HomeMy WebLinkAboutCity Council Resolution 2014-209CITY OF PLYMOUTH
RESOLUTION No. 2014-209
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR "ASPEN HOLLOW" FOR
PROPERTY LOCATED FROM 5495 TO 5735 DUNKIRK LANE (2014008)
WHEREAS, Pulte Homes of Minnesota has requested approval of a preliminary plat for the
roughly 111 -acre parcel presently legally described as follows:
PARCEL 1: That part of the East 660 feet of the South 1/2 of the North 1/2 of the Southwest
Quarter lying North of the South 260 feet thereof, Section 5, Township 118, Range 22, Hennepin
County, Minnesota.
PARCEL 2: The North 1/2 of the Northwest Quarter of the Southwest Quarter; and the West 1/2
of the South 1/2 of the North 1/2 of the Northeast Quarter of the Southwest Quarter, all in
Section 5, Township 118, Range 22 North; together with an easement for road purposes over the
South 33 feet of the North 1/2 of the North 1/2 of the Northeast Quarter of the Southwest Quarter
of Section 5, Township 118, Range 22, and together with an easement for roadway purposes over
the North 33 feet of the East 1/2 of the South 1/2 of the North 1/2 of the Northeast Quarter of the
Southwest Quarter of Section 5, Township 118, Range 22, according to the United States
Government Survey thereof, Hennepin County, Minnesota.
PARCEL 3: The South 1/2 of the North 1/2 of the Southwest Quarter of Section 5, Township
118 North of Range 22 West of the 5th Principal Meridian, Except the following described tract:
Commencing at a point on the East line of said South 1/2 of the North 1/2 of the Southwest
Quarter distant 260 feet North from the Southeast Corner of said South 1/2 of the North 1/2 of
the Southwest Quarter; thence West and parallel with the South line of said South 1/2 of the
North 1/2 of the Southwest Quarter a distance of 660 feet; thence North and parallel with the
East line of said South 1/2 of the North 1/2 of the Southwest Quarter a distance of 403.12 feet,
more or less, to the North line of said South 1/2 of the North 1/2 of the Southwest Quarter;
thence East along said North line a distance of 660 feet to the Northeast corner of said South 1/2
of the North 1/2 of the Southwest Quarter; thence South along the East line of said South 1/2 of
the North 1/2 of the Southwest Quarter a distance of 404.26 feet, more or less, to the point of
commencement, Hennepin County, Minnesota. Together with an easement for road purposes
over the following described property: The North 33 feet of that part of the South 1/2 of the
North 1/2 of the Southwest Quarter of the Section 5, Township 118 North, Range 22 West
described as follows: Commencing at a point on the East line of said South 1/2 of the North 1/2
of the Southwest Quarter distant 260 feet North from the Southeast corner of said South 1/2 of
the North 1/2 of the Southwest Quarter; thence West and parallel with the South line of said
South 1/2 of the North 1/2 of the Southwest Quarter a distance of 660 feet; thence North and
parallel with the East line of said South 1/2 of the North 1/2 of the Southwest Quarter a distance
of 403.12 feet, more or less, to the North line of said South 1/2 of the North 1/2 of the Southwest
Quarter; thence East along said North line a distance of 660 feet to the Northeast corner of said
South 1/2 of the North 1/2 of the Southwest Quarter: thence South along the East line of said
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South 1/2 of the North 1/2 of the Southwest Quarter a distance of 404.26 feet, more or less, to the
point of commencement, Hennepin County, Minnesota.
PARCEL 4: The Southeast Quarter of the Southwest Quarter, Section 5, Township 118, Range
22, except the East 722.00 feet thereof and the North 60.00 feet of the South 694.20 feet of the
East 722.00 feet of the Southeast Quarter of the Southwest Quarter of Section 5, Township 118,
Range 22, Hennepin County, Minnesota.
PARCEL 5: The East 1/2 of the South 1/2 of the North 1/2 of the Northeast 1/4 of the
Southwest 1/4 of Section 5, Township 118, Range 22 West of the 5th Principal Meridian,
Hennepin County, Minnesota.
PARCEL 6: That part of the East 722.00 feet of the Southeast Quarter of the Southwest 1/4 of
Section 5, Township 118, Range 22, lying North of the South 1011.30 feet thereof, Hennepin
County, Minnesota.
PARCEL 7: The North 317.10 feet of the South 1011.30 feet of the East 722.00 feet of the
Southeast Quarter of the Southwest Quarter of Section 5, Township 118, Range 22, Hennepin
County, Minnesota.
PARCEL 8: The South 317.10 feet of the East 722.00 feet of the Southeast Quarter of the
Southwest Quarter of Section 5, Township 118, Range 22, Hennepin County, Minnesota.
PARCEL 9: The North 317.10 feet of the South 634.20 feet of the East 722.00 feet of the
Southeast Quarter of the Southwest Quarter of Section 5, Township 118, Range 22, Hennepin
County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing
and recommends approval.
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 Pulte Homes of Minnesota for a preliminary plat for "Aspen Hollow", subject to the
following conditions:
1. A preliminary plat is approved to allow the property to be subdivided into 139 lots for single-
family homes, in accordance with the application and plans received by the city on February
12, March 20 and April 28, 2014, except as may be amended by this resolution.
2. Approval of the preliminary plat is contingent upon City Council approval of the reguiding,
amendment to the sanitary sewer plan, rezoning the site to RSF-3 and a wetland replacement
plan or exemption as may be applicable.
3. No private driveway access from any lot shall be permitted to Dunkirk Lane.
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4. Secondary access to the Garland Lane cul-de-sacs is waived upon the finding that no
practical opportunity for a secondary access exists.
5. The Northwest Greenway trail corridor and the neighborhood trail connections shall be
constructed at the same time as the streets for the development.
6. Prior to recording the final plat, the applicant shall: 1) receive city approval of final
construction plans; 2) execute a development contract and submit related fees and financial
guarantees; 3) remove the houses and all accessory buildings and fences in each phase; and
4) submit all tree restitution payments.
7. Prior to the final plat for the phase including Lots 60-64, the city will re-evaluate the need
for the street connection to 5325 Dunkirk Lane.
8. Prior to recording the final plat, 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. Revise the plans consistent with the Greenway and Park Area exhibit submitted June 5,
2014.
b. Provide HOA documents for the development that include language addressing the
following: 1) prohibition of structures and clearing vegetation in wetland buffers; 2)
maintenance for common elements including buffer monuments, median plantings,
mailboxes, monument signs, shared retaining walls, sidewalks, etc.; 3) notification
regarding the Plymouth Gun Club, its hours of operation, that repetitive loud noise is
produced during those hours and that its hours are subject to change; and 4) that a
driveway may be constructed in the future between lots 40 and 41.
c. Submit separate disclosures indicating: 1) the presence of the Gun Club, its hours of
operation, that repetitive, loud noise is produced during those hours and that its hours are
subject to change and 2) that a driveway may be constructed in the future between lots
40 and 41.
d. Submit executed encroachment agreements for all lots with retaining walls that are
located within drainage and utility easements.
e. Submit fire flow calculations and provide the total square footage of the largest
proposed structure.
f Revise the plat, as follows:
1) Amend the standard drainage and utility easements to be six -feet along interior
property lines and 10 -feet when adjacent to rights-of-way.
2) Absorb Outlots A and C into the adjacent lots and place easements over the utilities
and ponds.
3) Increase Outlot B to allow the Northwest Greenway trail corridor to be constructed
outside the wetland buffer.
4) Reduce the park property on the north end of the site to the edge of the wetland
buffers and extend the adjacent lot property lines to include the wetland buffers.
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5) Revise the lot lines for Lot 12 to ensure that the lot can accommodate a Pulte floor
plan based on the setbacks of the RSF-3 zoning district.
g. Revise the grading plan, as follow:
1) Indicate wetland buffer monuments at all lot lines and at each point where the buffer
changes direction.
2) Add grades for the Northwest Greenway trail corridor. The Northwest Greenway
trail shall be a minimum of two -feet above the high water elevation of adjacent
ponds and wetlands.
h. Revise the plans to indicate the Northwest Greenway as a 10 -foot trail.
i. Revise the plans to indicate the required 12 -inch trunk water main constructed between
Peony and Dunkirk Lane and indicate a water main stubbed to the south property line
with the Gun Club site.
j. Revise the landscaping plan to remove all the proposed trees from the right-of-way
between lots 40 and 41.
k. Revise the plans to move the sidewalk on 55th Avenue to the north side of the street to
match the sidewalk along 55th Avenue on the east side of Dunkirk Lane.
1. Submit a separate 20 -foot trail easement for the trail connection to the park property
between Lots 10 and 11 and extend the trail to the park property.
m. Revise the plans as needed to show the driveways 40 feet from intersections as measured
at property line intersections.
n. Add the high water level of all ponds and wetlands and indicate that all homes have a
lowest floor a minimum of two feet above the high water level.
o. Submit an easement for a temporary cul-de-sac on Fountain Lane.
9. 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.
10. After the Northwest Greenway trail is constructed, staff will determine the appropriate
number of trees to be planted. The applicant shall be responsible to pay any additional tree
restitution due to fewer trees planted than proposed.
11. Install park monuments on property corners and elsewhere as directed for all lots adjacent to
the neighborhood park and the Northwest Greenway trail corridor.
12. The developer and any subsequent property owner owning land within 750 feet of the gun
club property is responsible for any required noise mitigation on their property pursuant to
the Shooting Range Protection Act, Minnesota Statutes Chapter 87A.
13. Standard Conditions:
a. With the exception of a model home, no building permits shall be issued until the final
plat, agreements, and easements are filed and recorded with Hennepin County.
b. All retaining walls over four feet shall require issuance of a building permit and a three-
foot fence installed on top of the wall.
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c. Compliance with the city's tree preservation regulations.
d. No trees shall be planted in the public right-of-way.
e. Signs shall require a separate permit and comply with section 21155 of the zoning
ordinance.
f. Removal of all hazardous trees from the property at the owner's expense.
g. This approval shall expire one year after the date of approval, unless the applicant has
applied for final plat approval, 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 510 of city code.
ADOPTED by the City Council on June 10, 2014.
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 10, 2014 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