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HomeMy Public PortalAbout2023-61 Resolution Loram-Scannell Final PlatResolution No. 2023-61 May 2, 2023 Member Albers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-61 RESOLUTION GRANTING FINAL 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, on February 7, 2023, the City Council adopted Resolution 2023-13, granting preliminary approval to plat the Property as Loram Industrial Addition, to include four lots for industrial/commercial development and two outlots to contain common improvements and space; and WHEREAS, the Owner has requested final approval of the Loram Industrial Addition plat; and WHEREAS, on May 2, 2023, the City Council reviewed the plat, reviewed the information provided by the Applicant and City staff, and heard testimony from interested parties; and WHEREAS, the City has previously, as part of its review and adoption of its comprehensive plan, conducted a study of the need for new park, trail, and recreational facilities created by new development, and this study deemed that projects of this type create additional demand for such facilities; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding plat based on the requirements of the City’s Subdivision Ordinance: a. The proposed plat is generally consistent with the approved preliminary plat. b. The conditions noted in Resolution 2023-13 have either been addressed or are included as conditions of this resolution and provisions to address the conditions are required within a Development Agreement, execution of which is required herein. c. This subdivision will generate more intensive uses, traffic, and activity in the area and the broader community. The park dedication required herein is based upon the abovementioned study of the need for new park, trail, and recreational facilities and the City’s park dedication requirements established to address such needs and provides a roughly proportionate estimate of the additional need for parks and recreational facilities generated by the proposed subdivision. Resolution No. 2023-61 2 May 2, 2023 d. The City Council finds that approval is appropriate based upon the criteria described in Subd. 10 of Section 820.21 of the subdivision ordinance. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval for Loram Industrial Addition, subject to the following terms and conditions: 1) The Owner 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 Owner shall install all improvements shown on the plans dated 4/6/2023, 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 and the Owner shall address the comments of the City Engineer. 3) To satisfy park dedication, the Owner shall: a) dedicate a trail easement with a width of 12’ adjacent to Arrowhead Drive; b) a trail easement over Lot 1, Block 2 as indicated in the staff report dated January 11, 2023; and 3) pay to the City $65,934.00 cash-in-lieu of additional dedication. 4) The Owner shall update the plat to 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 Owner shall implement the Wetland Replacement Plan to replace wetland impacts contemplated by development of the Property. 6) 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 Owner shall execute and record a Wetland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney. 7) The Owner 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 Owner’s proposed integrated development. 8) The Owner 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. 9) 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. 10) The Owner shall update plans to provide turn lane improvements on Arrowhead Drive, as recommended by Hennepin County Transportation and the Owner shall construct such improvements as part of the subdivision improvements. 11) The plat shall dedicate right-of-way with a minimum width of 50’ 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. 13) The Owner shall execute and record 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 Resolution No. 2023-61 3 May 2, 2023 improvements for Tamarack Drive which is anticipated to provide access for Lot 1, Block 2. 14) The Owner 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. 15) The Owner shall address the comments of the City Attorney plat opinion and abide by the recommendations of the City Attorney with regard to title matters. 16) The Owner shall obtain all permits required by Elm Creek Watershed District, Minnesota, Hennepin County, the Minnesota Department of Health, the Minnesota Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 17) The plat shall be recorded in the office of the Hennepin County Recorder within 180 days of the date of the resolution 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. 18) The Owner 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: May 2, 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 DesLauriers and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Reid, Martin And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-61 4 May 2, 2023 EXHIBIT A Legal Description of the Property