HomeMy Public PortalAbout2013-33 Resolution Granting Final Plat Approval for the Enclave at Brockton 3rd AdditionMember Martinson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2013-33
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
THE ENCLAVE AT BROCKTON 3rd ADDITION
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, on July 17, 2012, the City adopted resolution 2012-36, which granted
preliminary approval to U.S. Home Corporation, a Delaware corporation, (the "Developer") for a
plat to be known as "The Enclave at Brockton," which proposed the development of 95 single
family parcels and 23 detached townhome parcels; and
WHEREAS, on July-17, 2012, the City adopted Ordinance No. 530, which approved of
the rezoning of the lands included within the preliminary plat to Planned Unit Development
(PUD); and
WHEREAS, the Developer proposed to develop the approved preliminary plat in phases;
and
WHEREAS, on October 2, 2012, the City granted final approval of the plat of The
Enclave at Brockton, which constituted the first phase of the project; and
WHEREAS, on October 2, 2012, the City also granted final approval of the plat of The
Enclave at Brockton 2nd Addition, which included surrounding lands which were also included
within the preliminary plat approval and are intended to be replatted as future phases consistent
with preliminary plat approval; and
WHEREAS, Eero K. Mattson and Nadejda Piatnitskikh-Mattson, husband and wife, are the
owners of land located at 4425 Brockton Lane, which is legally described as Lot 1, Block 1, The
Enclave at Brockton 2nd Addition, Hennepin County, Minnesota; and
WHEREAS, the Developer is the fee owner of property which is legally described as:
Outlot G, The Enclave at Brockton, Hennepin County, Minnesota; and
WHEREAS, the Developer intends to purchase Lot 1, Block 1, The Enclave at Brockton
2nd Addition and, together with Outlot G, The Enclave at Brockton (collectively, the "Property"),
requests final approval of the plat of The Enclave at Brockton 3rd Addition; and
WHEREAS, the City Council reviewed the final plat at the May 7, 2013 meeting; and
Resolution No. 2013-33
May 7, 2013
WHEREAS, upon review of the final plat the Council finds that, subject to certain terms
and conditions, the plat is substantially consistent with the approved preliminary plat and the
terms and conditions thereof, the requirements of the City's subdivision regulations, and the
requirements, terms and conditions of the PUD district.
NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota
that final approval is hereby granted for the plat of The Enclave at Brockton 3rd Addition, subject
to the following terms and conditions:
1. The Developer shall enter into a development agreement satisfactory to the City which
shall include the requirements described below as well as other relevant requirements of
City ordinance or policy.
2. The Developer shall construct all street, utility, stormwater, trail, sidewalk, grading, and
landscaping improvements shown on the plans received by the City on May 2, 2013,
except as modified herein. The design of all improvements shall be reviewed and
approved by the City Engineer prior to commencing construction.
3. The Developer shall provide right-of-way under the proposed sidewalk at the western
intersection of Basswood Road and Cyprus Circle N.
4. The Developer shall construct turn -lane improvements at Brockton Lane and Basswood
Road as recommended by the City Engineer.
5. The Developer shall provide a letter of credit prior to any site construction in an amount
recommended by the City Engineer to ensure completion of the required improvements.
6. The Developer shall be responsible to reimburse the City for the cost of repairing City
streets if they are damaged as a result of hauling materials to the Property during
development.
7. The Applicant shall provide a detail of the footing drain specifications subject to review
and approval by the City Engineer and Public Works Director.
8. The Applicant shall address the comments of the City Engineer in the letter dated April
16, 2013 and April 29, 2013.
9. The Developer shall update the tree replacement plan to reduce the density of
replacement trees as recommended by the City Engineer by planting a portion of the
replacement trees in Hamel Legion Park as directed by City staff.
10. Final home owner association documents shall be reviewed and approved by the City
Attorney. This document shall describe responsibilities for maintenance of stormwater
improvements, buffer yards, upland buffers, and lawn irrigation systems.
11. The subdivision shall be subject to current City regulations related to lawn and
landscaping irrigation. Irrigation systems within the subdivision shall not be connected to
the City Water Supply System. The Property is located within the Drinking Water
Supply Management Area, so Irrigation Wells shall not be permitted. The Developer
shall meet the Public Works Director's requirements with regards to irrigation from the
stormwater ponds.
Resolution No. 2013-33 2
May 7, 2013
12. The Developer shall dedicate a trail easement for the proposed trail in the northeast
corner of the Property and pay $73,370.05 cash -in -lieu of dedicating additional land to
the City. Land shall be required to be dedicated and/or additional cash -in -lieu shall be
required to be paid upon future phases as required in Resolution 2012-36.
13. The construction plans for the various phases of the development shall address all
comments and requirements of the City Engineer, City Forester and Fire Marshal.
14. One side of streets shall be posted "No Parking" to allow adequate emergency vehicle
circulation.
15. The City Council hereby grants a limited waiver from the 10-foot setback requirement for
driveways from a side lot line within this plat. Driveways shall be allowed a minimum 5-
foot setback from one side lot line, but shall be located a minimum of 10 feet from the
other side lot line.
16. All comments by the City Attorney related to title issues and recording procedures shall
be followed.
17. The Applicant shall obtain necessary approvals and permits from the Elm Creek
Watershed, Minnesota Pollution Control Agency, Metropolitan Council, Minnesota
Department of Health and other relevant agencies.
18. This plat shall be recorded within 120 days of the date of this resolution or this approval
shall be considered void, unless a written request for a time extension is submitted by the
applicant within said 120 days and approved by the City Council for good cause.
19. The Developer shall pay to the City a fee in an amount sufficient to reimburse the City
for the costs incurred in the processing and review of this application, construction plans,
development agreements, and other relevant documents.
Dated: May 7, 2013.
Bv:
Attest:
By: ;f
Scott T. Johnso City Administrator -Clerk
eth Weir, Mayor
r
The motion for the adoption of the foregoing resolution was duly seconded by member Pederson
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Martinson, Pederson, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-33 3
May 7, 2013