HomeMy WebLinkAboutCity Council Resolution 2001-397CITY OF PLYMOUTH
RESOLUTION 2001-397
APPROVING PUD GENERAL PLAN FOR NEDEGAARD CONSTRUCTION FOR
PROPERTY LOCATED EAST OF POMERLEAU, ON PROPERTY CURRENTLY
ADDRESSED AS 5684-5450 JUNEAU LANE NORTH. (2001026)
WHEREAS, Nedegaard Constriction has requested approval of a PUD general plan for property
legally described as follows;
PART OF PARCEL D
That part of the east 150.00 feet of the north 880.36 feet of that part of Government Lot 1,
Section 4, Township 118, Range 22, lying south of the north 600.00 feet of said Government Lot
I which lies southerly of the following described line:
Commencing at the southeast corner of the above described land; thence North, assumed bearing
along the east line of the said above described land 370.23 feet to the point of beginning of the
line to be described; thence on a bearing of West 102.07 feet; thence south 83 degrees 02 minutes
59 seconds West, 48.28 feet to the west line of the said above described land.
PARCEL E
That part of Government Lot 1, Section 4, Township 118, Range 22, described as follows:
Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of
North, along the east line of said Government Lot 1, a distance of 1180.02 feet to the intersection
with a line 880.36 feet south of and parallel with the south line of the north 600.00 feet of said
Government Lot 1; thence North 89 degrees 40 minutes 59 seconds West, along a line parallel
with the south line of the north 600.00 feet of said Government Lot 1, a distance of 150.00 feet,
to the intersection with a line 150.00 feet west of and parallel with the east line of said
Government Lot 1; thence North and parallel with the east line of said Government Lot 1, a
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distance of 113.15 feet; thence on a bearing of West 435.00 feet to the point of beginning; thence
on a bearing East 435.00 feet; thence on a bearing of North along a line parallel with the east line
of said Government Lot 1, a distance of 450.00 feet; thence South 73 degrees 30 minutes West,
310.00 feet; thence South 55 degrees 30 minutes West 595.00 feet, more or less, to the shoreline
of Pomerleau Lake; thence southeasterly along said shoreline to the intersection with a line
bearing South 78 degrees 30 minutes West from the point of beginning; thence North 78 degrees
30 minutes East to the point of beginning.
PARCEL F
That part of Government Lot 1, Section 4, Township 118, Range 22, described as follows:
Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of
North along the east line of said Government Lot 1, a distance of 994.00 feet to the point of
beginning; thence continue on a bearing of North 186.02 feet to the intersection with a line 880.36
feet south of and parallel with the south line of the north 600.00 feet of said Government Lot 1;
thence North 89 degrees 40 minutes 59 seconds West, along a line parallel with the south line of
the north 600.00 feet of said Government Lot 1, a distance of 150.00 feet to the intersection with
a line 150.00 feet west of and parallel with the east line of said Government Lot 1; thence north
and parallel with the east line of said Government Lot 1 a distance of 113.15 feet; thence on a
bearing of West 435.00 feet; thence South 78 degrees 30 minutes West, 309 feet, more or less to
the shoreline of Pomerleau Lake; thence southeasterly along said shoreline to the intersection with
a line bearing West from the point of beginning; thence on a bearing of East to the point of
beginning.
PARCEL G
That part of Government Lot 1, Section 4, Township 118, Range 22 described as follows:
Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of
North along the east line of said Government Lot 1, a distance of 682.00 feet to the point of
beginning; thence continue on a bearing of North, 312.00 feet; thence on a bearing of West
809.00 feet, more or less to the shoreline of Pomerleau Lake; thence southeasterly along said
shoreline to an intersection with a line bearing West from the point of beginning; thence East to
the point of beginning.
PARCEL H
That part of Government Lot 1, Section 4, Township 118, Range 22 described as follows:
Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of
North along the east line of said Government Lot 1, a distance of 3 12. 00 feet to the point of
beginning; thence continue on a bearing of North 370.00 feet; thence on a bearing West 622 feet,
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more or less to the shoreline of Pomerleau Lake; thence southerly along said shoreline to a
intersection with a line bearing West from the point of beginning; thence East to the point of
beginning.
PARCEL J
That part of Government Lot 1, Section 4, Township 118, Range 22 described as follows:
Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of
North along the east line of said Government Lot 1, a distance of 312.00 feet; thence on a bearing
of West 588 feet, more or less to the shoreline of Pomerleau Lake; thence southwesterly along
said shoreline to the south line of said Government Lot 1; thence easterly along said southerly line
to the point of beginning.
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
Nedegaard Constriction for a PUD general plan, subject to the following conditions:
1. The planned unit development (PUD) general plan for the constriction of a 47 -unit
residential development is approved, according to the plans received by the City on July 20,
2001, except as amended by this resolution.
2. Approval of the PUD general plan is contingent upon City Council approval of the requested
rezoning and preliminary plat.
3. The PUD general plan is approved based on the finding that the proposed project is
consistent with the City's Comprehensive Plan.
4. Development standards for the PUD shall be as indicated on the plans dated July 20, 2001,
except as amended by this resolution.
5. PUD flexibility is granted to allow impervious surface area in excess of 25 percent on the
townhouse lots, based on the following findings:
a. The proposed rezoning is consistent with the Comprehensive Plan and other City policies
and plans.
b. The proposed development meets the intent of the PUD zoning district by providing an
efficient use of land by incorporating a mixture of residential uses within a single
development.
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c. The proposed development meets the intent of the PUD zoning district by creating a
neighborhood with reduced front yard setbacks. The reduced front setbacks would not
otherwise be possible through strict interpretation of the Zoning Ordinance and are
necessary to accommodate public streets in an area of steep slopes.
d. The extension of public streets and utilities to the property would be consistent with
Comprehensive Plan. Once they have been extended to the site, there would be adequate
infrastructure to support the proposed rezoning and development of the parcel.
6. Prior to the approval of the final plat, the alignment of Cheshire Lane shall be moved 25 feet
fi rther west. The applicant shall be required to pay fair market value for the Hennepin Parks
District land used for their development, including the alignment of Cheshire Lane up to the
northern plat boundary.
7. Prior to the approval of the PUD final plan, the Glacier Path and Glacier Court shall be
widened by three feet to a maximum width of 24 feet back -of -curb to back -of -curb. Parking
shall be permitted along the east side of each street in conformance with City Policy.
8. Prior to the approval of a PUD final plan for Block 4, Lots 1-3 and Block 3, Lots 14-16, the
alignment of 54t11 Avenue North shall be consistent with the alignment in shown in the final
plan/final plat for "The Reserve."
9. Prior to the approval of a PUD final plan, the plans shall be amended to include a temporary
turn -around on Juneau Lane East. The location must be approved by the affected property
owners.
10. Prior to the approval of a PUD final plan or the final plat, the applicant shall submit a revised
landscaping/reforestation plan that 1) accurately reflects the impact of the sewer line, 2)
recalculates the reforestation/restitution figure based on the required change, 3) specifies the
size of the proposed trees (five of which must be 3.5 caliper inches), and 4) continues the
pattern of boulevard and median plantings from "The Reserve" property along the alignment
of Cheshire Lane throughout the extent of the development. The applicant is strongly
encouraged to include as many of the reforestation inches into the plan as practically possible.
Restitution shall be required if all the required inches are not replaced on-site as specified by
the Subdivision Ordinance.
11. Prior to approval of a PUD final plan, the applicant shall submit a street lighting plan. The
fixtures/poles shall be consistent with those approved in "The Reserve."
12. Prior to approval of a PUD final plan or the issuance of any permits, the applicant shall
submit a revised grading plan which includes the buffer monument locations.
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13. Prior to approval of the PUD final plan, the applicant shall revise the plans to include
additional water quality strategies, such as native and low resource plantings to encourage
infiltration.
14. Prior to approval of a PUD final plan or the issuance of any permits, the applicant shall
submit a revised utility plan which includes a looped water main system.
15. Prior to recording the final plat, the applicant shall provide the City with copies of the
homeowner's association (HOA) documents. These documents shall be recorded with the
final plat and proof of recording submitted to the City prior to the issuance of building
permits.
16. Prior to issuance of any permits, Cheshire Lane shall be extended to the northern plat
boundary of "The Reserve."
17. Prior to issuance of a building permit, wetland buffer monuments shall be located adjacent to
all wetlands in accordance with Section 21670.07 of the Plymouth Zoning Ordinance.
18. Prior to issuance of any building permits, the final plat shall be recorded with Hennepin
County.
19. Prior to the issuance of any building permits for Block 4, Lots 1-3 and Block 3, Lots 14-16,
54"' Avenue shall be constricted to the plat boundaries.
20. No building permits shall be issued until the PUD final plan is approved by City staff.
21. No townhouse unit shall exceed 3,300 square feet of impervious surface coverage area
including the stricture and screened or covered porches, but not including decks.
22. All signs shall be in conformance with Section 21155 of the Zoning Ordinance.
23. The following structural setbacks shall apply:
a. a 25 -foot setback measured from the right-of-way of Cheshire Lane, Glacier Lane, 54t1'
Avenue, and 56"' Avenue;
b. a 22 -foot front setback measured from the curb of Glacier Path and Glacier Court;
c. a 25 -foot side setback measured from the right-of-way for Glacier Path and Glacier
Court;
d. a 25 -foot rear setback;
e. a 15 -foot side setback for the single-family homes;
f. a 16 -foot setback between the townhouse strictures; and,
g. a 150 -foot setback for all strictures from the Ordinary High Water Line of Pomerleau
Lake.
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24. The HOA shall be responsible for maintenance of sidewalks, subdivision signs, association
outlots and stormwater treatment ponds within this development. The HOA documents shall
include language to address maintenance of all common element including sidewalks,
retaining walls, median plantings, boulevard plantings on the west side of Cheshire Lane,
subdivision signs, and association outlots.
25. Parking shall be permitted on all public streets, including Glacier Lane, 54"' Avenue, Glacier
Path, Glacier Court and 56"' Avenue, in compliance with City policy.
26. Disclosure documents shall be provided with the marketing materials and the purchase
agreements informing the fiiture residents of the maximum impervious surface coverage of 25
percent for the single family lots and 3,300 square feet for the townhouse units. The 3,300
square foot maximum for the townhouse units shall include the unit, garage and screened
porches, but not uncovered, wooden decks.
27. 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. 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.
d. Prior to recording the final plat, submission of required utility and drainage easements as
approved by the City Engineer prior to filing the final plat.
e. Prior to recording the final plat, park dedication fees in accordance with the dedication
policy in effect, with credit for land dedicated for Outlot A.
f. Prior to issuance of any building permits, submission of the required Financial Guarantee
and Site Performance Agreement for completion of site improvements.
g. Prior to recording the final plat or approval of a final plan, submission and approval of fire
flow calculations.
h. Prior to issuance of building permits, compliance with the City Policy/Ordinance regarding
the location of fire hydrants, post indicator valve, fire department connection, fire lanes,
and fire lane signage.
i. Prior to the release or reduction of any site improvements bonds, submission and approval
of an 8 1/2 x 11 inch "As Built" Fire Protection Plan per City Policy.
j. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
k. The permit is subject to all applicable codes, regulations and ordinances, and violation
thereof shall be grounds for revocation.
1. 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.
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m. This approval shall expire one year after Cheshire Lane is constricted to the Begin Oaks
Golf Course property line, 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, with the
process as defined in Section 21045.09 of the Zoning Ordinance.
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