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HomeMy WebLinkAboutCity Council Resolution 2022-009 CITY OF PLYMOUTH RESOLUTION NO. 2022-009 RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR “CARLSON RIDGE” FOR PROPERTY LOCATED AT 5650 VAGABOND LANE (2021086) WHEREAS, Bald Eagle Builders Inc. has requested approval of a final plat for “Carlson Ridge” for a development consisting of 13 single-family lots (12 lots for new homes and 1 lot for an existing home to remain) on property located at 5650 Vagabond Lane; and WHEREAS, the property is presently legally described as follows: That part of the West 895 feet of the North 922 feet of the Northeast Quarter of the Southwest Quarter lying Easterly of a line from a point on the South line of said North 922 feet distant 631.56 feet east from the Southwest corner of said West 895 feet of the North 922 feet, to a point on the East line of said West 895 feet distant 587 feet South from the Northeast corner of said West 895 feet of the North 922 feet of Section 6, Township 118, Range 22. AND That part of the North 922 feet of the Northeast Quarter of the Southwest Quarter lying East of the West 895 feet thereof, and South of a line drawn East parallel with the North line of said Northeast Quarter of the Southwest Quarter from a point on the East line of said West 895 feet distant 587 feet South from the Northeast corner of said West 895 feet of Section 6, Township 118, Range 22. AND The South 71 feet of the North 993 feet of the East 659 feet of the Northeast Quarter of the Southwest Quarter of Section 6, Township 118, Range 22. Together with the benefits contained in Declaration of Non-Exclusive Perpetual Private Roadway and Utility and Drainage Easements dated October 30, 1981, filed December 24, 1981 as Document Number T1452492 and First Amendment to Declaration filed July 17, 1987 as Document Number T1852332; and 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 Bald Eagle Builders Inc. for a final plat for Carlson Ridge; and Resolution 2022-009 File 2021086 Page 2 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 Carlson Ridge is approved in accordance with the application received by the City on November 9, 10, and 17, 2021, except as may be amended by this resolution. 2. Prior to recording the final plat, the developer shall: a. Obtain City approval of final construction plans. b. Execute the development contract and provide the related financial guarantees and fees, including the required park dedication fee. c. Obtain approval for the proposed minor wetland impact. d. Provide paper documents for all required easements and agreements, including but not limited to: 1) a street easement for the private drive segment of Vagabond Lane abutting the site that would be recorded immediately after the final plat is recorded; and 2) a 10-foot wide trail easement abutting the east boundary of the site. 3. Prior to commencement of any grading operations or tree removal, the developer shall install and request inspection of the tree preservation fencing and silt fencing. 4. In conjunction with grading operations, the Developer shall remove the drainfield for the private septic system, in accordance with Hennepin County regulations. The existing home shall be connected to the City’s public sanitary sewer system when available as part of the Developer’s project. A separate sewer permit is required for this connection, including payment of the sewer availability charge (SAC) fee. To allow the existing home to be continuously occupied in the interim period, the existing septic tanks may be used upon evidence of a pumping agreement. Upon connection of the existing home to the City’s public sanitary sewer system, the Developer shall provide evidence of removal of the private septic tanks, in accordance with Hennepin County regulations. 5. The Developer and City hereby agree that the existing on-site well may be used for domestic water supply to the existing home until not later than October 31, 2022 – at which time the existing home shall be connected to the City’s public water supply system as part of the Developer’s project. A separate water permit is required for this connection. Unless the existing well would be used for outdoor irrigation purposes only (for use by the existing home) from that point forward, the Developer shall seal the well and provide evidence of it being properly sealed in accordance with the regulations of the Minnesota Department of Health. Resolution 2022-009 File 2021086 Page 3 6. After the plat has been filed with the County, but before the first building permit can be issued, a City approved Street Easement shall be granted to the City over the area of Vagabond Lane to allow for half of the street improvements at the time the second half is dedicated as right-of-way or street easement. This Street Easement shall not be in conflict with the existing private street agreement, nor imply the City becoming party to the existing private street agreement, but would remain in place if and when the private street agreement dissolves. 7. No fencing shall be placed in utility easements that have publicly-maintained pipes located within them. 8. A separate demolition permit is required to remove building structures that contain over 200 square feet in area. 9. 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. b. Any rear lot or side lot private draintile pipe and structures must be in a drainage and utility easement. c. All building low floors shall be at least two feet higher than adjacent pond/wetland high water level. d. All low openings must comply with 1.5 foot emergency overflow requirement. e. Compliance with the City’s tree preservation and reforestation regulations. f. Removal of all hazardous trees from the property at the owner's expense. g. No trees shall be planted in the boulevard. h. 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. i. Any signage shall require a separate sign permit, if required. j. 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. k. Compliance with all fire codes, including those for hydrant locations. 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 11th day of January, 2022. Resolution 2022-009 File 2021086 Page 4 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 January 11, 2022, 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 Gallup, City Clerk