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HomeMy WebLinkAboutCity Council Resolution 1996-188CITY OF PLYMOUTH RESOLUTION % -188 APPROVING A PRELIMINARY PLAT, FINAL PLAT VARIANCE AND SITE PLAN FOR CARLSON REAL ESTATE CO. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CHESHIRE LANE AND CARISON PARKWAY (95008) WHEREAS, Carlson Real Estate Co. has requested a Preliminary Plat, Final Plat Variance and Site Plan for a retail center located at the southwest corner of Cheshire Lane and Carlson Parkway; and WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval for property legally described as follows: Lot 1 except the westerly 229.90 feet thereof, Block 1, PLYMOUTH HILLS 3RD ADDITION, and the northerly 30.00 feet of Lot 5, Block 1, PLYMOUTH HILLS 3RD ADDITION, according to the plat thereof on file or record in the office of the Registrar of Titles, Hennepin County, Minnesota. Otherwise described as follows: COMMENCING at the west quarter corner of Section 16, Township 118, Range 22, Hennepin County, Minnesota; thence 856.25 feet at bearing SO degrees, 15'52"W along the westerly line of Section 16 to the centerline of Rockford Road; thence 252.82 feet at bearing S89 degrees 44'08"E along said centerline to its point of curvature; thence 37.09 feet along said curve of radius 878.28 feet, delta 2.4196 to the intersection with the west line of herein described property, extended; thence 50.04 feet SO degrees 15'52"W along the west line of herein described property extended, to TRUE POINT OF BEGINNING; thence 292.35 feet northeasterly along Rockford Road; thence 375.42 feet at bearing S30 degrees 18'10"E; thence 163.18 feet at bearing N62 degrees 43'53"E to Plymouth Boulevard; thence 30.00 feet southerly along Ply.., .sui Boulevard; thence 331.14 feet at bearing S62 degrees 45'51"W; thence 30.12 feet at bearing N22 degrees 4'37"W; thence 79.98 feet at bearing S62 degrees 43'50"W; thence 258.68 feet at bearing N89 degrees 44'08"W; thence 379.64 feet at bearing NO degrees 15'52"E to TRUE POINT OF BEGINNING. 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 of Carlson Real Estate Co. for a Preliminary Plat, Final Plat, Variance and Site Plan for a retail center located at the southwest corner of Cheshire Lane and Carlson Parkway, bubject to the following conditions: 95008 Page 2 1. The Site Plan is for the construction of a 14,200 square -foot retail center (Lot 2, Block 1 Carlson Center 14th Addition) in accordance with the plans received by the City on March 1, 1996 except as amended by this resolution. 2. The Preliminary Plat and Final Plat is for the creation of three lots in the Carlson Center 14th Addition. 3. Covenants regarding cross access and parking shall be submitted for staff review and shall be filed with Hennepin County prior to issuance of building permits. 4. The developer shall construct an eight -foot trail along for Cheshire Lane. An easement for the trail shall be submitted to the City and recorded with the Final Plat. 5. The Landscaping Plan shall be revised to replace six proposed evergreen trees along Cheshire Lath: with two hedge rows. The street -side hedge may be a dogwood or alpine current with the parking lot side hedge being a juniper or aborvitiae. The revised plan shall be submitted prior to issuance of building permits. 6. Compliance with the City's Tree Preservation Ordinance shall be accomplished by planting a minimum of 105 caliper inches of trees on the site. T. The Luminaire Plan shall be revised so that the 0.5 foot-candle contour line is contained within this site and does not extend into public right-of-way. A revised plan shall be submitted prior to issuance of building permits. 8. A Variance from the Zoning Ordinance is granted for the construction of a freestanding sign on a lot without a building (Lot I. Block 1 Carlson Center 14th Addition). The Variance is based on the finding that: A. There are special conditions related to the identification of this large mixed use development that are not generally applicable to other property. B. The Variance would not diminish or impair property values within the neighborhood. C. The Variance will not be detrimental to the public welfare or injurious to other property. 9. A Variance from the Zoning Ordinance is granted for the construction of a second freestanding sign on Lot 1, Block 1 Carlson Center 14th Addition. The sign shall be limited to area identification only, no tenent or business signage shall be permitted and the sign copy area shall be limited to 48 square feet per side for a total of 192 square feet. The Variance is based on the finding that: 95008 Page 3 A. There are special conditions related to the identification of this large mixed use development that are not generally applicable to other property. The Carlson Center covers 121 acres in Plymouth and an additional 207 acres in Minnetonka. The Center includes property on both sides of I-494. B. The Variance would not diminish or impair property values within the neighborhood. C. The Variance will not be detrimental to the public welfare or injurious to other property. 10. Appropriate legal documents shall be filed with the Final Plat regarding maintenance responsibilities for the second free standing sign in Lot 1, Block 1. 11. A revised sign plan shall be submitted prior to issuance of building permits. 12. Standard Conditions: A. Compliance with the City Engineer's Memorandum. B. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. C. Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution. D. Any subsequent phases or enpansions are subject to required reviews and approvals per Ordinance provisions. E. Compliance with the Ordinance regarding the location of fire hydrants, fire lanes, and fire lane signage. F. 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 bonds per City Policy. G. Submission and approval of fire flow calculations prior to the issuance of building permits. H. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. I. Park dedication fees shall be cash fees in lieu of land dedication in accordance with the dedication policy in effect at the time of building permit issuance. J. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages or expenses which the City 95008 Page 4 may pay or incur in consequence of such claims, including attorneys, fees. K. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. L. No building permits shall be issued until a contract has been awarded for construction of municipal sewer and water. Adopted by the City Council on April 3, 1996. (pkn%sWYmpXreA9S =.doc)