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HomeMy WebLinkAboutResolution 5486p4��o 14k ti J� CITYof'ORONO RESOLUTION OF THE CITY COUNCIL NO. 5486 . A RESOLUTION APPROVING THE PLAT OF . FOX ISLAND - FILE #05-3097 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by Suad Azhari, owner, and Hashem Abukhadra, property trustee (hereinafter the "Subdividers") for subdivision of property located at 1745.Fox Street and legally described as follows: �y The East Half of the Southwest Quarter of the Southeast`Quarter_; The West Half of the Southeast Quarter of the Southeast Quarter; and the West 114 feet of the East Half of the Southeast Quarter of the Southeast Quarter, all in Section 3; That part of Government Lot 1, Section 10, which lies North of the Great Northern Railway right-of-way; All in Township 117, Range 23, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, on July 11, 2005 the City Council adopted Resolution No. 5346 granting Preliminary Plat Approval for the proposed development of a six -lot plat for single family residential purposes; and WHEREAS, the Subdividers have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 5346. 2. Dedication on the plat of perimeter Drainage and Utility Easements and Drainage Easements as required in Resolution No. 5346. 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction. • ff J� CITY of ORONO RESOLUTION OF TtE4Cfft COUNCIL NO. 4. Provision to the City of a Flowage and Conservation Easement over all wetlands on the property. 5. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading, drainage and stonnwater management plan for development of the Property. 6. Provision to the City of an underlying Road, Drainage and Utilities Easement for the private road within Outlot B. 7. Provision to the City of a Declaration of Covenants, Conditions and Restrictions, and Private Roadway Easement for the private road in Outlot B. 8. Provision to the City of a signed and executed Developer's Agreement and Letter • of Credit for the approved site improvements including construction of the private road, stormwater and drainage systems and facilities, site grading, landscaping, and for the required improvements to Fox Street. 9. Provision to the City of a title opinion and certified copies of all recorded easements currently affecting the Property. 10. Payment to the City of Stormwater and Drainage Trunk Fee in the amount of $64,153.00 as established in Resolution No. 5346. 11. Payment to the City of Park Dedication Fee in the amount of $27,750.00 as established in Resolution No. 5346. 12. Payment to the City of final plat review fees and legal review and filing fees in the amount of $530.00 as established within Resolution No. 5346. 13. Provision to the City of final plans and specifications for improvements to the property including construction of a private road, stormwater and drainage systems and facilities, site grading, landscaping, and for the approved improvements to Fox Street per the requirements of Resolution No. 5346. 14. Installation of a conforming 7 -bedroom septic system serving the main house and • the guest house, to be completed within 2 years of the filing of the final plat. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5- d @ 4 15. Provision to the City of signed and executed Covenants for Protection of Drainfield. Sites. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 5346, the City Council of the City of Orono does hereby approve the six lot residential plat of FOX ISLAND, Hennepin County, Minnesota subject to the following declarations and conditions: Zoning, Shoreland Status. The property is zoned RR -1B Single Family Rural Residential District and subject to the lot development standards of the RR -1B District. Additionally, Lots 1 through 6 are within the designated Shoreland Overlay District and subject to the City of Orono Shoreland regulations pertinent thereto. 2. Lot Development Standards. Lot development standards, including required yards, applicable to Lots 1 through 6 are as shown on the approved Buffer and Impact Plan by • Gronberg & Associates dated 5-4-06. The property includes portions of the Tanager Lake basin, which is a Recreational Development (RD) lake as classified in the Shoreland Overlay District. Structure setback from the 929.4' contour shall be 100'. 3. Septic Systems. All proposed lots have been tested and found capable of providing suitable primary and alternate sites for on-site sewage treatment systems. Septic systems shall be located as shown on the approved Buffer and Impact Plan, and shall be setback a minimum of 75' from the 929.4 contour. 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. 4. Average Lakeshore Setback Requirement Waived Lakeshore Setback Requirement Waived. Due to the peninsular nature of the site, the unique lot configurations, and the limitations imposed by site conditions on the placement of homes within each lot, the Average Lakeshore Setback requirements of the zoning code are herby waived for the plat of FOX ISLAND. 5. Permits. No land alterations shall take place until erosion control is established and the City Engineer has approved all final improvement plans. No building permits will be issues until all drainage facilities, improvements, and satisfactory road base (base layer and initial lift of bituminous) have been installed, except that a permit for construction of a home on Lot 1, Block 1 may be issued prior to road construction and making use of the existing driveway, only if the Developer provides a parking and emergency vehicle 0 access plan satisfying the City Engineer and City staff to ensure access during home construction. n U Is 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 c A 6. Access Removal. The two existing accesses onto Fox Street (existing main house driveway at west end of site and guest house driveway) shall be eliminated at the time the base layer and initial lift of bituminous are completed for the proposed private road. 7. Guest House. Front and street yard setback variances are hereby granted to allow the guest house to remain in its current location until the time the main house is demolished and/or the lot is redeveloped. The driveway off Fox Street serving the guest house shall be removed in accordance with condition #5 above, and re-routed to access only the main house driveway. Lot 6 Status. The following shall govern the existing development within Lot 6: a) Lot 6 shall be considered a back -lot for zoning purposes requiring 150% of the zoning district setback requirements. b) The bluff depiction on the approved Buffer and Impact Plan dated May 4, 2006 is incorrect and shall not be used in determining the required bluff setbacks for new construction on lot 6. The location of the existing house is grandfathered in with regards to bluff setback. C) Installation of a conforming 7 -bedroom septic system serving the main house and the guest house shall be completed within 2 years of the filing of the final plat, as the existing systems serving those buildings are non-compliant. 9. City Engineer Approval Required. The Subdividers shall implement all recommendations of the City Engineer regarding grading, drainage, stormwater management and site improvements. Approval of all improvements is subject to recommendations of City Engineer Thomas Kellogg as noted in his comments up to and including those dated June 14, 2006 as well as any forthcoming recommendations. 10. Construction of Site Roads, Utilities and Site Improvements. The Subdividers shall construct the private road, stormwater and drainage systems and facilities, site grading, and landscaping in accordance with the Developers Agreement to be executed between the City and the Subdividers. The first 50 feet of the private road shall be designed and constructed as a rural section without curb and gutter. 11. Fox Street Improvements. The Subdividers shall be responsible for construction of the proposed improvements to Fox Street, as noted on the Fox Street Proposed Road Profile plan dated 11-21-05, which are necessary to improve sight lines for the location of the proposed private roadway. These improvements to Fox Street must be completed prior to use of the new private roadway, in accordance with a timeline approved by the City Engineer and in accordance with the Developers Agreement to be executed between the City and the Subdividers. 4 • • 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 0 6 12. Minnehaha Creek Watershed District Approval. This subdivision approval is subject to MCWD approvals and permits as required. The final plat shall not be released for filing until the Subdividers have provided evidence that all required MCWD permits have been obtained. 13. Private Road. The Subdividers shall create a private road on the Property providing access to Fox Street. Approval is subject to provision of the standard Road, Drainage and Utility Easements to be granted to the City over the road outlot. The Subdividers shall establish a homeowners association as well as the necessary road maintenance agreements, etc. to ensure that the private road will be maintained to reasonable standards at all times by a homeowner's association, and that failure of that private group to so maintain their private road will be cause for the City to accomplish needed maintenance and to assess the benefitted properties for the direct cost of such maintenance. The private road shall be subject to a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" either as a separate document or incorporated into the development covenants. The road shall not be named; all lots will be assigned Fox Street addresses. 14. Signage and Lighting. No street lighting or development identification signage has been approved for FOX ISLAND. Any proposed lighting or signage shall be subject to prior City approval. 15. Developers Agreement. The plat shall not be released for filing until the Subdividers have executed a Developer's Agreement per the conditions of Resolution No. 5204, including a letter of credit written to 150% of the cost of the proposed site improvements, including any required landscaping. 16. Release for Filing. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney and Planning Director that all requirements of the platting regulations have been satisfied. 17. Filing. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before January 10, 2007 together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date .specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. • 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL Adopted by the City Council of Orono this 10th day of July, 2006. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /0� Y da of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corpo ation and said instrument was executed on behalf of the City. N L(QJI JACQUELYN M, YONotary Puhiic-Minnesota My Covwvvmmie•ion Expk•a Jan 31,2 010 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoii Q instrument was acknowledged before me on this day of 200N�y Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal c rporation and said instrument was executed on behalf of the City.