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Home My Public Portal About2023-64 Resolution Granting Preliminary Plat Cates Industrial ParkResolution No. 2023-64 May 16, 2023 Member Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-64 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR CATES INDUSTRIAL PARK WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jeffrey S. Cates (the “Owner”) owns property located at 2575 Cates Ranch Drive, east of Willow Drive and north of Chippewa Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, Oppidan Investment Company, Inc. (the “Applicant”) has requested preliminary approval of a plat to subdivide the Property into two lots for industrial/warehouse development and an outlot to contain common improvements and space; and WHEREAS, the preliminary plat is tentatively proposed to be called Cates Industrial Park; and WHEREAS, on March 14, 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 April 18, 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. g. The proposed subdivision will generate more intensive uses, traffic, and activity in the area and the broader community, and the park dedication required below is based upon Resolution No. 2023-64 2 May 16, 2023 the City’s prior study of its needs for new park, trail, and recreational facilities and the requirements established to address such needs. Said dedication provides a roughly proportionate estimate of the additional need for parks and recreational facilities generated by the proposed subdivision. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary plat approval for Cates Industrial Park, 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 5/5/2023, except as may be modified herein. The Applicant shall submit updated construction plans at the time of final plat application. The design of all improvements shall be subject to review and approval by the City Engineer prior to construction. 3) Approval shall be contingent upon dedication of public right-of-way over Outlot A, Cates Ranch as contemplated in the preliminary plat and upon a determination by the City Attorney that such dedication is clear of any title concerns or restrictions of use. 4) The Applicant shall enter into an agreement with the City related to Applicant’s responsibility for all maintenance of the portion of Cates Ranch Drive which provides access to the proposed development until such time that a public street is established by the City to continue past the proposed development to provide access to other nearby property. Said agreement shall meet all requirements of the City Attorney. 5) Preliminary approval is contingent upon approval of a wetland replacement plan to accommodate the proposed street improvements. 6) To satisfy park dedication, the Owner shall dedicate trail easements along the south, east, and west of the Property as indicated in the plans dated 5/5/2023 and pay to the City cash- in-lieu of additional dedication in an amount equal to 3.84% of the pre-developed market value determined by the City Council at the time of final plat review. 7) 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 public sanitary sewer mains and stormwater improvements, and over all wetland areas and drainageways. 8) 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 Applicant shall execute and record a Wetland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney. The Applicant shall submit documentation at the time of final plat application to confirm average buffer width requirements are met. The Applicant shall update buffer plans as necessary to meet relevant requirements. 9) 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. 10) The Applicant shall submit a full tree survey and tree preservation and replacement plan at the time of final plat application. Construction plans shall be updated to provide any required tree replacement. Resolution No. 2023-64 3 May 16, 2023 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) Sewer and watermain improvements within the lots shall be privately maintained except for the 12” watermain loop and eastern portion sanitary sewer. The Applicant shall update plans to differentiate between public and private utility lines. 13) The Applicant shall provide full construction plans for the proposed improvements to Willow Drive and Chippewa Road, which are indicated on sheet C400 of the plans dated 5/5/2023, at the time of final plat application. These plans shall be subject to review and approval by the City Engineer and Minnesota Department of Transportation. The Applicant shall construct the turn lane and street improvements as part of the subdivision improvements. The Applicant’s preliminary plans indicate that the proposed improvements will require additional right-of-way and easements on other property which is owned by the Owner. The Owner shall grant right-of-way and easements to the satisfaction of the City to accommodate the proposed improvements, or the Applicant shall update the plat and plans to otherwise ensure that the improvements can be constructed within public right-of-way. 14) The Applicant shall provide for traffic camera infrastructure at the Highway 55/Willow Drive traffic signal as recommended by MnDOT. 15) The plat shall be updated to dedicate right-of-way as recommended by the City Engineer. 16) 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. 17) The Applicant shall provide a title commitment at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters. 18) 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. 19) 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. 20) 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: May 16, 2023. ______________________________ Kathleen Martin, Mayor ATTEST: _______________________________ Caitlyn Walker, City Clerk Resolution No. 2023-64 4 May 16, 2023 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: Cavanaugh, DesLauriers, Martin, Reid And the following voted against same: (Absent: Albers) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-64 5 May 16, 2023 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Cates Ranch Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property)