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HomeMy Public PortalAbout2012-72 Resolution Granting Final Plat Approval for The Enclave at BrocktonMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2012-72 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE ENCLAVE AT BROCKTON WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, U.S. Home Corporation, a Delaware corporation (the "Developer"), owns three parcels of land within the city of Medina which are legally described on Exhibit A, attached hereto (the "Property"); and WHEREAS, on July 17, 2012, the City adopted resolution 2012-36, which granted preliminary approval for a plat to be known as "The Enclave at Brockton," which proposed the development of the Property and certain surrounding lands into 95 single family parcels and 23 detached townhome parcels; and WHEREAS, on July 17, 2012, the City adopted Ordinance No. 530, which approved of the rezoning of the Property and the surrounding lands included within the preliminary plat to Planned Unit Development (PUD); and WHEREAS, the Developer proposes to develop the approved preliminary plat in phases; and WHEREAS, the Developer has requested final approval of the plat of The Enclave at Brockton, which includes the Property and which constitutes the first phase of the project; and WHEREAS, the Developer has also requested final approval of The Enclave at Brockton 2nd Addition, which includes the surrounding lands which were also included within the preliminary plat approval and which will be replatted in the future consistent with said approval; and WHEREAS, the City Council reviewed the final plat at the October 2, 2012 meeting; and WHEREAS, upon review of the final plat the Council finds that, subject to certain terms and conditions, the plat is substantially consistent with the approved preliminary plat and the terms and conditions thereof, the requirements of the City's subdivision regulations, and the requirements, terms and conditions of the PUD district. Resolution No. 2012-72 October 2, 2012 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 Brockton, subject to the following terms and conditions: 1. The Developer 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. 2. The Developer shall construct all street, utility, stormwater, trail, sidewalk, grading, and landscaping improvements shown on the plans received by the City on September 24, 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. 3. The Developer shall construct turn -lane improvements at Brockton Lane and Basswood Road as recommended by the City Engineer. 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 required improvements. 5. The Developer 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. 6. The Applicant shall provide a detail of the footing drain specifications subject to review and approval by the City Engineer and Public Works Director. 7. The Applicant shall address the comments of the City Engineer in the letter dated August 21, 2012. 8. Prior to beginning construction on the streets and utilities, the Developer shall update the tree replacement plan to identify 6,367 inches of replacement trees and to reduce the density of replacement trees by planting some of the trees on alternative sites as recommended by the City Forester. 9. Final home owner association documents shall be reviewed and approved by the City Attorney. This document shall describe responsibilities for maintenance of stormwater improvements, buffer yards, upland buffers, and 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 and limiting the use of Lot 1, Block 3 to recreational and open space purposes. 10. The subdivision shall be subject to current City regulations related to lawn and landscaping irrigation. Irrigation systems within the subdivision shall not be connected to the City Water Supply System. The Property is located within the Drinking Water Supply Management Area, so Irrigation Wells shall not be permitted. The Developer shall meet the Public Works Superintendent's requirements with regards to irrigation from the stormwater ponds. 11. The Developer shall pay $74,909.70 cash -in -lieu of dedicating land to the City from within The Enclave at Brockton plat. Land shall be required to be dedicated and/or additional cash -in -lieu shall be required to be paid upon future phases as required in Resolution 2012-36. Resolution No. 2012-72 2 October 2, 2012 U 12. 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. 13. One side of streets shall be posted "No Parking" to allow adequate emergency vehicle circulation. 14. 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 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. 15. All comments by the City Attorney related to title issues and recording procedures shall be followed. 16. 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. 17. Final approval of this plat shall be contingent upon approval by the City of the plat of The Enclave at Brockton 2nd Addition. 18. This plat shall be recorded within 120 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 120 days and approved by the City Council for good cause. 19. The Developer shall pay to the City a fee in an amount sufficient to reimburse the City for the costs incurred in the processing and review of this application, construction plans, development agreements, and other relevant documents. Dated: October 2, 2012. Attest: By: Scott T. Johnson, City Administrator -Clerk By: �hd T. M. Crosby, Jr., or or 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. 2012-72 3 October 2, 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. 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 Resolution No. 2012-72 4 October 2, 2012