HomeMy Public PortalAbout2012-36 Resolution Approving Preliminary Plat for Enclave at Brockton SubdivisionMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2012-36
RESOLUTION APPROVING A PRELIMINARY PLAT FOR
THE ENCLAVE AT BROCKTON SUBDIVISION
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Marvin K. Herwig and Judy A. Herwig, husband and wife, are the owners of
land identified by Hennepin County Property Identification 13-118-23-11-0006, which is legally
described in Exhibit A, attached hereto; and
WHEREAS, Eero K. Mattson and Nadejda Piatnitskikh-Mattson, husband and wife, are the
owners of land located at 4425 Brockton Lane, which is legally described in Exhibit A, attached
hereto; and
WHEREAS, Alan C. Johnson and Mary A. Johnson, husband and wife, are the owners of
land located at 4245 Brockton Lane, which is legally described in Exhibit A, attached hereto; and
WHEREAS, David H. Leuer and Linda L. Leuer, husband and wife, are the owners of land
located at 4225 Brockton Lane, which is legally described in Exhibit A, attached hereto; and
WHEREAS, Scott N. Oare and Robbin R. Oare, husband and wife, are the owners of land
located at 150 Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, John G. Zahhos is the owner of land located at 100 Navajo Road East, which
is legally described in Exhibit A, attached hereto; and
WHEREAS, Patrick L. Etzel and Patricia M. Etzel, husband and wife, are the owners of
land located at 50 Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, Clara E. Ecktenkamp, a married person, is the owner of land located at 75
Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, James P. Jurmu and Barbara L. Jurmu, husband and wife, are the owners of
land located at 25 Navajo Road East, which is legally described in Exhibit A, attached hereto; and
WHEREAS, the owners listed above are individually and collectively referred to herein as
the "Owners;" and
WHEREAS, the property described in Exhibit A is collectively referred to herein as the
"Property;" and
Resolution No. 2012-36
July 17, 2012
WHEREAS, U.S. Home Corporation (the "Applicant") has the option to purchase the
Property and has requested preliminary plat approval to subdivide and develop the Property into
95 single-family homes and 23 detached townhomes; and
WHEREAS, the Medina planning commission held a duly noticed Public Hearing on the
proposed preliminary plat on June 12, 2012 where testimony was heard from the Applicant,
Owners, city staff, and other interested parties; and
WHEREAS, the planning commission recommended preliminary approval of the plat,
subject to certain terms and conditions; and
WHEREAS, on July 3, 2012, the Medina city council reviewed the recommendation of the
planning commission and heard from the Applicant, city staff, and other interested parties; and
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.
2. The subdivision is appropriate for the physical conditions on the site.
3. The proposed density is consistent with the Comprehensive Plan and, provided the property
is rezoned to the Planned Unit Development (PUD) zoning district, the lots are consistent
with requirements of the PUD.
4. 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
right-of-way.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants preliminary approval of the plat of The Enclave at Brockton, subject to the following
terms and conditions:
1) Approval of this preliminary plat shall be contingent upon the adoption of an ordinance
rezoning the Property to Planned Unit Development (PUD).
2) Approval of this preliminary plat shall be contingent upon approval and recording of the
plat of The Enclave of Medina 2nd Addition in order to provide utility and street
connection.
3) The Applicant shall enter into a development agreement satisfactory to the City which shall
include the requirements described below as well as other relevant requirements of City
ordinance or policy.
4) The Applicant shall construct all street, utility, stormwater, trail, sidewalk, grading, and
landscaping improvements shown on the plans received by the City on May 31, 2012 and
any additional improvements required herein. The design of all improvements shall be
reviewed and approved by the City Engineer prior to commencing construction.
5) The Applicant shall provide a letter of credit prior to any site construction in an amount
recommended by the City Engineer to ensure completion of the required improvements.
6) The Applicant shall grant trail easements to the City under the trails shown on the plans,
except that no trail easement shall be required for the trail in the northwest portion of the
Resolution No. 2012-36 2
July 17, 2012
Property leading to the conservation area. The Applicant shall pay to the City $412,269.83
in lieu of dedicating additional land for parks and trails purposes.
7) The open space areas shall be expanded in the following locations: east of Lot 4, Block 11;
north of Lot 1, Block 6; east of Lots 1-2, Block 6; north of Lot 9, Block 4; west of Lots 8-9,
Block 4; north of Lot 9, Block 5; east of Lots 6-9, Block 5; east of Lot 10, Block 6; west of
Lots 1-2, Block 4; east of Lot 1, Block 5; and west of Lot 17, Block 5.
8) The Applicant shall construct turn -lane improvements to Brockton Lane as recommended
by the City Engineer, and shall dedicate 50-feet of right-of-way for Brockton Lane within
225 feet of intersections and 33-feet of right-of-way for the remaining length of Brockton.
9) The Applicant shall be responsible to reimburse the City for the cost of repairing City
streets if they are damaged as a result of hauling materials to the Property during
development.
10) Plans shall be updated to improve screening and bufferyards of the southern lots, which
may include berming, fencing, larger plantings, or a combination of the above as approved
by City staff.
11) The Applicant shall deed fee ownership of property to the City sufficient for a municipal
well as recommended by the City Engineer.
12) The Applicant shall provide formal documentation from FEMA or the otherwise relevant
agency to confirm the 1000.3 floodplain elevation in order to confirm that no floodplain
impacts will occur.
13) Prior to final plat approval, the Applicant shall provide detailed construction plans for
review and approval by the City Engineer.
14) Prior to final plat approval, the tree replacement plan shall be updated to identify 6,367
inches of replacement trees. The Applicant shall reduce the density of replacement trees by
planting some of the trees on alternative sites as recommended by the City arborist.
15) No lawn or landscape irrigation systems shall be permitted to be connected to the City
water system. The Applicant shall provide details of alternative irrigation measures prior
to final plat approval.
16) One side of streets shall be posted "No Parking" to allow adequate emergency vehicle
circulation.
17) The design of the system for the discharge of sump pump water shall be approved by the
Public Works Superintendent.
18) A minimum of seven detached townhomes shall be platted and constructed during the
second addition of the plat prior to approval of a third addition.
19) 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.
20) All comments of the City Engineer dated May 21, 2012 shall be addressed, and
construction plans shall be reviewed and approved by the City Engineer prior to
construction.
21) All comments of the City Attorney shall be addressed, and the applicant shall abide by the
City Attorney's recommendations related to title issues and recording procedures.
22) The Applicant shall obtain Wetland Replacement Plan approval prior to final plat approval.
23) The Applicant 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, upland buffers,
Resolution No. 2012-36 3
July 17, 2012
lawn irrigation systems. The documents shall also include covenants limiting the use of the
property in the low -density residential land use to single-family residential units.
24) The Applicant shall obtain necessary approvals and permits from the Elm Creek
Watershed, Minnesota Pollution Control Agency, Metropolitan Council, Minnesota
Department of Health and other relevant agencies.
25) 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 Applicant and approved by the City Council prior to such
time. Such application for final plat shall include all of the property included within the
approved preliminary plat.
26) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the preliminary plat, general plan of development, construction plans,
development agreements, and other relevant documents.
Dated: July 17, 2012.
T. M. Crosby, Jr., Mayor
ATTEST:
1244.
Scott T. Johnson, 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, Pederson, Siitari, Weir
And the following voted against same: (Absent: Martinson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2012-36 4
July 17, 2012
Exhibit - A
Legal Description of the Property
Hennepin County Property Identification 13-118-23-11-0006
The West Half of the North 345 feet of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 118, Range 23, Hennepin County, Minnesota.
4425 Brockton Lane
The East Half of the North 345 feet of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 118, Range 23, Hennepin County, Minnesota.
4245 Brockton Lane
The North 172.50 feet of the South 345 feet of the North 690 feet of the Northeast Quarter of the Northeast
Quarter of Section 13, Township 118, Range 23, Hennepin County, Minnesota.
4225 Brockton Lane
The South 172.50 feet of the North 690 feet of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 118, Range 23, Hennepin County, Minnesota
150 Navajo Road East
Lot 1, Block 1, NAVAJO HILLS ADDITION, Hennepin Cotmty, Minnesota
100 Navajo Road East
Lot 2, Block 1, NAVAJO HILLS ADDITION, Hcrmepin Cotmty, Minnesota
50 Navajo Road East
The South 382.00 feet of the North 1072.00 feet of the East 607.00 feet of the Northeast Quarter of Section
13, Township 118, Range 23, lfennepin County, Minnesota.
75 Navajo Road East
Lot 1, Block 2, NAVAJO HILLS ADDITION, Hennepin County, Minnesota.
25 Navajo Road East
That part of Lot 2, Block 2, NAVAJO HILLS ADDITION, Hennepin County, Minnesota. embraced within
the Northeast Quarter of the Northeast Quarter of Section 13, Township 118, Range 23, according to the plat
thereof on file or of record in the office of the Registrar of Titles in and for said County. (Torrents)
and
'l'hat part of Lot 2, Block 2, NAVAJO H ILLS ADDITION, Hennepin County, Minnesota, embraced within
the Southeast Quarter of the Northeast Quarter of Section 13, Township 118 North, Range 23, West of the
5th Principal Meridian. (Abstract)
Resolution No. 2012-36 5
July 17, 2012