HomeMy WebLinkAboutCity Council Resolution 2002-257CITY OF PLYMOUTH
RESOLUTION 2002-257
APPROVING A PRELIMINARY PLAT FOR ZB CONSTRUCTION, INC. FOR SUNRISE
ESTATES FOR PROPERTY LOCATED SOUTH OF 34TH AVENUE AND EAST OF
PILGRIM LANE (2002012)
WHEREAS, ZB Constriction, Inc. has requested approval of a preliminary plat for Sunrise
Estates, a plat of 22 lots on a 18.7 -acre site located south of 34"' Avenue and east of Pilgrim
Lane; and
WHEREAS, the property is legally described as follows:
Parcel 1
All that part of the South Half of the Northeast Quarter, Section 24, Township 118 North, Range
22 West of the Fifth principal Meridian described as follows: Commencing at the Northeast
corner of the Southeast Quarter of the Northeast Quarter; thence West along the North line
thereof 1401.78 feet thence at right angles South 932.25 feet; thence at right angles East and
Parallel to the North line thereof, 1401.78 feet to the East line thereof, thence North along said
line to the point of beginning, except the South 353.60 feet of the North 918.60 feet of the East
938.70 feet and except the East 683 feet lying South of the North 918.60 feet, according to the
United States Government Survey thereof.
Parcel 2
That part of the Southeast Quarter of the Northeast Quarter, Section 24, Township 118 North,
Range 22 described as beginning at the Southeast corner of said Southeast Quarter of the
Northeast Quarter; thence West along the South line of said Southeast Quarter of the Northeast
Quarter, a distance of 1124.31 feet; thence North parallel with the East line of said Southeast
Quarter of the Northeast Quarter to a line drawn parallel with and 932.25 feet South as measured
at right angles from the North line of said Southeast Quarter of the Northeast Quarter, thence
Resolution 2002-257
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East along the last described parallel line to the East of said Southeast Quarter of the Northeast
Quarter, thence South along said East line to the point of beginning, except the North 140.75 feet
of the East 683 feet, according to the Government Survey thereof.
Except that part of paragraphs 1 and 2 which lie East of a line described as Line "A": Beginning
at a point on the South line of the Northeast Quarter of Section 24, distant 245 feet West of the
East line of said Section; thence run North parallel with the East line of said section a distance of
120 feet; thence deflect right at an angle of 90 degrees a distance of 70 feet; thence deflect left at
an angle of 90 degrees and run North parallel with the East line of said Section to the North line
of the first above described tract and there terminating.
Except the North 300 feet of the East 487 feet of that part of Parcel 1 which lies West of
described line "A" and,
Except the South 265 feet of the North 565 feet of the East 763.7 feet of that part of Parcel 1
which lies West of the above described Line "A", Hennepin County, Minnesota.
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 by ZB
Constriction, Inc. for a preliminary plat for Sunrise Estates, subject to the following conditions:
1. Approval of the preliminary plat is contingent upon City approval of the rezoning of the
northern 5.11 acres of the site from RSF-2 to RSF-4.
2. Approval of the preliminary plat is contingent upon City Council approval of a certificate of
exemption for the proposed wetland fill.
3. This preliminary plat is approved in accordance with the plans received by the City on April
25, 2002, except as amended by this Resolution.
4. Development standards for the RSF-4 portion of the site shall be as required by the RSF-4
district. Development standards for the RSF-2 portion of the site shall be as required by the
RSF-2 district. No variances are granted or implied.
5. Any signage shall comply with the Sign Ordinance.
6. The applicant shall install a five-foot wide sidewalk along the south side of 34"' Avenue. The
final plat application plans shall indicate this required sidewalk.
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7. Prior to recording the final plat, the developer shall pay the park dedication fees in lieu of land
dedication with appropriate credit given for installation of the City trail, pursuant to the
Dedication Policy in effect at the time of recording the final plat.
8. The applicant shall comply with the wetland buffer regulations outlined in the Zoning
Ordinance.
9. Appropriate legal documents regarding Homeowners Association documents, covenants and
restrictions, as approved by the City Attorney, shall be filed with the Final Plat.
10. The segment of trail located south of 31" Avenue shall be relocated between proposed Lots 1
and 2 if it is feasible from an engineering standpoint. If necessary, the developer may place a
portion of the southernmost water quality pond on the adjoining City land to help accomplish
the relocation of the trail. If relocation of the trail is not feasible, the developer shall install a
six-foot high screen fence and plantings on the west side of the trail, together with any
necessary retaining walls to maintain drainage, for the existing home located at 9885-3l"
Avenue. The applicant shall provide the City with an easement for the trail.
11. The segment of trail located north of 31" Avenue and south of 34"' Avenue shall be removed
from the plan.
12. Standard Conditions:
a. Compliance with the City Engineer's Memorandum.
b. Removal of all hazardous trees from the property at the owner's expense.
c. Street names shall comply with the City Street Naming System.
d. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new
strictures on sites adjacent to, or containing any open storm water drainage facility.
e. No building permits shall be issued until the final plat is filed and recorded with Hennepin
County.
f. Location and number of fire hydrants shall be approved by the Fire Division.
g. Submittal of fire flow data with the final plat.
h. A pond maintenance agreement is required between the developer and the City for the
water quality ponds.
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 May 28, 2002.
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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 May 28, 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