning Ordinance standards), and 10 additional shown as "proof of parking". The 42 total parking spaces meets an overall office use parking requirement for a structure of this size of 41 spaces. The Zoning Ordinance does permit the provision of off street parking spaces on an adjoining lot, as proposed by this plan. Section 10, Subdivision B, Paragraph 5 c). 5. The proposed structure addition is to be of the same cedar and brick appearance as the original structure design. That architectural treatment is responsive to the provisions of the City Policy with respect to architectural compatibility with the surrounding neighborhood. 6. The Planning Commission is directed by the Zoning Ordinance to address the Conditional Use Permit with respect to six criteria. We have attached a copy of the Zoning Ordinance criteria upon which all Conditional Use Permits must be based. The Petitioner, by his submission of November 11, 1988, has responded to those criteria. PLANNING STAFF COMMENTS: 1. The Site Plan as proposed is responsive to all related City Ordinance and Policy criteria. No Zoning Ordinance Variances are requested. 2. The Conditional Use Permit request responds positively to the six criteria of the Zoning Ordinance related to Conditional Use Permit issuance. Specifically, a Day Care Facility expansion at this location would appear to be particularly well located, based on the extensive commercial and office development contemplated in this northwest quadrant of County Road 18 and State Highway 55. Staff Report (88117) December 5, 1988 Page 3 RECOMMENDATION: The attached draft action providing for the approval of the Site Plan and Conditional Use Permit is recommended for approval. i Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution Approving Site Plan and Conditional Use Permit 2. Engineer's Memo 3. Location Map 4. Resolution No. 88-745 5. Petitioner's November 11, 1988 submission 6. Conditional Use Permit criteria 7. Large Plans staffreport:88117) APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR PRIME DEVELOPMENT CORPORATION (88117) WHEREAS, Prime Development Corporation has requested approval of a site Plan and Conditional Use Permit for an expanded Day Care Center to be located at the southwest corner of Revere Lane and 6th Avenue North; and, 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 for an Amendment to a Site Plan and Conditional Use Permit to expand the Day Care Center located at the southwest corner of Revere Lane and 6th Avenue North, by 2,304 square feet, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the , and no outside storage is permitted. 9. An 8-1/2 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. 10. Prior to Building Permit issuance, filing of driveway and off street parking easements, approved by the City Attorney, providing for perpetual access to this parcel across the parcel to the west, as depicted on the Site Plan. 11. A copy of the State license shall be filed with the City prior to issuance of the Conditional Use Permit. A copy of the current State license shall be kept on file in City records. 12. Building Permit issuance shall be subject to issuance and filing with the City of all required State and Federal permits/authorizations. City of P'iymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: December 8, 1988 FILE NO.: 88140 PETITIONER: Mr. Patrick Hagen, Prime Development Corporation, 6442 City West Parkway, Suite 400, Eden Prairie, Mn. 55344 SITE PLAN: ADDITION NEW HORIZON DAYCARE PRIME WEST PARK LOCATION: North of Hwy. 55, west of Revere Lane, south of 6th Ave. in the southeast one quarter of Section 36. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. _ X _ Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) S. X _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. _ X _ All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other 13. _ X _ Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 14. X _ Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. X Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. N/A Yes No 17. _ X 18. _ X _ 19. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 20. X All existing street right-of-ways are required width - Additional right-of-way will be required on 21. X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X 23. _ _ X STANDARDS: Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. Take the word future off original utility plan. Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. See item 22. N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right-of-way. All connections to the water system shall be via wet tap. 25. X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item 22 and 23. 5- SPECIAL CONDITIONS REQUIRED: 27. A. Submitted by: Chester r. Harrison, Jr., E. City Engineer y; CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 24th _ day of October, 1988 The following members were present: MAY ,- c finainP7' Councilmembers Vasiliou Ricker, The following members were absent: None Councilmember Zitur introduced the following Resolution and moved its adoption: RESOLUTION 88- 745 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR PRIME DEVELOPMENT CORPORATION (88117) WHEREAS, Prime Development Corporation has requested approval of a Site Plan and Conditional Use Permit for a Day Care Center to be located at the southwest corner of Revere Lane and 6th Avenue North; and, 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 hereby does approve the request for Prime Development Corporation, for a Site Plan and Conditional Use Permit for a Day Care Center to be located at the southwest corner of Revere Lane and 6th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the enclosure, and no outridP storage is permitted. Resolution No. 88-745 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT File No. 88117 Page 2 9. An 8-1/2 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. 10. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 11. Filing with the Final Plat of driveway easements, approved by the City Attorney, providing for perpetual access to this parcel access the parcel to the west, as depicted on the Site Plan. 12. A copy of the State license shall be filed with the City prior to issuance of the Conditional Use Permit. A copy of the current State license shall be kept on file in City records. 13. Building Permit issuance shall be subject to issuance and filing with the City of all required State and Federal permits/authorizations. 14. A Variance is hereby granted from the requirements of the Fire Code with respect to fire lanes on the east, south and west sides of the structure, per the recommendation and findings of the Fire Inspector. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Srhnaidar j ^^^^ilmomlPra JTaai1roi1, Ri.c-kPrzitur n" Sick The following voted against or abstained NnnP Whereupon the Resolution was declared duly passed and adopted. November 21, 1988 Mr. Blair Tremere CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Blair, This correspondence is in reference to the New Horizon Facility located in Prime West Business Park. Day Care Pursuant to your discussions and agreement with New Horizon, and/ or representatives from New Horizon, I will note the following for the record: The Revised Site Plan Review will be handled on an administrative level. The Conditional Use will require DRC, Planning Commission and City Council action. The Building Permit will be issued for the initial, as well as, the addition, with the following conditions: Prime/New Horizon I Partnership is proceeding forward with the construction of the "Addition" prior to receiving approval from the Planning Commission or City Council on the Extended Conditional Use. Prime/New Horizon I Partnership holds harmless, the City of Plymouth, for any responsibilities or damages in the event the Conditional Use is not approved. We fully understand the risk, and accept responsibility, for the the decision described herein. It is our understanding, that this matter will be heard at the Planning Commission scheduled for December 14, 1988, and barring any unforeseen issues, will be acted upon by the City Council on January 02, 1989. P R M E r Mr. Blair Tremere City of Plymouth November 21, 1988 Page 02 Please contact Tim Murphy if you have any questions regarding this information. Thank you for you help on this matter. PRIME/NEW HORIZON I PARTNERSHIP By: Prime Development Corporation Managing General Partner President cc: Dick Bienapfl - Waterford Tom Weber - Waterford Pat Hagan - Prime Roger Dunekacke - Prime Tim Murphy - Prime COT:tm/mbe P R ! M E SeC IOA CondrTona( (.,?Se PerM,T Gf,Teirla 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be inju to the use and and enjoyment of other property in the immediateiity for the purposes already permitted, nor substantially diministimpair property values within the neighborhood. 4) The establishment of the conditional;vill not impede the normal and orderly development and improvement>urrounding property for uses permitted in the District. 5) Adequate measures have been or will ben to provide ingress, egress, and parking so designed as to minimiaffic congestion in the public streets. 6) The conditional use shall, in all otlespects, conform to the appli- cable regulations of the district in, it is located. it METROPOLITAN COUNCIL Mears Park centre, 230 East Fifth Street, St. Pain, MN, 55101 612 291-6359 December 8, 1988 Virgil Schneider, Mayor City of Plymouth 11520 - 54th Avenue Plymouth, Mn. 55442 Dear Mayor Schneider: Changing personal circumstances have made it extremely difficult for me to continue to make the time commitment required to provide the kind of representation the people of our Metropolitan Council district have come to expect. As a result, I will not be applying for reappointment when my term expires at the end of this year. I have enjoyed my years on the Council a great deal. It has been interesting and rewarding to participate in the discussion and consideration of some of the region's major issues. I have made many fine friends over the years and I hope that our paths will continue to cross in the future. (I am giving up my position on the Council but not my interest and participation in public affairs!) CowN c.t Thank you for the cooperation and courtesy you and your fellow lwarrri members and your staff members have extended to me during my term of service. I would appreciate your sharing this letter with them. Sincerely, L&Af- Josephine Nunn P.S. If you know of individuals who might be interested in serving on the Council, applications are being accepted through December 20th.