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HomeMy Public PortalAbout2023-94 Reso School Lake Preserve 3rd Addn Pre PlatResolution No. 2023-94 September 19, 2023 Member Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-94 RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF THE SCHOOL LAKE NATURE PRESERVE 3RD ADDITION PLAT WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, School Lake Nature Preserve, LLC (the “Owner”) owns property located at 2600 Parkview Drive (the “Property”), which is legally described as: Lot 2, Block 3 and Outlot G, School Lake Nature Preserve, Hennepin County, Minnesota; and WHEREAS, the Owner has requested both preliminary and final approval to subdivide the Property into one lot and two outlots as School Lake Nature Preserve 3rd Addition; and WHEREAS, the planning commission held a duly noticed public hearing on the preliminary plat on June 13, 2023, reviewed the information provided by the Owner and City staff, heard testimony from interested parties, and unanimously recommended approval of the preliminary plat; and WHEREAS, following the aforementioned public hearing, City staff directed the Owner to update the final plat to make lawfully required revisions and provide all title work required for city attorney review so that both preliminary and final plat could be considered by the city council concurrently, which was deemed appropriate under the circumstances; and WHEREAS, on September 20, 2023, the City Council adopted Ordinance No. 717, amending the School Lake Nature Preserve Conservation Design-Planned Unit Development District, which establishes land use controls pertaining to the Property, to accommodate the proposed plat; and WHEREAS, the City Council also reviewed the proposed plat on September 20, 2023, during which it also reviewed and considered the aforementioned recommendation of the planning commission and comments from City staff; and WHEREAS, subject to the fulfillment of the conditions noted below, the city council makes the following findings of fact in regard to the preliminary plat based on the requirements of the City’s 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. Resolution No. 2023-94 2 September 19, 2023 c. The site is physically suitable for the proposed density and the proposed lots meet minimum lot size standards. d. The proposed subdivision will not 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 rights-of-way. WHEREAS, upon review of the preliminary and final plat the city council finds that, subject to certain terms and conditions, the plat is consistent with the requirements of the City’s subdivision regulations, and the requirements, terms and conditions of the amended CD-PUD district. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary and final plat approval for School Lake Nature Preserve 3rd Addition, subject to the following terms and conditions: 1. The Applicant shall record documentation in a form and of substance acceptable to the City Attorney related to the ownership and uses of Outlot A. 2. The Owner shall submit any amendments to HOA covenants for review and approval of the City. 3. The Owner shall execute and record easement agreement(s) or instrument(s) in a form and of substance acceptable to the City Attorney to ensure access for the lot and outlots at time of recording the plat. 4. The plat shall dedicate drainage and utility easements in locations recommended by the City Engineer. 5. The Owner shall update the plat to properly identify all existing drainage and utility easements which were previously dedicated upon the Property. 6. The Owner shall take necessary actions, to the extent required by the Minnehaha Creek Watershed District, to amend the Conservation Easement recorded against the Property in light of the plat. 7. The Owner shall address the comments of the City Attorney plat opinion dated September 12, 2023 and abide by the requirements of the City Attorney related to title issues and recording procedures. 8. The City shall reserve the right to review and approve any changes resulting from approval of the plat by the Hennepin County Surveyor. 9. The plat shall be filed within one year of the date of the city council resolution granting approval or the approval shall be considered void, unless a written request for time extension is submitted by the Owner and approved by the City Council. 10. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the amended Planned Unit Development, plat, and other relevant documents. Resolution No. 2023-94 3 September 19, 2023 Dated: September 19, 2023. __________________________________ Kathleen Martin, Mayor ATTEST: ________________________________ 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, Martin And the following voted against same: (Absent: Reid) None Whereupon said resolution was declared duly passed and adopted.