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HomeMy Public PortalAbout2019-33 Resolution Granting Preliminary Approval of the Raskobs Elm Creek Addition PlatMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2019-33 RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE RASKOBS ELM CREEK ADDITION PLAT WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Patricia R. Raskob Trust (the "Owner") owns property located at 500 Hamel Road (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has requested preliminary plat approval for a subdivision to be platted as Raskobs Elm Creek Addition; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 9, 2019, reviewed the information provided by the Owner and City staff, heard testimony from interested parties, and recommended approval of the preliminary plat; and WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning Commission recommendation and heard additional testimony on May 7, 2019; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact in regard to the preliminary plat based on the requirements of the Subdivision Ordinance: a. The proposed preliminary 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. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary plat approval for Raskobs Elm Creek Addition, subject to the following terms and conditions: 1. The Owner shall enter into an agreement with the City to ensure future completion of floodplain mitigation, construction of utility improvements, upland buffer completion, financial guarantees, and other relevant conditions of approval and City requirements. Resolution No. 2019-33 May 21, 2019 2. The Owner shall provide documentation to verify that the minimum average upland buffer has been provided. 3. The Owner or their successor shall be responsible to implement the floodplain mitigation plan as approved by the City Engineer and Elm Creek Watershed to provide access for development of Lot 2. 4. The Owner acknowledges that a letter of map amendment will be required to avoid flood insurance requirements for any construction on Lot 2. 5. The Owner acknowledges that Lot 2 is subject to the requirements of the shoreland overlay district, including the limitation of impervious surfaces to 25% of the lot area above the floodplain elevation. The lot area of Lot 2 above the flood elevation is 26,421 square feet, allowing no more than 6,605 square feet of impervious surfaces. Any difficulty in use or development of the Property which results from the subdivision of land as proposed or the lot area of Lot 2 has been created by the Owner. 6. The Owner shall pay cash -in -lieu of dedication of park land in an amount of $56,000 or $3,500 per residential unit, whichever is greater. Park fees may be delayed until issuance of building permits upon the property if the owner executes an agreement in a form and of substance acceptable to the City Attorney. 7. 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. Dated: May 21, 2019. Attest: By: Jo M. Gallup, City Cl By: Kathleen Martin, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Anderson upon vote being taken thereon, the following voted in favor thereof: Albers, Anderson, DesLauriers, Martin, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-33 2 May 21, 2019 e e 0 Exhibit A Legal Description of the Property Lot 5 of Auditor's Subdivision No. 241, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Titles in and for said County, except as follows: (1) The South 209.00 feet of the West 209.00 feet of that part of Lot 5 lying Easterly of a line drawn at a right angle to the South line of said Lot 5 from a point thereon distant 409.00 feet Westerly of the Southeast comer of said Lot 5 as measured along said South line. (2) Beginning at the Northeast comer of said Lot 5; thence South along the East line of said Lot 5 to a point of intersection with a line which is parallel with and 30.00 feet distant Southerly (measured at right angles) from the North line of said Lot 5; thence Westerly along said last mentioned parallel line a distance of 588.00 feet; thence Northerly at right angles a distance of 30.00 feet to the North line of said Lot 5; thence Easterly along the North line of said Lot 5 to the place of beginning. Resolution No. 2019-33 3 May 21, 2019