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HomeMy WebLinkAboutCity Council Resolution 2014-252CITY OF PLYMOUTH RESOLUTION No. 2014-252 A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR U.S. HOME CORPORATION DBA LENNAR FOR "COPPER CREEK" FOR PROPERTY LOCATED AT 4640 To 4420 BROCKTON LANE (2013111 F) WHEREAS, U. S. Home Corporation dba Lennar has requested approval of a final plat to allow a subdivision containing 25 single-family lots and one outlot on the roughly 27 -acre site presently legally described as follows: The West 586.84 feet of the Southwest 1/4 of the Southwest 1/4 of Section 7, Township 118 North, Range 22, which lies southerly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 07 minutes 40 seconds East along the west line of said Southwest Quarter of the Southwest Quarter of Section 7 a distance of 23.11 feet to the actual point of beginning of the tract of land to be described; thence South 81 degrees 10 minutes 55 seconds East a distance of 110.00 feet; thence North 66 degrees 35 minutes 15 seconds East a distance of 105.31 feet, thence North 37 degrees 01 minutes 28 seconds East a distance of 95.91 feet; thence North 26 degrees 26 minutes 09 seconds East a distance of 162.96 feet; thence South 77 degrees 08 minutes 57 seconds East a distance of 59.22 feet; thence South 35 degrees 14 minutes 28 seconds East a distance of 115.51 feet; thence South 53 degrees 45 minutes 37 seconds East a distance of 63.64 feet; thence South 63 degrees 41 minutes 53 seconds East a distance of 87.28 feet to east line of said West 586.84 feet of the Southwest Quarter of the Southwest Quarter of Section 7 where said line there terminates. Except the following conveyed to the Town of Plymouth by Warranty Deed dated May 24, 1924 and filed June 2, 1924 as Document No. 1215446: A strip of Land Sixteen (16) feet in width running North and South along the West line of the Southwest Quarter (SWI/4) of the Southwest Quarter (SWI/4) of Section Seven (7), Township One Hundred and Eighteen (118), Range Twenty Two (22). And That part of the Northwest 1/4 of Northwest 1/4 of Section 18, Township 118 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing 711.55 feet west of the Northeast corner of said Northwest 1/4 of Northwest 1/4; thence West 586.84 feet to the Northwest corner of said Section; thence South along the West line of said Section 187.26 feet to a point 1141.74 feet North of the Southwest corner of Northwest 1/4 of Northwest 1/4, 586.84 feet to a point 714.16 feet West of the East line of said Northwest 1/4 of Northwest 1/4; thence North 181.5 feet to beginning Except the following conveyed to the Town of Plymouth by Warranty Deed dated May 24, 1924 and filed June 2, 1924 as Document No. 1215446: A strip of land Sixteen (16) feet wide running along the West line of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 18, Township One Hundred and Eighteen (118), Range Twenty Two (22), Hennepin County, Minnesota. Res. 2014-252 File 2013111 F Page 2 And, The West 586.84 feet of the Southwest 1/4 of the Southwest 1/4 of Section 7, Township 118 North, Range 22, which lies northerly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 07 minutes 40 seconds East along the west line of said Southwest Quarter of the Southwest Quarter of Section 7 a distance of 23.11 feet to the actual point of beginning of the tract of land to be described; thence South 81 degrees 10 minutes 55 seconds East a distance of 110.00 feet; thence North 66 degrees 35 minutes 15 seconds East a distance of 105.31 feet, thence North 37 degrees 01 minutes 28 seconds East a distance of 95.91 feet; thence North 26 degrees 26 minutes 09 seconds East a distance of 162.96 feet; thence South 77 degrees 08 minutes 57 seconds East a distance of 59.22 feet; thence South 35 degrees 14 minutes 28 seconds East a distance of 115.51 feet; thence South 53 degrees 45 minutes 37 seconds East a distance of 63.64 feet; thence South 63 degrees 41 minutes 53 seconds East a distance of 87.28 feet to east line of said West 586.84 feet of the Southwest Quarter of the Southwest Quarter of Section 7 where said line there terminates. Except the following conveyed to the Town of Plymouth by Warranty Deed dated May 24, 1924 and filed June 2, 1924 as Document No. 1215446: A strip of Land Sixteen (16) feet in width running North and South along the West line of the Southwest Quarter (SWI/4) of the Southwest Quarter (SWI/4) of Section Seven (7), Township One Hundred and Eighteen (118), Range Twenty Two (22). 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 final plat for "Copper Creek"; 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 25 lots and one outlot, in accordance with the application and plans received by the city on June 23, 2014, except as may be amended by this resolution. 2. No private driveway access from any lot shall be permitted to Brockton Lane. 3. Park dedication and tree preservation requirements shall apply to Outlot A when development is proposed. Res. 2014-252 File 2013111 F Page 3 4. 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 financial guarantees and 3) remove the house on 4420 Brockton Lane and all accessory buildings and fences. 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 the applicable city code, zoning ordinance, and engineering guidelines: (1) Provide HOA documents for the development that include language addressing the following: 1) prohibition of structures 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. (2) Submit an executed temporary construction easement for impacts to the adjacent property to the south. (3) Submit an executed 10 -foot trail easement adjacent to the Brockton Lane right-of-way. (4) Revise the plans to show the driveways 40 feet from intersections. (5) Add the high water level of all ponds and wetlands and indicate that all homes have a lowest floor elevation a minimum of two feet above the high water level. (6) Revise the buffer monuments to add and relocate to approved locations. (7) Submit an executed easement for any temporary cul-de-sac that may be necessary. (8) Provide interpretive signage for the trail within the wetland buffer. (9) Submit an executed utility access and trail easement for the trail centered within the 20 -foot utility access easement connecting 44th Avenue with the trail proposed along the wetland. (10) Submit revised fire flow calculations. (11) Revise the street names as follows: a. Rename Zircon Court to Alvarado Circle North. b. Rename the east -west portion of Basswood Road to 44th Avenue North. c. Rename the north -south portion of Basswood Road to Alvarado Lane North. 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. Standard Conditions: a. With the exception of a model home, no building permits shall be issued until the final plat, agreements, and easements are filed and recorded with Hennepin County. b. All driveways shall be 40 feet from corners as measured from the intersection of property lines. c. No trees shall be planted in the boulevard. d. Signs shall require a separate permit and comply with section 21155 of the zoning ordinance. e. Retaining walls over four feet require a separate building permit and are required to have a three-foot fence installed on top. f. Compliance with the city's tree preservation regulations. g. Removal of all hazardous trees from the property at the owner's expense. h. 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 Res. 2014-252 File 2013111 F Page 4 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 August 12, 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 August 12, 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