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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