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HomeMy WebLinkAboutResolution 2004-106 - Preliminary Plat for Hedgestone - Laurent Development CITY OF CORCORAN RESOLUTION 2004-106 MOTION BY: Gageby SECONDED BY: Thomas APPROVING PRELIMINARY PLAT 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 has requested approval of a preliminary plat to allow construction of 283 homes on the 216.78-acre 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 2"d Addition, Hennepin County, Minnesota (Haley property). Commitment No. 21611 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 Laurent Development Company, LLC for a preliminary plat, subject to the following conditions: 1. A preliminary plat is approved to allow the creation of 283 single family lots and several common lots; 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 2004-106 Page 2 2. Approval is contingent upon City Council approval of the rezoning from R-1 to PUD and PUD preliminary plan. 3. Development standards shall be as approved as part of the PUD. 4. The development shall be subject to all conditions of the PUD preliminary plan approval. 5. The extension of municipal sanitary sewer and municipal water is required to serve this site. Approval of this preliminary plat 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 proper-ties, 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. 6. The developer shall be responsible for the cost of the feasibility study for this project. 7. 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. Resolution 2004-106 Page 3 8. 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 pubiic 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 9. All garages must have a minimum 22-foot parking area in front of the garage that does not overlap into sidewalks, drives or streets. 10.The application is subject to the review an approval by the Elm Creek Watershed District. The applicant shall comply with any conditions of approval from the watershed. 11.The application is subject to the review an approval by Hennepin County. The applicant shall comply with any conditions of approval from the County. Sidewalks and Trails 12.Sidewalks and trails shall be as shown on the plans, except as otherwise noted. 13.The trail shown over the Tabor driveway easement shall not be required to be paved if the Tabor driveway easement remains. 14.The developer must provide details on the proposed underpass, including lighting, materials and dimensions, if the developer chooses to construct the underpass. 15.The developer must clearly distinguish between the public sidewalks and trails and the private trails. Details must be provided for City review and approval. 16. Sidewalk and trail details must be provided. The trail sections may be different for the upland areas and the areas adjacent to wetlands. • Resolution 2004-106 Page 4 17.The HOA shall be responsible for snow removal on public sidewalks and maintenance of private trails within the development. 18.A 20-foot trail easement shall be provided to the City for all public trails. 19.The City may provide public benches and trash enclosures within these trail easements consistent with project architecture and design. 20.A public trail easement shall be provided from Gleason Road to Hunter Drive. Parks/Open Space 21. 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. 22.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. Resolution 2004-106 Page 5 23. 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. 24.The developer shall plant and maintain any landscaping proposed within the proposed public park for two years to ensure that the vegetation is established. Miscellaneous 25.The applicant shall comply with all conditions in the City Engineer's letter to Kendra Lindahl dated December 8, 2004 and the City Engineers memo to Kendra Lindahl dated December 22, 2004. 26.The PUD final plan shall be submitted within two years of the PUD preliminary plan and preliminary plat approval. 27.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. 28.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. 29.As-builts shall be required as part of the building permit application and prior to issuance of Certificates of Occupancy. 30.The plans shall be revised to provide City access to the storm water ponds for maintenance. 31.The language of the attached Exhibit A is incorporated herein by reference. Resolution 2004-106 Page 6 ADOPTED by the City Council this 30th day of December 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 Lymangood, Chuck XX Lymangood, Chuck • Kenneth Guenthner, Mayor City Seal ATTEST: Sue Vergin, Acting Cif 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.