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Home My Public Portal About2022-33 Resolution Granting Final Plat Approval for Marsh PointeResolution No. 2022-33 May 3, 2022 Member DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-33 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR MARSH POINTE PRESERVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, BPS Properties, LLC (the “Applicant”) owns property at 4250-4292 Arrowhead Drive (the “BPS Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the City owns a 30-foot wide strip of land surrounded by the BPS Property (the “City Parcel”), which is legally described in Exhibit B, attached hereto; and WHEREAS, the Applicant intends to acquire the City Parcel to be included within the subdivision and development of the BPS Property; and WHEREAS, the BPS Property and City Parcel are collectively referred herein as the “Property;” and WHEREAS, on March 1, 2022 the City Council adopted Resolution 2022-15, granting planned unit development general plan and preliminary plat approval to subdivide and develop the Property into 30 detached single-family lots; and WHEREAS, on March 1, 2022, the City Council also adopted Ordinance No. 683, establishing a planned unit development district for Marsh Pointe Preserve, which was intended to regulate development upon the Property pursuant to the City’s Planned Unit Development regulations; and WHEREAS, on May 3, 2022, the City Council reviewed the plat for consistency with the approved preliminary plat and compliance with the terms and conditions of preliminary approval; and WHEREAS, upon review of the final plat the Council finds that, subject to certain terms and conditions, the plat is substantially consistent with the approved preliminary plat and the terms and conditions thereof, the requirements of the City’s subdivision regulations, and the requirements, terms and conditions of the underlying planned unit development district. Resolution No. 2022-33 2 May 3, 2022 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval for Marsh Pointe Preserve, subject to the following terms and conditions: 1) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements of city ordinance or policy. 2) The Applicant shall install all improvements shown on the plans dated March 30, 2022 except as may be modified herein. The Application shall updated to address the comments of the City Engineer, Fire Marshal, Elm Creek Watershed District, other relevant staff and agencies and the conditions noted herein. 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, including, but not limited to, adding easements along the north, east, and west of Outlot B. 4) The Applicant shall meet the requirements of the wetland protection ordinance, including provision of easements, planting of vegetation and installation of signage. 5) Homes constructed within the PUD shall be consistent with the architectural requirements approved by the City Council at the time of final plat approval and as described in Ordinance 683. 6) Landscaping may be allowed within the right-of-way southeast of the intersection of Marsh Pointe Ct. and Arrowhead Drive if approved by City staff, but may be removed at any time if deemed necessary by the City, in its sole discretion. 7) The Applicant shall construct right turn improvements on Arrowhead Drive at the proposed intersection with Marsh Pointe Ct. as recommended by the City Engineer. 8) The Applicant’s construction plans anticipate sanitary sewer and watermain lines being extended from Arrowhead Drive to the Property as part of adjacent improvements being constructed to Arrowhead Drive by another party. If such improvements are not installed, the Applicant shall update the plans for review and approval by the City Engineer and shall be responsible to extend services to the Property. 9) The Applicant shall grant trail easements as recommended by City staff for the trails shown on the plans and for the two possible locations for an extension of the Diamond Lake Regional Trail as depicted in the staff report presented to the council on the date of this resolution. The Applicant shall pay a park dedication fee of $123,362 in lieu of additional land dedication. 10) The Applicant has represented to the City that it has agreements with the owners of parcels to the north of the Property related to the removal of dead trees and invasive species and installation of new landscaping that it has access to those parcels to perform the required work. Such work shall be included as required subdivision improvements in the development agreement. 11) Landscaping adjacent to the trail shall be installed in a way which does not interfere with maintenance of the trail when mature. 12) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements to ensure completion. 13) The Applicant shall execute and record a Stormwater Maintenance Agreement in a form and of substance acceptable to the City Attorney to describe the responsibility of the property owners to maintain the private stormwater improvements. Resolution No. 2022-33 3 May 3, 2022 14) The Property shall be subject to the City’s lawn and landscaping irrigation regulations. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. 15) The Applicant shall obtain all permits required by Elm Creek Watershed District, the Minnesota Department of Health, the Minnesota Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 16) The Applicant shall address the comments of the City Attorney with regard to the plat opinion, title matters and recording instructions. 17) The Applicant shall execute and record a declaration against the Property that meets the satisfaction of the City Attorney to ensure that no more trees are removed from the Property than what is otherwise authorized as part of the approved plans unless said trees are replaced as required by the City tree preservation ordinance. 18) The Applicant shall satisfy and otherwise adhere to all state and local flood protection requirements. 19) The Applicant shall, prior to recording the final plat, acquire from the City fee title to the City Parcel for $1,850, and such acquisition shall be consummated pursuant to terms and conditions acceptable to the City Attorney. The City hereby approves the lot split that is otherwise necessary to achieve such conveyance, and approves the sale of the Property for the aforementioned price and pursuant to the additional terms contained in the development agreement. 20) The plat shall be recorded with the Hennepin County Registrar of Titles and Hennepin County Recorder within 180 days of the date of this resolution or the approval hereby granted shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 21) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat, construction plans, and other relevant documents. Dated: By: ________________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, 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, Cavanaugh, DesLauriers, Martin And the following voted against same: (Absent: Reid) Resolution No. 2022-33 4 May 3, 2022 None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022-33 5 May 3, 2022 EXHIBIT A Legal Description of the BPS Property The North 467 feet of the East 467 feet of the West 1122 feet (68 rods) of the Southwest 1/4 of Section 2, Township 118 North, Range 23 West of the Fifth Principal Meridian, Hennepin County, Minnesota (Abstract) And Lot 1, Block 1,and Outlot B, Arrowhead Estates, according to the record thereof, Hennepin County, Minnesota (Abstract) And Par 1: That part of Government Lot 4, Section 2, Township 118, Range 23, Hennepin County, Minnesota, including the accretions thereto, lying and being northwest of the centerline of Hennepin County Ditch No. 26 and the Northeasterly extension thereof and Northeast of the following described line: Commencing at a point on the east line of Government Lot 4, Section 2, Township 118, Range 23, 400 feet North of the Southeast corner of said Government Lot 4; thence West on a line parallel to the South line of said Government Lot 4 a distance of 1000 feet to a point; thence Northwest to the Northwest corner of said Government Lot 4, and there ending. Said Government Lot 4, including accretions thereto, being described as follows, to-wit; Government Lot 4, including the accretions to Government Lot 4, Section 2, Township 118, Range 23, all described as commencing at the North Quarter corner of said Section 2; thence on an assumed bearing of South 0 degrees 24 minutes 35 seconds West, along the North and South centerline of said Section 2 a distance of 608.56 feet; thence South 6 degrees 47 minutes 43 seconds West, a distance of 817.18 feet; thence South 36 degrees 53 minutes East, a distance of 1040.00 feet to the actual point of beginning; thence North 36 degrees 53 minutes west, a distance of 500.00 feet; thence South 46 degrees 38 minutes 24 seconds West to the North line of said Government Lot 4; thence Westerly along said North line to the Northwest corner of said Government Lot 4; thence Southerly along the West line of said Government Lot 4 to the Southwest corner of said Government Lot 4; thence easterly along the South line of said Government Lot 4 to the Southeast corner of said Government Lot 4; thence Northerly along the North and South centerline of said Section 2, a distance of 1006.25 feet, more or less, to an intersection with a line bearing South 35 degrees 18 minutes 24 seconds West from the actual point of beginning; thence North 35 degrees 18 minutes 24 seconds East, 942.56 feet, more or less to the actual point of beginning. Par 2: The North 66 feet of the East 196.71 feet of the Northwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota. Par 3: The North 66 feet of the following described part of Government Lot 4 as measured at right angles to and drawn parallel with the North line of said Government Lot 4; That part of Government Lot 4, Section 2, Township 118, Range 23, lying and being West of the following described line: Commencing at the Southwest corner of Government Lot 4, Section 2, Township 118, Range 23; thence Northeast to a point 1000 feet West on a line drawn parallel to the South line of said Government Lot 4 from a point on the East line of said Government Lot 4, 400 feet North of the southeast corner of said Government Lot 4; thence Northwest to the Northwest corner of said Government Lot 4 and there ending. (Torrens Property) (Torrens Certificate No. 1361928) And Par 1: The East 196.71 feet of the Northwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, except therefrom the North 66 feet thereof. Par 2: That part of Government Lot 4, Section 2, Township 118, Range 23, lying and being West of the following described line: Commencing at the Southwest corner of Government Lot 4, Section 2, Township 118, Range 23; Resolution No. 2022-33 6 May 3, 2022 thence Northeast to a point 1000 feet West on a line drawn parallel to the South line of said Government Lot 4 from a point on the East line of said Government Lot 4, 400 feet North of the Southeast corner of said Government Lot 4; thence Northwest to the Northwest corner of said Government Lot 4 and there ending, except therefrom the North 66 feet thereof, according to the Government Survey thereof. (Torrens Property) (Torrens Certificate No. 1072649) Resolution No. 2022-33 7 May 3, 2022 Exhibit B Legal Description of the City Parcel That part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota, lying east of the West 1122.00 feet thereof and west of the East 196.71 feet thereof. (Abstract)