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HomeMy WebLinkAbout02-101 PRELIMINARY PLAT RESOLUTION 02-101 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "THE WILDS NORTH" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: ZIESKA SECOND BY: LEMAIR WHEREAS: The Prior Lake Planning Commission conducted a public hearing on May 28, 2002 to consider an application from Shamrock Development for the preliminary plat of The Wilds North; and WHEREAS: Notice of the public hearing on said preliminary plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: All persons interested in this issue were afforded the opportunity to present their views and objections related to the preliminary plat of The Wilds North for the record at the public hearing conducted by the Planning Commission; and WHEREAS: The Planning Commission and City Council have reviewed the preliminary plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said preliminary plat to be consistent with the provisions of said ordinances; and WHEREAS The Prior Lake City Council considered an application for preliminary plat approval of The Wilds North on June 17, 2002; and WHEREAS: The developer has applied to the Minnesota Department of Natural Resources to have Hass Lake reclassified from a Natural Environment lake to a Recreational Development lake; and WHEREAS: On June 3, 2002 the City Council adopted Ordinance No. __ concurring in the developers application to recertify the classification of Hass Lake from a Natural Environment lake to a Recreational Development lake; and WHEREAS: Said reclassification is necessary in order for the proposed plat to meet the lot size requirements proposed in the preliminary plat; and WHEREAS: To date the Department of Natural Resources has not acted upon the developers reclassification application; and WHEREAS: The developer desires to begin work on the preliminary plat despite the fact that the Department of Natural Resources has not acted upon the reclassification; and 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 r:Xresoluti\planres\2002\02-101.doc ^N EQUAL OPPORTUNITY EMPLOYER Page 1 WHEREAS: The developer is aware that if Hass Lake is not reclassified, the preliminary plat pending before the City Council will not meet the criteria in the subdivision ordinance for approval; and WHEREAS: The developer agrees that if the Department of Natural Resources not reclassify Hass Lake from a Natural Environment Lake to a Recreational Development Lake, the developer will make application to the City for a replat of the preliminary plat; and WHEREAS: The City Council has the authority to impose reasonable conditions on a preliminary plat NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: A. The above recitals are incorporated herein as if fully set forth. B. The preliminary plat of The Wilds North is approved subject to the following conditions: 1) If The Department of Natural Resources fails to approve the reclassification of Hass Lake from a Natural Environment Lake to a Recreational Development Lake, this plat shall become null and void, without any further action on the part of the City and the developer shall be required to submit a new plat application that meets all of the subdivision ordinance requirements. 2) The Developer shall provide to the City a letter, in a form acceptable to the City Attorney, that the developer waives any rights to approval of a final plat for Wilds North if the Department of Natural Resources does not reclassify Hass Lake. Said letter shall specifically provide that developer waives any and all claims against the City in connection with the approval of this preliminary plat. The letter shall specifically waive the protections afforded a developer set out in Minnesota Statute Section 462.358 Subd. 3c. 3) The developer may not begin grading or any work upon the land until the letter referenced in Condition B, 2 above is approved by the City Attorney. 4) Provide a neighborhood park within the residential portion of the development. 5) Move the rear lot lines for Lots 9-13, Block 1, further away from the Ordinary High Water Elevation for Hass Lake. 6) Move the access point for Street 1 on CSAH 83 so it is consistent with Scott County guidelines. 7) Provide access to the "exception" from Street 1. In addition, sewer and water services must be stubbed to this exception. 8) Provide the net lot areas for all lots that include a wetland or storm water pond. Minimum lot area is based on net lot area. 9) Change street names for Streets 1, 3, 4, 5, and 6 unique to the Prior Lake street naming system. 10) Revise the landscape plan to note 4 trees are required corner lots (2 per street frontage). 11) Submit an access permit and other required permits for work in the County right-of-way with the final plat application. 12) Provide a copy of the approved Watershed District permit for this site prior to any grading. 13) All utilities and roads must be constructed in conformance with the Public Works Design Manual. C. The developer agrees that if the Department of Natural Resources does not reclassify Hass lake from a Natural Environment Lake to a Recreational Development Lake, the developer will make application to the City for a replat of the preliminary plat. r:Xresoluti\planresL2002\02-101 .doc Page 2 Passed and adopted this 17th day of June, 2002. YES NO Haugen X Haugen Gundlach X Gundlach LeMair X LeMair Petersen X Petersen Zieska X Zieska {Seal} Frank Boyles, City Manager rSresoluti\planresX2002\02-101.doc Page 3