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Home My WebLink AboutCity Council Resolution 2003-573CITY OF PLYMOUTH RESOLUTION 2003-573 REVISING RESOLUTION 2002-164 FOR APPROVAL OF A SITE PLAN, CONDITIONAL USE PERMITS, INTERIM USE PERMIT, AND A VARIANCE FOR PRINCIPAL LIFE INSURANCE COMPANY FOR A 322- UNIT APARTMENT COMPLEX LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF NATHAN LANE AND 45TH AVENUE NORTH. (20149) WHEREAS, Parkland Company had received approval of a site plan, two conditional use permits, an interim use permit, and variance to allow construction of a 322 -unit apartment complex on property legally described as follows: p�� r��-✓.✓,z , ire eug is e ° ' f',-., Y,n4t . 1=1 di e co�rcT� rr��r v, �rr�rH a a F lie-s-easterly-o€-a-li-ne-drawn-parallel -�nd distort 30 ee we-steely-the-€ollewing-desed tiondi ,m a 4 � , cin f .� 80 5 �- , 'l��wsczcazcir airgrd or fv sc �e o .✓ f � razcczcar u�r r�, yr lel ' ° a 4,° € n+ti��, n �tir4n� � r�r �� f � �,es--ai,,-u�� s �, ems',-�,�, o� s��—��r, � � � r-� r---��,e , tYP � .. � �rrgzra,—i�rirg—s�cacirg ui=v'd "'rirg—sem: ia;r`s ori .s-cr-rT-r-z,�ee a.�rc `° r .r of 246-.3-3-feet-an�ef,-4ennina6ng.- w�,�--ov-irr'rir'a;rcw�s—✓v ,��rirs�s- i r��, �-�z,�-r-r,as ice ; ei f ware-ccr sccis�-�a,'ri ve-c�s�i rc�� 41 4 ! r� hnie n l ! a �Lrcrcrc c., � .tic. - �i 'i� rrir a c.wPit , Lot1 Block 1 Shadow Hills Estates according to the recorded plat thereof, Hennepin County, Minnesota; Resolution 2003-573 (20149) Page 2 WHEREAS, the approved resolution (2002-164) included language preventing the issuance of building permits prior to recording the final 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 replacement resolution for Principal Life Insurance Company for a site plan, conditional use permits, interim use permit, and variance for a 322 -unit apartment complex located in the northeast quadrant of Nathan Lane and 45th Avenue North, subject to the following findings and conditions: A site plan is approved to allow construction of a 322 -unit apartment complex, in accordance with the plans and application received by the City on September 22, 2000 and revisions received on October 25, 2000, and November 7, 2000, except as amended by this resolution. 2. A conditional use „permit is approved �yty�o+�allow qa-t-¢Qhree noh-y--xeepfiien-t&-the-height-i�� 4ation RH-BuMn"�/�Pd-a-tell-fes , t11rA.i A1.1.1.6f1[I 6.i1�4A.ip 6. Jn- e II6.i "Ib CJi o. n"g B, �ia CY.TId Dfive-foot exception to the height limitation for BuildingD, in accordance with the plans and application received by the City on September 22, 2000 and revisions received on October 25, 2000, and November 7, 2000, except as amended by this resolution. A conditional use permit is approved to allow four principal buildings on the same lot, in accordance the plans and application received by the City on September 22, 2000 and revisions received on October 25, 2000, and November 7, 2000, except as amended by this resolution. 4. An interim use permit is approved to allow a reduction in the minimum parking stall requirements until such time as the City documents violations and the permit is rescinded by the City Council, in accordance the plans and application received by the City on September 22, 2000 and revisions received on October 25, 2000, and November 7, 2000, except as amended by this resolution. 5. The applicant shall include rental restrictions to prevent underground and surface parking to be used for storage of recreational vehicles or recreational equipment. 6. The variance to the maximum impervious surface in the Shoreland Overlay is approved, in accordance with the plans and application received by the City on September 22, 2000 and revisions received on October 25, 2000, and November 7, 2000, except as amended by this resolution. 7. The applicant is strongly encouraged to continue working with staff to explore various options to make a portion of the dwelling units affordable. 8. Issuance of building permits for Buildings A and B only may occur prior to the recording of the final plat. The approval of the building permit for Building C is contingent upon the applicant combining the two properties. The approval of a full building permit for Building Resolution 2003-573 (20149) Page 3 D is contingent upon the applicant gaining ownership of the service road abutting the east property line currently under the jurisdiction of the Minnesota Department of Transportation. The applicant may receive a footing and foundation permit for Building D, contingent upon the applicant signing a Hold Harmless Agreement for proceeding without a final plat being recorded. No other building permit for Building D shall be issued until after the final plat is recorded. 9. The issuance of full building permits for Buildings D is contingent upon the applicant gaining ownership of the service road abutting the east property line currently under the jurisdiction of the Minnesota Department of Transportation. If the applicant does not receive all the anticipated land, the project must be modified so that the density for the project does not exceed that specified by the Comprehensive Plan. 10. Prior to the issuance of a grading permit(s) or the recording of final plat, whichever occurs first, the applicant must submit payment in lieu of additional trees beyond those shown on the landscaping plan for the remaining 40 percent restitution ($185,844) required in compliance with the tree preservation regulations. 11. Prior to the issuance of a building permit, the applicant must submit elevation drawings for the approval of the proposed community buildings. 12. If any parking problems occur, the applicant must submit a revised site plan showing up to a maximum of twenty percent of the parking spaces on the site as compact parking. The revised plans must be in conformance with Section 21135.07 of the Zoning Ordinance. 13. All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so to be aesthetically harmonious and compatible with the building. Rooftop equipment over three (3) feet in height shall be screened with durable materials which are aesthetically compatible with the structure. In no case shall wooden fencing be used as a rooftop equipment screen. 14. All signage shall comply with the sign regulations of the Zoning Ordinance. 15. Prior to issuance of building permits, the applicant shall submit an easement document for the sidewalks shown on the plans. 16. Prior to issuance of building permits, the applicant must enter into a pond maintenance agreement with the City. 17. The applicant shall receive the necessary permits from Hennepin County, the DNR, MnDOT, Shingle Creek Watershed Management District, the Army Corps of Engineers and MnPCA prior to beginning grading. Resolution 2003-573 (20149) Page 4 18. Prior to the issuance of building permits or recording the final plat, which ever occurs first, the applicant shall pay park dedication fees -in -lieu of land dedication in accordance with the Dedication Policy in effect at the time. The City Manager shall have the discretion to reduce the fees up to 17 percent if he determines the reduction appropriate by the information provided in the final plans submitted for the amenities on the properties. 19. Standard Conditions: a. Compliance with the City Engineer's Memorandum. b. Submission of the required Financial Guarantee and Site Performance agreement for completion of site improvements within twelve months of the date of this Resolution prior to issuance of building permits. c. Removal of all hazardous trees from the property at the owner's expense. d. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. e. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. f. 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 Sections 21030.06, 21045.09 and 21015.07 of the Zoning Ordinance. g. Compliance with the Ordinance regarding the location of fire hydrants, lock boxes, post - indicator valves, fire department connections, fire lanes, and fire lane signage. h. Prior to issuance of building permits, submission and approval of fire flow calculations. i. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. ADOPTED by the City Council on December 16, 2003. 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 December 16, 2003, 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