HomeMy WebLinkAboutCity Council Resolution 2021-320
C ITY OF P LYMOUTH
R ESOLUTION N O. 2021-320
R ESOLUTION A PPROVING F INAL P LAT AND D EVELOPMENT C ONTRACT
FOR “P ARKERA P LYMOUTH A DDITION” LOCATED AT 16800 H WY 55 AND 3755
D UNKIRK L ANE (2021077)
WHEREAS, Invest Plymouth I, LLC has requested approval of a final plat for “Parkera Plymouth
Addition” for the redevelopment of the Dundee Nursery and Plymouth Presbyterian church sites for a
210-unit multiple-family building with 429 parking spaces, a 70,000 square-foot medical office building
and the Plymouth Presbyterian Church parking lot reconfiguration for property to be addressed as 16900
thth
37 Place N., 16800 37 Place N. and 3755 Dunkirk Lane; and
WHEREAS, the property is presently legally described as follows:
Tract A:
That part of the Southeast 1/4 of the Southwest 1/4 of Section 17, Township 118 North, Range
22 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows:
Commencing at a point on the East line of said Southeast 1/4 of the Southwest 1/4, 247.5 feet
North of the Southeast corner thereof; thence West parallel to the South line of said
Southeast 1/4 of the Southwest 1/4, a distance of 264 feet; thence South parallel with said
East line to the Northerly line of State Highway No. 55; thence Northwesterly along the
Northerly line of said Highway to its intersection with a line drawn parallel with the West line
of said Southeast 1/4 of the Southwest 1/4 and distant 552 feet East at right angles therefrom;
thence North along said parallel line to the North line of said Southeast 1/4 of the Southwest
1/4; thence East along said North line to the Northeast corner of said Southeast 1/4 of the
Southwest 1/4; thence South along said East line to the point of beginning.
Tract B:
That part of the following described property: That part of the Southeast Quarter of the
Southwest Quarter of Section 17, Township 118 North, Range 22 West of the 5th Principal
Meridian, Hennepin County, Minnesota, described as follows: Beginning at the Southeast
corner of the Southeast Quarter of the Southwest Quarter of said Section 17; thence North
along the East line of said Southeast Quarter of Southwest Quarter, a distance of 247.5 feet;
thence West, parallel with the South line of said Southeast Quarter of Southwest Quarter, a
distance of 264 feet; thence South, parallel with the East line of said Southeast Quarter of
Southwest Quarter, a distance of 247.5 feet to the South line of said Southeast Quarter of
Southwest Quarter; thence East along the South line of said Southeast Quarter of Southwest
Quarter a distance of 264 feet to point of beginning, according to the United States
Government Survey thereof, Hennepin County, Minnesota, lying Northerly of the following
described line:
Commencing at the Northeast corner of said described property; thence North along the East
line of said Southwest Quarter 111.38 feet to the point of beginning of the line to be
described; thence Southwesterly to a point on the North line of said described property
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distant 108.16 feet Westerly from the Northeast corner of said described property; thence
continuing Southwesterly along the extension of last described line 40.00 feet; thence
Southwesterly deflection angle right 30 degrees 00 minutes 00 seconds to the West line of
said described property and said line there terminating.
AND;
Lot 1, Block 1, Plymouth Presbyterian Church, 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 Invest Plymouth I, LLC for a final plat
for “Parkera Plymouth Addition”; 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, stormwater agreement, and encroachment agreement on behalf of the City; and
FURTHER, that the following conditions apply to said plat:
1. The final plat for Parkera Plymouth Addition is approved in accordance with the plans dated
September 30, 2021, with additional information on October 13, 2021, October 14, 2021, and October
26, 2021, except as amended by this resolution.
2. Approval is contingent upon the approval of the vacation of a portion of the right-of-way for Dunkirk
Court and vacation of drainage and utility easements within 3755 Dunkirk Lane.
3. Prior to recording of the final plat, the Developer shall:
a. Execute the development contract and provide the related financial guarantees and fees.
b. Pay the park dedication fees in lieu of land dedication for the apartment building, in accordance
with the dedication ordinance in effect at the time of filing of the final plat.
c. Update the plans and specifications to be in conformance with the rules set forth in the City of
Plymouth Engineering Guidelines & Standard Detail Specifications for Sanitary Sewer, Watermain,
Storm Sewer and Street Construction, dated January 2021.
d. Remove the existing structures from the site. Demolition permits are required for removal of
existing structures that contain over 120 square feet.
e. Obtain City Council Approval of No Parking Resolution for future 37th Place.
f. Provide a 10-foot-wide trail easement, in recordable form, along County Road 9 as required by
Hennepin County.
g. Execute the Storm Water Maintenance Agreements.
h. Execute Outlot A Maintenance Agreement.
i. Execute Two Percent Donation Agreement – Term Sheet.
j. Execute Declaration of Covenants/Easement Agreements.
k. Execute Cross-Access/Parking Agreements.
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l. Obtain City Council Approval of raingarden easement vacation.
m. Execute a Sign Easement on Outlot A.
4. Prior to commencement of building removal, grading, or other site preparation work,
a. Apply for and receive the necessary grading, right-of-way, demolition, sewer/water disconnect
permits, and SSTS removal permits.
b. Provide documentation that all Wetland Conservation Act (WCA) approvals and environmental-
related permits have been received including, but not limited to, those from Bassett Creek
Watershed, Minnehaha Creek Watershed, Minnesota Department of Natural Resources (MN
DNR), Minnesota Pollution Control Agency (MPCA), and Army Corps of Engineers.
c. Submit a City approved Construction Phasing plan.
d. Obtain all necessary MNDOT approvals and permits.
e. Obtain all Hennepin County approvals and permits.
f. Obtain MN Department of Health watermain permit.
g. Obtain Minnesota Pollution Control Agency (MPCA) sanitary sewer extension permit.
h. Obtain Metropolitan Council of Environmental Services (MCES) sanitary sewer extension
approval.
i. Obtain all permits approvals and conditions as required by the Approval of Response Action
Plan/Construction Contingency Plan letter (MPCA Site ID BF0001763) from the Minnesota
Pollution Control Agency, Dated April 16, 2021.
1) The RAP/CCP approval is contingent on the applicant obtaining all other required state,
federal, and local government permits.
j. Install and request inspection of all required pre-disturbance erosion control best management
practices including, but not limited to, perimeter controls, rock construction entrances, and inlet
protection.
5. Separate building permits are required prior to commencement of the projects.
6. Prior to issuance of the building permit, the Developer shall:
a. Provide proof of recording for the final plat and all easements and agreements.
b. Obtain City approval of the PUD Final plans.
c. Obtain City approval of final construction plans.
d. Obtain City approval of final Fire Department plans (including approved fire access routes and
hydrant coverage).
e. Pay the park dedication fees in lieu of land dedication for the medical office building, in
accordance with the dedication ordinance in effect at the time of filing of the final plat.
f. Obtain all applicable agency permits or approvals that are required including, but not limited to,
those from MnDOT, watershed district, Metropolitan Council Environmental Services, Minnesota
Pollution Control Agency (MPCA), Minnesota Department of Health, as well as the NPDES permit.
7. Prior to issuance of a certificate of occupancy, the Developer shall:
a. Shall have the first layer of blacktop completed on the entirety of 37th Place, including the cul-
de-sac before the first building’s certificate of occupancy; and all parking lots on site of respective
buildings.
b. All public utilities are completed, tested and approved by November 30, 2022 or the first building’s
certificate of occupancy, whichever comes first.
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c. Sewer and water service utilities are tested and approved by the City Engineer/designee.
d. All ADA Accessible routes complete of respective buildings.
e. All improvements on State Highway 55, County Road 9, and Dunkirk Lane shall be completed and
approved.
f. Obtain chloride management plan approval from City.
8. Construction parking for the development shall be either on the site or at a location approved by the
City. In no case shall parking be allowed in the residential neighborhoods surrounding the
development.
9. All sidewalks and trails within the site shall be owned and maintained by the Developer.
10. In good faith the developer and the City of Plymouth will work on a Park and Ride Agreement for use
of the apartment building parking garage.
11. The final layer of blacktop shall not be installed until after the last building has received its certificate
of occupancy. The curbs shall be protected by a bituminous wedge during the time the bituminous
base course is installed, but before the bituminous wear course is complete.
12. Standard Conditions:
a. No building permits shall be issued until the final plat is recorded, and satisfy the conditions
detailed in Item 6, above.
b. Hours of operation for site preparation work including building demolition, utility installation,
foundation piling installation, and grading shall be limited as follows: Monday through Friday 7
a.m. to dusk; Saturdays 8 a.m. to 6 p.m.; Sundays and Holidays no work allowed. Hours of
operation for site development work including building construction shall be limited as follows:
Monday through Friday 7 a.m. to 10 p.m.; Saturdays, Sundays, and Holidays 8 a.m. to 9 p.m.
c. Compliance with the City’s tree preservation, reforestation, and restitution regulations.
d. No trees shall be planted in the boulevard, or drainage and utility easements affecting utilities
and their possible future maintenance.
e. Adhere to the City’s seasonally adjusted load restrictions of 5 tons per axle on Dunkirk Lane.
f. Any rooftop or ground-mounted mechanical equipment shall be screened consistent with the
requirements of the zoning ordinance to match the building.
g. Any signage shall require separate permits and shall comply with the approved PUD general plan.
h. Compliance with all fire codes, including those for hydrant location. Hydrants are required in
approved locations, including within 50 feet of the fire department connection.
i. Identify the fire department connection and post-indicator valve locations. The fire department
connection is required in an approved location at the building’s main entrance.
j. Fire lane signage shall be provided in locations to be field identified by the Fire Inspector.
k. An approved solenoid valve is required on the combination fire/domestic water supply line to the
building.
l. City approved cross easement agreements are required in perpetuity by all property owners for
unobstructed fire access and water supply to all properties at all times.
m. Any unused wells would need to be properly sealed per MN Department of Health requirements.
n. The entire building including all decks, balconies, and patios must be protected by a fire sprinkler
system approved by the Fire Inspector.
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o. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
p. 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 23rd day of November, 2021.
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 23, 2021, 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
________________________________.
________________________________
Jodi M. Gallup, City Clerk