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Home My Public Portal About1993-010Member Johnson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 93-10 RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT FOR WALLACE DOERR/LUNDGREN BROS. CONSTRUCTION CO. WHEREAS, Wallace Doerr/Lundgren Bros. Construction Co. (collectively, Applicants) have requested preliminary approval to develop certain real property in Medina legally described on Exhibit A attached hereto (Subject Property) according to the plat attached hereto as Exhibit B ; and WHEREAS, the Subject Property will be developed pursuant to the plat as well as a development plan (Development Plan) and rezoning from rural residential (RR) to planned unit development - suburban residential (PUD-SR); and WHEREAS, it is the intent of the City and the Applicants that the Subject Property be developed in a manner consistent with the city's comprehensive plan ( Comprehensive Plan) , including the staging plan which restricts the development to not more than 60 lots (Phase I) prior to 1995; and WHEREAS, the Applicants propose to develop the Subject Property in two phases with Phase I containing 60 lots and Phase II containing 76 lots; and WHEREAS, the final plat will indicate Phase II as an outlot which may be replatted to a final plat no earlier than 1996 and only if, in the sole discretion of the City, sufficient sanitary sewer capacity exists to serve Phase II without violating any agreement or restriction relating to the City's sewer capacity; and WHEREAS, the planning commission and city council have reviewed the preliminary plat submitted by the Applicants for its consistency with the Comprehensive Plan and the subdivision regulations of the City. RHB50144 ME230-157 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that preliminary approval is granted to the Applicants for the plat, subject to the following conditions: 1. All streets must be build to city specifications . After the streets have been accepted by the city as public, they will be posted in each spring to a weight limit of 4 tons per axle; 2. The city will assume snow plowing responsibility for each street after the first course of bituminous pavement is placed and there is at least one home on that street or street segment; 3. After approximately 90 percent of the homes have been constructed in a phase of the development, the final 1 1/2" bituminous wear course can be placed on the streets within that phase; 4. The city will accept maintenance responsibility for the streets only after the final course of pavement has been installed and inspected by the city engineer and staff and it has been found to be in compliance with the approved plans and specifications; 5. The developer agrees to warrant the streets against defects in labor and material for a period of two years from the date of acceptance by the city; 6. The city also requires that a maintenance bond from the street contractor be posted with the city; 7. The city will not require that side yard setbacks be doubled on homes over 30' in height within the development; 8. The final plat must show a realignment of the street center line radius to the SW cul de sac in accordance with the city engineer's letter of January 26, 1993; 9. The Applicants must install a footing drain system satisfactory to the city; 10. The final plat must incorporate the remnant parcel of land at the end of the cul de sac west of the existing parcels along Co. Rd. 116 into the cul de sac; 11. The Applicants must submit to the city a copy of the restrictive covenants for the development; 12. Center islands within cul de sacs must be constructed as specified by the city and maintained by the homeowners' association. No evergreens may be planted in the center islands of the cul de sacs nor may any permanent plantings be located within the 10' setback area; 13. The design and height of the street at the southern tip of Lake Medina must be reviewed within the warranty period to make sure that it RHB50144 ME230-157 2 mitigates the effects of drifting snow in a manner satisfactory to the city; 14. The plat must be reviewed and approved by the Elm Creek Watershed District and the Minnesota department of natural resources; 15. The final plat must show dedication of all street and utility easements required by the city engineer and an additional 7' of right-of-way along Hackamore to the west of Co. Rd. 116 along Lot 1, Blk 2 of Phase II; 16. The Applicants must pay to the city park dedication fees in the amount to be determined by the city before the plat is filed; 17. Development of the property must be in compliance with the staging plan of the Comprehensive Plan; 18. No fences and/or accessory structures may be constructed in the development below the regulatory flood protection elevation of 981.5' ; 19. The Applicants must comply with all requirements of the floodplain ordinance whenever fill is needed below the regulatory floodplain protection elevation; 20. All public utilities located below the regulatory floodplain protection elevation, including sanitary sewer and water, must be floodproofed in accordance with state building codes; 21. At a minimum, the Applicants must comply with the landscape plan; 22. The Applicants agree to donate land and grade the trail along Co. Rd. 116 when street grading is completed in the development; 23. A11 driveways must be located at the lead-in to the cul de sac whenever possible; 24 . Mail boxes must be grouped in a location acceptable to the city and the U.S. postal service; 25. The Applicants agree to deliver to each prospective buyer a disclosure statement in a form acceptable to the city regarding the quality of the city water available in the development; 26. The Applicants must provide a 30' utility easement to the two small residential areas south of the proposed development on the west side of Co. Rd. 116 to permit future connection to the sanitary sewer trunk line serving the development; 27. The Applicants must provide an 8" sewer stub through the cul de sac west of the Doerr home in a location acceptable to the city engineer; 28. It is recognized that Lake Medina is designated as a wetland by the Minnesota department of natural resources; RHB50144 ME230-157 3 29. Prior to final plat approval, the Applicants must submit adequate title evidence for review by the city attorney; 30. The Applicants must pay the administrative fee determined by the city to represent its cost of reviewing this application; and 31. The Applicants must submit the final plat for review by the city within 180 days of the date of this approval. Adopted by the City Council of the City of Medina this 16th day of March , 1993. ATTEST: Kar son, Clerk -Treasurer Anne E. Theis, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Zietlow and upon vote being taken thereon, the following voted in favor thereof: Councilmembers Ferris, Johnson, Thies, Zietlow and Mayor Theis. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. RHB50144 ME230-157 4 EXHIBIT A LEGAL DESCRIPTION OF DOERR RESIDENTIAL LAND PARCEL A = PIN 02-118-23-11-0002 Government Lot 1, Section 2, Township 118, Range 23 except that part thereof which lies North of a line parallel with and 800 feet South measured at right angles to the North line of said Government Lot and West of a line drawn parallel with and 600 feet East measured at right angles to the West line of said Government Lot and its Southerly extension. PARCEL B = PIN 02-118-23-14-0001 Government Lot 7, Section 2, Township 118, Range 23 except that part of said Government Lot 7 described as beginning at the Southeast corner of said Government Lot 7; thence West along the South line thereof 264 feet; thence North parallel to the East line thereof 247.5 feet; thence East parallel to said South line 264 feet to the East line thereof; thence South along said East line 247.5 feet to the point of beginning, according to the Government Survey thereof. PARCEL C = PIN 02-118-23-14-0002 That part of Government Lot 7, Section 2, Township 118, Range 23, described as beginning at the Southeast corner of said Government Lot 7; thence West along the South line thereof 264 feet; thence North parallel to the East line thereof, 247.5 feet; thence East parallel to said South line 264 feet to the East line thereof; thence South along said East line 247.5 feet to the point of beginning, except that part thereof which lies Easterly of a line parallel with and distance 40 feet West of the East line of said Section 2, according to the Government Survey thereof. PARCEL D = PIN 02-118-23-41-0004 Government Lots 5 and 6, Section 2, Township 118, Range 23, except the North 417.44 feet of the East 346.08 feet of said Government Lot 6. Page 1 of 2 HMM/LBC/DOERR/LEGAL.RES 03/16/93 ACCRETIONS TO PARCELS A,B,C AND D: A11 of the accretions to Government Lots 1, 5, 6 and 7, Section 2, Township 118, Range 23, which lie Easterly of a line described as follows: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 00 degrees 24 minutes 35 seconds West along the West line of said Government Lot 1 and its extension a distance of 608.56 feet; thence South 6 degrees 47 minutes 43 seconds West a distance of 817.18 feet; thence South 36 degrees 53 minutes 00 seconds East a distance of 1,040 feet; thence South 35 degrees 18 minutes 24 seconds West to the North and South center line of said Section 2; thence South 00 degrees 24 minutes 35 seconds West along said center line to the Southwest corner of said Government Lot 5 and said described line there terminating; EXCEPT that part of the above - described accretions lying North of a line drawn parallel with and 800 feet South, measured at right angles, from the North line of said Government Lot 1 and its Westerly extension, which lie West of a line drawn parallel with and 600 feet East, measured at right angles from the West line of said Government Lot 1 and its Southerly extension. 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