HomeMy WebLinkAboutCity Council Resolution 2012-250CITY OF PLYMOUTH
RESOLUTION No. 2012-250
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR US HOME CORPORATION DBA
LENNAR FOR "KIRKWOOD" FOR PROPERTY LOCATED AT 5205, 5250,
5330 AND 5350 DUNKIRK LANE (2012041)
WHEREAS, US Home Corporation dba Lennar has requested approval of a preliminary plat for
the roughly 25 -acre parcel presently legally described as follows:
PARCEL 1: The North Quarter of the West Half of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22. Together with an easement for
road purposes over the Southeasterly 60 feet of that part of the east 660 feet of the
Northeast Quarter of the Northeast Quarter of Section 8, Township 118, Range 22, lying
north of said Northwesterly railroad right-of-way line as shown in Deed Doc. No. 1170715,
files of the Registrar of Titles; and together with an easement for road purposes over the
north 30 feet of the east 660 feet of the North Half of the Northeast Quarter of Section 8,
Township 118, Range 22, as shown in Deed Doc. No. 1170715, Files of the Registrar of
Titles, according to the U.S. Government Survey thereof, Hennepin County, Minnesota.
Torrens Certificate No. 758686
PARCEL 2: The South Half of the Northwest Quarter of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
Together with an easement for road purposes over the North 30 feet of the East 660 feet of
the North Half of the Northeast Quarter of Section 8, Township 118, Range 22 as shown in
Deed Doc. No. 1170715. Torrens Certificate No. 1227600
PARCEL 3: The North Half of the Southwest Quarter of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
Torrens Certificate No. 676217
PARCEL 4: The South Half of the Southeast Quarter of the Northeast Quarter of the
Northwest Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
Torrens Certificate No. 1071074
PARCEL 5: The South Half of the Southwest Quarter of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
Together with an easement for road purposes over the Southeasterly 60 feet of that part of
the East 660 feet of the Northeast Quarter of the Northeast Quarter, Section 8, Township
118, Range 22, lying North of Northwesterly railroad right of way line as shown in deed
Document No. 1170715 Together with an easement for road purposes over the North 30
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feet of the East 660 feet of the North Half of the Northeast Quarter of Section 8, Township
118, Range 22, as shown in deed Document No. 1170715.
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 US Home Corporation dba Lennar for a preliminary plat for "Kirkwood", subject to
the following conditions:
1, A preliminary plat is approved to allow the property at 5205, 5250, 5330 and 5350 Dunkirk
Lane to be subdivided into 46 single-family lots, in accordance with the application and plans
received by the city on May 31, 2012 and July 10 and 13, 2012, except as may be amended by
this resolution.
2. Approval of the preliminary plat is contingent upon City Council approval of the rezoning of
the site to RSF-3.
1. Prior to disturbance of the wetlands or in conjunction with the approval of the final
plat, the applicant shall obtain approval of a wetland mitigation/replacement plan.
2. Prior to issuance of a 2radin2 permit, the applicant shall install and request inspection of silt
fencing and tree preservation fencing.
3. Prior to recording the final plat, the applicant shall 1) pay the park dedication cash fee with
credit for land to be dedicated for park property, in accordance with the ordinance in effect at
the time the final plat is recorded and 2) remove the existing homes, garages and all other
strictures. The applicant may phase the removal of strictures consistent with the phasing
plan.
4. Prior to final platting, 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. Assessment/right-of-way/easement/agreement/permit requirements:
(1) Payment of water and sanitary sewer area charges.
(2) Submit separate disclosures indicating 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.
(3) Provide HOA documents for the development that include language addressing the
following: 1) prohibition of strictures and clearing vegetation in wetland buffers; 2)
maintenance for common elements including buffer monuments, the pool,
community building and lot, median plantings, mailboxes, monument signs, shared
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retaining walls, sidewalks, etc.; and 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.
(4) Provide temporary easements for grading purposes to constrict turnarounds at the
ends of 59"' Avenue, 60"' Avenue, and Zanzibar Lane.
(5) Execute encroachment agreements for retaining walls to be located in drainage and
utility easements.
(6) Provide the following permits: Minnesota Pollution Control Agency for sanitary
sewer extensions; Minnesota Department of Health (for watermain extensions and
well abandonment); Elm Creek Watershed; NPDES; Hennepin County (on-site
sewage system abandonment); and City of Plymouth right-of-way permits and
building removal.
b. Submit fire flow calculations.
c. Amend the plat to 1) assign the park property a lot/block legal description and 2) remove
any encroachment of private lots from the city property acquired for a park.
d. Grading and erosion control plans:
(1) Add wetland buffers and monuments on the homes on Lots 2 and 3 for the wetland
located on the Timber Creek Crossing property as required by section 21670 of the
zoning ordinance. Indicate the maximum required wetland buffer width where the
grades exceed 12 percent.
(2) Indicate the temporary emergency access in Timber Creek Crossing will be removed
and the affected area returned to yard and sodded.
(3) Add a note to all grading plan sheets: "Mass grading for the entire site must be
certified complete by the project engineer, in writing, and all off-road equipment
removed from the site prior to beginning the utility installation."
e. Street and utility plan:
(1) Amend the plans to move 52"a Avenue a minimum of 10-15 feet further north.
(2) Indicate how school buses and other large vehicles would turn around until Dunkirk
Lane is completed.
(3) Remove the pedestrian ramp at the intersection of 51" Place North and Dunkirk
Lane.
(4) Add one additional street label for Comstock Lane between the intersections of
Comstock Lane and a) 52"a Avenue and b) 5-1 Avenue.
(5) Relocate existing utilities in the existing Dunkirk Lane corridor where realignment
will occur.
f. Revise the landscaping plan to: 1) relocate trees planted within 10 feet of utility mains or
pond access easements, or within the vicinity of the trails and 2) remove all proposed trees
from the park property or lands to be exchanged for park property and indicate the total
number of tree inches to be planted on park property. The city will determine appropriate
locations for trees through the master planning process.
g. Consider revising the tree preservation plan to include the following trees as disturbed:
205, 206, 225-228, 255-260, 267, 307, 331, 354, 465, 470, and 482 as they are close to
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disturbed areas and homes. Disturbance of trees indicated as preserved would result in
fines.
h. Provide a storm water protection plan including the responsible parties and contact
information.
5. The existing gravel Dunkirk Lane shall be removed, replaced with top soil, seeded with turf
grasses and the easements vacated when Dunkirk Lane is realigned and re -constricted to city
standards.
6. 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.
7. Prior to the issuance of a building permit for a home within 750 feet of the tun club
property, an additional, city -approved shooting range protection act disclaimer shall be
signed by the property owner and returned to the city.
8. 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.
9. Prior to the issuance of a building permit for Lot 1, the applicant shall submit a
geotechnical report to address wetland fill. The report shall be prepared by a certified
engineer licensed by the State of Minnesota.
10. Prior to issuance of any certificates of occupancy for all homes (except models), the
developer shall constrict Dunkirk Lane from the north plat boundary to the south plat
boundary.
11. 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 and a deed
submitted for all park property.
b. Compliance with the city's tree preservation regulations.
c. Building permits are required for retaining walls higher than 48 inches in height.
Additionally, a fence with a minimum height of three feet shall be installed at the top of
retaining walls that exceed four feet in height.
d. Removal of all hazardous trees from the property at the owner's expense.
e. 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.
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ADOPTED by the City Council on August 14, 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