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Home My WebLink AboutResolution 3879 •F r -- .� � O� ' � O O �b - CITY of ORONO � ti � 'ti RESOLUTION OF THE CITY COUNCIL ��kESH04�'G NO. � 8 "1 � . A RESOLUTION GRANTING PRELINIINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 3350/3400 FOX STREET . � -FILE NO.2204 WI�REAS,James G. Fullerton, III, an authorized representative of the Fullerton Trust, (hereinafter the "subdivider") on December 23, 1996, filed a formal subdivision application with the City for approval of a five lot residential plat of property legally described as: Tract A, RLS No. 1321, and Tracts A, B and F, RLS No. 1358, Hennepin County, Minnesota (hereinafter "the property"); and • WI�REAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on January 21, 1997, at which time all persons desiring to be heazd concerning this application were given the opportunity to speak thereon; - and � WHEREAS, at their regular meeting held on April 24, 1997, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the LR-lA Single Family Lakeshore Residential Zoning District requiring a minimum of two acres of contiguous dry buildable . land within each newly created lot. 2. The properly contains a total of approximately 26.72 acres with 1.94 acres of a Type 2 wetland not protected by the City of Orono's ordinances. 3. The prop�sed plat consists of five residential lots each meeting the minimum lot standard requirements of the LR-lA Single Family Lakeshore Residential Zoning District. • Page 1 of 7 ,., . ' ,i� � � O� • O O �D. � CITY of ORONO � ' ti � �'ti RESOLUTION OF THE CITY COUNCIL . ��kESH�4�' NO. .e� � � � _ 4. All lots have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each of the five lots. 5. All residential lots shall be served by a private road to be design:ited on the plat as an outlot. An existing driveway that currently serves three residential units shall be upgraded to a private road. 6. The City Engineer in his report of November 12, 1996 approved the grading and drainage plan for the development of this property. � 7. The Minnehaha Creek Watershed District has conceptually approved the grading and drainage plan prepared by applicant's engineer. • 8. The existing access to the property shall continue to be the prime access with the redevelopment of the property. 9. Current with the review of the subdivision application, the developer has also submitted a conditional use pennit application for a guest house use for proposed Lot 3. The Orono City Council conceptually approves the granting of a conditional use permit finding the 7.51 acre property with over 1,000 feet of shoreline will satisfy the area and width requirements for the conditional use permit. 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 approves the preliminary plat application of James G. Fullerton, III, an authorized representative of the ` Fullerton Trust per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc., dated December 23, 1996, most revised date January 8, 1997, subject to the following conditions: � 1. The subdivider to create private covenant for protection of Type 2 wetland within proposed Lot 3. The wetland is not protected by the ordinances of the City of Orono such covenant to include a site plan locating prbtected area and . advising future owner of need to contact Minnehaha Creek Watershed District and U.S. Corps of Engineers if land alterations of Type 2 wetland are proposed � before submitting a plan to the City for review and possible permit. Page 2 of 7 , • ,s, ' � O� � O O ��b. � CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`9ItE Hp4�'G NO. �S � � � ` � S 2. Primary and alternative septic sites on Lot 1, 2 and 5 shall be fenced off and protected prior to any land alterations. 3. The two accessory structures within Lot 2 and accessory structure that encroaches the shared lot lines of Lots 3 and 4 shall be razed prior to final plat approval. If structures have not been removed at the time applicant applies for final plat approval, applicant shall agree to enter into a developer's agreement and post an acceptable form of security to ensure structures are removed before building permit is issued for new residential construction. 4. Dedication of drainage and utility easements 10' �vide along the exterior lot lines and adjacent to private road and 5' along internal lot lines. Drainage and utility� easements may be omitted at shoreline. �+ 5. Dedication of right-of-way for County Road 84. 6. Applicant to grant drainage easement over retention pond and drainage way (20') minimum located within Lots 1 and 2. 7. Shoreline of Lake Minnetonka shall be shown at the 929.4 elevation. 8. All new residential construction shall be subject to the Shoreland Regulations set forth in Section 10.56 of the Municipal Code. � 9. Applicant's engineer and Orono staff shall determine what sections of roadway may be less than a 24' paved width, in order to preserve existing amenities. The following safety improvements must be included with final road plans: A. Roadway to be upgraded to a 22' width with curbing for a 500' section located between stone retaining walls. B. Applicant shall have option of either relocating monuments so that a 24' wide opening is provided or install a 28' wide paved road to the immediate west of monuments for a minimum 100' distance. • Page 3 of 7 �+ �� . � � O� - • O O ��b � CITY of ORONO � ti . � �'� RESOLUTION OF THE CITY COUNCIL � • L�kESH�4�' . NO. s� S � 9 10. The caretaker residence to remain on proposed Lot 3 is located entirely withi.n the 0-75' setback area. Any plan to expand e�sting building envelope or install a new foundation will require variance approvals from the City of Orono. 11. Subdivider to grant a road and utility easement over private road outlot to the City of Orono. Subdivider's engineer to�provide a final approved road plan for the upgrade of existing driveway. Plans must be approved by the City Engineer prior to road construction. Subdivider to provide an executed developer's � agreement and letter of credit written to 150% of the cost of required grading/drainage/road construction improvements. 12. Subdivider to install conforming septic systems for Lots 3 and 4 prior to final plat approval. If septic systems have not been installed at the time subdivider seeks final plat approval, subdivider shall include the installation of the two • septic systems within the developer's agreement and provide adequate security to ensure systems are installed by a reasonable date within ,1997. 13. Upon Council's approval of the preliminary plat, the subdivision shall be referred to "the City Assessor to determine the fair market value of the land prior to , development. The park dedication fee shall be based on $10,250 per lot for the two new lots for a total of $20,500. 14. Subdivider is hereby advised�that preliminary subdivision approval will expire within one year of the date of Council approval, April 14, 1998. Should the subdivider fail to complete the filing of the fmal plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary . subdivision application with the City. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. Required 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: � � � Page 4 of 7 _ , O� � � O , O �b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��kESH.�4��'G . NO. � � � � � A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin . . and Gronberg, Inc. dated December 23, 1996, most revised date January 8, 1997. B. Dedication of "drainage and utility easements" 10' wide along the exterior boundaries of property and adjacent to private road and 5' along the internal lot lines. � C. Dedication of right-of-way for County Road 84 if property line extends into right-of-way. D. Designation and dedication of drainage easements over retention pond within Lot 1 and 20' drainage way that extends within Lots 1 and 2. • E. Designation of private road as Outlot A. Outlot A to be designated at a 50' width with 100' cul-de-sac. Applicant to grant a road and utility . easement over Outlot A (subdivider's attorney has received copies under separate cover). F. Creation of new or amended maintenance covenants that provide for a share in the ownership of roadway and responsibility for upkeep and maintenance of road. Original covenants may need to be amended involving the Trubeck and Lukis property interests. 2. Legal documents required: � A. Title opinion addressed to 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. The applicant to provide certified copies of all recorded easements currently affecting the property. 3. Signed and executed drainage easements to be taken over retention pond and drainage way within Lots 1 and 2 (subdivider's attorney has received copies • under separate cover). . Page 5 of 7 . � °� � o 0 �6 � CITY of ORONO � � � � '� RESOLUTION OF THE CITY COUNCIL �L�kE gp4'�'G . NO. e� 8 � � . � S . . � 4. Signed and executed developer's agreement and letter of credit for required site . improvements and construction of private road (Outlot A) - may include demolition of accessory structures and installation of septic systems for Lots 3 and 4. 5. Signed and executed declaration of private road maintenance covenants dealing with maintenance of private road, Outlot A, and dra.inage facilities. Covenants should also specify the relationship of. ownership. The original covenants involving the Trubeck and Lukis properry may need to be amended to reflect property interests in Outlot A. 6. Signed and executed private covenant for Lot 3 involved with protected wetland not included within conservation maps of the City and as described in Condition 1 above. Covenant must be in a form suitable for filing. The City has samples . of protective covenants used by former developers. Subdivider should advise if they wish sample copies. 7. Fees to be paid: Total due: $20.900.00 A. Final plat fee = $200.00 B. Legal review and filing fees for subdivision and associated documents = $200.00 C. Park dedication fee = $20,500.00 ($10,250.00 per new lot) • � Page 6 of 7 . .� ��r • '+ ° , r � O� • O O . ��b- - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL . ��`q�F�'E p4��'G � , NO. e� � � � � -' � . � SH . . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of April, 1997. ATTEST: � , ! . orothy M llin, City Clerk Gabriel bbour, Mayor STATE OF MINNESOTA ) . ) ss. . . • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of April, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . ' � ��•. LINDA S.VEE Not Public :V'' `' " NOTARYPUBLIC-��11NNESOTA 'y'•"-" :`- ' HENNEPIN COUNTY ._ �-��••°� My Commission Expires Jan.31,2000 � Page 7 of 7