HomeMy WebLinkAboutCity Council Resolution 2009-251CITY OF PLYMOUTH
RESOLUTION No. 2009-251
A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR CENTEX
HOMES FOR "ELM CREEK HIGHLANDS" FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF PEONY LANE AND SCHMIDT LAKE ROAD (2009046)
WHEREAS, Centex Homes has requested approval of a final plat and development contract for
the first nine lots on this roughly 80 acres of land located at the northeast corner of Peony Lane
and Schmidt Lake Road;
WHEREAS, the property is 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 City Staff has prepared a development contract covering the improvements
related to said plat.
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 Homes for a final plat for Elm Creels Highlands; and
FURTHER, that the development contract for said plat be approved, and that upon prior
execution of the development contract by the developer, the Mayor and City Manager be
authorized to execute the development on behalf of the City; and,
FURTHER, that the following conditions be met prior to recording of, and related to said plat;
1. A final plat is approved for the creation of nine lots for single-family homes and 2 outlots to
be called 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 final plat is contingent upon City Council approval of the 1) comprehensive
plan amendments; 2) rezoning of the site; 3) preliminary plat; and 4) 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:
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a. Correct the reference to the Shoreland District from "300 -foot Shoreland District
Buffer" to "300 -foot Shoreland District Boundary".
b. Payment of the sanitary sewer and watermain assessments as follows:
1) Watermain area charges of $10,539.75.
2) Sewermain area charges of $2,840.50.
c. Submit the deed for Outlot A.
d. 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.
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 20 -foot drainage and utility easement centered on all public utilities outside the
public right-of-way, including, but not limited to, the watermain between Olive
Lane and Schmidt Lake Road.
4) A 20 -foot drainage and utility easement centered on the sanitary Sewermain
between the proposed plat and the Elm Creek Interceptor.
5) 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 access 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.
6) 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.
7) Conservation easements over the ravine areas proposed for permanent protection
in Block 1. The document shall be written to prohibit all strictures, with the
exception of improvements for drainage and erosion control purposes.
8) 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.
9) Label the westerly boundary and reference the existing plat for Wayzata High
School.
e. Alter the landscaping plan to: 1) indicate sod instead of seed in the public right-of-
way between Peony Lane and Olive Lane and Schmidt Lake Road and Olive Lane
and 2) include screening consistent with the sketch received September 3, 2009.
f. Submit disclosure documents notifying potential buyers about the proximity of the
Plymouth Gun Club, its hours of operation, and that the hours of operation are subject
to change.
g. Revise the homeowners' association documents to:
1) Assign responsibility for maintenance and repair of buffers, buffer monuments,
conservation monuments, retaining walls along Schmidt Lake Road, plantings in
the rights-of-way, and sidewalks;
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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, mowing, 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.
h. Revise the grading and erosion control plans to:
1) Include the wetland buffers and buffer monuments.
2) Include conservation monuments consistent with the spacing requirements of
wetland buffer monuments in Section 21670 of the Zoning Ordinance.
3) Include a specification for the conservation monuments similar to plate ST -27.
The applicant shall be responsible for acquiring the metal plate.
4) Identify the 100 -year flood elevation of existing wetlands and Elm Creek.
5) Identify and install means to prevent erosion in the existing ravines in Block 1.
The means shall include low -impact options that have minimal effect of the
existing significant trees in the ravines. Runoff rates and volumes in the ravines
shall not exceed existing conditions.
6) Identify storm sewer inlet protections.
7) Provide a designated concrete trick wash-out area.
8) Grading for 51st Avenue and for Lots 1 and 2 of Block 1 will extend beyond the
grading limits shown on the plans. The grading plan must be revised to show this.
Additional erosion control is required at the east end of 51st Avenue.
9) The grading plan does not indicate whether the proposed retaining wall along
Schmidt Lake Road will be constricted with the plat. A portion of the wall is
within the proposed grading limits.
10) Backyard swales must have grades of at least 1.75%.
11) The erosion control plan must include the sanitary sewer constriction along
Peony Lane and must address the sewer crossing of Elm Creek.
12) Realign the proposed water quality pond on Lots 8 and 9 of Block 2 to allow for
the fiiture expansion of Peony Lane and relocate the overflow channel for the
pond to the east.
13) Add the following notes: 1) "All new storm sewers shall be inspected by the
Engineering Division. Call 763.509.5500 a minimum of 48 hours in advance to
schedule an inspection." 2) "All new main line storm sewers shall be video
inspected at the owner's expense, and a CD/DVD shall be provided to the City."
i. 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.
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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.
j. Revise the drainage calculations to show that the pond is sized to accommodate the
existing runoff from Peony Lane.
k. Submit a street light and signage plan, including where the "no parking" signs shall
be installed on one side of a1124 -foot wide streets.
1. 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.
m. Revise the utility plans as follows:
1) Add a hydrant to the south end of Olive Lane and revise hydrant locations as
necessary to accommodate the new hydrant. Alternatively, the applicant may
relocate the hydrant at the intersection of Schmidt Lake Road and Peony Lane to
Olive Lane.
2) Sanitary sewer service wye locations and elevations shall be shown on the plans.
3) High density polyethylene extruded (HDPE) adjusting rings are required for all
manhole strictures.
4) Trash guards shall be installed on storm sewer flared end sections (FES) and shall
be a maximum of 24 inches in diameter.
5) The City requires all below grade nuts, bolts and rodding to comply with the
American Society for Testing and Materials (ASTM) F593 Type 316 stainless
steel for all fittings, hydrants and gate valves. Refer to City specifications. This
may be a special order for the hydrants and gate valves.
6) Compression fittings are required for all copper services. Refer to City
specifications.
7) Sanitary sewer manholes along Peony Lane must have a rim elevation at least 2
feet above the flood plain elevation of Elm Creek and adjacent wetlands.
8) A detour plan is required for the closure of Peony Lane to install the sanitary
sewer crossing.
9) Show excavation limits and restoration plan for sewer crossing of Peony Lane.
10) Cast iron charcoal grey coated truncated dome panels shall be used for all
pedestrian ramps. Pedestrian ramps are required for both concrete sidewalks and
bituminous trails.
11) Revise the street names to rename Peony Circle to Olive Lane.
n. Submit fire flow calculations for 1) the entire development and 2) for the first
addition.
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.
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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. Only one building permit shall be issued on any one local street prior to the
installation of sidewalks.
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. 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 two years 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 Section 510 of City Code.
APPROVED THIS 13TH DAY OF OCTOBER, 2009.
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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