HomeMy WebLinkAboutCity Council Resolution 1995-3080
CITY OF PLYMOUTH
RESOLUTION 95-308
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT
PLAN, PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR
LUNDGREN BROTHERS FOR SOO LINE EAST LOCATED AT THE
NORTHEAST QUADRANT OF PEONY LANE AND COUNTY ROAD 9 (94090)
WHEREAS, Lundgren Bros. have requested approval of a Residential Planned Unit
Development Concept Plan, Preliminary Plan/Plat and Conditional Use Permit for the
development of approximately 116 acres located at the northeast quadrant of Peony
Lane and County Road 9;
41 'IT -61
North one-half of the southwest quarter of the southwest quarter of Section 8,
Township 118, Range 22, Hennepin County, Minnesota.
PARCEL B
South one-half of the southwest quarter of the southwest quarter of Section 8,
Township 118, Range 22, Hennepin County, Minnesota.
PARCEL C
The west 1029.55 feet of the northwest quarter of the northwest quarter of
Section 17, Township 118, Range 22, Hennepin County, Minnesota, lying north
of the center line of County Road No. 9.
11.1'ITA l 4 111
That part of the northeast quarter of the northeast quarter of Section 18,
Township 118 north, Range 22 west of the 5th Principal Meridian, lying north
of the center line of County Road No. 9 (also know as Rockford Road) and east
of the west 545 fret thereof, Hennepin County, Minnesota.
PARCEL E
The southeast quarter of the southeast quarter of Section 7, Township 118
north, Range 22 west of the 5th Principal Meridian except the north 400 feet of
File 94090, Page 2
the west 218 feet thereof, and except the south 430 feet of the west 545 feet
thereof, Hennepin County, Minnesota.
PARCEL F
That part of the northeast quarter of &t . southeast quarter of Section 7,
Township 118, Range 221 lying south of the Soo Line Company's right-of-way,
Hennepin County, Minnesota.
PARCEL G
The south On feet of the west 545 feet of the southeast quarter of the southeast
quarter of Sei-don 7, Township 118, Range 22, Hennepin County, Minnesota.
PARCEL H
That part of the west quarter of the southeast quarter of Section 7, Township
118, Range 22, according to the Government Survey thereof, which lies north
of Hennepin County Road No. 9, except Railroad, Hennepin County,
Minnesota.
PARCEL I
The east half of the west half of the southeast quarter of Section 7 and all of that
part of the east half of the northwest quarter of the northeast quarter of Section
18 lying and being northerly of the highway now existing and running through
the last above described premises in an easterly and westerly direction, all in
Section 18, Township 118 north, Range 22 west of the Fifth Principal Meridian.
Subject to an easement in favor of The Minneapolis and Pacific Railway
Company, its successors and assigns and to any rights or interests held by it in
said premises by reason of deed of record in Book 226 of Deeds, page 136.
(Torrens Property --Cert. No. 772427)
PARCEL J
That part of the east half of the east half of the southwest quarter lying north of
the center line of Hennepin County Road No. 9 in Section 7, Township 118
north, Range 22 west of the Sth Principal Meridian, according to the
Government Survey thereof. Subject to an easement for road purposes and for
ingress and egress over the north 60 feet of above land. Said easement is for
the benefit of and appurtenant to, the east quarter of the northwest quarter of
said Section, and is to connect with an easement for the same purposes over the
File 94090, Page 3
north 60 feet of the west half of the southeast quarter of said Section, as shown
in deed Doc. No. 963463, Files of Registrar of Titles. Also subject to a
railroad right-of-way of the Minneapolis, St. Paul and Sault Ste. Marie Railway
Company, a corporation, over and across said premises and being upon a strip
of land described as follows: A strip of land 100 feet wide the same being 50
feet in width on each side of the anter line of the railway of Minneapolis, St.
Paul and Sault Ste. Marie Railway Company as the same is not located.
(Torrens Property --Cert. No. 772427)
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 CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve
the request of Lundgren Bros. for a Residential Planned Unit Development Concept
Plan, Preliminary Plan/Plat and Conditional Use Permit, subject to the following
conditions:
1. The Concept Plan provides for a density of up to 1.9 units per acre for a total of
132 single family homes and 45-90 multiple family units as shown on the
general Development Plan dated April 10, 1995.
2. RPUD Concept Plan approval only is granted for Outlot A. the site of the
multiple family housing. A Preliminary Plan/Plat will be required for this
outlot.
3. The Final RPUD Plan/Plat shall be in compliance with the Preliminary
Plan/Plat dated April 10, 1995 except as amended by this Resolution.
4. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of recording the Final Plat in
combination with land dedication for trail outlots.
5. The RPUD Final Plan/Plat shall show a trail easement to the north in the
northeast corner of Block 8 between Lots 18 and 19. If the City does not
purchase the land to the north of this plat for a City park within seven years of
the date of Preliminary Plan/Plat approval, the City will vacate the trail
easement.
6. Approval of a Wetland Mitigation Plan prior to the issuance of grading permits
and filing of the Final Plat.
File 94090, Page 4
7. A Final Plat may be submitted prior to contracts being awarded for sanitary
sewer. The Final Plat may not be recorded at Hennepin County until a contract
has been awarded for unitary sewer.
8. A hold harmless agreement shall be submitted concerning construction of
sanitary sewer on-site prior to a contract being awarded for the trunk sanitary
sewer.
9. Development Standards:
a. 25 -foot front yard setback
b. 6 -foot side yard setback to garage
C. 9400t side yard setback to living space
d. 15 -foot side yard wetland setback
C. 20 -foot rear yard setback
f. 25 -foot rear yard wetland setback, including 10 -foot wetland buffer
g. 20 -foot minimum setback from the Soo Line Railroad
h. 50 -foot minimum setback to Peony Lane right-of-way
10. Grading will be allowed adjacent to Peony Lane subject to approval by the
Director of Public Works.
11. A sign shall be placed on Oudot A to notify prospective buyers and later
residents that multiple family housing has been approved for that site.
12. The width of all interior streets shall be 33 feet back to back of curb.
13. Compliance with all statements in the Findings of Fact in the Record of
Decision for the Environmental Assessment Worksheet.
14. The Developer shall convey drainage and ponding easements to the City that
will encumber all wetlands on the site.
15. The Developer shall mitigate the wetland loss at a 2:1 replacement ratio.
16. A minimum 10 -foot wide deed restriction to create a buffer of undisturbed
vegetation immediately adjacent to all wetlands shall be recorded to restrict
private development next to the wetlands.
17. The Developer shall install monuments at each lot line where it crosses a
wetland buffer with a maximum spacing of 200 feet of wetland edge per the
File 94090, Page 5
Wetland Protection Ordinance. Installation of monuments shall be secured by a
Sandal guarantee.
18. The Developer shall provide notification of wetland regulations in purchase
agreements with homeowners and provide covenants as part of the homeowner's
association documents that detail wetland and buffer zone restrictions. These
documents shall stipulate that the homeowner must maintain the buffer zone in a
natural vegetative state and that mowing in the buffer shall be prohibited.
19. The Developer shall provide educational materials to homeowners that will
address pollution reduction from fertilizer, herbicides and pesticides.
20. The proposed development shall include construction of on-site basins for storm
water treatment that meet the National Urban Runoff Program (NURP) water
quality guidelines as well as the MPCA's Best Management Practices Manual
and City of Plymouth's water quality requirements.
21. The Developer shall sign an agreement with the City for future maintenance of
the storm water treatment ponds in accordance with standard City policy.
22. Strict adherence to the City's Erosion Control Ordinance shall be met.
23. Standard Conditions:
a. Compliance with the City Engineer's Memorandum
b. Removal of all hazardous tris from the property at the owner's expense
C. No building permit shall be issued until a contract has been awarded for
sewer and water
d. Street names shall comply with the City Street Naming System.
C. Compliance with Policy Resolution 79-80 regarding minimum floor
elevations for new structures on sites adjacent to, or containing any open
storm water drainage facility.
f. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
g. Private driveway access shall be limited to internal public roads and
restricted from County Road 9 and Peony Lane.
h. Final Plat mylars shall refer to RPUD 95-5.
i. Appropriate legal documents regarding Homeowners Association
documents, covenants and restriction as approved by the City Attorney
shall be filed with the Final Plat.
j. Location and number of fire hydrants shall be approved by the Fire
Division.
•
File 94090, Page 6
k. Compliance with Fire Division regulations regarding fire lane
requirements and fire suppression systems.
1. Submission of a Site Improvement Performance Agreement prior to
issuance of building permits.
In. The Developer shall hold the City and its officers, employees, and
agents harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from plat approval And
development. The Developer shall indemnify the City and its officers,
employees, and agents for all costs, damages, or expenses which the
City may pay or incur in consequence of such claims, including
attorneys' fees.
Approved by the City Council on June 6, 1995.
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 6, 1995, 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