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HomeMy Public PortalAbout2021-63 Resolution Granting Preliminary Approval Of The Prairie Creek PlatMember DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-63 RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE PRAIRIE CREEK 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") is the fee owner of property located at 500 Hamel Road (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, Stelter Enterprises, LLC (the "Developer") has requested preliminary plat approval to subdivide and develop the Property into seventeen lots for detached single-family villas, tentative proposed to be called Prairie Creek, and WHEREAS, the Planning Commission held a duly noticed public hearing on August 10, 2021, reviewed the information provided by the Developer 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 September 7, 2021; 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. That the site is physically suitable for the proposed density of development and meets minimum lot size standards. d. The proposed subdivision is not likely to 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 right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary plat approval for Prairie Creek, as depicted on the preliminary plat bearing revision date of August 3, 2021 subject to the following terms and conditions: Resolution No. 2021-63 September 21, 2021 1) The Developer 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. Such agreement shall also address relevant requirements of the development agreement for Raskobs Elm Creek Addition, which is recorded against the Property and anticipated implementation of various requirements through a future agreement. 2) The Developer shall install all improvements shown on the plans dated 8/3/2021 except as may be modified herein. Final plans shall be provided at the time of final plat and shall address the comments of the City Engineer, Fire Marshal, Elm Creek Watershed, other relevant staff and agencies and the conditions noted herein. Plans shall be subject to review and approval by the City Engineer. 3) The plat shall provide drainage and utility easements over all stormwater improvements, wetlands, and drainageways and along the perimeter of lots as recommended by the City Engineer. 4) The Developer shall update plans to relocate the trail further north and as close to the edge of the right-of-way as possible and shall update plans to include widening of Hamel Road for on -street parking. The Developer shall be responsible for the cost of the trail, curb, and storm sewer along the north of Hamel Road. The City shall be responsible for the cost of the street base and paving. 5) Subject to the Developer entering into an agreement with the property owner allowing disturbance upon the property to the east, a limited waiver is hereby granted for the southeastern portion of the driveway to be located less than 2 5 feet from the eastern property line to better align with Elm Creek Drive. 6) The Response Action Plan (RAP) and Contingency Construction Plan (CCP) shall be subject to review and approval by the City and any other relevant agencies. 7) The Developer shall install "no parking" signs as recommended by the City Engineer and Fire Marshal to allow adequate emergency vehicle circulation. 8) The Developer shall provide required floodplain storage as described in the development agreement for Raskobs Elm Creek Addition. 9) The Developer shall submit architectural design requirements at the time of Final Plat application. Such design shall abide by the requirements of the Uptown Hamel zoning district and shall be consistent with the architectural design examples received by the City on 9/7/2021. 10) The City Council will review the architectural design requirements submitted at the time of Final Plat and may determine at such time whether the information submitted is sufficient to satisfy the requirement for a site plan review of each building as described in Section 825.55 of City Code. If the City Council determines that the requirement for site plan review has been satisfied, each building shall be subject to administrative review by City staff for consistency with the site plan and architectural design requirements which accompanies the plat, relevant requirements of City Code, and the conditions noted herein. If the City Council determines that the requirement for site plan review has not been satisfied, approval of a Site Plan Review shall be required pursuant to Section 825.55. 11) Subject to agreement with the City, the development shall utilize the stormwater pond to the west for reuse for lawn irrigation if practical. If it is demonstrated that it is impractical to utilize the pond for reuse, the homes within the subdivision shall be permitted to connect lawn irrigation systems to the City water system, pursuant to Subd. 3(b)(ii) of Section 710.75. Resolution No. 2021-63 2 September 21, 2021 12) The Developer shall meet the requirements of the wetland protection ordinance, including provision of easements, planting of vegetation and installation of signage. 13) The Developer shall execute and record a private road agreement in a form and of substance acceptable to the City Attorney related to access to and maintenance of the shared driveway. 14) The Developer shall submit a letter of credit in an amount of 150% of the cost of site improvements to ensure completion. 15) The Developer shall pay a park dedication fee of $59,500 as cash -in -lieu of land dedication. 16) The Developer shall obtain all permits required by Elm Creek Watershed, the Department of Health, the Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 17) The Developer shall provide title documentation at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 18) The final plat application shall be filed within 180 days of the date of this resolution 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. 19) The Developer 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. Dated: September 21, 2021. By: Kathleen Martin, Mayor Attest: By: l /A Jodi . Gallup, City Clerk 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, DesLauriers, Martin, Reid And the following voted against same: (Recused: Cavanaugh) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021-63 3 September 21, 2021 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Raskobs Elm Creek Addition, Hennepin County, Minnesota Resolution No. 2021-63 4 September 21, 2021