HomeMy WebLinkAboutCity Council Resolution 2002-164CITY OF PLYMOUTH
RESOLUTION 2002-164
REPLACING RESOLUTION 2001-260 FOR APPROVAL OF A SITE PLAN,
CONDITIONAL USE PERMITS, INTERIM USE PERMIT, AND A VARIANCE FOR
SAND COMPANIES, INC. FOR A 318- UNIT APARTMENT COMPLEX LOCATED AT
THE NORTHEAST QUADRANT OF THE INTERSECTION OF NATHAN LANE AND
45TH AVENUE NORTH. (20149)
WIffiREAS, Sand Companies, Inc. had received approval of a site plan, two conditional use
permits, an interim use permit, and variance to allow constriction of a 318 -unit apartment
complex on property legally described as follows:
That part of the East 1035.59 feet, as measured at right angles to the east line of the south half of
the south half of the southeast quarter of Section 12, Township 118, Range 22, according to the
Government Survey thereof, lying south of the north 125.00 feet thereof. Except that part which
lies easterly of a line drawn parallel with and distant 30 feet westerly of the following described
line: Beginning at the southeast corner of said Section 12, thence north along the east line of
said section a distance of 610.18 feet; thence west at an angle of 90 degrees a distance of 180.5
feet to the actual point of beginning of the line to be described; thence deflect left at an angle of
90 degrees and run south parallel with the east line of said Section for a distance of 171.48 feet;
thence deflect right along a tangential curve having a radius of 3819.72 feet (delta angle 3
degrees 48 minutes 50 seconds) a distance of 254.26 feet; thence tangent to said curve a distance
of 246.33 feet and there terminating.
and,
Outlot C, Drakeland Business and Technical Center, according to the recorded plat thereof,
Hennepin County, Minnesota;
WIffiREAS, the approved resolution (2000-260) included language preventing the issuance of
building permits prior to recording the final plat;
Resolution 2002-164
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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 Sand Companies, Inc. for a site plan, conditional use permits, interim use permit,
and variance for a 318 -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 constriction of an 318 -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 to allow a three inch exception to the height limitation
for Building A, and a ten foot, three inch exception to the height of Buildings B, C, and D, 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 the building permits for Buildings
C and 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
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Transportation. The applicant may not receive a building permits for Buildings C and D until
after the final plat is recorded.
9. The issuance of building permits for Buildings C and 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 stricture. 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.
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.
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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 constriction 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 I I 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 April 9, 2002.
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 April 9, 2002, 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