HomeMy WebLinkAboutCity Council Resolution 2021-169
C ITY OF P LYMOUTH
R ESOLUTION N O. 2021-169
R ESOLUTION A PPROVING A P RELIMINARY P LAT FOR ROUGHLY 4.82 ACRES
LOCATED AT 5650 V AGABOND L ANE (2021-009)
WHEREAS, Bald Eagle Builders, Inc. has requested approval of a preliminary plat for property
presently legally described as follows:
That part of the West 895 feet of the North 922 feet of the Northeast Quarter of the
Southwest Quarter lying Easterly of a line from a point on the South line of said North 922
feet distant 631.56 feet east from the Southwest corner of said West 895 feet of the North
922 feet, to a point on the East line of said West 895 feet distant 587 feet South from the
Northeast corner of said West 895 feet of the North 922 feet of Section 6, Township 118,
Range 22.
AND
That part of the North 922 feet of the Northeast Quarter of the Southwest Quarter lying
East of the West 895 feet thereof, and South of a line drawn East parallel with the North
line of said Northeast Quarter of the Southwest Quarter from a point on the East line of
said West 895 feet distant 587 feet South from the Northeast corner of said West 895
feet of Section 6, Township 118, Range 22.
AND
The South 71 feet of the North 993 feet of the East 659 feet of the Northeast Quarter of
the Southwest Quarter of Section 6, Township 118, Range 22.
Together with the benefits contained in Declaration of Non-Exclusive Perpetual Private
Roadway and Utility and Drainage Easements dated October 30, 1981, filed December 24,
1981 as Document Number T1452492 and First Amendment to Declaration filed July 17,
1987 as Document Number T1852332.
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing.
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 Bald Eagle Builders, Inc. for a
preliminary plat, subject to the following conditions:
1. A preliminary plat is approved to allow a residential development with 13 single-family lots (12 lots
for new homes and 1 lot for an existing home to remain), in accordance with the plans received by
the City on April 21, 2021, except as may be amended by this resolution.
2. Approval of the preliminary plat is contingent upon approval of the request to rezone the site to RSF-
3 (single-family detached 3).
Resolution 2021-169
File 2021-009
Page 2
3. Prior to commencement of any grading operations or tree removal, the developer shall:
a. Provide topographic survey and modeling data of any wetlands, low laying areas, and outlet pipes
located between the secondary driveway (that provides access to an accessory building) on
property at 5700 Vagabond Lane and Troy Lane, to verify that there would be no adverse effects
to said driveway. Absent of such verification, consistent with Section 524.09, Subd. 3.B.2 of the
Plymouth City Code, the developer shall obtain and record with Hennepin County public Drainage
Easement(s) from the owners of 5700 Vagabond Lane to ensure that the stormwater runoff
discharged from the proposed development site is fully within new Drainage Easement(s),
ensuring drainage is continually within Drainage Easement(s) across 5700 Vagabond Lane, in the
area between the proposed development site and the existing drainage easement encompassing
the wetland on the north end of 5755 Vagabond Lane. At no point shall said Drainage Easement(s)
be less than 15 feet wide. Additionally, said Drainage Easement(s) shall be of adequate width to
encompass calculated flows during a 100-year rainfall event throughout. No encroachment of
physical structures that do not aid in surface drainage shall be permitted with said Drainage
Easement(s). Said Drainage Easement(s) shall be in a form as required by the City Attorney.
b. Install and request inspection of tree preservation fencing and silt fencing.
c. Provide evidence that the existing well has been properly sealed in accordance with the
regulations of the Minnesota Department of Health and that the existing septic system has
properly removed in accordance with Hennepin County regulations, if such features are located
in the area to be graded.
4. Watershed review and approval is required upon submission of final plans.
5. Prior to recording the final plat, the developer shall:
a. Receive city approval of final construction plans, including those related to drainage and
treatment of runoff.
b. Provide an encroachment agreement where developer-installed retaining walls, as identified with
the final plat application, would lie within drainage and utility easements.
c. Execute the development contract and provide the related financial guarantees and fees.
d. Pay the required park dedication fee.
e. Obtain approval for the proposed minor wetland impact.
f. Provide a 10-foot wide trail easement along the east side of all lots abutting Troy Lane.
6. If there would be a homeowner’s association (HOA), the developer shall submit HOA documents for
City review in conjunction with submittal of the final plat application. Any such HOA documents shall
address: a) responsibilities for maintenance, repair, and eventual replacement of any subdivision
signage, developer-installed retaining walls and fencing, any back yard drainage tile (which are private
facilities), and other similar or common features; and b) prohibition of residential/private yard fences
in drainage and utility easement that have pipes located within them.
7. No fencing shall be placed in drainage and utility easements that have pipes located within them.
8. A separate demolition permit is required to remove building structures.
Resolution 2021-169
File 2021-009
Page 3
9. The existing home that would remain of the site must be connected to City water and sanitary sewer.
A separate water and sewer permit is required for this connection, including payment of the sewer
availability charge (SAC) fee.
10. Standard Conditions:
a. No building permits shall be issued until the final plat is recorded, the streets (including curb and
gutter installation) needed for access to lots where permits are requested are paved with the first
lift of asphalt, and the sewer and water service utilities are tested and approved by the city
engineer/designee.
b. Any signage shall require a separate sign permit, if required.
c. Any rear lot or side lot private draintile pipe and structures must be in a drainage and utility
easement.
d. All building low floors shall be at least two feet higher than adjacent pond high water level.
e. All low openings must comply with 1.5 foot emergency overflow requirement
f. Compliance with all fire codes, including those for hydrant locations.
g. Submission of fire flow calculations with the final plat application.
h. 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.
i. Compliance with the city’s tree reforestation regulations.
j. Removal of all hazardous trees from the property at the owner's expense.
k. No trees shall be planted in the boulevard.
l. If the required sidewalks are not installed when the streets are installed, no building permits shall
be issued for lots abutting the future sidewalk unless a separate sidewalk agreement is provided
for each affected lot.
m. This approval shall expire one year after the date of approval, unless the property owner or
applicant has recorded the final plat, or unless the applicant, with the consent of the property
owner, 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.
th
APPROVED by the Plymouth City Council this 8 day of June, 2021.
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
June 8, 2021, 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