HomeMy WebLinkAboutCity Council Resolution 2022-129
C ITY OF P LYMOUTH
R ESOLUTION N O. 2022-129
R ESOLUTION A PPROVING A F INAL P LAT AND D EVELOPMENT C ONTRACT FOR
R ACHEL D EVELOPMENT FOR “T HE H IGHLANDS ON D UNKIRK” FOR P ROPERTIES L OCATED
AT 5815 D UNKIRK L ANE AND 5835 D UNKIRK L ANE (2022025)
WHEREAS, Rachel Development Corporation has requested approval of a final plat for roughly
15.6 acres of land presently legally described as follows:
Parcel one: Lot 2, Block 1, Dog Park, Hennepin County, Minnesota
AND
Parcel two: The South 250 feet of the East 783 feet of the South ½ of the Northwest ¼ of
Section 5, Township 118, Range 22, 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 Rachel Development for a final plat
for Dunkirk Lane Development; 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 The Highlands on Dunkirk is approved in accordance with the plans received by the
City on March 21, 2022, except as may be amended by this resolution.
2. Setbacks shall be pursuant to the RSF-3 standards, no variances are approved or implied.
3. Prior to commencement of grading operations, the developer shall install and request inspection
of tree preservation fencing and silt/erosion control fencing.
4. Prior to recording the final plat, the developer shall:
a) Remove the existing structures from 5815 and 5835 Dunkirk Lane. Demolition permits are
required for removal of those existing structures.
b) Receive approval of final construction plans.
c) Provide a separate ten-foot wide trail easement, north of the new public street, along the east
side of the properties that abut Dunkirk Lane.
Resolution 2022-129
(2022025)
Page 2
d) Execute the development contract and provide the related financial guarantees and fees.
e) Obtain MPCA, MCES, MDOH and NPDES permits.
f) Obtain any necessary Hennepin County and Elm Creek Watershed approvals and permits.
g) Pay the required park dedication and tree restitution fees.
5. Prior to issuance of a building permit, the applicant shall fulfill the requirements, submit the
required information, and revise the plans as indicated below, consistent with the applicable city
code, zoning ordinance, and engineering guidelines:
a) File and record the final plat with Hennepin County.
b) Install park boundary markers, in approved locations.
c) Install and request inspection of tree protection fencing and silt fencing.
d) Complete grading operations and provide a grading certificate as certified by the licensed
project engineer.
e) Provide a certificate of survey indicating a minimum of two front yard trees to be planted and
provide the necessary escrow to ensure the planting of the trees. One front yard and one rear
yard tree will be permitted on the narrower lots where two trees would not be feasible in the
front yard.
f) Provide a disclosure statement to the buyer of Lot 8, Block 2 regarding the likelihood of it
becoming a corner lot in the future. It shall also detail the removal of the temporary cul-de-sac
turn-around, including restoration of the disturbed area with sod and irrigation system, on this
lot. This shall be the responsibility of the developer of the property to the north upon its
development.
g) The lowest floor elevation must comply with the 1.5-foot higher than the emergency overflow
elevation requirement.
6. The developer shall construct a City-approved trail along the west side of Dunkirk Lane, south of
58th Avenue, to the southernmost boundary of the subject property, and be reimbursed for any
trail construction beyond the subject properties southernmost property line to the Northwest
Greenway.
7. The developer shall notify potential buyers about the future northerly roadway extension of
Fountain Lane North.
8. The developer shall provide a temporary cul-de-sac turn-around at the north terminus of Fountain
Lane North and furnish the City an appropriately executed temporary turn-around easement for Lot
8, Block 2.
9. The developer shall post a sign near the north terminus of Fountain Lane North to notify passersby
that the street will be extended in the future.
10. Upon submission of the final plat application, the developer shall submit homeowner’s association
documents for City review. The homeowner’s association documents shall address: responsibilities
for maintenance and repair of developer-installed retaining walls, sidewalks, and any subdivision
signage.
Resolution 2022-129
(2022025)
Page 3
11. The developer shall provide any necessary easements for a gravity sanitary sewer system to be
installed and connected across the undeveloped property to the north. In addition, the necessary
access agreement for the City to access the property to the north for maintenance of the public
sanitary sewer pipe shall be submitted and approved by City staff.
12. Vehicular driveway access is denied from the easternmost lots (Lot 1, Block 1, and Lot 1, Block 2) to
Dunkirk Lane, making the yard areas between the rear of the homes on those lots and Dunkirk Lane
an “equivalent” yard.
13. Secondary access for the development is hereby waived. Note that secondary access (via future
northerly extension of Fountain Lane North) would be provided if and when property to the north
is subdivided in the future.
14. Standard Conditions:
a. No building permits, including those for a model home, shall be issued until the final plat is filed
and recorded with Hennepin County and the streets and utilities are installed.
b. Development standards and setbacks for this plat shall comply with the RSF-3 zoning standards.
No variances are granted or implied.
c. Any signage shall require separate permits and shall comply with the City’s sign regulations.
d. The sidewalks shall be installed at the same time the streets are installed.
e. Submit fire flow calculations with the final plat application.
f. Separate building permits are required for retaining walls 48 inches in height or higher.
Additionally, a minimum 42-inch high fence shall be installed at the top of retaining walls that
exceed four feet in height.
g. Compliance with the City’s tree preservation, reforestation, and restitution regulations.
h. Removal of all hazardous trees at the owner's expense.
i. No trees shall be planted in the boulevard.
j. 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 on this 26th day of April, 2022.
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
April 26, 2022, with the original thereof on file in my office, and the same is a correct transcription
thereof.
Resolution 2022-129
(2022025)
Page 4
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ____________day
of ____________________.
____________________________________
City Clerk