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HomeMy Public PortalAbout2023-13 Resolution Granting Pre Plat for Loram Industrial AdditionResolution No. 2023-13 February 7, 2023 Member Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-13 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR LORAM INDUSTRIAL ADDITION WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Loram Maintenance of Way, Inc. (the “Owner”) owns certain property located east of Arrowhead Drive and south of Highway 55 (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, Scannell Properties (the “Applicant”) has requested preliminary approval of a plat to subdivide the Property into four lots for industrial/commercial development and two outlots to contain common improvements and space; and WHEREAS, the preliminary plat is tentatively proposed to be called Loram Industrial Addition; and WHEREAS, on October 11, 2023, 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 preliminary plat subject to a series of terms and conditions; and WHEREAS, on January 17, 2023, the City Council reviewed the proposed preliminary plat, considered the recommendation of the Planning Commission and heard additional testimony; and 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. Resolution No. 2023-13 2 February 7, 2023 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary plat approval for Loram Industrial Addition, 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 11/21/2022 and landscaping plans dated 12/27/2022, except as may be modified herein. The design of all improvements shall be subject to review and approval by the City Engineer prior to construction. 3) The Applicant shall satisfy park dedication requirements as determined by the City Council at the time of final plat application and in accordance with relevant regulations. Park dedication may, at the discretion of the City Council, include dedication of land for park and trail or other permissible purposes, cash-in-lieu of land dedication, or a combination of land and cash as authorized in the City’s subdivision ordinance and fee schedule. 4) The plat shall dedicate drainage and utility easements as recommended by the City Engineer, including but not limited to, adjacent to the perimeter of the lots, over all water mains and hydrants, over stormwater improvements, and over all wetland areas. 5) The plat shall be subject to the City’s wetland protection ordinance, including provision of minimum required upland buffers adjacent to wetlands on the site and vegetation establishment, and the Developer shall execute and record a Wetland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney. 6) The Applicant shall execute and record access easements or other instruments in a form and of substance acceptable to the City Attorney to provide adequate access and circulation between the lots to accommodate the Applicant’s proposed integrated development. 7) 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. 8) Sewer and watermain improvements within the lots shall be privately maintained. The mains along the southern property line shall be dedicated as public improvements upon completion. 9) The Applicant shall address the comments of the City Engineer and the Applicant shall submit updated plans prior to or at the time of final plat application which address the comments. 10) The Applicant shall update plans and construct turn lane improvements on Arrowhead Drive, as recommended by Hennepin County Transportation, as part of the subdivision improvements. 11) The plat shall be updated to dedicate right-of-way with a width of 70’ along the east of Lot 1, Block 2. 12) No development or construction is proposed or approved upon Lot 1, Block 2 at this time. Development or construction upon Lot 1, Block 2 shall be expressly conditioned upon construction of roadway improvements to the satisfaction of the City which provide access to the parcel. This may include, but is not necessarily limited to, the developer entering into a petition and waiver agreement with the City related to assessments towards the costs of necessary improvements to the Tamarack Drive and Highway 55 intersection. Resolution No. 2023-13 3 February 7, 2023 13) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements prior to commencing construction in order to ensure completion. 14) The Applicant 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. 15) 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. 16) The final plat application shall be filed within 180 days of the date of the resolution granting preliminary approval 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. 17) 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. Dated: February 7, 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 Martin and upon vote being taken thereon, the following voted in favor thereof: Cavanaugh, DesLauriers, Martin, Reid And the following voted against same: (Absent: Albers) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-13 4 February 7, 2023 EXHIBIT A Legal Description of the Property