The URL can be used to link to this page

Home My WebLink AboutCity Council Resolution 1996-457CITY OF PLYMOUTH RESOLUTION % - 457 APPROVING PRELIMINARY PLAT, SITE PLANS, CONDITIONAL USE PERMIT, AND VARIANCES FOR MARFIELD, BELGARDE AND YAFFE COMPANIES FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF COUNTY ROAD 6 AND I-494 (96075) WHEREAS, Marfield, Belgarde and Yaffe Companies has requested approval of a Preliminary arPlat, three Site Plans, and related Conditional Use Permit and Variances for a commercial development on property legally described as Lot 1, Block 1, Minneapolis Industrial Park 5i° Addition; and, WHEREAS, the Planning Commission has reviewed said request at P duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, thst it should and hereby does approve the request by Marfield, Belgarde and Yaffe Companies for a Preliminary Plat, Site Plan, and related Conditional Ilse Permit and Variances, subject to the following conditions: 1. Approval of the Preliminary Plat, three Site Plans, and related Conditional Use Permit and Variances are subject to the approval of the Land Use Guide Plan. Amendment and Rezoning applications. 2. A Site Plan is approved on Lot 1 for a 115,073 square -foot retail store with a 17,955 square -foot garden center, according to the plans received by the City on July 26, and August 2, 1996, except a,. amended by this resolution. 3. A Ge,ieral Development Plan is approved for Lots 2 and 3. Submittal of a Site Plan and related applications is required prior to construction of buildings on the lots. 4. A Preliminary Plat is approved for the creation of Lots 1, 2 and 3, Biwk 1, Annapolis Depot Addition. 5. Storage within the garden center shall not exceed the height of the fencing. 6. A Conditional Use Permit is approved for outside storage as identified on the plans received by the City on August 2, 1996, subject to the following conditions: A. Attaching products to the building walls and fences for display/storage is prohibited. B. All storage/display shall be limited to the areas identified on the approved plans. • 96075p, Page 2 7. Covenants regarding cross access, parking and fire access shall be submitted for staff review and shall be filed with Hennepin County prior to issuance of building permits. 8. The developer shall construct a six-foot sidewalk along Annapolis Lane and County RoW 6 as shown on the Plans. 9. Prior to submittal of grading and building permits, the developer shall provide written permission from Carlson Real Estate to utilize the poi►d at Co. Rd. 6 and I-494 for surface water treatment as shown on the plans. 10. The luminaire plan shall be revised to show that the 0.5 -foot candle contour line does not cross into public right-of-way. The revised plan shall be submitted prior to issuance of building permits. 11. Based on the Tree Preservation Ordinance and the applicant's Tree Removal Plan, restitution for 445.0 caliper inches shall be paid by the developer prior to issuance of building permits. 12. The landscaping located on the north boundary of the site adjacent to Watertower Circle shall be revised as follows: A. Replace six, six-foot Black Hill Spruce trees with 12, 12 -foot Black Hill Spruce trees. B. Replace eleven, six-foot Austrian Pine trees with 22, 12 -foot Austrian Pine trees. C. The berm shall be increased by up to two feet, subject to approval by the Engineering Division. A revised landscaping plan shall be submitted to the Planning Division prior to issuance permits. 13. The Site Improvement Performance Agreement shall include provisions regarding outside storage. Specifically, a financial guarantee of $10,000 shall be provided that the City can withdraw from as a fine for violation of the CUP conditions for outside storage. Fines shall be in $1,000 increments. The financial guarantee will be returned after a two-year period without violations. Specific language of this requirement shall be prepared by the City Attorney's office. 14. The developer shall pay for all the improvements identified in the Traffic Analysis dated June 14,1996 except for 1/4 of the cost of the traffic signal which is to be paid by Carlson Development as part of their Super America project. This requirement is based on the finding that the improvements are needed due to the proposed use of this property for a retail store. If the site were to be developed for industrial uses, only a traffic signal would be needed and the timing of the signal would not be essential to the operation of the Annapolis Lane and County Road 6 Intersection. • • 96075p, Page 3 15. Two sign Variances are granted to increase the height of the freestanding sign located adjacent to I494 to 45 feet and to increase the size of the sign to 196 square feet based on the following findings: A. Due to the increased speed of motorists on I-494 and the location of the off ramps of I- 494 to Co. Rd. 6, larger and taller signage is required in order to permit motorists to make safe decisions regarding exiting the freeway. B. Grade changes adjacent to I-494 and the existing advertising sign preclude locating the sign further to the north or south. C. The Variance will not impair the supply of light and air to the surrounding properties and will not impair property values in the area. 16. A Sign Variance is granted for the placement of two freestanding signs on Lot 1 based on the following findings: A. The total number of signs within this project would meet the Ordinance requirement. B. Lots 2 and 3 will share a freestanding sign. C. The Variance will not impair the supply of light and air to the surrounding properties and will not impair property values in the area. 17. Covenants shall be filed with the plat stating that Lots 2 and 3 shall share a single freestanding sign. The -hall be submitted to the City prior to filing the plat with Hennepin County. 18. A Variance is gr xed for the placement of parking spaces 15 feet from the property line adjacent to I-41 4 baser on the following findings: A. The righ. of --way width for 1-494 is unigL: due to its width and the fact that access is permanently denied. B. Granting of the Variance would not preclude the construction of a proposed by-pass lane for the entrance ramp onto I.494. C. The Variance would not be igjurious to the public welfare. 19. 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 cotupiedun of site improvements within twelve months of the date of this Resolution. D. Any subsequent phases or cxpansions 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. 0 96075p, Page 4 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. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. H. 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. I. 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 may pay or incur in consequence of such claims, including attorneys' fees. J. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. K. No building permits shall be issued until a contract has been awarded for construction of municipal sewer and water. L. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. M. compliance with regulations regarding handicapped parking spaces and access. Adopted by the City Council on September 4 1996, • 96075p, Page S STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minncsou. certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on September 4, 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