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.
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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.
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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.
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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