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Home My WebLink About#6001-Prelim Plat/vacation /easements-2010 , . , . � O� O � O � ��. .- , C ITY of ORONO � � � �� `��` p'�' RESOLUTION OF THE CITY COUNCIL L`9kESH�4� NO. 6 0 Q 1 A RESOLUTION APPROVING A PRELIMINARY PLAT AND VACATION OF EASEMENTS FOR PROPERTIES LOCATED AT 2525, 2535 and 2545 SHADYWOOD ROAD FILE NO. 10-3471 WHEREAS, Kiingelhutz Development Co., and Woodhili Senior Cottages of Navarre LLC., (hereinafter the "Developer") is the owner of properties located at 2525, 2535 and 2545 Shadywood Raad (hereinafter the "Property") within the City of Orono (hereinafter the "City"} and legally described as foliows: EXHIBfT A, ATTACHED; and WHERERS, on May 19, 2010, Terry Schneider of Project Developers, Inc., on behalf of the Developer made an application requesting preliminary plat approval to combine the three existing parcels to create one lot and vacation of existing drainage and utility easements on the Property; and WHERE�4S, a portion of the Property is located in the LR-1 B one family lakeshore residential district and the remainder of the Property is located within the B-4 office and professional district; and WHEREQS, in conjunction with re-platting of the Property, existing drainage and utility easements will be vacated and new drainage and utility easements in the appropriate widths and focations will be estabfished in the final plat; and WHEREA.S, after due pubfished and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on July 19, 2010, the Orono Planning Commission held a pubfic hearing for the preliminary plat appiication and said vacation at which time all persons desiring to be heard concerning the appfication were given the opportunity to speak thereon; and WHEREQS, on July 19, 2010, the Planning Commission reviewed the appfication and recommended on a vote of 5— 0 that the Council grant preliminary piat approval; and WHERE�LS, the Orono City Council reviewed the proposed vacations at a regular meeting hefd on December 13, 2010 and in consideration of the following findings the Council finds the vacation as proposed is in keeping with the pubfic interest: Page 1 of 6 , � °� 0 0 CITY of URONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ES�I04'�G NO. 6 � 0 1 1. The drainage and utifity easements granted within the plat of Leach Addition will no longer be appropriately located in conjunction with the proposed plat and development plan for this property. 2. The Developer is the owner of all property underlying the portion of the drainage and ufifity easements proposed to be vacated. 3. The gas, electric, telephone and cable companies have consented to the vacation. 4. The City Engineer finds the vacation acceptable. 5. The easements to be vacated and new drainage and utility easements in the widths and locations determined by the City Engineer will be granted with the final p{at. WHEREAS, the Orono City Council reviewed the proposed plat at a regular meeting held on December 13, 2010 and makes the following additional findings with regards to the proposed plat: FINDINGS 1. This application was reviewed as Zoning File #10-3471. 2. The southwesterly portion of the Property is located in the LR-1 B one family lakeshore residential district, which normally requires 1.0 acre in area and 140-feet of width; and the northeasterly 250-feet of the Property is located within the B-4 office and professional district which requires 20,000 square feet in area and 100-feet in width. The Property is 3.67 acres in area, of which 2.24 acres is dry, buildable, non-wetland area. The proposed layout will combine 3 separate lots on 2.24 non-wetland acres. 3. The northeasterly, non-wetland portion of the Property is guided in the 2008-2030 Orono Community Management Plan for Mixed Use which is intended to allow for development of higher density multifamily residential uses such as senior assisted living, townhomes, condominiums or apartment buildings, in addition to the uses allowed within the B-4 or SFR Districts currently established. The mixed use designation on the Property includes • all of the area zoned B-4 and a portion of the area zoned LR-1 B. 4. The portion of the Property proposed to be developed for senior assisted living pursuant to a CUP is entirely within the B-4 zoning district where such use is allowed as a conditional use. 5. The Property will be developed with City sewer and water. Page 2 of 6 , i 1 � � � O� O O - CITY of ORONO ,� � ti �� G'�' RESOLUTION OF TH 6CITY COUNCIL `gkESS�4 NO. � � � 6. The proposed use will be accessed via Shadywood Road a.k.a. CSAH 19. The lot has a building site meeting the B-4 setback standards. 7. The Property contains two wetlands which are both classified as "Manage 2". "Manage 2" classification wetlands require a 25-foot buffer and a 20-foot structural setback from the buffer. These wetlands and buffer areas will be protected by Conservation Easements as well as wetland preservation covenants and easements, drainage easements, etc. 8. The City has plans for a future trail along Shadywood Road that may specifically require dedication of land from this property. A 10' wide trail easement afong the road frontage, ' in the same location as the 10' wide drainage and utility easements, should be granted as part of the plat. As the number of buildable lots is not proposed to increase, a Park Dedication Fee will not be required. 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 Pre(iminary Plat Approval, including vacation of existing drainage and utility easements within the plat of Leach Addition,for Klingelhutz Development Company and Woodhill Senior Cottages of Navarre, LLC, for a 1-lot plat per the Preliminary Plat survey/drawing by E. G. Rud & Sons, Inc., dated 11/29/10 and attached hereto as Exhibit B, subject to the following conditions: 1) All areas delineated as wetlands and as shown on the pre(iminary p{at 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) Final plat approval shall not be granted until the Developer has met all of the conditions fisted within the Conditional Use Permit and Site Ptan approval resolution for the proposed development. 3) 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. 4) Development Fees a) Storm Water and Drainage Trunk Fee. The development is subject to the standard Storm Water and Drainage Trunk Fee for Multifamily Residential greater than 4 units per acre of$7,000 per acre x 3.67 total acres = $25,690.00. Page 3 of 6 � .�0,�. O 0 CITY of ORONO � � � ti �.�tiL �p~' RESOLUTION OF TH�COITY ;OUNCIL �k'ESI�� NO. � 5) City Engineer Approval. Approval is subject to the existing and ongoing recommendations of the City Engineer. 6) 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: a) Final grading, drainage and erosion control ptan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion controi measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. b) Wetland delineation report and Functional Assessment of Wetlands report approved by the MCWD. c) Sufficient detail to meet the recommendations of the City Engineer. 7) Other Easements. a) Drainage and Utility Easements shall be dedicated to the public on the final p{at 10' along all exterior property lines except such easements shall be increased to accommodate drainage or where existing utility lines 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 Shadywood Road 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 defineated wetlands on the property. Wettand buffer maintenance agreements shall similarly be established. 8) Development Agreement. A Development Agreement shall be required to include appropriate conditions and financial guarantees for improvements to the property. " FINAL SUBM(TTALS The following (ist of final submittals must be submitted to the Planning & Zoning Coordinator at least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Page 4 of 6 � °� 0 0 - C ITY of ORONO � � ti �� G~' RESOLUTION OF TH�oITY�COUNCIL �kESfI�4 NO. 4 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for fifing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by E. G. Rud & Sons, inc., dated 11/29/10 attached hereto as Exhibit B, except as modified herein. B. Dedication of "drainage and utility easements" 10' (or more where required) along exterior property lines. D. Dedication of"Drainage Easements" over all drainageways. E. 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. The appficant must provide certified copies of all recorded easements currently affecting the property. � C. Signed Wetland Buffer, Conservation and Flowage Easements over wstlands and wetland buffers on the Property. D. Signed Developer's Agreement. E. Signed Trail Easement. 3. Plat approval fees to be paid: Total due: $26,670. A. Final plat fee = $700.00 B. Legal review & filing fees for subdivision and associated documents: $280.00 C. Park Dedication Fee: $NONE D. Stormwater and Drainage Trunk Fee: $25,690.00. Page 5 of 6 , � �� O 4 C ITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��kESI304'�G N0. 6 a a � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held �is_13�' day of December, 2010. '�..A: ;i.Hw.�..l �, i'M �jy � :ro � � ��' � , r,� .�„f r, . :��w�. ,,,_ � � , � i�f t��t � `. + 'x' A�f '°, �t .,uq � . ',,�� "'1� t�'-�k.;` 4�i�7 - � �1,a: Y 4 . �. r� . ^J � '�y�y� .. 1� �� {/� �� L rhJti ♦ S�. Y > � ., - '� �f' ""'�.fri�a r� '��,fGity Clerk ,1a es M. White, Mayor '�k rE�Y '�,. ` n . f� 4 i i.; � ._+�. . . �q . y �•�j+ 's'�-� .�w� f ��i t-� ;'�,__ . � � � r�t�' <.�� I' � 1 y.. operty Own STATE OF MINNESOTA COUNTY OF HENNEPIN ao�/ This instrume t was acknowledged before me this � day of � �� ,-�9'I�on behalf of �it 4�/`r-�c-7�Z �UCID��xe.�, by Jo!� !�n S�/Ii �c7`z� , its��r�c, D t.cry�e� 1lJ�Q�-a �C��Gr� Notary Pubfic �rV�� BARBARA G.SILUS `_J t_� ,,� ,�- NOTARY PUBLIC-MINNESOTA '' � My Commiss�ExPrces Jan.31�2013 �;; Fa; :,,'•_a.� � Page6of6 : ------ --___.._._. .__._------ __..__._.._____..-----------..----_.__._..._._6--Q-4.)_._ . ., ZONING FILE NO. EXHIBIT A RESOLUTION N0. I ; � � ; �; � � PARCEL 1 Thot part of Lots i ond 2. Block 1, LEACH ADDIT]ON, lying ' northeesterly of the Northeasterly fine of Block 4� TOWNSIIE OF LANGDON PARK, Hennepin County, Minnesota. rorrens Property ; � PARCEL 2 � All of Lots 1. 2 ond 3, Block 1, LEACH ADDITION, except that � pnrt of Lots 1 and 2. Block 1, LEACH ADDITION lying northeosterly of the Northeaster�y tine of Block 4, TOWNSITE OF LANGDON PARK. Hennepin County, Minnesota. Abstroct Property ! �._�__ .. .__. _ ___. , _ _ _ I � , . , ; . � � � i , ; � . ; f � � 1 i i � PRELIMINARY PLAT-�f- WOADNILL SENIOR COTI'AGES -_ FOR: KLINGELNUTt D�VELOPMENT � 1560 Bluit Creek Cbaska,MN 55318 952-233-2728 � � ^ � LEBAL�EBCRIPiION �\ � \\ .. „ t,� \` �«�a,��,Z��.«,�.��.� BENCNINARI[ �'� • `� . � u.uw�or u.wm.o..b u,.a etd..ro�nmrz swis�,.w�mi�.'FT.T"se�i" er m>.«ea� A ,�{,�'�y �� a'uxcoa+v�mc N.mm�ca.��a rw.�wi. a i�e�...,.me amno�x�a _ �,- il Q� 0� ,� \ 1m�n�RnOrll FMMar�9Jt.90 ^. ��» • ' � � �- o�,� :.,. �'. � . ,�e,im.,.t me x aoc��.u,w��oaum.�r�uei . . � ` "' ,, �� , pvl ol Lai�1 m0;6FrrF t.[EAOI Ap01110N I�iq ,tit, �` F .. � IMu1Mj W In�NVN�Ien�ia e!Bbci 4 IO�e�4rt T . .�j• � J': � •�Y` �: . � {AN49p1 PMR.Mam�in CqmlK Mlnnueln - ' � .w4vc�wcyv�r . i \\ .O� �fP ��i ; .... \ p��' � . `��` -p \ 69 i, � ` ,.�'� �6�\� � . 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'�� ~�� Am�~R ORAPHIC SCAIE Defe: II/YA/�� Licmve No.1137d � iewsraroeulur '"Protesslonal land Surveyors ; ;, 'e��a "' ,,.,,.�e,,,6776 Lake Drlve NE Suite 110 ,;,�"_';;',; NORTH Lino Lakes,MN 55d14 ret(esi)a�i-ezoo ►m�(esi)�e�-e�m rn �. �c o s Q' o ;.�: � W STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on December 13, 2010,with the original thereof on file in my office, and the same is a correct transcription thereof. �r ;a WITNESS my hand officially as such City Clerk and the Corporate seal of the r��s'�`:215` day of December , 2010. ,�,�.�t. �... �.J�aC� ��,��'��.�°�-�F= .t�y�+�;'.�.y v ` w�n,r� ... f j� G��%Y� � � �l' �{� Y �' . �r � ��l� � pt� +�r, '�t S7� +� � �,..� �r t'�s A ra�� .." s .;y ^' �s4 �� }p'�� /w�.�,_�i �k�'� � �';;,�. Ga� Na�Y ��r"'�"�� City Clerk Y'!u �AW �`��y.,o�p✓�� .7• � �.jMY I A+.{�':�� t P�,'�P'°4F~�,P,4�GhikA�'Y�{�� f}� ''i�b� �1:�W .�!j Lbr h�.3` � ..'� i ^�, 4 h"d� '�t ��;g.y.. �&.��!' x �r� �. F� �h�,a � � � � � �,!.�' ��°' �f^�'r .�� r,�,��T� :�, ��, "�`� ,.t y r� . �� ,h . e ++R�r,,'rr r ax rrk! �4..,1 .,•�' ��.� t� ...��, E,.. ,� 'v�n �.��8�e4�1 ��'.��.k t�i r' �4�i '�` . «� � ^ "F3, y=;.X {;7.• ��,�`, as�s 5��y��o� �Qd � � � � �' Doc No T4852132 � Certified, filed and/or recorded on � 4/26/11 12:00 PM Office of the Registrar of Titles ' Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 707038 '� Doc Name: Resolution �x Document Recording Fee $46.00 . Document Total $46.00 � Existing Certs New Certs 1331296 This cover sheet is now a permanent part of the recorded document. t Doc No A9644898 Certified filed and/or recorded on 4/14/11 12:OO,PM Office of the Cour.�fjr Recorder Hennepin Cou�ity, Minnesota Michael H.Cun�iiff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 3 Pkg ID 704752 � Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.