HomeMy WebLinkAboutCity Council Resolution 2000-564CITY OF PLYMOUTH
RESOLUTION 2000-564
APPROVING PUD GENERAL PLAN AND CONDITIONAL USE PERMIT FOR THE
ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED WEST OF I-494 AND NORTH
OF THE CANADIAN PACIFIC RAILROAD (20092)
WHEREAS, The Rottlund Company, Inc. has requested approval of a PUD general plan and
conditional use permit for property legally described as follows;
Tract 1: The southwest quarter of the southwest quarter of Section 3, Township 118, Range 22.
Tract 2: That part of the south half of the southeast quarter of the southwest quarter lying west
of the east 700 feet thereof, Section 3, Township 118, Range 22.
Tract 3: The north half of the northwest quarter of Section 10, Township 118, Range 22, except
that part thereof described as beginning at the northeast corner of said northwest quarter, thence
west along the north line thereof 700 feet; thence south parallel to the east line of said northwest
quarter a distance of 537.18 feet; thence east to a point on the east line of said northwest quarter
distant 538.16 feet south of the point of beginning; thence north along said east line 538.16 feet to
the point of beginning except that part thereof which lies westerly of the westerly right-of-way
line of Interstate Highway 494 as described in Final Certificate Doc. No. 1100404, filed March 5,
1974 and easterly of the following described line: Beginning at a point 468.00 feet south along a
line perpendicular to the south line of said north half of the northwest quarter from a point on said
south line 647.0 feet west from the southeast corner of said north half of the quarter; thence
northeasterly to a point 211.00 feet north along a line perpendicular to said south line from a point
on said south line west from the northeast corner of said north half of the northwest quarter
thence northerly to a point, said point being on the north line of said north half of northwest
quarter 500.00 feet west from the northeast corner of said northwest quarter and there
terminating.
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Tract 4: That part of the southeast quarter of the northwest quarter of Section 10, Township
118, Range 22 lying north of a line drawn parallel with and 50 feet northerly measured at right
angles from a line extending from a point on the east line of said southeast quarter of the
northwest quarter distant 1150.08 feet north from the southeast corner thereof to a point on the
west line of Government Lot 2, Section 9, Township 118, Range 22 distant 972.4 feet north from
the southwest corner of said Government Lot 2 except that part thereof which lies westerly of the
westerly right-of-way line of Interstate Highway 494 as described in final Certificate Doc. No.
1100404, filed March 5, 1974 and easterly of the following described line: Beginning at a point
468.00 feet south along a line perpendicular to the north line of said southeast quarter of the
northwest quarter from a point on said north line 647.00 feet west from the northeast corner of
said southeast quarter of the northwest quarter; thence northeasterly to a point 211.00 feet north
along a line perpendicular to said north line 559.00 feet west from the north corner of said
southeast quarter of the northwest quarter and there terminating.
Tract 5: The east 700 feet of the south half of the southeast quarter of the southwest quarter of
Section 3, Township 118, Range 22 except the land within the right-of-way of Interstate Highway
No. 494 as described in the instrument recorded in Book 2476 of Deeds, page 597, Doc. No.
3519914. That part of the northwest quarter of Section 10, Township 118, Range 22 described
as beginning at the northeast corner of said northwest quarter; thence west along the north line
thereof 700 feet; thence south parallel to the east line of said northwest quarter a distance of
537.18 feet; thence east to a point on the East line of said northwest quarter distant 538.16 feet
south of the point of beginning thence north along said east line 538.16 feet to the point of
beginning, except the land within the right-of-way of Interstate Highway No. 494 as describe the
instrument recorded in Book 2476 of Deeds, page 597, Doc. No. 3519114.
and
That part of the south 30 feet of the east 700 feet of the north half of the southeast quarter of the
southwest quarter and that part of the north 30 feet of the east 700 feet of the south half of the
southeast quarter of the southwest quarter, all in Section 3, Township 118, Range 22, Hennepin
County, Minnesota, which lies westerly of a line drawn parallel with and 40 feet westerly of the
westerly right-of-way line of Interstate Highway 494.
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 The
Rottlund Company, Inc. for a PUD general plan and conditional use permit, subject to the
following conditions:
1. The planned unit development (PUD) general plan for the construction of a 991 -unit
residential development is approved, subject to the approval of the wetland mitigation plan,
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according to the plans received by the City on September 21, 2000 and September 28, 2000,
except as amended by this resolution.
2. Approval of the PUD general plan is contingent upon City Council approval of the requested
rezoning, preliminary plat and wetland mitigation plan.
3. This resolution approves a Fire Code Variance to exceed the maximum driveway length of
200 feet as identified in the memorandum from the Fire Inspector.
4. The PUD general plan is approved based on the finding that the proposed project is
consistent with the City's Comprehensive Plan.
5. Development standards for the PUD shall be as indicated on the plans dated September 28,
2000, except as amended by this resolution.
6. The following structural setbacks shall apply:
a. 50 -foot setback from I-494
b. 25 -foot setback from Cheshire Lane.
7. The residential buildings shall conform to the following general architectural standards:
a. All building materials shall be of high quality and constructed of durable materials. Major
exterior surfaces of all walls shall be face brick, stone, vinyl siding, glass, stucco,
decorative block, or similar materials.
b. Building colors and materials shall be harmonious throughout the development.
c. The buildings shall have varied and interesting detailing. The use of large unadorned walls
unrelieved by architectural detailing, such as change in materials, change in color, offsets,
or other significant visual relief provided in a manner or at intervals in keeping with the
size, mass, and scale of the wall and its views from public rights-of-way shall be
prohibited.
d. Trash and recycling storage areas shall be designed internal to the apartment and new
urban townhome buildings or screened in compliance with Zoning Ordinance
requirements.
e. All building elevations shall receive nearly equal treatment and visual qualities.
f. The apartments must comply with architectural design elements used in the rest of the
project.
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8. The applicant shall provide the City with copies of the homeowner's association (HOA)
documents for the neighborhood and master associations.
9. The HOA shall be responsible for maintenance of sidewalks, boulevard plantings and median
plantings within this development. The HOA documents shall include language to address
maintenance of sidewalks, boulevard plantings, association outlots and plantings in the
Cheshire Lane median.
10. As part of the PUD final plan application, the applicant must identify building materials for
the units adjacent to I-494 and identify how the proposed building materials would reduce the
noise levels in these units to comply with state standards.
11. The applicant shall provide additional landscaping between the villa units and I-494 to
provide noise mitigation.
12. The developer shall revise the plan to provide a 13 -foot wide bus pull -off area on Cheshire
Lane adjacent to outlot H. This pull -off area shall be concrete to withstand the weight of the
buses and to identify it as a bus pull -off. The bus pull -off shall be located within the right-of-
way adjacent to the City trail.
13. The developer shall be provide a transit shelter in Outlot H. If Livable Communities funds
are not awarded for the proposed transit building, the developer shall bear the full cost of a
smaller transit shelter. The design of the transit building or transit shelter should incorporate
design features and materials that are used in the rest of the development.
14. The developer shall provide an easement for a transit stop on the southeast corner of Lot 6,
Block 12 and on the north side of Lot 1, Block 11. The easements should be large enough to
provide a transit shelter if funds become available.
15. The developer shall construct Cheshire Lane within the boundaries of this development.
Prior to beginning construction of Cheshire Lane, the developer must complete Phase I
archaeological testing as required in the Cheshire Lane EAW.
16. The developer shall be responsible for 25 percent of the cost of a traffic signal at the
intersection of Cheshire Lane and Schmidt Lake Road.
17. The developer shall upgrade Xenium Lane as a dust -free gravel road in the existing right-of-
way for a temporary construction access. The developer shall pave the portion of Xenium
Lane south of the Yucca Lane cul-de-sac for both residential and construction traffic. The
developer shall bear the full cost of these improvements.
18. The developer shall remove the temporary unpaved Xenium Lane access after construction is
completed and the Cheshire Lane bridge is open. However, the paved portion of Xenium
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Lane would remain open as an emergency access until Cheshire Lane is constructed between
the project site and County Road 47. When the emergency access is removed, the developer
shall construct a City trail in the existing right-of-way. The developer shall be reimbursed for
the cost of this trail.
19. The developer shall install two 16 -square foot directional signs near County Road 47 to
direct residential traffic onto Yucca Lane and construction traffic onto Xenium Lane.
20. The developer shall include a condition in their construction contracts requiring all
construction traffic, including construction workers personal automobiles, to use Xenium
Lane.
21. Berkshire Lane shall be constructed as a City street, however, the homeowners association
shall be responsible for maintenance of this street until it is extended north of the property
boundary. The developer shall be responsible for installation of barricades and signs notifying
residents that Berkshire Lane is planned to be extended to the north. The homeowners
association documents shall reflect these items.
22. The private drives shall not exceed 22 feet in width, and shall be signed at the entrance points
as private drives.
23. The entrance points to the private drives shall include a ten -foot concrete apron.
24. The private drives shall provide unobstructed access and shall be maintained as a fire lane at
all times.
25. The private one-way drives adjacent to the new urban townhomes shall be 22 feet in width
and decorative monument signs shall be placed at the entrance points to the private drives. A
concrete bump -out and a pressed concrete apron shall be provided that the entrance points to
these drives. Parking shall be permitted on one side of the private drive.
26. Parking shall be permitted on local public streets in compliance with City parking regulations.
Public streets may be signed for no parking based on a demonstrated public safety issue or
other documented conflict.
27. Prior to filing the final plat, the applicant shall provide a 20 -foot easement over City and
regional trails for snow -storage and maintenance.
28. The developer shall submit a revised landscaping plan with a minimum 893 trees, 134 of
which must be long-lived deciduous trees that are a minimum of 3.5 inches in diameter.
29. The applicant shall submit a landscaping plan for the apartment buildings that is in
conformance with Zoning Ordinance requirements at the time of PUD final plan submittal.
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30. The applicant shall provide a revised landscaping plan to address the reforestation/restitution
requirements of the tree preservation regulations. The developer shall provide 1,867.9 inches
of trees for reforestation, $149,432 for restitution or some combination thereof.
31. The applicant shall revise the landscaping plan to provide a mix of overstory trees as
boulevard plantings. Ornamental trees shall be prohibited as boulevard plantings.
32. The applicant shall submit a street lighting plan for review and approval by City staff.
33. All lighting must comply with Section 21105.06 of the Zoning Ordinance.
34. Wetland buffer monuments shall be located adjacent to all wetlands in accordance with
Section 21670.07 of the Plymouth Zoning Ordinance. The wetland plan shall be revised to
provide the required wetland buffers and setbacks on wetland E.
35. No building permits shall be issued until the final plat is filed and recorded with Hennepin
County.
36. No building permits shall be issued until the PUD final plan is approved by City staff.
37. Building permits are required prior to installation of signage. The applicant shall submit a
master sign plan for this development with the PUD final plan application.
38. PUD flexibility is granted to allow impervious surface area in excess of 25 percent on certain
lots, based on the following findings:
a. The total impervious surface area coverage for each of the shoreland districts shall not
exceed 25 percent,
b. The maximum impervious surface area in the Bass Creek Shoreland District within this
development shall be 25 percent and the apartment developer shall be required to comply
with this limitation,
c. The increased impervious surface area is mitigated by the required stormwater and
treatment ponds,
d. The increased impervious surface area is mitigated by the water quality plantings, which
encourage infiltration and trap sediments and pollutants before they enter the stormwater
system,
e. All runoff would be treated prior to discharge into the storm water quality system, and
f. No untreated runoff would enter either Pomerleau Lake or Bass Creek.
39. The developer shall comply with any additional water quality standards that are developed in
the City's Hydrologic and Hydraulic Study and adopted by the City Council. The City will
review the PUD final plan for compliance with these water quality standards.
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40. A conditional use permit is permitted for fill and excavation in the general floodplain district,
based on the finding that the flood storage capacity of the site and the floodplain would
increase about its current capacity.
41. The applicant must submit a PUD final plan for the apartment buildings. The developer shall
comply with the following:
a. The applicant shall identify which building materials would be used to reduce noise levels
within the units to comply with state standards.
b. The applicant shall provide additional landscaping and, to the extent possible, berms
between the apartments and I-494 to mitigate noise.
c. The apartments shall be part of the master HOA for this development and shall comply
with the same architectural design elements used in the rest of the project.
d. The apartment developer shall work with City to try to reach the City's affordability goals
for rental housing.
42. The applicant shall sell the 5.49 -acre Outlot A to the City of Plymouth at a fair market price.
The City shall deduct the 0.5 -acres of the vacated right-of-way at the northeast boundary of
the site from area to be purchased. The purchase price of the watertower site will be based
on 4.99 acres.
43. 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. Submittal of required utility and drainage easements as approved by the City Engineer
prior to filing the final plat.
d. 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.
e. Submission of the required Financial Guarantee and Site Performance Agreement for
completion of site improvements within twelve months of the date of this Resolution.
f. Park dedication fees shall be a combination of land dedication and cash fees in lieu of land
dedication in accordance with the dedication policy in effect at the time of recording the
final plat.
g. Compliance with the Ordinance regarding the location of fire hydrants, post indicator
valve, fire department connection, fire lanes, and fire lane signage.
h. 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.
i. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
j. The permit is subject to all applicable codes, regulations and ordinances, and violation
thereof shall be grounds for revocation.
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
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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.
1. This approval shall expire one year after the date of approval, unless the property owner
or applicant has substantially started construction 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, as regulated under Sections 21030.06 and 21045.09 of the Zoning
Ordinance.
Adopted by the City Council on November 14, 2000.
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 November 14, 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