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HomeMy Public PortalAbout2010-077 Resolution Granting Preminiary Plat Approval for Fortuna Farms 1425 Tamarack DrMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2010-77 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR FORTUNA FARMS, LOCATED AT 1425 TAMARACK DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, The Von Bluecher Family Trust (the "Applicant") is the owner of certain property located at 1425 Tamarack Drive in Hennepin County, Minnesota (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicant has requested approval from the City of a plat which would subdivide the Property into three lots; and WHEREAS, the Planning Commission held a duly called public hearing on October 12, 2010, where testimony was heard from the Applicant, city staff, and other interested parties; and WHEREAS, the Planning Commission recommended preliminary approval of the plat, to be know as "Fortuna Farms," subject to certain terms and conditions; and WHEREAS, on November 8, 2010, the City Council reviewed the preliminary plat for conformance with City ordinances, considered the recommendations of the Planning Commission and heard comments from interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that preliminary plat approval is granted to the plat of Fortuna Farms, subject to the following terms and conditions: (1) No construction or grading is proposed or approved at this time. Future construction shall be reviewed for compliance with relevant regulations of the City Code prior to issuance of any building permits. (2) Prior to recording of the final plat, the Applicant shall remove the existing 16,000 sq/ft. animal structure on the dividing line of Lots 1 and 2, as well as the existing lean-to within Lot 1 minimum setback requirements. Alternatively, the Applicant may enter into an agreement with the City requesting flexibility on the removal of these structures, in which case the structures shall be removed prior to the earliest of the following: issuance of a building permit for Lot 1 or Lot 2, sale of either Lot 1 or Lot 2, or within three years. The agreement shall require a financial guarantee for removal. Resolution No. 2010-77 November 22, 2010 (3) Prior to recording of the final plat, the Applicant shall move, remove or repurpose the existing animal structure within Lot 1 which does not meet the 150 foot animal structure setback from the proposed dividing line. Alternatively, the Applicant may enter into an agreement with the City requesting flexibility on the moving, repurposing or removal of this structure, in which case the matter shall be resolved prior to the earliest of the following: issuance of a building permit for Lot 1 or Lot 2, sale of either Lot 1 or Lot 2, or within three years. The agreement shall require a financial guarantee for removal. (4) Future construction on Lot 1 shall be reviewed for compliance with shoreland overlay district regulations. (5) The subdivision shall be subject to park dedication requirements as follows: (a) The Applicant shall dedicate an easement 5 feet in width adjacent to Deerhill Road for trail purposes. (b) The Applicant shall dedicate an easement 20 feet in width adjacent to the west property line for trail purposes. (c) The Applicant shall dedicate fee ownership of an outlot to be established in the northwest corner of the property, northwest of the center of the stream and approximately 0.8 acres in size, for parks and trail purposes. (d) The Applicant shall pay cash -in -lieu of dedicating additional property for parks and trail purposes. $9,632.00 shall be paid to the City prior to filing the plat with Hennepin County. (6) The Applicant shall dedicate right-of-way along Tamarack Drive and Deerhill Road. (7) The Applicant shall dedicate easements as recommended by the City Engineer along the perimeter of the lot and over all wetland and floodplain locations. (8) (9) Prior to final plat approval, the existing Conditional Use Permit, granted by Resolution 87-74 shall be revoked, and all commercial and non -conforming uses shall be eliminated. Prior to final plat approval, the Applicant shall obtain a Conditional Use Permit granting approval for the three accessory structures on Lot 3. (10) Future construction shall be subject to City tree preservation regulations. (11) The Applicant shall meet the requirements of the City Attorney with regards to title issues and platting procedures. (12) The Applicant shall meet the recommendations of the City Engineer letter dated August 16, 2010. (13) The Applicant shall provide easements over Upland Buffers as required Section 828.43 of the City Code. These easements shall be a separate instrument and shall not be shown on the plat. Resolution No. 2010-77 2 November 22, 2010 (14) The Applicant shall install vegetation and signage within the Upland Buffers as required by Section 828.43 of the City Code. (15) The final plat shall abide by the requirements of the Minnehaha Creek Watershed District. (16) The application for final plat must be submitted to the City within 180 days of preliminary plat approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. (17) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat and other relevant documents. Dated: November 22, 2010. ‘q--q �)7 T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Weir and upon vote being taken thereon, the following voted in favor thereof: Crosby, Smith, Siitari, Weir And the following voted against same: (Absent: Johnson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2010-77 3 November 22, 2010 Exhibit A Legal Description of the Property That port of the Northeast Quarter of the Northwest Quarter of Section 26, Township 118 North, Range 23, West of the 5th Principal Meridian, lying north of the south 817.70 feet thereof. Also, the South 817.70 feet of said Northeast Quarter of Northwest Quarter, and the North 163.70 feet of the Southeast Quarter of the Northwest Quarter of said Section 26. Resolution No. 2010-77 4 November 22, 2010