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HomeMy WebLinkAboutCity Council Resolution 2017-106 C ITY OF P LYMOUTH R ESOLUTION N O. 2017-106 R ESOLUTION A PPROVING F INAL P LAT AND D EVELOPMENT C ONTRACT FOR “S UMMERS E DGE S OUTH” FOR P ROPERTY LOCATED AT AND N EAR 4240 B ROCKTON L ANE N ORTH (2017008) WHEREAS, Summergate Development, LLC. has requested approval of a final plat for the roughly 27-acre site presently legally described as follows: Lot 1, Block 1, Busch Properties North The south 287.70 feet of the northwest quarter of the northwest quarter of section 18, 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 CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the request by Summergate Development, LLC. for a final plat for “Summers Edge South”, 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. A final plat is approved to allow the property to be subdivided into 52 lots for single-family homes and one outlot for additional park property, in accordance with the application and plans received by the city on January 20, 2017, except as may be amended by this resolution. 2. No private driveway access from any lot shall be permitted to Brockton Lane. 3. Prior to recording the final plat, the applicant shall: 1) receive City approval of final construction plans; 2) execute a development contract and submit related fees and financial guarantees; and 3) remove the houses and all accessory buildings and fences. 4. Prior to recording the final plat, the applicant shall fulfill 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. Submit HOA documents or covenants that include the following: Res. 2017-106 File 2017008 Page 2 1) Assigning maintenance of common improvements including the wetland buffer, wetland buffer monuments, sidewalks, mailboxes, retaining walls, subdivision signs, etc. 2) Disclosure indicating that the nearby greenhouses are used year-round and the agricultural use may produce noise, odor or lights related to the growing operation and that the heating method requires the grinding of trees into wood chips. 3) Disclosure indicating that the temporary stub streets shall be extended into the adjacent properties when development is approved. b. Submit separate disclosures for the first purchasers indicating that: 1) the greenhouses are used year-round and the agricultural use may produce noise, odor or lights related to the growing operation and that the heating method requires the grinding of trees into wood chips and 2) the temporary stub streets shall be extended into the adjacent properties when development is approved. c. Submit an executed, 10-foot trail easement adjacent to the right-of-way for Brockton Lane. d. Submit an executed, temporary construction easement for the off-site improvements and a permanent drainage and utility easement for the pond. st e. Submit executed temporary turnaround easements for the ends of 41 Avenue and Zircon Lane. f. Submit a draft deed for Lot 7 and the additional land from Lot 2, Block 1 Busch Properties North and all related title work. g. Vacate the standard six-foot easement along the north property line of Lot 1, Block 1 Busch Properties North and any portion of the easement in Lot 9, Block 3 that would be outside the standard drainage and utility easements. h. Submit recorded documentation indicating that the transmission line easement has been vacated for Lots 1 and 2, Block 1 Busch Properties North. i. Submit a lot line adjustment to move the property line between Lot 7, Block 1 and Lot 2, Block 1, Busch Properties North. j. Revise the plans as follows: 1) Revise the plat to indicate: 1) standard drainage and utility easement as six feet adjacent to interior property lines and 10 feet adjacent to public rights-of-way and 2) extend drainage and utility easements over Lots 4-6, Block 2 as shown on the grading plan. 2) Add a pedestrian ramp entrance for Lot 7, Block 1. nd 3) Relocate the sidewalk along 42 Avenue to the south side of the street and do not install sidewalk on the park property. 4) Consider revising the status of trees 425, 426, 146, and 147 from “preserved” to “disturbed” to avoid fines, even if the trees will remain on-site. 5) Revise the grading plan as follows: a) Add a “future” handicapped-accessible trail around the south side of the wetland in Lot 2, Block 1 Busch Properties North (land proposed to be dedicated for park). b) Relocate the private draintile/storm sewer pipe that crosses property proposed to be dedicated for park. c) Add wetland buffer monuments along the edge of the wetland buffers on Lots 4-6, Block 2 and Lots 8 and 9, Block 1 consistent with section 21670.07 of the zoning ordinance. Res. 2017-106 File 2017008 Page 3 d) Add the high water elevation for all ponds and wetlands. e) Revise the lowest floor elevation of all homes abutting ponds and wetland to be a minimum of two feet above the high water elevation. f) Indicate that the trails in and near Lot 7, Block 1 shall be graded (but not paved) for any areas where the developer proposes disturbance. This includes, at a minimum, trails proposed from the street to the creek and near the pond. 6) Revise the landscaping plan as follows: a) Increase the size of all proposed trees to at least the minimum required planting size. b) Indicate the quantity of each tree based on the size. c) Indicate two trees in each front yard. d) Relocate all trees proposed on park property to approved locations. e) Indicate all the required inches on the plan or pay restitution into the city’s tree fund. f) Relocate any trees proposed to be planted within 10 feet of public water, sewer or storm sewer pipes. 5. 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. 6. No building permit shall be issued for Lot 9, Block 3 until any private encroachments into this property are removed. 7. A geotechnical report to address wetland fill shall be provided in conjunction with the building permit submittal for the homes on Lots 1, 2, 8 and 9 of Block 3. The report shall be prepared by a certified engineer licensed by the State of Minnesota. 8. Install park monuments on park property corners and elsewhere as directed for all lots adjacent to Lot 7 and the additional land dedicated as park property. 9. Standard Conditions: a. No building permits shall be issued until the final plat, deeds, easements, agreements, HOA documents, and easements are filed and recorded with Hennepin County and proof of recording is submitted to the city and public infrastructure is provided as specified in the development contract. b. All retaining walls over four feet shall require issuance of a building permit and a three- foot fence installed on top of the wall. c. No fences, walls, or other structures shall be constructed within the trail easement. d. The homes proposed on the lots shall be consistent with the RSF-3 zoning district. No variances are approved or implied. e. Compliance with the city’s tree preservation regulations. f. No trees shall be planted in the public right-of-way. g. Signs shall require a separate permit and comply with section 21155 of the zoning ordinance. Res. 2017-106 File 2017008 Page 4 h. Removal of all hazardous trees from the property at the owner's expense. i. This approval shall expire two years after the date of approval, unless the 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. ADOPTED by the City Council on this 14th day of March, 2017. 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 March 14, 2017 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