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HomeMy WebLinkAboutCity Council Resolution 1985-198CITY OF PLYMDM Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the h day of March 1985. The following members were present: Mayor Davenport, Councilmembers Schne er, — Nei1s, Crain and Vasiliou The following members were absent: none a� atm �f Councilmember Neils introduced the following Resolution and moved its adoption: RESOLUTION NO. 85- 198 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR BURGER KING CORPORATION (85003) WHEREAS, Burger King Corporation has requested approval of a Site Plan, Conditional Use Permit and Variances for a 3,281 sq. ft. Class II restaurant with a drive-through facility located east of Nathan Lane on Lot 1, Block 1 Rockford Square Addition; and, 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 for Burger King Corpor- ation for a Site Plan, Conditional Use Permit and Variances for a 3,281 sq. ft. Class II restaurant with a drive-through facility to be located east of Nathan Lane on Lot 1, Block 1 Rockford Square Addition, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financi-='. .4oarantee and Site Performance Agreement for completion of site improvements. 5. Signage shall be in compliance with the Ordinance, except for the traffic dir- ectional signage which is allowed to be 4.6 sq. ft. in size, per plans dated February 7, 1985. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. PLEASE SEE NEXT PAGE Resolution No. 85-198 Page two 8. No Building Permit to be issued until the Final Plat for Rockford Square is filed and recorded with Hennepin County. 9. Approved Variances include: ,faiver of 10 ft. setback of drive aisle to building for drive through window and 4.6 sq. ft. traffic directional signage rather than 4.0 sq. ft. 10. The Conditional Use Permit is subject to a:' applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 11. The permit is issued to the petitioner as operator of the facility and shall not be transferable. 12. The site shall be maintained in a sanitary manner and should the petitioner fail to comply with this provision, store management shall be notified of the irregularity, and given 24 -hours to comply. In the event store management does not comply, the City shall proceed with the necessary corrective work and assess the cost against the property. 13. There shall be no outside display, sales, or storage of merchandise or related materials. 14. Hours of operation shall be limited to 7:00 A.M. to 11:00 P.M., seven days a week. • 15. All parking shall he off-street in designated areas which comply with the Zoning Ordinance. 16. There shall be no playground or totlot. 17. An additional 25 trees consisting of Evergreens at a minimum height of 8 ft., shall be planted in locations designated by staff with the intent of enhancing the screening of the development from the residential areas to the south and southwest including installation within City right-of-way if necessary. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted.