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HomeMy Public PortalAbout2014-004 Resolution Approving Preliminary Plat for Woods of MedinaMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2014-04 RESOLUTION APPROVING A PRELIMINARY PLAT FOR A SUBDIVISION TO BE KNOWN AS "WOODS OF MEDINA" WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jeff Pederson and 4412 JKP LLC (collectively, the "Applicant") owns and has made an application for a subdivision of land within the City (the "Property") which is legally described in Exhibit A, attached hereto; and WHEREAS, the Property is approximately nine acres in size and consists of two parcels addressed as 710 Shawnee Woods Road and 4412 County Road 116; and WHEREAS, the Applicant is proposing to develop the property into 16 R1, Single Family Residential parcels; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 12, 2013; and WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning Commission recommendation on December 17, 2013; and WHEREAS, the Applicant is seeking a partial tree replacement waiver due to the heavily wooded nature of the site and has demonstrated the minimum necessary removal for a single family residential development would result in the removal of 39% of the inches of trees on site; and WHEREAS, the City Council finds that reasonable design options have been exhausted in order to preserve more trees while still developing the Property consistent with intent of the Comprehensive Plan and hereby approves a partial waiver from the full tree replacement requirements; and WHEREAS, the City Council makes the following findings of fact in regards to the preliminary plat based on the requirements of the Subdivision Ordinance: a. The proposed preliminary plat is consistent with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. Resolution No. 2014-04 January 7, 2014 c. Although the density proposed is slightly below the 2.0-3.5 unit/acre net density required for the Low Density Residential land use, the development is consistent with the intent of the City of Medina Comprehensive Plan because it allows for the preservation of natural resources. and d. The lots proposed are consistent with the standards of the R1 Zoning District. e. The proposed subdivision will not cause substantial environmental damage. f. The proposed subdivision is not likely to be injurious to public health. g. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary approval of the plat, subject to the following terms and conditions: 1. The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 2. The Applicant shall install all improvements shown on the plans received by the City on October 15, 2013. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 3. The Applicant shall provide a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the improvements identified in the approved plans. 4. Approval shall be contingent upon the vacation of portions of the Shawnee Woods right- of-way as depicted on the preliminary plat. 5. The building pad on Lot 8, Block 1 shall be oriented to the street. 6. Prior to final plat approval, the Applicant shall provide detailed construction plans for review by the City Engineer. 7. The Applicant shall provide cash -in -lieu of parkland dedication in the amount of $96,160. 8. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. The Applicant shall provide details of alternative measures prior to final plat approval. 9. The property shall be placed within a stormsewer improvement tax district. Resolution No. 2014-04 January 7, 2014 10. The wetland shall be placed in an outlot and upland buffers within easements. 11. An upland buffer planting plan shall be submitted and vegetation shall be established consistent with the wetland protection ordinance. 12. A tree replacement plan shall be submitted for removal in excess of 39% of the significant trees on the Property. The replacement plan shall be submitted when final plat approval is requested. The tree replacement plan shall account for 1635 inches of replacement trees as approved by the City. 13. A plan providing for continued access to the properties further east on Shawnee Woods Road shall be a provided for approval by the City Engineer. 14. The Applicant shall enter into an agreement with the City terminating the access to County Road 116 for Lot 6, Block 1 upon construction of a new home or by January 1, 2024, whichever occurs first. 15. Tree removal beyond that shown on the construction plans shall be subject to the replacement requirements of the City's tree preservation ordinance. Signage shall be placed on the lots and information shall be provided in marketing materials notifying future property owners of the trees to be preserved. Documentation shall be recorded against the Property as recommended by the City Attorney related to replacement requirements should additional removal occur. 16. All comments of the City Engineer shall be addressed. 17. All comments of the City Attorney shall be addressed, and the Applicant shall abide by the City Attorney's recommendations related to title issues and recording procedures. 18. The Applicant shall provide Homeowner's Association documents for City review. This document shall describe responsibilities for maintenance of storm water improvements, buffer yards, and lawn irrigation systems. 19. The Applicant shall obtain necessary approvals and permits from the Elm Creek Watershed, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Metropolitan Council, and other relevant agencies. 20. The application for final plat shall be submitted to the City within 180 days of preliminary approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. 21. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Resolution No. 2014-04 3 January 7, 2014 Dated January 7, 2013. Attest: By: O s Scott Johns , City Administrator -Clerk By: eth Weir, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Martin, Martinson, Weir And the following voted against same: (Recused: Pederson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2014-04 4 January 7, 2014 EXHIBIT A Legal Description of the Property Parcel 1: That part of the South 30 acres of the Northwest % of Section 1, Township 118 North, Range 23 West of the 5m P.M., lying West of the East 1760 feet, EXCEPT the West 534 feet of the South 217.5 feet thereof, and further EXCEPTING that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. and Parcel 2: The 'West 534 feet of the South 217.5 feet of the Northwest %4 of Section 1, Township 118 North, Range 23 Nest of the 5h P.M., EXCEPTING that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Resolution No. 2014-04 January 7, 2014