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HomeMy WebLinkAboutCity Council Resolution 1999-330CITY OF PLYMOUTH RESOLUTION 99-330 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. FOR "PLUM TREE EAST 3RD ADDITION" FOR PROPERTY LOCATED NORTH OF OLD ROCKFORD ROAD, SOUTH OF THE SOO LINE (CP) RAILWAY, EAST OF PEONY LANE, AND WEST OF HOLLY LANE (98129-F) WHEREAS, Lundgren Brothers Construction, Inc. has requested approval of a final plat for Plum Tree East 3rd Addition, containing 18 single family lots and 4 outlots for property legally described as follows, with the exception of that portion of the following which has already received final plat approval as the Plum Tree East and Plum Tree East 2nd Additions: PARCEL A North one-half of the southwest one-quarter of southwest one-quarter of Section 8, Township 118, Range 22, according to the duly recorded map or plat thereof, Hennepin County, Minnesota. PARCEL B South one-half of southeast one-quarter of southwest one-quarter of Section 8, Township 118, Range 22, according to the duly recorded map of plat thereof, Hennepin County, Minnesota. PARCEL C The west 1029.55 feet of the northwest'/4 of the northwest'/4 of Section 17, Township 118, Range 22, Hennepin County, Minnesota, lying north of the center line of County Road No. 9. PARCEL D That part of the northeast t/4 of the northeast t/4 of Section 18, Township 118 North, Range 22 west of the 5th Principal Meridian, lying north of the center line of Country Road No. 9 (also known as Rockford Road) and east of the west 545 feet thereof. Resolution 99-330 (98129-F) Page 2 of 6 PARCEL E The southeast 1/4 of the southeast 1/4 of Section 7, Township 118 North, Range 22 west of the 5th Principal Meridian EXCEPT the north 400 feet of the west 218 feet thereof, and EXCEPT the south 430 feet of the west 545 feet thereof, Hennepin County, Minnesota. PARCEL F That part of the northeast 1/4 of the southeast 1/4 of Section 7, Township 118, Range 22, lying south of the Soo Line Company's right of way, according to the map or plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. PARCEL G The south 430 feet of the west 545 feet of the southeast'/4 of the southeast'/4 of Section 7, Township 118, Range 22, 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 Lundgren Brothers Construction, Inc. for a final plat for Plum Tree East 3rd Addition; 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 18 single family lots and 4 outlots, in accordance with the plans received by the City on July 9, 1999, except as amended by this Resolution. 2. Prior to filing the final plat, the applicant shall secure the administrative approval of the PUD Final Plan for the Plum Tree East 3rd Addition. 3. The uses allowed in this PUD shall include any permitted, accessory, conditional or interim uses allowed in the RSF-1 district, subject to the same standards and restrictions of the RSF-1 district, except as specified in Conditions #3 and #4 below. 4. Minimum setbacks shall be as follows: a. 25 -foot front yard setback b. 9 -foot side yard setback to living side c. 6 -foot side yard setback to garage side (regardless of living space behind garage) d. 20 -foot rear setback e. 15 -foot side yard wetland setback Resolution 99-330 (98129-F) Page 3 of 6 f. 25 -foot rear yard wetland setback g. 50 -foot setback to Peony Lane h. 20 -foot setback to the Soo Line Railroad right-of-way 4. Minimum lot area and width standards shall be as indicated on the approved PUD General Plan Amendment. 5. Prior to filing the final plat, a minimum ten -foot wide deed restriction to create a buffer of undisturbed vegetation immediately adjacent to all wetlands shall be recorded to restrict private development next to the wetlands. 6. Prior to issuance of building permits, the developer shall install wetland monument signs at each single family lot line where it crosses a wetland buffer with a maximum spacing of 200 feet of wetland edge per the Wetland Protection Ordinance. Installation of monuments shall be secured by a financial guarantee. 7. The plantings proposed for the wetland buffers must be approved by the City's Water Resources Engineer. 8. The developer shall provide notification of wetland regulations in purchase agreements with homeowners and provide covenants as part of the homeowner's association documents that detail wetland and buffer zone restrictions. These documents shall stipulate that the homeowner must maintain the buffer zone in a natural vegetative state and that mowing in the buffer shall be prohibited. 9. The developer shall provide educational materials to homeowners that will address pollution reduction from fertilizers and pesticides. 10. The proposed development shall include construction of on-site basins for storm water treatment that meet the National Urban Runoff Program (N URP) water quality guidelines as well as the MPCA's Best Management Practices Manual and City of Plymouth's water quality requirements. 11. Strict adherence to the City's Erosion Control Ordinance shall be met. 12. Any construction damage done to City trails or sidewalks shall be repaired at the developers expense. Trails and sidewalks shall not be used for access or storage. 13. Compliance with all statements in the Finding of Fact in the Record of Decision for the Environmental Assessment Worksheet. Resolution 99-330 (98129-F) Page 4 of 6 14. Appropriate legal documents regarding Homeowners Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. Maintenance of the sidewalks and outlots shall be addressed in the Homeowners Association documents. 15. The developer shall convey drainage and ponding easements to the City that will encumber all wetlands on the site. 16. The developer shall comply with the approved wetland mitigation plan. 17. Prior to filing the final plat, the developer shall enter into a pond maintenance agreement with the City for maintenance of the water quality ponds. 18. 20 -foot wide drainage and utility easements are required over all utilities constructed out of the street right-of-way. 19. Drainage easements for ponding shall be provided to the 100 -year elevation for all ponds on the site. 20. 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, Bassett Creek Watershed District, Elm Creek Watershed District, and Army Corps of Engineers. 21. Overflow swales shall be provided for all of the ponds in low point catch basins; indicate locations on the plans and protect swales from filling during the building process. 22. The rate of runoff leaving the site shall not exceed predevelopment conditions for the 1-, 5-, 25-, and 100 -year storm. 23. At the time subsequent additions are platted, the Northwest Bell Telephone Company cable along the north plat line must be relocated in accordance with Northwest Bell requirements. 24. The sidewalks shown on the plan shall be constructed at the time the adjacent street curb and gutter is constructed. 25. Silt fence shall be installed wherever drainage leaves the site, around all ponds during construction, hay bales shall be placed around catch basins during construction, and a crushed rock berm must be constructed at the construction entrance to the site. 26. Street and storm sewer lateral assessments will be levied with the Final Plat. 27. At such time as water becomes available on Holly Lane, the developer must connect the water line in this development to the Holly Lane watermain. Resolution 99-330 (98129-F) Page 5 of 6 28. 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 structures on sites adjacent to, or containing any open storm water drainage facility. d. 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. e. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. f. Compliance with the Ordinance regarding the location and number of fire hydrants. g. Park dedication fees shall be cash fees -in -lieu of land dedication in accordance with the dedication policy in effect at the time the final plat is recorded. This fee shall be paid prior to release of the final plat mylars. h. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. i. No building permits shall be issued until a contract has been awarded for construction of municipal sewer and water. j. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. k. Any signage shall comply with the Sign Ordinance. 1. Submittal and approval of fire flow data prior to filing the final plat. m. Any cul-de-sac islands must meet the Fire Department's minimum requirements for a turn -around. n. Street names shall comply with the City Street Naming System. o. Private driveway access shall be limited to internal public roads and restricted from Peony Lane, Old Rockford Road, and Holly Lane. p. 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 August 17, 1999. Resolution 99-330 (98129-F) Page 6 of 6 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 August 17, 1999 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