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6.5. SR 03-16-1998'ity of River MEMORANDUM Item #6.5. TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner~~ March 16, 1998 Request by Royal Oaks Realty for Final Plat Approval (Riverplace), Case No. P 97-15 Issue Consider Resolution No. 98-__, granting final plat approval for Riverplace, creating 59 single family lots, one outlot and a 1.8 acre park. Location North of U.S. Highway 10 along Queen Avenue Mignment (immediately east of Custom Motors). Zoning/Land Use Rlb (Single Family Residential) /MR (Medium Density Residential) Attachments Final plat for Riverplace · Resolution No. 98-__ · Minutes from the City Council meeting dated November 17, 1997 Overview The final plat has been prepared in accordance with the preliminary plat as approved by the City Council on November 17, 1997. The plat includes approximately 40 acres of which 26 has been considered buildable and lies south of the Elk River and north of Highway 10 frontage road. The plat includes 59 single fatally lots along with the 1.8 acre park as recommended by the City Council. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo/Mayor and Council/P 97-15 March 16, 1998 Page 2 Park Dedication To satisfy the park dedication requirements the developer has dedicated 1.8 acres of land which satisfies 69% of the park dedication requirements. The remaining 31% would be calculated based on the cash requirement ($650.00 per lo0 which equals $11,888.00. The developer will also be required to install a ten foot wide bituminous path along the frontage road as this is part of the overall pedestrian plan. In completing this improvement, the City's policy has been to credit a developer's cash dedication with a $10 per lineal foot payment for the trail construction. Summarizing the park dedication requirements, the following is required: Land- 1.8 acres Cash - $6,388.00 Landscaping Along Highway 10 and the West Project Limits The developer does not have a landscaping plan put together at this time, however is prepared to provide the City a complete landscape plan prior to releasing the final plat for recording. The landscaping plan will consist of a massing of conifer trees along the south project limits to provide an effective buffer to Highway 10. The west property limits will include a mixture of pine trees and birch and other plants that will accomplish the necessary screening along Custom Motors. This landscaping is the developer's responsibility and shall be installed prior to releasing any financial guarantees posted for installation of the improvements. Outlot A Outlot A is a 14 acre parcel that basically includes the Elk River and possibly some upland areas when the river is at its low stage. At this time, the ouflot will remain in the developer's name, however, there does not seem to be any opportunity for further development of Outlot A. If this parcel is to go tax forfeit in the future, the City will have an opportunity to decide whether it fits in to their recreation and open space plans. The Park and Recreation Commission had discussed this, however, was not prepared to give any park dedication credit for an area that is, for the most part, unusable other than for open space. \\elkriver\sys\shrdoc\councfl\p97-15.doc Memo/Mayor and Council/P 97-15 March 16, 1998 Page 3 Recommendation It is recommended the City Council approve Resolution No. 98-__, granting final plat approval for Royal Oaks Realty to create 59 single family lots with the following conditions: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF ALL THE IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997, BE ADDRESSED AND INCORPORATED INTO THE PLANS. DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER CONNECTION FEES. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $8,123.71 BE PAID PRIOR TO RECORDING THE PLAT. PARK LAND IN THE AMOUNT OF 1.8 ACRES BE DEDICATED WITH THE BALANCE OF THE PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH IN THE AMOUNT OF $11,888.00. THE 1.8 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY PONDING AREA. A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMITTED PRIOR TO RELEASING THE PLANT FOR RECORDING. 8. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE. A COMPLETE GRADING, DRAINAGE, AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. 10. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 11. APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS THEIR REQUIREMENTS. 12. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT. 13. A DEVELOPOMENT PLAN BE PROVIDED, REVIEWED, AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. \\e]kriver \sys\shrdoc\council\p 97-15.doc Memo/Mayor and Council/P 97-15 March 16, 1998 Page 4 14. 15. 16. 17. THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL REQUIREMENTS OF THESE ORIDNANCES BE MET. EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER. THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO ENSURE THE FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET. ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE TIME OF CERTIFICATE OF OCCUPANCY. \\elkriver\sys\shrdoc\council\p97-15.doc NOTE: LOT AREAS ALONG THE RIVER ARE MEASURED TO ~HE ASSUMED ORDINARY HIGH WATER RIVERPLA CE ................................................ CITY OF-ELK RIVER SHERBURNE COUNTY, MINNESOTA (SQUARE FOOTAGE MAP) / ~" I 1.3,670 S.r. / ! ~.~ / ~, 18,851S.F. Jl 14 21 ~ 25.202 s.F. 12.002 S.F. 15,728 S.F. 599,760 (13.77 ACRES) ~ ~5fi ~o 12.~2 S.F, ~ 14,~8 S.F.  16 19 ~--~ ~ ~ 1 ~,165 S.F. 17 ~ ~ 1B,2t9 S.F. 13,522 Sr 16,579 S.F. outLOT 8 19,14.3 SF. 7 49,052 S.F. 17,646 S.F. Q U E E N P~RK 82,190 S.F. (1.88 ^CR~S) 1 13,2,30 S.F. 15,246 S.F. 6 13,372 SF. 5 1.3.273 S.F. 4 16,591 S.F. $ T MIDWEST Land SurveTors & Civil Engineers, /nc. D R I V E N W. 8 9 I0 I1 12 I$ 14 13.945 S.F. 12,963 SF 12,001 5.F. 12,002 s.r.' 12,001 S.F. 12,002 S.F. 12,001 S.F. 7 6 5 4 3 2 I 13,500 S.F. 12.001 S.F. 12.002 S.F. 12.001 S.F. 12.001 S.F. 12.002 S.F. ~3,648 S.F. R E E T N W RESOLUTION NO. 98 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: RIVERPLACE Case No. P 97-15 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on November 17, 1997; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: It is hereby determined by the City Council for the City of Elk River as follows: The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. Bo The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. Co The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. Do The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. Eo The proposed subdivision will not cause substantial environmental damage. Fo The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. Go The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recOrding with the City. No building permits will be issued for the Property until the final plat is recorded. o This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: \\elkriver\sys\shrdoc\document\resoluti\p97-15.doc WHEREUPON the resolution is adopted. Passed and adopted this __ day of ., 1998. Henry Duitsman, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on ., 1998. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ., 1998. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 1998, by Henry Duitsman, Mayor, City of Minnesota. Elk day of River, Notary Public \\elkriver\sys\shrdoc\document\resoluti\p97-15. doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 1998, by Sandra Thackeray, City Clerk, City of Elk Minnesota. day of River, Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 \\elkriver\sys\shrdoc\document\resoluti\p97-15.doc EXHIBIT A The East Half of the West Half of the Northeast Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota. \\elkriver\sys\shrdoc\document\resoluti\p97-15. doc o o 10. 11. 12. 13. 14. 15. EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF ALL THE IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997, BE ADDRESSED AND INCORPORATED INTO THE PLANS. DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER CONNECTION FEES. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $8,123.71 BE PAID PRIOR TO RECORDING THE PLAT. PARK LAND IN THE AMOUNT OF 1.8 ACRES BE DEDICATED WITH THE BALANCE OF THE PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH IN THE AMOUNT OF $11,888.00. THE 1.8 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY PONDING AREA. A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMITTED PRIOR TO RELEASING THE PLANT FOR RECORDING. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE. A COMPLETE GRADING, DRAINAGE, AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS THEIR REQUIREMENTS. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT. A DEVELOPOMENT PLAN BE PROVIDED, REVIEWED, AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL REQUIREMENTS OF THESE ORIDNANCES BE MET. EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER. \\elkriver\sys\shrdoc\documentXresoluti\p 97-15.doc 16. 17. THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO ENSURE THE FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET. ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE TIME OF CERTIFICATE OF OCCUPANCY. \\elkriver \sys\shr do c\document\resoluti\p 9 7 - 15. doc City Council Minutes November 17, 1997 Page 9 6.5. IF A HOME IS NOT BUILT ON NEW LOT WITHIN 3 YEARS THAT THE ACCESSORY STRUCTURE BE REMOVED. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request for Preliminary Plat Approval by Royal Oaks Realty, Public Hearing, Case No. P 97-16 Steve Ach indicated that Royal Oaks Realty is requesting a preliminary plat to subdivide 40 acres into 59 single family lots located north of Highway 10 along Queen Avenue alignment. Steve Ach reviewed the staff report on this issue which included a recommendation from the Park and Recreation Commission and Planning Commission. Mayor Duitsman opened the public hearing. Mike Black, of Royal Oaks Realty, addressed several concerns he had with the recommendations from staff. He questioned why the city is collecting fees for road development of a county road. He stated that he would hesitate to put up a financial guarantee if the roadway is not built in a reasonable amount of time. Mr. Black addressed the issue of park dedication. He indicated that he would prefer not to lose lot 7 to park dedication, however they are willing to go along with the Council's decision. There being further comments matter Mayor Duitsman closed the public hearing. Councilmember Holmgren felt that the although the Park and Recreation Commission is recommending 2 acres of park dedication, 1.88 acres was close enough to 2 acres. Councilmember Dietz indicated that he would like to see the entire 2 acres dedicated to park land as the Commission could have recommended 2.6 acres. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT FOR RIVERPLACE REQUESTED BY ROYAL OAKS REALTY WITH THE CONDITIONS OUTLINED IN STAFF'S 11-17-97 MEMO INCLUDING THE STIPULATION THAT PARK DEDICATION BE 2 ACRES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION FAILED 2-3. MAYOR DUITSMAN , COUNCILMEMBER FARBER , COUNCILMEMBER HOLMGREN OPPOSED. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR RIVERPLACE REQUESTED BY ROYAL OAKS REALTY WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF ALL THE IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997, BE ADDRESSED AND INCORPORATED INTO THE PLANS. City Council Minutes November 17, 1997 Page 10 o o 10. 11. 12. 13. 14. 15. 16. DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER CONNECTION OR ELECTRIC FEES. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT. PARK LAND IN THE AMOUNT OF 1.88 ACRES BE DEDICATED WITH THE BALANCE OF THE PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH. THE 1.88 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY PONDING AREA. A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMrI'I'ED ALONG WITH THE FINAL PLAT. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE. A COMPLETE GRADING, DRAINAGE AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS THEIR REQUIREMENTS. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT. A DEVELOPMENT PLAN BE PROVIDED AND REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. THE PLAT SHALL BE REDESIGNED TO INCREASE THE REAR YARD AREA BEHIND LOTS 1 THROUGH 6, BLOCK 4 AND LOTS 13 THROUGH 22, BLOCK 5. THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL REQUIREMENTS OF THESE ORDINANCES BE MET. EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER. THIS EROSION CONTROL SHALL BE DONE IN COORDINATION WITH THE DNR AND CITY. City Council Minutes November 17, 1997 Page 11 6.6 17. THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO INSURE THE FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET. 18. ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE TIME OF CERTIFICATE OF OCCUPANCY. 19. LOT 13, BLOCK 5 SHALL BE MODIFIED TO REMOVE THE NARROW EXTENSION TO THE RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2 COUNCILMEMBER DIETZ AND COUNCILMEMBER THOMPSON OPPOSED. Councilmember Dietz and Councilmember Thompson opposed due to the park dedication issue. They both preferred to see o complete 2 acres dedicated as park land. Consider Ordinance Amendment to the Manufactured Home Closinq Section of the Ordinance, Public Hearinq Case No. 97-14 Steve Ach explained that the section of the Mobile Home ordinance that is proposed to be amended relates to the time in which residents should be paid prior to the actual closing of the park or its conversion to another use. The existing ordinance allows 60 days. The new ordinance allows for 90 days. Steve Ach indicated that the Planning Commission recommended approval of this amendment. City Attorney David Sellergren suggested that the last sentence in proposed ordinance be amended to read as follows: "Such compensation shall be paid to the displaced residents no later than ninety (90) days prior to the earlier of the closing of the park or its conversion to another use." Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-22 AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE CASE NO. OA 97-14. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. & 6.8. Request by City of Elk River for Ordinance Amendment Reqardinq Uses in the C-1 and C-2 Zoninq Districts, Public Hearinq No. OA 97-11 and OA 97-13 City Planner Steve Ach indicated that the City of Elk River is requesting an amendment to the zoning code that would eliminate multi-family dwellings, townhouses and two family dwellings as allowed uses in the C-2 (Office District)