HomeMy Public PortalAbout2013-09 Resolution Denying Prelim Plat for Tamarack Ridge Located North & West of Deer Hill RdMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2013-09
RESOLUTION DENYING A PRELIMINARY PLAT FOR A SUBDIVISION
PROPOSED TO BE CALLED "TAMARACK RIDGE" ON PROPERTY
LOCATED NORTH AND WEST OF DEER HILL ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Property Resources Development Company (the "Applicant") has
requested preliminary plat approval for a subdivision on property located within the City of
Medina north and west of Deer Hill Road which is legally described in Exhibit A (the
"Property"); and
WHEREAS, the Applicant asserts that the soils types designated by the most current
Hennepin County Soils Survey on the Property are inaccurate by type and location and that the
Applicant has submitted information for review by the zoning administrator as provided by
Section 820.25 Subd. 2(1); and
WHEREAS, on February 12, 2013, the Planning Commission held a duly noticed public
hearing where testimony was heard from the Applicant, city staff, and interested parties; and
WHEREAS, following such hearing, the Planning Commission unanimously
recommended denial of the preliminary plat; and
WHEREAS, the City Council reviewed the proposed preliminary plat at the February 19,
2013 meeting and took additional testimony; and
WHEREAS, the Planning Commission and City Council have reviewed reports from the
City's soil scientist dated January 21, and February 7, 2013 concerning the adequacy of the
information submitted by the Applicant contesting the Hennepin County Soils Survey; and
WHEREAS, the Planning Commission and City Council have reviewed a memorandum
from the city attorney dated February 7, 2013 clarifying that the then Village of Medina had only
acquired through statutory user such right-of-way from Willow Drive to Homestead Trail as had
been actually used and kept in repair and worked for at least six years, despite the village
claiming a right-of-way 33 feet in width had been acquired this entire distance; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional written testimony submitted to the City,
the City Council makes the following findings of fact in regards to the preliminary plat request:
Resolution No. 2013-09
February 19, 2013
1. The City has reviewed the information submitted related to the Applicant's opinion that
the soils types designated by the most current Hennepin County Soils Survey are
inaccurate by type or location and has determined that sufficient information has not
been submitted in order to validate the amendments to the soils information requested by
the Applicant.
2. Because insufficient information was submitted to justify amendment of the Hennepin
County Soils Survey, four of the proposed lots within the preliminary plat do not meet
minimum lot size requirements in terms of contiguous area of suitable soils as required
by Section 820.29 Subd. 4(a) and Section 826.25 Subd. 2(a) of the City Code.
3. The subdivision is premature as defined by Section 820.28 of the City Code because the
area to be subdivided does not currently have adequate access and the subdivider does
not propose to provide for the construction or funding of necessary improvements to
provide such access as required by City Code.
4. The proposed preliminary plat is in conflict with City regulations requiring private streets
to be constructed within an outlot, and platting of the required outlot would cause two
additional lots proposed on the preliminary plat to fall below the minimum lot size
requirements of the rural residential zoning district, resulting in a total of six lots which
would not meet such standards.
5. The proposed construction of Deer Hill Road west of the subject site conflicts with the
lack of adequate right-of-way and also will conflict with existing private access
easements and the ability of neighboring property owners to access public streets.
6. The proposed secondary septic site for proposed lot 7 does not meet minimum setback
requirements for septic systems from wetlands.
7. Lot lines abutting the proposed cul-de-sac are not radial as required by Section 820.29
Subd. 2 (g) of the City Code.
8. The proposed preliminary plat does not provide trails described in the City's
Comprehensive Plan in order to account for the natural resources of the subject property.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina,
Minnesota, based upon the findings noted above, does hereby deny the Applicant's request for
preliminary plat approval.
Resolution No. 2013-09 2
February 19, 2013
Dated: February 19, 2013.
Attest:
By:
Scott Johnson, City Administrator -Clerk
By: - 1 P�( �
T. M. Crosby, Jr., 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:
Anderson, Crosby, Martinson, Pederson, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-09 3
February 19, 2013
EXHIBIT A
DESCRIPTION OF SUBJECT PROPERTY
The East Half of the Southwest Quarter of Section 21, Township 118, Range 23, according to the
Government Survey thereof.
The boundary lines of the land herin described are marked by Judical Landmarks set pursuant to Torrens
Case No. 17158.
Resolution No. 2013-09
February 19, 2013