The URL can be used to link to this page

Home My Public Portal About2023-83 Reso Preserve Medina Pre Plat PUDResolution No. 2023-83 August 2, 2023 Member Reid introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-83 RESOLUTION GRANTING PRELIMINARY PLAT AND PUD GENERAL PLAN APPROVAL FOR PRESERVE OF MEDINA WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, H.L. Anderson, LLC, H.C. Anderson, LLC, H.J. Anderson, LLC, and P.B. Anderson, LLC (collectively the “Applicant”) own property east of Holy Name Drive and northeast of Lakeview Road which is legally described in Exhibit A, attached hereto (the “Property”); and WHEREAS, the Applicant has requested approval of a planned unit development general plan and preliminary plat to subdivide and develop the Property into five rural lots; and WHEREAS, the Applicant proposes to restore and create new wetlands and create buffer areas within Outlot A which are larger than would be required by standard regulations; and WHEREAS, the preliminary plat is tentatively proposed to be called Preserve of Medina; and WHEREAS, on June 13, 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 general plan and preliminary plat; and WHEREAS, on July 18, 2023, the City Council reviewed the proposed general plan and preliminary plat, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, regarding the purpose of the Planned Unit Development regulations, the City Council finds that the proposed Planned Unit Development: a. Supports innovation in development to the end of conservation, enhancement, and restoration of wetland areas, buffers, and open space within the subdivision; b. Maintains open space in portions of the development site; c. Effectuates the objectives of the Comprehensive Plan; d. Results in a more desirable environment than might be possible through strict application of zoning and subdivision regulations; 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: Resolution No. 2023-83 2 August 2, 2023 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. The site is physically suitable for the proposed density of development and meets minimum lot size standards as established in the planned unit development; 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; and f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of the PUD general plan and preliminary plat approval for Preserve of Medina, subject to the following terms and conditions: 1) The approval of the PUD and preliminary plat shall be contingent upon creation, restoration, and long-term maintenance of wetlands and buffer areas as contemplated in the general plan. 2) The Applicant shall provide information necessary to establish the base flood elevation at the time of final plat application. 3) De minimis modifications to the sizes and layouts of the lots and wetland areas shown in the preliminary plat may be approved at the discretion of the City Council at the time of final plat following additional and necessary engineering work by the Applicant. 4) The plat shall provide all drainage and utility easements as recommended by the City Engineer, including along the perimeter of lots, over outlots, and over all wetlands, drainageways, and stormwater improvements, which shall include, but certainly not be limited toa minimum 15 foot-wide drainage and utility easement adjacent to the Holy Name Drive right-of-way. 5) The plat shall provide all right-of-way as recommended by the City Engineer, including, but not limited to, a minimum of 33-feet from the existing centerline of Holy Name Drive. 6) The Applicant shall dedicate a trail easement 25 feet in width adjacent to the eastern property line from the northeast corner of the site to a point approximately 1110 feet south. The Applicant shall also pay a fee of $14,000 in-lieu of additional land dedication. 7) Lots 1 and 2 shall install Type I or Type IV ISTS systems upon initial development. 8) The general plan of development shall be updated to specify a minimum setback of 150’ for animal structures from property lines abutting property which is not part of the PUD. The setback for animal structures may be reduced to 50’ from property lines adjacent to other property within the PUD. 9) The Applicant shall provide evidence satisfactory to the City Engineer that the drain tile is functional to be part of proposed drainage system of the Property. The Applicant shall also ensure that any alterations to the drain tile or drainage of the site does not negatively impact drainage. 10) Easement and maintenance instruments in a form approved by the City Attorney shall be recorded to ensure perpetual access for benefiting lots and long-term maintenance of the proposed shared driveways within Outlots B and C of the preliminary plat. Driveway Resolution No. 2023-83 3 August 2, 2023 locations shall be subject to review and approval by the City Engineer and Public Works Director. 11) The Applicant shall provide information on tree preservation, removal and replacement at the time of final plat application and shall otherwise adhere to all City ordinances related to tree preservation. 12) Except as explicitly noted within the Planned Unit Development, future owners of the Property or applicants shall abide by relevant City requirements. 13) The Applicant shall enter into a development agreement with the City, which shall include the conditions described herein as well as other requirements of city ordinance or policy. 14) The Applicant shall install all improvements shown on the plans dated ______, except as may be modified herein. The Applicant shall submit construction plans prior to or at the time of final plat application and address all comments of the City Engineer. 15) 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. 16) The Applicant shall meet the requirements of the wetland protection ordinance including but not limited to: execution and recordation of Upland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney, planting of appropriate vegetation, and installation of signage. 17) The Applicant shall make provisions to the satisfaction of the City Council for the long-term monitoring and maintenance of the wetland and buffer areas within Outlot A of the preliminary plat. Said Outlot A may be deeded to the City only if an agreement in a form and of substance acceptable to the City is entered into between the Minnehaha Creek Watershed District, the Applicant, and the City regarding the long-term monitoring and maintenance of the wetland and buffer areas within Outlot A and all costs associated therewith. Any such agreement and associated land conveyance must follow all requirements of the City, including those related to forms, title work, and sequencing of recording. 18) The Applicant shall provide title evidence prior to or at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 19) The final plat application shall be filed within 180 days of the date of this resolution or the approval hereby granted 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 obtain any required permits from other agencies, including but not limited to the Minnesota Pollution Control Agency and Minnehaha Creek Watershed District. 21) 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: August 2, 2023. By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk Resolution No. 2023-83 4 August 2, 2023 The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, Reid, Martin And the following voted against same: (Absent: DesLauriers) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-83 5 August 2, 2023 EXHIBIT A Legal Description of the Property [to be platted as Preserve of Medina, Hennepin County, Minnesota]