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HomeMy WebLinkAboutCity Council Resolution 2021-239 C ITY OF P LYMOUTH R ESOLUTION N O. 2021-239 R ESOLUTION A PPROVING F INAL P LAT AND D EVELOPMENT C ONTRACT FOR “H OLLYDALE” FOR PROPERTY LOCATED AT 4710 H OLLY L ANE (2021047) WHEREAS, Hollydale GC Development, Inc., Inc. has requested approval of a final plat for “Hollydale” for phase 1 development consisting of 145 lots (143 lots for new homes, 1 lot for an existing home to remain, and 1 private HOA amenity lot) on property located at 4710 Holly Lane; and WHEREAS, the property is presently legally described as follows: That part of Outlot D, Autumn Hills embraced within the Northeast Quarter of the Southeast Quarter of Section 8, Township 118, Range 22 lying westerly of the following described line; commencing at the northwest corner of Lot 16, Block 1, Autumn Hills 2nd Addition; thence southeasterly to the southwest corner of Lot 16, Block 1, Autumn Hills 2nd Addition and said line there terminating. AND Outlot D, Autumn Hills, EXCEPT that part embraced within the Northeast Quarter of the Southeast Quarter of Section 8, Township 118, Range 22, FURTHER EXCEPTING that part of Outlot D, Autumn Hills embraced within the Southeast Quarter of the Southeast Quarter of Section 8, Township 118, Range 22 lying westerly of the following described line; commencing at the northwest corner of Lot 16, Block 1, Autumn Hills 2nd Addition; thence southeasterly to the southwest corner of Lot 16, Block 1, Autumn Hills 2nd Addition and said line there terminating. AND The West half of the Southeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota. That portion of Lot 2, Block 1, RNL Subdivision described as the North 52 feet of Lot 2, Block 1, and the South 146 feet of Lot 2, Block 1, according to the recorded plat thereof, Hennepin County, Minnesota. The Northeast Quarter of the Southwest Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota, EXCEPTING the Soo Line Railroad right of way. The Southeast Quarter of the Southwest Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota, EXCEPTING the following: That portion of the Southeast Quarter of the Southwest Quarter of Section 8, Township 118, Range 22, platted as RNL Subdivision, Hennepin County, Minnesota. Resolution 2021-239 File 2021047 Page 2 FURTHER EXCEPTING The West 175.00 feet of the South 275.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota. FURTHER EXCEPTING That part of the North 241.50 feet of the South 516.50 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 118, Range 22, which lies westerly of the following described line: Beginning at a point on the North line of said South 516.50 feet distant 205.00 feet East of the Northwest corner of said South 516.50 feet; thence southerly to a point on the South line of said North 241.50 feet distant 191.00 feet east of the Southwest corner of said north 241.50 feet, and there ending, Hennepin County, Minnesota. AND Lot 1, Block 1, RNL Subdivision, Hennepin County, Minnesota. AND That part of Lot 2, Block 1, RNL Subdivision, Hennepin County, Minnesota, lying South of the North 52 feet, and North of the South 146 feet thereof, Hennepin County, Minnesota. WHEREAS, 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 Hollydale GC Development, Inc. for a final plat for Hollydale; and FURTHER, that the development contract for said plat be approved, and that upon prior execution of the development contract by the developer, the Mayor and City Manager be authorized to execute the development contract on behalf of the City; and FURTHER, that the following conditions apply to said plat: 1. The final plat for Hollydale is approved in accordance with the application received by the City on July 1, 2021, except as may be amended by this resolution. 2. Prior to recording the final plat, the developer shall: a. Receive city approval of final construction plans. Resolution 2021-239 File 2021047 Page 3 b. Provide all required easements and agreements, including but not limited to an encroachment agreement where Developer-installed retaining walls, as identified on the approved plans, would lie within drainage and utility easements. c. Execute the development contract and provide the related financial guarantees and fees. d. Pay the required park dedication fee, and provide a fully executed warranty deed, free and clear of any encumbrances that, upon final plat recording, would convey Outlot P to the City. e. Vacate any existing easements on the site. f. Provide a conservation easement document, bee habitat easement document, and HOA documents for city review and approval. g. Provide an appropriately executed temporary turnaround easement, in recordable form, for the th north end of the Comstock Lane segment lying north of 46 Avenue. 3. Prior to issuance of building permits, the developer shall provide evidence of a recorded conservation easement, bee habitat easement, and HOA documents. 4. Prior to issuance of building permits for lots abutting wetlands, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. Specifications for the monuments are available from the Community Development Department. 5. Prior to issuance of building permits for lots abutting conservation easement area, permanent conservation easement monument signs shall be installed at each lot line. 6. Prior to issuance of building permits for lots abutting the park, permanent park monument signs shall be installed as approved by the Parks Department. 7. Prior to commencement of building construction, the Developer shall provide a geotechnical report for City review and approval confirming that building pads in areas with unsuitable soils have been designed according to engineered specifications. 8. The Developer shall be responsible to pay for 75.9 percent of the actual cost of the Comstock Lane/Schmidt Lake Road intersection improvements up to a maximum amount of $450,000. The design and completion of the Comstock Lane/Schmidt Lake Road intersection will be managed and constructed by the City. The security for the Developer’s share of the intersection improvement work shall be provided when the Developer or any successors need to connect to the intersection, or when the City is actually building the intersection improvements, whichever occurs first. With the exception of improvements to be made as part of the of City project for the Schmidt Lake Road/Comstock Lane intersection, the Developer shall be responsible for improvements related to the extension of Comstock Lane North from the north Hollydale plat line to the Comstock Lane/Schmidt Lake Road intersection, provided such extension is in the same or similar alignment as it exists as of the date of this contract. 9. The minimum yard setbacks within the development shall be as follows: front yards – 25 feet; side yards – 8 feet (regardless of living space or garage space); rear yards – 25 feet. Resolution 2021-239 File 2021047 Page 4 10. Homeowners Association (HOA) documents shall address: a) responsibilities for maintenance of wetland buffers, conservation easement areas, and bee habitat area; b) responsibilities for maintenance, repair, and eventual replacement of wetland buffer monuments, conservation easement monuments, park monuments, any subdivision signage, the HOA-owned amenity lot and its related features, Developer-installed retaining walls and fencing, any back yard drainage tile (which are private facilities), any landscaping within center-median boulevards, and other similar or common features; c) prohibition of residential/private yard fences in utility easements that have publicly- maintained pipes located within them; d) snow removal and long-term maintenance (repair/replacement) of all private trails and of all public sidewalks within the development, including the public sidewalk segment abutting the city park; e) prohibition of clearing native vegetation and trees, and of altering landforms, within wetland buffers and conservation easement areas; f) requirements for hiring a smart salt certified contractor (as certified by the Minnesota Pollution Control Agency or other agency approved by the City) for all application of deicing materials and products in the development, and g) responsibilities related to ongoing maintenance and reporting for the irrigation reuse system. 11. The development shall provide one 3-inch caliper deciduous tree or 6-foot high conifer in the front yard area, and two 3-inch caliper deciduous trees or 6-foot high conifer in the rear yard area of each residential lot. 12. A stormwater maintenance agreement, operations plan, and reporting agreement must be submitted for the reuse irrigation system. All irrigation systems (including the reuse irrigation system) shall be maintained by the HOA regardless of the City’s ownership of the stormwater pond. 13. No irrigation reuse will be allowed within conservation easement areas, wetland buffers, or City park property. 14. DNR Water Appropriation Permit 1986-6081 may be transferred to the HOA and amended to reflect a different use of the water. 15. A “No Parking” resolution for the northerly segment of Comstock Lane and the 47thAvenue segment between Holly Lane and Garland Lane shall be included with the final plat for the second phase of development. 16. No fencing shall be placed in utility easements that have publicly-maintained pipes located within them. 17. No building permits shall be issued in Phase 1A until the sanitary sewer main is connected to the City sanitary sewer system. 18. Standard Conditions: a. No building permits shall be issued until the final plat is recorded, the streets (including curb and gutter installation) needed for access to lots where permits are requested are paved with the first lift of asphalt, and the sewer and water service utilities are tested and approved by the city engineer/designee. Resolution 2021-239 File 2021047 Page 5 b. Any signage shall require a separate sign permit. c. Rear lot or side lot private draintile pipe and structures must be in a drainage and utility easement. d. All building low floors shall be at least two feet higher than adjacent pond/ wetland high water level. e. All low openings must comply with 1.5 foot emergency overflow requirement. f. Compliance with all fire codes, including those for hydrant locations. g. Compliance with the City’s tree preservation regulations. h. Removal of all hazardous trees from the property at the owner's expense. i. With the exception of landscaping allowed within center medians, no trees shall be planted in the boulevard. j. If the required sidewalks are not installed when the streets are installed, no building permits shall be issued for lots abutting the future sidewalk unless a separate sidewalk agreement is provided for each affected lot. k. Building permits are required for retaining walls that exceed four feet in height. Additionally, a safety fence shall be installed at the top of retaining walls that exceed four feet in height. l. This approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the applicant, with the consent of the property owner, has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under section 512 of City Code. APPROVED by the City Council this 24th day of August, 2021. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed Deputy City Manager of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 24, 2021, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Manager and the Corporate seal of the City this ___________ day of _______________________, ____________. ________________________________ Deputy City Manager