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HomeMy Public PortalAbout2005-008 Resolution Granting Preliminary Plat & Variance for Robert Bradley 3000 Hamel Rdr Member Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2005-08 RESOLUTION GRANTING PRELIMINARY PLAT AND VARIANCE APPROVAL FOR ROBERT H. BRADLEY FOR PROPERTY LOCATED AT 3000 HAMEL ROAD WHEREAS, Robert H. Bradley has requested approval of a preliminary plat to allow construction of 9 single-family homes on a 212-acre property which is legally described on Exhibit A attached hereto; and WHEREAS, Robert H. Bradley has requested approval of a variance from the Subdivision Regulations to allow a 4,400-foot cul-de-sac; and WHEREAS, the preliminary plat of the Subject Property and variance were reviewed by the Planning Commission at its meeting on October 12, 2004 and, following a public hearing thereon as required by law, the Planning Commission recommended approval thereof, subject to certain terms and conditions; and WHEREAS, the City Council on November 3, 2004, February 1, 2005 and February 15, 2005, reviewed the preliminary plat and variance for its conformance with the City's ordinances, considered the recommendations of the Planning Commission and heard comments from the Applicant and other interested parties; and WHEREAS, the City Council finds that the physical elements of the site limit the landowner's ability to locate the roadway in any other fashion and dictates the cul-de-sac length and variance requirement; and WHEREAS, the City Council finds that the topographical conditions are unique to this site; and WHEREAS, the City Council finds that the variation would not be detrimental to the public welfare; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina, Minnesota that preliminary plat and variance approval be granted to the Applicant for the Robert H. Bradley preliminary plat, subject to the following terms and conditions: 1. A preliminary plat is approved to allow the creation of 9 single-family lots in accordance with the plans and application received by the City on January 25, 2005, except as amended by this resolution. Resolution No. 2005-08 February 15, 2005 2. A variance from the subdivision regulations is approved to allow a 4, 400-foot length cul-de-sac. 3. The development is subject to the Rural Residential district standards; no other variances are granted or implied from the Zoning Ordinance Standards. 4. Prior to final plat application, the applicant must revise the plans to comply with the following conditions: a. The plat must be revised to eliminate all of the contour information, all of the soils information, as well as the septic sites, trail location and house locations. b. The plat shall be revised to only indicate the lot lines, drainage and utility easements and right-of-way. c. The location of the shoreland boundary must be identified on the plans. d. The plans must be revised to meet the shoreland district requirements. e. The location of the permanent RIM easement shall be identified on the plans. f. The plans must be revised to identify drainage and utility easements over the wetlands, ponding areas and drainage ways. g. An additional 17 feet of right-of-way, for a total of 50 feet, from and along the centerline of CSAH 115 shall be provided and shown on the final plat. h. The applicant must revise the plat to show the cul-de-sac within an outlot. i. The plans must be revised to identify the twenty -foot easement around the small wetland located on Lot 3. j. The plans must be revised to identify the twenty-five foot buffer around wetlands and environmentally significant areas, except for those areas identified by the Hennepin County Conservation Department that shall have a 100-foot buffer. 5. Prior to release of the final plat for filing, the applicant must comply with the following conditions: a. The applicant must obtain all necessary permits from Pioneer -Sarah Creek Watershed District and the wetland LGU. b. No wetland impact or buffer impact is allowed. c. The Loretto Fire Chief shall approve of the plat as submitted or the plat must be revised. d. Park dedication fees must be paid in full, $8,000 per unit, $72,000 total. e. The developer shall enter into a private road agreement with the City. f. The developer must submit title evidence satisfactory to the City Attorney. Resolution No. 2005-08 February 15, 2005 2 g. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat, variance and related documents. 6. Prior to issuance of building permits, the applicant must comply with the following conditions: a. The applicant must comply with all City, County and State requirements for septic and well installation. Copies of such permits shall be provided to the City. b. The Building Inspector must approve the soil percolation tests and septic system designs prior issuance of building permits. Septic sites must be staked prior to beginning any construction on site. c. The Building Inspector must inspect the existing septic system to ensure compliance with Rule 7080 and City standards. d. The developer must notify buyers in writing of the horse trail location. e. The developer must notify buyers of Lot 6 and Lot 7 of the road easement with the adjoining property owners to the east. While two 60-foot easements exist, the City requires use of the existing 60-foot right-of-way access to Hamel Road. f. The developer shall reach agreement with the existing users of the shared road easement to Lot 6 and Lot 7 and provide to the City a maintenance agreement in a form that is satisfactory to the existing owners and the City. g. The building plans must include grading, drainage and erosion control plans with each building plan submitted. 7. The applicant shall comply with all conditions from the City Engineer's memo dated September 29, 2004. 8. The landowners must comply with the Wetland Conservation Act. 9. Best Management Practices (BMPs) for erosion control shall be employed. 10. The application for final plat must be submitted to the City within 180 days of preliminary plat approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 11. The applicant shall provide to the City a digital copy of the legal description. Dated: February 15, 2005 Bruce D. Workman, Mayor Attest: Resolution No. 2005-08 February 15, 2005 3 A.w %z.,t__, Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Weir upon vote being taken thereon, the following voted in favor thereof: Brinkman, Weir, Workman, Cavanaugh, Smith And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2005-08 February 15, 2005 4 EXHIBIT A The West half of the Southwest quarter; The West half of the East half of the Southwest quarter; The Southeast quarter of the Northwest quarter and the East quarter of the Southwest quarter of the Northwest quarter; Also, the North 1105 feet of the East quarter of the Southwest quarter and that part of said East quarter lying South of said North 1105 feet and lying Westerly of the following described line: Beginning at the Southwest comer of said East quarter of the Southwest quarter; thence Northerly along the West line of said East Quarter of the Southwest quarter a distance of 440 feet; thence deflecting right 21 degrees a distance of 400 feet; thence Northwesterly to a point in the South line of the North 1105 feet of said East quarter of the Southwest quarter distant 550 feet Westerly of the Southeast comer of said North 1105 feet of the East quarter of the Southwest quarter, and said line there ending. Also, that part of the West half of the West half of the Southeast quarter lying North of a line described as follows: Commencing at the Southwest comer of said West half of the West half of the Southeast quarter; thence North along the West line of said West half of the West half of the Southeast quarter a distance of 1162 feet to the point of beginning of the line being described; thence deflecting right 89 degrees, 10 minutes to the East line of said West half of the West half of the Southeast quarter, and there ending, All in Section 9, Township 118 North, Range 23 West of the 5th Principle Meridian Resolution No. 2005-08 February 15, 2005 5