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HomeMy Public PortalAbout2017-074 Resolution Granting Preliminary Approval for the Plat of Lunski-Nelson AdditionMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2017-74 RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE PLAT OF "LUNSKI-NELSON ADDITION" WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Lunski, Inc. (the "Applicant") has made an application for a subdivision of land (the "Property") legally described as: That part of the west 918.12 feet of the Northwest Quarter of the Southwest Quarter lying northerly of Highway 55, except the west 74 feet thereof and WHEREAS, the Property is approximately 11 acres in size; and WHEREAS, the Applicant is proposing to develop the Property into three B, Business District parcels; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 11, 2017 and forwarded a recommendation of approval to the City Council on August 8, 2017; and WHEREAS, the City Council reviewed the proposed preliminary plat at the August 15, 2017 meeting; and WHEREAS, the City Council makes the following findings of fact regarding the preliminary plat based on the requirements of the Subdivision Ordinance, subject to compliance with the terms and conditions noted herein: a. The proposed preliminary plat is consistent 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. The development proposed is generally consistent with the standards of the B, Business District. d. The proposed subdivision will not 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 rights -of -way. Resolution No. 2017-74 September 19, 2017 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary approval of the plat of Lunski-Nelson Addition subject to the following terms and conditions: 1. This approval shall be contingent upon approval by the City of the proposed rezoning of the Property to the Business zoning district. 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 August 28, 2017, except as may be modified herein. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 4. The Applicant shall construct and maintain the trails as shown on the plans. Credit towards required park dedication fees shall be granted for the trails, so long as access to the private trail system is provided for the general public. In addition to providing access to the trail system for the general public, a park dedication fee shall be paid in the amount of $106,110.00 in -lieu of dedicating land. If public access is terminated to the private trail system, the park dedication fee shall increase to $204,558.00. 5. The Applicant shall enter into a petition and waiver agreement regarding future turn lane construction to serve the proposed access for the Property. 6. The Applicant shall enter into a petition and waiver agreement with the City related to its contribution to the future extension of Chippewa Road. 7. The Applicant shall comply with the City's wetland protection ordinance, including easement requirements, upland buffer planting, and signage requirements. 8. The Applicant shall comply by the conditions of the Wetland Replacement Plan and impacts shall be subject to WCA permitting requirements. 9. All comments from the City Engineer dated 9/13/2017 shall be addressed. 10. The plat shall be updated to provide 50 feet of right-of-way from the center line of Chippewa Road to accommodate future turn/bypass lanes to serve the Property, as well as appropriate drainage and utility easements. These easements shall be subject to review and approval of the City Engineer. 11. The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements in order to ensure completion. 12. All comments of the City Attorney shall be addressed, and the Applicant shall abide by the City Attorney's recommendations related to title issues and recording procedures. 13. The Applicant shall obtain necessary approvals and permits from the Elm Creek Watershed, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Metropolitan Council, and other relevant agencies. 14. The final plat applicant shall be filed within 180 days of the date of the city council resolution granting preliminary approval 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. 15. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Resolution No. 2017-74 2 September 19, 2017 Dated September 19, 2017. Attest: By: Jodi allup, City Clerk By: ers4 Bob Mitchell, Mayor 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, Pederson, Martin, Mitchell And the following voted against same: Cousineau Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-74 3 September 19, 2017 1