HomeMy Public PortalAbout2011-022 Resolution Approving Preliminary Plat with Variance for The EnclaveMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2011-22
RESOLUTION APPROVING A PRELIMINARY PLAT WITH VARIANCE FOR A
SUBDIVISION TO BE KNOWN AS "THE ENCLAVE"
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, The Harriet V. Holasek Limited Partnership, a Minnesota limited partnership,
and Holasek Family Limited Partnership, a Minnesota limited partnership (collectively, the
"Owners"), own two parcels, one being unaddressed and the other being 3212 Hunter Drive,
which are legally described on Exhibit A, attached hereto (the "Property"); and
WHEREAS, U.S. Home Corporation (the "Applicant") has made an application for a
subdivision of the Property; and
WHEREAS, the Applicant and Owners (individually and collectively, the "Developer")
desire to subdivide and develop the Property into 40 R-1 single family parcels, 71 R-2 single
family parcels, and 41 R-3 townhome parcels; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 13,
2010 and October 12, 2010; and
WHEREAS, the City Council reviewed the proposed preliminary plat at the November
8, 2010, February 15, 2011 and March 1, 2011 meetings; and
WHEREAS, the City Council conditionally approved a Comprehensive Plan
Amendment associated with this preliminary plat on March 15, 2011, subject to certain terms
and conditions; and
WHEREAS, the Developer is proposing local roads in 50 foot wide right of ways instead
of the required width of 60 feet thus requiring a variance from the subdivision ordinance
requirements; and
WHEREAS, the City Council makes the following findings of fact for the variance
based on the requirements of the Subdivision Ordinance:
1. The Property includes wetlands and key woodland areas that the City Council
has a great interest in preserving, the location of which creates a hardship to meet
minimum density standards if the strict letter of the ordinance with regards to
right-of-way width were carried out.
Resolution No. 2011-22
April 5, 2011
2. The constraints created by the location of these key natural resources are not
common to other properties within the City.
3. The hardship has not been created by persons having an interest in the Property.
4. The granting of this variance will allow for the Developer to take greater
measures in preservation of these key environmental features while still meeting
Comprehensive Plan density requirements.
WHEREAS, the City Council has found that the preliminary plat is consistent with the
required findings of fact of the Subdivision Ordinance:
1. The proposed preliminary plat is consistent with the Comprehensive Plan, provided the
minor amendment of future land use within the Property is approved by the Metropolitan
Council and adopted by the City Council.
2. The subdivision is appropriate for the physical conditions on the site.
3. The proposed density is consistent with the Comprehensive Plan and the lots consistent
with requisite districts in the zoning ordinance.
4. The subdivision and proposed improvements will not causes environmental damage or
causes public health problems and will not conflict with public or private streets,
easements or right-of-way.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants preliminary plat approval subject to the following conditions to be fulfilled prior to
approval of the final plat:
1. Approval is contingent upon the Metropolitan Council approving and the City adopting
the proposed Comprehensive Plan Amendment.
2. Approval is contingent upon the rezoning of portions of the property to the R-1, R-2, R-3,
PS, and RR zoning districts.
3. Approval is contingent upon obtaining relevant wetland permit(s) related to the proposed
wetland impacts shown on the preliminary plat. If the conditions of the wetland permit(s)
require a change to the lot arrangements of the preliminary plat, this preliminary approval
shall be null and void.
4. The Developer shall enter into a development agreement satisfactory to the City which
describes the terms and conditions of this resolution and other relevant City approvals
and regulations in greater detail.
5. The Developer shall provide the City a letter of credit as required by City ordinances to
ensure completion of the proposed subdivision improvements.
6. The Developer shall install the improvements within the Property as shown on the plans
received by the City on March 16, 2011, except as modified herein.
7. The Developer shall be solely responsible for reimbursing the City for the cost of
installing utilities from Hamel Road to serve the Property at Elm Creek Drive and for the
reconstruction of Hunter Drive following such installation. The Developer shall provide
the City a letter of credit in an amount equal to 150% of the cost of this project to ensure
such reimbursement.
Resolution No. 2011-22 2
Apri15, 2011
8. The Developer shall enter into a petition and waiver with the City and shall be
responsible for fifty percent of the cost of reconstructing Hunter Drive from Elm Creek
Drive to Medina Road. These costs shall be assessed against the Property.
9. The Developer shall enter into a petition and waiver with the City and shall be
responsible for fifty percent of the cost of construction Navajo Road between Butternut
Drive and the eastern boundary of the Property if constructed by the City in the future.
10. The Developer shall transfer title of Outlot I to the City in order to account for the equal
net acreage which the future land use was changed to Low Density Residential.
11. A minimum of four of the townhomes shall be developed as affordable housing, subject
to procurement of financial assistance by the City.
12. The subdivision shall be subject to current City regulations related to lawn and
landscaping irrigation. Irrigations systems with the subdivision shall not be connected to
the City Water Supply System. The Developer shall be responsible to carry out an
extensive educational program to inform potential buyers of this regulation.
13. The Developer proposes to install lawn and landscaping which does not require irrigation
after it is established. The Developer shall prepare an irrigation system plan subject to
review and approval by the City Engineer, which could be installed in the future if it is
determined that lawn and landscaping irrigation is preferred. The irrigation system is not
required to be installed in its entirety during construction of the other subdivision
improvements, but the initial installation of certain components will be required by the
City.
14. Park dedication is not being collected for Outlots J and K at this time. These Outlots
shall be fully subject to park dedication requirements if subdivided in the future.
15. The Developer shall dedicate trail easements 20-feet in width in the following locations
as shown on the preliminary plat: a) to the northeast of the intersection of Pin Oak Road
and the eastern townhome driveway; and b) through Outlot H. The Developer shall pay
$582,576 cash -in -lieu of dedicating additional land to the City.
16. The construction plans for the various phases of the development shall address all
comments and requirements of the City Engineer, City Forester and Fire Marshal.
17. The Developer shall install vegetative upland buffers adjacent to wetland as well as
required signage consistent with the City wetland preservation ordinance. The
Developer shall record easements over the wetland buffers in a form satisfactory to the
City.
18. The Developer shall prepare a design for the discharge of house foundation draintiles
which will prevent discharge upon the lots within the subdivision. The draintiles shall
discharge to a public storm sewer system unless the Developer provides an alternative
detailed design in which individual draintiles can discharge without the potential of
impacting lots within the subdivision.
17. The Developer shall prepare Home Owner's Association documents describing
responsibilities towards all private open space, private parks, storm ponds, wetlands,
upland buffers, buffer yards, common open space, and landscaping areas, which shall be
Resolution No. 2011-22 3
Apri15, 2011
in a form acceptable to the City Attorney. Covenants restricting R-2 lots to single family
residential units shall also be provided.
18. The City Council hereby grants a limited waiver from the 10-foot setback requirement for
driveways from a side lot line. Driveways in the R-2 District shall be allowed a
minimum 5-foot setback from one side lot line, but shall be located a minimum of 10 feet
from the other side lot line.
19. All comments by the City Attorney related to title issues and recording procedures shall
be addressed.
20. The application for final plat shall 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.
21. The Developer shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the preliminary plat and other relevant documents, and for
preparing all documents described herein.
Dated: April 5, 2011.
By:
ATTEST:
By: '✓l "' .. 41,___
Chad Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Siitari
and upon vote being taken thereon, the following voted in favor thereof:
Crosby, Martinson, Pederson, Siitari, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2011-22 4
April 5, 2011
EXHIBIT A
Legal Description of the Property
DESCRIPTION OF SUBJECT PROPERTY
PARCEL 1
Lot 13, AUDITOR'S SUBDIVISION NO. 241, EXCEPT that part of Lot 13, AUDITOR'S SUBDIVISION NO. 241,
Hennepin County, Minnesota described as follows:
Beginning at the Southeast corner of Lot 14 of said AUDITOR'S SUBDIVISION NO. 241; thence south along the most
easterly line of said Lot 13 distant 2.3 feet; thence West parallel with the North line of said Lot 13 distant 656.35 feet;
thence North parallel with the west line of said Lot 14 distant 414.80 feet to the most northerly line of said Lot 13;
thence east along said northerly line 524.35 to the west line of said Lot 14; thence south along said west line 412.50 feet
to the southwest corner of said Lot 14; thence east along the south line of said Lot 14 to the point of begriming. And
ALSO EXCEPT that part of Lot 13, AUDITOR'S SUBDIVISION NO. 241, Hennepin County, Minnesota, described as
follows: Commencing at a point on the north line of Lot 13, distant 524.35 feet west from the point of intersection of
said north line with the west line of Lot 14 as measured along said north line; thence south parallel with the west line of
Lot 14, a distance of 328.18 feet; thence west parallel with the north line of Lot 13, a distance of 663.65 feet, more or
less, to a point on the west line of Lot 13; thence north along the west line of said Lot 13, a distance of 328.18 feet to the
northwest corner of Lot 13; thence east along the north line of Lot 13 to the point of beginning.
PARCEL 2
The West Half of the Northeast Quarter, Section 13, Township 118, Range 23, according to the Government Survey
thereof, Hennepin County, Minnesota.
Resolution No. 2011-22 5
Apri15, 2011