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HomeMy Public PortalAbout2010-020 Resolution Granting Preliminary Plat Approval for Cavanaugh's Meadowwoods ParkMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2010-20 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR CAVANAUGH'S MEADOWWOODS PARK, LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 55 AND ARROWHEAD DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Wilfred Cavanaugh (the "Owner") is the owner of certain property located at the northwest corner of Highway 55 and Arrowhead Drive in Hennepin County, Minnesota (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, Open Systems International, Inc. (the "Applicant") and the Owner have requested approval from the City of a plat which would subdivide the Property into one lot and three outlots; and WHEREAS, the planning commission held a duly called public hearing on February 9, 2010, where testimony was heard from the Applicant, Owner, city staff, and other interested parties; and WHEREAS, the planning commission recommended preliminary approval of the plat, to be know as "Cavanaugh's Meadowwoods Park," subject to certain terms and conditions; and WHEREAS, on March 2, 2010, the city council reviewed the preliminary plat for conformance with City ordinances, considered the recommendations of the planning commission and heard comments from interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that preliminary plat approval be granted to the Owner and Applicant, subject to the following terms and conditions: (1) Approval of this preliminary plat does not include approval of construction or grading operations. Site Plan Review approval shall be required prior to issuance of a building permit on Lot 1, Block 1. (2) No development is proposed or approved at this time on Outlots A, B, or C. Future development shall be reviewed for compliance with relevant regulations consistent with the City Code prior to issuance of any building permits. Resolution No. 2010-20 March 16, 2010 (3) Prior to issuance of any building permit on Outlots A, B, or C, the Outlots shall be required to be replatted consistent with City regulations. (4) The Owner shall obtain final approval of wetland delineation prior to approval of Final Plat, and the Final Plat shall dedicate drainage easements over wetlands (5) Outlot C shall access Arrowhead Drive via a shared driveway with Lot 1, Block 1. The Owner shall execute and record easements and agreements as approved by City staff related to the driveway on Lot 1, Block 1 which benefits Outlot C. The agreement shall include maintenance provisions. (6) The Owner and Applicant acknowledge that the Lot 1, Block 1 and Outlot C are benefited by allowing construction of the driveway in the proposed location and that the proposed driveway location contributes to the need for future public improvements or the possible need to realign Meander Road. The Owner and Applicant shall enter into a petition and waiver agreement, the terms and conditions of which shall be acceptable to the City, to be responsible for, at the discretion of the City, installing a northbound left - turn lane or an equivalent contribution to the cost of other improvements which alleviate traffic movement interference between Meander Road and the proposed driveway location. Park dedication is not being collected for Outlots A, B, and C at this time, and shall be required when the Outlots are replatted. The amount of dedication shall be determined during the process of platting the Outlot(s) in question, based on relevant regulations and property values at that time. The owner(s) of the Outlots shall execute documentation acknowledging this requirement to be recorded against the Outlots. Lot 1, Block 1 shall be subject to park dedication requirements as follows: (a) The western 5.5 acres of Lot 1, Block 1 shall be required to be maintained as open space. This area shall not be dedicated to the public, but shall be subtracted from the buildable area of the property in the determination of required park dedication. Use of this open space shall be limited to soft trails and open picnic areas. Construction of any structure in this open space area shall be reviewed by the City Council to determine if such construction is consistent with the maintenance of the area as open space. (b) The Owner of Lot 1, Block 1 shall dedicate an easement 15 feet in width adjacent to Arrowhead Drive for trail purposes. (c) The Owner of Lot 1, Block 1 shall pay $69,020 cash -in -lieu of dedicating additional property for parks and trail purposes. Payment may be made over a 3-year period, but at least 1/3 of the total shall be paid prior to a building permit being issued. The western 5.5 acres of Lot 1, Block 1 shall be excluded from the actual lot area when calculating hardcover/green space requirements because this area is to be maintained as additional open space and has been subtracted from the buildable acres of the lot for the purposes of park dedication. (7) (8) (9) (10) Additional Park Dedication in the amount. of 16,117 square feet of buildable land or, at Resolution No. 2010-20 2 March 16, 2010 this City's discretion, the cash -in -lieu equivalent shall be required from the Owner of Lot 1, Block 1 if: (a) The Owner no longer maintains the western 5.5 acres of Lot 1, Block 1 as open space as described in condition 7(a) above; or (b) The Owner no longer excludes the western 5.5 acres of Lot 1, Block 1 from the actual lot area when calculating hardcover/green space requirements. (11) The Owner shall dedicate easements as recommended by the City Engineer. Easements are not proposed over wetland and floodplain areas of Outlots A, B and C at this time, but will be required upon replatting. (12) The Owner shall meet the requirements of the City Attorney with regards to title issues and platting procedures. (13) Fifty feet of right-of-way shall be dedicated for the first 500 feet of Arrowhead Drive north of Highway 55. Thirty-three feet of right-of-way shall be dedicated for Chippewa Road, Mohawk Drive, and the remaining portion of Arrowhead Drive. (14) The Owner of Outlot B shall be required to identify a viable alternative to access a public roadway upon future development or replatting of this property. (15) The Owner shall provide easements over Upland Buffers on Lot 1, Block 1, as required by Section 828.43 of the City Code. These easements shall be a separate instrument and shall not be shown on the plat. (16) The final plat shall abide by the requirements and recommendations of the Elm Creek Watershed, Hennepin County, and Minnesota Department of Transportation. (17) The application for final plat must be submitted to the City within 180 days of preliminary plat approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. (18) 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 and other relevant documents. Dated: March 16, 2010 ATTEST: Chad M. Adams, City Administrator -Clerk Resolution No. 2010-20 March 16, 2010 3 Carolyn A. ith, Acting Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Siitari and upon vote being taken thereon, the following voted in favor thereof: Weir, Siitari, Smith And the following voted against same: (Absent: Crosby, Johnson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2010-20 4 March 16, 2010