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HomeMy WebLinkAboutCity Council Resolution 2012-303CITY OF PLYMOUTH RESOLUTION No. 2012-303 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR US HOME CORPORATION DBA LENNAR FOR "KIRKWOOD II" FOR PROPERTY LOCATED SOUTH OF 54TH AVENUE BETWEEN DUNKIRK AND VICKSBURG LANES (2012054) WHEREAS, U.S. Home Corporation dba Lennar has requested approval of a preliminary plat for the roughly 32 -acre parcel presently legally described as follows: PARCEL 1: The West 330 feet of the East 990 feet of the Northeast Quarter of the Northeast Quarter of Section 8, Township 118, Range 22, lying Northwesterly of the Northwesterly right-of-way line of the Soo Line Railroad, also known as the Minneapolis, St. Paul & Sault Ste. Marie Railroad Company. PARCEL 2: That part of the East 660 feet of the North Half of the Northeast Quarter of Section 8, Township 118, Range 22, lying between the Northerly right-of-way line of the Soo Line Railroad (Minneapolis, St. Paul & Sault Ste. Marie Railroad Company) and a line parallel with and 30 feet Northerly of said Northerly Soo Line Railroad right-of-way line. PARCEL 3: That part of the North Half of the Northeast Quarter of Section 8, Township 118, Range 22, lying Northwesterly of the Northwesterly railroad right-of-way line of the Soo Line Railroad also known as the Minneapolis, St. Paul & Sault Ste. Marie Railroad Company, except the East 990 feet of the above described property and except the West 1/2 of the Northwest Quarter of the Northeast Quarter of said Section 8, and except the West 347 feet of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 8. PARCEL 4: That part of the West 347 feet of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 8, Township 118, Range 22, lying Northwesterly of the Northwesterly line of the Soo Line Railroad. PARCEL 5: Outlot C, SPRING MEADOWS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. PARCEL 6: Outlot D, SPRING MEADOWS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. PARCEL 7: Outlot A, KIRKWOOD, according to the unrecorded plat thereof, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. Res. 2012-303 File 2012054 Page 2 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 plat for "Kirkwood II", subject to the following conditions: 1. A preliminary plat is approved to allow the property south of 54"' Avenue between Dunkirk and Vicksburg Lanes to be subdivided into 77 single-family lots, in accordance with the application and plans received by the city on July 20 and 23, August 3 and 10 and September 4, 2012, 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. Prior to issuance of a 2radin2 permit, the applicant shall install and request inspection of silt fencing and tree preservation fencing. 4. Prior to recording the final plat, the applicant shall 1) pay the park dedication cash fee with credit for land to be dedicated for park property, in accordance with the ordinance in effect at the time the final plat is recorded. 5. The Phase I final plat application shall extend Black Oaks Lane to 54"' Avenue to provide a second public street access. 6. Prior to final platting, the applicant shall fiilfill 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. Assessment/right-of-way/easement/agreement/permit requirements: (1) Payment of water and sanitary sewer area charges. (2) 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, the pool, community building and lot, fence along the railroad property, median plantings, mailboxes, monument signs, shared retaining walls, sidewalks, etc. (3) Provide temporary easements for grading purposes to constrict turnarounds at the ends of 52"a Place and 5-1 Avenue. (4) Execute encroachment agreements for retaining walls to be located in drainage and utility easements. (5) Provide the following permits: Minnesota Pollution Control Agency for sanitary sewer extensions; Minnesota Department of Health (for watermain extensions and well abandonment); Elm and Shingle Creek Watershed Organizations; NPDES; and Hennepin County (on-site sewage system abandonment, if any). (6) Remove the fences that cross property lines. Res. 2012-303 File 2012054 Page 3 b. Submit fire flow calculations. c. Amend the plat to 1) consolidate Outlots A, B and D with the adjacent lot and 2) identify adjacent property owners. d. Grading and erosion control plans: (1) Identify the driveway grade for Lot 18. (2) Revise the wetland buffer monuments to be located at property lines and as needed to indicate the contour of the wetland buffer, with a maximum spacing of 200 feet. (3) Identify the maintenance access location to pond A. (4) Relocate driveways on lots 68, 73 and 74 outside of drainage and utility easements. e. Revise the street and utility plan to add and relocate hydrants to approved locations. f. Submit a storm water protection plan and include responsible parties and contact information. g. Landscaping plan: (1) Consider adding (or relocating trees) to the area on the west sides of lots 14, 20 and 21 along the property line with the adjacent property owner. Due to the space constraints, use tree varieties with little spread, such as arborvitae, poplar, etc. (2) Substitute Austrian & Scotch pine instead of the white pine and balsam fir to a) diversify the conifer species and b) replace species which have not proven to thrive in Plymouth's heavy clay, alkaline soils. 7. The fence proposed adjacent to the railroad property shall be the same variety as the fence used in the Timber Creels Crossing development. 8. 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. 9. 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 and a deed submitted for all park property. b. Compliance with the city's tree preservation regulations. c. 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. 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. Approved this day 9th day of October 9, 2012. Res. 2012-303 File 2012054 Page 4 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 October 9, 2012 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