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HomeMy Public PortalAbout2016-053 Resolution Granting Final Plat Approval for "Deerhill Preserve"Member Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-53 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR "DEERHILL PRESERVE" 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, on October 6, 2015, the City Council adopted Resolution 2015-85, granting preliminary approval to Property Resources Development Corporation (the "Developer") for a conservation design planned unit development subdivision with 41 residential lots which placed approximately 90 acres into a permanent conservation easement; and WHEREAS, on October 6, 2015, the City Council also adopted Ordinance No. 588, which approved the rezoning of the Property to a Conservation Design Planned Unit Development (CD-PUD) which regulates development of the Property; and WHEREAS, the Developer has made an application for final plat approval for the plat, the name of which has now been changed from "Stonegate" to "Deerhill Preserve"; and WHEREAS, the Developer intends to develop the Property in phases with the proposed first phase including 10 of the lots; and WHEREAS, Outlots D, G, H, J, L, and M are intended to be replatted in future phases to include the remaining 31 residential lots; and WHEREAS, the City Council reviewed the final plat at the April 5, 2016 and June 21, 2016 meetings; and WHEREAS, upon review of the final plat the Council finds that, subject to certain terms and conditions, the plat is substantially consistent with the approved preliminary plat and the terms and conditions thereof, the requirements of the City's subdivision regulations, and the requirements, terms and conditions of the PUD district. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval for Deerhill Preserve, subject to the following terms and conditions: Resolution No. 2016-53 June 21, 2016 1. The Developer shall install all improvements shown on the plans received by the City on May 3, 2016, except as modified herein. 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 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. Such covenants shall require approval from the City to amend sections which are necessary to carry out the terms and conditions herein. 6. Street names shall be consistent with City street -naming practices (i.e. Fox Hi11 Court; Stags Ridge Court). 7. 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. 8. Design of private roads shall be updated during the relevant phase of development in order to be acceptable to the City Engineer and Fire Marshal to ensure adequate circulation and emergency access. 9. The Developer shall grant trail easements in the locations shown on the plans received by the City on May 3, 2016, or as adjusted in the field with the approval of City staff. The conservation easement and land stewardship plan shall not prohibit the City from converting the trails to hard surface in the future. 10. The Developer shall deed Outlot A to the City for parks, trails, and open space purposes. In lieu of dedicating additional property, the Developer shall pay a park dedication fee -in -lieu of $102,000. 11. Construction traffic shall be restricted from the existing gravel portion of Deerhill Road and shall be permitted only upon those roads approved by city staff and specified in the development agreement. 12. Conservation easements shall be granted over all conservation areas at the time of recording of this plat and shall be in a form and of substance acceptable to the City. 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. 13. 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. 14. The Developer shall comply with the terms and conditions of the plat opinion provided by the City Attorney Resolution No. 2016-53 2 June 21, 2016 15. The Developer shall address all comments from the City Attorney, City Engineer, City Building Official and Hennepin County. 16. 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. 17. All wells within the City's Drinking Water Supply Management Area shall be registered to monitor possible contamination sites. 18. The Developer shall obtain a public right-of-way easement over adjacent property related to the proposed street construction within Orono. 19. Any agreement deemed necessary by the City Attorney between Orono and Medina related to the proposed street construction within Orono shall be obtained prior to the City's execution and recording of the plat, as shall any required permits from all relevant agencies. 20. The Developer shall obtain necessary approvals and permits from the City of Orono, Minnehaha Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, and other relevant agencies. 21. 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, final plat, construction plans, and other relevant documents. Dated: June 21, 2016. Attest: By: By: Scott T. Johnson, City Administrator — Deputy Clerk rson, • cting 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, Cousineau, Martin, Pederson And the following voted against same: (Recused: Mitchell) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016-53 3 June 21, 2016 EXHIBIT A Legal Description of Property Parcel 1: The East Half of the Southwest Quarter of Section 21, Township 118, Range 23, Hennepin County, Minnesota. Parcel 2: The Northeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota. Parcel 3: The Southeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota except that part thereof which lies Westerly of the following described line: Commencing at the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees, 07 minutes, 42 seconds West along the West line of said Southeast Quarter of the Northwest Quarter, a distance of 925.33 feet to the actual point of beginning of the line being described; thence South 45 degrees, 52 minutes, 18 seconds East, a distance of 115.25 feet; thence South 11 degrees, 56 minutes, 18 seconds East, a distance of 53.92 feet; thence Southwesterly to a point in the West line of said Southeast Quarter of the Northwest Quarter, distant 1140.18 feet Southerly of the Northwest corner of said Southeast Quarter of the Northwest Quarter and said line there ending. Parcel 4: That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence South along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 668.33, thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter, a distance of 548.47 feet to the Easterly line of Dillman Road; thence Northwesterly deflecting to the right 41 degrees, 13 minutes, 16 seconds along Easterly line of said Road, a distance of 60.15 feet; thence Northerly 239.14 feet along the Easterly line of said Road being a tangential curve to the right having a radius of 254.35 feet; thence Northerly 249.7 feet along Easterly line of said Road, being tangent to last described curve; thence Northerly 166.62 feet along the Easterly line of said Road to the North line of said Southwest Quarter of the Northwest Quarter; said 166.62 feet being along a tangential curve to the left having a radius of 650.97 feet; thence East along North line of said Southwest Quarter of the Northwest Quarter 655.43 feet to the point of beginning. Parcel 6: That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, described as follows: Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees 07 minutes 42 seconds West along the East line of said Southwest Quarter of the Northwest Quarter a distance of 1140.18 feet to the actual point of beginning of the tract of land to be described; thence South 49 degrees 03 minutes 42 seconds West, a distance of 57.15 feet; thence South 29 degrees 03 minutes 42 seconds West to the northeasterly right of way line of Hennepin County Highway No. 201, Plat 53; thence southeasterly along said right of way line to the east line of said Southwest Quarter of the Northwest Quarter; thence North 0 degrees 07 minutes 42 seconds East along said east line to the point of beginning. Resolution No. 2016-53 4 June 21, 2016