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HomeMy WebLinkAboutCity Council Resolution 2012-285CITY OF PLYMOUTH RESOLUTION No. 2012-285 A RESOLUTION APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND FINAL PLAT FOR A GAS/CONVENIENCE STORE AT THE NORTHEAST CORNER OF COUNTY ROAD 47 AND VICKSBURG LANE (2012061) WHEREAS, Amcon Constriction Company, LLC has requested approval of a site plan and conditional use permit to allow constriction of a new SuperAmerica gas/convenience store with accessory car wash at the northeast corner of County Road 47 and Vicksburg Lane, within the Taryn Hills commercial area; and WHEREAS, Amcon Constriction Company, LLC has requested approval of a final plat to replat the subject parcel from an outlot to a lot/block status; and WHEREAS, the subject property is presently legally described as follows: Outlot B, Taryn Hills Commercial Second Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, together with the appurtenant easements contained in that certain Declaration of Easements, Covenants, and Restrictions dated August 8, 2008, filed August 11, 2008, as Document No. 4520775. Being registered land as is evidenced by Certificate of Title No. 1321163. WHEREAS, subject parcel would be replatted as Lot 1, Block 1, Taryn Hills Commercial Third Addition; and WHEREAS, the Planning Commission has reviewed the proposal 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 Amcon Constriction Company, LLC for a site plan, conditional use permit, and final plat to allow constriction of a new gas/convenience store with accessory car wash at the northeast corner of County Road 47 and Vicksburg Lane, subject to the following conditions and findings: 1. The proposal is hereby approved, in accordance with the application and plans received by the City on July 25, 2012, and revised plans received by the City on August 24, 2012 and August 27, 2012, except as may be amended by this resolution. Resolution 2012-285 (2012061) Page 2 2. The conditional use permit requested to allow a gas/convenience store in the C-2 zoning district is hereby approved (with hours of operation limited from 6 AM to 11 PM) based on the finding that all applicable conditional use permit standards would be met. 3. Prior to issuance of building permits, the following items shall be completed: a. The final plat shall be recorded with Hennepin County. b. The applicant shall submit a site improvement performance agreement and related financial security for completion of site improvements, as required by the city. c. The applicant shall obtain the necessary permits and approvals as follows: Elm Creels Watershed Commission (for grading and erosion control) and NPDES. d. The applicant shall demonstrate compliance with the city's noise regulations for the car wash and vacuum operations. e. The applicant shall pay the following charges and fees: a. Watermain area charge, in accordance with the charges in effect at the time of building permit issuance (current amount would be $6,380.64). b. Sanitary sewer area charge, in accordance with the charges in effect at the time of building permit issuance (current amount would be $1,720.32). c. Park dedication fee in lieu of land dedication, in accordance with the dedication ordinance in effect at the time of building permit issuance (current amount would be $13,440). 4. Prior to issuance of building permits, the applicant shall revise the plans, as follows: a. The applicant shall install a short segment of sidewalk in the southeast corner of the Foundation Hill site in order to complete the internal walkway system. The plans shall be revised accordingly. b. Landscaping plan: The accessory vacuum shown in the southwest portion of the site shall be screened to the south and west with plant materials that provide year-round screening. c. Fire protection plan 1) Fire lane signage is required on drives and locations not designated as parking, in locations as approved by the Fire Inspector. 2) Turn radius evaluations must be reviewed and approved by the Fire Inspector. 3) An approved solenoid valve is required on the combination fire/domestic water supply to the building. 4) Submit fire flow calculations for review and approval by the Fire Inspector. 5) Address signs are required in locations as approved by the Fire Inspector. Resolution 2012-285 (2012061) Page 3 d. Lighting plan: The lighting plan must indicate compliance with the lighting ordinance, including the requirement that lighting levels be reduced by at least 50 percent during non-operating hours. 5. The drive aisle connecting the site to the west end of the Foundation Hill Montessori site shall be a southbound "one-way" drive aisle from Foundation Hill toward the SuperAmerica site, and shall be indicated with appropriate pavement markings and signed "do not enter" from the south. 6. The owner and operator of the site shall be responsible for litter control within 300 feet of the premises, and shall provide trash receptacles within the pump islands and in other convenient locations on the site (e.g., near the building entrance). 7. A drainage system shall be installed and maintained at the car wash exit in order to prevent ice build up during winter months. 8. Standard Conditions: a. Any signage shall comply with the signage regulations and shall receive prior approval of the appropriate sign permit. b. The applicant shall submit a reproducible 8'/z x 11 inch "as built" fire protection plan prior to the release of any financial guarantees. c. Trash and recycling storage shall be in compliance with the zoning ordinance. d. The site plan and conditional use permit shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under sections 21045.09 and 21015.07, respectively, of the zoning ordinance. e. The final plat shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the applicant, with consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 512 of the city code. ADOPTED by the City Council on September 18, 2012. Resolution 2012-285 (2012061) 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 compared the foregoing resolution adopted at a meeting of the Plymouth City Council on September 18, 2012, 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