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)
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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.