HomeMy Public PortalAbout2015-085 Resolution Approving a Preliminary Plat and Establishing Findings of Fact PUD StonegateMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-85
RESOLUTION APPROVING A PRELIMINARY PLAT AND ESTABLISHING
FINDINGS OF FACT FOR A GENERAL PLAN PLANNED UNIT DEVELOPMENT
FOR A SUBDIVISION TO BE KNOWN AS "STONEGATE"
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Stonegate Farm, Inc. (the "Owner") owns approximately 170 acres of
property in the City (the "Property") west of Deerhill Road and east of Homestead Trail which is
legally described in Exhibit A;
WHEREAS, Property Resources Development Corporation (the "Developer") has made
an application for a general plan planned unit development and preliminary plat for the Property;
and
WHEREAS, the Developer proposes to develop the Property as a conservation design
planned unit development with 41 residential units; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 14,
2015; and
WHEREAS, the City Council reviewed the proposed development and the Planning
Commission recommendation on August 5, 2015 and August 18, 2015; and
WHEREAS, the City Council makes the following findings of fact in regards to the
general plan planned unit development:
a. The proposed plan is compatible with the standards, purposes and intent of the PUD
Ordinance and the Conservation Design-PUD district.
b. The proposed conservation areas provide protection of natural areas in excess of that
provided through development following rural residential standards.
c. The proposed conservation areas make connections between ecologically significant
natural areas.
d. The PUD provides preservation and restoration of desirable site characteristics and
maintains open space; and
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact in regards to the preliminary plat based on the requirements
of the Subdivision Ordinance:
Resolution No. 2015-85
October 6, 2015
a. The proposed preliminary plat is not in conflict 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 proposed subdivision will not cause substantial environmental damage.
d. The proposed subdivision is not likely to be injurious to public health.
e. 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 plat approval and finds it to be consistent with the general plan
planned unit development, subject to the terms and conditions herein:
1. The Developer shall install all improvements shown on the plans received by the City on
September 1, 2015, except as modified herein. The construction of Deerhill Road may be
completed through a public improvement project assessable entirely to the Property under
terms and contractual obligations acceptable to the City. The Developer shall submit
final construction plans for all other improvements for review and approval by the City
Engineer prior to any construction.
2. The Developer shall enter into a development agreement with the City, which shall be in
a form and of substance acceptable to the City and which shall include the conditions
described in this approval as well as other requirements of City ordinance or policy.
3. The Developer shall provide to the City a letter of credit prior to any site construction in
an amount recommended by the City Engineer to ensure completion of the required
improvements, including all restoration of conservation areas.
4. Except as explicitly authorized by City resolution or ordinance, all aspects of this
subdivision shall comply with all applicable state laws, city codes, ordinances and
regulations.
5. The Developer shall obtain wetland replacement plan approval prior to approval of the
final plat.
6. The Developer shall adjust the location of the stormwater pipe cutting across Lot 4,
Block 7 to be along the side property line or adjust the lot alignment so that the
stormwater pipe is along a property line.
7. The new portion of Deerhill Road constructed within the Property shall be built to the
standards required by City ordinances and standards, including a 24 foot wide driving
surface and adequate shoulders.
8. The Developer shall submit Homeowner Association (HOA) documents for review and
approval of the City. Such documents shall ensure maintenance of conservation areas,
stormwater facilities, private roads, and other common elements. HOA documents shall
also include enforcement provisions by which the HOA will ensure homeowners abide by
management plans for subsurface sewage treatment systems.
9. Street names shall be consistent with City street -naming practices (i.e. Fox Hill Court;
Stags Ridge Court).
Resolution No. 2015-85 2
October 6, 2015
10. Shared driveways shall meet relevant standards and include a reciprocal easement and
maintenance agreement satisfactory to the City, which shall be recorded against the
properties.
11. The Developer shall grant trail easements in the locations shown on the plans received by
the City on September 1, 2015, except as follows. Trail easements which are not
immediately adjacent to public rights -of -way shall be a minimum of 20-feet in width.
The trail easement north of the center point of the Fox Hill Court cul-de-sac shall be
located to abut the western property line of the Property until a point north of Lot 9,
Block 1, at which point it shall extend onto the island. The trail easement south of
Momingside Road shall be shifted west as necessary to locate a trail west of the existing
tree line along the property line, but still east of the planted trees. The Developer shall
construct a base section as recommended by the City Engineer, cover with two inches of
top soil and then seed. The conservation easement and land stewardship plan shall not
prohibit the City from converting the trails to hard surface in the future.
12. The Developer shall deed the upland to the northeast of the large wetland to the City for
parks, trails, and open space purposes. The Developer shall update the plat to show this
area as a separate outlot from the adjacent wetland area. In lieu of dedicating additional
property, the Developer shall pay a park dedication fee -in -lieu of $206,213.00, from
which the construction cost of the turf trails shall be deducted. The estimated
construction cost is $70,843.50, which shall leave an outstanding park dedication fee due
of $135,369.50.
13. Construction traffic shall be permitted only upon those roads approved by city staff and
specified in the development agreement.
14. Conservation easements shall be granted over all conservation areas and shall be in a
form and of substance acceptable to the City. The easement shall include enforcement
and collection methods by which the easement holder can ensure payment of ongoing
annual maintenance costs of the conservation areas by the homeowners within the
subdivision. The easement holder for the conservation area shall be secured prior to
application for final plat and be willing to accept the easement in the manner required by
the CD-PUD District Ordinance. The proposed easement holder shall be an entity
acceptable to the City and the Minnehaha Creek Watershed District is acceptable as the
holder.
15. Conservation easements shall be granted over all conservation areas in connection with
recording of the plat for the first phase of the development. Restoration of conservation
areas may occur in phases along with adjacent development rather than occurring all
upon the first phase, provided adequate financial guarantees are provided for restoration
of the future phases.
16. The Developer shall obtain and submit an approved wetland delineation for the southern
90 acres of the subject Property prior to or concurrent with the application for final plat.
If the delineation, as approved, identifies more than 1.6 acres of wetlands in excess of
those identified on the plans submitted June 19, 2015, the Developer shall submit an
updated Yield Plan. If the updated Yield Plan identifies a reduction of the Base Density
on the southern 90 acres, the preliminary plat approval may be considered null and void.
Under such circumstances, the Developer may submit a revised preliminary plat for
consideration which adjusts the number of lots accordingly.
17. Details on any significant tree removal shall be provided.
Resolution No. 2015-85 3
October 6, 2015
18. Street tree placement in the right-of-way shall be subject to review and approval by the
City Engineer and Public Works Director. Landscaping plans shall be updated to shift
trees out of the public rights -of -way which City staff believe have the potential to
interfere with the intended uses of the right-of-way.
19. Final planting plans, including but not limited to upland buffers and conservation areas,
shall be subject to review and approval by the City along with the final land stewardship
plan.
20. The Developer shall provide funds following establishment of the conservation area
vegetation within each phase of the development in an amount sufficient to cover the
maintenance and operation of the conservation area for three years following
establishment.
21. The Developer shall address all comments from the City Attorney, City Engineer, and
Hennepin County.
22. The Developer shall submit revised plans at the time of final plat application
demonstrating that all primary and alternate septic sites meet the necessary setbacks as
required by City Ordinance. Up to 25% of the lots may have secondary septic drainfields
in the Conservation Area if it can be established that there is no reasonable alternative to
locate a secondary drainfield on a lot. The location of the secondary site within the
Conservation Area shall be subject to approval by the easement holder, be compliant with
all applicable city and state regulations, and be acceptable only if the installation of a
septic system would not result in significant hardwood tree loss.
23. All wells within the City's Drinking Water Supply Management Area shall be registered
to monitor possible contamination sites.
24. The Developer shall obtain a public right-of-way easement over adjacent property related
to the proposed street construction within Orono.
25. Any agreement deemed necessary by the City Attorney between Orono and Medina
related to the proposed street construction within Orono shall be obtained, as shall any
required permits from all relevant agencies.
26. No plan or document received by the City prior to August 18, 2015 which is inconsistent
with the plan received by the City on September 1, 2015 shall be considered approved
through adoption of this resolution, having not yet been updated to be consistent with
subsequent revisions.
27. The Developer shall submit title evidence satisfactory to the City Attorney at the time of
submission of the final plat application.
28. The Developer shall obtain necessary approvals and permits from the Minnehaha Creek
Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the
Minnesota Department of Health, and other relevant agencies.
29. The application for final plat shall be submitted to the City within 360 days of
preliminary approval or the preliminary plat shall be considered null and void.
30. The Developer shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the Planned Unit Development, preliminary plat, construction
plans, and other relevant documents.
Dated: October 6, 2015.
Resolution No. 2015-85 4
October 6, 2015
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
By.
eerson, Acting Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Martin
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Cousineau, Martin, Pederson
And the following voted against same: (Recused: Mitchell)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-85 5
October 6, 2015
EXHIBIT A
Legal Description of Property
Parcel 1,
The East Hallo the Southwest Quarter of x itm 21, Township 1 IS. Range 23. Hennepin County, Minnesota.
Parcel 2;
The Northeast Quartet of the Northwest Quartet of Sech n 28.'ian nship 118, Range 23. Hennepin Cosa) 3,,
Pavel 3:
The Southeast Quarter of the Northwest Quartet of Section 28, Tgwnsltap 11ti, klaags 23, Hennepin t'tew% Mnmeterst except that part thereof which lies Westerly of the
fallowing described line: Concmencing a the Northwest cotter of said Southeast. Quarter of the Northwest Quarter, thence on an assumed hewing of South a degrees, -07
minutes, 42 seconds West along the Westlitre of stud Southeast Quarter of the Northwest Quarter, a distance of 92533 fed to the tactual paint of beginning of the line being
described, thence South: 45 degrees, 52 minutes. 18 se ands Fast, a distance of 115.25 fro; thence South I ee degrees 56 minutes, 18 seconds Fast, a distance of 53,92 feet, thence
Southwesuily to a point hr the West litre of said Soirheast Quarter of the Norlhw'cst Quarter, distant 1140.18 fee;. Southerly of the Northwest comer of said Southeast Quarter- of
the Northwest Quieter and acid line them ending.
Parcel 4;
That pan of the Southwest Quartet of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, M mnesota described ss follows. Brimming at lire
Nona' cast corner of said Southwest Quarto of Ibe Northwest Qwrkn thence Saud) along the Fast lore of said Southwest Quaasr of the Northwest Quarter, a distance of 668.33
feet; thence West parallel with the !North line of said Southwest Quarter of the Northwest Quarter, a distance of 548.47 fief to the Easterly line of Dittman Road; theme
Northwesterly deflecting to the eight 41 demo.. 13 minutes, 16 seconds along Easterly tine of said Road, a distance of 60.15 feet; thence Northerly 239.14 &et along the Easterly
lute of saki Road being a tangential Cute to the right laving a radius of 254.35 fore, thence Noithedy 249.7 fuel along PAM* line of said Itaad, bentg tangent to last described
oleic; Iberia Northerly 166.62 feet along the bauerly hoe of said Road so the Ninth'Ime of said Setudwost Quarter of the Northwest Quarts. said 166.62 feet being eking a
tangential curve to the' left having a radius of 650.97 fee: themes Esau along North line of said Southwest Qrtartcr of the Northwest Quarter 655.43 feet to the point of beginning
Resolution No. 2015-85 6
October 6, 2015