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