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Home My Public Portal About2011-042 Resolution Approving a Final Plat for The Enclave at MedinaMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2011-42 RESOLUTION APPROVING A FINAL PLAT FOR THE ENCLAVE AT MEDINA 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 final plat of the Property; and WHEREAS, the Applicant and Owners (individually and collectively, the "Developer") was granted approval for a preliminary plat known as "The Enclave" by the City on April 5, 2011 to allow for future platting of the property into 40 R-1 single family parcels, 71 R-2 single family parcels, and 41 R-3 multi -family townhome parcels; and WHEREAS, the preliminary plat was approved with a variance to the minimum required right-of-way width allowing for 50 foot wide right-of-ways as demonstrated in this final plat; and WHEREAS, the preliminary plat is proposed to be developed in four phases; and WHEREAS, the applicant submitted an application for a final plat of the first phase referred to as "The Enclave at Medina"; and WHEREAS, the City Council reviewed the final plat at the May 17, 2011 meeting; and WHEREAS, upon review of the final plat the Council finds that the plat is substantially consistent with the approved preliminary plat and the requirements of the City's subdivision regulations. NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota that final approval is hereby granted for the plat of The Enclave at Medina, subject to the following terms and conditions: 1. The Developer shall enter into the development agreement as drafted by the City Attorney. Resolution No. 2011-42 May 17, 2011 2. The Applicant shall provide a detail of the footing drain specifications subject to review and approval by the City Engineer and Public Works Director. 3. The Applicant shall address the comments of the City Engineer in the letter dated May 6, 2011. 4. Final home owner association documents shall be reviewed and approved by the City Attorney. The documents shall address zoning, all required maintenance, private open space, storm ponds, wetlands, upland buffers, buffer yards, landscaping, common open space, irrigation, point of sale requirements. 5. The Applicant 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 Phase 1 improvements within the Property as shown on the plans received by the City on April 28, 2011, except as modified herein. 7. The Applicant 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 Applicant shall provide the City a letter of credit in an amount equal to 150% of the cost of this project to ensure such reimbursement. 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 at the time stated in the development agreement. 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 Applicant shall be responsible to carry out an extensive educational program to inform potential buyers of this regulation. 13. The Applicant proposes to install lawn and landscaping which does not require irrigation after it is established. The Applicant 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. Resolution No. 2011-42 2 May 17, 2011 �I 14. Park dedication is not being collected for Outlots L and M 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 City Council hereby grants a limited waiver from the 10-foot setback requirement for driveways from a side lot line within this plat. 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 followed. 20. This final plat shall be recorded within 60 days of the date of this resolution or this approval shall be considered void, unless a written request for a time extension is submitted by the applicant within said 60 days and approved by the City Council for good cause. 21. All fees incurred by the City regarding the processing and review of this application shall be paid by the Applicant. Dated May 17, 2011. By. Attest: By: Chad M. Adams, City Administrator -Clerk Resolution No. 2011-42 3 May 17, 2011 T. M. Crosby, Jr. yor 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 And the following voted against same: (Absent: Weir) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2011-42 4 May 17, 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 comer 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 beginning. And ALSO EXCEPT that part of Lot 13, AUDI'I'OR'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 comer 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. 2011-42 5 May 17, 2011