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HomeMy WebLinkAboutCity Council Resolution 1998-397CITY OF PLYMOUTH RESOLUTION 98-397 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BROOK PARK REALTY, LLP FOR "SANDPIPER PONDS" LOCATED SOUTHEAST OF FERNBROOK LANE AND 43"" AVENUE NORTH (97089-F) WHEREAS, Brook Park Realty, LLP has requested approval of a final plat for Sandpiper Ponds, a 48 -unit townhome development to be located southeast of Fernbrook Lane and 43'd Avenue North; and WHEREAS, the property is presently legally described as follows: The west one-half of the Northwest Quarter of the Northwest Quarter, Section 15, Township 118, Range 22, except the north 660 feet, according to the government survey thereof, 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 final plat for Sandpiper Ponds; 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 approval is for Sandpiper Ponds, a 48 -unit townhome development, in accordance with the plans received by the City on May 15, 1998, except as amended by this resolution. 2. Prior to recording the final plat, the applicant shall provide payment of the park dedication fees - in -lieu of land dedication, in accordance with the Dedication Policy in effect at the time of filing the final plat with Hennepin County. Resolution 98-397 (97089-F) Page 2 of 4 3. Development standards shall be as specified by the RMF -I (Multiple Family 1) zoning district. No variances are granted or implied. 4. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. Maintenance of the common areas, including but not limited to the private drive and trail/emergency access road, shall be addressed in the Homeowner's Association. There shall be only one Homeowners Association covering the entire development. 5. Submission of the required Financial Guarantee and Site Performance Agreement prior to issuance of building permits, for completion of site improvements within twelve months of the date of the resolution, including but not limited to installation of landscaping and buffer monument signs. 6. Prior to recording the final plat with Hennepin County, all existing strictures shall be removed from the site. 7. The private drive shall not exceed 22 feet in width. 8. Prior to issuance of building permits, signage shall be installed at the entrance points of the private drive to indicate that the drive is a "private drive." 9. The entrance points to the private drive shall include a ten -foot concrete apron. 10. The private drive shall include striped parallel parking along the inside of the curve, as shown on the approved plans. 11. The bituminous private drive shall be treated in such a manner, as approved by the City, so that the color of the drive is different than a public street. 12. The private drive shall provide unobstructed access and shall be maintained as a fire lane at all times. 13. The private drive and trail/emergency access road shall be constricted to fire lane standards and shall be signed as a fire lane. 14. The applicant shall provide the City with a 30 -foot wide easement for the trail/emergency access road. 15. The applicant shall be responsible for constriction and all installation costs related to the trail/emergency access road. In addition, the applicant shall install a barricade system at both ends of the trail/emergency access road, as approved by the Fire Inspector. 16. Compliance with the wetland preservation regulations outlined in the Zoning Ordinance. Resolution 98-397 (97089-F) Page 3 of 4 17. Uncovered decks and patios may encroach up to six feet into the required wetland setback pursuant to Section 21670.09 of the Zoning Ordinance. 18. 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. 19. Any signage shall comply with the Sign Ordinance. 20. Individual sewer and water services shall be provided for each unit. 21. Prior to issuance of a grading permit, the applicant shall demonstrate compliance with all erosion control ordinances and policies, as well as the tree preservation ordinance. 22. Signage for addresses will be required at entrances to the private drive. 23. Prior to issuance of the grading permit, the applicant shall obtain the required NPDES permit, as well as approval of the MPCA, State Health Department, and Bassett Creek Watershed District. 24. Haybales are required around all catch -basins until appropriate ground cover is established. 25. The 100 -year high water elevation shall be established for each pond. 26. A pond maintenance agreement is required between the developer and the City. 27. A temporary easement is required for the turn around at the east end of 43 a Avenue. 28. Plan and profile sheets will be required for 4-1 Avenue including storm sewer, watermain and sanitary sewer. The storm sewer profile shall include the pipe running from 43' a Avenue to the pond along the south plat line. These will be the only public street and utilities in the plat. All utilities on the private drive are private and maintenance is not the responsibility of the City. 29. Drainage calculations shall be submitted for review and approval. The rate of storm drainage flow from the pond in the northwest corner of the plat under 43' a Avenue shall not be increased from the existing rate. 30. Prior to filing the final plat with Hennepin County, the developer shall comply with any requirements of the Minnesota Pollution Control Agency. 31. 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. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. 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. Resolution 98-397 (97089-F) Page 4 of 4 f. Street names shall comply with the street naming system. g. Private driveway access shall be limited to internal public roads and restricted from Fernbrook Lane. h. Submittal and approval of fire flow data prior to issuance of building permits. i. Compliance with the Ordinance regarding the location of fire hydrants, as well as lock boxes, post indicator valves and fire department connections for the building that will be sprinkled. j. Submittal of required utility and drainage easements, as approved by the City Engineer, prior to filing the final plat. 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 July 8, 1998. 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 July 8, 1998, 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