HomeMy Public PortalAbout2020-53 Resolution Granting Preliminary Approval for the Ditterswind PlatMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2020-53
RESOLUTION GRANTING PRELIMINARY APPROVAL
FOR THE DITTERSWIND PLAT
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, James and Pamela Ditter, Thomas and Mimi Ditter, and Ditter Properties
(collectively the "Owners") own four parcels of land located from 2032-2052 Holy Name Drive
(the "Property") which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Owners have requested preliminary plat approval for Ditterswind, a
subdivision of the Property into five lots; and
WHEREAS, the Owners have also requested a Comprehensive Plan Amendment and
rezoning of Lots 1 and 4, Block 1 to the Suburban Residential zoning district; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 12,
2020, reviewed the information provided by the Owners and City staff, heard testimony from
interested parties, and recommended approval of the preliminary plat; and
WHEREAS, the City Council reviewed the request at the September 1, 2020 meeting,
reviewed the testimony, and considered the recommendation of the Planning Commission; 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 City's 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.
Resolution No. 2020-53
September 15, 2020
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants preliminary approval of the Ditterswind plat, subject to the following terms and
conditions:
1) Approval of the plat shall be contingent upon the proposed Comprehensive Plan
Amendment and rezoning of proposed Lots 1 and 4 to the Suburban Residential zoning
district.
2) The plat shall be contingent upon either demolition of or approval of an Interim Use Permit
related to the two homes on proposed Lot 1 and of the three outbuildings located upon
property lines or which do not meet setback requirements. The Owners shall enter into an
agreement in a form and of substance acceptable to the City Attorney to ensure compliance
with these requirements.
3) The Owners shall construct the private road and stormwater improvements as shown on the
plans dated August 3, 2020, except as modified by the conditions herein.
4) The Owners 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.
5) The Owners shall submit a letter of credit for 150% of the estimated cost of improvements
and demolition of the home and outbuildings to ensure completion of the work.
6) The Owners shall provide the private road easement/agreement and shared driveway
easement/agreement for review and approval by the City Attorney prior to final plat.
7) The Owners shall execute a Stormwater Maintenance Agreement to describe the
responsibility of the property owners to maintain the stormwater improvements.
8) The Owners shall meet the requirements of the wetland protection ordinance, including
provision of easements, planting of vegetation and installation of signage.
9) The Owners shall pay a park dedication fee of $8,000 at the time the plat is executed by the
City.
10) The Owners shall address the comments of the City Engineer. Final construction plans shall
be submitted along with final plat application and be subject to review and approval.
11) The Owners shall provide title documentation at the time of final plat application and abide
by the recommendation of the City Attorney, with regard to title matters and recording
instructions.
12) No replacement shall be required for trees removed which were planted by the Ditter family.
It is acknowledged that the trees on proposed Lots 3, 4, and 5 were planted by the Ditter
family, with the exception of those along the southern and eastern boundary of Lot 5.
13) The Owners shall obtain required approvals from Minnehaha Creek Watershed and any
other relevant agencies.
14) The final plat applicant shall be filed within 180 days of the date of the 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 Owners 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. 2020-53
September 15, 2020
Dated: September 15, 2020.
Attest: ,/
By:
Jodi M. Gallup, City Clerk
By
Kathleen Martin, Mayor
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, Anderson, DesLauriers, Martin, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2020-53
September 15, 2020
EXHIBIT A
Legal Description of the Property
PARCEL 1
That port of the East half of the Northeast Quarter of Section 24, Township 118 North, Range 23
West of the 5th Principal Meridian. described as follows: Commencing at the Northeast corner of said
East half of the Northeost Quarter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the East line of said East half of the Northeast Quarter a distance of 636.25
feet to the point of beginning of the property being described; thence South 46 degrees 09 minutes
59 seconds West o distance of 456.22 feet; thence South 36 degrees 09 minutes 34 seconds West
a distonce of 679.91 feet; thence South 89 degrees 59 minutes 34 seconds East to its intersection
with said East line; thence northerly along said East line to the point of beginning.
PARCEL 2
That part of the East half of the Northeast Quorter of Section 24, Township 118 North, Range 23
West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of soid
East half of the Northeast Quarter; thence on on assumed bearing of South 0 degrees 00 minutes
26 seconds West along the East line of said Eost half of the Northeast Quarter a distance of 636.25
feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South
36 degrees 09 minutes 34 seconds West a distance of 679.91 feet to the point of beginning of the
property being described; thence South 36 degrees 09 minutes 34 seconds West a distance of 211.46
feet; thence South 54 degrees 30 minutes East a distance of 488.73 feet; thence Southeasterly to o
point on said Eost line distance 431.20 feet northerly, as measured along said East line, from the south-
east corner of said East half of the Northeast Quarter; thence northerly along said East line to its
intersection with a line drawn on o bearing of South 89 degrees 59 minutes 34 seconds East from the
point of beginning; thence North 89 degrees 59 minutes 34 seconds West to the point of beginning.
PARCEL 3
That part of the East half of the Northeast Quarter of Section 24, Township 118 North, Range 23
West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said
East half of the Northeast Quorter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the Eost line of soid East half of the Northeast Quarter a distance of 636.25
feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South
36 degrees 09 minutes 34 seconds West o distance of 891.37 feet to "Point A" and the paint of
beginning of the property being described; thence South 36 degrees 09 minutes 34 seconds West a
distance of 178.88 feet; thence South 54 degrees 30 minutes 07 seconds East o distance of 115.60
feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 297.02 feet; thence South
47 degrees 51 minutes East a distance of 98.07 feet; thence South 65 degrees 07 minutes 30 seconds
East o distance of 146.91 feet; thence North 89 degrees 05 minutes East a distance of 157.00 feet;
thence northeasterly to a point on a line drawn on a beoring of South 54 degrees 30 minutes East a
distance of 488.73 feet from said "`Point A"; thence North 54 degrees 30 minutes West to the point
of beginning.
PARCEL 4
That part of the East half of the Northeost Quarter of Section 24, Township 118 North. Range 23
VS1est of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said
East half of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the East line of saki East half of the Northeast Quarter a distance of 636.25
feet; thence South 46 degrees 09 minutes 59 seconds West o distance of 456,22 feet; thence South
36 degrees 09 minutes 34 seconds West a distance of 891.37 feet to "Point A"; thence South 36
degrees 09 minutes 34 seconds West a distance of 178.88 feet; thence South 54 degrees 30 minutes
07 seconds East a distance of 115.60 feet; thence South 36 degrees 09 minutes 34 seconds West
a distance of 297.02 feet to the point of beginning of the property being described; thence South 47
degrees 51 minutes East a distance of 98.07 feet; thence South 65 degrees 07 minutes 30 seconds
East a distance of 146.91 feet; thence North 89 degrees 05 minutes East a distance of 157.0D feet;
thence northeasterly to a point on a line drawn an a bearing of South 54 degrees 30 minutes East a
distonce of 488,73 feet from said "Point A"; thence Southeasterly to a point on the East line distant
431,20 feet northerly, as measured along said Eost line, from the Southeast corner of
said East half of the Northeast Quarter; thence westerly paral'el with the South line of said
East half of the Northeast Quarter a distance of 600.10 feet; thence southerly parallel with
the East line of said East Half a distance of 36.90 feet; thence westerly, deflecting right 91
degrees 51 minutes o distance of 340.70 feet; thence southwesterly, deflecting left 51 degrees
13 minutes to the northeasterly right of way line of Holy Name Drive; thence northwesterly along
said northeasterly right of way line to its intersection with the North line of the South 412.50
feet of said East half of the Northeost Quarter; thence northerly along said West line to a point
on said West line distance 452.91 feet northerly of, as measured along said West line, the South-
west corner of said East half of the Northeast Quarter; thence easterly parallel with said South
line o distance of 84.32 feet; thence North 79 degrees 20 minutes East to its intersection with a
line drawn on o bearing of South 42 degrees 39 minutes 34 seconds West from the point of beginning;
thence North 42 degrees 39 minutes 34 seconds Eost to the point of beginning.
Resolution No. 2020-53
September 15, 2020