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HomeMy WebLinkAboutCity Council Resolution 2006-064CITY OF PLYMOUTH RESOLUTION 2006-064 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR "HIGHWAY 55 OFFICE CONDOMINIUMS" FOR PROPERTY LOCATED AT 18240 HIGHWAY 55 (2005086-F) WHEREAS, Ace Properties, LLC has requested approval of a final plat and development contract to allow constriction of a three -unit town office condominium development in one building on a 0.83 -acre site presently legally described as follows: Lot I and the northwesterly '/z of Lot 2, Block 1, Osier Addition; also, All that part of the northwest quarter of the northeast quarter of Section 18, Township 118, Range 22 lying northeasterly of State Highway 55 as now laid out and traveled and lying northwesterly of Osier Addition. Subject to an easement over a 15.0 strip of land lying adjacent to said State Highway 55, to be used for a service road. WHEREAS, the City staff has prepared a development contract covering the improvements related to said plat. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a final plat for Ace Properties, LLC for "Highway 55 Office Condominiums", and, FURTHER, that the development contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the development contract on behalf of the City; and, FURTHER, that the following conditions be met prior to recording of, and related to said plat: 1. The final plat is approved in accordance with the plans received by the City on December 23, 2005, except as may be amended by this contract. Resolution 2006-064 (2005086-F) Page 2 2. Prior to recording the final plat, the applicant shall execute the Development Contract for the public and private improvements, and shall submit the required financial guarantees and fees. 3. A variance was approved to allow a lot area of 0.83 acres, based upon the finding that the applicable variance standards have been met. 4. A variance was approved to allow a parking setback of 9.5 feet from the south lot line, based upon the finding that the applicable variance standards have been met. 5. Development standards shall be as required by the B -C district. No variances are granted or implied, unless specifically noted in this resolution. 6. Any signage shall require separate permits and shall be in conformance with the Zoning Ordinance. One freestanding sign is allowed on the site; not two as shown. 7. No medical/medical office uses (including dental and chiropractic uses) shall be permitted in any unit within the development. 8. Prior to recording the final plat, the applicant shall provide the City with a copy of the CIC (Common Interest Community) documents and any other related association documents for the development. The documents shall address maintenance of the common areas and the prohibition of medical/dental/chiropractic office uses within the project based on the City's parking requirement. 9. All waste and waste containers shall be stored within an enclosure stricture or inside the building. Any dumpster enclosure shall be designed to be compatible with the building, and shall comply with the Zoning Ordinance. 10. No outside storage is allowed on the site. 11. The office condominium units will be addressed off of 45t1' Avenue. 12. The access to the Trunk Highway 55 service road must be removed immediately after one lift of asphalt is placed on 45th Avenue between Old Rockford Road and the development. Revise the plans to show that the access to the Trunk Highway 55 service road will be closed with B612 curb, gutter, and a berm or bollards. 13. Prior to issuance of building permits, the developer shall provide cut sheets for the lighting fixtures that include house side shields. All lighting shall conform to the Zoning Ordinance. 14. No park dedication (or fee in lieu of dedication) is required for this plat. Resolution 2006-064 (2005086-F) Page 3 15. Prior to issuance of building permits, the developer shall revise the site plan to: a. Relocate the handicap parking spaces to the southwest of the present location; b. Extend the sidewalk to the southwest so it nuns the full length of the parking lot. 16. Prior to issuance of building permits, the following items must be completed: a. Submission of a rain garden and retaining wall maintenance agreement. b. Written permission must be obtained from the adjacent property owner in order to grade off-site at the northwest corner of the plat. 17. Standard conditions: a. A 10 foot drainage and utility easement is required along the extension of 45th Avenue, and along the south plat line adjacent to Think Highway 55. A 6 foot drainage and utility easement is required along all other property lines. b. A drainage and utility easement is required for the rain garden to the HWL. c. Minimum floor elevations: 1018.5. d. Two MnDOT type 3 barricades shall be placed at the terminus of 45th Avenue parallel with the east plat line pursuant to City Detail STRT- 15. e. New state law requires that the sanitary sewer service is locatable from above ground. Place a detail on plans showing how this will be done. f. The existing septic system shall be abandoned in accordance with all state and local regulations. A permit is required from Hennepin County. g. The spacing for the 4 inch rain garden pots shall be 24" on center. h. The well must be abandoned in accordance with State Statutes for well abandonment. i. Provide a plan showing the temporary Think Highway 55 service road access and provisions for its removal. j. Removal of all hazardous trees from the property at the owner's expense. Resolution 2006-064 (2005086-F) Page 4 k. No building permits shall be issued until the final plat, development contract, easements, maintenance agreements, and HOA documents are filed and recorded with Hennepin County and proof of recording is received by the City. 1. No building permits shall be issued until a contract has been awarded for sewer and water. m. Prior to the issuance of any building or utility permits, the applicant shall submit fire flow calculations in compliance with City Code and other applicable codes. n. The applicant shall comply with the Ordinance regarding the location of fire hydrants, lock boxes, post -indicator valves, fire department connections, fire lanes, and fire lane signage. o. Directional address signage for the units shall be provided at the Old Rockford Road / 45th Avenue intersection. p. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any Development Contract financial guarantees per City Ordinance. q. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new strictures on sites adjacent to, or containing any open storm water drainage facility. r. Prior to recording the final plat, the applicant shall provide any easements or maintenance agreements identified in the development contract. s. This final plat approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for an additional period, as regulated under Section 512 of City Code. ADOPTED by the City Council on February 7, 2006. Resolution 2006-064 (2005086-F) Page 5 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 February 7, 2006, 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