HomeMy WebLinkAboutCity Council Resolution 1996-518•
CITY OF PLYMOUTH
RESOLUTION 96 - 518
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 1-494 (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 51
Addition; and,
WHEREAS, the Planning Commission 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
Marfield, Belgarde and Yaffe Companies for a Preliminary Plat, Site Plan, and related
Conditional Use 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 as amended by this resolution.
3. A General Development Plar. is approved for Lots 2 and 3. Submittal of a Site Plan and
related applications is required prior to cc struction of buildings on the lots.
4. A Preliminary Plat is approved for the creation of Lots 1, 2 and 3, Block 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.
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.
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8. The developer shall construct a six-foot sidewalk along Annapolis Lane and County Road 6
as shown on the Pians.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Two sign Variances are granted to increase the height of the freestanding sign located
adjacent to 1-494 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 1-494 and the location of the off ramps of 1-
494 to Co. Rd. 6, larger and taller signage is required in order to pennit motorists to
make safe decisions regarding exiting the tkeway,
B. Grade changes adjacent to 1-494 and the existing advertising sign preclude locating the
sign further to the north or south.
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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.
15. A Sign Variance is granted for the placement of two freestanding signs on Lot I 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.
16. Covenants shall be filed with the plat stating that Lots 2 and 3 shall share a single
freestanding sign. The covenant shall be submitted to the City prior to filing the plat with
Hennepin County.
17. A Variance is granted for the placement of parking spaces 15 feet from the property line
adjacent to I-494 based on the following findings:
A. The right-of-way width for I494 is unique 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 1-494.
C. The Variance would not be injurious to the public welfare.
IS. Standard Conditions:
A. Compliance with the City Engineer's Memorandum, except Special Condition 30A.
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 hydr.nts, fire lanes, and
fire lane signage.
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 PoUrv.
G. The permit is subject to ali applicable codes, regulations and ordinarces, and violation
thereof shall be grounds for revocuion.
H. Park dedication fees shall be cash fees in lieu of land dedication in accordance with the
dedication policy in effect at the time ot'building permit issuance,
1. The Developer shall hold the City and its offices, 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, demages or expenses which the
City may pay or incur in consequence of such claims, including attorneys' tees.
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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 18, 1996.
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 September 18, 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