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HomeMy WebLinkAboutCity Council Resolution 1997-240LTfY OF PLYMOUTH RESOLUTION 96- 240 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR CARLSON REAL ESTATE AND MANN THEATERS FOR PROPERTY LOCATED AT THF NORTHEAST CORNER OF VICKSBURG LANE AND HIGHWAY 55 (97033) WHEREAS, Carlson Real Estate and Mann Theaters bave requested approval of a Site Plan, Conditional Use Permit and Variances for property legally described as follows: Lot 2., Block I. Plymouth Hills & Addition. 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 Carlson Real Estate and Mann Theaters for a Site Plan, Conditional Use Permit and Vsriances subject to the following conditions: 1. This approval permits the construction of a 40,000 square foot theater, a 169600 square foot shopping center and 9,600 square feet of retail space directly ahc+►ing the existing Cub Foods, in accordance with the plans received by the City on April 3, 1997 and April 7. 1997, except as amended by this resolution. 2. Any signage shall be in compliance with the Zoning Ordinance, and further, will require. a separate request by the applicants and separate action by the City. 3. Prior to issuance of Rill building permits., the elevations for all proposed buildings shall be revised to indicate material colors that relate all the buildings to one another and to the existing Cub Foods. 4. Prior to issuance of Hill building permits, the doors on the Bust elevation of the theater shall be revised to improve the visual appeal of this elevation. 5. Prior to issuance of Rill building permits, the Site Plan shall be revised to show two additional pedestrian ramps Riom the retail development abutting Cub Foods to the liquor store. 6. Prior to issuance of fLll building permits, the Site Plan shall be revised to show special paving where the internal pedestrian route crosses the parking area. 7. All waste and recycling containers shall be stored within the buildings. • 93136, Page 2 S. A Conditional Use Permit to allow two principal buildings on Lot 2, Block 1, Plymouth Hills 6° Addition is approved based on the finding that the request complies with all the applicable factors and performance standards for Conditional Use Permits as stipulated in the Zoning Ordinance. 9. The Conditional Use Permit shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the pmject, or unless the property o%.aer or applicant has received prior approval from tiie City to extend the expiration date for up to one additional year, as regulated under Section 21045.09 of the Zoning Ordinance. 10. Variances frcm the Zoning Ordinance ace granted for building coverage. The Variance are based on the finding that the hardship was created by the City in approving conflicting requirements for building coverage and parking in the Zoning Ordinance. 11. A Variance to the Fire Code is approved for the theater building where no fire lane is provided on the south side of the building, based on the finding that the building is fully sprinklered 12. Any restrictive covenants pertaining to allowable area requirements of the Uniform Building Code must be approved by the Building Division and recorded against all affected properties prior to full building permit issuance for the affected building. 13. ('rose easements for utilities, access and parking must be recorded prior to final building inspection approval. 14. Carlson Companies shall enter into an agreement for their share of the cost of the City -constructed treatment pond prior to the issuance of fitll building permits for the retail buildings. 15. The applicants shall enter into an agreement with the City indicating that they are responsible fcr one quurter of the cost of the signal along Vicksburg at the major site entrance and one quarter of the cost of the Vicksburg Lane construction. 16. 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 4acent 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. • 95136, Page 3 E. Compliance with the Ordinance regarding the location of fire hydrants, fire lanes, and fire lane signage. F. An g 1,7 x 11 inch "As Built" Fire ProtectionP improvement bonds per Crtyan sW be nPolor to the release or reduction of any site O, icY- Submission and approval of fire flow calculations prior to the issuance of budding permits. 'fie Vermit is subject to all applicable codes, regulations and ordinances, H. foi revocation. and violation thereof shall be grounds 1. No building permits shad be issued until a contract has been awarded for construction of municipal sewer and water. Adopted by the City Council on April 161 097. STATE OF MNNESOTA) COUNTY OF IN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth. Mim►esots, certtf as that I compared the foregoing revolution adopted at a meeting of the Plymouth City Council on April 16,1997, with the ongtnal thereof on file in my office, and the same is a correct transcription thereof. WTINESS my hand officially as such t: ty Clerk and the Ccrporate seal of the City this day of — City Clerk