HomeMy WebLinkAboutCity Council Resolution 2009-305CITY OF PLYMOUTH
RESOLUTION No. 2009-305
A RESOLUTION APPROVING A PRELIMINARY PLAT, FINAL PLAT, AND VARIANCE FOR PEONY
55 PARTNERS, LLC, FOR "PEONY PROMENADE" FOR PROPERTY LOCATED NORTHWEST OF
HIGHWAY 55 AND PEONY LANE (2009060)
WHEREAS, Peony 55 Partners, LLC, has requested approval of a preliminary plat, final plat, and
variance for roughly 12.74 acres of commercial land presently legally described as follows:
Tract E, Registered Land Survey No. 187, Files of Registrar of Titles, County of
Hennepin, except the southwesterly 112.5 feet thereof.
Tract B, Registered Land Survey No. 1091, Files of Registrar of Titles, County of
Hennepin, except that part thereof lying North of a line drawn from the most
Southerly corner of Tract A, said Registered Land Survey, to a point on the East line
of said Tract B, distant 219.41 feet south from the Northeast corner of said Tract A.
That part of the east 33 feet of the East Half of the Northwest Quarter of the
Northeast Quarter of Section 18, Township 188, Range 22, lying southerly of the
easterly extension of a line drawn from the most Southerly corner of Tract A,
Registered Land Survey No. 1091, Files of Registrar of Titles, County of Hennepin, to
a point on the east line of Tract B, said Registered Land Survey, distant 219.41 feet
south from the Northeast corner of said Tract A.
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 MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Peony 55 Partners, LLC, for a preliminary plat, final plat, and variance for Peony
Promenade, subject to the following conditions:
1. A preliminary plat and final plat is approved for the creation of five lots and two outlots, in
accordance with the plat and plans received by the City on November 3, 2009 and November
19, 2009, except as may be amended by this resolution.
Res. 2009-305
File 2009060
Page 2
2. A variance is approved to allow the existing freestanding sign to remain on Outlot B of the
plat, with the condition that no freestanding sign shall be allowed on Lot 1 of the plat. Lot 1
shall not be allowed to have a freestanding business sign until and unless the existing sign on
Outlot B is removed.
3. Prior to recording the final plat, the applicant shall:
a. Pay the park dedication cash fee in lieu of land dedication, in accordance with the
dedication ordinance in effect at the time of filing of the final plat.
b. Provide the declaration of covenants for City review. The declaration shall address
perpetual ownership and maintenance of the two commonly -owned outlots, and shall
address cross easements for access and water supply. The declaration of covenants, as
approved by the City, shall be recorded with the final plat.
4. Upon recording of this plat, certain existing wall signage (for buildings with signage on more
walls than its lot has public street frontage) would become "lawfiilly nonconforming" and
subject to the nonconforming regulations in Section 21100 of the Zoning Ordinance. Such
existing wall signage could be maintained, repaired, replaced, and/or relocated on the wall,
but shall not be increased to cover a higher percentage of the wall to which it is attached.
5. This approval shall expire two years after the date of approval, unless the property owner or
applicant has recorded the final plat, 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 512 of City Code and Section 21130 of the Zoning Ordinance.
ADOPTED by the City Council on December 8, 2009.
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 December 8, 2009 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