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HomeMy WebLinkAboutCity Council Resolution 2002-385CITY OF PLYMOUTH RESOLUTION 2002-385 APPROVING A PRELIMINARY PLAT AND VARIANCE FOR LUNDGREN BROS. CONSTRUCTION FOR "CASCADES" LOCATED NORTH OF HIGHWAY 55, SOUTH OF THE SOO LINE RAILROAD, AND WEST OF THE PLUM TREE SUBDIVISION (2002058) WHEREAS, Lundgren Bros. Constriction has requested approval of a preliminary plat and variance for Cascades, a plat of 46 twinhome lots and one single-family detached townhome lot on a 13.3 -acre site located north of Highway 55, south of the Soo Line Railroad, and west of the Plum Tree Subdivision; and WHEREAS, the property is legally described as follows: All that part of the West half of the East half of the Southwest quarter of Section 7, Township 118 North, Range 22 West of the 5"' Principal Meridian, lying Northerly of the center line of Rockford Road and Southerly of the Southerly line of the Minneapolis, St. Paul and Sault Ste. Marie Railroad, 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 Lundgren Bros. Constriction for a preliminary plat for Cascades, subject to the following conditions: 1. Approval of the preliminary plat is contingent upon City Council approval of the rezoning of the site from FRD to RSF-4. Resolution 2002-385 (2002058) Page 2 2. Approval of the preliminary plat is contingent upon City Council approval of the wetland mitigation plan. 3. This preliminary plat is approved in accordance with the plans received by the City on July 24, 2002, except as amended by this Resolution. 4. The requested variance to allow a fence height of eight feet along the north line of the plat is approved, based on the following findings: a. The particular physical surroundings (railroad tracks) create a hardship. b. The circumstances related to this site are somewhat unusual, and are not generally applicable to other properties located in the same zoning district. c. The requested variance is not based solely upon a desire to increase value or income potential. d. The conditions relating to the request were not self-created. e. The granting of the variance would not be detrimental to the public welfare or injurious to the neighborhood. The request would help to improve the quality of life within the development by allowing the establishment of an effective screen between the homes and the railroad tracks. f. The granting of the variance would not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger the public safety, substantially diminish property values within the neighborhood, or create traffic congestion in public streets. g. The requested variance is the minimum action required, and would allow adequate screening to reduce the impacts of the railroad tracks. 5. Development standards shall be as required by the RSF-4 district. Except for the fence height variance approved above, no other variances are granted or implied. 6. Prior to issuance of any building permits, the applicant must install the required permanent wetland buffer monumentation. 7. Any signage shall comply with the Sign Ordinance. Resolution 2002-385 (2002058) Page 3 8. Appropriate legal documents regarding Homeowners Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. The documents shall specify that the homeowner' association is responsible for maintenance of the eight -foot high fence along the north line of the plat, and for maintenance of all common areas including the amenity lot and the three outlots. 9. The applicant shall comply with the tree preservation regulations. The applicant shall submit a tree reforestation plan with the final plat application that shows replacement of 181 caliper inches of new trees on the site. 10. Prior to recording the final plat, the developer shall pay park dedication fees in lieu of land dedication, pursuant to the Dedication Ordinance in effect at the time of recording the final plat. 11. Prior to issuance of building permits, submission of a Site Improvement Performance Agreement and financial guarantee for improvements including, but not limited to, installation of trees and wetland buffer signs. 12. The applicant shall provide a disclaimer in their sales literature (which shall also be reflected in the homeowner association documents) to inform potential homebuyers of the proximity of the Canadian Pacific Railroad, the noise produced by the train traffic, and the 24-hour operations of the railway. 13. The safety and congestion concerns raised by Mn/DOT in their August 6, 2002 letter shall be addressed by, and incorporated into, the final plat submission. 14. Prior to issuance of building permits, the developer shall assess the noise situation and incorporate whatever noise mitigation measures are necessary (e.g., extra wall insulation, ridge vents, triple -pane windows, etc.) to ensure compliance with state noise standards. 15. 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. Resolution 2002-385 (2002058) Page 4 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 August 27, 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 August 27, 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