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HomeMy WebLinkAboutCity Council Resolution 2014-321CITY OF PLYMOUTH RESOLUTION No. 2014-321 A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR "SERENITY ON PLYMOUTH CREEK" FOR 10 SINGLE-FAMILY LOTS FOR PROPERTY LOCATED AT 4225 AND 4245 DUNKIRK LANE NORTH (2014050-F) WHEREAS, Plymouth Holly Creek, LLC has requested approval of a final plat and development contract to allow a subdivision containing 10 single-family lots on the properties located at 4225 and 4245 Dunkirk Lane North presently legally described as follows: For 4225 Dunkirk Lane North: The South 270.30 feet of the North 330.00 feet of the East 470.25 feet of the Southeast Quarter of the Northwest Quarter of Section 17, Township 118 North, Range 22 West, Except the South 108.00 feet of the East 223.00 feet thereof, Hennepin County, Minnesota. For 4245 Dunkirk Lane North: The North 59.70 feet of the East 470.25 feet of the Southeast Quarter of the Northwest Quarter of Section 17, Township 118 North, Range 22 West, and the South 140.30 feet of the East 470.25 feet of the Northeast Quarter of the Northwest Quarter of Section 17, Township 118 North, Range 22 West, excepting therefrom an easement over the East 33.00 feet thereof for road purposes, Hennepin County, Minnesota. WHEREAS, city staff has prepared a development contract covering the improvements related to said plat. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Plymouth Holly Creek, LLC for a final plat for "Serenity on Plymouth Creek". 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 to allow the properties at 4225 and 4245 Dunkirk Lane to be subdivided into 10 single-family lots, in accordance with the application and plans received by the city on September 3, 2014 and additional information received on September 12, 2014, except as may be amended by this resolution. 2. The development shall comply with all standards specified for the RSF-2 (Residential Single Family -2) zoning district. No variances are granted or implied. Resolution 2014-321 (2014050-F) Page 2 3. Because this site lies within the shoreland management overlay district for Plymouth Creek, and because four of the ten lots within the plat are entirely within the district (Lots 6-9), they are limited to a maximum impervious surface coverage of 25 percent, or as may be amended in the future. The purchase agreements for these lots, as well as any marketing materials for this development, shall clearly state that the maximum impervious surface coverage shall be limited to 25 percent of the lot area. 4. Prior to commencement of grading operations, the applicant shall install and request inspection of tree preservation fencing and silt fencing. 5. Prior to release of the final plat for recording, the applicant shall: a. Execute the development contract and provide the related financial guarantees and fees. b. Pay the required park dedication cash fee in lieu of land dedication, in accordance with the dedication ordinance in effect at the time of filing of the final plat. c. Receive city approval of final construction plans. d. Revise the plans to remove any proposed retaining walls out of the right-of-way and submit executed encroachment agreements for all lots with retaining walls that are located within drainage and utility easements. e. Submit disclosures addressing the following: maintenance for common elements including any developer installed retaining walls, infiltration depression, sidewalks and wetland buffer monuments. Include the prohibition on structures and the clearing of the native vegetation from the wetland buffers. In the absence of a homeowner's association, maintenance of the above mentioned items shall be the responsibility of the individual homeowner's. f. Provide an executed maintenance agreement for the grassy depression. g. Revise the plans to show a drainage and utility easement over the entire grassy depression area. h. Provide temporary easements as necessary on the adjacent property for removal of the existing sewer and water service pipes to the existing home at 4245 Dunkirk Lane. i. Receive approval of the fire flow calculations by the fire inspector. j. Revise the tree preservation plan as follows: i. Show tree preservation fencing around the following trees (currently shown as perimeter fence only): 10-13, 38, 46, 48, 62, 79-80, 82, 86, 103, 107, 109, 113, 129- 130, 181-199, 213-215. ii. Remove the following trees from the exempt category to disturbed: 5 and 7. iii. Include the following trees as disturbed: 60, 61, 78, 180, 221-227. In order for the previously mentioned trees to not be labeled disturbed, the applicant shall submit a revised plan clearly showing the trees are not being affected by grading work. iv. Revise the tree preservation/landscaping plan to include preservation or restitution for the trees indicated as disturbed above (additional 43 inches required). 6. 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 for removal of existing homes. Resolution 2014-321 (2014050-F) Page 3 7. Prior to the issuance of a building permit, the applicant shall: a. Install permanent wetland buffer monument signs pursuant to ordinance requirements for lots abutting wetlands. b. Provide a certified survey indicating a minimum of two front yard trees to be preserved or planted on each lot. c. Include impervious surface calculations at or below 25 percent on the certified survey for lots that are entirely within the shoreland management overlay district for Plymouth Creek. 8. Standard Conditions: a. No building permits shall be issued for construction of a new home on the site until the final plat is filed and recorded with Hennepin County. b. Any signage shall require separate permits and shall comply with the city's sign regulations. c. Adjacent paved streets shall be kept free of mud, sand and silt as a result of construction. d. Compliance with the city's tree preservation regulations. e. Removal of all hazardous trees from the property at the owner's expense. f. Lowest floor elevations shall be a minimum of two feet higher than the 100 -year high water level for adjacent ponds or wetlands and two feet higher than the floodplain elevation. g. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, 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 Plymouth City Council on this 14th day of October, 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 October 14, 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