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HomeMy WebLinkAboutCity Council Resolution 2016-204 C ITY OF P LYMOUTH R ESOLUTION N O. 2016-204 R ESOLUTION A PPROVING F INAL P LAT AND D EVELOPMENT C ONTRACT FOR “D UNKIRK G ATEWAY” FOR PROPERTY LOCATED IN THE S OUTHWEST Q UADRANT OF C OUNTY R OAD 47 AND D UNKIRK L ANE (2015114-F) WHEREAS, Estate Development Corporation has requested approval of a final plat for 30 single- family lots on a roughly 15-acre site located at 5915 Dunkirk Lane, and 16815, 16845, and 16935 County Road 47; and WHEREAS, the property is presently legally described as follows: That part of the South Half of the Northwest Quarter of Section 5, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at a point on the North line of said South Half of the Northwest Quarter a distance of 283 feet West of the Northeast corner of said South Half of the Northwest Quarter; thence West along said North line a distance of 250 feet; thence deflect 89 degrees 03 minutes left a distance of 577.60 feet; thence deflect 90 degrees 45 minutes left a distance of 250 feet; thence deflect 89 degrees 15 minutes a distance of 578.47 feet to the point of beginning. AND That part of the South Half of the Northwest Quarter of Section 5, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at a point on the North line of said South Half of the Northwest Quarter a distance of 783 feet West of the Northeast corner of said South Half of the Northwest Quarter; thence West along said North line a distance of 280 feet; thence deflect 89 degrees 03 minutes left, a distance of 825.75 feet; thence deflect 90 degrees 45 minutes left, a distance of 280 feet; thence deflect 89 degrees 15 minutes left, a distance of 826.72 feet to the point of beginning, according to the United States Government survey thereof. AND Beginning at a point on the north line of the South Half of the Northwest Quarter of Section 5, Township 118, Range 22, Hennepin County, Minnesota, a distance of 533 feet westerly of the northeast corner of said South Half of the Northwest Quarter; thence westerly, along said north line, a distance of 250 feet; thence southerly, parallel with the east line of said South Half of Northwest Quarter, to a point 750 feet northerly of the south line of said South Half of the Northwest Quarter, said 750 feet measured at right angles with said south line; thence easterly parallel with said south line, a distance of 250 feet; thence northerly, parallel with said east line to said point of beginning. Resolution 2016-204 File 2015114-F Page 2 AND That part of the South Half of the Northwest Quarter of Section 5, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said South Half of the Northwest Quarter; thence South along the East line of said South Half of the Northwest Quarter a distance of 579.34 feet; thence deflect 89 degrees 15 minutes right a distance of 283 feet; thence deflect 90 degrees 45 minutes right a distance of 578.47 feet to the North line of said South Half of the Northwest Quarter; thence East along said North line a distance of 283 feet to the point of beginning. WHEREAS, 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 Estate Development Corporation for a final plat for Dunkirk Gateway; 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 Dunkirk Gateway is approved in accordance with the final plat drawing received by the city on April 11, 2016 and revised plans received by the city on May 5, 2016, 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/erosion control fencing. 3. Prior to recording the final plat, the developer shall: a) Execute the development contract and provide the related financial guarantees and fees. b) Receive city approval of final construction plans. c) Pay the required park dedication fee. d) Pay the required tree restitution fee. e) Remove the existing structures from 16815, 16845, and 16935 County Road 47. Demolition permits are required for removal of those existing structures. f) Provide a separate ten-foot wide trail easement along the north side of those properties that abut County Road 47. g) Provide an encroachment agreement for retaining walls that would lie within a drainage and utility easement. h) Provide a street easement for the temporary turn-around required at the south end of Fountain Lane. Resolution 2016-204 File 2015114-F Page 3 4. Prior to issuance of building permits for lots abutting wetlands, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. 5. The developer shall notify potential buyers about the future southerly roadway extension of Fountain Lane North. 6. The developer shall provide a temporary cul-de-sac turn-around at the south terminus of Fountain Lane North. 7. The developer shall post a sign near the south terminus of Fountain Lane North to notify passersby that the street will be extended in the future. 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 subdivision signage, and b) prohibition of structures and clearing of native vegetation within wetland buffers. 9. Vehicular driveway access is denied from Garland Lane to the west side of Lots 22, 23, and 24, Block 1, making the yard areas between the rear of the homes on those lots and Garland Lane an “equivalent” yard. 10. The tree inventory plan has already taken into account the future removal of trees on Lot 1 of Block 2 (Lots 1 and 2 of Block 2 as shown on the approved preliminary plat) when that area is developed/final platted as a second phase of this subdivision in the future, provided replacement trees (per the landscape and tree replacement plan) are planted on those lots upon construction of new homes. 11. Secondary access for the development is hereby waived. Note that secondary access (via future southerly extension of Fountain Lane North) would be provided if and when property to the south is subdivided in the future. 12. The required safety fence to be installed at the top of the roughly 650-foot long retaining wall in the west portion of the site shall be a minimum of four feet in height, instead of three feet high. 13. Standard Conditions: a. No building permits, including those for a model home, shall be issued until the final plat is recorded with Hennepin County and streets and utilities are installed. b. Development standards and setbacks for this plat shall comply with the RSF-3 zoning standards. No variances are granted or implied. c. If the required sidewalks are not installed when the streets are installed, no building permits shall be issued for lots abutting the future sidewalk unless a separate sidewalk agreement is provided for each affected lot. d. Any signage shall require separate permits and shall comply with the city’s sign regulations. Resolution 2016-204 File 2015114-F Page 4 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, reforestation, and restitution 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. APPROVED by the City Council on this 14th day of June, 2016. 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 14, 2016, 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