HomeMy Public PortalAbout2017-085 Resolution Granting Preliminary Approval of a Plat and Granting Approval of a PUD General Plan - School Lake Nature PreserveMember Cousineau introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2017-85
RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT
AND GRANTING APPROVAL OF A PUD GENERAL PLAN OF DEVELOPMENT
FOR A CONSERVATION DESIGN SUBDIVISION TO BE KNOWN AS
SCHOOL LAKE NATURE PRESERVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Wallace and Bridget Marx (the "Owners") own approximately 90 acres of
property in the City (the "Property") east of Parkview Drive and north of County Road 24 which
is legally described in Exhibit A; and
WHEREAS, the Owners have made an application for approval of a planned unit
development general plan of development and preliminary plat for the Property; and
WHEREAS, the Owners propose to develop the Property as a conservation design planned
unit development with six residential lots and the conservation of approximately
70 acres; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 13,
2017 and reviewed the information provided by the Owners and City staff, heard testimony from
interested parties, and recommended approval of the requests; and
WHEREAS, the City Council reviewed the proposed request and the Planning
Commission recommendation and heard additional testimony on September 19, 2017; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional testimony submitted to the City, the City
Council makes the following findings of fact in regards to the planned unit development general
plan of development subject to compliance with the conditions noted herein:
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 amount and quality of conservation area protected, the public access to an enjoyment
of the conservation areas and the extent to which the proposal meets the conservation
objectives of the City result in an exceptional circumstance which supports granting of the
maximum additional density permitted by the CD-PUD district.
Resolution No. 2017-85
October 17, 2017
d. The proposed conservation areas protect the ecological function of native hardwood
forests.
e. The proposed conservation areas protect moderate and high quality and ecologically
significant natural areas.
f. The proposed conservation areas make connections between ecologically significant
natural areas.
g. The proposed subdivision incorporates public and private trails in order to create
connections and to provide access and enjoyment of the conservation areas.
h. 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:
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 PUD general plan of development and preliminary plat approval, subject to the
following terms and conditions:
1. The Owners shall submit final construction plans in connection with the final plat
application for review and approval by the City Engineer.
2. The Owners 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 and policy.
3. The Owners 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.
4. Except as explicitly authorized by City this resolution or ordinance no. 618 all aspects of
this subdivision shall comply with all applicable state laws, city codes, ordinances and
regulations.
5. The plat shall dedicate drainage and utility easement around the perimeter of each lot, over
wetland areas, and in other locations recommended by the City Engineer.
6. The plat shall dedicate right-of-way for Parkview Drive as requested by Hennepin County.
7. If any wetland impacts are proposed, the Owners shall obtain wetland replacement plan
approval prior to approval of the final plat.
8. The Owners shall abide by the requirements of the wetland protection ordinance,
including easement, signage, and vegetation requirements.
Resolution No. 2017-85 2
October 17, 2017
9. The Owners shall submit covenants or provide for other means acceptable to the City to
ensure maintenance of conservation areas, stormwater facilities, shared driveway(s), and
other common elements. Such document shall be in a form and of substance approved by
the City.
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 Owners shall grant trail easements to the City in the locations shown on the plans
received by the City on September 1, 2017. The Owners shall also improve (clearing and
stabilization) portions of the trail as determined appropriate during the review of the final
plat. The Owners shall also provide a plan to clearly delineate the trail locations from
private property. The Owners may include provisions to prevent access to the trail during
such dates and times authorized by the City.
12. The Owners shall enter into an agreement with the City related to construction of a small
trailhead to the proposed public trail if an alternative access and parking cannot be
provided to the trail.
13. Conservation easements shall be granted over all conservation areas and shall be in a form
and of substance acceptable to the City, including granting the City a third party right of
enforcement as described in law. 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.
14. Details on any significant tree removal and compliance with the tree preservation
ordinance shall be provided.
15. The landscaping plan shall be updated to provide vegetative screening from adjacent
property along the northern property line of proposed Lot 1 and along the southern and
western property line of proposed Lot 2.
16. The final land stewardship plan shall be provided in connection with the application for
final plat for review and approval by the City. The land stewardship plan shall include
provisions for extensive signing of the conservation areas to reduce potential violations of
the Easement. Such signage shall be in place before any lots are marketed.
17. The Owners shall submit a plan for review and approval by the City for incorporating
information related to the restrictions and obligations of the Conservation Easements into
the marketing materials for the lots within the subdivision.
18. Ownership of some or all of the outlots containing the conservation areas may be required
to be deeded to an Association(s) of owners if the City determines that individual private
ownership of these outlots will not provide the protections required by the CD-PUD
District ordinance.
19. The Owners shall address all comments from the City Attorney, City Engineer, Hennepin
County, and Minnehaha Creek Watershed.
20. The Owners shall submit title evidence satisfactory to the City Attorney prior to or at the
time of submission of the final plat application.
Resolution No. 2017-85 3
October 17, 2017
21. The Owners 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.
22. 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.
23. The Owners 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 17, 2017.
Attest:
By:
Jodi . Gallup, City Clerk
By:
Bob Mitchell, 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:
Mitchell
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2017-85 4
October 17, 2017
EXHIBIT A
Legal Description of Property
PID 16 118 23 32 0002
2700 Parkview Drive
Medina, MN 55340
Legal description: Commencing at the NE corner of the NW 1/4 of the SW 1/4, thence South to
the SE corner thereof, thence West to the SW corner thereof, thence North to the SW corner of
Priscilla's Addition, thence easterly along the southerly line of said Addition to the SE corner
thereof, thence North to the NE corner thereof, thence East to the beginning, except road. Section
16, Township 118, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota.
PID 16 118 23 31 0002
2702 Parkview Drive
Medina, MN 55340
Legal description: The South 500 feet east of that part of the NE 1/4 of SW 1/4 lying West of the
East 520 feet thereof. Section 16, Township 118, Range 23 West of the 5th Principal Meridian,
Hennepin County, Minnesota.
PID 16 118 23 23 0005
2900 Parkview Drive
Medina, MN 55340
Legal description: That part of the S 1/2 of the NW 1/4 lying south of the North 845 feet thereof,
except the West 417.42 feet of the North 208.71 feet of the South 213.71 feet thereof; also that
part of the NE 1/4 of the SW 1/4 lying West of the East 520 feet thereof and North of the South
500 feet thereof, except road. Section 16,Township 118, Range 23 West of the 5th Principal
Meridian, Hennepin County, Minnesota.
Resolution No. 2017-85 5
October 17, 2017