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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