HomeMy WebLinkAboutCity Council Resolution 2013-297CITY OF PLYMOUTH
RESOLUTION No. 2013-297
A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR K.
HOVNANIAN HOMES OF MINNESOTA, LLC. FOR "CEDAR HOLLOW" FOR PROPERTY
LOCATED SOUTH OF HIGHWAY 55 BETWEEN 46TH AVE AND URBANDALE COURT
(2013069)
WHEREAS, K. Hovnanian Homes of Minnesota, LLC. has requested approval of a final
plat for 43 new single-family lots on the roughly 27 -acre parcel presently legally described as
follows:
That part of the Nest one half 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.
The Nest one half of the northeast quarter of the northwest quarter of section 18, township, 118 north,
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 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 final plat for "Cedar
Hollow"; 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
FUTHER, that the following conditions be met prior to recording of, and related to said
plat:
1. The final plat for Cedar Hollow is approved in accordance with the plans received by the city
on August 2, 2013, August 20 and 23, 2013, except as may be amended by this resolution.
2. No private driveway access from any lot shall be permitted to Hamel Road.
3. Development standards shall be as required by the RSF-3 zoning district. No variances are
approved or implied.
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4. Prior to recording the final plat, the applicant shall: 1) submit draft deeds for the park
property and the trail outlot; 2) receive City approval of final constriction plans and 3)
execute a development contract and submit related financial guarantees and fees.
5. 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 applicable city
code or zoning ordinance requirements:
a. Provide revised HOA documents that 1) update the legal descriptions in Section 3.3 and
Exhibit A; 2) remove references to the "park access lane" in Section 3.3; 3) remove Lot
16, Block 3 from Exhibit A; and 4) include disclosure language that Walnut Grove Lane
will be extended to the south in the fiiture and that a trail will be constricted in the trail
outlot.
b. Provide a copy of a disclosure to homebuyers that Walnut Grove Lane would be extended
to the south in the fiiture and a trail extending east from Walnut Grove Lane will be
constricted in the outlot.
c. Execute an encroachment agreement for retaining walls that are constricted within
drainage and utility easements on Lots 7 and 8, Block 2.
d. Submit an easement for all lots affected by the temporary turnaround.
e. Add a hydrant in an approved location on Walnut Grove Lane south of 43 a Avenue or
relocate the hydrant shown near the terminus to an approved location.
f. Revise the plans to indicate a conforming driveway setback for Lot 4, Block 1 and Lot 7,
Block 2.
g. Revise the plans consistent with the plat to relocate the trail outlot to the north side of the
creek and indicate boundary markers at all four corners. The trail shall be graded for the
trail constriction, but not paved at this time.
h. Revise the plans to indicate a 10 -foot trail across the park property adjacent to Walnut
Grove Lane and a five-foot sidewalk adjacent to Lot 15, Block 3.
i. Revise the plans to indicate a wetland buffer and buffer monuments in the park property.
j. Revise the tree inventory to modify the calculations to remove the trees on adjacent
properties from the calculations (continue to show them on the graphics).
k. Add a park boundary marker in the southeast corner of the park property at the right-of-
way.
1. Relocate the barrier in Walnut Grove Lane south of the temporary turn -around and north
of the creek.
6. Prior to the issuance of a building permit, the applicant shall submit a survey indicating:
a. A minimum of two 2.5 -inch, front yard trees, and
b. Silt fence and tree preservation fencing installed consistent with city code.
7. Standard Conditions:
a. Except for a model home, no building permits shall be issued until the deeds for the park
properties, final plat, encroachment agreement, HOA documents, and easements are filed
and recorded with Hennepin County and proof of recording is submitted to the city.
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b. Compliance with the city's tree preservation regulations.
c. Tree preservation and silt fencing shall be maintained throughout constriction.
d. No trees shall be planted in the boulevard.
e. Removal of all hazardous trees from the property at the owner's expense.
f. Any signage shall require separate permits and shall comply with the city's signage
regulations.
g. 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.
ADOPTED by the City Council on September 10, 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 September 10, 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