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HomeMy WebLinkAboutCity Council Resolution 2009-249CITY OF PLYMOUTH RESOLUTION No. 2009-249 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR CENTEX FOR "ELM CREEK HIGHLANDS" FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PEONY LANE AND SCHMIDT LAKE ROAD (2009046) WHEREAS, Centex has requested approval of a preliminary plat for roughly 80 acres of land presently legally described as follows: The east 1/2 (one-half) of the Northeast quarter (NE '/4) of Section 7, Township 118, Range 22, Hennepin County, MN; 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 MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Centex for a preliminary plat for Elm Creels Highlands, subject to the following conditions: 1. A preliminary plat is approved for the creation of 70 single-family lots for Elm Creels Highlands, in accordance with the plat and plans received by the City on August 6, 14, and 20, 2009, except as may be amended by this resolution. 2. Approval of the preliminary plat is contingent upon City Council approval of the 1) comprehensive plan amendments; 2) rezoning of the site; and 3) the wetland mitigation and replacement plan. 3. Prior to impacting any wetlands or proceeding with grading, the applicant shall install and request inspections of tree preservation fencing and silt fencing. 4. Prior to recording the final plat, the applicant shall submit the required information and revise the plans as indicated below consistent with the City Code, Zoning Ordinance and Engineering Guidelines as may be applicable: a. Payment of the sanitary sewer and watermain assessments as required by City Code at the time the plat is approved. b. Submit the deed for Outlot A. c. The following right-of-way dedication, easements, and agreements shall be shown on the plat or submitted as separate documents as follows: 1) The applicant shall dedicate an additional 10 feet for Schmidt Lake Road along the south property boundary and 60 feet of right-of-way from the centerline of Peony Lane. Res. 2009-249 File 2009046 Page 2 2) Standard drainage and utility easements: 1) five feet from side and rear property lines, except within conservation easement areas and 2) ten feet from front property lines. 3) A 30 -foot drainage easement over the existing drainage way between Olive Court and Merrimac Lane in Block 1. 4) A 20 -foot drainage and utility easement centered on all public utilities outside the public right-of-way. 5) A 20 -foot drainage and utility easement centered on the emergency overland overflow route located between Lots 16 and 17, Block 2. 6) A 20 -foot drainage and utility easement adjacent to the newly dedicated right-of- way for Schmidt Lake Road between Merrimac Lane and the east property line. 7) An unobstructed access easement for maintenance of the pond, volume control basins, wetland mitigation area and for water quality pond's inlets and outlets. The accesses must be 15 feet wide and have a slope of less than ten percent with a 12 -foot wide driving surface capable of supporting maintenance equipment. 8) Drainage and utility easements over all ponds, wetlands and wetland mitigation areas to the 100 -year high water elevation and over the volume control basins. 9) Conservation easements over the three areas proposed for permanent protection. The document shall be written to prohibit all strictures, with the exception of a future trail connecting the Northwest Greenway to Schmidt Lake Road and improvements for drainage and erosion control purposes. 10) An encroachment agreement to allow plantings, to be maintained by the Homeowner's Association, in the right-of-way along Peony Lane and at the intersection of Schmidt Lake Road. 11) A 40 -foot trail easement across the east side of the plat from Outlot A to Schmidt Lake Road. d. Submit disclosure documents notifying potential buyers about the proximity of the Plymouth Gun Club, it hours of operation, and that the hours of operation are subject to change. e. Revise the homeowners' association documents to: 1) Assign responsibility for maintenance and repair of buffers, buffer monuments, retaining walls along Schmidt Lake Road, plantings in the rights-of-way, and sidewalks; 2) Assign responsibility for retaining walls that cross or are adjacent to property lines to the HOA or to the adjacent homeowners; 3) Prohibit strictures or clearing of vegetation from the conservation easement areas and wetland buffers; and 4) Add a statement regarding the proximity of the Plymouth Gun Club, and that discharge of firearms can be heard during daylight hours. f. Revise the grading plan to: 1) Include the wetland buffers and buffer monuments. 2) Identify the 100 -year flood elevation of existing wetlands. 3) Identify the permanent means to prevent erosion in the existing ravines in Block 1. The means shall include low -impact options that have minimal effect of the Res. 2009-249 File 2009046 Page 3 existing significant trees in the ravines. Runoff rates and volumes in the ravines shall not exceed existing conditions. 4) Identify storm sewer inlet protections. 5) Provide a designated concrete trick wash-out area. g. Revise the grading plan and submit a separate description of the following to comply with water resources plan policies: 1) Subject to the requirements of the Elm Creek Watershed, constricted detention ponds should be relied upon to limit runoff to pre -development rates and to control downstream flooding where feasible; natural basins may also be utilized. 2) Minimize increased volumes of runoff due to development by limiting impervious cover and encouraging infiltration of storm water where soil conditions are appropriate. 3) Implement techniques to prevent erosion of existing ravines and drainageways by using alternative landscape techniques and materials to reduce rates and volumes of runoff. 4) Identify all reasonable steps to avoid water quality impacts and mitigate with appropriate best management practices (BMPs), to prevent water quality in receiving waters from falling below established standards. h. Revise the drainage calculations to show that the pond is sized to accommodate the existing runoff from Peony Lane. i. Realign the proposed water quality pond on Lots 8 and 9 of Block 2 to allow for the future expansion of Peony Lane and relocate the overflow channel for the pond to the east. j. Submit a street light and signage plan, including where the "no parking" signs shall be installed on one side of a1124 -foot wide streets. k. Revise the plans to show a southbound left turn lane on Peony Lane at the new street entrance opposite the driveway into Wayzata High School. 1. Revise the utility plans as follows: 1) Consistent with the sketch plan submitted September 9, 2009, show an eight -inch water main extended to the east property line and the sewer line constricted deep enough to accommodate a fi ture gravity extension to the existing lift station in the Conor Meadows subdivision. The water main shall be located south of the existing wetland. 2) Extend a 16 -inch trunk watermain in Peony Lane to the north property line of Lot 9, Block 2. m. Revise the street names as follows: 1) Change Peony Circle to Olive Lane. 2) Change Olive Court to Merrimac Court. 3) Change Merrimac Circle to Merrimac Lane. n. Submit fire flow calculations for 1) the entire development and 2) for the first addition. o. Add a hydrant to the south end of Peony Circle and revise hydrant locations as necessary to accommodate the new hydrant. Alternatively, the applicant may relocate Res. 2009-249 File 2009046 Page 4 the hydrant at the intersection of Schmidt Lake Road and Peony Lane to Peony Circle. 5. Prior to any grading, installation of utilities or constriction, the applicant shall obtain the necessary, applicable permits and approvals as follows: DNR, MPCA, Minnesota Department of Health, Wetland Conservation Act, Elm Creek Watershed Management Commission, Army Corp of Engineers, NPDES, Hennepin County, and MCES. 6. The trail along Peony Lane shall be constricted with the first addition and the trail along Schmidt Lake Road shall be completed with the second addition. 7. The sidewalks along all local streets shall be installed at the same time as the streets and utilities. 8. All lowest floor elevations shall be a minimum of two feet higher than the calculated 100 - year high water elevation of adjacent ponds or wetlands. Additionally, the lowest building opening where storm water may enter (door or window) shall be a minimum of 18 inches higher than the overland overflow. 9. Should field adjustments to the tree preservation fencing result in additional impact, the impact shall require review as outlined in Section 530.19 of City Code. 10. A geotechnical report to address wetland fill shall be provided in conjunction with submittal of the building permit for the homes on Lots 22, 23, 28, and 29 of Block 2, as shown on the preliminary plat. The report shall be prepared by a certified engineer licensed by the State of Minnesota. 11. Standard Conditions: a. No building permits shall be issued until the final plat, the HOA documents, all easements, and agreements are filed and recorded with Hennepin County and proof of recording is submitted to the City. b. Any signage shall comply with the City's signage regulations. c. Building permits are required for retaining walls 48 inches in height or higher. Additionally, a fence shall be installed at the top of retaining walls that exceed four feet in height. d. Retaining walls in drainage and utility easements should be avoided where possible. Installation of a retaining wall in drainage and utility easements shall require an encroachment agreement. e. Compliance with the City's tree preservation regulations. f. Removal of all hazardous trees from the property at the owner's expense. g. 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 Res. 2009-249 File 2009046 Page 5 or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 510 of City Code. APPROVED THIS 13TH DAY OF OCTOBER, 2009. 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 October 13, 2009 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