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HomeMy WebLinkAboutCity Council Resolution 2000-423CITY OF PLYMOUTH RESOLUTION 2000-423 APPROVING A PRELIMINARY PLAT AND SUBDIVISION CODE VARIANCE FOR PARAGON DESIGNERS AND BUILDERS CORPORATION, PROPERTY LOCATED AT 540 QUEENSLAND LANE NORTH (20 100) WHEREAS, Paragon Designers and Builders Corporation has requested approval of a preliminary plat and Subdivision Code Variance to allow creation of six single-family lots on a roughly 3.9 -site located at 540 Queensland Lane North; and WHEREAS, the property is legally described as follows: Lot 1, Wayzata Farmsteads except the south 128.51 feet lying west of a line drawn north at right angles from the south line of said Lot 1 distance 160.40 feet east of the southwest corner of said Lot 1. AND vacated 6th Avenue North per Doc. 4542084. Subject to an easement for street and utility purposes over and across said Lot 1 per Document Number 4542084. 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 Paragon Designers and Builders Corporation for a preliminary plat and Subdivision Code Variance at 540 Queensland Lane, subject to the following conditions: 1. The preliminary plat is for six single-family lots, in accordance with the plans received by the City on July 26, 2000, except as amended by this Resolution. Resolution 2000-423 (20100) Page 2 2. The Subdivision Code variance is for extension in the length of a non -conforming cul-de-sac, based on the following findings: a. There are special circumstances and conditions affecting this property. The only way to gain access to this site is via a long non -conforming cul-de-sac. This condition was created by previous platting due to steep slopes and wetlands in the area. The applicant did not create this condition. Strict application of the regulation would deprive the applicant of reasonable use of the land. b. The extension of this cul-de-sac is essential in order to provide a reasonable use of this land, in a manner that is consistent with the City's Comprehensive Plan and zoning regulations. c. The granting of this variance would not be detrimental to the public welfare or injurious to the neighborhood. The cul-de-sac proposed within this plat would be extended to the south boundary of the site, providing for the future orderly development of the horse stable property to the south. This future street connection would ensure two means of vehicular access for this area to address concerns of life/safety, street maintenance and convenience. 3. Prior to recording the final plat, the developer shall pay the park dedication fees in lieu of land dedication, pursuant to the Dedication Policy in effect at the time of recording the final plat, for six new lots. 4. Compliance with the City's tree preservation regulations. The applicant must reforest the site with 349.5 inches of new trees (minimum diameter of 2.5 inches per tree) or pay $27,960 in restitution, or provide a combination thereof. Prior to filing the final plat, the developer must submit a reforestation plan for staff approval, and must submit any required monetary restitution. 5. Any signage shall comply with the Sign Ordinance. 6. Development standards shall be as required by the RSF-1 district. No Zoning Ordinance variances are granted or implied. 7. Because this site lies within the Shoreland District for Hadley Lake, all the lots within this subdivision are limited to a maximum impervious surface coverage of 25 percent. 8. The preliminary plat application is approved with six dwelling units on a roughly 3.9 -acre parcel. This a departure from the minimum density requirement of seven dwelling units for an LA -1 -guided parcel of this size. The City finds that the following factors make it impractical to provide seven dwelling units: 1) the in -fill nature of this development site and maintaining Resolution 2000-423 (20100) Page 3 the character of the neighborhood, 2) shoreland regulations, 3) wetland buffering, and 4) a roadway that stubs to the south lot line. 9. Prior to issuance of building permits, wetland buffer monument signs must be installed pursuant to ordinance requirements. 10. For purposes of calculating required yard setbacks, the yard areas for Lot 1, Block 1 shall be as follows: a. Front yards— abutting south and west lot lines b. Rear yard — abutting north lot line c. Side yard— abutting east lot line 11. A looped watermain system would be required at such time as the property to the south develops. 12. 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. Street names shall comply with the City Street Naming System. e. 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. f. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. g. Location and number of fire hydrants shall be approved by the Fire Division. h. Submittal of fire flow data with the final plat. i. A pond maintenance agreement is required between the developer and the City for the water quality pond. j. Submission of a Site Improvement Performance Agreement prior to issuance of building permits. The agreement shall include, but not be limited to, such items as landscaping and wetland buffer monuments. 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 September 5, 2000. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. Resolution 2000-423 (20100) Page 4 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 5, 2000, 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