HomeMy WebLinkAboutCity Council Resolution 2002-225CITY OF PLYMOUTH
RESOLUTION 2002-225
APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND INTERIM USE
PERMIT FOR DOMINIUM DEVELOPMENT AND ACQUISITION LLC, FOR
PROPERTY LOCATED NORTH OF HIGHWAY 55 AND EAST OF WEST
MEDICINE LAKE DRIVE (2001073)
WHEREAS, Dominium Development and Acquisition, LLC has requested approval of a
site plan, conditional use permit, and interim use permit for a 130 -unit apartment
development located on the 15-5 acre site legally described as follows:
PARCEL A
All that part or portion of the northeast quarter of the northeast quarter of Section 35,
Township 118, Range 22 lying easterly of the center of the West Medicine Lake Road as
now laid out and southerly of the south line of registered land survey No. 1008, except the
east 30.0 feet of the south 497.00 feet thereof, and except that part thereof described as
follows:
Commencing at the southwest corner of said quarter -quarter; thence east along the south
line thereof a distance of 727 feet; thence left at an angle of 104 degrees, 15 minutes a
distance of 138 feet to the place of beginning of the tract to be excepted; thence
continuing on the last described course a distance of 60 feet; thence left at an angle of 90
degrees a distance of 225 feet more or less to the center lane of West Medicine Lake
Road; thence southeasterly on the centerline of said West Medicine Lake Road a distance
of 61.8 feet to its intersection with a line drawn from the point of beginning parallel with
the north line of the trace herein excepted; thence E northeaster, a distance of 210 feet
more or less at the place of beginning.
Resolution 2002-225
(2001073)
Page 2
PARCEL B
That part of the northeast quarter of the northeast quarter of Section 35, Township 118,
Range 22, described as follows:
Commencing at the southwest corner of said quarter -quarter; thence east along the south
line thereof a distance of 727 feet; thence left at an angle of 104 degrees, 15 minutes a
distance of 138 feet to the place of beginning of the tract to be conveyed; thence
continuing on the last described course a distance of 80 feet; thence left at an angle of 90
degrees a distance of 225 feet more or less to the center line of West Medicine Lake
Road; thence southeasterly on the centerline of said West Medicine Lake Road a distance
of 81.8 feet to its intersection with a line drawn from the point of beginning parallel with
the north line of the tract herein excepted; thence E northeaster, a distance of 210 feet
more or less at the place of beginning.
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 Dominium Development and Acquisition, LLC for a site plan, conditional use
permit, and interim use permit for property located north of Highway 55 and east of West
Medicine Lake Drive, subject to the following conditions:
A site plan is approved for a 130 -unit apartment development, in accordance with the
application and plans received by the City on April 12, except as amended by this
resolution.
2. This approval is contingent upon prior City Council approval of the wetland mitigation
plan for the project.
A conditional use permit is approved to allow increased building height of 34 feet,
with the finding that 1) the additional setback required for the proposed height would
be provided, 2) the building would not limit solar access to neighboring properties, and
3) the applicable general standards are met.
4. An interim use permit for reduced parking is approved to allow installation of 261
parking spaces rather than 325 parking spaces, with the finding that all applicable
interim use permit standards are met. If a parking shortage is observed on the site, the
City may require the development to constrict additional parking spaces on the site.
The lease documents for this development shall prohibit on-site storage of recreational
vehicles.
Resolution 2002-225
(2001073)
Page 3
6. This approval is contingent upon City Council approval of the final plat, and no
building permits shall be issued until the final plat is recorded.
7. All waste containers shall be stored within the building.
8. Prior to issuance of building permits, wetland buffer monumentation shall be installed,
consistent with Section 21670.07 of the Zoning Ordinance.
9. Prior to issuance of building permits, the applicant shall enter into a pond maintenance
agreement with the City for maintenance of the water quality ponds.
10. The developer shall provide a financial guarantee for maintenance of the extraordinary
management measures.
11. Prior to issuance of building permits, the developer shall submit a revised landscape
plan that complies with the requirement that 15 percent of the trees be a long-lived
species measuring at least 3.5 inches in diameter.
12. Prior to issuance of building permits, the developer shall assess the noise situation and
incorporate whatever noise mitigation measures are necessary (e.g., extra wall
insulation, ridge vents, triple -pane windows, etc.) to ensure compliance with state
noise standards.
13. This resolution approves a variance to the Fire Code requirement for a fire lane within
50 feet of all sides of the building, subject to the conditions listed in the Fire
Inspector's Memo dated April 22, 2002.
14. Standard Conditions:
A. Compliance with the City Engineer's Memorandums.
B. 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.
C. Compliance with the tree preservation regulations.
D. Prior to issuance of building permits, submission of the required Financial
Guarantee and Site Performance Agreement for completion of site improvements
within twelve months of the date of this Resolution.
E. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
F. Compliance with the Ordinance regarding the location of fire hydrants, lock boxes,
fire lanes, and fire lane signage.
Resolution 2002-225
(2001073)
Page 4
G. 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.
H. The City requires reproducible mylar prints of the sanitary sewer, water service,
and storm sewer As-builts prior to releasing the financial guarantee.
L Prior to filing the final plat, the developer shall provide payment of park dedication
fees -in -lieu of land dedication according to the dedication ordinance in effect at the
time of filing the final plat.
J. Compliance with regulations regarding handicapped parking spaces and access.
ADOPTED by the City Council on May 14, 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 May 14, 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