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Home My Public Portal About2023-07 Resolution Granting Pre Plat and PUD Genral Plan for Meander Park & BoardwalkResolution No. 2023-07 January 17, 2023 Member DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-07 RESOLUTION GRANTING PRELIMINARY PLAT AND PUD GENERAL PLAN APPROVAL FOR MEANDER PARK AND BOARDWALK WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Medina Ventures, LLC (the “Applicant”) owns property at 1472 State Highway 55 (the “Property”), located north of Highway 55 and east of Arrowhead Drive, which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicant has requested approval of a planned unit development general plan and preliminary plat to subdivide and develop the Property into four commercial lots, four twinhome lots, and outlots to contain common improvements and space; and WHEREAS, the preliminary plat is tentatively proposed to be called Meander Park and Boardwalk; and WHEREAS, on November 9, 2022, the Planning Commission held a duly noticed public hearing, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the general plan and preliminary plat; and WHEREAS, on January 10, 2023, the Planning Commission reviewed updated architectural information provided by the Applicant, accepted testimony from interested parties, and recommended approval of the general plan and preliminary plat; and WHEREAS, on December 6, 2022 and January 17, 2023, the City Council reviewed the proposed general plan and preliminary plat, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, regarding the purpose of the Planned Unit Development regulations, the City Council finds that the proposed Planned Unit Development: a. encourages a variety of uses to support economic expansion and a more efficient use of land; b. allows higher standards and more desirable building design; c. results in limited need for additional utilities or streets and therefor lowers future public investments; d. effectuates the objectives of the Comprehensive Plan; and e. results in a more desirable and creative environmental than might be possible through strict application of zoning and subdivision regulations. Resolution No. 2023-07 2 January 17, 2023 WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding 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 approval of the PUD general plan and preliminary plat approval for Meander Park and Boardwalk, 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 by City ordinance or policy. 2) The Applicant shall install all improvements shown on the plans dated 10/20/2022 and 09/09/2022 except as may be modified herein. The plans shall be updated to address the comments of the City Engineer and submitted for review in connection with final plat application. 3) The Applicant shall construct turn lane improvements on Meander Road as recommended by the City Engineer. 4) The Applicant shall execute and record instrument(s) in a form and of substance satisfactory to the City Attorney to ensure all lots have access to a public roadway. 5) The Applicant shall dedicate a trail easement along the north of Meander Road right-of- way and construct the trail to the crossing at the commercial access. The Applicant shall also pay $64,640 cash-in-lieu of additional parkland dedication. 6) The Applicant shall update plans to provide a secondary emergency access, the design of which shall be subject to approval by the Fire Chief and City Engineer. This emergency access shall maintained/plowed to ensure usability. 7) The Applicant shall submit emergency vehicle turning exhibits and adjust parking lot layout as necessary to ensure adequate circulation to the satisfaction of City staff. 8) Vehicle-resistant barriers or fencing shall be provided between Meander Road and the play area for the daycare. 9) The Applicant shall update plans to provide landscaping adjacent to the retail and restaurant buildings. 10) The Applicant shall update lighting plans such that light does not exceed 0.5 FC at the property line. 11) The plat shall dedicate drainage and utility easements over all water mains and hydrants, over stormwater improvements and in other locations recommended by the City Engineer. 12) The watermain and hydrants within the commercial lots shall be privately maintained. Resolution No. 2023-07 3 January 17, 2023 13) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements in order to ensure completion. 14) 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. 15) The PUD General Plan and Preliminary Plat shall be contingent upon approval and implementation of a Wetland Conservation Act Wetland Replacement Plan. 16) The Applicant shall establish Upland Buffers in the locations identified on the General Plan of Development. Such buffers shall meet the requirements of the wetland protection ordinance including but not limited to: execution and recordation of Upland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney, planting of appropriate vegetation, and installation of signage. 17) The commercial 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. 18) The Applicant shall update the architectural design of the restaurant and retail buildings to provide additional architectural elements to break up the roofline and the design shall be subject to approval by City staff prior to issuance of building permits for these structures. 19) The Applicant shall update the architectural design of the twinhomes to provide architectural elements to break up the roofline and the design shall be subject to approval by City staff prior to issuance of building permits for these structures. 20) The Applicant shall update the architectural design of the event venue building to provide additional window coverage on the northern façade facing Meander Road and on the western façade of the daycare building facing Meander Road. The design shall be subject to approval by City staff prior to issuance of building permits for these structures 21) The Applicant shall obtain all permits required by Elm Creek Watershed District, Minnesota Department of Transportation, the Minnesota Department of Health, the Minnesota Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 22) The Applicant shall enter into a petition and waiver with the City in a form and of substance acceptable to the City Attorney related to future assessment for construction of Tamarack Drive. 23) The Applicant shall provide proof of agreement(s) for off-site parking during peak usage that meets the satisfaction of the City. 24) The Applicant shall provide for ongoing active management of the lodging facilities located on the commercial property. 25) Building plans shall be subject to review and approval by City staff for general compliance with the general plan of development and Architectural Narrative document created by Villamil Architecture dated 12/22/2022, except as required to be modified herein. 26) 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. 27) The final plat application shall be filed within 180 days from 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. Resolution No. 2023-07 4 January 17, 2023 28) 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, general plan of development, construction plans, and other relevant documents. Dated: January 17, 2023. 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. 2023-07 5 January 17, 2023 EXHIBIT A Legal Description of the Property