HomeMy WebLinkAboutCity Council Resolution 2012-300CITY OF PLYMOUTH
RESOLUTION No. 2012-300
A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR US HOME
CORPORATION DBA LENNAR FOR "KIRKWOOD" FOR PROPERTY LOCATED AT 5205,
5250, 5330 AND 5350 DUNKIRK LANE (2012041 F)
WHEREAS, US Home Corporation dba Lennar has requested approval of a final plat for 46
new single-family lots, one HOA amenity lot, the park property, and one outlot on the roughly
25 -acre parcel presently legally described as follows:
PARCEL I : The North 1/4 of the West 1/2 of the Northwest Quarter of the Northeast
Quarter of Section 8, Township 118, Range 22.
PARCEL 2: The South '/z of the Northwest Quarter of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
PARCEL 3: The North '/z of the Southwest Quarter of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
PARCEL 4: The South '/z of the Southwest Quarter of the Northwest Quarter of the
Northeast Quarter of Section 8, Township 118, Range 22, Hennepin County, Minnesota.
PARCEL 5: The South '/z of the Southeast Quarter of the Northeast Quarter of the
Northwest Quarter of Section 8, Township 118, Range 22, 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 US Home Corporation dba Lennar for a final plat for "Kirkwood", 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
FUTHER, that the following conditions be met prior to recording of, and related to said plat:
1. The final plat for 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
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and plans received by the city on August 23 and 30, 2012, except as may be amended by this
resolution.
2. Approval of the final plat is contingent on the approval of a wetland mitigation/replacement
plan.
3. Prior to issuance of a 2radin2 permit, the applicant shall install and request inspection of silt
fencing and tree preservation fencing.
4. Prior to recording the final plat, the applicant shall remove the existing homes, garages and
all other strictures from the properties addressed 5250, 5330 and 5350 Dunkirk Lane.
5. Prior to recording the final plat, the applicant shall fiilfill 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 park dedication and 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
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 and a temporary cul-de-sac on 52"a
Avenue.
(5) Execute encroachment agreements for retaining walls to be located in drainage and
utility easements on Lots 3 and 4, Block 6.
(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 (for building removal).
b. Grading and erosion control plans:
(1) Indicate the temporary emergency access in Timber Creek Crossing will be removed
and the affected area returned to yard and sodded.
(2) 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."
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(3) Revise the lowest floor openings to be two feet above the high water level of
adjacent pond and wetlands and 18 inches above the emergency overflow elevations
on the following lots:
a. Lots 2 and 3, Block 6.
b. Lots 2 and 3, Block 5.
c. All lots around pond C and wetland 4.
d. Lots 1-3, Block 1 and Lot 4, Block 3.
(4) Indicate the emergency overflow elevation for pond C.
(5) Add a note to remove the gravel road for existing Dunkirk Lane south of the new
alignment.
(6) Show granite rip/rap check dams along the existing gullies within Block 6 to stabilize
current erosion occurring at various locations.
c. Street and utility plan:
(1) Remove the pedestrian ramp at the intersection of 51" Place North and Dunkirk
Lane and indicate two pedestrian ramps (one on each side of the street) at the
intersection of 51" Avenue North and Dunkirk Place.
(2) Include Dunkirk Place on the plan.
(3) Relocate any existing utilities in the existing Dunkirk Lane corridor south of the
realignment.
(4) Relocate the hydrant on Comstock Lane between lots 5 and 6 to a new location 90
feet south or on the southeast corner of the intersection of Comstock Lane and 5-1
Place.
(5) Indicate how school buses and other large vehicles would turn around until Dunkirk
Lane is completed.
(6) Show street names and stop sign locations.
(7) Revise the plans to indicate that the minimum street grades shall be .75 percent.
d. 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 instead. The city will determine appropriate locations
for trees through the master planning process.
e. 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
disturbed areas and homes. Disturbance of trees indicated as preserved would result in
fines.
f. Provide a storm water protection plan including the responsible parties and contact
information.
6. Prior to fiill reduction of financial guarantees, 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.
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7. 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.
8. 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.
9. 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.
10. Prior to the issuance of any building permits for homes on Block 6, the applicant shall
remove the existing home, garage and all other strictures from the property at 5205 Dunkirk
Lane.
11. Prior to the issuance of a building permit for Lot 1, Block 6, 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.
12. 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.
13. 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 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 9"' day of October, 2012.
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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 9, 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