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HomeMy WebLinkAboutResolution 2004-59a -ApprovingPreliminary Plat for Charles Cudd LLC for "Summerhill" Property Locaed at the SW Corner of Mohawk Drive and Horseshoe Trail City of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2004-59a MOTION BY: LYMANGOOD SECONDED BY: BUCHER APPROVING PRELIMINARY PLAT FOR CHARLES CUDD LLC FOR "SUMMERHILL" ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MOHAWK DRIVE AND HORSESHOE TRAIL WHEREAS, Charles Cudd LLC has requested approval of a preliminary plat to allow the creation of 15 lots on the 58.49-acre property legally described as follows: That part of the east half of the southwest quarter of Section 34, Township 119, Range 23, lying southerly of the north 40.00 feet thereof, northerly of the south 655.00 feet thereof and westerly of the following described line: Commencing at a point in the north line of said east half of the southwest quarter distant 50.77 feet west from the northeast corner thereof; thence southerly passing though a point in the north line of the south 655.00 feet of said east half of the southwest quarter distant 40.00 feet west from the east line of said east half of the southwest quarter, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1081053 WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by Charles Cudd LLC for a preliminary plat, subject to the following conditions: 1. A preliminary plat is approved to allow the creation of 15 lots and 2 outlots, in accordance with the revised plans and application received by the City on June 7, 2004, except as amended by this resolution. . ti Resolution 2004-59a Page 2 2. Approval of the preliminary plat is contingent upon approval of the conditional use permit. 3. The preliminary plat approval is valid for one year from the date of approval. 4. A copy of the Homeowners Association Documents must be provided which clearly defines the rights and responsibilities of the Homeowners Association. The revised HOA documents must be submitted for review and approval by the City Attorney prior to final plat. The Homeowners Association shall be responsible for maintenance of the common outlot. 5. The open space shall be preserved in perpetuity. A conservation easement over the permanent open space is required to be submitted for review and approval by the City Attorney prior to final plat. 6. The park dedication shall be cash-in-lieu of dedication for 15 new lots and shall be due prior to filing the final plat. The park dedication fee shall be in accordance with the ordinance in place at the time of filing the final plat. 7. The plans shall be revised to provide a paved trail within a 20-foot easement. The developer shall construct the trail and then dedicate the trail and easement to the City. The HOA shall be responsible for mowing the grass adjacent to the trail. 8. The applicant shall revise the plans to provide a bridge over the wetland to connect the two trail sections. The revised plans shall be submitted for Parks Commission review prior to final plat approval. The Parks Commission will consider providing park dedication credit for the bridge connection, not to exceed $10,000. 9. The applicant shall provide additional right-of-way or trail easement on Horseshoe Trail in order to accommodate the planned trail. A recommendation will be provided by the City Engineer 10.The applicant must submit soil percolation tests and final septic system designs prior issuance of building permits. A primary and secondary septic site must be staked and fenced prior to beginning any construction on site. 11.The septic sites must be individually fenced with steel posts and snow fencing, which must be left in place until issuance of a Certificate of Occupancy. . Resolution 2004-59a Page 3 12.The well locations must be shown on the plans and staked. 13.The landowner shall comply with the Wetland Conservation Act and shall receive Elm creek Watershed approval prior to final plat approval. 14.The 15-foot wetland structure setback must be shown on the plans. 15.Wetland buffers must be installed in compliance with ordinance requirements. 16.A 75-foot septic setback from delineated wetlands is required. 17.AI1 drainage and utility easements must be staked, surveyed and properly recorded prior to beginning any work on site. 18.The applicant shall pave Mohawk Drive from the south municipal boundary to Horseshoe Trail. The improvements shall be at the developer's expense and in compliance with City street standards. 19.A sign plan shall be submitted prior to final plat to ensure compliance with sign standards. 20.The landscaping plan must provide 100 percent perennial native plants in the wetland buffer. The applicant's plan appears to comply with the ordinance requirements, but additional information to confirm that the Midwest Wildflower Mix and forbes are native is required. 21 .The applicant must comply with all conditions in the City Engineer's memo. ADOPTED by the City Council this 22nd day of July 2004. VOTING AYE VOTING NAY XX Bucher, John Bucher, John XX Gageby, David Gageby, David XX Guenthner, Ken Guenthner, Ken XX Thomas, Ron Thomas, Ron XX Lymangood, Chuck Lymangood, Chuck Resolution 2004-59a Page 4 / / 4,0 Kenneth Guenthner, Mayor City Seal ATTEST: Kary Till n, City Clerk 4 - City of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2004-59b MOTION BY: LYMANGOOD SECONDED BY: THOMAS APPROVING A CONDITIONAL USE PERMIT FOR CHARLES CUDD LLC FOR "SUMMERHILL" ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MOHAWK DRIVE AND HORSESHOE TRAIL WHEREAS, Charles Cudd LLC has requested approval of a conditional use permit to allow the creation of an open space preservation plat with 15 lots on the 58.49-acre property legally described as follows: That part of the east half of the southwest quarter of Section 34, Township 119, Range 23, lying southerly of the north 40.00 feet thereof, northerly of the south 655.00 feet thereof and westerly of the following described line: Commencing at a point in the north line of said east half of the southwest quarter distant 50.77 feet west from the northeast corner thereof; thence southerly passing though a point in the north line of the south 655.00 feet of said east half of the southwest quarter distant 40.00 feet west from the east line of said east half of the southwest quarter, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1081053 WHEREAS, the applicant, Charles Cudd LLC has requested approval of a conditional use permit to allow an open space preservation plat; and WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval based on the characteristics of the use being in compliance with the Comprehensive Plan; and WHEREAS, the use will enhance the general public welfare by permanently preserving open space; and, Resolution 2004-59b Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by Charles Cudd LLC for a conditional use permit, subject to the following findings and conditions: 1. The conditional use permit is approved in accordance with the plan revisions received June 7, 2004, except as amended herein. 2. A conditional use permit is approved to allow the open space preservation plat with 15 lots and 2 outlots on 58.49 acres, based on the finding that the use complies with all applicable conditional use permit standards and the objectives of the open space preservation plats as outlined in the Subdivision Ordinance. Specifically: a. The development will permanently preserve open space b. Preserve natural habitat and vegetated corridors for the movement of wildlife c. Preserve viewsheds for scenic enjoyment and rural identity d. Provide for site development that maintains low visual impact, particularly along arterial roadways and abutting properties e. Create cohesive neighborhoods that establish local identity and community interaction f. Physically integrate neighborhoods and open spaces, in order to maintain Corcoran's identity and facility community interaction g. Reduce the costs of construction and maintenance of public facilities, infrastructure and services by paving Mohawk Drive from the southern municipal boundary to Horseshoe Trail 3. In addition to the 12 building rights allowed through the open space preservation plat program, 3 additional building rights are granted because the applicant is: • Providing public access to the open space via a paved public trail. • Preserving viewsheds along Mohawk Drive • Enhancing the existing wetland by establishing a wetland buffer with native grass and wildflower buffers • Establishing architectural standards and landscape theme • Providing a gazebo at the project entrance for resident use. 4. The developer must provide a permanent conservation easement over Outlot A to preserve the open space in perpetuity. The easement document shall be prepared for City review and approval prior to final plat approval. Resolution 2004-59b Page 3 5. The applicant must provide homeowners association documents that clearly define what activities and/or structures may be allowed in the permanent open space and how the homeowners association will maintain it. 6. The development shall comply with all conditions of preliminary plat approval. ADOPTED by the City Council this 22nd day of July 2004. VOTING AYE VOTING NAY XX Bucher, John Bucher, John XX Gageby, David Gageby, David XX Guenthner, Ken Guenthner, Ken XX Thomas, Ron Thomas, Ron XX Lymangood, Chuck Lymangood, Chuck /Z“.‹.,a(44tge.. -.-- Kenneth Guenthner, Mayor City Seal ATTEST: DI Kary Till nn, City Clerk lb • 'r SCANNED _ 4(j96855 nz o N NS'^ v TRANSFER ENTERED 4 ) , �51 t�, HENNEPIN COUNTY TAXPAYER SERVICES a C) ?t p QW MP o�, ;0 t" AUG 18 '04 . / ° r�'-' i ° ► 0 —Q CA on .�ezi C• MINN. m ° C72 / N CA //I/:/�∎ D. . .V c 0 Si g A w CITY OF CORCORAN COUNTY OF HENNEPIN STATE OF MINNESOTA The undersigned duly qualified and City Clerk of the City of Corcoran hereby certifies that attached hereto is a copy of the original Resolution #2004— 59b adopted by the Corcoran City Council on July 22, 2004, on file in the office of the City Clerk, City of Corcoran. Dated this 12th day of August, 2004. \j/t Kary Till a n, City Clerk/Treasu f rer - , fry '„ v .