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.
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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