HomeMy Public PortalAbout530 Ordinance Approving the Enclave at Brockton Planned Unit Development; Approving the General Plan of Development; Rezoning the PropertyCITY OF MEDINA
ORDINANCE NO.530
AN ORDINANCE APPROVING THE ENCLAVE AT BROCKTON
PLANNED UNIT DEVELOPMENT; APPROVING THE
GENERAL PLAN OF DEVELOPMENT; REZONING THE PROPERTY
WHEREAS, Marvin K. Herwig and Judy A. Herwig, husband and wife, are the owners of
land identified by Hennepin County Property Identification 13-118-23-11-0006, which is legally
described in Exhibit A, attached hereto; and
WHEREAS, Eero K. Mattson and Nadejda Piatnitskikh-Mattson, husband and wife, are the
owners of land located at 4425 Brockton Lane, which is legally described in Exhibit A, attached
hereto; and
WHEREAS, Alan C. Johnson and Mary A. Johnson, husband and wife, are the owners of
land located at 4245 Brockton Lane, which is legally described in Exhibit A, attached hereto; and
WHEREAS, David H. Leuer and Linda L. Leuer, husband and wife, are the owners of land
located at 4225 Brockton Lane, which is legally described in Exhibit A, attached hereto; and
WHEREAS, Scott N. Oare and Robbin R. Oare, husband and wife, are the owners of land
located at 150 Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, John G. Zahhos is the owner of land located at 100 Navajo Road East, which
is legally described in Exhibit A, attached hereto; and
WHEREAS, Patrick L. Etzel and Patricia M. Etzel, husband and wife, are the owners of
land located at 50 Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, Clara E. Ecktenkamp, a married person, is the owner of land located at 75
Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, James P. Jurmu and Barbara L. Jurmu, husband and wife, are the owners of
land located at 25 Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, the owners listed above are individually and collectively referred to herein as
the "Owners;" and
WHEREAS, the property described in Exhibit A is collectively referred to herein as the
"Property;" and
WHEREAS, U.S. Home Corporation (the "Applicant') has the option to purchase the
Property and has requested approval to rezone the property to Planned Unit Development (PUD) in
order to develop the Property with 95 single-family homes and 23 detached townhomes; and
Ordinance No. 530
July 17, 2012
WHEREAS, the Medina planning has previously reviewed a Concept Plan of the PUD and
provided comments on February 14, 2012 and April 10, 2012, as required by Section 827.74 et. seq.
of the City Code; and
WHEREAS, the Medina city council has previously reviewed the Concept Plan of the PUD
and provided comments on March 6, 2012 and April 17, 2012, as required by Section 827.74 et.
seq. of the City Code; and
WHEREAS, the Medina planning commission held a Public Hearing on the General Plan
of Development of the PUD on June 12, 2012 where testimony was heard from the Applicant,
Owners, city staff, and other interested parties; and
WHEREAS, the commission recommended approval of the PUD General Plan of
Development, subject to certain terms and conditions; and
WHEREAS, on July 3, 2012, the Medina city council reviewed the recommendation of the
planning commission and heard from the Applicant, Owners, city staff, and other interested parties;
and
NOW, THEREFORE, based on the full record before it, the city council of the city of
Medina makes the following findings of fact regarding the Applicant's request:
1. Consistent with Comprehensive Plan
The proposed PUD provides the overall density which is required by the
Comprehensive Plan across the Property, provides housing options for a mix of age
groups, and protects open space between homes. The PUD is consistent with the
City's Comprehensive Plan.
2. Consistent with intent and purpose of the PUD ordinance
Section 827.25 of the City's PUD ordinance states that its purpose of a planned unit
development is to "allow greater flexibility in the development of neighborhoods"
by "incorporating design modifications" and allowing "a mixture of uses," within
the PUD. Among the specifically articulated purposes of the PUD ordinance are
"innovations in development" by the "conservation and more efficient use of land";
the "maintenance of open spaces in portions of the development site"; and a "more
desirable and creative environment than might be possible through the strict
application of zoning and subdivision regulations." The PUD is consistent with the
intent and purpose of the PUD ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, that
following careful consideration of all comments and observations offered by City staff,
representatives of the Applicant and testimony by members of the public, and based upon the
Findings of Fact stated above, the city council does hereby approve this ordinance approving of the
General Plan of Development and rezoning the Property to PUD, subject to the following terms and
conditions:
Ordinance No. 530 2
July 17, 2012
1. Any future subdivision, construction, or development upon the Property shall be
consistent with the General Plan of Development received by the City on May 31,
2012, except as modified herein or in Resolution
2. The Owners shall enter into an agreement with the City which obligates themselves
and their successors to develop the Property only in strict compliance with the
approved General Plan of Development and the terms of this ordinance.
3. The open space areas shall be expanded in the following locations: east of Lot 4,
Block 11; north of Lot 1, Block 6; east of Lots 1-2, Block 6; north of Lot 9, Block 4;
west of Lots 8-9, Block 4; north of Lot 9, Block 5; east of Lots 6-9, Block 5; east of
Lot 10, Block 6; west of Lots 1-2, Block 4; east of Lot 1, Block 5; and west of Lot
17, Block 5.
4. Approval of the General Plan of Development and rezoning to the PUD district shall
be contingent upon recording of The Enclave at Brockton plat with the Hennepin
County Recorder.
5. The City Administrator -Clerk is hereby directed to publish this ordinance and place
it into effect only upon satisfaction of the terms and conditions noted herein.
BE IT FURTHER RESOLVED that upon the time this ordinance is placed into effect and the
Property is zoned PUD, all zoning regulations which apply to property in the Two Family
Residential (R2) zoning district, as amended from time to time by the City Council, shall apply to
the Property, with the exception of the following deviations:
1. Until such time as any individual parcel listed in Exhibit A is developed consistent with the
General Plan of Development, the standards of the Rural Residential -Urban Reserve zoning
district shall apply to such parcel.
2. The lots identified as "Detached Townhomes Lots" in Exhibit B, attached hereto, shall
require a minimum lot size of 7,000 square feet, minimum lot depth of 125 feet, minimum
lot width of 55-feet, minimum side yard setbacks of 7.5 feet, and a minimum setback for
garage doors facing streets of 25 feet. All other standards of the R2 zoning district shall
apply.
3. The lots identified as "90-foot Wide Lots" in Exhibit B, attached hereto, shall require a
minimum lot size of 11,000 square feet, minimum lot width of 90 feet, minimum lot depth
120 feet, and minimum side yard setbacks of 10 feet. All other standards of the R-2 zoning
district shall apply.
4. The lots identified as "75-foot Wide Lots" in Exhibit B, attached hereto, shall require a
minimum lot size of 9,000 square feet, minimum lot width of 75 feet, and minimum lot
depth of 120 feet. All other standards of the R-2 zoning district shall apply.
5. The HOA amenity lot, as identified in Exhibit B, shall require a minimum front yard setback
of 20 feet and shall allow the uses shown on the plans submitted to the City on June 22,
2012. All other standards of the R2 zoning district shall apply.
Ordinance No. 530 3
July 17, 2012
Dated: July 17, 2012.
T. M. Crosby, Jr., Mayor
ATTEST:
Scott T. Johnson, City Administrator -Clerk
Whereupon said ordinance was declared duly passed and adopted and shall be effective upon the
recording of The Enclave at Brockton plat and upon subsequent publication of this ordinance.
Published in the South Crow River News this Z 5 day of 6)(1 / , 2012.
Ordinance No. 530 4
July 17, 2012 •
Exhibit - A
Legal Description of the Property
Hennepin County Property Identification 13-118-23-11-0006
the West Half of the Forth 345 feet of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 118, Range 23, Hetmepin County, Mimtcsota.
4425 Brockton Lane
The East Half of the North 345 feet of the Northeast Quarter of the Northeast Quarter of Section 13,
'Township 118, Range 23, Hennepin County, Minnesota.
4245 Brockton Lane
The North 172.50 feet of the South 345 feet of the North 690 feet of the Northeast Quarter of the Northeast
Quarter of Section 13, Township 118, Range 23, Hennepin County, Minnesota.
4225 Brockton Lane
The South 172.50 feet of the North 690 feet of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 118, Range 23, l lermepin County-, Minnesota
150 Navajo Road East
1_0t I, I31ock 1, NAVAJO HILLS ADDITION, Hennepin County, Minnesota
100 Navajo Road East
Lot 2, Block I, NAVAJO HILLS ADDITION, Hennepin County, Minnesota
50 Navajo Road East
The South 382.00 feet of the North 1072.00 feet of the Last 607.00 feet of the Northeast Quarter of Section
13., 'township 118, Range 23, I le nepin County, Minnesota.
75 Navajo Road East
1.ot 1. Block 2, NAVAJO HILLS ADDITION, Hennepin County, Minnesota.
25 Navajo Road East
That part of Lot 2, Block 2, NAVAJO HILLS ADDITION, Hennepin County, Mitmesota, embraced within
the Northeast Quarter of the Northeast Quarter of Section 13, Township 118, Range 23, according to the plat
thereof on file or of record in the office of the Registrar of Titles in and for said County. (Totrens)
and
That part of Lot 2, Block 2, NAVAJO HILLS ADDITION,llennepin County, Minnesota, embraced within
the Southeast Quarter of the PConheast Quarter of Section 13, Township 118 North, Range 23, Wcst of the
5th Principal Meridian. (Abstract)
Ordinance No. 530 5
July 17, 2012
Exhibit B
Lot Standard Exhibit
Ordinance No. 530
July 17, 2012
6