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HomeMy Public PortalAbout2022-43 Resolution Granting Preliminary Plat for Hamel TownhomesResolution No. 2022 -43 1 June 7, 2022ME230-771-797111.v1 Member Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-43 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS “HAMEL TOWNHOMES” WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Hamel Townhomes LLC (the “Applicant”) has made an application for a preliminary plat for the subdivision of two existing parcels of real property at 342 Hamel Road and immediately to the east (collectively, the “Property”) which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicant is proposing to develop the 2.1 acre Property with 30 townhome units; and WHEREAS, the Property is zoned UH, Uptown Hamel; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 12, 2022, heard testimony from City staff, the Applicant, and interested parties, and following such hearing recommended denial of the preliminary plat; and WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning Commission recommendation on May 3, 2022, and heard testimony from interested parties; 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 UH 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 right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the preliminary plat of the subdivision to be tentatively named “Hamel Townhomes” subject to the terms and conditions herein: Resolution No. 2022 -43 2 June 7, 2022ME230-771-797111.v1 1. The plat shall provide drainage and utility easements over all utilities, stormwater improvements, and drainageways as recommended by the City Engineer. 2. The preliminary plat dated February 14, 2022 shall be updated such that the private road is entirely located within an outlot. 3. The Applicant shall pay park dedication fee in lieu of land dedication in an amount of 8% of the pre-developed market value of the property, with a minimum of $3500 per lot, with market value to be determined at time of final plat application. 4. The Applicant shall enter into a development agreement with the City, which shall include the conditions of this approval, as well as other requirements of city ordinance or policy or as noted in the staff report reviewed by Council on May 3, 2022. 5. The Applicant shall install all improvements shown on the plans dated March 22, 2022 except as may be modified herein or upon review and approval of the final plat application. 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 District, other relevant staff and agencies and the conditions noted herein. The plans shall be subject to review and approval by the City Engineer, and all comments from the City Engineer shall be addressed. 6. 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. 7. The Applicant shall provide title evidence prior at the time of final plat application and abide by the requirements of the City Attorney with regard to title matters and recording instructions. 8. The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements prior to commencing construction activity to ensure completion. 9. 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. 10. The Applicant shall execute and record a Private Road Maintenance and Easement Agreement in a form and of substance acceptable to the City Attorney. 11. The City’s tree preservation requirements shall be met. 12. The Applicant shall submit Homeowner Association documents for review and approval of the City Attorney that address matters including, but not limited to: maintaining the architectural integrity of the subdivision, regulating storage on front porches facing Hamel Road, and maintaining common improvements such as the private road, stormwater improvements, landscaping, private and adjacent public sidewalks, and private recreational amenities. 13. The final plat application shall be filed 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. 14. 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, construction plans, and other relevant documents. Resolution No. 2022 -43 3 June 7, 2022ME230-771-797111.v1 Dated June 7, 2022. 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, Reid And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022 -43 4 June 7, 2022ME230-771-797111.v1 EXHIBIT A Legal Description of the Property That part of Lot 18 Auditor’s Subdivision No. 241, Hennepin County, Minnesota, described as follows: Commencing at a point on Northerly line of Rockford Road distant 552.5 feet Northwesterly from Southwest corner of Lot 16, Auditor’s Subdivision No. 241, said point to be known as Point “A”, thence Northwesterly along said Northerly road line distant 175 feet, thence Northeasterly parallel with Northwesterly line of said Lot 16 to Southerly right-of-way line of Soo Line Railroad, thence Southeasterly along said right-of-way line distant 80 feet to actual point of beginning; thence Southerly to said point “A”; thence Southeasterly along said Northerly road line distant 115 feet; thence Northeasterly parallel with Northwesterly line of said Lot 16, to Southerly right-of-way line of said Railroad; thence Northwesterly along said right-of-way line to beginning. and That part of Lot 18 Auditor’s Subdivision No. 241, Hennepin County, Minnesota, described as follows: Commencing at a point where the Northwesterly line of Lot 16, Auditor’s Subdivision No. 241 intersects the Northeasterly right-of-way line of the Rockford Road; thence Northwesterly along said right-of-way line 552.5 feet to the actual point of beginning; thence continuing Northwesterly along said right-of-way line 175.0 feet; thence Northeasterly parallel with the Northwesterly line of said Lot 16 a distance of 323.6 feet more or less to the Southwesterly right- of-way line of the Soo Line Railroad; thence Southeasterly along said railroad right-of-way line 80.0 feet; thence Southerly to the point of beginning.