Loading...
HomeMy WebLinkAboutCity Council Resolution 1996-4010 CITY OF PLYMOUTH RESOLUTION % - 401 APPROVING PRELIMINARY PLAT, SITE PLANS, CONDITIONAL USE PERMITS, AND VARIANCES FOR C. G. REIN INDUSTRIES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF HIGHWAY 169 AND SCHMIDT LAKE ROAD (96044) WHEREAS, C. G. Rein Industries, Inc. has requested approval of a Preliminary Plat, three Site Plans, and related Conditional Use Permits and Variances for a commercial development on property legally described as: Lot 1, Block 1, Epiphany Addition, Hennepin County, Minnesota, and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and :toumntends 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 C. G. Rein Industrics, Inc, for Preliminary Plat, three Site Plans, and related Conditional Use Permits and Variances, subject to the following conditions: 1. Approval of the Preliminary Plat, three Site Pians, and related Conditional Use Permits and Variances are subject to the approval of the Land Use Guide Plan Amendment and Rezoning applications. 2. A Site Plan, Conditional Use Permit and Variance is approved on Lot 1 for a 2,880 square - foot convenience store with two gas pump islands, according to the plans received by the City on May 1.0, 1996, except as amended by this resolution. 3. A Site Pian is approval on Lot 2 for a 6,200 sgtun-foot Class I restaurant with 300 seats, according to the plans received by the City on May 10, 1996, except as amended by this resolution. 4. A Site Plan and Conditional Use Permit is approved on Lot 3 for a 5,200 square -foot auto service center with eight bays, according to the pians received by the City on May 10, 1996, except as amended by this resolution. 3. A Preliminary Plat is approved for the creation of Lots 1, 2 and 3, Block 1, Epiphany Second Addition. 6. A note shall be added to the plans indicating that all roof -top equipment shall be painted to match the building. • • 96044, Page 2 7. Two Variances are granted from the Fire Code. A fire lane is not required on the east side of the auto service anter on Lot 3 or on the south and west side of the %:ons:=ience store on Lot 1. 8. Covenants regarding cross access, parking and fire access shall be submitted for staff review 2nd shall be filed with Hennepin County prior to issuance of building permits. 9. The developer shall construct a six-foot sidewalk along Schmidt Lake Road. An easement for the trail (if needed) shall be submitted to the City and recorded with the Final Plat. 10. A Variance is glinted tc permit the advertisement of the business of all three lots on the free standing sign located on Lot 3. The Variance is based on the finding that: A. This three -tot commercial development is unique due to the single entrance to the site and the unified architectural design of the project. B. The Variance will not impair the supply of light and air to the surrounding properties and will not impair property values in the area. 11. A Variance is granted to permit two structures or. Lot 1. The Variance is based on the fording that: A. The Variance is needed so Jmt the building can comply with the Unified Building Code regarding area separation issues. B. The Variance will not impair the supply of light and air to the surrounding properties and will not impair property values in the area. 12. The ground sign shown on Lot 2 shall be physically attached to the restaurant building and shall be counted toward the wall signage permitted for the building. 13. A covenant shall be placed on all three lots providing for the joint use and maintenance of the tree standing sign on Lot 3. The covenant shall also prohibit the placement of a freestanding sign on Lot 2. 14. The developer shall pay for one leg of a traffic signal that would be installed between Nathan We and Highway 169. 15. T'..e developer shall pay for signage to be located at both entrances of the Church of the Epiphany to discourage cut through traffic as agreed upon by the devloper and the church. 16. The developer shall enter into a maintenance agreement with the Church of tht: Epiphany regarding the shared driveway. 17. Standard Conditions: A. Compliance with the City Engineer's Memorandum. 11 • 96044, Page 3 B. C. D. E. F. G. H. I. J. K. L. M. N. 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. Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Compliance with the Ordinance regarding the location of fine hydrants, fire lanes, and fire lane signage. 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. Submission and approval of fire flow calculations prior to the issuance of building permits. rhe 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 permit issuance. 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 coats incurred resulting from plat approval and development. The Developer shall indemnify the City and its ofrwers, employees, and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. No building permits shalt be issued until the Final Plat is filed and recorded with Hennepin County. No building permits shall be issued until a contract has been awarded for construction of municipal sewer and water. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. Compliance with regulations regarding handicapped parking spaces and access. Adopted by the City Council on August 7, 1996. n :j 96444, Page 4 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 August 7, 1996, 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 •