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HomeMy Public PortalAbout2022-84 - Reso-Pioneer_Highlands_Pre_Plat Resolution No. 2022 -84 October 18, 2022831906.v1 Member Albers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-84 RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE PIONEER HIGHLANDS PLAT WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Onyx Performance Investments, LLC (the “Applicant”) is the fee owner of the property located southeast of Willow Drive and southwest of Pioneer Trail (the “Property”) which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicant has requested preliminary plat approval for Pioneer Highlands, a subdivision of the Property into four lots; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 13, 2022, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the preliminary plat; and WHEREAS, the Park Commission reviewed the request at the September 21, 2022 meeting, reviewed park dedication requirements, and recommended cash-in-lieu of land dedication; and WHEREAS, the City Council reviewed the request at the October 4, 2022 meeting, reviewed the testimony, and considered the recommendation of the Planning Commission and Park 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 site is physically suitable for the proposed density and the proposed lots meet minimum lot size standards. 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. Resolution No. 2022 -84 October 18, 2022831906.v1 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary approval of the Pioneer Highlands plat, subject to the following terms and conditions: 1. The Applicant shall provide drainage and utility easements as described in this staff report around the perimeter of each lot and Outlot A, and over all wetlands, stormwater improvements, and drainageways as recommended by the City Engineer. 2. The plat shall dedicate a minimum of 33-feet of right-of-way for Pioneer Trail, or more if necessary, to provide 33-feet from the centerline of the existing roadway. 3. The Applicant shall provide documentation to verify that the minimum average upland buffers have been provided and shall meet the requirements of the wetland protection ordinance, including provision of easements, planting of vegetation and installation of signage. 4. The Applicant shall provide and record an instrument that grants requisite easements for the shared driveway to ensure perpetual access for all lots, which shall meet all requirements of the city, at time of final plat. 5. The Applicant shall quantify the maximum footprint of impervious surface for which stormwater management is provided for each lot. 6. Lot 3 shall provide culverts and easements for drainage crossings prior to getting a building permit. 7. This approval is contingent upon approval of a letter of map amendment for floodplains. 8. The Applicant shall pay cash-in-lieu of park land in an amount of $32,000.00. 9. The Applicant shall enter into a development agreement with the City that meets all requirements of the City Attorney, which shall include the conditions described herein as well as all other requirements of city ordinance or policy. 10. The Applicant shall install all improvements shown on the plans dated August 29, 2022, 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 dated September 8, 2022, meet Pioneer-Sarah Watershed regulations and Elm Creek Watershed regulations, and other relevant staff and agencies and the conditions noted herein. The plans shall be subject to review and approval by the City Engineer. 11. 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. 12. The Applicant shall obtain all permits required by Pioneer-Sarah Watershed Management Commission and Elm Creek Watershed Management Commission. 13. The Applicant shall provide title evidence prior to or at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 14. 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. 15. 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 -84 October 18, 2022831906.v1 Dated: October 18, 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 Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, Martin And the following voted against same: (Absent: DesLauriers, Reid) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022 -84 October 18, 2022831906.v1 EXHIBIT A Legal Description of the Property PID 0911823110002 Abstract Property