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HomeMy WebLinkAboutCity Council Resolution 2004-490CITY OF PLYMOUTH RESOLUTION 2004-490 APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND INTERIM USE PERMITS AT PLYMOUTH PLAZA SHOPPING CENTER AT 1455 COUNTY ROAD 101 (2004113) WHEREAS, Minnesota School of Business has requested approval of a conditional use permit amendment to increase their student enrollment and interim use permits to allow reduced parking and joint parking for their trade school facility on property legally described as follows: PARCEL 1 Lot 1, Block 2, SCHIEBE' S OAKWOOD, Hennepin County, Minnesota PARCEL 2 That part of vacated County Road No. 6 as described in the recorded plat of SCHIEBE' S OAKWOOD, described as follows: Beginning at the intersection of the North line of Lot 1, Block 2, in said plat, and the West line of the East 70 feet of the Southeast Quarter of Section 30, Township 118, Range 22; thence Westerly and Northerly along the Northerly and Easterly lines of said Lot 1 to the intersection with a line drawn parallel with and 60 feet South from the survey line as delineated on Hennepin County Highway Plat No. 5, according to Document No. 976842, Files of the Registrar of Titles; thence Easterly along said parallel line to a point distant 35 feet Westerly, measured along said parallel line, from the intersection with said West line of the East 70 feet; thence Southeasterly to a point on said West line distant 35 feet Southerly, measured along said West line, from the intersection with said parallel line; thence Southerly along said West line to the point of beginning. Resolution 2004-490 (2004113) Page 2 of 3 WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by the Minnesota School of Business for a conditional use permit amendment to increase student enrollment and interim use permits for reduced parking and joint parking for property located at 1455 County Road 101, subject to the following conditions: 1. A conditional use permit amendment to increase student enrollment and interim use permits for reduced parking and joint are approved for the existing trade school facility at 1455 County Road 101 is approved, in accordance with the application and plans received by the City on August 24, 2004, except as amended by this resolution. 2. Student enrolment shall not exceed 1,410 students. 3. An interim use permit is approved to reduce the number of required parking spaces from 750 to 522, subject to approval of the interim use permit for joint parking and according to the application and plans received by the City on August 24, 2004, except as amended by this Resolution. 4. The applicant shall submit a legally binding written consent and agreement executed by the Minnesota School of Business and the Messiah United Methodist Church. The consent and agreement shall permit joint use of 106 off street parking stalls for the school on the church property. The consent and agreement shall be approved as title for both parties, approved by the City Attorney, and recorded at the Hennepin County Recorder or Registrar of Titles. 5. The interim use permit for reduced parking shall terminate if staff documents a parking problem associated with inadequate parking. 6. The interim use permit for joint parking between the school and the church shall terminate if the uses change. 7. Separate building permits are required for any interior building modifications. 8. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 9. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. Resolution 2004-490 (2004113) Page 3 of 3 10. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction 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 21015.07 of the Zoning Ordinance. ADOPTED by the City Council on November 23, 2004. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on November 23, 2004 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