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HomeMy WebLinkAboutCity Council Resolution 2002-287CITY OF PLYMOUTH RESOLUTION 2002-287 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR NEDEGAARD CONSTUCTION FOR PROPERTY LOCATED EAST OF POMERLEAU LAKE, ON PROPERTY CURRENTLY ADDRESSED AS 5684-5450 JUNEAU LANE NORTH. (2001026) WHEREAS, Nedegaard Constriction has requested approval of a final plat and development contract for property legally described as follows; PART OF PARCEL D That part of the east 150.00 feet of the north 880.36 feet of that part of Government Lot 1, Section 4, Township 118, Range 22, lying south of the north 600.00 feet of said Government Lot I which lies southerly of the following described line: Commencing at the southeast corner of the above described land; thence North, assumed bearing along the east line of the said above described land 370.23 feet to the point of beginning of the line to be described; thence on a bearing of West 102.07 feet; thence south 83 degrees 02 minutes 59 seconds West, 48.28 feet to the west line of the said above described land. PARCEL E That part of Government Lot 1, Section 4, Township 118, Range 22, described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North, along the east line of said Government Lot 1, a distance of 1180.02 feet to the intersection with a line 880.36 feet south of and parallel with the south line of the north 600.00 feet of said Government Lot 1; thence North 89 degrees 40 minutes 59 seconds West, along a line parallel with the south line of the north 600.00 feet of said Government Lot 1, a distance of 150.00 feet, to the intersection with a line 150.00 feet west of and parallel with the east line of said Resolution 2002-287 File No. 2001026F Page 2 Government Lot 1; thence North and parallel with the east line of said Government Lot 1, a distance of 113.15 feet; thence on a bearing of West 435.00 feet to the point of beginning; thence on a bearing East 435.00 feet; thence on a bearing of North along a line parallel with the east line of said Government Lot 1, a distance of 450.00 feet; thence South 73 degrees 30 minutes West, 310.00 feet; thence South 55 degrees 30 minutes West 595.00 feet, more or less, to the shoreline of Pomerleau Lake; thence southeasterly along said shoreline to the intersection with a line bearing South 78 degrees 30 minutes West from the point of beginning; thence North 78 degrees 30 minutes East to the point of beginning. PARCEL F That part of Government Lot 1, Section 4, Township 118, Range 22, described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North along the east line of said Government Lot 1, a distance of 994.00 feet to the point of beginning; thence continue on a bearing of North 186.02 feet to the intersection with a line 880.36 feet south of and parallel with the south line of the north 600.00 feet of said Government Lot 1; thence North 89 degrees 40 minutes 59 seconds West, along a line parallel with the south line of the north 600.00 feet of said Government Lot 1, a distance of 150.00 feet to the intersection with a line 150.00 feet west of and parallel with the east line of said Government Lot 1; thence north and parallel with the east line of said Government Lot 1 a distance of 113.15 feet; thence on a bearing of West 435.00 feet; thence South 78 degrees 30 minutes West, 309 feet, more or less to the shoreline of Pomerleau Lake; thence southeasterly along said shoreline to the intersection with a line bearing West from the point of beginning; thence on a bearing of East to the point of beginning. PARCEL G That part of Government Lot 1, Section 4, Township 118, Range 22 described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North along the east line of said Government Lot 1, a distance of 682.00 feet to the point of beginning; thence continue on a bearing of North, 312.00 feet; thence on a bearing of West 809.00 feet, more or less to the shoreline of Pomerleau Lake; thence southeasterly along said shoreline to an intersection with a line bearing West from the point of beginning; thence East to the point of beginning. PARCEL H That part of Government Lot 1, Section 4, Township 118, Range 22 described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North along the east line of said Government Lot 1, a distance of 3 12. 00 feet to the point of Resolution 2002-287 File No. 2001026F Page 3 beginning; thence continue on a bearing of North 370.00 feet; thence on a bearing West 622 feet, more or less to the shoreline of Pomerleau Lake; thence southerly along said shoreline to a intersection with a line bearing West from the point of beginning; thence East to the point of beginning. PARCEL J That part of Government Lot 1, Section 4, Township 118, Range 22 described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North along the east line of said Government Lot 1, a distance of 312.00 feet; thence on a bearing of West 588 feet, more or less to the shoreline of Pomerleau Lake; thence southwesterly along said shoreline to the south line of said Government Lot 1; thence easterly along said southerly line to the point of beginning. WHEREAS, the City staff has prepared a development contract covering the improvements related to said plat. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Nedegaard Contraction for a final plat for Glacier Vista; and FURTHER, that the development contract for said plat be approved, and that 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: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Nedegaard Constriction for a final plat, subject to the following conditions: 1. A final plat is approved for the creation of 47 lots and 4 outlots, according to the plans and application received by the City on April 18, 2002 along with revisions received on May 30, 2002 and June 7, 2002, except as amended by this resolution. 2. Prior to filing the final plat with Hennepin County, a deed for Outlot A shall be given to the City. 3. The final plat shall be revised to show the right of way for Cheshire Lane to be 50 feet wide west of the centerline and '15 feet wide east of the centerline. 4. Prior to filing the final plat with Hennepin County, the applicant shall pay park dedication. The fees shall be a combination of land dedication and cash fees -in -lieu of dedication in Resolution 2002-287 File No. 2001026F Page 4 accordance with the dedication policy in effect at the time of filing the Final Plat with Hennepin County. 5. Prior to recording the final plat, the applicant shall provide the City with copies of the homeowner's association (HOA) documents, covenants, and restrictions. These documents shall be recorded with the final plat and proof of recording submitted to the City prior to the issuance of building permits. 6. The HOA shall be responsible for maintenance of sidewalks, subdivision signs, median and boulevard plantings, association outlots and stormwater treatment ponds proposed for this development. The HOA documents shall include language to address maintenance of all common elements including sidewalks, retaining walls, median and boulevard plantings, subdivision signs, stormwater treatment ponds and association outlots. 7. The Homeowner Association documents shall include ownership and maintenance of Lot 21, Block 2 and Lot 13, Block 3. 8. The Developer will provide copies of the current overall PUD Plan and its current conditions as an addendum to their purchase agreement. 9. Subsequent phases shall be subject to ordinance provisions for plan and plat applications for the review and approval. 10. Private driveway access shall be limited to internal public roads and restricted from Cheshire Lane. 11. Prior to release of the final plat, the applicant shall pay fair market value for the Three Rivers Park District land used for their development, including the alignment of Cheshire Lane up to the northern plat boundary. This amount is determined to be $173,000 based on 1.73 acres valued at $100,000 an acre. 12. The watermain on the south Fernbrook Lane cul-de-sac must be connected to the watermain on the adjacent site (Outlot A — The Reserve) when this site is developed. 13. Prior to recording the final plat, the applicant must submit the required utility and drainage easements as approved by the City Engineer. 14. Prior to recording the final plat, the applicant shall submit a 10 -foot trail easement along the west side of Cheshire Lane. 15. Prior to the issuance of building permits, the required Financial Guarantee and Site Performance for completion of site improvements within twelve months of the date of the resolution shall be submitted. Resolution 2002-287 File No. 2001026F Page 5 16. Prior to issuance of a Certificate of Occupancy for any units, Cheshire Lane and the watermain shall be extended to the northern boundary of "The Reserve" property. 17. Prior to issuance of building permits for Block 4, Lots 1-3 and Block 3, Lots 14-16, 54t1i Street shall be extended to the plat boundaries. 18. No building permits shall be issued until the Final Plat has been filed and recorded at Hennepin County. 19. Minimum building setbacks shall be specified by the RSF-2 zoning district and as specified in the PUD Final Plan. 20. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with Section 21670.07 of the Zoning Ordinance. 21. No constriction access to the site is permitted from Juneau Lane East. 22. The extension of Cheshire Lane shall not be constricted on the Begin Oaks Golf Course property except in the easements granted for that purpose. 23. Prior to approval of a PUD final plan, the applicant shall submit a street lighting plan. The fixtures/poles shall be consistent with those approved in "The Reserve." 24. No building permits shall be issued until the PUD final plan is approved by City staff. 25. No townhome unit shall exceed 3,300 square feet of impervious surface coverage area including the stricture and screened or covered porches, but not including decks. 26. Disclosure documents shall be provided with the marketing materials and the purchase agreements informing the fiiture residents of the maximum impervious surface coverage of 25 percent for single family lots and 3,300 square feet for the townhome units. The 3,300 square foot maximum for the townhome units shall include the unit, garage and screened porches, but not uncovered, wooden decks. 27. Notice of the fiiture trail along Lake Pomerleau shall be included in the development/sales documents so that potential buyers will be aware of the trail plans for this location. 28. All signs shall be in conformance with Section 21155 of the Zoning Ordinance. 29. Parking shall be permitted on all public streets, including Glacier Lane, 54'11 Avenue, Glacier Path, Glacier Court and 56'11 Avenue, in compliance with City policy. 30. Street names shall comply with the City Street Naming System. 31. The Developer shall comply with the City's Tree Preservation Ordinance. Resolution 2002-287 File No. 2001026F Page 6 32. Standard Conditions: a. Compliance with the City Engineer's Memorandum. b. Removal of all hazardous trees from the property at the owner's expense. c. No building permits shall be issued until a contract has been awarded for constriction of municipal sewer and water, and the MPCA permit is issued. d. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new strictures on sites adjacent to, or containing any open storm water drainage facility. e. Compliance with the Ordinance regarding the number and location of fire hydrants, fire lanes, and fire lane signs. f. Submittal and approval of fire flow data prior to filing the final plat. g. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. h. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Adopted by the City Council on June 25, 2002. 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 June 25, 2002 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