HomeMy WebLinkAboutCity Council Resolution 2003-566CITY OF PLYMOUTH
RESOLUTION 2003-566
REVISING AND REPLACING RESOLUTION 2002-246 APPROVING A FINAL PLAT AND
DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC.
FOR "PLUM TREE EAST 8TH ADDITION" FOR PROPERTY LOCATED NORTH OF OLD
ROCKFORD ROAD, SOUTH OF THE SOO LINE (CP) RAILWAY, EAST OF PEONY
LANE, AND WEST OF HOLLY LANE (2002032-F)
WHEREAS, Lundgren Brothers Construction, Inc. has requested approval of a final plat for
Plum Tree East 8th Addition, containing 27 single-family lots, for property legally described as
follows:
Outlot B, Plum Tree East 6th Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
WHEREAS, the City staff has prepared a development contract covering the improvements
related to said plat.
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
Lundgren Brothers Construction, Inc. for a final plat for Plum Tree East 8th Addition; and
FURTHER, that the development contract for said plat be approved, and that the Mayor and City
Manager be authorized to execute the development contract on behalf of the City; and,
FURTHER, that the following conditions be met prior to recording of, and related to said plat:
1. This final plat approves 27 single-family lots, in accordance with the plans received by the
City on April 18, 2002, except as amended by this Resolution.
Resolution 2003-566
(2002032)
Page 2
2. The uses allowed in this PUD shall include any permitted, accessory, conditional or interim
uses allowed in the RSF-1 district, subject to the same standards and restrictions of the RSF-1
district, except as specified in Conditions #3 and #4 below.
3. Minimum setbacks shall be as follows:
a. 25 -foot front yard setback
b. 9 -foot side yard setback to living side
c. 6 -foot side yard setback to garage side (regardless of living space behind garage)
d. 20 -foot rear setback
e. 15 -foot side yard wetland setback
f. 25 -foot rear yard wetland setback
g. 50 -foot setback to Peony Lane
h. 20 -foot setback to the Soo Line Railroad right-of-way
4. Minimum lot area and width standards shall be as indicated on the approved PUD General
Plan Amendment.
5. Prior to filing the final plat, the applicant shall pay park dedication fees in lieu of land
dedication, in accordance with the dedication ordinance in effect at the time the final plat is
recorded.
6. An eight -foot wide City trail is required between Lots 10 and 11, Block 1. This trail shall be
constructed at the time the adjacent street is constructed. The developer will be reimbursed
for constructing the trail. The sales documents for two affected lots shall include notice of
the trail and trail easement. If the trail does not connect to future development of the parcel
to the north, the City will consider vacating the trail easement and restore the easement,
including removing the bituminous.
7. Prior to filing the final plat, the developer shall provide a 15 -foot wide trail easement
between Lots 10 and 11, Block 1 to the City of Plymouth.
8. Any construction damage done to City trails or sidewalks shall be repaired at the developer's
expense. Trails and sidewalks shall not be used for access or storage.
9. Outlot A shall be eliminated and incorporated into Lots 1-9, Block 1, Plum Tree East Stn
Addition.
10. Any portion of the 4'he-footings for the homes on Lots 10 and 11 Block 1 that are located
within 25 feet of the common lot line separating such lots shall be—ai—est— "ee s-4he
undeW d -utilities 4eoated-between4hose4we lets set at an elevation of 1 004 feet above
sea level or lower.
Resolution 2003-566
(2002032)
Page 3
11. Prior to filing the final plat, a minimum ten -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.
12. Prior to issuance of building permits, the developer shall install wetland monument signs at
each single family lot line where it crosses a wetland buffer with a maximum spacing of 200
feet of wetland edge pursuant to the Wetland Protection Ordinance. Installation of
monuments shall be secured by a financial guarantee.
13. The plantings proposed for the wetland buffers must be approved by the City's Water
Resources Engineer.
14. 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.
15. The developer shall provide educational materials to homeowners that will address pollution
reduction from fertilizers and pesticides.
16. Strict adherence to the City's Erosion Control Ordinance shall be met.
17. Appropriate legal documents regarding Homeowners Association documents, covenants and
restrictions, as approved by the City Attorney, shall be filed with the Final Plat. Maintenance
of the sidewalks shall be addressed in the Homeowners Association documents.
18. The developer shall convey drainage and ponding easements to the City that will encumber
all wetlands on the site.
19. The developer shall comply with the approved wetland mitigation plan.
20. Prior to filing the final plat, the developer shall enter into a pond maintenance agreement
with the City for maintenance of the water quality ponds.
21. Twenty -foot wide drainage and utility easements are required over all utilities constructed
out of the street right-of-way.
22. Drainage easements for ponding shall be provided to the 100 -year elevation for all ponds on
the site.
23. Sidewalks shall be constructed at the time the adjacent street curb and gutter is constructed.
24. Standard Conditions:
Resolution 2003-566
(2002032)
Page 4
a. Compliance with the City Engineer's Memorandum.
b. Removal of all hazardous trees from the property at the owner's expense.
c. No building permits shall be issued until a contract has been awarded for construction
of municipal sewer and water, and the MPCA permit is issued.
d. No building permits shall be issued until the final plat is filed and recorded with
Hennepin County.
e. 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. Submission of the required Financial Guarantee and Site Performance Agreement for
completion of site improvements, including but not limited to installation of buffer
monument signs.
g. Compliance with the Ordinance regarding the location and number of fire hydrants.
h. Submittal and approval of fire flow data prior to filing the final plat.
i. Submittal of required utility and drainage easements as approved by the City
Engineer prior to filing the Final Plat.
j. Any signage shall comply with the Sign Ordinance.
k. Street names shall comply with the City Street Naming System.
1. 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.
ADOPTED by the City Council on December 16, 2003.
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 December 16, 2003 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