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HomeMy WebLinkAboutCity Council Resolution 2002-428CITY OF PLYMOUTH RESOLUTION 2002-428 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ZB CONSTRUCTION, INC. FOR "SUNRISE MARSH" ADDITION FOR PROPERTY LOCATED SOUTH OF 34TH AVENUE AND EAST OF PILGRIM LANE (2002012-F) WHEREAS, ZB Constriction, Inc. has requested approval of a final plat for Sunrise Marsh, a plat of 14 twinhome lots and 8 single-family detached 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 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. Resolution 2002-428 (2002012-F) Page 2 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 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 ZB Constriction, Inc. for a final plat for Sunrise Marsh; 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 14 twinhome lots and 8 single-family detached lots in accordance with the plans received by the City on August 23, 2002, except as may be amended by this Resolution. 2. Development standards for the RSF-2 area located in the south portion of the site shall be as required by the RSF-2 district. Development standards for the RSF-4 area located in the north portion of the site shall be as required by the RSF-4 district. No variances are granted or implied. 3. Any signage shall comply with the Sign Ordinance. 4. The applicant shall install a five-foot wide sidewalk along the south side of 34"' Avenue. 5. Prior to recording the final plat, the developer shall pay the park dedication fees in lieu of land dedication for 22 new dwelling units with appropriate credit given for installation of the City trail, pursuant to the Dedication Ordinance in effect at the time of recording the final plat. Resolution 2002-428 (2002012-F) Page 3 6. Prior to the issuance of building permits, permanent wetland buffer monuments shall be installed in accordance with Section 21670.07 of the Zoning Ordinance. The monument design shall be approved by the Community Development Department. 7. Appropriate legal documents regarding Homeowners Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 8. The applicant shall provide the City with an easement for the trail segment within the site. 9. The applicant shall be responsible for extending the existing trail within the park to connect to trail segment located within the plat. 10. Compliance with the City's tree preservation regulations, in accordance with the approved preliminary plat. 11. Prior to issuance of any building permits, the developer shall provide a financial guarantee and Site Improvement Performance Agreement. The Site Improvement Performance Agreement shall include, but not be limited to, installation of the required sidewalk and permanent wetland buffer monuments. 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. No building permits shall be issued until a contract has been awarded for sewer and water. d. Street names shall comply with the City Street Naming System. e. 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. f. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. g. Location and number of fire hydrants shall be approved by the Fire Division. h. Submittal of fire flow data prior to filing the final plat. i. A ponding easement is required to the 100 year high water elevation. j. A pond maintenance agreement is required between the developer and the City for the water quality pond. k. 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 September 24, 2002. Resolution 2002-428 (2002012-F) Page 4 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 September 24, 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