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HomeMy WebLinkAboutCity Council Resolution 2003-434CITY OF PLYMOUTH RESOLUTION 2003-434 REVISING AND REPLACING RESOLUTION 2003-423 APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT FOR FAMILY HOPE SERVICES FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF COUNTY ROAD 101 AND 40TH AVENUE NORTH (2003002) WHEREAS, Family Hope Services has requested approval of a site plan and conditional use permit to allow construction of a 4,839 square foot office building on property legally described as follows: That part of the following three parcels, to be platted as Lot 1, Block 1, Family Hope Addition: The West 193.6 feet of the North 112.5 feet of the South 337.5 feet of the North half of the Northeast Quarter of the Southeast Quarter of Section 18, Township 118, Range 22, according to the United States Government Survey thereof, Hennepin County, Minnesota. That part of the North half of the Northeast quarter of Southeast quarter of Section 18, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of the North half of Northeast quarter of Southeast Quarter of Section 18, Township 118, Range 22; thence East on the South line of said North half of Northeast quarter of Southeast quarter of Section 18, Township 118, Range 22 distant 193.6 feet; thence North and parallel with the West line of said North half of Northeast quarter of Southeast quarter of said section distant 225 feet; thence West and parallel with the said South line distant 193.6 feet to said West line; thence South on said West line distant 225 feet to the place of beginning. Lot 64, Block 2, Cornerstone Commons 3rd Addition, Hennepin County, Minnesota. Resolution 2003-434 (2003 002) Page 2 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 by Family Hope Services for a site plan and conditional use permit for a 4,839 square foot office building at the southeast corner of County Road 101 and 40th Avenue, subject to the following findings and conditions: 1. A site plan is approved to allow construction of a 4,839 square foot building and related site features, in accordance with the plans received by the City on July 21, 2003, except as may be amended by this resolution. 2. A conditional use permit is approved to allow Family Hope Service's "Treehouse" program on the site in accordance with the application received by the City on July 21, 2003, except as may be amended by this resolution. The development shall comply with the standards specified for the P -I zoning district. No variances are granted or implied. 4. Prior to issuance of building permits, the applicant shall provide a lighting plan that complies with City regulations. 5. Prior to issuance of building permits, the applicant shall provide a building elevation plan for staff review and approval, indicating a building design and materials that provide a residential appearance. 6. Prior to issuance of building permits, the applicant shall provide a revised landscape plan that complies with City regulations. Landscape plantings shall be installed between the parking lot and the property north of 40th Avenue. 7. Pursuant to the terms of the purchase agreement, the buyer and seller of the site shall execute and record a Declaration of Restrictive Covenants prior to recording the contract -for -deed. The Declaration of Restrictive Covenants shall prohibit the following uses of the property, as defined by the Plymouth zoning ordinance: a. Liquor, on -sale; b. Antennas not located on a public structure or existing; c. Automobile parking lots as a principal use; d. Correctional facilities and shelters; e. Living quarters; f. Funeral homes and mortuaries; Resolution 2003-434 (2003 002) Page 3 g. Residential shelters; h. Retail commercial activities and personal services; i. Outdoor storage; j. Temporary outdoor promotional and sales activities beyond the confines of the principal building; and k. Gambling, except for raffles. 8. Private driveway access shall be restricted from County Road 101. 9. Demolition and disconnect permits shall be obtained prior to removal of the existing structures on the site. 10. The site shall be re -addressed to use a 40th Avenue address. 11. The building shall be protected by a City approved fire sprinkler system. 12. This resolution approves a variance to the Fire Code requirement for a fire lane within 50 feet of all sides of the building, subject to the conditions listed in the Fire Inspector's Memo dated September 12, 2003. 13. Standard Conditions: a. Compliance with the City Engineer's Memorandum. b. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. c. Location of fire hydrants, Fire Department connection, post -indicator valve, lockbox, and fire lane signage shall be approved by the Fire Inspector. d. Compliance with handicap parking and accessibility requirements. e. Submittal and approval of fire flow calculations prior to issuance of building permits. f. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. g. No building permits shall be issued until the Site Improvement Performance Agreement and has been executed and the required financial guarantees submitted. h. 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 financial guarantees per City Policy. i. This approval shall expire on November 1, 2006, unless the property owner or applicant has substantially started construction of the project or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on October 14, 2003. Resolution 2003-434 (2003 002) 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 October 14, 2003, 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