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Home My Public Portal About2018-012 Resolution Granting Final Plat Approval for School Lake Nature PreserveMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2018-12 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR SCHOOL LAKE NATURE PRESERVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Wallace and Bridget Marx (the "Owners") own approximately 90 acres of property in the City (the "Property") east of Parkview Drive and north of County Road 24 which is legally described in Exhibit A; and WHEREAS, on October 17, 2017, the City Council adopted Ordinance No. 618, establishing the School Lake Nature Preserve conservation design -planned unit development (CD- PUD) district and amending the official zoning map; and WHEREAS, on October 17, 2017, the City Council also adopted Resolution 2017-85, granting preliminary approval of the plat of School Lake Nature Preserve, subject to a series of terms and conditions; and WHEREAS, the Owners have now requested final plat approval; and WHEREAS, the School Lake Nature Preserve CD-PUD subdivision includes six residential lots and the conservation of approximately 70 acres; and WHEREAS, on February 20, 2018, the City Council reviewed the plat and information provided by the Owners and City staff, and heard testimony from interested parties; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact in regard to the plat based on the requirements of the Subdivision Ordinance: a. The proposed final 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. The proposed subdivision will not cause substantial environmental damage. d. The proposed subdivision is not likely to be injurious to public health. e. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. Resolution No. 2018-12 February 20, 2018 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval, subject to the following terms and conditions: 1. The Owners shall construct improvements as shown on the plans received by the City on February 8, 2018 and the landscaping plan received on January 19, 2018, except as modified herein or upon recommendation of the City Engineer. Construction plans shall be subject to review and approval by the City Engineer. 2. The Owners shall enter into a development agreement with the City, which shall be in a form and of substance acceptable to the City and which shall include the conditions described in this approval as well as other requirements of City ordinance and policy. 3. The Owners shall provide to the City a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the required improvements. 4. Except as explicitly authorized by City this final plat resolution or ordinance no. 618 all aspects of this subdivision shall comply with all applicable state laws, city codes, ordinances and regulations. 5. The Owners shall abide by the requirements of the City's wetland protection ordinance, including easement, signage, and vegetation requirements. 6. Covenants shall be subject to review and approval by City staff to ensure maintenance of conservation areas, stormwater facilities, shared driveway(s), and other common elements. 7. Shared driveways shall meet relevant standards and include a reciprocal easement and maintenance agreement satisfactory to the City, which shall be recorded against the properties. 8. The Owners shall grant trail easements to the City in the locations shown on the plans received by the City on February 8, 2018. The Owners shall also improve (clearing and stabilization) portions of the trail as determined appropriate by City staff 9. The Owners shall enter into an agreement with the City related to construction of a small trailhead to the proposed public trail if an alternative access and parking cannot be provided to the trail. The Owners shall construct the trailhead in connection with widening the shared driveway, or pay to the City a fee of $5000.00 in lieu of dedication of additional land. 10. Conservation easements shall be granted over all conservation areas and shall be in a form and of substance acceptable to the City, including granting the City a third party right of enforcement as described in law. 11. The final land stewardship plan shall be subject to review and approval of City staff. 12. The Owners shall submit a plan for review and approval by the City staff for incorporating information related to the restrictions and obligations of the Conservation Easements into the marketing materials for the lots within the subdivision. 13. The Owners shall address all comments from the City Attorney plat opinion, the City Engineer, Hennepin County, and Minnehaha Creek Watershed. 14. The Owners shall obtain necessary approvals and permits from the Minnehaha Creek Watershed District, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and other relevant agencies. 15. The final plat shall be filed within 180 days of the date of the city council resolution granting approval or the approval shall be considered void, unless a written request for time extension is submitted by the Owners and approved by the City Council. Resolution No. 2018-12 2 February 20, 2018 16. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Planned Unit Development, final plat, construction plans, and other relevant documents. Dated: February 20, 2018. Attest: By: Jodi M. allup, City Clerk By: �s/4;r 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, Cousineau, Martin, Pederson And the following voted against same: Mitchell Whereupon said resolution was declared duly passed and adopted. Resolution No. 2018-12 3 February 20, 2018 EXHIBIT A Legal Description of Property Parcel 1: The North 80 rods of the West% (Witte Southwest'''A of Section 16, Township 118 North. Range 23, West of the 5th Principal Meridian. Hennepin County, Minnesota, except that part of the West 300 feet of the Northwest Quarter of the Southwest Quarter of Section l6, Township 118 North, Range 23, West of the 5th Principal Meridian, lying Northerly of a line described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence south along the West line of said Northwest Quarter of the Southwest Quarter a distance of 380 feet to the point of beginning of the line being described; thence deflecting left 96 degrees a distance of 215 feet; thence deflecting left 24 degrees to the East line of said West 300 feet, and there ending, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. And Parcel 2: The South 500 feet of that part of the Northeast Quarter of the Southwest Quarter lying West of the East 520 feet thereof in Section 16, Township 118 North, Range 23 West, according to the recorded plat thereof on file and of record in the office of the County Recorder, I Iennepin County, Minnesota. And Parcel 3: The SouthY2 of the NorthwestVi and the Northeast 'A of the Southwest ''A of Section 16, Township 118. Range 23. according to the Government Survey thereof, excepting therefrom the following four exceptions: Exception One: Two acres of land in the South 1/2 of the Northwest 'A of Section 16, Township 118, Range 23, llennepin County, described as follows: Commencing at the Southwest corner of the South of the Northwest ''A of said Section 16; thence North along the West line of said South '/s a distance of 5 feet to the point of beginning of the land to be described, thence North along the West line of said South '/ a distance of 208.71 feet, thence turning to the right on an angle of 90dcgrees a distance of 417.42 feet; thence to the right on an angle of 90 degrees a distance of 208.71 feet: thence on an angle of 90 degrees to the right a distance of417.72 feet to the point of beginning, Hennepin County. Minnesota. Exception Two: The Fast 520 feet of the Northeast ''A of the Southwest 'A of Section 16, Township 118 North, Range 23 West. according to the Government Survey, Hennepin County. Minnesota. Exception Three: The South 500 feet of that part of the Northeast 'A of the Southwest'J, lying West of the least 520 feet thereof in Section 16, Township 118 North, Range 23 West, according to the Government Survey, Hennepin County, Minnesota. Exception Four: The North 845 feet of the South% of the Northwest''A of Section 16, Township 118 North, Range 23 West, according to the Government Survey thereof, Hennepin County, Minnesota. All Abstract property. Resolution No. 2018-12 4 February 20, 2018