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HomeMy Public PortalAbout1994-050Member Ann Thies introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 94-50 RESOLUTION GRANTING FINAL APPROVAL TO WALLACE DOERR/LUNDGREN BROS. CONSTRUCTION CO. FOR THE PLAT OF FOXBERRY FARMS WHEREAS, Wallace Doerr/Lundgren Bros. Construction Co. (collectively, Applicants) have requested approval to develop certain real property in Medina legally described on Exhibit A attached hereto ( Subject Property) , a portion of which is to be developed according to the plat of Foxberry Farms; and WHEREAS, the Subject Property will be developed pursuant to the plat of Foxberry Farms and subsequent additions 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, Phase II may be platted into lots 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 city council has reviewed the final plat of Foxberry Farms consisting of 38 lots for its consistency with the Comprehensive Plan, subdivision regulations of the City and the preliminary plat. RRB73865 ME230-157 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that final approval is granted to the Applicants for the plat of Foxberry Farms, subject to the following conditions: 1. All streets must be built to city specifications. After the streets have been accepted by the city as public, they will be posted 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. Any 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 11E1373865 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 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. A11 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. All 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. It is recognized that Lake Medina is designated as a wetland by the Minnesota department of natural resources; 28. The Applicants must pay the administrative fee determined by the city to represent its cost of reviewing this application; and RRB73865 ME230-157 3 29. The Applicants must file the plat with Hennepin County within 60 days of the date of approval of this resolution or the city's approval of the plat of Foxberry Farms shall be null and void. Adopted by the City Council of the City of Medina this 2nd day of August , 1994. Anne E. Theis, Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member John Ferris voted in favor thereof: and upon vote being taken thereon, the following Ferris, Thies, Philip Zietlow and Mayor Anne Theis and the following voted against the same: none and the following were absent: James Johnson Whereupon said resolution was declared duly passed and adopted. RHB73865 ME230-157 4