HomeMy WebLinkAboutCity Council Resolution 2007-247CITY OF PLYMOUTH
RESOLUTION 2007-247
AMENDING RESOLUTION 2006-422 APPROVING A FINAL PLAT AND DEVELOPMENT
CONTRACT AND AMENDING THE DEVELOPMENT CONTRACT FOR "PLYMOUTH
CROSSROADS STATION" FOR DOVE CAPITAL I, LLC FOR 19.34 ACRES OF LAND
LOCATED SOUTH OF HIGHWAY 55 AND EAST OF COTTONWOOD LANE (2005121-F)
WHEREAS, Dove Capital I, LLC (developer) previously requested approval of a final plat to
allow the creation of two lots and four outlots on 19.34 acres of land located south of Highway
55 and east of Cottonwood Lane; and
WHEREAS, the City Council approved the final plat and development contract on October 24,
2006 under Resolution 2006-422; and
WHEREAS, the developer is now requesting non -substantive amendments to Resolution 2006-
422 (as shown by legislative formatting) and to the development contract; and
WHEREAS, the property is presently legally described as follows:
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Resolution 2007-247
(2005121-F)
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Resolution 2007-247
(2005121-F)
Page 3
...
Torrens Property
Parcel A:
Tracts A and B, Registered Land Survey No. 1676, Hennepin County, Minnesota.
Parcel C-1:
That part of the Southeast Quarter (SEI/4) of the Northeast Quarter (NE1/4), Section
35, Township 118, Range 22, lying Southerly of the southerly right-of-way line of State
Think Highway No. 55 and Northeasterly of the northeasterly line of Old County Road
Number 6, now being referred to (by the City of Plymouth) as a frontage or service road
to State Think Highway No. 55.
Abstract Property
Parcel B:
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118,
Range 22, Hennepin County, Minnesota, described as follows:
Commencing at the southwest corner of the Southeast Quarter of the Northeast Quarter,
Section 35 Township 118, Range 22, thence North along the west line thereof 805 feet,
thence East parallel with the south line of said quarter -quarter 683.20 feet to the point of
beginning, thence continuing East along said parallel line 100 feet, thence Northeasterly,
deflecting to the left 81 degrees 49 minutes a distance of 108.3 feet, more or less to the
southerly right-of-way line of State Think Highway No. 55, thence Northwesterly along
the southerly right-of-way line of said Highway 97.99 feet, thence Southwesterly 136.74
feet, more or less, to the point of beginning_
Parcel C- 2:
All that part of the Southwest Quarter (SWI/4) of the Northwest Quarter (NW1/4),
Section 36, Township 118, Range 22, lying Northeasterly of the northeasterly line of Old
County Road 6 and Northwesterly of Naumann Cartway (as referenced on the plat of
Schiebe's Highland View Addition)_ and Southwesterlv of State Think Hiahwav No. 55.
Parcel D:
That part of the Southwest Quarter of the Northwest Quarter of Section 36, Township
118, Range 22, Hennepin County, Minnesota, lying Southwesterly of the southwesterly
line of Old County Road No. 6 and described as beginning at the intersection of the west
line of said Section 36 with the southwesterly line of Old County Road 6, thence
Southerly along the west line of said Section 36, a distance of 313.50 feet, thence
Northeasterly to a point on the southwesterly line of Old County Road No. 6, distant
173.10 feet Southeasterly of the point of beginning, thence Northwesterly along the
Resolution 2007-247
(2005121-F)
Page 4
southwesterly line of Old County Road No. 6, a distance of 173.10 feet to the point of
beginning.
Parcel E:
That part of the Southwest Quarter of the Northwest Quarter of Section 36, Township
118, Range 22, Hennepin County, Minnesota, lying Southwesterly of the southwesterly
line of Old County Road No. 6, and described as commencing at the southwest corner of
the Northwest Quarter of said Section 36, thence Northerly along the west line of said
Section 36, a distance of 210.30 feet to the point of beginning, thence deflect to the right
at an angle of 90 degrees 30 minutes, a distance of 9.00 feet, thence Northeasterly 358.30
feet to a point on the southwesterly line of Old County Road No. 6, distant 248.10 feet
Southeasterly of the intersection of said southwesterly line with the west line of said
Section 36, thence Northwesterly along the southwesterly line of Old County Road No. 6,
a distance of 75.00 feet, thence Southwesterly to a point on the west line of said Section
36, distant 122.10 feet Northerly of the point of beginning, thence Southerly 122.10 feet
along the west line of said Section 36 to the point of beginning_
Parcel F.-
That
:That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118,
Range 22, Hennepin County, Minnesota, lying Southerly of the centerline of the eastbound
lane of State Think Highway No. 55 (as now located and established), and lying
Southwesterly of the northeasterly line of Old County Road No. 6 (also being the
northeasterly line of Tract B, Registered Land Survey No. 1676) and the northwesterly
extension thereof, and lying Northerly of the northeasterly lines of Tracts A and B,
Registered Land Survey No. 1676, and lying Northerly of a line beginning at the
northwest corner of Tract B, Registered Land Survey No. 1676, thence North 74 degrees
06 minutes 45 minutes West on an assumed bearing along the northwesterly extension of
the north line of said Tract B, a distance of 97.99 feet, thence South 8 degrees 54 minutes
02 seconds West, a distance of 15.11 feet to the northeast corner of Tract A, Registered
Land Survey No. 1676, and there terminating, and lying Southeasterly of a line drawn
Northeasterly from the northwest corner of Tract A, Registered Land Survey No. 1676, at
a right angle to the north line of said Tract A, a distance of 75.00 feet to the centerline of
the eastbound lane of State Think Highway No. 55 (as now located and established).
Which lies Southwesterly of a line run parallel with and distant 70.00 feet Southwesterly
(as measured at right angles) of the following described line:
Beginning at a point on the west line of the Northeast Quarter of said Section 35, distant
1065.36 feet South of the northwest corner thereof, thence run Southeasterly at an angle
of 73 degrees 22 minutes 02 seconds from said west line of the Northeast Quarter
(measured from South to East) for 2608.47 feet to a tangent spiral point, thence deflect to
the right on a spiral curve of decreasing radius (spiral angle 2 degrees 00 minutes 00
seconds) for 200 feet to a spiral curve point, thence deflect to the right on a 2 degrees 00
minutes 00 second circular curve (delta angle 11 degrees 34 minutes 00 seconds) for
578.33 feet to a curve spiral point and there terminating_
Resolution 2007-247
(2005121-F)
Page 5
Parcel G:
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118,
Range 22, Hennepin County, Minnesota, lying Southerly of the centerline of the eastbound
lane of State Think Highway No. 55 (as now located and established) and Northeasterly
of the northeasterly line of Old County Road No. 6, now being referred to (by the City of
Plymouth) as a frontage or service road to State Think Highway No. 55, which lies
Southwesterly of a line run parallel with and distant 70.00 feet Southwesterly (as
measured at right angles) of the following described line:
Beginning at a point on the west line of Northeast Quarter of said Section 35, distant
1065.36 feet South of the northwest corner thereof, thence run Southeasterly at an angle
of 73 degrees 22 minutes 02 seconds from said west line of the Northeast Quarter
(measured from South to East) for 2608.47 feet to a tangent spiral point, thence deflect to
the right on a spiral curve of decreasing radius (spiral angle 2 degrees 00 minutes 00
seconds) for 200 feet to a spiral curve point, thence deflect to the right on a 2 degree 00
minute 00 second circular curve (delta angle 11 degrees 34 minutes 00 seconds) for
578.33 feet to a curve spiral point and there terminating_
Except that part thereof described as follows:
That part of the Southeast Quarter of the Northeast Quarter of said Section 35, lying
Southerly of the southerly right-of-way line of State Think Highway No. 55 and
Northeasterly of the northeasterly line of Old County Road Number 6, now being referred
to (by the City of Plymouth) as a frontage or service road to State Think Highway No. 55.
Parcel H.-
That
:
That part of the Southwest Quarter of the Northwest Quarter of Section 36, Township
118, Range 22, Hennepin County, Minnesota, lying Northeasterly of the northeasterly line
of Old County Road No. 6, and lying Northwesterly of Naumann Cartway (as referenced
on the plat of Schiebe's Highland View Addition), and lying Southwesterly of the
centerline of the eastbound lane of State Think Highway No. 55 (as now located and
established), except that part thereof lying Southwesterly of State Think Highway No. 55
right-of-way_
Which lies Southwesterly of a line run parallel with and distant 70.00 feet Southwesterly
(as measured at right angles) of the following described line:
Beginning at a point on the west line of Northeast Quarter of said Section 35, distant
1065.36 feet South of the northwest corner thereof, thence run Southeasterly at an angle
of 73 degrees 22 minutes 02 seconds from said west line of the Northeast Quarter
(measured from South to East) for 2608.47 feet to a tangent spiral point, thence deflect to
the right on a spiral curve of decreasing radius (spiral angle 2 degrees 00 minutes 00
seconds) for 200 feet to a spiral curve point, thence deflect to the right on a 2 degree 00
minute 00 second circular curve (delta angle 11 degrees 34 minutes 00 seconds) for
578.33 feet to a curve spiral point and there terminating_
Resolution 2007-247
(2005121-F)
Page 6
Vacated Old County Road No. 6 right-of-way located in that part of the Southwest
Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, Hennepin
County, Minnesota, lying Northwesterly of the southwesterly extension of the
northwesterly line of Naumann Cartway (as referenced on the plat of SCHIEBE'S
HIGHLAND VIEW ADDITION).
WHEREAS, the 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 Dove
Capital I, LLC for a final plat for Plymouth Crossroads Station; 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 be met prior to recording of, and related to said plat:
1. This final plat approves two lots and four outlots, in accordance with the plans received by the
City on September 25, 2006, except as may be amended by this Resolution.
2. Approval of the final plat is contingent upon approval of the following:
a. Development contract by the City Council.
b. Wetland mitigation plan by the City Council.
3. Prior to recording the final plat, the following items shall be completed:
a. Cross -access and pafking easements shall be recorded for this development.
b. The developer shall receive City approval of the fire flow calculations.
c. A ten foot wide drainage and utility easement is required adjacent to all street rights-of-
way. Additionally, a ten foot wide trail easement is required conterminous with the
drainage and utility easement in areas where the trail would be installed, as shown on the
landscaping plan. A six foot wide drainage and utility easement is required along all side
and rear lot lines.
d. A ten foot wide drainage and utility easement is required on each side of public utilities
where such utilities are proposed to be installed outside the public right-of-way. A
separate unobstructed access easement is required from public streets to all pond inlets
and outlots. The easement area must not exceed 15 percent grade and must be a minimum
of 15 feet wide.
Resolution 2007-247
(2005121-F)
Page 7
e. Drainage and utility easements are required to the 100 -year high water level for ponds and
wetlands.
�f. All public roads shall be renamed Highway 55 Frontage Road, except for that portion of
proposed Cottonwood Lane North.
Irg_If the applicant wishes to maintain the median break near County Road 73 on the
relocated frontage road as a temporary condition, they shall pay all legal fees related to,
and execute, a document stating that the median break would be eliminated and the
median would be extended if and when County Road 73 is realigned in the fiiture.
4. Prior to .,,,,.,,.,, in2 the final PW issuance of building permits, the developer shall revise
the final plat and as follows:
a. The landscape plan shall be revised to remove proposed trees from the wetlands, wetland
mitigation areas, and water quality ponds, and to replace such required trees elsewhere on
the site, including the addition of screening trees near the top of the hill on Outlot C.
b. Minimum floor elevations must be two feet above the 100 -year high water level. Also,
emergency overland overflow swales must be a minimum of 18 inches below the lowest
building opening where storm water can enter.
c. Provide separate plan and profile sheets for the sanitary sewer and watermain; and the
street and storm sewer. Include street details, dimensions, and curb type. These plans
shall be subject to fiirther review for compliance with the City of Plymouth's Engineering
Guidelines.
d. Include required details from the current City of Plymouth's Engineering Guidelines with
the plan sheets.
e. Provide a storm sewer stricture and casting schedule consistent with the Engineering
Guidelines.
f. All watermain shall be C900 PVC.
g. Add a note to the utility plan that the City of Plymouth's current Engineering Guidelines
shall apply to all civil constriction.
h. Add a note to the utility plan to contact the City of Plymouth's utility supervisor Scott
Newberger at 763-509-5999, at least 48 hours prior to connecting to existing utilities.
i. Label the wetland mitigation buffer slope with the percent of grade. The slope must be
5:1 or flatter.
j. Show wetland mitigation typical cross section.
k. Identify the locations of the wetland buffer monuments.
1. Identify the proposed buildings as slab on grade.
m. Provide a storm water pollution prevention plan (SWPPP).
n. Identify the location and provide City details of the storm sewer inlet protection, silt fence,
and rock constriction entrance.
o. Identify the location for the tree preservation fencing.
p. The 7,795 square feet of wetland mitigation shown on page C-7 is not consistent with that
shown on page C-4, or the Wetland Permit Application. Revise drawing accordingly.
Resolution 2007-247
(2005121-F)
Page 8
q. The outlet for the easterly wetland cannot sheet flow across the parking lot. Provide an
outlet control stricture.
r. Provide plan view with elevations to show how the frontage road will work with future
County Road 73. Provide contours for the County Road 73/frontage road intersection.
s. Show parking lot elevations. Include drainage arrows.
t. Show rip rap with filter fabric for the water quality pond overflows and elevation.
u. Show underground sanitary sewer, storm sewer, and watermain pipes on the Landscaping
Plan. Keep trees and shrubs 10 feet away from each side of all underground pipes.
v. Keep all retaining walls out of street right-of-way, and drainage and utility easements.
w. Wetland mitigation and buffers cannot be located in a street right-of-way.
x. Add a catch basin in the northwest quadrant of the West Medicine Lake Blvd./frontage
road intersection, and where a storm pipe crosses a curb line.
y. Street access to Cottonwood Lane properties must be maintained during constriction.
z. Provide commercial driveway entrances for all development entrances.
aa. Provided a detail of the N [_]RP pond outfall skimmer strictures. Included rip rap, filter
fabric, and overflow elevation.
bb. Show all overland emergency overflow elevations and locations, including the emergency
overflow from the wetland to the north. The overflow must be at least 1.5 feet lower than
the low opening of upstream strictures or 898.6 whichever is lower. Clearly label this
overland emergency overflow on the grading plan.
cc. Indicate the location and elevation where storm water will overflow Highway 55
northerly. Label this as an emergency overflow route.
dd. Plat review comments from Hennepin County (excluding suggested median at frontage
road near County Road 73) and Mn/DOT shall be addressed.
ee. Extend the proposed watermain and connect to the existing watermain in Cottonwood
Lane.
5. Prior to issuance of building permits, the following items shall be completed:
a. The final plat shall be recorded with Hennepin County.
b. The PUD final plan for each respective building shall receive approval by City staff.
c. The final lighting plan shall be approved by staff, in accordance with the City's lighting
regulations. The lighting plan shall indicate house -side shields and shall include
information on the decorative fixtures.
d. Pefinanew wetland btiff-ef inanuinefit signs shall be installed ptifstiaw to C4 -y
e-d.Park dedication shall be a cash fee in lieu of land dedication, in accordance with the
dedication ordinance in effect at the time of issuance of the first building permit for each
lot.
e. Vacation of the existing frontage road right-of-way by Mn/DOT.
f. Provide document numbers for vacated County Road 6.
Resolution 2007-247
(2005121-F)
Page 9
6. Prior to issuance of certificates of occupancy, permanent wetland buffer monument signs
shall be installed pursuant to City requirements.
6-.7. The developer shall obtain the appropriate permits or approvals from Mn/DOT, State
Health Department, MPCA, DNR, Wetland Conservation Act (subject to City approval),
Hennepin County, Bassett Creels Watershed, Army Corps of Engineers, and NPDES.
7--.8. Any future development of Outlot B would require separate review and approval of a
PUD general plan.
8-.9. Compliance with the City's tree preservation regulations. The City's tree preservation
regulations shall be applied separately to Outlot B.
9-10. The developer shall include tree protection fencing on the plans for the trees to be
preserved. Such fencing shall remain in place until all constriction in the area is completed.
X11. Architectural design standards for the buildings shall be as specified by the PUD General
Plan, as outlined in City Council Resolution 2006-194 approved on May 9, 2006.
44,12. The use of outdoor loudspeakers shall be limited. Any outdoor loudspeaker system shall
be reviewed for compliance with the City's noise ordinance. The playing of music during
evening and nighttime hours shall be prohibited.
4-2,13. The applicant shall properly address any buried trash or constriction debris found on the
site.
4-3,14. Standard Conditions:
a. Removal of all hazardous trees from the property at the owner's expense.
b. The developer shall comply with the Ordinances regarding turning radii, location of fire
hydrants, lock boxes, post -indicator valves, fire department connections, and fire lanes.
c. All signage shall conform to Section 21155 of the Zoning Ordinance.
d. All strictures shall be protected by a City approved NFPA 13 automatic fire sprinkler
system.
e. A reproducible 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to
the release or reduction of any site improvement financial guarantees.
f. Approval of this final plat shall expire two years from the date approved, unless the
developer has recorded the final plat with Hennepin County, or unless prior to expiration,
the developer submits a written request for an extension not to exceed one additional year,
as regulated under Section 512 of City Code.
ADOPTED by the City Council on June 12, 2007.
Resolution 2007-247
(2005121-F)
Page 10
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 June 12, 2007, 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