HomeMy WebLinkAboutCity Council Resolution 1996-189•
CITY OF PLYMOUTH
RESOLUTION % -189
APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN FOR KHCDA H,
INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
CHESHIRE LANE AND CARLSON PARKWAY (96007)
WHEREAS, KHCDA H, Inc. has requested a Conditional Use Permit and Site Plan for
a day care 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 recomrnends approval for property legally described as follows:
Lot 3, Block 1, Carlson Center 14th Addition.
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 KHCDA II, Inc. for a Conditional Use Permit and Site Plan for a day
care center located at the southwest corner of Cheshire Lane and Carlson Parkway,
subject to the following conditions:
1. The Site Plan is for the construction of an 11,612 square -foot day care center in
accordance with the plans received by the City on February 16, 1996 except as
amended by this resolution.
2. 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.
3. The developer shall construct an eight -foot trail along for Cheshire Lane as
required under the plat approval for Carlson Center 14th. Addition (95008).
4. A Variance from the Fire Code is granted for the elimination of the fire lane on
the south and west sides of the building in Lot 3, Block 1.
5. The Landscaping Plan shall be revised to replace six proposed evergreen trees
along Cheshire Lane 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.
6. Standard Conditions:
A. Compliance with the City Engineer's Memorandum.
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96007
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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 expansions 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 except as amended by this resolution.
F. An 8 112 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 b_ cash fees in lieu of land dedication in
accordance with the dedication policy in effect at the time of hu;lding
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 off~curs,
employees, and agents for all costs, damages or expenses which the City
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.
(plan\staffrep\res\96007.doc)