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HomeMy WebLinkAboutCity Council Resolution 2014-176CITY OF PLYMOUTH RESOLUTION No. 2014-176 A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR U.S. HOME CORPORATION FOR "KIRKWOOD 3RD ADDITION" FOR PROPERTY LOCATED BETWEEN 53RD PLACE AND BLACK OAKS LANE NORTH (2014015) WHEREAS, U.S. Home Corporation, dba Lennar has requested approval of a preliminary plat approval for the one additional lot to be added to the Kirkwood subdivision and a final plat for 25 lots presently legally described as follows: Outlot A, KIRKWOOD 2ND ADDITION, according to the recorded plat thereof Hennepin County, Minnesota, except that part described as beginning at a point in the north line of said Outlot A distant 22.89 feet westerly of the northeast corner thereof, said point also being the southeast corner of Lot 1, Block 1, CREEK RIDGE OF PLYMOUTH, according to the recorded plat thereof, Hennepin County, Minnesota; thence on an assumed bearing of South 89 degrees 55 minutes 29 seconds West, along the north line of said KIRKWOOD 2ND ADDITION, also being the south line of said CREEK RIDGE OF PLYMOUTH, a distance of 120.82 feet to a point 120.28 feet easterly of the southwest corner of Lot 2, said Block 1, CREEK RIDGE OF PLYMOUTH, thence South 36 degrees 40 minutes 07 seconds East a distance of 61.95 feet; thence northeasterly a distance of 24.35 feet along a non- tangential curve concave to the southeast having a radius of 390.54 feet, a central angle of 03 degrees 34 minutes 20 seconds and a chord which bears North 68 degrees 35 minutes 57 seconds East; thence northeasterly a distance of 74.37 feet along a reverse curve having a radius of 150.00 feet and a central angle of 28 degrees 24 minutes 28 seconds to the point of beginning. And, Outlot C, KIRKWOOD 2ND ADDITION, And, That part of Lot 2, Block 1, CREEK RIDGE OF PLYMOUTH, according to the recorded plat thereof, Hennepin County, Minnesota, lying southwesterly of the following described line: Beginning at a point in the south line of said Lot 2 distant 120.28 feet easterly of the southwest corner thereof, thence North 36 degrees 40 minutes 07 seconds West a distance of 29.72 feet; thence North 48 degrees 36 minutes 03 seconds West a distance of 61.04 feet to a point in the westerly line of said Lot 2 distance 85.80 feet northerly of said southwest corner, and said line there terminating. WHEREAS, the Planning Commission has reviewed said preliminary plat request at a duly called public hearing and recommends approval; 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 U.S. Home Corporation, dba Lennar for a preliminary and final plat for "Kirkwood 3rd Addition", 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, Res. 2014-176 File 2014015 Page 2 FURTHER, that the following conditions be met prior to recording of, and related to said plat: 1. A preliminary plat is approved to allow one additional lot added to the Kirkwood subdivision on the property between 53rd Place and Black Oaks Lane, in accordance with the application and plans received by the city on March 7, April 9, and May 8, 2014, except as may be amended by this resolution. 2. A final plat for Kirkwood 3rd Addition is approved in accordance with the plans received by the city on March 7, April 9, and May 8, 2014, except as may be amended by this resolution. 3. Prior to recording the final plat, the applicant shall receive city approval of final construction plans; execute a development contract and submit related financial guarantees and fees. Additionally, the following shall be submitted in conformance with city code, engineering guidelines, zoning ordinance and subdivision regulations: a) Payment of fine for damaging trees 235 and 247. b) Provide an amendment to the Kirkwood (The Reserve at Spring Meadows) HOA documents to include the new lots. c) Execute an encroachment agreement for retaining walls that are constructed within drainage and utility easements on Lots 1 and 2, Block 1. d) Execute a temporary turnaround easement for the affected lots at the end of 52nd Place. e) Submit fire flow calculations flowing the highest elevation hydrant. Flow the hydrant to 20 psi residual pressure and total gallons per minute. f) Revise the grading plan to relocate a buffer monument to the west lot line of Lot 1, Block 3. g) Revise the utility plan to add a hydrant to an approved location on Lot 4 at the intersection of 52nd Place and 53rd Avenue. h) Revise the plat to amend the easements along the south end of Lots 8 and 9, Block 2 to indicate standard six-foot drainage and utility easements. i) Revise the tree preservation plan as follows: i) Remove the following trees from the exempt category: 476, 477, 478 and 484. ii) Include the following trees as disturbed: 236, 237, 247. 465, 475, 477-480, 482, 483- 486, 632,731, 733, 742, 743, and 1169. j) Revise the landscaping plan to include restitution for the trees indicated as disturbed for the new lot (110.5 inches), those listed above and as necessary to accommodate the remainder of the required tree inches originally proposed in Prairie Ponds park. Restitution may also be in the form of cash to the city's tree fund as outlined in Section 500. Any tree restitution in the form of cash shall be paid prior to recording the final plat. 4. 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. 5. Standard Conditions: a. Setbacks for the new lot shall comply with the RSF-3 zoning standards; no variances are approved or implied. Res. 2014-176 File 2014015 Page 3 b. No building permits shall be issued until the final plat, development contract, agreements, and easements are filed and recorded with Hennepin County and proof of recording is submitted to the city. c. Compliance with the city's tree preservation regulations. No trees shall be planted in rights-of-way. d. Signage shall require separate permits and are required to be in conformance with section 21155 of the zoning ordinance. e. Building permits are required for retaining walls higher than 48 inches in height. Additionally, a fence with a minimum height of three feet shall be installed at the top of retaining walls that exceed four feet in height. f. Removal of all hazardous trees from the property at the owner's expense. 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 May 27, 2014. 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 May 27, 2014 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