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HomeMy WebLinkAboutCity Council Resolution 2016-249 C ITY OF P LYMOUTH R ESOLUTION N O. 2016-249 R ESOLUTION A PPROVING F INAL P LAT AND D EVELOPMENT C ONTRACT FOR “E LM C REEK ME ADOWS” FOR PROPERTY LOCATED AT 16910, 17010, AND 17210 C OUNTY R OAD 47 (2016014-F) WHEREAS, The Jarvis Company has requested approval of a final plat for “Elm Creek Meadows” consisting of 59 townhome lots on the roughly 28-acre site located at 16910, 17010, and 17210 County Road 47; and WHEREAS, the property is presently legally described as follows: Lot 11, Block 2, THE PINES AT ELM CREEK 2ND ADDITION, according to the plat thereof, Hennepin County, Minnesota. AND That part of the North Half of the Northwest Quarter of Section 5, Township 118 North, Range 22 West of the 5th Principal Meridian, described as follows: Beginning at a point on the South line of said North Half of the Northwest Quarter a distance of 1,333 feet east of the Southwest corner of said North Half of the Northwest Quarter; thence North, parallel with the West line of said Section 5, a distance of 704 feet; thence West, parallel with said South line, a distance of 301.5 feet; thence Northeasterly to a point on the North line of said Section 5 a distance of 1,299 feet East of the Northwest corner of said Section 5; thence East, along said North line, a distance of 634 feet; thence South, parallel with said West line, to said South line; thence West, along said South line, a distance of 600 feet to said point of beginning, lying West of the East 300 feet thereof, EXCEPT the South 33 feet thereof, Hennepin County, Minnesota. AND The East 300 feet of that part of the North Half of the Northwest Quarter of Section 5, Township 118 North, Range 22 West of the 5th Principal Meridian, described as follows: Beginning at a point on the South line of said North Half of the Northwest Quarter a distance of 1,333 feet east of the Southwest corner of said North Half of the Northwest Quarter; thence North, parallel with the West line of said Section 5, a distance of 704 feet; thence West, parallel with said South line, a distance of 301.5 feet; thence Northeasterly to a point on the North line of said Section 5 a distance of 1,299 feet East of the Northwest corner of said Section 5; thence East, along said North line, a distance of 634 feet; thence South, parallel with said West line, to said South line; thence West, along said South line, a distance of 600 feet to said point of beginning; EXCEPT the South 33 feet thereof, Hennepin County, Minnesota. Resolution 2016-249 File 2016014-F Page 2 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 The Jarvis Company for a final plat for Elm Creek Meadows; 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 Elm Creek Meadows is approved in accordance with the plans received by the City on June 23, 2016, except as may be amended by this resolution. 2. Prior to commencement of site development including grading operations, the developer shall: a) Install and request inspection of tree protection fencing and silt/erosion control fencing. b) Obtain the necessary Hennepin County permits for work within the County Road 47 right-of- way. c) Obtain the required NPDES (National Pollutant Discharge Elimination System) permit. 3. Prior to recording the final plat, the Developer shall: a. Receive City approval of final construction plans. b. Execute the development contract and provide the related financial guarantees and fees. c. Pay the required park dedication fee. d. Convey Lot 42, Block 2 (park land) to the city by warranty deed, free and clear of any and all encumbrances. e. Obtain watershed approval. f. Provide an encroachment agreement where developer-installed retaining walls would lie within drainage and utility easements. g. Provide a 10-foot wide trail easement along the south boundary of the plat abutting County Road 47. h. Revise the plans to construct the street and sanitary sewer/water utilities to within ten feet of the east plat boundary for the street right-of-way area located directly south of the park. i. Furnish the City with an appropriately executed street easement, in recordable form, for the required temporary turnaround. j. Remove existing structures from the site. Demolition permits are required for removal of existing structures that contain over 120 square feet. 4. Prior to issuance of building permits for lots abutting wetlands, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. Resolution 2016-249 File 2016014-F Page 3 5. The homeowner’s association documents shall address: a) responsibilities for maintenance, repair, and replacement of developer-installed retaining walls, wetlands, wetland buffers, buffer monuments, signage, sidewalks, and any other similar or common features, b) prohibition of structures and the clearing of native vegetation within wetland buffers, c) individual unit driveways extending onto neighboring unit lots, and d) maintenance of and access to private utilities (e.g., sewer and water services) that cross individual property lines onto association property. 6. The developer and builder shall notify potential buyers about the planned future roadway extensions. 7. The developer shall post a sign near the terminus of the stub streets to notify passersby that the street will be extended in the future. 8. The required safety fence to be installed at the top of retaining walls shall be a minimum of four feet in height, instead of three feet high. 9. 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, unless an acceptable alternative access route is proposed by the developer approved by city staff. b. Except for the previously-approved variance allowing a front yard setback of 20 feet for units with a side-loaded garage, no other variances are granted or implied and development standards and setbacks for this plat shall comply with the RMF-2 zoning standards. 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. Compliance with the city’s tree preservation, reforestation, and landscaping regulations. f. Removal of all hazardous trees from the property at the owner's expense. g. No trees shall be planted in the boulevard. h. 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. i. Relocate hydrants to approved locations. j. The water main system shall be an approved looped system. k. Submit the total square footage of the largest structure (including all floor levels and attached garage) with the final plat submission. l. Fire lane signs are required in the temporary cul-de-sac turnaround, in locations as approved by the Fire Inspector. m. 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 9th day of August, 2016. Resolution 2016-249 File 2016014-F Page 4 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 August 9, 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