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HomeMy WebLinkAbout#6001-Approv Prelim Plat/vacation of easements-2010 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL t�kESII04� NO. 6 0 0 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, Klingelhutz Development Co., and Woodhill Senior Cottages of Navarre LLC., (hereinafter the "Developer") is the owner of properties located at 2525, 2535 and 2545 Shadywood Road (hereinafter the "Property') within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A, ATTACHED; and WHEREAS, 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 WHEREAS, a portion of the Property is located in the LR-113 one family lakeshore residential district and the remainder of the Property is located within the B-4 office and professional district; and WHEREAS, 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 locations will be established in the final plat; and WHEREAS, after due published 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 public hearing for the preliminary plat application and said vacation at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on July 19, 2010, the Planning Commission reviewed the application and recommended on a vote of 5 — 0 that the Council grant preliminary plat approval; and WHEREAS, the Orono City Council reviewed the proposed vacations at a regular meeting held on December 13, 2010 and in consideration of the following findings the Council finds the vacation as proposed is in keeping with the public interest: Page 1 of 6 0 0 CITY of ORONO ON ti ti RESOLUTION OF THE CITY COUNCIL sBo�`�G No. 6 0 0 1. The drainage and utility 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 utility 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 plat. 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-11B 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 2of6 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `�kEST�I0G 4 NO. 0 1 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 along 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 Preliminary 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 preliminary plat 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 listed within the Conditional Use Permit and Site Plan 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 0 CITY of ORONO ti RESOLUTION OF THE CITY;COUNCIL �kES80G 4 NO. 0 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 plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control 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 plat 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 delineated wetlands on the property. Wetland 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 SUBMITTALS The following list 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 4of6 0 0 CITY of ORONO ti RESOLUTION OF THE fITYCOUNCIL `9kES04� NO. 0 I 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: 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 applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Wetland Buffer, Conservation and Flowage Easements over wetlands 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 0 0 CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL SII0 NO. 6 D D 1 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of December, 2010. Za r,`d Lfrltla, \lee,;pity Clerk Ja es M. White, Mayor x el I Q f 5 J f dA _ operty Own STATE OF MINNESOTA COUNTY OF HENNEPIN This instrume t was acknowledged before me this -7 day of 4prt l ,-�9'tQ on behalf of /n 9 L`/`i4c7�Z Deuc�o�.Ke.• , by %.16 /C/�n sel A k7`z. , its Dry mac. D ccrh e r &"",. 9 Notary Public d� BARBARA G.SILUS - NOTARY PUBLIC MINNESOTA My Commission Expires Jan.31,2013 Page 6 of 6 6--OL--o -1--- ZONING FILE NO. EXHIBIT A RESOLUTION NO. i i PARCEL 1 1 That part of Lots 1 and 2, Block 1, LEACH ADDITION, lying northeasterly of the Northeasterly line of Block 4, TOWNSI TE OF LANGDON PARK, Hennepin County, Minnesota. Torrens Property PARCEL 2 All of Lots 1, 2 and 3, Block 1, LEACH ADDITION, except that part of Lots 1 and 2, Block 1, LEACH ADDITION lying northeasterly of the Northeasterly line of Block 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota. Abstract Property i i i i i PRELIMINARY PLAT-01- WOODNILL SENIOR COTTAGES FOR: KLINGELHUTZ DEVELOPMENT 1560 Bluff Creek Chaska,MN 55318 952-233-2728 LEGAL DESCRIPTION \ BENCHMARK \ RpA 1 p�erl al lnl,1 aha:.TM 1.E[AOI AOd IMXI.IN�yy Y/ _ \ IheoeY.ly of Dw Nvlhemlrly Ilse of Brost.,TDYeRR BaAldy n.m—40.W— el FIwmIM 0 \ tX tAM4Da1 PARx.XmmyF Cmnl}Vine»Ia o/lyan0 A—,aha SMdy.ope Road Tanma Rap Y Oewl.en AS el 1.—1 1 aha J BIM 1,LEACH A=—.—.1 Ihal � �' •, \ pal 01 Eel.1 and 1.Bbti 1,LEACH ADat10X Ilia '•} ` `? , n IheoAldly al Ike XorlMoflMy lire el BIM 1,TDIINRIF M \ /"' `~ �� \\ LArX.9aV PMx,NempF Camlx YM.nla \ A-1'W-1 \ ` NOTES: EASEMENTS TO BE VACATED =`.B.eD.Vwlkd yaaPlyly caect.ed F rYle ey cc.Rae B sm.m—13-M. -B.a,w•..nom -d aanoq}and u1Rly eanmmla oa 0edkalM m Lal.t,]. -lhie+I^" a'wan d as liw.w�wa:d.e ey ros nol«rM.ulc Z/•' /•i%' �r ��� ``y �P / /: me;BM 1,EFACN A0a1IRIN.XmnepF(:wmlx MMemla Commilmml Numar 1LIIBZJ6 ' -Q/•4,;� ,� ♦ % -Rger1Y adlea} Zcac SMdI-a^d Rm4 lima Yine.Mn � i/- /: -Hepoavd•uAdnq;pwil^9.and uNitin anon pn we Ilm / �- ` wswed•y -mid pwcX wn-Is•,eBe A.N.ry.er x+nA `� `'• c -. Sig \ ♦ \ '.C' 4. DEVELOPMENT STANDARDS: \ \ r b. PRa^aa.Am La w ZONP/a-8-.(DFTKE-0 PROFESSIdIAt 06rRRi) /"B` LOT� \��♦\ �/r''yI-IA'. ^Vy B-4 T YA MS .y/'' •FRMEMA -,7.3 SETBACK. FEET :/;' ., ♦ �/// , REAR 33 y`� "' •RISETBA%-IS FEELEr BLOCK 1 BE . \ /�:' WETLAND;`, LEGEND : ' L Ils. \\ \ \ /' \ • BExBIES B10M YONIREXr Eolm As LABELED DEFhtMSM-MS mopDSED wArERYAm D —<—G MWICs SAAWTMI%eE AND Ywmac 'XS 1-1)COfAM7 SAW— \ p ♦ :,\-,y p'•a—JI —.w—D 'Es EOM EF VaNOCA11M BERAM (Br SWBAO ox B/IB/IDJ •,o Scale \ ♦ �a'.1'' 1,weer a«Dry ehn} er,Plaay- 1 epwed a ncr�m•MAP my meat swwr mn DRC m that I am \ s«Iw�1 10.Iw. a•.LJ a duly R"ipt.M Lmd Swayer the low.at the State a(Yhnesota. � �a SONS. INC. JAS D ou.R �1^+>a.aAm� a ORAPHiC SCALE Date: 11/19/10 Lieenae No.11578 ..•o uws TM Professional land Surveyors "" ""® aR 1•F a„ p ,,Bp,sp NORTH 6776 lake Drive NE Suite 110 a Lino Lakes,MN 55614 1•L(641) 11-1200 Fax(661)261-1701 C7% x C� Q O •=r 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. WITNESS my hand officially as such City Clerk and the Corporate seal of the xla ,`21S` day of December 2010. -��i a "� �'• x,41 h d4'TR � • � ;� ���'�� � �D� ' : ►� . G+-"� ' 0 e City Clerk , i _7• pt iC 1p�.y((�i"! ,( �t3s y f.qtr ;•p j v F { SG Doc No A9644898 Certified filed and/or recorded on 4/14/11 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, 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. E� 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 e Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 707038 Doc Name: Resolution 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.