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Home My WebLink About#5126-prelim subd - 2004 � - ;. ' ` � O� O O � �� g CITY of ORON4 � -- ,� � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESI�04�G NO. � � � � A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 440 STUBBS BAY ROA.D NORTH FILE NO. 04-2968 WHEREAS,Lane Moore of Custom Structures (hereinafter the "subdivider") on December 11, 2003, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: � The South 10 acres of the Southwest 1/a of the Northeast 1/4 of Section 32, Township 118, Range 23,Hennepin County,Minnesota (hereinafter"the property"); and WHEREAS, 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 20, 2004, at which time all persons desiring to be heard concerning this application were given the opportunity to � speak thereon; and WHEREAS, at its regular meeting held on February 9, 2004, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the RR— 1B, One Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains approximately 10.287 acres of land of which 5.04 acres is delineated wetland. 3. The proposed plat consists of two residential lots each meeting the minimum lot area requirement of the RR— 1 B, One Family Rural Residential Zoning District each meeting a minimum of 2 acres of contiguous dry buildable land. 4. The proposed subdivision to create residential lots of two acres in area or � larger conforms to the provision of the RR-1B Zoning District and the Page 1 of 7 , � o� o �, o . • 1 CITY of ORONO � . ;. . � . , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI'iUQ"�G NO. � � � � Rural Residential guiding as established in the Orono 2000-2020 Community Management Plan. a. Proposed Lot 1,Block 1 meets the minimum 200' width requirement as established by the RR-1B, One Family Rural Residential Zoning District. b. Proposed Lot 2, Block 1 was created as a Back Lot and meeting the Back Lot Standards established by Section 78-1370 of the Zoning Ordinance, which requires dimensional standards of 150% of the minimum Zoning District Standards. 5. Both proposed Lots 1 and 2 will be served with private we11s. 6. Proposed Lot 1 contains an existing house and four outbuildings all of • which must be removed prior to any sale of Lots 1 or 2 into separate ownership or prior to the issuance of any building permits for Lots 1 or 2. 7. Both proposed Lots 1 and 2 will be served off the proposed Outlot A with . no direct driveway access from Stubbs Bay Road North. All existing driveway access from Lot 1 shall be removed prior to issuance of a building perrnit for Lot 1. 8. The westerly 33 feet of proposed Lot 1 shall be dedicated as Stubbs Bay Road North public road right-of-way. , 9. The City of Orono will require dedication of a 7 foot wide trail easement beyond the 33 foot east half right of way of Stubbs Bay Road North to accommodate a future trail as identified on the County Bicycle System Plan and the Orono Open Space and Trail Plan. 10. The developer shall grant to the City standard Drainage and Utility Easements along lot lines. 11. Primary and alternate on-site septic sites have been identified for proposed Lots 1 and 2. � Page 2 of 7 . �o� 0 0 • �� CITY of ORONO � � � ti �'� G'�' � RESOLUTION OF THE CITY COUNCIL �`�k'ESH.�4� NO. � � � � a. The primary septic site for proposed Lot 1 shall be the most southerly septic location and the alternate site shall be the most northerly site as indicated on the plans dated 7anuary 8, 2004. 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 Lane Moore of Custom Structures at 440 Stubbs Bay Road North per preliminary plat drawings by RLK Kuusisto Ltd of Minnetonka, Minnesota., dated January 8, 2004, subject to the following conditions: 1. Both proposed Lots 1 and 2 shall be served off the proposed Outlot A with no direct driveway access from Stubbs Bay Road North. Access easements shall be provided over Outlot A for proposed Lots 1 and 2. 2. The private driveway in Outlot A shall be privately rnaintained per the • appropriate access easement/maintenance documents to be executed by the subdivider. The subdivider shall create a homeowners association for each ownership and maintenance. 3. Both proposed Lot 1 and 2 have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each lot. 4. For proposed Lot 1,the primary septic site shall be the most southerly site and the alternate site shall be the most northerly site as indicated on the plans dated January 19, 2004 due to the proximity to proposed Pond 1. a. All identified primary and alternate sewage treatment system drainfield sites within the subdivision shall be fenced off by the subdivider prior to any land alterations, and such fencing shall remain in place until such time that each lot is developed. b. Subdivider shall develop covenants for each Lot for protection of drainfield sites within each Lot. Covenants shall include protective language for alternate septic sites along with site plans locating both primary and alternate sites. Subdivider shall include language alerting fuiure property owners of the need to protect sites on adjacent properties. • Page 3 of 7 . � � o� 0 0 • �� CITY of ORONO r�1 " r. - '�'' � H ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESi��g'�G NO. � � � � S. The existing house, outbuildings, and driveway shall be removed prior to sale of Lots 1 and 2 into separate ownership or prior to the issuance of any building permits for Lots 1 or 2. 6. Payinent of standard Park Dedication Fee for proposed Lot 2, Block 1. 7. The subdivision is subject to the Stonn Water and Drainage Trunk Fee as established by City Ordinance. The subdivision is subject to dedication of standard Drainage &Utility Easements along lot lines. 8. Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved a stormwater management plan for the property. • 9. Lowest floor elevations for structures on proposed Lots 1 and 2 shall be 974.0'. 10. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of City Council approval, March 8, 2005. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new prelimiiiary subdivision application with the City. 11. Subdivider shall grant Flowage and Conservation Easements over the wetlands in Lots 1 and 2. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled City 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'. Drawings to include: a. Lot lines platted per preliminary survey by RLK Kuusisto Ltd of � Minnetonka,Minnesota, dated January 19, 2004. Page 4 of 7 � t o � � 0 0 • �- � CITY of ORONU � � : - � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESH.�4�G NO. � �. � � b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. c. Designation and dedication of drainage easements over drainageways as noted in this Resolution. d. Designation of Outlot A to serve as a private roadway. e. The naming of plat. 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 apphcant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Developer's Agreement and letter of credit for approved site improvements, and construction of stormwater and - drainage facilities, etc as necessary. d. Signed and executed Flowage and Conservation Easement over the wetlands in Lots 1 and 2. . e. Drainage Easements to be taken over drainage way and detention areas within plat. f. Completed private covenant for all Lots regarding protection of drainfield sites. Covenants to include protective language for primary and alternate drainfield sites and to include the site plans locating both the primary and alternate sites. Subdivider to develop language alerting future owners of need to protect sites on adjacent properties. Covenants must be in a form suitable for filing. The City has samples of protective covenants used by former developers available for review. • 3. Fees to be paid: Total due: $17,648.00* Page 5 of 7 • � o� 0 0 • � CITY of ORONO � - , - � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESI�Og'�G NO. � � � � a. Final plat fee=$250.00 b. Legal review and filing fees for subdivison and associated documents _$280.00 c. *Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. d. Storm Water and Drainage Trunk Fee=$ 17,118 [(4.0 acres @ $2,700/acre)+(2.34 acres @ 2,700/acre)] • 4. A copy of all necessary permits approved by the Minnehaha Creek Watershed District. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of March 2004. ATTEST: � l/,�-e� . Lin a S. Vee, City Clerk Barbara Peterson,Mayor • Page 6 of 7 . � O� O 0 . � '� C ITY of ORONO ,� -,. , � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kES�I�g'�G NO. � 1 � � STATE OF MINNESOTA . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 8`" day of March, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Mirinesota municipal corporation and said instrument was executed on behalf of the City. . � - , �._,.�t ,1 .��-Y.d�,�_ P�f��.�'��0l� Nota y Public IIKI�Y9�Y PllQit�-iN?NIVESC�i,� �.� P�y C�lo�9 Ex�ires Jz�.�5,2(1�7 j� � ��.�� • STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this l ' day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. _� � !/) v.i :.��^�'°� RACHEL DODGE . '� � '• NOTARYPUBLIC-MINN[:,OTA Notary Public �`� � My�anrnission ExP(�g Jan.31,2005 � 5 S't�;�,i,.��.�.��_ . . � Page 7 of 7 •