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HomeMy Public PortalAbout2010-029 Resolution Granting Final Plat Approval for Cavanaugh's Meadowwoods ParkMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2010-29 RESOLUTION GRANTING FINAL 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, Arrowhead Holdings, LLC, previously 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 city council granted preliminary approval of the plat, to be known as "Cavanaugh's Meadowwoods Park," on March 16, 2010, subject to certain terms and conditions; and WHEREAS, the Applicant has provided a final plat document consistent with those terms and conditions; and WHEREAS, on May 4, 2010, the city council reviewed the final plat for its conformance with the City's ordinances and the terms and conditions of preliminary approval, considered the recommendations of staff and heard comments from interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that approval be granted to the Owner and Applicant for the plat of Cavanaugh's Meadowwoods Park, subject to the following terms and conditions: (1) Approval of this plat does not include approval of construction or grading operations. (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. 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. Easements are not proposed over wetland and floodplain areas of Outlots A, B and C at this time, but will be required upon replatting. (3) Resolution No. 2010-29 May 4, 2010 . (4) The Owner shall meet the requirements of the City Attorney with regards to title issues and platting procedures. (5) The plat does not identify drainage and utility easements over a portion of an existing wetland along the northern property line of Lot 1, Block 1. The Applicant has proposed to fill this portion of wetland and has applied for approval to do so. Within 90 days of the date of this resolution, the owner of Lot 1, Block 1 shall obtain approval of a wetland replacement permit for this proposed wetland impact. If approval is not obtained, the owner of Lot 1, Block 1 shall grant a drainage and utility easement over the existing wetland. (6) Outlot C shall access Arrowhead Drive via a shared driveway with Lot 1, Block 1. No additional access points will be permitted onto Arrowhead Drive along the frontage of Outlot C. 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. 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. 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. (7) (8) (9) (10) The western 5.5 acres of Lot 1, Block 1 shall be excluded from the actual lot area when Resolution No. 2010-29 2 May 4, 2010 Dated: May 4, 2010. ATTEST: Chad M. Adams, City Administrator -Clerk 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. (11) Additional Park Dedication in the amount of 16,117 square feet of buildable land or, at the 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. (12) 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. (13) The Owner shall deed access control related to State Highway No. 55 to the Minnesota Department of Transportation. (14) The Owner shall execute and record documentation acknowledging the terms and conditions of this resolution which will apply to the future development of the Outlots. (15) The plat shall be filed with Hennepin County Recorder within 120 days of the date of this resolution or the final plat shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the city council; and (16) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat and other relevant documents.Q-1\2 T.M. Crosby, Jr., ay The motion for the adoption of the foregoing resolution was duly seconded by member Johnson and upon vote being taken thereon, the following voted in favor thereof: Smith, Johnson, Crosby, Siitari, Weir And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2010-29 3 May 4, 2010