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Home My WebLink AboutResolution 2004-58a - Approving Preliminary Plat for Medo Creek Estates on Property Located at the NW Corner of Tessmer Road and County Road 19 • ti State of Minnesota County of Hennepin City of Corcoran CITY OF CORCORAN RESOLUTION 2004-58a MOTION by LYMANGOOD SECONDED by THOMAS APPROVING PRELIMINARY PLAT FOR JAMES UZZELL FOR "MEADOW CREEK ESTATES" ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF TESSMER ROAD AND COUNTY ROAD 19 WHEREAS, James Uzzell has requested approval of a preliminary plat to allow the creation of 12 lots on the 100-acre property legally described as follows: The south 20 acres of the north half of the southwest quarter and the southeast quarter of southwest quarter of Section 6, Township 119, Range 23. ALSO The southwest of southwest quarter of Section 6, Township 119, Range 23, all in Hennepin county, Minnesota. WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by James Uzzell for a preliminary plat, subject to the following conditions: 1 . A preliminary plat is approved to allow the creation of 12 lots and one outlot, in accordance with the revised plans and application received by the City on June 7, 2004, except as amended by this resolution. 2. Approval of the preliminary plat is contingent upon approval of the conditional use permit. 3. The preliminary plat approval is valid for one year from the date of approval. 4. Five building rights will remain on Lot 12. 5. A copy of the Homeowners Association Documents must be provided which clearly defines the rights and responsibilities of the Homeowners Association. The Homeowners Association shall be responsible for Resolution 2004-58a Page 2 maintenance of the common outlot. The outlot may be leased for continued farming operations. 6. The open space shall be preserved in perpetuity. A conservation easement over the permanent open space is required and may allow continued farming of the site. 7. The park dedication shall be cash-in-lieu of dedication for 11 new lots and shall be due prior to filing the final plat. The park dedication fee shall be in accordance with the ordinance in place at the time of filing the final plat. 8. A certified inspector must approve the existing septic system to ensure compliance with Rule 7080 and City standards. The septic system on the farm must be brought up to standard to include a primary and secondary site. 9. The landowner shall comply with the Wetland Conservation Act and shall receive Elm creek Watershed approval prior to final plat approval. 10.An assessment performed by MNRAM is required for plan review prior to final plat approval to confirm wetland quality for the purposes of establishing the wetland buffer. 11.A revised plan shall be submitted to identify wetland buffers, wetland setbacks and wetland buffer monuments. A minimum 25-foot average buffer and a 15-foot structure setback is required for medium quality wetlands. Buffer monuments must be installed in compliance with section 1050.010. No impacts are allowed within the wetland buffer. The wetland buffer must remain in the natural state, therefore, no farming is allowed within the required wetland buffer. 12.A 75-foot septic setback from delineated wetlands is required. 13.The applicant must submit soil percolation tests and final septic system designs prior issuance of building permits. A primary and secondary septic site must be staked prior to beginning any construction on site. 14.A revised Resource Inventory Plan shall be submitted prior to final plat approval to correct inconsistencies in the soil classifications. 15.AI1 drainage and utility easements must be staked, surveyed and properly recorded prior to beginning any work on site. Resolution 2004-58a Page 3 16.The applicant must comply with all conditions in the City Engineer's memo. 17.The applicant should reexamine the lot layout and septic locations to ensure reasonable use of the parcels. The Commission noted particular concerns on the location of the Lot 5 septic. 18.The septic sites must be individually fenced with steel posts and snow fencing, which must be left in place until final grading and construction is completed. 19.Prepare an open space preservation plan for how the open space will be used or re-established when the site is no longer farmed. 20.Require the developer to sign an assessment waiver for the 11 new lots to pay their share of future improvements to Tessmer Road. Final details of the waiver and maximum costs will be reviewed with the developer, city attorney and city staff prior to final plat approval. ADOPTED by the City Council this 22nd day of July 2004. VOTING AYE VOTING NAY XX Bucher, John Bucher, John XX Gageby, David Gageby, David XX Guenthner, Ken Guenthner, Ken XX Thomas, Ron Thomas, Ron XX Lymangood, Chuck Lymangood, Chuck Kenneth Guenthner, Mayor City Seal ATTEST: 4WC,t4- Q1 LULU/nil( Kary Tilltarin, City Clerk City of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2004-58b MOTION BY: BUCHER SECONDED BY: LYMANGOOD A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR JAMES UZZELL FOR "MEADOW CREEK ESTATES" ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF TESSMER ROAD AND COUNTY ROAD 19 WHEREAS, the applicant, James Uzzell has requested approval of a conditional use permit to allow an open space preservation plat; and WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval based on the characteristics of the use being in compliance with the Comprehensive Plan; and WHEREAS, the use will enhance the general public welfare by permanently preserving open space; and, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by James Uzzell for a conditional use permit, subject to the following findings and conditions: 1 . The conditional use permit is approved in accordance with the plans received by the City on May 10, 2004, and revisions received June 7, 2004, except as amended herein. 2. The developer must comply with all conditions of preliminary plat approval. 3. A conditional use permit is approved to allow the open space preservation plat with 11 lots and one outlot on 50 acres, based on the finding that the use complies with all applicable conditional use permit standards and the objectives of the open space preservation plats as outlined in the Subdivision Ordinance. Specifically: a. The development will permanently preserve open space. b. Preserve large tracts of land for agriculture. c. Preserve viewsheds for scenic enjoyment and rural identity. d. Provide for site development that maintains low visual impact, particularly along arterial roadways and abutting properties. Resolution 2004-58b Page 2 4. In addition to the 10 building rights allowed through the open space preservation plat program, one additional building right is granted because the applicant is preserving open space adjacent to Tessmer Road, a public street. 5. The developer must provide a permanent conservation easement over Outlot A to preserve the open space in perpetuity. The easement document shall be prepared for City review and approval prior to final plat approval. 6. The applicant must provide homeowners association documents that clearly define what activities and/or structures may be allowed in the permanent open space and how the homeowners association will maintain it. 7. Lot 12 shall be platted but is not part of this open space preservation development. Five building rights will remain on Lot 12. 8. The development shall comply with all conditions of preliminary plat approval. ADOPTED by the City Council this 22nd day of July 2004. VOTING AYE VOTING NAY XX Bucher, John Bucher, John XX Gageby, David Gageby, David XX Guenthner, Ken Guenthner, Ken XX Thomas, Ron Thomas, Ron XX Lymangood, Chuck Lymangood, Chuck Kenneth Guenthner, Mayor City Seal ATTEST: Kary Tillm n , City Clerk lb II HIFI TRANSFER ENTEREV Doc No 8428285 08/31/2004 08:00 AM HENNEPIN COUNTY TAXPAYER SERVICES Certified filed and or recorded on above date: Office of the County Recorder AUG 1 8 004 Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 5 TranslD 56774 Fees $15.00 DOC $4.50 SUR $5 00 MAIL $24.50 Total CITY OF CORCORAN RECEIVED s ,� x o &4 COUNTY OF HENNEPIN STATE OF MINNESOTA The undersigned duly qualified and City Clerk of the City of Corcoran hereby certifies that attached hereto is a copy of the original Resolution #2004 — 58b adopted by the Corcoran City Council on July 22, 2004, on file in the office of the City Clerk, City of Corcoran. Dated this 12th day of August, 2004. ‘21 ' Kary Tillm , City Clerk/Treasurer. City of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2004-58b MOTION BY: BUCHER SECONDED BY: LYMANGOOD A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR JAMES UZZELL FOR "MEADOW CREEK ESTATES" ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF TESSMER ROAD AND COUNTY ROAD 19 WHEREAS, the applicant, James Uzzell has requested approval of a conditional use permit to allow an open space preservation plat; and WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval based on the characteristics of the use being in compliance with the Comprehensive Plan; and WHEREAS, the use will enhance the general public welfare by permanently preserving open space; and, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by James Uzzell for a conditional use permit, subject to the following findings and conditions: 1 . The conditional use permit is approved in accordance with the plans received by the City on May 10, 2004, and revisions received June 7, 2004, except as amended herein. 2. The developer must comply with all conditions of preliminary plat approval. 3. A conditional use permit is approved to allow the open space preservation plat with 11 lots and one outlot on 50 acres, based on the finding that the use complies with all applicable conditional use permit standards and the objectives of the open space preservation plats as outlined in the Subdivision Ordinance. Specifically: a. The development will permanently preserve open space. b. Preserve large tracts of land for agriculture. c. Preserve viewsheds for scenic enjoyment and rural identity. d. Provide for site development that maintains low visual impact, particularly along arterial roadways and abutting properties. Resolution 2004-58b Page 2 4. In addition to the 10 building rights allowed through the open space preservation plat program, one additional building right is granted because the applicant is preserving open space adjacent to Tessmer Road, a public street. 5. The developer must provide a permanent conservation easement over Outlot A to preserve the open space in perpetuity. The easement document shall be prepared for City review and approval prior to final plat approval. 6. The applicant must provide homeowners association documents that clearly define what activities and/or structures may be allowed in the permanent open space and how the homeowners association will maintain it. 7. Lot 12 shall be platted but is not part of this open space preservation development. Five building rights will remain on Lot 12. 8. The development shall comply with all conditions of preliminary plat approval. ADOPTED by the City Council this 22'd day of July 2004. VOTING AYE VOTING NAY XX Bucher, John Bucher, John XX Gageby, David Gageby, David XX Guenthner, Ken Guenthner, Ken XX Thomas, Ron Thomas, Ron XX Lymangood, Chuck Lymangood, Chuck C‘4-4 •4%' Kenneth Guenthner, Mayor City Seal ATTEST: Kary Till n , City Clerk