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Home My Public Portal About2014-008 Resolution Approving Premlimary Plat for Fawn MeadowsMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2014-08 RESOLUTION APPROVING A PRELIMINARY PLAT FOR A SUBDIVISION TO BE KNOWN AS "FAWN MEADOWS" WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Money Tree Holdings LLC (the "Applicant') has made an application for a subdivision of land (the "Property") legally described as: The East 650.00 feet of the South %2 of the Northwest '/ of the Northwest % of Section 1, Township 118, Range 23. WHEREAS, the Applicant is proposing to develop the property into 11 R1, Single Family Residential parcels; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 10, 2013 which was continued to December 10, 2013; and WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning Commission recommendation on January 7, 2014; 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. c. The density is consistent with the City of Medina Comprehensive Plan and the lots proposed are consistent with the standards of the R1 Zoning District. d. The proposed subdivision will not cause substantial environmental damage. e. The proposed subdivision is not likely to be injurious to public health. f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. Resolution No. 2014-08 January 21, 2014 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 November 25, 2013. Prior to final plat approval, the Applicant shall provide detailed construction plans, and no construction shall commence until such plans have been approved by the City Engineer. 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. The Applicant shall ensure that construction traffic gains access to the Property as directed by the City so as to prevent damage to or to ensure the repair of adjacent public streets and also to limit the negative impact on adjacent property owners. The City may require that the 33 foot wide access easement to the Property from County Road 116 be used for construction access until such time as the City determines, in its sole discretion, that construction access from adjacent public streets should be required. The Applicant shall make improvements to access easement as determined necessary by the City Engineer to support the construction traffic and to limit negative impact on adjacent property owners. 5. Upon the City permitting construction access via adjacent public streets as described in condition #4 above, the Applicant or the Applicant's successor shall relinquish any interest in the easement from County Road 116 easterly to the eastern edge of the western leg of Daisy Circle in the Reserve of Medina plat. 6. The Applicant shall provide cash -in -lieu of parkland dedication in the amount of $88,000. 7. The plan shall be revised to remove all retaining wall systems from drainage and utility easements. 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, unless the Applicant confirms no irrigation systems will be installed. At minimum a conduit shall be provided for a street crossing in a location as approved by the City Engineer. Notification on irrigation regulations shall be made to all prospective purchasers of property and incorporated into the Home Owner's Association documents. Such notice shall be in language as approved by the City Attorney. Resolution No. 2014-08 2 January 21, 2014 9. The Applicant shall adjust the amount, alignment, and location of the right-of-way on the western edge of the plat as recommended by City staff in order to allow orderly development of the property to the west. 10. A private easement shall be placed over the private sewer service between Lots 2 and 3 of Block 2 in form and substance as approved by the City. The cleanout shall be placed at grade. 11. Unless otherwise approved by the City Engineer, the sidewalk shall be placed at the edge of the right-of-way within the eyebrow. Upon request, the City may grant a license to allow for private landscaping within this right-of-way after removal of the temporary cul- de-sac provided such landscaping does not interfere with the public use of the right-of- way. 12. The Applicant shall enter into an agreement and provide financial surety related to the removal of the temporary cul-de-sac and necessary reconstruction and restoration. 13. The Property shall be placed within a storm sewer improvement tax district. 14. Wetland buffers shall be placed within easements and an upland buffer planting plan is required in compliance with the City's wetland protection ordinance. 15. A tree replacement plan is required. 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. These documents shall describe responsibilities for maintenance of storm water improvements, buffer yards, and lawn irrigation systems if any. 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. 2014-08 3 January 21, 2014 Dated: January 21, 2014. By. Attest: By: Scott T. Johnson, City Administrator -Clerk zabeth Weir, Mayor 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, Pederson, Weir And the following voted against same: (Absent: Martinson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2014-08 4 January 21, 2014