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HomeMy WebLinkAboutCity Council Resolution 2013-230CITY OF PLYMOUTH RESOLUTION No. 2013-230 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR K. HOVNANIAN HOMES OF MINNESOTA, LLC FOR "CEDAR HOLLOW" FOR PROPERTY LOCATED SOUTH OF STATE HIGHWAY 55 BETWEEN 46TH AVENUE AND URBANDALE COURT (201 3022) WHEREAS, K. Hovnanian Homes of Minnesota, LLC. has requested approval of a preliminary plat for the roughly 27 -acre parcel presently legally described as follows: That part of the west '/2 of the southeast quarter of the southwest quarter of section 7, township 118 north, range, 22, lying south of the southerly line of State Highway no. 55, Hennepin County, Minnesota. And, the west '/z of the northeast quarter of the northwest quarter of section 18, township 118 north, range 22, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. 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 K. Hovnanian Homes of Minnesota, LLC. for a preliminary plat for "Cedar Hollow", subject to the following conditions: 1. A preliminary plat is approved to allow the property south of State Highway 55 between 46"' Avenue and Urbandale Court to be subdivided into 40 single-family lots and one lot to be dedicated for a neighborhood park, in accordance with the application and plans received by the city on April 11 and 24 and May 13, 2013, except as may be amended by this resolution. 2. Approval of the preliminary plat is contingent upon City Council approval of the rezoning of the site to RSF-3. 3. Setbacks for this development shall comply with the RSF-3 zoning standards; no variances are approved or implied. 4. No driveway access shall be permitted to the frontage road. 5. Prior to recording the final plat, the applicant shall: 1) submit and receive approval of a preliminary plat application for the outlot shown on the preliminary plat; 2) submit a draft deed for the lot to be dedicated for the park; 3) pay sewer and water area assessments; 4) receive City approval of final constriction plans; and 5) execute a development contract and submit related financial guarantees and fees. Res. 2013-230 File 2013022 Page 2 6. Prior to final platting, 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: (1) Revise the plat to include both the preliminary plat for Cedar Hollow and the approved preliminary plat for the development of the outlot within the same final plat request. (2) Revise all the plan sheets consistent with the concept plan and revised preliminary plat submitted July 1, 2013 except that the size of the park property to be dedicated shall be increased northeasterly by 14,861 square feet (shown conceptually in the outlot inset as Lot 1, Block 1). (3) Provide an easement for a trail to be constricted on this property to allow a connection from Schmidts Gardens subdivision to the proposed park. (4) Provide HOA documents for the development that include language addressing the following: 1) prohibition of strictures and clearing vegetation in wetland buffers and 2) maintenance for common elements including buffer monuments, median plantings, mailboxes, monument signs, shared retaining walls, sidewalks, etc. (5) Submit fire flow calculations with each phase of the development and provide the total square footage of the largest proposed stricture. (6) Execute an encroachment agreement for retaining walls in drainage and utility easements. (7) Indicate a 12 -inch watermain that extends from the watermain in the frontage road to the south plat boundary. (8) Revise the grading plan to indicate a wetland buffer and buffer monuments for the wetland in the southwest corner of the property. (9) Add a wetland buffer monument in Lot 25, Block 1 where the buffer turns and along the north property line of Lot 28, Block 1. (10) Revise the garage location on the following lots to meet the required setbacks from intersections: Lot 4, Block 1 and Lot 7, Block 2. (11) Identify the trees on adjacent properties in the Schmidts Gardens subdivision where permission is granted that are within 15 feet of grading activity. 7. 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. 8. Standard Conditions: a. With the exception of a model home, no building permits shall be issued until the final plat, deed for park property, agreements, and easements are filed and recorded with Hennepin County. b. Compliance with the city's tree preservation regulations. c. Removal of all hazardous trees from the property at the owner's expense. d. This approval shall expire one year after the date of approval, unless the applicant has applied for final plat approval, or unless the applicant, with the consent of the property Res. 2013-230 File 2013022 Page 3 owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 510 of city code. ADOPTED by the City Council on July 9, 2013. 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 July 9, 2013 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