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HomeMy Public PortalAbout2020-93 Resolution Approving a Preliminary Plat for a Subdivision to be Known as Holy Name Lake EstatesMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2020-93 RESOLUTION APPROVING A PRELIMINARY PLAT FOR A SUBDIVISION TO BE KNOWN AS "HOLY NAME LAKE ESTATES" WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Donavon DesMarais (the "Applicant") has made an application for a subdivision of land (the "Property") legally described as: That part of the Northwest Quarter of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota, lying East of the West 674.41 feet thereof. and The South 60.00 feet of the East 644.41 feet of the West 674.41 feet of the Northwest Quarter of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota. and The East 5/16ths of the South Half of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota, except road. and The Northeast Quarter of the Northwest Quarter of Section 24, Township 118, Range 23, Hennepin County, Minnesota. WHEREAS, the Property is three separate parcels totaling approximately 90 acres in size; and WHEREAS, the Property is zoned RR, Rural Residential; and WHEREAS, the Applicant is proposing to develop the property into six separate lots intended as single family residential properties consistent with the Rural Residential zoning district standards; and WHEREAS, the City's subdivision ordinance states in Section 820.29 Subd. 2 (g) that cul- de-sacs shall not exceed 750 feet in length; and Resolution No. 2020-93 December 1, 2020 WHEREAS, the proposed subdivision includes an extension of an existing dead-end roadway that would result in a cul-de-sac length of about 3,500 feet and so, as part of the preliminary plat application, the Applicant also seeks a variance under the City's subdivision ordinance to allow a cul-de-sac that exceeds 750 feet in length; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 10, 2020 and, following said public hearing, recommended approval of the subdivision and variance with conditions; and WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning Commission's recommendation of approval on November 17, 2020; and WHEREAS, the City Council makes the following findings of fact in regards to the preliminary plat based on the requirements of the subdivision ordinance: 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 density proposed is consistent with the intent of the City of Medina Comprehensive Plan and the lots proposed are consistent with the standards of the Rural Residential Zoning 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. WHEREAS, the City Council makes the following findings of fact in regards to the variance related to the cul-de-sac length requirements in Section 820.29 Subd. 2 (g): a. The proposed cul-de-sac is the extension of an existing street with no planned future connections. b. There are no other exiting streets that are available to be connected to this Property. Because of these particular physical surroundings, a particular and unusual hardship would result if the strict letter of the City's subdivision ordinance were carried out. c. The condition is unique to the parcels of land for which the variance is sought and are not common to other properties within the City. d. The particular and unusual hardship is related to the requirements of these regulations and has not been created by any persons presently or formerly having an interest in the parcel of land. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the preliminary plat together with the aforementioned variance for the Resolution No. 2020-93 2 December 1, 2020 subdivision to be named "Holy Name Lake Estates" with the following conditions to be fulfilled prior to the consideration of the final plat: 1. The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as all other requirements by City ordinance or policy. 2. All easement legal descriptions shall be provided to the City Attorney. 3. An upland buffer conservation easement and planting plans shall be provided around the wetlands. All requirements of the wetland protection ordinance shall be met. 4. The property owner shall submit title documentation and meet the requirements of the City Attorney with regards to title issues and recording procedures. 5. All comments from the City Engineer shall be addressed. 6. All comments from the Minnehaha Creek Watershed District shall be addressed. 7. The applicant shall submit park dedication in the amount recommended by the Parks Commission. This includes the trail easements totaling 1.18 acres and cash -in -lieu in the amount of $18,553. 8. Trail easements shall be 25 feet in width and include corridors along the north property line of Lot 1 outside of wetland areas; along the north property line of Lot 2 in the western portion of the lot; between Lots 1 and 2; and along Pinto Drive west of Lot 2, all in accordance with City requirements. 9. Drainage and utility easements adjacent to trail easements shall be increased in size to accommodate the standard drainage and utility area outside of the trail easement. 10. The grading plan shall be modified to include an area for future trail construction within easements and the right-of-way. 11. The Applicant shall pay for 50% for the pavement overlay of the approximately 450 feet of Pinto Drive north of County Road 24 and reconstruct the remainder of the existing road to the northern terminus to meet City standards. 12. 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 and other associated documents. 13. The application for final plat shall be submitted to the City within 180 days of preliminary approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. Dated: December 1, 2020. By: Attest: By: Jodi [ . Gallup, City Clerk Resolution No. 2020-93 3 December 1, 2020 Kathleen Martin, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers and upon vote being taken thereon, the following voted in favor thereof: Albers, Anderson, DesLauriers, Martin And the following voted against same: (Absent: Pederson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2020-93 4 December 1, 2020