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HomeMy WebLinkAboutCity Council Resolution 2013-252CITY OF PLYMOUTH RESOLUTION No. 2013-252 A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR RYLAND HOMES, FOR "CREEK RIDGE" FOR 20 SINGLE FAMILY LOTS AND ONE OUTLOT FOR PROPERTY LOCATED AT 5405 VICKSBURG LANE NORTH (2013018-F) WHEREAS, Ryland Homes, has requested approval of a final plat and development contract to allow a subdivision containing 20 single-family lots on the roughly 16 -acre site presently legally described as follows: The South 526.00 feet of the Southeast quarter of the Southeast quarter 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 and related to the improvements of Creek Ridge 2" a Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Ryland Homes for a final plat for Creek Ridge; 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. A final plat is approved for the creation of 20 single-family lots, in accordance with the application received by the city on June 26, 2013 and the plat and plans received by the city on July 22, 2013, except as may be amended by this resolution. 2. Setbacks for this development shall comply with the RSF-3 zoning standards; no variances are approved or implied. 3. A temporary constriction access shall be constricted from Vicksburg Lane to the site, prior to tree removal or any site grading. All constriction vehicles shall access the site via this temporary access while this access is open. The temporary constriction access shall remain open until: 1) 70% of the homes in the subdivision have received final building occupancy; Resolution 2013-252 File 2013018-17 Page 2 2) the streets in the development have been through one winter cycle; and 3) a street connection is made into the Kirkwood subdivision. 4. The developer shall constrict the sanitary sewer service to the east side of the Vicksburg Lane right-of-way at the same time as the sanitary sewer constriction for the Creek Ridge Development. 5. The developer shall maintain the private sanitary sewer lift station and related system for at least five (5) years from the date that the first home in the subdivision is occupied. The developer may turn over the maintenance responsibility of the private sanitary sewer lift station and related system to the Creek Ridge homeowner's association after that time. Information regarding this shall be disclosed to potential home buyers and shall be addressed in the homeowner's association documents. 6. If and when the Creek Ridge homeowner's association would take over maintenance responsibility for the private sanitary sewer lift station and related system, the homeowner's association shall demonstrate an ability to maintain the system, and shall address maintenance of the system in the homeowner's association budget. Information regarding this shall be disclosed to potential home buyers and shall be addressed in the homeowner's association documents. 7. In the event that the developer or homeowner's association is unable to maintain the private sanitary sewer lift station, the City shall have the right to do so and assess or otherwise charge the costs to the homeowners within the development. Information regarding this shall be disclosed to potential home buyers and shall be addressed in the homeowner's association documents. 8. The lift station shall accommodate 15 lots in the Creek Ridge development (pursuant to the approved utility plan) and the two lots of the Creek Ridge Second Addition development. 9. Outlot A must be removed from the Creek Ridge plat. Therefore, the Creek Ridge plat shall be recorded at the same time as the Creek Ridge 2" a Addition plat. 10. Prior to disturbance of the wetlands, the applicant shall obtain approval of a wetland mitigation/replacement plan. 11. Prior to issuance of a 2radin2 permit, the applicant shall install and request inspection of silt fencing and tree preservation fencing. 12. Prior to recording the final plat, the applicant shall: a) Record a lot line adjustment between 5405 and 5335 Vicksburg Lane. b) Remove the home at 5405 Vicksburg Lane. b) Pay watermain area charges in the amount of $50,970.06. c) Pay sanitary sewer area charges in the amount of $13,731.66. Resolution 2013-252 File 2013018-17 Page 3 d) Pay the park dedication cash fee. e) Execute a development contract and submit related financial guarantees and fees. f) Receive city approval of final constriction plans. g) Receive staff approval of fire flow calculations. Based on water pressures and the timing of the watermain constriction to the site from the adjacent Kirkwood subdivision, the city may require additional watermain looping. h) Vacate the right-of-way easement on the south side of the property (document number 4393608). i) Revise the drainage and utility easements on the final plat for Lots 1 and 2, Block 1, as approved by city staff to allow for a fiiture lot line adjustment. The applicant shall also provide a separate drainage and utility easement document, as approved by staff, for recording after these lots are adjusted. j) Submit an action plan with emergency notification procedures for the privately maintained temporary sanitary sewer lift station. Literature shall be provided to prospective home owners of this. The lift station must have a warning light on top which comes on when the system is not fiinctioning properly. An emergency telephone number must be visibly displayed. The contact shall be available for emergencies 24 hours per day, 365 days per year. k) The developer shall submit revised homeowners association documents for city review and approval, to ensure that the correct temporary lift station disclosures and maintenance responsibilities are identified. 1) Submit a lift station disclosure for city staff review. m) Submit a disclosure to the buyers of Lots 1 through 5, Block 2 for city staff review that describes the use of the rear -yard easement for constriction of the fiiture Vicksburg Lane expansion and potential bridge over the railroad. 13. Prior to the issuance of a building permit, the applicant shall submit a survey indicating: a. A minimum of two front yard trees to be preserved or planted, and b. Silt fence and tree preservation fencing installed consistent with city code. c. The sidewalks shall be constricted. 14. The City Council waives the requirement for a secondary access for the long cul-de-sac street of 53rd Place. 15. Standard conditions: a. No building permits shall be issued until the final plat and all easements and agreements are filed and recorded with Hennepin County and proof of recording is submitted to the city. b. Any signage shall require separate permits and shall comply with the city's signage regulations. c. Building permits are required for retaining walls 48 inches in height or higher. Additionally, a fence shall be installed at the top of retaining walls that exceed four feet in height. d. Compliance with the city's tree preservation regulations. Resolution 2013-252 File 2013018-17 Page 4 e. Removal of all hazardous trees from the property at the owner's expense. f. 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. ADOPTED on August 13, 2013. 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 August 13, 2013, 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