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Home My WebLink About#11-08_3369_reso_5686o�� o Council Exhibit B CITY of ORONO RESOLUTION OF TI ECITY �COUNCIL NO, A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTIES LOCATED AT 1860 & 1880 FOX STREET FILE NO. 07-3320 WHEREAS, Lucinda Chorley (hereinafter the "Developer") made an application on behalf of the property owner, William L. Waldron Trust (hereinafter the "Owner"), of the properties within the City of Orono (hereinafter the "City") located at 1860 and 1880 Fox Street and legally described as follows: 1860 Fox Street: Lot 1, Block 1, Waldron Addition, also that part of the South Half of said Northwest Quarter of Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5 t Principal Meridian which lies westerly of a line drawn from a point on the North line thereof a distant 670.64 feet East of the Northwest corner of said South Half of the Northwest Quarter of the Southeast Quarter to a point in the South line of said South Half of the Northwest Quarter of the Southeast Quarter distant 715.57 feet East of the Southwest comer of said South Half of the Northwest Quarter of the Southeast Quarter, Hennepin County, Minnesota 1880 Fox Street: The South Half of the North Half of the Northwest Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5ch Principal Meridian, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on September 18, 2007, the Developer filed a complete subdivision application with the City for preliminary approval of a residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on October 15, 2007 the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on October 15, 2007, the Planning Commission reviewed the application and recommended on a vote of 5 — 0 that the Council grant preliminary plat approval. Page 1 of 6 • CITY of ORONO RESOLUTION. OF THE CITY COUNCIL FINDINGS NO. 16-R� 1. This application was reviewed as Zoning File #07-3320. 2. The property is zoned RR -1B Single Family Rural Residential District, which normally requires a minimum lot area of 2.0 acres and minimum lot width of 200'. The Property is 23.22± total acres in area, of which 9.72± acres is wet; 1.28± acres to be dedicated as ROW; and 12.22± acres is dry land. area. 3. The Property is guided in the 2000-2020 Orono Community Management Plan (CMP) for single family residential use at a density of 1 unit per 2 acres. The proposed layout contains 2 residential lots on over 2.0 dry acres each. 4. The Property contains a variety of natural features including wooded areas, rolling hills, wetlands, natural drainageways, and discontinuous areas of dry buildable land. 5. The proposed plat includes two residential lots. The residential lots will be served via an existing private driveway, which extends northerly off of Fox Street. The existing gravel driveway extending easterly from Brown Road South to Lot 1 is proposed to remain for emergency purposes. 6. The property contains a "Preserve" classification wetland requiring a 50' vegetative buffer and a 20' structural setback from the buffer; as well as three "Manage 1" classification wetlands each requiring a 25 foot vegetative buffer and 20 foot structural setback from the buffer. These wetlands and buffer areas will be coveted by Conservation Easements as well as wetland preservation covenants and easements, wooded area preservation covenants, drainage easements, etc. 7. The residential lots contain existing residences which will conform to the RR -1B zoning requirements for lot line setbacks. Any newly proposed residences must meet the RR -1B setback standards (50' front and rear, 30' sides). 8. The City has plans for trails that may specifically require dedication of land from this property. A 10' wide trail easement along both road frontages, in the same location as the 10' wide drainage and utility easements, should be granted as part of the plat. As no new buildable lots are proposed, a Park Dedication Fee will not be required. Page 2 of 6 1� ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5686 9. The residential lots have been tested and found capable of providing suitable primary and alternate sites for on-site sewage treatment systems. Special precautions, including but not limited to protective covenants as well as physical barriers during construction activity, must be taken to protect these sites on both a short-term and long-term basis, as municipal sewers are not projected to be extended to serve this area of Orono. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for the Developer, for a plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated October 29, 2007 attached hereto as Exhibit A, subject to the following conditions: 1) All areas delineated as wetlands as shown on the preliminary plat drawing shall be subject to the standard Wetland Buffer, Conservation and Flowage Easement, and shall be subject to the wetland buffer requirements of .the Zoning Code for the protection of wetlands and wetland buffer areas. 2) Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 3) Development Fees a) Park Dedication Fee. The development is not subject to the standard Park Dedication Fee requirement because no additional residential lots are being created. b) Storm Water and Drainage Trunk Fee. The development is not subject to the standard Storm Water and Drainage Trunk Fee because no additional residential lots are being created. 4) Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish the intended purposes: Page 3 of 6 144 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. `686 a) Final overall layout for all primary and alternate sewage treatment system sites and proposed well locations. b) Conservation/Preservation areas plan depicting all areas subject to protective covenants and easements. 5) Other Easements. a) Drainage and Utility Easements shall be dedicated to the public on the final plat 10' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. b) A 10' wide trail easement in the same location as the 10' wide exterior property boundary drainage and utility easement along both Fox Street and Brown Road South shall be granted to the City of Orono. c) A Wetland Buffer, Conservation and Flowage Easement shall be granted to the City of Orono over all delineated wetlands on the. property. Wetland buffer maintenance agreements shall similarly be established. FINAL SUBMITTALS The following list of final submittals must be submitted to the City prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg dated October 29, 2007 attached hereto as Exhibit A, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property line. Page 4 of 6 O�o �0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL \kES804�G NO.Q C. Dedication of 33 feet along Brown Road South and Fox Street for right-of- way purposes. D. Dedication of drainage easements over areas shown as wetlands on the preliminary plat. E. Dedication of "Drainage Easements" over all drainageways. F. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. Certified copies of all recorded easements currently affecting the property. C. Signed Wetland Buffer, Conservation and Flowage Easement over all delineated wetlands and buffer areas on the plat, and signed Wetland Buffer Maintenance Agreement. D. Signed Covenants for Protection of Drainfield Sites. E. Signed Trail Easement. 3. Plat approval fees to be paid: Total due: $530.00. A. Final plat fee = $250.00 B. Legal review & filing fees for subdivision and associated documents: $280.00 C. Park Dedication Fee: $ NONTE D. Stormwater and Drainage Trunk Fee: $ NONE Page 5 of 6 r,l �1� ti G~� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1686_ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13'h day of November, 2007. ATTEST: 6 1" /�� Linda S. Vee, City Clerk �S Developer STATE OF MINNESOTA COUNTY OF HENNEPIN /A�'. 4') J es M. White, Mayor This instrument was acknowledged before me this 2&n day of N D�1 PV P , 2007 by Liz 11th l Y lUj� , the Developer. - .- gve+fir..£vde`P32�tP.rcfe+sYtl'W� - GNF115TIM1E Itf. €�RiTSatd A iNfiTARY PII9LIG -4 NPdE6pTk c „ti k.3p C,nrara,ion 8zphx3 Jan. 31, X08 •�Anc+�.�.,.ttnsrcE,ur..aarastiaE.r�.-a� (��K4KL-) 6 KAP -- Notary Public Page 6 of 6 SSVs Nw,6MXVd ammo >Z96i3NN 99£99 NWS vusvll JNp�� .A,, sum— N56V Sb3NNMd 0 Ntl] SY:IA3�Yf IS UN.HI �Sb33N1'JN3l W ] 'ONI `S31VIOOSSV 1 N[//G 33(L3N/A/ 0 0 W o o >ci o a W z ILU n LL �- 0 gg=% Kd.¢ a °;53 nal. co � � a �gs 5 W Y a€s s48 a vul E \ 3 9l.E1e00 5 \ W ZEg�x Q Z •8`48 si �x a sss j J w z §$;as a Jw zo=µmLL uo 1111111 \ / J LL 1W. 11111.1r o M a ./ iu r ammtE. ISO Waz e «_w;d 1.�zs w -- soE Wg ISI �v XI � „r v a os Qv0$ xxo-da 6E'000I H180N 9T,T 'ON 'Q23 '00- ..- _____ IA'W9'39]l5 ]]/N YI Yfd � r�� HL115'F]Y3A36 I 9 1= � i •