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HomeMy WebLinkAboutCity Council Resolution 2014-282CITY OF PLYMOUTH RESOLUTION No. 2014-282 A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR "ENCLAVE ON THE GREENWAY" FOR PROPERTY LOCATED NORTHEAST OF 56TH AVENUE AND TROY LANE (2014004-F) WHEREAS, Pulte Homes of Minnesota, LLC has requested approval of a final plat for the first phase of Enclave on the Greenway for 64 single-family lots located at 5620, 5640, and 5730 Troy Lane and at 5605 and 5705 Lawndale Lane; and WHEREAS, the property is presently legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter, thence West along the North line of said Northeast Quarter of the Southeast Quarter a distance of 205.5 feet to the point of beginning of the property being described; thence deflecting left 32 degrees to the East line of the West 450 feet of said Northeast Quarter of the Southeast Quarter, thence South along said East line to the South line of the North 682 feet of said Northeast Quarter of the Southeast Quarter, thence West along said South line to the West line of said Northeast Quarter of the Southeast Quarter, thence North along said West line to said North line; thence East along said North line to the point of beginning. Together with an easement for driveway purposes over the North 30 feet of that part of the Northeast Quarter of the Southeast Quarter of said Section 6, Township 118, Range 22, lying Easterly of the following described line: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West along the North line of said Northeast Quarter of the Southeast Quarter; a distance of 205.5 feet to the point of beginning of the line being described; thence deflecting left 32 degrees to the South line of said North 30 feet, and there ending; also together with an easement for driveway purposes over a strip of land 15 feet in width, the Northwesterly line of said strip being described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 6, Township 118, Range 22; thence West along the North line of said Northeast Quarter of the Southeast Quarter a distance of 205.5 feet to the point of beginning of the line being described; thence deflecting left 32 degrees to the East line of the West 450 feet of said Northeast Quarter of the Southeast Quarter, and there ending, the Southeasterly line of said 15 -foot strip being extended Southwesterly to intersect said East line; also subject to an easement for driveway purposes over a strip of land 15 feet in width, the Southeasterly line of said strip being described as follows: that part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 118 North, Range 22 Resolution 2014-282 File 2014004-F Page 2 West, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of Section 6, Township 118 North, Range 22 West; thence West along the North line of said Northeast Quarter of the Southeast Quarter a distance of 205.5 feet to the point of beginning of the line being described; thence deflecting left 32 degrees to the East line of the West 450 feet of said Northeast Quarter of the Southeast Quarter, and there ending, according to the United States Government survey thereof. AND That part of the North 682 feet of the Northwest Quarter of the Southeast Quarter of Section 6, Township 118, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at the Northeast corner of said Northwest Quarter of the Southeast Quarter; thence West along the North line of said Northwest Quarter of the Southeast Quarter to a point distant 1,650 feet West of theEast quarter corner of said Section 6; thence deflecting left 90 degrees a distance of 648.77 feet; thence deflecting left 90 degrees a distance of 204.6 feet; thence deflecting right 90 degrees to the South line of said North 682 feet; thence East along said South line to the East line of said Northwest Quarter of the Southeast Quarter; thence North to the point of beginning. AND That part of the North Half of the Southeast Quarter of Section 6, Township 118, Range 22 West of the Fifth Principal Meridian, Hennepin County, Minnesota, lying West of a line described as follows: Commencing at a point on the North line of Southeast Quarter distant 1650 feet West from the Northeast corner of said Southeast Quarter; thence South perpendicular to said North line 648.77 feet; thence East parallel with said line 204.60 feet; thence South perpendicular to said North line to the South line of said North Half of the Southeast Quarter, and there terminating, EXCEPT the South 379.25 feet thereof and ALSO EXCEPT that part thereof lying North of the North line of the South 777 feet of said North Half of the Southeast Quarter. AND That part of the North Half of the Southeast Quarter of Section 6, Township 118, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, lying West of a line described as follows: Commencing at a point on the North line of said Southeast Quarter distant 1650 feet West from the Northeast corner of said Southeast Quarter; thence South perpendicular to said North line 648.77 feet; thence East parallel with said North line 204.6 feet; thence South perpendicular to said North line to the South line of said North Half of the Southeast Quarter, and there terminating, except that part thereof lying South of the North line of the South 777 feet of said North Half of the Southeast Quarter, Hennepin County, Minnesota. Resolution 2014-282 File 2014004-F Page 3 AND The South 379.25 feet of that part of the North Half of the Southeast Quarter of Section 6, Township 118, Range 22, Hennepin County, Minnesota, lying West of a line described as follows: Commencing at a point on the North line of said North Half of the Southeast Quarter (said line having an assumed bearing of West) a distance of 1650.0 feet West from the Northeast corner thereof, thence South 648.77 feet; thence East 204.6 feet; thence South to the South line of the North Half of said Southeast Quarter, all according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. AND That part of the Northwest Quarter of the Southeast Quarter lying South of the North 682 feet thereof and East of a line drawn South perpendicular to the North line of said Southeast Quarter from a point on said North line distant 1445.4 feet West from the Northeast corner of the said Southeast Quarter, Section 6, Township 118, Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota. Together with the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota. And together with the Northeast Quarter of the Southeast Quarter except that part described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West along the North line of said Northeast Quarter of the Southeast Quarter a distance of 205.5 feet to the point of beginning of the exception being described, said point being also the point of beginning of a line hereinafter referred to as "Line A"; thence deflecting left 32 degrees along said "Line A" to its point of intersection with the East line of the West 450 feet of said Northeast Quarter of the Southeast Quarter and said "Line A" there ending; thence South along said East line of the West 450 feet to the south line of the North 682 feet of said Northeast Quarter of the Southeast Quarter; thence West along said South line of the North 682 feet to the West line of said Northeast Quarter of the east Quarter; thence North along said West line to said North line; thence East along said North line to the point of beginning; Hennepin County, Minnesota. 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 Enclave on the Greenway; and Resolution 2014-282 File 2014004-F Page 4 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 Enclave on the Greenway is approved in accordance with the plans received by the city on July 18, 2014, except as may be amended by this resolution. 2. Prior to issuance of a 2radin2 permit: a. grading shall be underway on Peony Lane construction adjacent to the subject property; and b. the developer shall install and request inspection of silt fencing and tree preservation fencing. 3. No utility installation shall commence until utility installation has commenced on Peony Lane adjacent to the subject property. 4. No curb and gutter or paving shall be allowed until paving has started on Peony Lane adjacent to the subject property. 5. The developer is responsible for finding construction traffic access and egress for grading, hauling of fill material, public utility construction, and street construction with the understanding that the City's construction project (City Project No. 10015) is ongoing adjacent to the site and the City's contractor is responsible for the project. No construction traffic is permitted on other adjacent local streets, except that if the Developer chooses to use Troy Lane, they must notify the City and adjacent property owners not less than two weeks in advance. If Troy Lane is used, the Developer shall enter into a separate agreement, post a financial surety, and provide an asphalt overlay at the end of the project. In such case, Troy Lane shall be restored to at least the same condition as before the project began. 6. The developer shall notify potential buyers about future roadway extensions and about the future street improvement project for Peony/Lawndale Lane. 7. A temporary cul-de-sac turn -around shall be provided for the north end of Ranier Lane (abutting the north plat boundary). Signage shall be placed at the end of that street to inform passersby that the streets will be extended northerly in the future. The developer shall also disclose this to potential property owners and buyers within the plat. Resolution 2014-282 File 2014004-F Page 5 8. The homeowner's association documents shall address: a) responsibilities for maintenance and repair of developer -installed retaining walls, wetland buffers, buffer monuments, sidewalks, and any other similar or common features, and b) prohibition on structures and the clearing of native vegetation from the wetland buffers. 9. Prior to recording the final plat, the developer shall: a. Remove the existing structures from the site. Demolition permits are required for removal of existing structures that contain over 120 square feet in area. b. Provide a separate ten -foot wide trail easement along the east side of those properties that abut future Peony Lane right-of-way. c. Provide an easement for the temporary turn -around at the north end of Ranier Lane. d. Execute the development contract and provide the related financial guarantees and fees. e. Receive city approval of final construction plans and obtain all required development permits. f. Convey Outlot D (park outlot) to the city by warranty deed, free and clear of any and all encumbrances, pursuant to the Property Exchange Agreement. g. Pay the required park dedication fee. 10. The Developer shall pay any additional costs for requested changes to the Peony Lane Construction Project. 11. With the exception of up to two model homes, no home construction may commence until Peony Lane is open for traffic between Wayzata High School and County Road 47. 12. Prior to issuance of building permits, evidence of recording of the homeowner's association documents shall be provided to the city. 13. Prior to issuance of building permits for lots abutting wetlands, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. 14. 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. 15. A temporary cul-de-sac turn -around shall be provided for the two streets that abut the north plat boundary. Signage shall be placed at the end of those streets to inform passersby that the streets will be extended northerly in the future. The developer shall also disclose this to potential property owners and buyers within the plat. 16. Standard Conditions: Resolution 2014-282 File 2014004-F Page 6 a. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. b. Development standards and setbacks for this plat 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. 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. e. The sidewalks along all streets shall be installed at the same time the streets are installed. f. Compliance with the city's tree preservation regulations. g. Removal of all hazardous trees at the owner's expense. h. No trees shall be planted in the boulevard. 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 September 9, 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 September 9, 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