HomeMy WebLinkAboutCity Council Resolution 1997-133•
CITY OF PLYMOUTH
RESOLUTION 97 -133
APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE
FOR H.I. ENTERPRISES, INC. FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF CARLSON PARKWAY AND CHESHIRE LANE
(96189)
WHEREAS, H.I. Enterprises, Inc. has requested approval of a Site Plan, Conditional
Use Permit and Variance for a Convenience Grocery Market, with motor fuel sales and
prepared convenience food sales, at the southwest corner of Carlson Parkway and
Cheshire Lane; and
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval; and
WHEREAS, the property is legally described as Lot 1, 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 approva
the request of H.I. Enterprises, Inc. for a Site Plan, Conditional Use Permit and
Variance for a Convenience Grocery Market, with motor fuel sales and prepared
convenience food sales, located at the southwest comer of Carlson Parkway and
Cheshire Lane, subject to the following conditions:
1. The Site Pian is for the construction of a 5,460 square foot Convene= Grocery
Market, with motor fuel sales and prepared convenierr.e food sales, in eccordance
with the plans received by the City on February 6, 1997 except as amended by this
resolution.
2. The Conditional Use Permit allows motor fuel sales and prepared convenience food
sales at the site, with the funding that all Conditional Use Permit standards and
conditions would be met. Specifically, 1) the proposed use at this location would
comply with the Comprehensive Plan; 2) the proposed use would promote the
general welfare and would not be detrimental to, or endanger the public health,
safety, morals, or comfort; 3) the proposed use would not be injurious to the
surrounding properties or to the City as a whole, nor would it substantially
diminish property values in the area; 4) the proposed use would not impede the
orderly development of the district; 5) the silt plan design would not cause traffic
congestion in the public streets; and 6) except for the requested Variance, as
discussed in Condition #3 below, the proposal would meet all the standards for
development in the C-2 Zoning District.
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Resolution 97- 133
(96189)
Page 2
3. A setback Variance is granted to allow a portion of the drive aisle to be set back
3.5 feet from the north lot tine, with a finding that all the applicable Variance
Standards an met. Specifically, 1) the difficulty arises out of the particular and
unusual lot configuration due to the jog in the lot line for the electrical transformer:
2) the purpose of the Variance is not based on a desire to increase the value or
income potential; 3) the difficulty was not created by the applicant; 4) the Variance
would not be detrimental to the public welfare or injurious to adjacent proper*ies;
and 5) thi. Variance would not increase congestion in tate public streets, increase the
danger of fire, endanger public safety, or substantially diminish property values
within the neighborhood. In addition, the Variance would allow the fire lane/access
road that runs around the rear of the building to be straightened, and of adequate
width for service and emergency vehicles.
4. The prepared convenience food shall be of the take-out only type. There shall be
no provision for seating or on-site consumption of the prepared convenience food.
The area devoted to prepared convenience food sales shall not exceed 15 percent of
the gross floor area of the building.
5. Exterior sales and/or storage of merchandise shall be allowed only upon issuance of
a separate Administrative Permit.
6. The hours of operation for this use shall be extended to 24 hours per day.
7. The operation shall be responsible for liner control within 300 feet of the premises,
and litter control is to occur on a daily basis. Trash receptacles must be provided
on site at convenient locations to facilitate litter control.
8. Evidence of cross easement agreements between the landowners of this site and the
site directly south is required prior to issuance of building permits to ensure
unobstructed fire lane access, unobstructed access to fire hydrants, and
wx:bstructed access to water service at all times.
9. The developer shall construct an eight -foot wide bituminous trail Along Cheshire
Lane.
10. This approval shall expire one year after the date of approval, unless the property
owner or applicant has substantially started construction of the project, or unless
the landowner or applicant has received prior approval from the City to extend the
expiration date for up to one additional year, as regulated under Section 21045.09
of the Zoning Ordinance.
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Resolution 97- 133
(96189)
Page 3
11. 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 improve:nents 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, fir-.
lanes, and fire lane signage.
U An 8 112 x I1 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 fine flow calculations prior to the issuance of
building permits.
h. The permit is subject to all applicable codes, regulations and ordinance, and
violation thereof shall be grounds for revocation.
i. Park dedication fees shall be cash fees in lieu of lard dedication in accordance
with the dedication policy in effect at the time of building permit issuance.
j. All signage shall comply with the requirements for the C-2 district.
Adopted by the City Council on March S. 1997.
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
meting of the Plymouth City Council on March 5, 1997 with the criginal 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 tht- Ci,.y this
day of
City Clerk