HomeMy WebLinkAboutCity Council Resolution 2001-053CITY OF PLYMOUTH
RESOLUTION 2001-053
APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR GM
HOMES FOR PROPERTY LOCATED AT 16225 OLD ROCKFORD ROAD (20 10-1)
WHEREAS, GM Homes has requested approval of a site plan, conditional use permit and
variances for property legally described as follows;
That part of the east half of the northeast quarter of Section 17, Township 118, Range 22,
described as follows: Beginning at a point on the west line thereof distant 16.6 feet south from
the northwest corner of the southeast quarter of the northeast quarter of said Section 17, which
point is the center line of State Highway No. 55, so-called, as the same is now laid out and
constricted; thence south along the west line thereof a distance of 709.4 feet; thence east at right
angles a distance of 330 feet (20 rods); thence at right angles north a distance of 543.2 feet, more
or less, to the center line of said State Highway No. 55 (now County Road No. 9); thence
northwesterly along the center line of said highway a distance of 369.65 feet, more or less, to the
point of beginning; excepting however, therefrom that portion there of taken for highway
purposes, according to the duly recorded plat thereof.
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 GM
Homes for a site plan, conditional use permit and variance, subject to the following conditions:
1. A site plan is approved for 11 townhome units in accordance with the plans and application
received by the City on June 23, 2000 and revisions received on December 19, 2000, except
as amended by this resolution.
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2. Site plan approval is contingent upon approval of the following:
a. Rezoning from FRD to RMF -2,
b. Preliminary plat,
c. Shoreland variance and
d. Conditional use permit for work in the floodplain.
3. A variance is approved for impervious surface area coverage in excess of 25 percent on
certain townhome unit lots, based on the finding that:
a. The total impervious surface area coverage for this development would be 22 percent where
25 percent is permitted,
b. The increased impervious surface area is mitigated by the required retention and treatment
pond,
c. The increased impervious surface area is mitigated by the required wetland buffer plantings,
which encourage infiltration and trap sediments and pollutants before they enter the retention
system,
d. All runoff would be treated prior to discharge into the storm water quality system, and
e. No untreated runoff would enter Plymouth Creek.
4. A conditional use permit is approved for fill and excavation in the floodplain, contingent
upon a final report from the City's consultant, Barr Engineering, finding that the proposed fill
would not restrict the flow in Plymouth Creek. Approval of the conditional use permit is also
contingent upon approval of 1) a FEMA map amendment and 2) issuance of a DNR permit.
5. The site plan and the grading plan shall be revised to identify the minimum, maximum and
average wetland buffer around the two on-site wetland and the off-site wetland to the east of
the subject property consistent with City standards. The required average wetland buffer on
these high-quality wetlands is 50 feet.
6. No building permits shall be issued until the final plat is filed and recorded with Hennepin
County.
7. Prior to filing the final plat, the developer shall provide a 10 -foot trail easement along the
north property line for snow storage. No obstruction shall be permitted in this easement.
8. Building permits are required prior to installation of signage. Signage for this development
shall be in compliance with the sign regulations in effect at the time of sign permit issuance.
9. The private drive shall not exceed 22 feet in width, and shall be signed at the entrance point
as a private drive.
10. The entrance to the private drive shall include a 20 -foot concrete apron.
11. The private drive shall provide unobstructed access and shall be maintained as a fire lane at
all times.
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12. The plans must be revised to identify parking setbacks. The parking must be located a
minimum of 30 feet from the front property line.
13. The applicant shall provide the City with copies of the homeowner's association (HOA)
documents.
14. The HOA documents shall include language to address maintenance of the private drive,
landscaping and the association outlot.
15. The landscaping plan shall be revised to comply with the minimum planting size
requirements in the Zoning Ordinance. The ordinance requires a minimum of two, 3.5 -inch
long-lived deciduous trees in this development.
16. The landscaping plan must be revised to provide two additional coniferous trees to screen the
parking on the west side of the private drive. The parking must be screened to a height of six
feet. The developer must submit the revised plan for review and approval by City staff
17. The tree preservation plan must be revised to match the grading plan.
18. The tree preservation plan shall clearly identify the location of the tree preservation fencing
to ensure that the trees identified to be saved are protected.
19. The applicant shall submit a lighting plan for review and approval by staff All lighting must
comply with Section 21105.06 of the Zoning Ordinance.
20. The developer must provide written disclosure to buyers that the impervious surface area on
the property cannot be increased. A copy of the written disclosures shall be provided to the
City prior to issuance of building permits.
21. 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. Submittal of required utility and drainage easements as approved by the City Engineer prior
to filing the final plat.
d. The Fire Division shall approve location and number of fire hydrants.
e. Submittal of fire flow data with the final plat.
f. Compliance with the Ordinance regarding the location of fire hydrants, post indicator valve,
fire department connection, fire lanes, and fire lane signage.
g. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or
reduction of any site improvement bonds per City Policy.
h. Park dedication fees shall be cash fees in lieu of land dedication in accordance with the
dedication policy in effect at the time of recording the final plat.
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,
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employees, and agents for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
This approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started constriction of the project, or unless the landowner or
applicant has received prior approval from the City to extend the expiration date for up to one
additional year, as regulated under Sections 21015.07, 21030.06 and 21045.09 of the Zoning
Ordinance.
Adopted by the City Council on January 23, 2001.
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 January 23, 2001 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