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HomeMy WebLinkAboutCity Council Resolution 1989-040CITY 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 23rd day of January, 191_ The following members were present: Mavnr Srhneider. councilmembers Vasiliou, Ricker and Sisk The following members were absent: Councilmember zitur rnunrilmemher Sisk introduced the following Resolution and moved its adoption: RESOLUTION 89-40 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR WILD WINGS 3RD ADDITION FOR DAVID C. BELL INVESTMENT COMPANY AND DEVRIES BUILDERS, INC. (88141) WHEREAS, the City Council has approved the Final Plat and Development Contract for Wild Wings 3rd Addition as requested by navid C. Bell Investment Company and DeVries Builders, Inc.; NOW, THEREFORE, BE IT HEREBY RESOi ED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage and paving costs and according to the Dedication Policy in effect at the time of filing the Final Plat. 4. No Building Permits shall be issued until a Contract has been awarded for the construction of municipal sewer and water and the MPGA Permit is issued. 5. Removal of all dead or dying trees from the property at the owner's expense. 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. (see next page) Resolution No. 89-40 Page Two 7. Minimum yard setbacks are: a. Front yard - 30 feet b. Yards abutting Schmidt Lake Road - 50 feet c. Side yard - 10 feet d. Rear yard - 15 feet 8. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 9. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. 10. Access shall be limited to internal public roads and prohibited from: Schmidt Lake Road. 11. Subsequent phases shall be subject to Ordinance provisions for Plat applications for the review and approval. 12. The developer shall grant to the City an easement totaling approximately 4.7 acres, over the portion of those lots and outlots within the plat riparian to DNR defined wetlands, which easements shall cover those lands above the estimated ordinary high water delineations of said lands to within 30' of the building pad. Such lands can then be made available by the City to provide mitigative measures to the satisfaction of DNR because of the Schmidt Lake Road encroachment into the protected wetlands. Such easement shall not reduce the number of lots approved in the preliminary plat and all lands covered by the easement not necessary for mitigative measures as determined by the DNR shall be reconveyed to the then owners of all affected platted lots when the DNR permit is issued for the construction of Schmidt Lake Road. 13. Appropriate legal documents establishing a covenant on the property shall be approved by the City Attorney and filed at Hennepin County with the final plat establishing the location of Schmidt Lake Road in accordance with Alternate Alignment No. 1 and its future construction. The purpose of the covenant is to make sure all property owners have prior notice of the ultimate construction of Schmidt Lake Road. 14. The final plat shall be filed concurrent with, but following the filing of the final plat of Zachary Heights. 15. The Development Contract as approved by the City Council shall be fully executed prior to release of the Final Plat. The motion for adoption of the foregoing Resolution was duly seconded by Cminrilmemhor Rirkpr , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Ricker and Sisk The following voted against or abstained Coincilmemher Vacilirni Whereupon the Resolution was declared duly passed and adopted.