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Home My Public Portal About1990-29i i Member "fi�G// introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. `%/� RESOLUTION GRANTING PRELIMINARY APPROVAL FOR CHERRY HILL FARM FIRST ADDITION WHEREAS, Hans Hagen Homes and T.R.A. (Applicant) has requested approval of a plan to subdivide property located generally southwest of the intersection of Co. Rd. 101 and Evergreen Drive into 21 lots and Outlots A, B, C, D, E and F according to the plat attached hereto as Exhibit A. Outlots A, B, D, E and F will be subdivided into a maximum of an additional 61 lots in one or more phases; and WHEREAS, on February 13, 1990, the planning commission reviewed the preliminary plat submitted by the Applicant; and WHEREAS, the City Council reviewed the preliminary plat on February 20, March 6 and March 20, 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that preliminary approval is granted to the Applicant for Cherry Hill Farm First Addition, subject to the following conditions: 1. The Applicant shall comply with the requirements of the city engineer concerning storm water management; 2. The Applicant shall construct a turn lane on the south side of Evergreen Road at Co. Rd. 101 at its expense. The Applicant acknowledges that the City has also determined a need to upgrade that portion of Evergreen Road west of Co. Rd. 101 and adjacent to the property. The City will levy a charge at the time of issuance of building permits against all lots in the subdivision to pay for such improvements. The City shall levy a similar charge on the lots hereafter platted from Outlots A, B, D, E and F in future phases; 3. The Applicant shall dedicate on the final plat the drainage, flowage, conservation, utility and trail easements required by the city engineer; 4. The Applicant must obtain the approval of the Elm Creek Watershed District and comply with its requirements regarding erosion control; 5. The Applicant shall submit and carry out a landscape plan which is satisfactory to city staff and which provides for a trail in the location desired by city staff. The plan shall require that the Applicant plant and maintain at least one tree of a minimum 2 inch caliper on each lot; 6. The right-of-way for Evergreen Road and Co. Rd. 101 shall be dedicated by the Applicant as required by the city engineer; 7. The names of all subdivision streets shall comply with City regulations and be acceptable to the chief of police; 8. The subdivision mail boxes shall be grouped in a manner acceptable to the city staff; 9. The Applicant shall pay to the City a park dedication fee in the amount determined by city staff; 10. Street lights shall be installed within the subdivision by the Applicant in cooperation with city staff and NSP; 11. The subdivision shall be reviewed by the fire department; 12. The Applicant must complete all excavation for ponding on or around Outlot A prior to or at the time of completion of the first phase of the development; 13. The Applicant shall grant a mortgage in favor of the City against Outlots A, B, D, E and F (or consent to such other security as may be agreed to) to provide the City security for the Applicant's obligation to complete Cherry Hill Trail through the future phases to Evergreen Road. The Applicant shall provide temporary cul-de-sacs as needed during phased development; 14. It is acknowledged that there shall be no direct roadway connection between the subdivision and the commercial/industrial property to the south; 15. It is acknowledged that in the future, the City will require dedication of a portion of Outlot C for utility and roadway purposes. The exact location of the dedication is not currently known but may result in the creation of an unusable lot immediately south of the Cherry Hill subdivision. The Applicant hereby holds the City harmless from any claim which may be asserted due to loss of value of said property as a result of the dedication; 16. The Applicant shall sign a petition requesting the City to construct the trunk sewer and water lines and waiving the Applicant's right to appeal the assessments for such improvements; 17. With the exception of the trunk sewer and water lines, the Applicant shall install all streets and utilities in the subdivision at the Applicant's expense; 2 18. The Applicant shall submit a current abstract of title or registered property abstract covering all of the property to the city attorney; 19. The Applicant shall be entitled to the issuance of a building permit for the construction of one model home; 20. The Applicant shall record covenants against the property in the First Addition and in future phases created from Outlots A, B, D, E and F ensuring that all conditions regarding side yard setback variances shall run with the land and bind all future property owners in the subdivision; 21. The Applicant shall submit the final plat within 180 days of the date of this resolution, which plat shall be in accordance with the preliminary plat or as required to be modified by the City; 22. Unusual conditions of the property and its location make it desirable to grant setback variances for the single family houses to constructed in the subdivision; and 23. The Applicant shall execute a development agreement with the City in a form satisfactory to the city attorney setting forth fully the Applicant's obligations regarding the subdivision. BE IT FURTHER RESOLVED by the City Council of the City of Medina that the following variances be granted for the lots in Cherry Hill Farm First Addition: a) For all corner lots, the front yard setback may be reduced to 20' from 30' on one side; and b) For all lots, the side yard setback may be reduced from 10' to 5' on one side of the lot; subject to the following conditions: 1) Structures on adjacent lots must maintain a minimum separation of 20' measured from the building walls and including decks; 2) Nothing may protrude at grade level into any easement; and 3) Building overhangs may extend not more than 30 inches beyond the building wall. DATED: : 1);1:.� ATTEST: , 1990. Donna Roehl, Clerk -Treasurer Wilfred Scherer, Acting Mayor 3 The motion for the adoption of the foregoing resolution was duly seconded by member 54%ry„ t and upon vote being taken thereon, the following voted in favor thereof: "7� , and the following voted against same: 7- Whereupon said resolution was declared duly passed and adopted. ME230:MedRes2 ('b �c n' ,/4n d6"-f'5 a r-i � t 4