HomeMy WebLinkAboutCity Council Resolution 2002-163CITY OF PLYMOUTH
RESOLUTION 2002-163
REPLACING RESOLUTION 2000-259 FOR APPROVAL OF A PRELIMINARY
AND FINAL PLAT FOR SAND COMPANIES, INC. FOR A 318 -UNIT
APARTMENT COMPLEX LOCATED AT THE NORTHEAST QUADRANT OF
THE INTERSECTION OF NATHAN LANE AND 45TH AVENUE NORTH. (20149)
WIffiREAS, Sand Companies, Inc. had received approval of preliminary and final plat to
allow constriction of a 318 -unit apartment complex on property legally described as
follows:
That part of the East 1035.59 feet, as measured at right angles to the east line of the south
half of the south half of the southeast quarter of Section 12, Township 118, Range 22,
according to the Government Survey thereof, lying south of the north 125.00 feet thereof.
Except that part which lies easterly of a line drawn parallel with and distant 30 feet
westerly of the following described line: Beginning at the southeast corner of said
Section 12, thence north along the east line of said section a distance of 610.18 feet;
thence west at an angle of 90 degrees a distance of 180.5 feet to the actual point of
beginning of the line to be described; thence deflect left at an angle of 90 degrees and run
south parallel with the east line of said Section for a distance of 171.48 feet; thence
deflect right along a tangential curve having a radius of 3819.72 feet (delta angle 3
degrees 48 minutes 50 seconds) a distance of 254.26 feet; thence tangent to said curve a
distance of 246.33 feet and there terminating.
and,
Outlot C, Drakeland Business and Technical Center, according to the recorded plat
thereof, Hennepin County, Minnesota;
WIffiREAS, the approved resolution (2000-259) included the language preventing the
issuance of building permits prior to recording the final plat;
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NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a
replacement resolution for Sand Companies, Inc. for a preliminary and final plat for a
318 -unit apartment complex located in the northeast quadrant of Nathan Lane and 45th
Avenue North, subject to the following findings and conditions:
A preliminary and final plat is approved for the creation of I lot, according to the
plans and application received by the City on September 22, 2000 and revisions
received on October 25, 2000 and November 7, 2000, except as amended by this
resolution.
2. The applicant is strongly encouraged to continue working with staff to explore
various options to make a portion of the dwelling units affordable.
Issuance of building permits for Buildings A and B only may occur prior to the
recording of the final plat. The approval of the building permit for Building C is
contingent upon the applicant combining the two properties. The approval of the
building permits for Buildings C and D is contingent upon the applicant gaining
ownership of the service road abutting the east property line currently under the
jurisdiction of the Minnesota Department of Transportation. The applicant may not
receive a building permit for Buildings C and D until after the final plat is recorded.
4. Prior to recording the final plat or the issuance of building permits, whichever occurs
first, the developer shall pay the park dedication fees in lieu of land dedication,
pursuant to the Dedication Policy in effect at the time of recording the final plat, for
the 318 units. The City Manager shall have the discretion to reduce the fees up to 17
percent if he determines the reduction appropriate by the information provided in the
final plans submitted for the amenities proposed on the property.
Prior to the issuance of a grading permit(s) or the recording of final plat, whichever
occurs first, the applicant must submit payment in lieu of additional trees beyond
those shown on the landscaping plan for the remaining 40 percent restitution
($185,844) required in compliance with the tree preservation regulations.
6. Prior to issuance of building permits, the applicant shall submit an easement
document for the sidewalks shown on the plans.
7. Prior to issuance of building permits, the applicant must enter into a pond
maintenance agreement with the City.
8. Any signage shall comply with the Sign Ordinance.
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9. The applicant shall receive the necessary permits from Hennepin County, the DNR,
MnDOT, Shingle Creek Watershed Management District, the Army Corps of
Engineers and MnPCA prior to beginning grading.
10. Standard Conditions:
a. Compliance with the City Engineer's Memorandums.
b. Submission of the required Financial Guarantee and Site Improvements
Performance Agreement for completion of site improvements within twelve
months of the date of this Resolution prior to issuance of building permits.
c. Removal of all hazardous trees from the property at the owner's expense.
d. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
e. The permit is subject to all applicable codes, regulations and ordinances, and
violations thereof shall be grounds for revocation.
f. Compliance with the Ordinance regarding the location of fire hydrants, lock
boxes, post -indicator valves, fire department connections, fire lanes, and fire lane
signage.
g. Prior to issuance of building permits, submission and approval of fire flow
calculations.
h. An 8 1/2 x I I inch "As Built" Fire Protection Plan shall be submitted prior to the
release or reduction of any site improvement bonds per City Policy.
i. 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 April 9, 2002.
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 April 9, 2002, 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