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HomeMy WebLinkAboutCity Council Resolution 1996-239• CITY OF PLYMOUTH RESOLUTION %- 239 APPROVING SITE PLAN AND VARIANCES FOR GEARTY-DELMORE FUNERAL CHAPELS, INC. LOCATED AT THE NORTHWEST CORNER OF VICKSBURG LANE N. AND 37TH AVE. N. (95136) WHEREAS, Gearty-Delmore Funeral Chapels, Inc. has requested approval of a Site Plan and Variances for property legally described as follows: Lot 2, Block 1, Plymouth Hillis 3rd Addition. WHF-REAS, the Planning Commisaion 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 by Gearty-Delmore Funeral Chapels, Inc. for a Site Plan and Variances subject to the following conditions: 1. This approval permits the construction of an 11,900 square foot funeral chapel, in accordance with the plans received by the City on March 22, 1996, except as amended by this resolution. 2. Any signage shall be in compliance with the Zoning Ordinance, except as amended by this resolution. 3. All waste and recycling containers shall be stored within the buildings. 4. The Goldflame Spirea identified as hedge material shall be replaced with one of the following plant types. The applicant may choose which type to use. Hedge cotoneaster, Dwarf winged eunonymus, Dwarf or Nugget Ninbark, Dark Green Yew, Holmstmr. Arborvitae, Tallhedge Buckthorn, Golden Privet, Alpine Currant or Nigra Yew. A revised Landscape Plan shall be submitted to the Planning Division prior to issuance of building permits. 5. The access onto Vicksburg Lane shall be closed. A revised plan shall be submitted to the Planning Division prior to issuance of building permits. 6. A five-foot sidewalk shall be constructed by the applicant along the east side of the shared driveway. The sidewalk shall extend from 37th Ave. N to the east -wet drive aisle as shown on the plan labeled "Sidewalk Plan." The sidewalk shall tic 95136, Page 2 extended to the north when development occurs north of the funeral home site. A revised plan shall be submitted to the Planning Division prior to issuance of building permits. 7. Variances from the Zoning Ordinance are granted for building setback, parking location and building coverage. The Variances are based on the funding that: A.The conditions upon which the variations are requested are unique to this site due to the operational characteristics of this permitted use. A funeral chapel has unique operational characteristics that require design features that would not be necessary for other permitted uses in the CC --OT Zoning District. B. Granting the Variances would not be detrimental to the development of the surrounding property. In fact, by permitting this building design, the implementation of the City Center Plan would begin for this block. The landscapi.^3 pattern for the street would Ix., established as would the combination several NURP ponds into one larger pond. C. The Variances would not diminish and impair property values in the neighborhood. 8. 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 expansions arc 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. 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 pernnit 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 - proval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages or expenses which the City 951369 Page 3 may pay or incur in consequence of such claims. including attorneys' fees. K. 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 May 1, 1996. STATE OF MINNESOTA) COUN': Y 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 May 1, 1996, with the oricinal 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 1. City Clerk