The URL can be used to link to this page

Home My Public Portal About2011-072 Resolution Approving Mixed Use Stage II Plan & Preliminary Plat for Fields of MedinaMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2011-72 RESOLUTION APPROVING A MIXED USE STAGE II PLAN AND PRELIMINARY PLAT FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS "FIELDS OF MEDINA" WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Emil Joseph Jubert Revocable Intervivos Trust dated December 5, 1989, and the Rita Adeline Jubert Revocable Intervivos Trust dated December 5, 1989 (collectively, the "Trusts") are the fee owners, each with an undivided one-half interest, of certain land in the City which is legally described on Exhibit A, attached hereto ("Parcel 1 "), and WHEREAS, Rolling Green Business Park, LLC, a Minnesota limited liability company ("Rolling Green"), is the owner of certain land in the City which is legally described on Exhibit A, attached hereto ("Parcel 2"); and WHEREAS, Parcel 1 and Parcel 2 are collectively referred herein to as the "Property"; and WHEREAS, the Property is guided for mixed use development in the City's Comprehensive Plan which is intended to integrate a mix of housing and commercial uses subject to certain limitations; and WHEREAS, City zoning regulations describe the process by which property which is guided for mixed use development shall develop, and such regulations require approval of a Stage I Plan establishing general layout, land uses, and densities; and WHEREAS, on May 17, 2011, the City granted approval of a Mixed Use Stage I Plan (the "Stage I Plan") for the Property; and WHEREAS, City zoning regulations allow development of portions of property which are guided for mixed use development and for which a Mixed Use Stage I Plan has been approved, but only if such development is consistent such Mixed Use Stage I Plan; and WHEREAS, Pemtom Land Company (the "Developer") has made an application for a subdivision of the Property and approval of a Mixed Use Stage II Plan for development of a portion of the Property; and WHEREAS, the Developer desires to subdivide and develop a portion of the Property into 65 single-family parcels and to dedicate a portion of the Property to the City for park purposes; and Resolution No. 2011-72 August 16, 2011 WHEREAS, the Trusts desire to retain ownership of a portion of the Property ("Outlot E") which is intended to be further subdivided and developed in the future, along with other adjacent land owned by Rolling Green, consistent with the Stage I Plan and Comprehensive Plan; and WHEREAS, on July 12, 2011, the Planning Commission held a duly noticed public hearing at which testimony was heard from all interested parties and following which the Commission recommended approval of the Stage II Plan and preliminary plat under certain terms and conditions; and WHEREAS, on August 3, 2011, the City Council reviewed the proposed Stage II Plan and preliminary plat for conformance with City regulations, considered the recommendation of the Planning Commission, and heard from interested parties; and WHEREAS, the City Council makes the following findings of fact for the Stage II Plan and preliminary plat based on the requirements of the Zoning and Subdivision Ordinances: 1. The proposed development of the single-family lots is consistent with the approved Stage I Plan, which, upon full development, will be consistent with the required density, land uses, goals, and objectives of the City's Comprehensive Plan. 2. The proposed single-family residential development complements development in surrounding neighborhoods, provides transition and buffering for future more intensive uses to the south, and provides appropriate pedestrian and bicycle connections. 3. The physical characteristics of the site are suitable for the proposed development of the subdivision. 4. The proposed preliminary plat is consistent with the Comprehensive Plan and the lots consistent with relevant district in the zoning ordinance. 5. The subdivision and proposed improvements will not cause environmental damage or cause public health problems and will not conflict with public or private streets, easements or rights -of -way. NOW, THEREFORE BE IT RESOLVED, by the city council of the City of Medina, Minnesota that the proposed Mixed Use Stage II Plan and preliminary plat are hereby approved subject to the following terms and conditions: (1) Approval of the preliminary plat shall be contingent upon the adoption of an ordinance rezoning the single-family property to the R2 zoning district. (2) The Developer shall enter into a development agreement satisfactory to the City, which shall include the conditions described below as well as other requirements of City ordinance or policy. Resolution No. 2011-72 2 August 16, 2011 (3) The Developer shall install all improvements shown on the plans received by the City on June 28, 2011. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. (4) The Developer shall provide a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the improvements identified in the approved plans. (5) Prior to final plat approval, the Developer shall provide detailed construction plans for review by the City Engineer. (6) The Developer shall transfer title, via warranty deed, of Outlot A to the City for park purposes and shall grade and seed the park as approved by City staff. Such dedication shall satisfy park dedication requirements for the entire Property for the development shown on the approved Stage I Plan. (7) (8) (9) No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. The Developer shall provide details of alternative measures prior to final plat approval. If the Developer proposes to drill a well in order to provide water for lawn irrigation, pumping records shall be provided to the City annually. The design of the landscaping island proposed in the entrance drive shall approved by the Public Works Superintendent. The design of the trail extending west from Jubert Trail and through the park shall be approved by City staff in order to provide secondary emergency vehicle access to the neighborhood. (10) One side of Jubert Trail shall be posted "No Parking" to allow adequate emergency vehicle circulation. (11) The Developer shall provide a design for the discharge of water from footing draintiles/sump pumps which prevents water from impacting neighboring properties and which is acceptable to the Public Works Superintendent. (12) All driveways shall be allowed to be set back a minimum of five feet from one of the side property lines, provided the driveway is set back a minimum of 10 feet from the other side property line and is consistent with width regulations. (13) All comments of the City Engineer dated July 6, 2011 shall be addressed, and construction plans shall be reviewed and approved by the City Engineer prior to construction. (14) All comments of the City Attorney shall be addressed, and the Developer shall abide by the City Attorney's recommendations related to title issues and recording procedures. Resolution No. 2011-72 3 August 16, 2011 (15) The Developer shall record Homeowner's Association (the "HOA") documents against all residential lots which shall be satisfactory to the City. This document shall describe responsibilities for maintenance of stormwater improvements, buffer yards, lawn irrigation systems and the landscape island in the entrance drive. The documents shall also include covenants limiting the use of the property to single-family residential units. (16) The biofiltration swale shall be designed in a way to be clearly delineated from the adjacent private yards and shall be maintained by the HOA. (17) The Developer shall obtain Wetland Replacement Plan approval prior to final plat approval. (18) The Developer shall obtain necessary approvals and permits from the Elm Creek Watershed, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Metropolitan Council, and other relevant agencies. (19) The application for final plat shall be submitted to the City within 180 days of preliminary approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Developer and approved by the City Council prior to such time. (20) 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, Stage II Plan, construction plans, and other relevant documents. Dated: August 16, 2011. ATTEST: By: By: !• T. M. Crosby, Jr , ayor Dougla r, Interim City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Pederson 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. 2011-72 4 August 16, 2011 EXHIBIT A Legal Description of Parcel 1 and Parcel 2 Parcel 1 The Northwest Quarter (NW'/) of the Northeast Quarter (NE'/) of Section Eleven (11), excepting therefrom the Right of Way of the Minneapolis St. Paul and Sault Ste. Marie Railway Company as the same is now constructed over and across said premises, and also except that part of the Northwest Quarter (NW'/) of the Northeast Quarter (NE 1/) of Section Eleven (11), Township One Hundred Eighteen (118), Range Twenty Three (23) conveyed to the City of Medina in Deeds filed of record on March 12, 1993 as Document Nos. 6050664 and 6050667 and described as that part of the Northwest Quarter (NW '/) of the Northeast Quarter (NE 1/) of Section Eleven (11), Township One Hundred Eighteen (118), Range Twenty Three (23) West lying Southwesterly of the Right of Way of the Minneapolis St. Paul and Sault Ste. Marie Railway Company as now located and established; Also The Southwest Quarter (SW'/a) of the Southeast Quarter (SE'/) of Section Two (2), All in Township One Hundred Eighteen (118), Range Twenty Three (23). Hennepin County, Minnesota Abstract Property Parcel 2 Outlot A, Rolling Green Business Center, Hennepin County, Minnesota Resolution No. 2011-72 5 August 16, 2011