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HomeMy WebLinkAboutCity Council Resolution 2014-267CITY OF PLYMOUTH RESOLUTION No. 2014-267 RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR "PLYMOUTH PRESERVE" FOR PROPERTY LOCATED AT 5336, 5340, AND 5360 VICKSBURG LANE (2014010-F) WHEREAS, Plymouth Preserve, LLC has requested approval of a final plat for 27 single-family lots on roughly 15 acres located at 5336, 5340, and 5360 Vicksburg Lane; and WHEREAS, the property is presently legally described as follows: PARCEL 1 That part of the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence on an assumed bearing of North 89 degrees, 33 minutes, 19 seconds west along the North line of said Northwest Quarter a distance of 1,000 feet; thence South 44 degrees, 51 minutes, 40 seconds East along a line hereinafter referred to as Line A a distance of 1,421.74 feet to a point in the East line of said Northwest Quarter distant 1,000 feet South of the Northeast corner thereof; thence North 44 degrees, 51 minutes, 40 seconds West along said Line A a distance of 1,356.50 feet to the point of beginning of the land to be described; thence North 44 degrees, 51 minutes, 40 seconds West along said Line A a distance of 65.24 feet to the North line of said Northwest Quarter; thence North 89 degrees, 33 minutes, 19 seconds West along said North line a distance of 585 feet; thence South 0 degrees, 26 minutes, 41 seconds West a distance of 488.29 feet to the intersection with a line 60 feet North of, measured at right angles to, and parallel with the Northerly right-of-way line of the Soo Line Railroad; thence Southeasterly along said parallel line to its intersection with a line bearing South 45 degrees, 08 minutes, 20 seconds West from the point of beginning; thence North 45 degrees, 08 minutes, 20 seconds East a distance of 727.27 feet to the point of beginning, Hennepin County, Minnesota. An undivided one-sixth (1/6) interest in That part of the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County, Minnesota described as follows: Commencing at the intersection of the Northeasterly right-of-way line of the Soo Line Railroad and the East line of said Northwest Quarter; thence Northwesterly along said right-of-way line a distance of 152.38 feet to the point of beginning; thence Northeasterly along a line radial to said right-of- way line to its intersection with a line 60 feet Northeasterly of, measured radial to, and parallel with said right-of-way line; thence Northwesterly along said parallel line a distance of 393.81 feet; thence Northeasterly deflecting to the right 90 degrees a distance of 30 feet, thence Northwesterly deflecting to the left 90 degrees a distance of 100 feet; thence Southwesterly deflecting to the left 90 degrees a distance of 30 feet to said parallel line; thence Northwesterly Resolution 2014-267 File 2014010-F Page 2 along said parallel line to its intersection with the West line of said Northwest 1/4; thence Southerly along said West line to the Northerly right-of-way line of said Soo Line Railroad; thence Easterly and Southeasterly along said right-of-way line to the point of beginning. Abstract Property. PARCEL 2 That part of the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence on an assumed bearing of North 89 degrees, 33 minutes, 19 seconds west along the North line of said Northwest Quarter a distance of 1,000 feet; thence South 44 degrees, 51 minutes, 40 seconds East along a line hereinafter referred to as Line A a distance of 1,421.74 feet to a point in the East line of said Northwest Quarter distant 1,000 feet South of the Northeast corner thereof; thence North 44 degrees, 51 minutes, 40 seconds West along said Line A a distance of 1,041.50 feet to the point of beginning of the land to be described; thence North 44 degrees, 51 minutes, 40 seconds West along said Line A a distance of 315 feet; thence South 45 degrees 08 minutes, 20 seconds West a distance of 727.33 feet to the intersection with a line 60 feet North of, measured at right angles to, and parallel with the Northerly right-of-way line of the Soo Line Railroad; thence Southeasterly along said parallel line to its intersection with a line bearing South 45 degrees, 08 minutes, 20 seconds West from the point of beginning; thence North 45 degrees, 08 minutes, 20 seconds East a distance of 661.17 feet to the point of beginning, Hennepin County, Minnesota. An undivided one-sixth (1/6) interest in That part of the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County, Minnesota described as follows: Commencing at the intersection of the Northeasterly right-of-way line of the Soo Line Railroad and the East line of said Northwest Quarter; thence Northwesterly along said right-of-way line a distance of 152.38 feet to the point of beginning; thence Northeasterly along a line radial to said right-of- way line to its intersection with a line 60 feet Northeasterly of, measured radial to, and parallel with said right-of-way line; thence Northwesterly along said parallel line a distance of 393.81 feet; thence Northeasterly deflecting to the right 90 degrees a distance of 30 feet, thence Northwesterly deflecting to the left 90 degrees a distance of 100 feet; thence Southwesterly deflecting to the left 90 degrees a distance of 30 feet to said parallel line; thence Northwesterly along said parallel line to its intersection with the West line of said Northwest Quarter; thence Southerly along said West line to the Northerly right-of-way line of said Soo Line Railroad; thence Easterly and Southeasterly along said right-of-way line to the point of beginning. Abstract Property. PARCEL 3 That part of the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence on an assumed bearing of North 89 degrees, 33 minutes, 19 seconds west along the North line of said Northwest Quarter a distance of 1,000 feet; thence South 44 degrees, 51 minutes, 40 seconds East along a line hereinafter referred to as Line A a distance of 1,421.74 Resolution 2014-267 File 2014010-F Page 3 feet to a point in the East line of said Northwest Quarter distant 1,000 feet South of the Northeast corner thereof; thence North 44 degrees, 51 minutes, 40 seconds West along said Line A a distance of 691.50 feet to the point of beginning of the land to be described; thence North 44 degrees, 51 minutes, 40 seconds West along said Line A a distance of 350 feet; thence South 45 degrees 08 minutes, 20 seconds West a distance of 661.17 feet to the intersection with a line distant 60 feet North of, measured at right angles to, and parallel with the Northerly right- of-way line of the Soo Line Railroad; thence Southeasterly along said parallel line to its intersection with a line bearing South 45 degrees, 08 minutes, 20 seconds West from the point of beginning; thence North 45 degrees, 08 minutes, 20 seconds East a distance of 587.75 feet to the point of beginning, Hennepin County, Minnesota. An undivided one-sixth (1/6) interest in That part of the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County, Minnesota described as follows: Commencing at the intersection of the Northeasterly right-of-way line of the Soo Line Railroad and the East line of said Northwest Quarter; thence Northwesterly along said right-of-way line a distance of 152.38 feet to the point of beginning; thence Northeasterly along a line radial to said right-of- way line to its intersection with a line 60 feet Northeasterly of, measured radial to, and parallel with said right-of-way line; thence Northwesterly along said parallel line a distance of 393.81 feet; thence Northeasterly deflecting to the right 90 degrees a distance of 30 feet, thence Northwesterly deflecting to the left 90 degrees a distance of 100 feet; thence Southwesterly deflecting to the left 90 degrees a distance of 30 feet to said parallel line; thence Northwesterly along said parallel line to its intersection with the West line of said Northwest Quarter; thence Southerly along said West line to the Northerly right-of-way line of said Soo Line Railroad; thence Easterly and Southeasterly along said right-of-way line to the point of beginning. Abstract Property. 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 Plymouth Preserve, LLC for a final plat for Plymouth Preserve; 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. The final plat for Plymouth Preserve is approved in accordance with the plans received by the city on July 24, 2014, except as may be amended by this resolution. 2. Prior to commencement of grading operations, the developer shall install and request inspection of tree preservation fencing and silt fencing. Resolution 2014-267 File 2014010-F Page 4 3. Prior to recording the final plat, the developer shall: a. Receive city approval of the wetland replacement plan application. b. Receive city approval of final construction plans. c. Provide the city with a 20 -foot wide trail easement between the homes on Lots 2 and 3 of Block 2, as shown on the plans dated July 24, 2014. d. Obtain an encroachment agreement for areas where developer -installed retaining walls would be located within a drainage and utility easement. e. Execute the development contract and provide the related financial guarantees and fees. f. Pay the required park dedication cash fee. g. Offer to deed (at no charge) their 3/6 ownership in the shared driveway to the three remaining landowners who access the driveway. h. Provide easements for the temporary cul-de-sac turn-arounds in recordable form. Evidence of recording must be provided prior to issuance of building permits. 4. Within 30 days after the final plat is filed and recorded with Hennepin County and before commencing grading and before any building permits are issued for new construction, the existing structures must be removed from the site. Demolition permits are required prior to removal of existing structures that are over 120 square feet in size. 5. Prior to issuance of building permits, signage shall be placed at the end of the streets with a temporary cul-de-sac turn -around to inform passersby that the streets will be extended in the future. The developer and builders shall also disclose this to potential property owners and homebuyers within the plat. 6. Prior to issuance of building permits for lots abutting wetlands, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. 7. Prior to issuance of building permits for lots that abut the park outlot, the developer shall install parkland signs/monuments to delineate the park property, in locations as required by the City Parks Department. 8. Prior to issuance of building permits for Lots 2 and 3 of Block 2, the developer shall install the city trail segment on the easement within those lots. The trail shall be connected to the trail in Fairway Greens Park. 9. The developer shall notify potential buyers about future roadway extensions and about the future street improvement project for Vicksburg Lane. 10. Access to Vicksburg Lane may be limited or restricted during the Vicksburg Lane reconstruction project. 11. The developer and builders shall disclose to lot buyers and home buyers: a) responsibilities for maintenance and repair of the wetland buffers, buffer monuments, developer -installed retaining Resolution 2014-267 File 2014010-F Page 5 walls, sidewalks, and any other similar or common features, and b) the prohibition of structures and the clearing of native vegetation from the wetland buffers. 12. Standard Conditions: a. Except as otherwise may be allowed for model homes, no building permits shall be issued until the final plat is filed and recorded with Hennepin County. b. Development standards and setbacks shall comply with the RSF-3 zoning standards. No variances are granted or implied. c. Any signage shall require separate permits and shall comply with the city's sign regulations. d. No building permits shall be issued for any lot that abuts a sidewalk unless such sidewalk has been installed, or unless a sidewalk agreement is provided for that lot. e. Separate 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. f. No trees shall be planted in the boulevard. g. Compliance with the city's tree preservation regulations. h. Removal of all hazardous trees at the owner's expense. i. 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 by the Plymouth City Council on this 26th day of August, 2014. Resolution 2014-267 File 2014010-F Page 6 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 26, 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