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HomeMy WebLinkAboutResolution 2004-105 - PUD for Hedgestone - Laurent Development J , CITY OF CORCORAN RESOLUTION 2004-105 MOTION BY: Bucher SECONDED BY: Gageby APPROVING A PUD (PLANNED UNIT DEVELOPMENT) PRELIMINARY PLAN FOR LAURENT DEVELOPMENT COMPANY, LLC FOR "HEDGESTONE" ON PROPERTY LAND LOCATED WEST OF COUNTY ROAD 101, NORTH OF HACKAMORE ROAD AND ON BOTH SIDES OF GLEASON ROAD WHEREAS, Laurent Development Company, LLC have requested approval of a PUD for "Hedgestone" on property legally described as follows: The southeast quarter of the northwest quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota (Reinke property). Commitment No. 21502 The southwest quarter of the southeast quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota (Larson property). Commitment No. 21609 The north half of the southeast quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota (Ebert property). Commitment No. 21610 Lot 1, Block 1,Farrell 2rd Addition, Hennepin County, Minnesota (Haley property). Commitment No 21611 WHEREAS, the Planning Commission has reviewed the PUD 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 Laurent Development Company, LLC for a PUD, subject to the following conditions: 1. A PUD preliminary plan is approved to allow the creation of 283 single family homes, in accordance with the plans and application received by the City on November 17, 2004 and revisions received on December 9, 2004 and on December 20, 2004, except as amended by this resolution. Resolution 2004-105 Page 2 3. Approval is contingent upon City Council approval of the requested rezoning and preliminary plat. 4. The extension of municipal sanitary sewer and municipal water is required to serve this site. Approval of this PUD is contingent upon extension of these services to the site. Notwithstanding the preceding, in the event that the City has not extended municipal sanitary sewer to the site in order to serve the site by December 31, 2006, then the applicant may install a lift station and force main system at it's sole cost pursuant to City approved plans and specifications which system shall be located generally as shown on the Supplemental Exhibits dated December 20, 2004. Upon completion of construction of said systems in accordance with same approved plans and specifications, the City of Corcoran retains the right to accept ownership and maintenance of said systems. The Homeowner Association property that any of said system is located on will be deeded to the City of Corcoran at no cost at such time. To the extent that this municipal system is oversized or installed at overdepth at the request of the City to serve other properties, when those properties are served by said systems, then the City agrees to credit the applicant for the cost of such oversizing and placing at overdepth of said system. In the event that the City has not extended municipal potable water to the site in order to serve the site by December 31, 2006, then the applicant may install a community water supply system to serve the site at its sole cost pursuant to City approved plans and specifications. At any time in the future, the City of Corcoran retains the right to accept ownership of the community water system and convert it to a municipal water system at no cost to the City. The Homeowner Association property that the community well will be located on will be deeded to the City of Corcoran at no cost at such time. All legal, surveying, and other costs associated with such transfer of ownership will be paid by the Hedgestone Homeowner Association. To the extent that this municipal system is oversized at the request of the City to serve other properties, when those properties are served by said systems, then the City agrees to credit the applicant for the cost of such oversizing of said system. 5. The developer shall be responsible for the cost of the feasibility study for this project. 6. The PUD general plan is approved based on the finding that the proposed project is consistent with the City's Comprehensive Plan. .Resolution 2004-105 Page 3 7. All platted residential lots shall comply with the following setbacks: 50- 65 to 75- 80-foot lots 120- foot foot lots foot lots lots Front yard (home or side-loaded 15 feet 20 feet 20 feet 20 feet garage from public right of way or private drive) Front yard (front-facing garage) 25 feet 25 feet , 25 feet 25 feet From County Road 101 60 feet 60 feet 60 feet 60 feet Side yard 5 feet 5 feet 5 garage space & 10 feet 10 feet living space _ Rear yard 20 feet 25 feet 30 feet 30 feet From the perimeter of the site 30 feet 30 feet 30 feet 30 feet 8. All garages must have a minimum 22-foot parking area in front of the garage that does not overlap into sidewalks, drives or streets. Architectural and Design standards 9. The community building in the park shall be designed to be architecturally compatible with the homes. A final plan must be submitted for review and approval with the PUD final plan submittal. 10.The developer shall submit a design palette for entire project for City review and approval. The palette shall include colors for siding, shakes, shutters, shingles, brick and stone. Building colors and materials shall be harmonious throughout the development. 11.AlI building elevations shall receive equal treatment and visual qualities. 12.No vinyl or metal siding shall be permitted on the homes, community building or accessory structures. 13.The homes on the 50-foot lots shall be single story or walkout ramblers and shall not have wood, vinyl or metal siding. 14.The applicant shall provide copies of the HOA documents/covenants for City review. The HOA documents must include architectural review standards/process, maintenance requirements and accessory building/structure and fence restrictions. 15.The applicant shall develop and implement architectural review and design guidelines for all homes and park buildings. The guidelines must be submitted for City review and approval. Resolution 2004-105 Page 4 16.The developer shall provide a list of builders with the PUD final plan. 17.The developer shall provide centralized mailbox locations. These mailbox locations shall be designed to be architecturally compatible with the other structures in this developer. A revised mailbox plan shall be provided for City review and approval. Parking 18.The developer shall revise the plans to provide additional parking or a proof of parking plan for the private park. 19.The developer shall provide off-street parking for guests in the 50-foot lot neighborhood, as shown on Figure 10 of the December 20, 2004 supplemental exhibits. 20.The developer shall provide a parking plan showing proposed locations for on-street and off-street parking, including the total number of stalls proposed in the private park and in the 50-foot lot neighborhood. 21.No parking shall be permitted on Gleason Parkway. 22.The HOA documents shall include conditions prohibiting parking of Recreational Vehicles outside. 23.The city may sign the public streets for no overnight parking to allow snow removal Landscaping and Lighting 24.A revised landscape plan shall be provided for City Council review prior to approval of the final plat and PUD final plan. 25.The ordinance requires 1 deciduous tree, 2 ornamental trees and 10 ornamental shrubs per 100 feet of the length of the property line adjacent to County Road 101 where setback flexibility is requested. The plans shall be revised to clearly show compliance with this requirement. 26.The applicant shall revise the landscape plan to provide landscaping to transition where existing single family homes are adjacent to a new lot or road at the perimeter of the project. The revised landscape plan shall be submitted for review and approval as part of the PUD final plan. 27.The developer shall provide 4-5 ten-foot high trees for the following areas: . Resolution 2004-105 Page 5 a. Each of the lots in Block 1 adjacent to the west property line north of Gleason Parkway and b. Each of the lots in Block 14 adjacent to the west property line south of Gleason Parkway. 28.Boulevard canopy trees shall be planted in median and boulevards of the Gleason Road parkway. A mix of ornamental trees, perennials and annuals shall also be provided in the median. 29.The developer shall submit a revised landscape plan for City review and approval of the proposed landscaping in the cul de sac islands to ensure planting materials will withstand the stresses of these locations. 30.Irrigation shall be provided for the Gleason Road landscaping. 31.The HOA shall be responsible for planting, irrigation and maintenance of the Gleason Road landscaping and all landscaping adjacent to other public streets or within the cul de sac islands. 32.Sprinklers shall all have rain sensors to limit unnecessary watering. 33.The HOA shall be responsible for maintenance of all common lots. 34.Tree preservation shall be as shown on the submitted plans. 35.The developer shall work with the City to establish guidelines for landscaping, crosswalks, decorative street lighting and signage on Gleason Road. The guidelines shall be drafted for Council review and approval prior to construction of these improvements. 36.The applicant shall work with the City to finalize the design of the decorative lighting that will be installed on the parkway. The applicant shall provide the street lights in compliance with City Policy. 37.Exterior lighting shall be consistent throughout the development. All lighting shall be shielded to prevent glare and light trespass, as required by Section 1040.040 of the ordinance. Lighting details for on-street, park and building lighting shall be submitted for City review and approval. 38.Street lights shall not exceed 16 feet in height unless otherwise required by the City Engineer for public safety purposes. 39.Street lights shall only be allowed at intersections. Resolution 2004-105 Page 6 40.A master sign plan for the development shall be submitted for Planning Commission review and approval. Streets, Parking and Utilities 41.The developer and the City shall work together to ensure completion of the feasibility study for this project. The developer shall incorporate any recommendations from the feasibility study into their plans. 42.No construction traffic shall be allowed on Hackamore Road. 43.Utilities shall be stubbed to the property lines for future extension to adjacent developments. The extensions shall be at the developer's expense. Additionally: a. Utilities shall be extended to each of five homes on Gleason Road. 44.The developer shall comply with all conditions from Hennepin County. 45.The right-of-way and street width for all roads shall be as shown on the plans, except where additional right-of-way is required by the City Engineer. 46.The developer shall provide information detailing how the private drives would be distinguished from public streets (concrete aprons, signage, narrower width, etc.) for City review and approval. 47.The HOA documents shall include language stating that maintenance and any necessary repairs of the private drives, including repairs needed as a result of public infrastructure projects, shall be the responsibility of the HOA. 48.The right-of-way for the entire Gleason Parkway shall be dedicated with the final plat for the first phase of the development. Gleason Parkway shall be built to the property limits in 2 phases corresponding with the approved phasing plan. 49.Cross access and maintenance agreements shall be recorded with the final plat for all shared private driveways or streets. 50.Drainage and utility easements shall be recorded with the final plat for all private drives. 51.The applicant must provide access to the Tabor property to the north. a. The developer shall dedication the area of the Tabor driveway north of "Road A" as public right-of-way 60 feet wide to the north property line. Resolution 2004-105 Page 7 b. The applicant shall either: i. Relocate the Tabor access as shown on the plans with proof of vacation of the driveway easement and compliance with the following: 1. The developer shall provide paved access with curb and gutter shall be provided up to 350 feet from the north property line 2. The developer shall pave the remainder of the driveway to the north property line 3. The developer shall install an electronic gate 350 feet from the north property line 4. The electronic gate shall be removed when a public street is constructed to the north at the time of future development. The cost and removal of the gate shall be a the discretion of the City 5. The developer shall stub sewer and water to the north property line 6. The developer shall provide a small sign at the intersection at "Road A" to identify the private drive 7. The Tabor driveway easement shall be vacated 8. The developer shall pay the cost of all such improvements OR ii. The applicant must revise the plans to retain the existing driveway easement in its existing condition as shown on the Alternate Plan. OR iii. The developer and the Tabors may reach some other agreement for providing access. Any change to the plans other than those identified in items (i) or (ii) above shall require City Council approval. 52.The applicant shall dedicate the cul de sac that currently terminates White Tail Drive as a public street. The existing cul de sac parcel is adequate for public right-of-way. This land shall be dedicated regardless of whether or not the driveway easement remains. 53.The City encourages the applicant to work with the other four affected property owners to vacate the White Tail easement. If the easement is vacated, the street connection to this development shall be opened to provide public street access for these residents via the new streets within this development. 54.An emergency vehicle access with knockdown bollards shall be provided at the two new public street rights-of-way adjacent to the White Tail easement (Road R and Road I). Resolution 2004-105 Page 8 55.The right-of-way for the public street accesses north of the new White Tail public street shall be extended to the north property line (Road R and Road I). 56.The applicant shall revise the plans to provide public right-of-way south of the required public street for the White Tail cul de sac (shown as Road R) through Outlot E to provide a future connection to Gleason Road should any of the existing homes on Gleason Road be redeveloped or subdivided in the future. 57.The applicant must submit a request for vacation of the existing right-of-way for those areas not to be utilized in the realigned Gleason Road. This easement vacation shall be submitted for review and approval by the City Council prior to final plat approval. In the event that the City chooses not to vacate any such existing right-of-way, then the City will allow existing driveways on existing Gleason Road to be constructed by the applicant over the existing right-of-way to the newly realigned Gleason Road. All costs related to driveway extensions will be the cost of the applicant. All land, other than existing or new right-of-way that the driveway extensions lie upon, shall be deeded by the applicant to the owner of said driveway. 58.The developer shall provide new driveways of materials consistent with the existing driveways for the two existing homes on the eastern portion of the existing Gleason Road alignment. The cost of these new driveways shall be borne by the developer. 59.Gleason Road shall be paved by the developer to serve the 5 existing homes. 60.Additional right-of-way may be required for a public turnaround on Hunter Drive, as determined by the City Engineer. 61.The development shall comply with the Fire Chief's requirements regarding fire access, fire protection and fire flow calculations, the location of fire hydrants, fire department connections, and fire lane signage. 62.The developer shall extend Gleason Parkway to County Road 116. The section of the road west of the subject property shall be constructed and paved in the existing right-of-way to City street standards and shall not be constructed as a parkway. The cost of construction of this collector road shall be at the developer's expense, but the cost of the improvements shall be credited to the developer's required area transportation improvement fees. This connection shall be made with the 2nd phase of the development or when development occurs along this section of road. 63.The Developer shall relocate Gleason Parkway to the north (generally west of Road F) and: Resolution 2004-105 Page 9 a. Preserve the existing vegetation to provide screening for the existing homes to the south b. Add additional landscaping within the right-of-way in compliance with City street standards to provide screening to the south c. The parkway design shall be eliminated in this portion of the road, subject to review and approval by the City Engineer d. Unneeded right-of-way in this area may be vacated and deeded back to the adjacent landowners. 64.The developer shall make the required improvements to the intersection at County Road 116 and 66th/Gleason. 65.Not more than four driveways shall be allowed onto any one cul de sac. Sidewalks and Trails 66.Sidewalks and trails shall be as shown on the plans, except as otherwise noted. 67.The trail shown over the Tabor driveway easement shall not be required to be paved if the Tabor driveway easement remains. 68.The developer must provide details on the proposed underpass, including lighting, materials and dimensions, if the developer chooses to construct the underpass. 69.The developer must clearly distinguish between the public sidewalks and trails and the private trails. Details must be provided for City review and approval. 70.Sidewalk and trail details must be provided. The trail sections may be different for the upland areas and the areas adjacent to wetlands. 71.The HOA shall be responsible for snow removal on public sidewalks and maintenance of private trails within the development. 72.A 20-foot trail easement shall be provided to the City for all public trails. 73.The City may provide public benches and trash enclosures within these trail easements consistent with project architecture and design. 74.A public trail easement shall be provided from Gleason Road to Hunter Drive. ar I Resolution 2004-105 Page 10 Parks/Open Space 75.Park dedication shall be cash in lieu of fees due at the time of final plat, except that credit shall be given for the following: a. Credit for the land area of the 20-foot wide trail easement required and construction costs (not to exceed $17 per lineal foot) for off-road trails and other trail land areas outside of the right-of-way b. Credit for the paving costs of trails (not to exceed $17 per lineal foot) within the right-of-way of Gleason Parkway c. The Gleason Parkway trail shall be moved to the north side of the road and the sidewalk to the south side of the road to reduce conflicts with private park d. Acceptance of and credit for the 1 acre of significant woodland in the northwest portion of the site. The remaining area of the parcel shown as city park shall not be accepted as park dedication and shall be owned and maintained by the homeowner's association as a common lot/outlot. e. 12% credit for the private park based on the finding that the private park provides 60% of the neighborhood park needs for the southeast district. Neighborhood parks are 20% of the City park requirements (20% x 60% = 12%) f. No credit shall be given for the proposed pedestrian underpass g. No credit shall be given for the on-road trails proposed adjacent to County Road 101 and Hackamore Road h. The remainder of the fees shall be cash in lieu of land (approximately $1.13 million due for 191 homes after credit is given for park dedication) i. The final amount of credit shall be calculated at the time of final plat. j. Park dedication fees shall be due for the homes in each phase of development prior to release of the final plat until the required park dedication fees are met. Park dedication fees shall be based on the park dedication fees per unit due at the time of final plat approval. 76.The HOA documents shall be submitted to the City for review and approval. These documents shall ensure that the pool and community building are owned and maintained by the HOA. 77.Details on the private park, including structures, lighting, parking, shall be submitted for review and approval by the City prior to approval of the final plat for phase I. 78.The developer shall plant and maintain any landscaping proposed within the proposed public park for two years to ensure that the vegetation is established. Resolution 2004-105 Page 11 Drainage/Storm Water Management 79.The applicant shall obtain approval of the land development plan by the Elm Creek Watershed District and the City of Corcoran, including the proposed wetland impacts and mitigation. 80.The developer shall submit a drainage plan for review and approval by the City Engineer. The City Engineer shall have the authority to require fore bays as needed. 81.The developer shall submit a foundation drainage system plan for review and approval by the City Council. The City Council shall have the authority to require foundation drains. 82.The developer must comply with all conditions from Elm Creek Watershed District. 83.A wetland mitigation plan must be submitted for review and approval by Elm Creek Watershed District. 84.The plans shall be revised to dimension the required wetland buffers and setbacks as required by Section 1050.010 of the Zoning Ordinance. 85.The plans shall be revised to identify the wetland buffer monuments as required by Section 1050.010 of the Zoning Ordinance. 86.The developer must install wetland buffer monuments prior to issuance of Certificates of Occupancy for adjacent buildings. 87.A FEMA map amendment with a letter of map revision (LOMR) is required and must be completed prior to final plat and PUD final plan approval. 88.Drainage and utility easements must be provided over all wetlands and ponds. Miscellaneous 89.The applicant shall comply with all conditions in the City Engineer's letter to Kendra Lindahl dated December 8, 2004 and the City Engineer's memo to Kendra Lindahl dated December 22, 2004. 90.The PUD final plan shall be submitted within two years of the PUD preliminary plan and preliminary plat approval. Resolution 2004-105 Page 12 91.The phasing plan submitted by the developer with an estimated project completion in 2011, in conformance with Figure 24 in the December 20, 2004 supplemental exhibits, shall be approved. 92.The developer shall pay trunk infrastructure area charges or fees to the City. These charges shall be used for the construction of trunk storm water, transportation, sanitary sewer, and water supply, distribution, and storage infrastructure. The amount of the charges per developable acre will be consistent with the charges identified in the Concept Utility Report — Table SE -2. The charges shown in Table SE-2, or as may be modified based on subsequent engineering analysis. The value of the trunk infrastructure constructed and paid by the developer as part of this development as identified and determined by the City Engineer via the feasibility report shall be credited against the area charges identified in the Concept Utility Report. The remaining balance of the area charges after credit for the trunk infrastructure to be constructed as part of this development shall be paid to the City at the time of final plat or as charges at the time of building permit as determined appropriate by the City Engineer and City Attorney and documented in the Developer's Agreement. 93.As-builts shall be required as part of the building permit application and prior to issuance of Certificates of Occupancy. 94.The plans shall be revised to provide City access to the storm water ponds for maintenance. 95.The language of the attached Exhibit A is incorporated herein by reference. ADOPTED by the City Council this 30th day of December 2004. VOTING AYE VOTING NAY X Bucher, John Bucher, John Gageby, David Gageby, David X Guenthner, Ken Guenthner, Ken x Thomas, Ron Thomas, Ron Lymangood, Chuck ?C Lymangood, Chuck Resolution 2004-105 Page 13 Kenneth Guenthner, Mayor City Seal ATTEST: Sue -rgin, Actin0City Clerk EXHIBIT A 1. The City desires to permit Developer to develop the Subject Property in phases as contemplated by the phasing plan, attached hereto as Exhibit A, with an estimated project completion of 2011. The Developer may change the sequence of phasing and renumber lots per phase in order to respond to market conditions. 2. Each Phase shall be subdivided into lots pursuant to a final plat to be consistent with the preliminary plat hereby approved and developed pursuant to a Developer's Agreement to be executed by the City and the Developer (referred to herein as "Developer's Agreement"). 3. When Phases or portions or combination of Phases are ready for development, final plats consistent with the preliminary plat and Developer's Agreement for those particular Phases or portions thereof will be approved by the City. Nothing herein is deemed final plat approval for any of the Phases at this time. Notwithstanding that final plat approval must be obtained for each Phase, the City is committing to grant and maintain zoning designations and to approve final plats as needed to allow the development of the Subject Property as contemplated herein. 4. (a.) The Project as contemplated in the preliminary plat approved herein is a planned and staged development as authorized by Minnesota Statutes, Section 462.358, Subd. 3c, which provides that: For one (1) year following preliminary approval and for two (2) years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density. lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may be resolution or agreement grant the rights referred to herein for such periods of time longer than two (2) years, which it determines to be reasonable and appropriate. (b) Pursuant to the authority cited above, the City agrees that the development rights and obligations addressed in this resolution of preliminary plat approval shall remain in effect until December 31, 2011 and with respect to • each Phase, five (5) years from the date final plat approval for such Phase is granted by the City. 5. (a.) In accordance with the time frames established above, the City will not, without the prior written consent of the Developer, which consent shall not be unreasonably withheld, for any particular Phase or Phases or the entire Project in which the Developer has an ownership interest, change the City's current Comprehensive Plan (except changes contemplated hereby or necessary to permit the development of the Project as contemplated hereby, and except changes that are mandated by federal law or regulations or by Minnesota Statutes or Minnesota Rules or by a determination by a court of competent jurisdiction that, by their terms, must be complied with notwithstanding any provision hereof to the contrary), or change ordinances establishing zoning, subdivision controls, site plan regulations and official maps (except as contemplated hereby or unless such change is mandated by federal law or regulations or Minnesota Statutes, Minnesota Rules or a determination by a court of competent jurisdiction, that, by their terms, must be complied with notwithstanding any provision hereof to the contrary), for any particular Phase or Phases or the entire Project in a manner which is inconsistent with the terms of this resolution giving approval to the preliminary plat for the entire Project with respect to the following: (i) permitted, conditional and accessory uses; (ii) development density; (iii) lot size; (iv) lot layout, depth, and width; (v) building setbacks and building height; (vi) street conveyance requirements; (vii) park and trail dedications or cash in lieu thereof, except to reflect any increases in the cash to be paid per residential unit in lieu of park and trail dedications; (b.) Notwithstanding the restrictions above-stated, the Developer may request a modification to the above controls for a specific Phase within the Project and the City may grant the modification. After expiration of the time periods established above, the City may, pursuant to law, without the consent of the Developer, modify applicable control provisions affecting such Phase with respect to the above matters. Until the City takes such action, the provisions set forth in this Exhibit shall remain in full force and effect.