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HomeMy Public PortalAbout2014-076 Resolution Granting Plat & Variance Approval to Charles Cudd for Woodland Hill PreserveMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2014-76 RESOLUTION GRANTING PLAT APPROVAL AND VARIANCE APPROVAL TO CHARLES CUDD DE NOVO FOR WOODLAND HILL PRESERVE 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 is the fee owner of vacant property in the City which is identified in Hennepin County tax records as PID 01-118-23-22-0006 (the "Money Tree Lot"); and WHEREAS, the City has previously adopted Resolution 2014-08, granting preliminary plat approval to Money Tree Holdings, LLC for a subdivision of PID 01-118-23-22-0006; and WHEREAS, Morris A. Nelson and Jackie A. Nelson are the fee owners of vacant property in the City which is identified in Hennepin County tax records as PID.O1-118-23-22-0007 (the "Nelson Lot"); and WHEREAS, Charles Cudd De Novo, d/b/a Woodland Hills Preserve, Inc. (the "Applicant'), intends to purchase and develop the Money Tree Lot and the Nelson Lot; and WHEREAS, Toll MN LP is the fee owner of a platted lot located at 774 Aster Road (the "Toll Lot'), which is located south of the Nelson Lot; and WHEREAS, Charles Cudd De Novo also intends to acquire a portion of the Toll Lot and to rearrange the lot line in order to provide frontage for a portion of the Nelson Property; and WHEREAS, the Nelson Lot, Money Tree Lot, and Toll Lot (collectively, the "Property") are legally described in Exhibit A, attached hereto; and WHEREAS, the Applicant has requested approval to plat the Property into sixteen single family parcels and an outlot consistent with the standards of the Single Family Residential (R-1) zoning district; and WHEREAS, the Applicant has also requested a variance from the 750 foot maximum length for a street terminating in a cul-de-sac in order to construct a street with a length of approximately 900 feet; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 9, 2014 and following such hearing recommended approval of the variance and plat; and Resolution No. 2014-76 October 21, 2014 WHEREAS, the City Council reviewed the proposed plat at the October 7, 2014 meeting; and WHEREAS, the City Council has, subject to the terms and conditions contained herein, made the following findings of fact in regards to the variance and plat based on the requirements of the Subdivision Ordinance: 1. The topography and existing woodlands result in a particular hardship to arrange the street so that it would not terminate in a cul-de-sac and are unique to the parcel and are not common to other properties. 2. The hardship has not been created by persons presently or formerly having an interest in the land. 3. Granting the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 4. The proposed plat is consistent with the Comprehensive Plan and is not premature as defined in Section 820.28 of the City Code. 5. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. 6. Although the density proposed is slightly below the requirements of the Comprehensive Plan, such deviation is permitted in order to protect natural features of the Property. 7. The lots proposed are consistent with the standards of the R-1 Zoning District. 8. The proposed subdivision is not likely to cause substantial environmental damage. 9. The proposed subdivision is not likely to be injurious to public health. 10. 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 variance approval for the maximum street length terminating in a cul-de-sac and hereby grants final plat approval for the subdivision subject to the following terms and conditions: 1) The Applicant 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. The draft agreement reviewed by the City Council on October 21, 2014 shall be amended as necessary to incorporate such requirements prior to execution. 2) The Applicant shall install all improvements shown on the plans received by the City on September 24, 2014 and any additional improvements required herein. 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 required improvements. 4) The Applicant shall provide additional information requested by the City Engineer to confirm that flood storage of the large wetland to the northwest is not significantly reduced. 5) The Applicant shall pay a fee -in -lieu of park dedication in the amount of $120,000 Resolution No. 2014-76 2 October 21, 2014 6) The Applicant shall submit upland buffer planting and signage plans consistent with City regulations. 7) A partial tree replacement waiver is hereby granted from the full replacement required by code. The Applicant shall provide 1200 caliper inches of replacement trees. Such replacement shall include any one or a combination of the following: 1) on -site planting of predominantly hardwood species similar to those removed, but only in quantities and locations likely to support long-term survival and in accordance with an approved tree replacement plan; 2) planting of hardwood species in alternative locations within the City as approved by City staff; or 3) financial contribution to the environmental fund in an amount of $100 per caliper inch of replacement tree. 8) No lawn or landscape irrigation systems shall be permitted to be connected to the City water system and this regulation shall be disclosed to prospective buyers. The Applicant shall provide details of alternative irrigation measures prior to construction, if such a system is proposed. 9) One side of streets shall be posted "No Parking" to allow adequate emergency vehicle circulation. 10) The Applicant shall update construction plans to include a cul-de-sac at the end of Daisy Circle (west) to the satisfaction of the Public Works Director and Fire Marshal. 11) The Applicant shall update the sewer main alignment to reduce the number of proposed manholes, to be approved by City staff. 12) A system for the discharge of sump pump water shall be installed, the design of which shall be approved by the Public Works Director. 13) All comments of the City Engineer dated September 29, 2014 shall be addressed, and construction plans shall be reviewed and approved by the City Engineer prior to construction. 14) 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. 16) The Applicant shall record Homeowner's Association (the "HOA") documents against all residential lots which shall be satisfactory to the City. This document shall describe responsibilities for maintenance of stormwater improvements, upland buffers, and lawn irrigation systems. The documents shall also describe requirements to safeguard existing trees within tree preservation areas, including but not limited to signage requirements, notification of property owners, and prohibiting replacement without prior City approval. 17) The Applicant shall be responsible for any damage to the streets along required haul routes. 18) 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. 19) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat, construction plans, development agreements, and other relevant documents. 20) The Applicant shall record the plat within 120 days of the date of approval or this approval shall be null and void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. Resolution No. 2014-76 3 October 21, 2014 BE IT FURTHER RESOLVED that this approval shall supersede Resolution 2014-08, which granted preliminary plat approval to Fawn Meadows for a portion of the subject site. Resolution 2014-08 shall be considered null and void following adoption of this resolution. Dated: October 21, 2014. Attest: By: '4/ Scott T. Jo son, City Administrator -Clerk By: beth 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, Pederson, Weir And the following voted against same: (Absent: Martinson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2014-76 4 October 21, 2014 EXHIBIT A Legal Description of the Property Money Tree Lot The East 650 feet of the South Half of the Northwest Quarter of the Northwest Quarter of Section 1, Township 118, Range 23, Hennepin County, Minnesota, Nelson Lot The West 409 feet of the East 1059 feet of the South la of the Northwest Quarter of the Northwest Quarter, Section 1, Township 118, Range 23, Hennepin County, Minnesota. Toll Lot Lot 1, Block 2, Reserve of Medina, Hennepin County, Minnesota. Resolution No. 2014-76 5 October 21, 2014