HomeMy Public PortalAbout2000-045 Resolution Granting Preliminary Approval to the Plat of Elwell Farms101
Member Zietlow introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.00-45
RESOLUTION GRANTING PRELIMINARY APPROVAL TO
THE PLAT OF ELWELL FARMS
WHEREAS, the city of Medina (the "City") has received an application from Restoration
Development, LLC (the "Developer") regarding the platting of certain land in Medina located
generally north of Evergreen Road, west of CSAH 101 and south of Hackamore Road, which land
is legally described in Exhibit A attached hereto (the "Property"); and
WHEREAS, Hennepin County is the fee owner of the Property and the Developer has a
purchase agreement to purchase the Property from Hennepin County; and
WHEREAS, the preliminary plat of the Property submitted by the Developer was reviewed
by the planning commission on August 17, 2000 and, following a public hearing thereon as required
by law, the planning commission recommended approval of the preliminary plat, subject to certain
terms and conditions; and
WHEREAS, on September 5, 2000, the city council reviewed the preliminary plat for its
conformance with the ordinances of the City and the PUD Development Plan submitted by the
Developer to guide development of the Property, considered the recommendations of the planning
commission, and heard the comments of the Developer and other interested parties regarding the
matter.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina,
Minnesota that preliminary approval of the plat of Elwell Farms is hereby granted, conditioned
upon the adoption and publication of an ordinance rezoning the property of PUD1 and subject to the
following terms and conditions and the Developer making the following modifications:
RHB-186172v2
ME230-308
00-45
09-19-00
102
I. Natural drainage plan:
a. Provide the City with sump pump details meeting the City's specifications for each
unit.
b. Provide design details, showing drainage under streets and trails. Provide a utility
plan that details culvert sizes and locations.
c. Minimum grade of swales on private property shall be 2% in the front and sides and
11/2% in the rear of each lot. The maximum grade of swales shall not exceed 5%
down -gradient of the culvert discharge.
d. Show details on how concentrated flow from culverts will be dissipated prior to
discharge to buffers/filters, such as through incorporation of level spreaders or
equivalent features.
e. Show that the channel to which the pond in Drainage District 5C discharges is
capable of handling the post -development 100-yr. design discharge proposed
without causing an erosion problem. If it is not, provide a plan that the Developer
will implement to stabilize the channel to accommodate these flows.
f. In a manner acceptable to the City, provide for discharge of water from the existing
wetland in Drainage District 10. Specify a high water level for the wetland in this
district and extend the drainage and utility easement to include this area as
necessary.
g•
Prohibit the use of fertilizers containing phosphorous in all non-turf/native planting
areas. Prohibit use of phosphorous -containing fertilizers on maintained turf areas no
later than one year after seeding or sodding of these areas.
h. A minimum of 15% of the area at normal water level in Drainage Districts 3, 5A, 10,
13, 17 and 18 shall be excavated to depths of 4 feet or greater with side slopes no
steeper than 4:1.
2. Trail plan — Make the changes as shown on the development map attached hereto as Exhibit
B, which changes include the following:
a. Major trails — The major trails need to be paved and separated from the paved roads.
The separation should include a landscaped area or an open space measuring
at least 8 feet in width or an alternate barrier acceptable to the City.
b. Trail on the north side of Evergreen — The revised plan must show a trail on the
north side of Evergreen from CSAH 101 to the subdivision entrance and an
easement from the subdivision entrance west to the west property line along the
north side of Evergreen. All trails must be dedicated to the City by easement.
RHB-186172v2
ME230-308
00-45
09-19-00
103
c. East side trail — A trail must be developed from CSAH 101 to the east side of the
Property.
3. Streets
a. CSAH 101 Alignment — The Development Plan must be modified to accommodate
any change in alignment of CSAH 101.
b. CSAH 101 and Hackamore — Provide additional right of way and a radius to
accommodate a right turn lane if the City determines that sufficient right of way has
not been provided in the preliminary plat.
4. Replacement of preserved woods — To ensure reforestation is achieved, on site coordination
between the Developer and a City staff member is needed.
5. Water main — Valves and hydrants for flushing purposes need to be added at locations
coordinated with the City staff.
6. Creek — Add additional understory vegetation due to the extensive clearing of invader
species and the importance of this feature as a development buffer. On site coordination
with a City staff member is needed.
7. Subdivision responsibilities
a. infrastructure — The Developer must install all infrastructure improvements within
the subdivision, including street, water, sanitary sewers, lift stations, trails, drainage,
street lighting, street signs, and monuments.
b. play yards — The Developer must install all such improvements and the
homeowners' association (the "HOA") will be responsible for upkeep and
maintenance. These spaces will not count as a park dedication.
c. cul-de-sac islands — The Developer must install these improvements and the HOA
must be responsible for upkeep and maintenance.
d. natural drainage and storm water treatment train — The Developer must install all
such improvements and the HOA must be responsible for upkeep and maintenance.
e. ecological restoration and enhancement - The Developer must install all such
improvements and the HOA must be responsible for upkeep and maintenance.
f. entrance monuments - The Developer must install all such improvements and the
HOA must be responsible for upkeep and maintenance.
g• water irrigation — Water irrigation systems will be allowed only with manual
controls.
RHB-186172v2
ME230-308
00-45
09-19-00
104
8. Water quality notification — The Developer must deliver to each prospective buyer a
disclosure statement in a form acceptable to the City regarding the quality of the City water
available in the development.
9. Road — final lift — In coordination with the City, the final lift of the roads shall be
constructed only after all or a preagreed number of houses on the road segment are
complete.
10. Erosion control — The Developer must implement the following erosion control measures:
a. driveway — Install rock before basement is excavated.
b. trucks — Fence yards to prohibit trucks and to avert compacting the soil.
c. fencing — Use silt fencing that meets current regulations.
d. plan — Provide a detailed plan for each lot.
11. Overall grading — certification — Upon completing of the overall grading for each phase, the
Developer must cause the area graded to be surveyed and certified for compliance with the
approved grading plan.
12. Lot Surveys — A detailed survey showing structures, driveways, easements, patio and other
hard surfaces, grading, topography, and lowest floor elevation, must be submitted with the
request for a building permit. This survey must demonstrate conformance with the overall
grading plan.
13. Top soil — Grading and related operations on the lots must provide reasonable protection of
the top soil to minimize/prevent compaction.
14. As built lot survey — Upon completion of construction as each lot and prior to issuance of a
certificate of occupancy, the sump pump must be inspected and the lot must be resurveyed
for compliance with the approved grading and drainage plan, utilities, and easements on the
site.
15. Private utilities — Joint bury private utilities in one common trench within the lots.
16. Reforestation protection — Provide the City with evidence that reforested areas are protected,
including establishing easements over subdivisions.
17. Historic preservation — Take appropriate action to preserve the old silo ruins that will allow
for education and enjoyment tied to the early use of the land.
18. Staff ecologist — Have the staff ecologist meet with city staff on a periodic (e.g. quarterly)
basis.
19. Conservation easement— The open space on the Property must be protected through a
conservation easement in a form and involving a grantee acceptable to the City.
RHB-186172v2 00-45
ME230-308 09-19-00
105
20. Woodlands preservation easement — The restored woodlands on the individual lots must be
protected through an easement or other method acceptable to the City.
21. Title evidence — The Developer must provide adequate title evidence for review by the city
attorney.
22. Administrative fee — The Developer must pay an administrative fee to the City in an amount
sufficient to reimburse the City for the costs of reviewing the PUD Development Plan and
preliminary plat of the Property.
23. Final plat — The Developer must submit the final plat for the first phase of the Property for
review by the City within 180 days of the date of this resolution.
24. Watershed approval — The preliminary plat is subject to approval by the Elm Creek
watershed district, the Minnesota department of natural resources and any other public
agency having jurisdiction.
25. Payment in lieu of park dedication - The Developer must make a payment to the City in lieu
of dedicating park land in the plat. The payment must be in compliance with section 820.31
of the City's code of ordinances, payable at final plat approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the city council of the city of
Medina, Minnesota, that the Developer be permitted to develop the Property with 150 detached
single family homes in accordance with the PUD Development Plan and preliminary plat. The
Developer may stage development as deemed appropriate by the Developer. The Developer shall
be entitled to 150 sewer connections for the Property, which connections may be utilized no more
rapidly than in accordance with the following schedule:
Year Number of Sewer Connections
2001 50
2002 50
2003 50
A sewer connection shall be deemed to be utilized when a building permit is issued for a home.
Dated: September 19, 2000.
RHB-186172v2
ME230-308
00-45
09-19-00
106
John B. Ferris, Mayor
Paul Robinson, Administrator -Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Smith and
upon vote being taken thereon, the following voted in favor thereof:
Ferris, Lane, Smith, and Zietlow
and the following voted against same: None Absent: Johnson
Whereupon said resolution was declared duly passed and adopted.
RHB-186172v2
ME230-308
00-45
09-19-00
106a
Exhibit A
Legal Description "Elwell Farms" Preliminary Plat
The South 1/2 of the Southeast Quarter of Section 1, Township
118, Range 23.
Lot 23, Auditor's Subdivision Number 241, Hennepin County,
Minnesota, according to the plat thereof on file or of record in the
office of the Register of Titles in and for said County.
The Northeast Quarter of Section 1, Township 118 North, Range
23 West
The North Half of the Southeast Quarter of Section 1, Township
118 North, Range 23 West
RHB-186172v2
ME230-308
00-45
09-19-00