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HomeMy Public PortalAbout2023-106 Resolution Final Plat Amended Meander Park BoardwalkResolution No. 2023-106 November 21, 2023 Member DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-106 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR MEANDER PARK AND BOARDWALK WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Medina Ventures, LLC (the “Applicant”) intends to purchase and develop certain property (the “Property”) located north of Highway 55 and east of Arrowhead Drive, which is legally described in Exhibit A, attached hereto; and WHEREAS, on January 17, 2023, the City Council adopted Resolution 2023-07 granting preliminary plat and planned unit development general plan of development approval to subdivide and develop most of the Property into four commercial lots, four twinhome lots, and outlots to contain common improvements and space; and WHEREAS, on April 18, 2023, the City Council adopted Resolution 2023-58, granting final approval of the Meander Park and Boardwalk plat; and WHEREAS, the Applicant has requested to make certain changes to the plat, primarily adding an additional strip of property along the southeast of the plat; and WHEREAS, the Applicant has also requested certain changes to the Planned Unit Development general plan of development; and WHEREAS, on October 10, 2023, the Planning Commission held a duly noticed public hearing, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the modified general plan and plat; and WHEREAS, on November 8, 2023, the City Council reviewed the proposed modified general plan and plat, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, the City has, as part of its comprehensive plan, conducted a study of the need for new parks and recreational facilities created by new development, and that study deemed that projects of this type create additional demand for such facilities; and WHEREAS, this project will generate more intensive uses and traffic in the area, including both a residential impact north of Meander Road and commercial impact south of Meander Road with large groups and overnight lodging facilities, and so the abovementioned study and the City’s park dedication requirements established in light thereof and required below provide a roughly Resolution No. 2023-106 2 November 21, 2023 proportionate estimate of the additional need for parks and recreational facilities generated by the proposed project; and WHEREAS, regarding the purpose of the Planned Unit Development regulations, the City Council finds that the proposed modified Planned Unit Development: a. encourages a variety of uses to support economic expansion and a more efficient use of land; b. allows higher standards and more desirable building design; c. results in limited need for additional utilities or streets and therefor lowers future public investments; d. effectuates the objectives of the Comprehensive Plan; and e. results in a more desirable and creative environment than might be possible through strict application of zoning and subdivision regulations. WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding the preliminary plat based on the requirements of the Subdivision Ordinance: a. The proposed plat is not in conflict with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. c. That the site is physically suitable for the proposed density of development and meets minimum lot size standards. d. The proposed subdivision is not likely to cause substantial environmental damage. e. The proposed subdivision is not likely to be injurious to public health. f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval for Meander Park and Boardwalk, as depicted on the plat dated 10/18/2023, subject to the following changes, terms and conditions: 1) Approval of the plat is contingent upon effectuation of a subdivision for the additional property to the east, which if approved shall be effectuated in conjunction with the plat. 2) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 3) The Applicant shall install all improvements shown on the plans dated 09/11/2023 except as may be modified herein. The plans shall be updated to address the comments of the City Engineer. 4) Use of the lower level of the event venue shall be limited to data center use or accessory storage/service space for the venue. 5) Solar equipment shall be designed and constructed in compliance with all applicable building and electrical codes and shall be in compliance with all state and federal regulations regarding co-generation of energy. 6) The Applicant shall incorporate design features and landscaping to improve the appearance of the vertical poles (legs) of the solar equipment. Resolution No. 2023-106 3 November 21, 2023 7) The Applicant shall construct turn lane improvements on Meander Road as recommended by the City Engineer. 8) The Applicant shall execute and record instrument(s) in a form and of substance satisfactory to the City Attorney to ensure all lots have access to a public roadway. 9) The Applicant shall ensure that the secondary emergency access is maintained/plowed to ensure usability. 10) Vehicle-resistant barriers or fencing shall be provided between Meander Road and the play area for the daycare. 11) The Applicant shall submit emergency vehicle turning exhibits and adjust solar equipment and parking lot layout as necessary to ensure adequate circulation to the satisfaction of City staff. 12) The Applicant shall submit updated lighting plans and photometrics and ensure that light trespass does not exceed 0.5 FC at the property line. 13) The plat shall dedicate drainage and utility easements over all water mains and hydrants, over stormwater improvements and in other locations recommended by the City Engineer. 14) The watermain and hydrants within the commercial lots shall be privately maintained. 15) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements in order to ensure completion. 16) Park dedication for the subdivision shall be provided as follows: a. Trail easement north of Meander Road b. Fee title conveyance of the eastern 26-feet of the Property south of Meander Road (Outlot D), free and clear of any encumbrances c. Grading/slope easement for trail construction over eastern 10-feet of lots 1 & 3, block 2 d. $26,038 cash-in-lieu of additional dedication 17) The Applicant shall execute and record two Stormwater Maintenance Agreements in a form and of substance acceptable to the City Attorney to describe the responsibility of the property owners to maintain the private stormwater improvements. 18) The Applicant shall implement the Wetland Conservation Act Wetland Replacement Plan. 19) The Applicant shall establish Upland Buffers in the locations identified on the General Plan of Development. Such buffers shall meet the requirements of the wetland protection ordinance including but not limited to: execution and recordation of two Upland Buffer Easement Agreements in a form and of substance acceptable to the City Attorney, planting of appropriate vegetation, and installation of signage. 20) The commercial property shall be subject to the City’s lawn and landscaping irrigation regulations. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. 21) The Applicant shall obtain all permits required by Elm Creek Watershed District, Minnesota Department of Transportation, the Minnesota Department of Health, the Minnesota Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 22) The Applicant shall enter into a petition and waiver with the City in a form and of substance acceptable to the City Attorney related to future assessment for construction of Tamarack Drive. 23) The Applicant shall provide proof of agreement(s) for off-site commercial parking during peak usage that meets the satisfaction of the City. 24) The Applicant shall provide for ongoing active management of the lodging facilities located on the commercial property. Resolution No. 2023-106 4 November 21, 2023 25) Building plans shall be subject to review and approval by City staff for general compliance with the general plan of development and Architectural Narrative document created by Villamil Architecture dated 09/01/2023, except as required to be modified herein. 26) The Applicant shall address all comments and requirements of the City Attorney’s plat opinion and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 27) The plat shall be recorded in the office of the Hennepin County Recorder and Registrar of Titles within 180 days of the date of the resolution or the approval shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. 28) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat, general plan of development, construction plans, and other relevant documents. Dated: November 21, 2023. Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Albers and upon vote being taken thereon, the following voted in favor thereof: Albers, DesLauriers, Martin And the following voted against same: (Absent: Cavanaugh, Reid) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-106 5 November 21, 2023 EXHIBIT A Legal Description of the Property