07-0402R


RESOLUTION APPROVING A C-5 PLAN TO GOLF PROPERTIES II, LLC, FOR PROPERTY LOCATED ON MAPLE GROVE ROAD.

BY COUNCILOR STAUBER:

     RESOLVED, that approval is hereby granted to allow construction of a 14,510 square foot, two story commercial building, parking and stormwater ponds on property located on Maple Grove Road and legally described as follows:

           N1/2 of the NW1/4 of the NW1/4 of the NW1/4, Section 19, Twp 19N, Rng 14W, except the west 548.35 feet.

     RESOLVED FURTHER, that approval is subject to the following conditions:

     (a)  That the project be limited to, constructed and maintained according to the following documents prepared by BDP Architects and submitted as part of the application for C-5 plan approval by Golf Properties II, LLC, and on file with the department of planning as File No. 07004:

           (1)  Proposed site plan dated 05-14-2007;

           (2)  Proposed landscape plan dated 05-14-2007;

           (3)  Building elevations of the north, south, east and west;

           (4)  Proposed site lighting plan dated 03-21-2007, including light fixtures specified;

           (5)  Off premises sign detail dated 03-22-2007;

           (6)  Prepared by Bocht Engineering “Golf Properties Site Plan” and Golf Properties Utility Plan”; and

     (b)  That the applicant provide the following documents to the director of planning before building permits are issued:

           (1)  Agreements that meet the city attorney’s approval memorializing the designation of the 16 parking stalls on the Cellular One site to the Golf Properties II site and that these stalls are not to be counted toward off street parking for the Cellular One site;

           (2)  Agreements that meet the city attorney’s approval memorializing the designation of the 17 parking stalls on the Share Advantage Credit Union site to the Golf Properties II site and that these stalls are not to be counted toward off street parking for the credit union site;

           (3)  A cross easement agreement granting the Golf Properties II site access to the 16 parking stalls on the Cellular One site as well as the 13 stalls along the Golf Properties II building;

           (4)  A cross easement agreement granting the Golf Properties II site access to the 17 parking stalls on the credit union site as well as access to the new driveway;

           (5)  Provide written documentation that the applicant has initiated the process of altering the plat restriction on driveways onto Maple Grove Road from the property.

     RESOLVED FURTHER, that the action of the planning commission is reversed.


STATEMENT OF PURPOSE:  This matter is before city council upon the applicant’s appeal of the planning commission’s denial of its C-5 plan. The council has appellate jurisdiction pursuant to Duluth City Code 50-140(c). This resolution reverses the action of the planning commission, approves the plan and incorporates the conditions recommended by the staff of the planning department.


The action deadline is June 13, 2007.