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HomeMy WebLinkAboutCity Council Resolution 1988-340CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 20th day of dune , 1984. The following members were present: Mayor Schneider, Councllmembers Vasillou, Ricker, Zitur and Sisk The following members were absent: None Mayor Schneider introduced the followinq Resolution and moved its adoption: RESOLUTION NO. 98-340 APPROVING PRELIMINARY PLAT FOR GRAHAM OFVFLOPMENT COMPANY FOR "ZACHARY HF[GHTS" (88042) WHEREAS, Thomas Graham, Graham Development Company, has requested approval for a Rezoning and Preliminary Plat for Zachary Heights, for 53 single family residential. lots and five outlots on approximately 39 acres located southeast of Zachary Lane and the Soo Line Railroad; and, WHEREAS, the Planninq Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Preliminary Plat for Thomas Graham, Graham Development Company, for Zachary Heights located southeast of Zachary Lane and the Soo Line Railroad, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum, and specifically, Item No. 2.4-R., that the Environmental. Assessment Worksheet (EAW) shall be completed for Schmidt Lake Road, prior to a Final Plat being submitted for Council consideration. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naminq System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall he finalized with filing of the Final Plat. 8. No Building Permits shall he Issued until the Final Plat is filed and recorded with Hennepin County. PLEASE SEE PACE TWO Page two . Resolution No. 88- 9. The Final Plat shall show all partial lots north of Schmidt Lake Road as outlots; or, as exclusions from the platted area of "Zachary Heights" and concurrently included within the platted area of "Wild Wings 2nd Addition". 10. That a determination be made by the City Attorney and the City Council for ensur- ing that street right-of-way be provided north of Schmidt Lake Road to properties north and east of Schmidt Lake Road, notwithstanding the final platting of "Zachary Heights." 11. The Development Contract shall reflect that development of Lots 12 through 19, Block 1, shall follow all recommendations made by Dr. French of the University of Minnesota; and, that Dr. French shall supervise and guarantee there shall be no removal of hardwood trees. 12. No site grading or utility construction shall be permitted until either: a) The City has received the required permit from the Department of Natural Resources (DNR) for Schmidt Lake Road, or; b) The petitioner has executed, with the City, a "Hold Harmless" Agreement, approved by the City Attorney; providing that in the event a DNR Permit for Schmidt Lake Road is not forthcoming; and, the petitioner is thus barred from Final Plat approval, any costs for site grading or utility construction were generated solely at the petitioner's risk and are his sole responsibility. 13. Staff shall incorporate with the Final Plat and Development Contract, the provision for tree protection, as earlier drafted, providing for payment of $50.00 per diameter - inch and for a $15,000.00 Bond. 14. The owner shall provide the appropriate document approved by the City Attorney granting an easement. between Lots 5 and 6, Block 1, for future driveway relocation and public street access for the parcel on Zachary Lane (the former Jeff Howard home). 15. That the corner lots along Schmidt Lake Road have the driveways located as far from Schmidt Lake Road as practical. 16. The developer shall be only responsible for mass grading that portion of Schmidt Lake Road within the plat, from the north plat line to Trenton Lane North. 17. Because of the unique circumstances created by the realignment of Schmidt Lake Road, this plat is only responsible for the cost of curb and gutter on both sides of Schmidt Lake Road within the plat. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Counci.lmembers Vasiliou, Ricker, Zitur, and Sisk The following voted against or abstained: None . Whereupon the Resolution was declared duly passed and adopted.