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HomeMy WebLinkAboutResolution 5674C1 -117Y OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 7 4 A RESOLUTION GRANTING A SECOND ONE-YEAR EXTENSION TO THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL ESTABLISHED PER RESOLUTION NO. 5421 - FILE NO. 05-3152 WHEREAS, on February 13, 2006, the City Council of the City of Orono (the "City") adopted Resolution No. 5421 granting preliminary plat approval for subdivision of property located at 3500 Watertown Road; and WHEREAS, City of Orono Municipal Code Section 82-117 establishes that preliminary plat approval is effective for one year from the date of such approval, and failure to file a complete final subdivision application within this time period shall be considered as formal withdrawal of the proposed subdivision; and WHEREAS, preliminary plat approval runs with the land, not the applicant; and WHEREAS, as a result of market conditions and other factors, the original applicant (Bohland Development, Inc.) and the property owner (James D. MacKinnon) no longer have an agreement for development of the property, and negotiations between the applicant and property owner have resulted in delays in preparation of final plat submittals. However, the property owner wishes to continue the development process per the approvals granted in Resolution No. 5421; and WHEREAS, due to said delays the property owner requested a one year extension of the effective period of preliminary plat approval to February 13, 2008 which was granted by the City Council on January 8, 2007 via resolution No. 5564; and WHEREAS, the property owner has not yet proceeded to develop the property but has requested a second extension of the effective period of preliminary plat approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: Page 1 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 7 4 SH 1. The effective period of preliminary plat approval is hereby extended to February 13, 2009; and 2. All other terms and conditions of Resolution No. 5421 are hereby reaffirmed. Adopted bX the City Council of the City of Orono, Minnesota at a regular meeting held on the 8 day of October, 2007. ATTEST: Linda S. Vee, City Clerk Page 2 of 2 James M. White, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2007 *5. #05-3152 JAMES D. MACKINNON, 3500 WATERTOWN ROAD — REQUEST FOR SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5674 Murphy moved,McMillan seconded, to adopt RESOLUTION NO. 5674P a Resolution Granting a Second One -Year Extension to the Effective Period of Preliminary Plat Approval Estabhs a er Resolution No. 5421. VOTE: Ayes 4, Nays 0. 6. #07-3298 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST — FINAL PLAT/RPUD, REZONING/COMPREHENSIVE PLAN AMENDMENT — RESOLUTION NOS. 5675 and 5676 AND ORDINANCE NO. 39, THIRD SERIES Steve Johnston, John Terrance Homes, and Dave Carlson, WBW, LLC, were present. Gaffron stated the applicants are requesting final approval of a PUD General Development Plan and Final Plat approval, RPUD rezoning, and a comprehensive plan amendment. The applicants have completed the majority of the items outlined in the Planner's Report, with only a few administrative items remaining outstanding. The issue of approval by Wayzata for the sewer and water plans has been resolved and the applicants are awaiting the agreement between the two cities to be finalized that will approve the applicants' physical plan, which is not necessary to have in hand prior to approval by the Orono City Council. The City has received the escrow agreement and escrow deposit and a letter from the bank indicating that they would be providing the letter of credit. Gaffron stated he is satisfied that the documents are in final form and the applicant would be signing those in the near future. Gaffron recommended the plat and final documents not be released for filing until all of the administrative items are completed. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5676, a Resolution Granting General Development Plan Approval for Planned Unit Development No. 6 for Orono Villas, LLC, and Approving the Plat of Orono Villas — File No. 07-3298. VOTE: Ayes 4, Nays 0. McMillan moved, Murphy seconded, to adopt ORDINANCE NO. 39, THIRD SERIES an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Certain Properties from RR -111, Single Family Rural Residential District, to RPUD, Residential Planned Unit Development District, and Adding Section 78-1012 Regarding Planned Unit Development No. 6. — File No. 06-3225107-3298. VOTE: Ayes 4, Nays 0. Rahn moved, White seconded, to adopt RESOLUTION NO. 5675, a Resolution Approving Amendment 43 of the 2000-2020 City of Orono Community Management Plan. VOTE: Ayes 4, Nays 0. Murphy moved, Rahn seconded, to authorize Mayor James White and City Clerk Linda Vee to execute PUD -6 Agreement. VOTE: Ayes 4, Nays 0. *7. #07-3313 THEODORE E. AND BETTY L. ZIEMAN, 3045 SUSSEZ ROAD — SUBDIVISION — RESOLUTION NO. 5677 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5677, a Resolution Granting Preliminary Approval of a Class H Subdivision for Property Located at 3045 Sussex Road. VOTE: Ayes 4, Nays 0. PAGE 2 of 10