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HomeMy WebLinkAboutCity Council Resolution 2001-384CITY OF PLYMOUTH RESOLUTION 2001-384 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SWAN DEVELOPMENT, LLC FOR "SEVEN GREENS" FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF SCHMIDT LAKE ROAD AND VICKSBURG LANE (2001031-F) WHEREAS, Swan Development, LLC has requested approval of a final plat for Phase ! development of Seven Greens, consisting of 37 single-family lots, 26 two-family lots, and nine outlots, for property legally described as follows: That part of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5"' Principal Meridian, Hennepin County, Minnesota, described as beginning at the Southwest corner of said Northwest quarter of Section 9, Township 118, Range 22; thence North along the West line thereof a distance of 446.17 feet; thence at right angles East to the West line of the East 462 feet of said West half of the Northwest quarter of Section 9, Township 118, Range 22; thence Southerly along the West line of said East 462 feet to the South line of said West half of the Northwest quarter; thence West along the South Line of said West half of the Northwest quarter to the point of beginning, according to the United States Government Survey, thereof, and situate in Hennepin County, Minnesota. That part of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5"' Principal Meridian, Hennepin County, Minesota, described as beginning at point on the West line of said Northwest quarter distant 1071.6 feet North of the Southwest corner thereof, thence continuing Northerly along said West line of the Northwest quarter to the Southerly line of the right of way of the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence Easterly along the Southerly line of said Railroad right of way to the West line of the East 28 rods of said West half of the Northwest quarter of Section 9, Township 118, Range 22; thence Southerly along said West line of the East 28 rods of said West half of the Northwest quarter of Section 9, Towhship 118, Range 22; to its intersection with a line drawn Easterly at right angles Resolution 2001-384 (2001031-F) Page 2 of 6 to the West line of said Northwest quarter from the point of beginning; thence Westerly along said right angle line to the point of beginning except that part thereof lying North of the South 550 feet thereof according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. That part of the West half of the Northwest quarter of Section 9, Township 118 North, Range 22, West of the 5"' Principal Meridian, described as follows: Beginning at a point on the West line of said Northwest quarter distant 1071.6 feet North of the Southwest corner thereof, thence Easterly at right angles from said West line of the Northwest quarter to the West line of the East 28 rods of said West half of the Northwest quarter; thence Southerly along the West line of said East 28 rods a distance of 625.43 feet; thence Westerly in a straight line of a point on the West line of said Northwest quarter distant 625.43 feet South of the above described point of beginning; thence North along said West line of Northwest quarter to the point of beginning. That part of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5"' Principal Meridian, Hennepin County, Minnesota described as beginning at a point on the West line of said Northwest quarter distant 1071.6 feet North of the Southwest corner thereof, thence continuing Northerly along said West line of the Northwest quarter to ;the Southerly line of the right of way of the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence Easterly along the Southerly line of said Railroad right of way to the West line of the East 28 rods of said West half of the Northwest quarter of Section 9, Township 118, Range 22; thence Southerly along said West line of the East 28 rods of the West half of the Northwest quarter of Section 9, Township 118, Range 22 to its intersection with a line drawn easterly at right angles to the West line of said Northwest quarter from the point of beginning; thence Westerly along said right angle line to the point of beginning. Except the South 550 feet thereof. and That part of the East 462 feet of the West half of the Northwest Quarter of Section 9, Township 118, Range 22 which lies South of the railroad right-of-way, according to the government survey thereof and lying Northerly of the following described line: Commencing at the Southwest corner of said Northwest Quarter; thence North, assumed bearing, along the West line of said Northwest Quarter a distance of 1071.9 feet to the point of beginning of the line to be described; thence East to the East line of said West half of the Northwest Quarter and said line there terminating. The South 1071.6 feet of the East 462 feet (28 rods) of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5'1'Principal Meridian, Hennepin County, Minnesota. Resolution 2001-384 (2001031-F) Page 3 of 6 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 Swan Development, LLC for a final plat for Seven Greens; 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 37 single-family lots, 26 two-family lots, and nine outlots in accordance with the plans received by the City on September 13, 2001, except as amended by this Resolution. 2. The following structural setbacks shall apply: a. 50 -foot setback from Schmidt Lake Road and Vicksburg Lane b. 50 -foot setback from the Canadian -Pacific railroad right-of-way c. 25 -foot rear yard setback d. 15 -foot front yard setback e. 25 -foot front yard setback for front -loaded garages; 15 -foot front yard setback for side - loaded garages f. 6 -foot side yard setback between garages for single- and two-family homes g. 10 -foot side yard setback between single-family homes h. 6 -foot side yard setback between two-family homes 3. Prior to filing the Final Plat with Hennepin County, a deed for the two park outlots shall be given to the City. The dedication of these two outlots shall satisfy the park dedication requirements for the Seven Greens PUD. 4. The developer shall install trails, in accordance with City specifications, on the north side of Schmidt Lake Road adjacent to the plat, and on the east side of Vicksburg Lane between Schmidt Lake Road and 51" Avenue. The developer shall be responsible for the cost of grading, base preparation, and suitable ground cover related to installation of these trails. The developer shall be reimbursed for the pavement costs for these trails. 5. Notice of the fi ture trail east of Vicksburg Lane, between 51" Avenue and the railroad tracks, shall be included in the development/sales documents so that potential buyers will be aware of the trail plans for this location. Resolution 2001-384 (2001031-F) Page 4 of 6 6. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with Section 21670.07 of the Zoning Ordinance. The monument design shall be approved by the Community Development Department. 7. The Homeowner Association documents shall include ownership and maintenance of the neighborhood green outlots, the walkway outlots, and the wetland outlot located in the southeast portion of the site. 8. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 9. The Homeowners Association (HOA) shall be responsible for maintenance of sidewalks, walkways, boulevard plantings, and neighborhood greens within this development, with the exception of the two outlots to be dedicated to the City for parkland. The HOA documents shall include language to address maintenance of sidewalks, boulevard plantings and association outlots. 10. The developer shall provide copies of the current overall PUD plan and its current conditions as an addendum to the purchase agreements for lots within this plat. 11. Accessory apartments are not approved as part of the PUD general plan. 12. No building permits shall be issued until the PUD Final Plan is approved by City staff. 13. The PUD Final Plan shall indicate "no parking" signs and hydrants at a minimum of three feet from the outside radius of the street around each neighborhood green. 14. Prior to approval of the PUD final plan, the developer shall submit a street lighting plan for review and approval by City staff. All such lighting must comply with Section 21105.06 of the Zoning Ordinance. 15. Parking shall be permitted on both sides of 28 -foot wide streets. Parking shall be permitted on one side of 24 -foot wide streets. 16. Prior to the issuance of building permits for homes around the greens with one-way traffic, the City shall conduct field testing to determine if any spaces need to be signed for no parking on the inside radius of those greens. 17. Prior to the issuance of building permits, the developer shall revise the landscape plan for the boulevard around Swans Meadow Green to show understory trees and shrubs consistent with the Swans Meadow Green plan dated May 23, 2001. Resolution 2001-384 (2001031-F) Page 5 of 6 18. Prior to the approval of the PUD Final Plan, the applicant shall revise the plans to show two less than 32 -square foot identification signs attached to the picket fencing and perpendicular to Schmidt Lake Road and Vicksburg Lane at these project entrances. The applicant shall delete the sign at the corner of Schmidt Lake Road and Vicksburg Lane. 19. When Phase 2 is developed, the developer shall disclose to the purchasers of the lots abutting Vicksburg Lane, that the rear yard grades will be subject to change in conjunction with the improvement to the railroad crossing. 20. Prior to the issuance of building permits, submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements. 21. The Developer shall comply with the City's Tree Preservation Ordinance. 22. 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 the final plat is filed and recorded with Hennepin County. d. No building permits shall be issued until a contract has been awarded for constriction of municipal sewer and water, and the MPCA permit is issued. 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. Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements, including but not limited to, installation of buffer monument signs. g. Subsequent phases are subject to required reviews and approvals per Ordinance provisions. h. Compliance with the Ordinance regarding the number and location of fire hydrants, fire lanes, and fire lane signs. i. Submittal and approval of fire flow data prior to filing the final plat. j. Prior to filing the final plat, submittal of required utility and drainage easements as approved by the City Engineer. k. Street names shall comply with the City Street Naming System. 1. Private driveway access shall be limited to internal public roads and restricted from Schmidt Lake Road and Vicksburg Lane. m. 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. n. 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 Resolution 2001-384 (2001031-F) Page 6 of 6 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 25, 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 September 25, 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