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HomeMy WebLinkAboutCity Council Resolution 2012-241CITY OF PLYMOUTH RESOLUTION No. 2012-241 A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR PULTE HOMES OF MINNESOTA LLC, FOR "ELM CREEK HIGHLANDS EAST 3RD ADDITION" LOCATED IN THE NORTH PORTION OF ELM CREEK HIGHLANDS EAST (2012055-F) WHEREAS, Pulte Homes of Minnesota LLC, has requested approval of a final plat and development contract to allow a subdivision containing 24 single-family lots and one outlot on the roughly 10.8 -acre site located in the north portion of Elm Creels Highlands East, legally described as outlot C, Elm Creels Highlands East. WHEREAS, city staff has prepared a development contract covering the improvements related to said plat. 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 LLC for a final plat for Elm Creels Highlands East -1 Addition; 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 24 single-family lots and one outlot, in accordance with the plat and plans received by the City on July 3, 2012, except as may be amended by this resolution. 2. Prior to recording the final plat, the applicant shall execute a development contract for the public and private improvements, and shall submit the required financial guarantees. 3. 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 street name from Jewel Court to Jewel Lane. Resolution 2012-241 File 2012055-F Page 2 b. Assessment/easement/agreement/permit requirements: (1) Payment of watermain area charges in the amount of $24,250.23 (2) Payment of sanitary sewer area charges in the amount of $6,538.24. (3) Provide a temporary utility easement over outlot A for utilities, until outlot A is final platted in the future. (4) Encroachment agreements are required where retaining walls are located in drainage and utility easements on Lots 1 through 14, 19, 20 and 21, Block 1. (5) Necessary permits and approvals from other agencies: MPCA and the Minnesota Department of Health. (6) The home owners association documents shall be amended as appropriate to include Elm Creels Highlands East Third Addition into the master association of Elm Creels Highlands. c. Street and utility plans: (1) Engineer shall sign final approved plans. (2) Constrict granular road section, sewer, water services and hydrants with this project on fiiture Kimberly Lane in outlot A. (3) Remove pedestrian crossing pavement markings and show advance pedestrian crossing signs at crossing on Jewel Lane. (4) Call out sewer riser footages (typ.). (5) Use SDR 26, eight -inch PVC between sanitary sewer manholes 25 and 28. (6) Show a hydrant at the vertical high point on Jewel Lane. Station 3+40. (7) Submit fire flow calculations for hydrants H-15 and H-16. Flow both hydrants simultaneously with each hydrant flowing a minimum 1,500 gallons per minute at 20 pounds per square inch residual pressure. d. Grading and erosion control plan: (1) Update the SWPP plan date, use 2012 details. 4. Prior to issuance of a building permit, the applicant shall: a. Provide a disclaimer to be reviewed and approved by city staff, to be provided to all potential buyers in the development regarding the existence of the gun club, its hours of operation, and that repetitive, loud noise is produced during those hours. b. For all lots within 750 feet of the gun club property, an additional, city -approved shooting range protection act disclaimer shall be signed by the property owner and returned to the city. 5. 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. Resolution 2012-241 File 2012055-F Page 3 6. The City Council waives the requirement for a secondary access for the long cul-de-sac street of Jewel Lane. 7. Setbacks for this development shall comply with the RSF-3 zoning standards; no variances are approved or implied. 8. The sidewalks along all streets shall be installed at the same time the streets are installed. 9. Standard conditions: a. No building permits shall be issued until the final plat, HOA documents, 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. 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. Approved this 14th Day of August 2012. 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 14, 2012, 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