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HomeMy WebLinkAboutCity Council Resolution 2013-232CITY OF PLYMOUTH RESOLUTION No. 2013-232 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR "CEDAR HOLLOW WEST" FOR PROPERTY LOCATED AT 4340 BROCKTON LANE (201 3029) WHEREAS, K. Hovnanian Homes of Minnesota, Inc. has requested approval of a preliminary plat for the 16.6 acres presently legally described as follows: Parcel A: The north 286.18 feet of the south 573.88 feet of the northwest quarter of the of the northwest quarter of section 18, township 118, range 22, Hennepin County, Minnesota; EXCEPT that portion conveyed to the Town of Plvmouth by Warranty Deed, dated Mav_ 24, 1924, filed June 2, 1924, in boon. 1007 of Deeds, page 529, as Document No. 1215446. Parcel B: The west 168 feet of the north 80 feet of the south 653.88 feet of the northwest quarter of the northwest quarter of section 18, township 118, range 22, Hennepin County, Minnesota, EXCEPT that portion conveyed to the Town of Plvmouth by Warranty Deed, dated Mav_ 24, 1924, filed June 2, 1924, in Book 1007 of Deeds, page 529, as Document No. 1215446. Parcel C: The north 204.67 feet of the south 858.55 feet of the northwest quarter of the northwest quarter, and that part of the north 80 feet of the south 653.88 feet of the northwest quarter of the northwest quarter lying east of the west 168 feet thereof, all being in the northwest quarter of the northwest quarter of section 18, township 118, range 22, Hennepin County , Minnesota, EXCEPT that portion conveyed to the Town of Ply_ mouth by dated May 24, 1924, filed June 2, 1924, in Book 1007 of Deeds, page 529, as Document No. 1215446. 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, Inc. for a preliminary plat for "Cedar Hollow West", subject to the following conditions: 1. A preliminary plat is approved to allow the property at 4340 Brockton Lane to be subdivided into 33 single-family lots, in accordance with the application and plans received by the city on April 22 and May 28, 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 and a wetland replacement plan. Prior to issuance of a 2radin2 permit, the applicant shall: 1) have access to sewer and water mains (either by direct physical access or easement); 2) install and request inspection of silt fencing and tree preservation fencing; and 3) fiilfill conditions 5c and d (below). 4. Prior to recording the final plat, the applicant shall: 1) remove the home and all accessory buildings; 2) pay the applicable fees for tree restitution and park dedication (with credit for Res. 2013-232 File 2013029 Page 2 land to be dedicated, in accordance with the ordinance in effect at the time the final plat is recorded); 3) receive city approval of final constriction plans; and 4) execute a development contract and submit related financial guarantees. 5. 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: a. 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. b. Submit fire flow calculations with each phase of the development and provide the total square footage of the largest proposed stricture. c. Revise the tree inventory to indicate which trees are exempt for trails, sidewalks and ponds. d. Where permission is granted, include all trees on adjacent properties within 15 feet of development activity. e. Add/relocate wetland buffer monuments to approved locations. f. Provide interpretive signage to be installed along the trail in the wetland buffer. g. Provide an easement for the trail behind Lots 1-5, Block 3. h. Submit a final planting plan indicating tree restitution as follows: 1) show the required tree inches planted on the site; 2) indicate restitution in the form of cash to the city's tree fiind; or 3) provide a combination of the two. If paid in the form of cash, the restitution would be collected with the other fees required by the development contract. 6. 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. 7. The trail between Lots 10 and 11, Block 3 shall be constricted with the adjacent street. 8. Standard Conditions: a. With the exception of a model home, no building permits shall be issued until the final plat, HOA documents, agreements, and easements are filed and recorded with Hennepin County. b. No variances are granted or implied. c. Compliance with the city's tree preservation regulations. d. Removal of all hazardous trees from the property at the owner's expense. e. 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 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. Res. 2013-232 File 2013029 Page 3 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