HomeMy WebLinkAboutCity Council Resolution 2011-370CITY OF PLYMOUTH
RESOLUTION No. 2011-370
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR B Et B OF
PLYMOUTH, LLC FOR A FIVE GUYS BURGERS AND FRIES CONVENIENCE
FOOD RESTAURANT AT 4105 VINEWOOD LANE (2011079)
WHEREAS, B & B of Plymouth, LLC has requested approval of a conditional use permit
for a convenience food restaurant for the property legally described as follows:
That part of Lot 1, Block 1, Rockford Road Plaza, according to the recorded plat thereof and
situate in Hennepin County, Minnesota described as follows:
Commencing at the Southeast corner of said Lot 1; thence South 89 degrees 04 minutes 37
seconds West along the South line thereof a distance of 222.07 feet; thence North 00 degrees 55
minutes 23 seconds West a distance of 90.52 feet to the point of beginning of the land to be
described; thence continuing North 00 degrees 55 minutes 23 seconds West a distance of 192.98
feet; thence North 89 degrees 04 minutes 37 seconds East a distance of 98.36 feet; thence South
00 degrees 55 minutes 23 seconds East a distance of 9.00 feet; thence North 89 degrees 04
minutes 37 seconds East a distance of 70.37 feet to the East line of said Lot 1; thence South 01
degree 18 minutes 55 seconds East along said East line a distance of 75.55 feet; thence continuing
along said East line a distance of 123.93 feet along a tangential curve concave to the East having
a radius of 390.00 feet and a central angle of 18 degrees 12 minutes 25 seconds; thence
Southwesterly a distance of 32.33 feet along a non-tangential curve concave to the Northwest
having a radius of 31.00 feet, a central angle of 59 degrees 44 minutes 44 seconds and a chord
that bears South 59 degrees 26 minutes 24 seconds West; thence South 89 degrees 18 minutes 46
seconds West tangent to the last described curve distance of 134.88 feet; thence Northwesterly a
distance of 43.87 feet along a tangential curve concave to the Northeast having a radius of 28.00
feet and a central angle of 89 degrees 45 minutes 51 seconds to said point of beginning.
Together with all easements, covenants, restrictions and other rights of Dayton Hudson
Corporation granted in that certain Operation and Easement Agreement dated March 30, 1990,
filed May 9, 1990, as Document No. 5657803 in the Office of the County Recorder, as amended
by First Amendment to Operation and Easement Agreement dated August 6, 1991, filed October
21, 1991, as Document No. 5837189, fiirther amended by Second Amendment to Operation and
Easement Agreement dated December 20, 1991, filed February 4, 1992, as Document No.
5873453, and fi rther amended by Third Amendment to Operation and Easement Agreement
dated October 15, 1993, filed October 15, 1993, as Document No. 6167343.
Res. 2011-370
File 2011079
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Together with Utility Easement Agreement dated October 15, 1993, filed October 15, 1993, as
Document No. 6167344 and Access Easement Agreement dated October 15, 1993, filed October
15, 1993, as Document No. 6167345.
Together with Driveway Easement dated August 14, 1992, filed September 11, 1992, as
Document No. 5966976.
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 MAYOR AND CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does
approve the request by B & B of Plymouth, LLC for a conditional use permit to allow a
convenience food restaurant in the existing shopping center building located at 4105 Vinewood
Lane, subject to the following conditions:
1. A conditional use permit is approved to allow a 2,334 square foot convenience food
restaurant, in accordance with the application and plans received by the city on October 12,
2011, except as may be amended by this resolution.
2. The conditional use permit is approved with the finding that all applicable general and specific
conditional use permit standards are met.
3. The shopping center shall be limited to 2,334 square feet of sit-down or convenience
restaurant uses as defined by the Plymouth Zoning Ordinance, unless an appropriate cross -
parking easement is executed with the Target site.
4. The applicant shall obtain all necessary permits from the State of Minnesota and Hennepin
County for food storage, preparation, and service.
5. The applicant shall control litter on and near the site, and shall install trash receptacles in
convenient locations to facilitate litter control.
6. No alcoholic beverages shall be sold or served.
7. No drive-through window service is approved or allowed under this conditional use permit.
8. The permit is subject to all applicable building and fire codes, and to all city regulations and
ordinances. Any violation thereof shall be grounds for revocation.
Res. 2011-370
File 2011079
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9. Standard conditions:
a. Any signage shall comply with the city's sign regulations.
b. All waste and waste containers shall be stored within approved designated areas.
c. All parking shall be off-street in designated parking spaces.
d. Subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
e. This approval shall expire one year after the date of approval, unless the property owner
or applicant has started 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 21015.07 of the zoning ordinance.
ADOPTED by the City Council on November 8, 2011.
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 November 8, 2011 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