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HomeMy WebLinkAboutCity Council Resolution 2017-015 C ITY OF P LYMOUTH R ESOLUTION N O. 2017-015 R ESOLUTION A PPROVING A S ITE P LAN A MENDMENT, C ONDITIONAL U SE P ERMIT, AND V ARIANCE FOR P ROPERTY L OCATED AT 4305 P EONY L ANE (2016092) WHEREAS, Mid-America Real-Estate-Minnesota has requested approval of a site plan amendment, conditional use permit and variance to allow a trade school in the C-3 (highway commercial) zoning district and related site improvements for the property presently legally described as follows: Lot 5, Block 1, Peony Promenade, Hennepin County, Minnesota. 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 does approve the request by Mid-America Real-Estate-Minnesota for a site plan amendment, conditional use permit and variance for a trade school in the C-3 (highway commercial) zoning district and related site improvements, subject to the following conditions: 1. A site plan amendment is approved to allow removal of the existing bank drive-thru teller canopy, addition of 17 parking spaces and related site improvements, in accordance with the plans received by the city on October 27, 2016, November 29, 2016 and December 6, 2016, except as amended by this resolution. 2. A conditional use permit is approved to allow PCI Academy to locate in the C-3 (highway commercial) zoning district, pursuant to Section 21465.07, subd. 15, with the finding that the proposal complies with all applicable conditional use permit standards. 3. A variance is approved to allow an 8.3-foot parking setback from the southeast property line where 20 feet is required, with the finding that the proposal complies with all applicable variance standards. 4. The requested variance: 1) would be in harmony with the general purposes and intent of the zoning regulations; 2) would address the practical difficulties related to adding parking along an existing drive aisle adjacent to a commonly owned outlot used for water treatment purposes; 3) is not based exclusively upon economic considerations; 4) would not be detrimental to the public welfare or injurious to other land or improvements in the area; 5) would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood; and 6) is the minimum action required to alleviate the practical difficulties. Resolution 2017-015 File 2016092 Page 2 5. A separate building permit is required prior to commencement of the project. 6. Prior to issuance of the building permit, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Execute a site improvement performance agreement and submit the financial guarantees and fees pursuant to section 21045.10 of the zoning ordinance. b. Obtain city approval of final construction plans. c. Revise the plans as follows: i. On the site plan, add the location of one-way signage and indicate that the one-way arrows will be painted in the drive aisle. ii. Add grading details to the disturbed areas including proposed top and bottom of the proposed retaining wall. iii. Identify existing hydrant locations on the utility plan and work with the fire inspector on additional hydrant locations if needed. iv. Add the city’s fire lane sign detail. 7. Fire lane signage shall be provided in locations to be field identified by the fire inspector. 8. The exterior wall treatment of the area where the existing canopy is removed shall be similar and/or complement the principal building. 9. Any new proposed exterior lighting fixture shall meet current zoning ordinance standards pursuant to section 21105.06. 10. Standard Conditions: a. Silt fence shall be installed prior to any construction on the site. b. Retaining walls over four feet require issuance of a building permit and a minimum three-foot fence installed on top. c. Any signage shall receive separate sign permits and comply with section 21155 of the zoning ordinance. d. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. e. The site plan amendment, conditional use permit and variance 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, 21015.07 and 21030.06, respectively, of the zoning ordinance. ADOPTED by the City Council on this 10th day of January, 2017. Resolution 2017-015 File 2016092 Page 3 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 January 10, 2017, 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