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HomeMy Public PortalAbout2012-05 Resolution Approving Final Plat for Fields of MedinaMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2012-05 RESOLUTION APPROVING A FINAL PLAT FOR FIELDS OF MEDINA WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Emil Joseph Jubert Revocable Intervivos Trust dated December 5, 1989, and the Rita Adeline Jubert Revocable Intervivos Trust dated December 5, 1989 (collectively, the "Trusts") are the fee owners, each with an undivided one-half interest, of certain land in the City which is legally described on Exhibit A, attached hereto ("Parcel 1 "); and WHEREAS, Rolling Green Business Park, LLC, a Minnesota limited liability company ("Rolling Green"), is the owner of certain land in the City which is legally described on Exhibit A, attached hereto ("Parcel 2"); and WHEREAS, Parcel 1 and Parcel 2 are collectively referred herein to as "the Property"; and WHEREAS, Pemtom Land Company (the "Applicant") was granted approval, subject to certain terms and conditions, for a preliminary plat known as "Fields of Medina" on August 16, 2011 and has now made an application for a final plat of the Property; and WHEREAS, Mattamy (Minneapolis) Partnership, a Minnesota partnership ("Mattamy"), intends to purchase and develop a portion of the Property with 65 single-family homes; and WHEREAS, the Applicant and Mattamy are individually and collectively referred to herein as "the Developer"; and WHEREAS, the Trusts desire to retain ownership of a portion of the Property ("Outlot E") which is intended to be further subdivided and developed in the future, along with other adjacent land owned by Rolling Green, consistent with the Stage I Plan and Comprehensive Plan; and WHEREAS, the City Council reviewed the final plat on January 17, 2012; and WHEREAS, upon review of the final plat the Council finds that the plat is substantially consistent with the approved preliminary plat and the requirements of the City's subdivision regulations. Resolution No. 2012-05 January 17, 2012 NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota that final approval is hereby granted for the plat of Fields of Medina, subject to the following terms and conditions: 1. The Developer shall enter into a development agreement satisfactory to the City, which shall include the conditions described below as well as other requirements of City ordinance or policy. 2. The Developer shall install all improvements shown on the plans received by the City on December 6, 2011, except as modified herein, within the City Engineer letter dated December 22, 2011, or within the letter from the Public Works Superintendent dated January 12, 2012. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 3. The Developer shall provide a letter of credit prior to any site construction in an amount recommended by the City Engineer to ensure completion of the improvements identified in the approved plans. 4. The Developer shall transfer title, via warranty deed, of Outlot A to the City for park purposes and shall grade and seed the park as approved by City staff. Such dedication shall satisfy park dedication requirements for the entire Property for the development shown on the approved Stage I Plan. 5. No lawn or landscape irrigation systems shall be permitted to be connected to the City water system. The Developer shall provide details of alternative measures prior to final plat approval. If the Developer proposes to drill a well in order to provide water for lawn irrigation, pumping records shall be provided to the City annually. 6. All comments of the letters from the City Attorney dated December 15, 2011 and January 12, 2012 shall be addressed and the Developer shall abide by the City Attorney's recommendations related to title issues and recording procedures. 7. The Developer shall receive obtain approval of a vacation of the drainage and utility easement along the western property line of Outlot C of Rolling Green Business Center prior to recording the plat. 8. The City Council hereby grants a limited waiver from the 10-foot setback requirement for driveways from a side lot line within this plat. Driveways in the R-2 District shall be allowed a minimum 5-foot setback from one side lot line, but shall be located a minimum of 10 feet from the other side lot line. 9. The Developer shall obtain necessary approvals and permits from the Elm Creek Watershed, Hennepin County, the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Metropolitan Council, and other relevant agencies. 10. This final plat shall be recorded within 60 days of the date of this resolution or this approval shall be considered void, unless a written request for a time extension is Resolution No. 2012-05 2 January 17, 2012 submitted by the applicant within said 60 days and approved by the City Council for good cause. 11. All fees incurred by the City regarding the processing and review of this application shall be paid by the Applicant. Dated January 17, 2012. Attest: By: Scott T. Johnson, City Administrator -Clerk By: T. M. Crosby, Jr., la�or The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Crosby, Martinson, Pederson, Siitari, Weir And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2012-05 3 January 17, 2012 EXHIBIT A Legal Description of Parcel 1 and Parcel 2 Parcel 1 The Northwest Quarter (NW'/) of the Northeast Quarter (NE'/) of Section Eleven (11), excepting therefrom the Right of Way of the Minneapolis St. Paul and Sault Ste. Marie Railway Company as the same is now constructed over and across said premises, and also except that part of the Northwest Quarter (NW'/) of the Northeast Quarter (NE'/,) of Section Eleven (11), Township One Hundred Eighteen (118), Range Twenty Three (23) conveyed to the City of Medina in Deeds filed of record on March 12, 1993 as Document Nos. 6050664 and 6050667 and described as that part of the Northwest Quarter (NW'/) of the Northeast Quarter (NE 'A) of Section Eleven (11), Township One Hundred Eighteen (118), Range Twenty Three (23) West lying Southwesterly of the Right of Way of the Minneapolis St. Paul and Sault Ste. Marie Railway Company as now located and established; Also The Southwest Quarter (SW %) of the Southeast Quarter (SE'A) of Section Two (2), All in Township One Hundred Eighteen (118), Range Twenty Three (23). Hennepin County, Minnesota Abstract Property Parcel 2 Outlot C, Rolling Green Business Center, Hennepin County, Minnesota Resolution No. 2012-05 4 January 17, 2012