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HomeMy Public PortalAbout2022-15 Resolution Granting Preliminary Plat and PUD General Plan Approval for Marsh Pointe PreserveResolution No. 2022-15 March 1, 2022 ME230-755-782023.v2 Member Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-15 RESOLUTION GRANTING PRELIMINARY PLAT AND PUD GENERAL PLAN APPROVAL FOR MARSH POINTE PRESERVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, BPS Properties, LLC (the “Applicant”) owns property at 4250-4292 Arrowhead Drive (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicant has requested approval of a planned unit development general plan and preliminary plat to subdivide and develop the Property into 30 detached single-family lots; and WHEREAS, the preliminary plat is tentatively proposed to be called Marsh Pointe Preserve; and WHEREAS, on January 11, 2022, the Planning Commission held a duly noticed public hearing, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the general plan and preliminary plat; and WHEREAS, on February 2, 2022, the City Council reviewed the proposed general plan and preliminary plat, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, regarding the purpose of the Planned Unit Development regulations, the City Council finds that the proposed Planned Unit Development: a. supports higher standards of site and building design and development of single-story villa homes; b. effectuates the objectives of the Comprehensive Plan; and c. results in a more desirable environment than might be possible through strict application of zoning and subdivision regulations; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding 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; Resolution No. 2022-15 2 March 1, 2022 ME230-755-782023.v2 c. The site is physically suitable for the proposed density of development and meets minimum lot size standards; d. The proposed subdivision is not likely to cause substantial environmental damage; e. The proposed subdivision is not likely to be injurious to public health; and f. 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 approval of the PUD general plan and preliminary plat approval for Marsh Pointe Preserve, subject to the following terms and conditions: 1) The approvals hereby granted are contingent upon approval of a Wetland Replacement Plan, approval of which must be obtained prior to action on the final plat. 2) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements of city ordinance or policy. 3) The Applicant shall install all improvements shown on the plans dated December 15, 2021 except as may be modified herein. Final plans shall be provided at the time of final plat and shall address the comments of the City Engineer, Fire Marshal, Elm Creek Watershed District, other relevant staff and agencies and the conditions noted herein. The plans shall be subject to review and approval by the City Engineer. 4) The plat shall provide drainage and utility easements over all stormwater improvements, wetlands, and drainageways and along the perimeter of lots as recommended by the City Engineer. 5) The Applicant shall meet the requirements of the wetland protection ordinance, including provision of easements, planting of vegetation and installation of signage. 6) Homes constructed within the PUD shall be consistent with the architectural requirements approved by the City Council at the time of final plat approval and as described in Ordinance 683. 7) The Applicant shall update the plat to dedicate Outlot D of the preliminary plat, located at the southeast corner of Arrowhead Drive and “Street A,” as right-of-way. Landscaping may be allowed within this area if approved by City staff, but may be removed at any time if deemed necessary by the City. 8) The Applicant shall construct a turn lane on Arrowhead Drive at the proposed intersection with “Street A” recommended by the City Engineer. 9) The Applicant shall update the street alignment as recommended by the City Engineer, including removing sudden curves of “Street A” approaching Arrowhead Drive and providing a wider a boulevard between the street and trail. 10) The Applicant shall grant trail easements as recommended by City staff for the trails shown on the plan. The Applicant shall pay a park dedication fee of $141,400 in lieu of additional land dedication. 11) The Applicant has represented to the City that it has agreements with the owners of parcels to the north of the Property related to the removal of dead trees and invasive species and installation of new landscaping that it has access to those parcels to perform the required work. The Applicant shall update the landscaping plans to incorporate the work required by these agreements. Resolution No. 2022-15 3 March 1, 2022 ME230-755-782023.v2 12) The Applicant shall update landscaping plans to identify proposed landscaping on adjust the location of plantings so that vegetation will not interfere with the trail when mature. 13) The Applicant shall update grading in the rear of Block 2 so that drainage does not impact the trail. 14) The Applicant shall submit information to verify that the average 50-foot buffer is provided around the wetlands. 15) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements to ensure completion. 16) The Applicant shall execute and record a Stormwater Maintenance Agreement in a form and of substance acceptable to the City Attorney to describe the responsibility of the property owners to maintain the private stormwater improvements. 17) The property shall be subject to the City’s lawn and landscaping irrigation regulations. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. The Applicant shall address comments of the City Engineer and Public Works Director related to the design and installation of the irrigation system. 18) The Applicant shall obtain all permits required by Elm Creek Watershed District, the Minnesota Department of Health, the Minnesota Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 19) The Applicant shall provide title evidence prior to or at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 20) The final plat shall accommodate to the satisfaction of the City the 3 foot wide strip of property currently owned by the City adjacent to the Property. 21) The Applicant shall dedicate on the final plat or otherwise provide an easement to the City to accommodate the future Diamond Lake Trail extension across the wetland south and east of Block 5. The easement shall provide flexibility for its location across the wetland area. 22) The final plat application shall be filed within 180 days of the date of this resolution or the approval hereby granted shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 23) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Dated: March 1, 2022. By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk Resolution No. 2022-15 4 March 1, 2022 ME230-755-782023.v2 The motion for the adoption of the foregoing resolution was duly seconded by member Albers and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin, Reid And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022-15 5 March 1, 2022 ME230-755-782023.v2 EXHIBIT A Legal Description of the Property The North 467 feet of the East 467 feet of the West 1122 feet (68 rods) of the Southwest 1/4 of Section 2, Township 118 North, Range 23 West of the Fifth Principal Meridian, Hennepin County, Minnesota (Abstract) And Lot 1, Block 1,and Outlot B, Arrowhead Estates, according to the record thereof, Hennepin County, Minnesota (Abstract) And Par 1: That part of Government Lot 4, Section 2, Township 118, Range 23, Hennepin County, Minnesota, including the accretions thereto, lying and being northwest of the centerline of Hennepin County Ditch No. 26 and the Northeasterly extension thereof and Northeast of the following described line: Commencing at a point on the east line of Government Lot 4, Section 2, Township 118, Range 23, 400 feet North of the Southeast corner of said Government Lot 4; thence West on a line parallel to the South line of said Government Lot 4 a distance of 1000 feet to a point; thence Northwest to the Northwest corner of said Government Lot 4, and there ending. Said Government Lot 4, including accretions thereto, being described as follows, to-wit; Government Lot 4, including the accretions to Government Lot 4, Section 2, Township 118, Range 23, all described as commencing at the North Quarter corner of said Section 2; thence on an assumed bearing of South 0 degrees 24 minutes 35 seconds West, along the North and South centerline of said Section 2 a distance of 608.56 feet; thence South 6 degrees 47 minutes 43 seconds West, a distance of 817.18 feet; thence South 36 degrees 53 minutes East, a distance of 1040.00 feet to the actual point of beginning; thence North 36 degrees 53 minutes west, a distance of 500.00 feet; thence South 46 degrees 38 minutes 24 seconds West to the North line of said Government Lot 4; thence Westerly along said North line to the Northwest corner of said Government Lot 4; thence Southerly along the West line of said Government Lot 4 to the Southwest corner of said Government Lot 4; thence easterly along the South line of said Government Lot 4 to the Southeast corner of said Government Lot 4; thence Northerly along the North and South centerline of said Section 2, a distance of 1006.25 feet, more or less, to an intersection with a line bearing South 35 degrees 18 minutes 24 seconds West from the actual point of beginning; thence North 35 degrees 18 minutes 24 seconds East, 942.56 feet, more or less to the actual point of beginning. Par 2: The North 66 feet of the East 196.71 feet of the Northwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota. Par 3: The North 66 feet of the following described part of Government Lot 4 as measured at right angles to and drawn parallel with the North line of said Government Lot 4; That part of Government Lot 4, Section 2, Township 118, Range 23, lying and being West of the following described line: Commencing at the Southwest corner of Government Lot 4, Section 2, Township 118, Range 23; thence Northeast to a point 1000 feet West on a line drawn parallel to the South line of said Government Lot 4 from a point on the East line of said Government Lot 4, 400 feet North of the southeast corner of said Government Lot 4; thence Northwest to the Northwest corner of said Government Lot 4 and there ending. (Torrens Property) (Torrens Certificate No. 1361928) And Par 1: The East 196.71 feet of the Northwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, except therefrom the North 66 feet thereof. Par 2: That part of Government Lot 4, Section 2, Township 118, Range 23, lying and being West of the following described line: Commencing at the Southwest corner of Government Lot 4, Section 2, Township 118, Range 23; Resolution No. 2022-15 6 March 1, 2022 ME230-755-782023.v2 thence Northeast to a point 1000 feet West on a line drawn parallel to the South line of said Government Lot 4 from a point on the East line of said Government Lot 4, 400 feet North of the Southeast corner of said Government Lot 4; thence Northwest to the Northwest corner of said Government Lot 4 and there ending, except therefrom the North 66 feet thereof, according to the Government Survey thereof. (Torrens Property) (Torrens Certificate No. 1072649) And That part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota, lying east of the West 1122.00 feet thereof and west of the East 196.71 feet thereof. (Abstract)