HomeMy WebLinkAboutCity Council Resolution 2001-216CITY OF PLYMOUTH
RESOLUTION 2001-216
APPROVING A SITE PLAN, CONDITIONAL USE PERMITS AND VARIANCES AND
DENYING A FREESTANDING SIGN VARIANCE FOR GAS N' SPLASH LOCATED AT
11320 HIGHWAY 55 (20173)
WHEREAS, Classic Touch, Inc. has requested approval of a site plan, conditional use permits
and variances to allow development of a motor vehicle fuel sales facility and attendant building
on property legally described as follows:
Parcel A
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118 North,
Range 22 West of the 5th principal meridian described as follows: Commencing at a point on the
North line of said Southeast Quarter of the Northeast Quarter distant 753.32 feet West of the
Northeast corner of said Southeast Quarter of the Northeast Quarter (said North line being
assumed to have a bearing of East for purposes of this description); thence South 8 degrees 02
minutes 30 seconds East 113.42 feet more or less to the Northerly right-of-way line of State
Think Highway No. 55; thence Southeasterly along said Northerly right-of-way line 170 feet to
the point of beginning of the property being described; thence Northeasterly on a straight line to
its point of intersection with said North line at a point there distant 528.32 feet west of said
Northeast corner; thence East along said North line 174.33 feet; thence South 15 degrees 35
minutes West a distance of 212.02 feet more or less to said Northerly right-of-way; thence
Northwesterly along said Northerly right-of-way line to the point of beginning, according to the
United States Government Survey thereof.
Parcel B
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118 North,
Range 22 West of the 5th principal meridian described as beginning at a point on the North line
of said Southeast Quarter of the Northeast Quarter distant 753.32 feet West of the Northeast
corner of said Southeast Quarter of the Northeast Quarter (said North line being assumed to have
Resolution 2001-216
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a bearing of East for purposes of this description); thence South 8 degrees 02 minutes 30 seconds
East 113.42 feet more or less to the Northerly right-of-way line of State Think Highway No. 55;
thence Southeasterly along said Northerly line of State Think Highway No. 55 a distance of 170
feet; thence Northeasterly on a straight line to the point of intersection with said North line of the
Southeast Quarter of the Northeast Quarter at a point thereon 225 feet East of the point of
beginning; thence West to the point of beginning, according to the United States Government
Survey thereof.
WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing.
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 Classic
Touch, Inc. for a site plan, conditional use permits and setback and wall sign variances and deny
the request for a variance for a freestanding sign for property located at 11320 Highway 55,
subject to the following conditions and findings:
A site plan, conditional use permits and setback and wall sign variances for a motor vehicle
fuel sales facility and attendant building are hereby approved, in accordance with the
application and plans received by the City on April 11, 2001, except as amended by this
resolution.
2. Plans and profile sheets along with specifications complying with City standards shall be
submitted for approval for the relocation and reconstruction of the frontage road. These
plans shall be prepared in accordance with public street requirements.
The frontage road shall be constricted from the north/south property line dividing the subject
site and the Plymouth Car Wash site, westerly and northerly to the north property line. The
constriction cost is the responsibility of the developer. Constriction shall be completed
before Gas N' Splash is opened for business.
4. The existing frontage road entrance shall be closed. Access on the west side of the site shall
be adjacent to the north property line.
5. A minimum of four feet will be required between the trail on West Medicine Lake Drive and
the back of the curb of the relocated frontage road. The required 40 feet of right of way must
be adjusted eastward to provide for this separation.
6. The frontage road shall be 28 feet wide back to back of curb, widened to 32 feet at the
northern end where it curves west to join West Medicine Lake Drive.
7. The north drive from Gas N' Splash shall be one way eastbound to the frontage road.
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8. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with
MPCA requirements for environmental clean up associated with the previous gas station use
on the site.
9. A conditional use permit is approved for a motor fuel sales facility and attendant building,
based on the following findings:
a. A use such as Gas N' Splash was contemplated in the Comprehensive Plan. Assuming
that it is built in conjunction with a realigned frontage road that meets the City's needs as
outlined in the Transportation Chapter of the plan, it would be consistent with the
Comprehensive Plan.
b. The applicant would be required to meet all the required performance standards
associated with the use to ensure that it is not harmful to adjacent uses, both existing and
future.
c. The applicant would be required to meet the screening standards in Section 21130.03 of
the Zoning Ordinance by either not trimming the bottoms of the existing evergreen trees
along the north property line or planting spreading juniper at the base of the evergreens to
complete the screening.
d. There are adequate public services available to serve the use.
10. A conditional use permit is approved for all four required parking stalls to be located off-site
at the Plymouth Car Wash, based on the finding that the request meets the standards in
Section 21135.04 of the Zoning Ordinance and provided that prior to the issuance of building
permits, the applicant provides the City with documentation that the Gas N' Splash and the
Plymouth Car Wash are under common ownership and further, that sale of one or the other
would constitute grounds for revoking the conditional use permit for Gas N' Splash unless
alternative acceptable parking and trash containment arrangements are provided.
11. The following variances are approved, with the finding that the applicable variance standards
are met:
a. A front yard setback from the canopy of no less than 10 feet from the front lot line
b. A side yard setback of 10 feet
c. A rear yard setback from the canopy of 30 feet
d. A drive aisle setback along the north property line of 8 feet
e. A drive aisle setback of no less than 2 feet from the west and south lot line
f. Wall signage of 70 square feet on the south elevation of the canopy
12. Denial of a variance for a freestanding business sign greater than 100 square feet in area,
based on the finding that there is no hardship to support the granting of the variance.
Specifically, there is no hardship based on the physical surroundings, shape or topographical
conditions of the specific parcel of land involved and no conditions unique to the parcel that
are not applicable to other property within the same zoning classification.
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13. Prior to the issuance of building permits, the applicant shall revise the landscape plan to
relocate the single deciduous tree now shown on the south side of the frontage road to the
island adjacent to the frontage road.
14. Prior to issuance of building permits, the applicant shall prepare a revised lighting plan that
indicates compliance with Sections 21105.06 and 21455.07, Subd. 2(h) of the Zoning
Ordinance. The revised plan shall demonstrate lighting levels under the canopy no greater
than 30 foot candles with shielded or recessed lighting with a 90 degree cutoff In addition,
the light poles at the northern exit from the site shall be no higher than 16 feet with light
levels no greater than 0.5 foot candles.
15. Prior to the issuance of building permits, the applicant shall submit a management procedure
for preventing overflow traffic at the car wash from spilling onto the frontage road.
16. The applicant shall comply with the conditions outlined in the City Engineer's memorandum.
17. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
18. The approval is subject to all applicable codes, regulations and ordinances, and violation
thereof shall be grounds for revocation.
19. 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 Sections 21045.09, 21015.07 and 21030.06 of the Zoning
Ordinance.
20. Standard Conditions:
a. The applicant shall submit the required Financial Guarantee and Site Performance agreement
for completion of site improvements within twelve months of the date of this Resolution
prior to issuance of building permits.
b. The applicant shall comply with the Ordinance regarding the location of fire hydrants, fire
lanes, and fire lane signage.
c. Prior to issuance of building permits, the applicant shall submit fire flow calculations.
d. The applicant shall submit an 8 1/2 x I I inch "As Built" Fire Protection Plan prior to the
release or reduction of any site improvement bonds per City Policy.
ADOPTED by the City Council this 22nd day of May, 2001.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
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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 May 22, 2001 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