HomeMy WebLinkAboutResolution 4202 ripcoo„,0- CITY of ORONO
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* ih41 , � RESOLUTION OF THE CITY COUNCIL
9kESH04 NO. 4 2 U
A RESOLUTION GRANTING PRELIMINARY
APPROVAL FOR A CLASS II SUBDIVISION
AT THE PROPERTY LOCATED AT
2140 SIXTH AVENUE NORTH
-FILE NO. 2430
WHEREAS, Paul R. Phillips and Mary 13. Phillips (hereinafter the "subdividers")
on October 26, 1998, filed a formal subdivision application with the City for approval of a two lot
residential plat of property legally described as:
Lot 1, Block 1, Phillips Woodland Terrace, Second Addition, 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 Platting Codes, the Orono
Planning Commission held public hearings on November 16, 1998, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on November 23, 1998, the Orono
City Council considered the subdivision application of the subdividers noting the following
findings of fact:
1. The property is located within the RR-1B, One Family Rural Residential District,
requiring 2 acres of contiguous dry buildable land within each lot.
2. The property contains a total of 4.5 acres, including a low area on the proposed
Lot 2 which impacts the suitable area for septic systems.
3. The proposed plat contains two lots as follows:
A. Lot 1, located in both Orono and Medina, with an existing residence,
proposed at 2.0 acres.
Lot 2, proposed to be 2.0 acres.
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B. Outlot A, to provide access to three zoning lots (the new lot, 2140 and
2160 Sixth Avenue North).
4. The property is not located in the Metropolitan Urban Service Area and shall
be developed under rural standards.
5. Septic testing has been approved by the City and confirms that each lot has
suitable area for the development of a primary and alternate septic system.
6. Hennepin County has approved access to the new Lot 2 via an existing curb cut.
7. Lot 2 can be developed for residential use without the need to grant variances
to the applicable zoning standards.
NOW, THEREFORE, BE IT RESOLVED, that based upon either one or more
of the findings, the City Council of the City of Orono hereby approves the preliminary plat
application of Paul R. Phillips and Mary B. Phillips for the property located at 2140 Sixth
Avenue North per the survey dated September 23, 1998, most revised October 26, 1998, by
Mark S. Gronberg of Coffin and Gronberg, Inc., subject to the following conditions:
1. A grading and drainage erosion control plan for the entire site shall be submitted
for review. Erosion control measures shall be in place prior to any grading.
Additional erosion control measures will be needed during construction on Lot
2.
2. The site drains westerly to an existing wetland identified as LL-P4.
Phosphorous loadings leaving the site shall be limited to a maximum of .28
lbs./acre/year. The low area west of the septic location on Lot 2 may serve as
a water quality pond to provide rate control and nutrient removal for stormwater.
A drainage area map and ponding calculations shall be provided with the final
plan set.
3. Drainage and utility easements shall be 5 feet along all interior lot lines and 10
feet along the road right-of-ways. Drainage easements shall be provided along
all wetland, drainage, and pond areas.
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4. The applicant shall execute covenants to define responsibility for construction
and maintenance of the driveway in Outlot A, and to define future financial
obligation of the owners of 2140 and 2160 Sixth Avenue North at such time the
driveway is upgraded to City standards to serve a third residence on Lot 2.
5. The applicant shall grant to the City an underlying road and utility easement
over Outlot A.
6. Protection of drainfield sites via fencing shall be in place during construction of
the driveway improvements to serve Lot 2 and drainage improvements.
7. No building permit will be issued for Lot 2 until the construction of driveway
and drainage improvements is complete.
8. No curb cut/access for Lot 2 will be allowed on Sixth Avenue North except via
Outlot A. The outlot is the only location that meets the recommended sight
distance minimum to the east.
9. The Northwest Hennepin League of Municipalities Integrated Park Trail System,
dated December 1995, as prepared by SRF Consultants, designates Sixth Avenue
North as an existing local bike trail. The Orono Parks Commission has
identified Sixth Avenue North as an area where wide shoulder bike routes are
preferred at a width of 6 to 8 feet.
10. Lot 1, Block 1, Phillips Woodland Terrace Second Addition was platted in 1986,
A park dedication fee of $400 was paid at that time for the entire subdivision.
The existing residence at 2140 Sixth Avenue North is included in the 1986 park
dedication fee.
11. The Hennepin County Assessor has determined the fair market value of
undeveloped Lot 2 to be $70,000. The park dedication fee per Section 11.62
of the Municipal Code and Resolution 4064 shall be $4,900.
The following list of final submittals shall 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:
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1. Record plat drawings in the form of two (2) mylar copies and one (1) copy
reduced to 1" = 200'. Drawing to include:
A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin
and Gronberg, dated September 23, 1998, most revised October 26, 1998.
B. Dedication of "drainage and utility easements" 10' wide along all
perimeter property lines and 5' each side of internal property lines.
C. Naming of plat.
D. Maintenance and ownership agreement for Outlot A.
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 subdividers shall provide certified copies of all recorded easements
currently affecting the property.
C. The subdividers to dedicate to the City a road and utility easement
granting permanent access, improvement, and utility easements over said
Outlot A.
D. The subdividers have created non-exclusive ingress, egress, drainage and
utility easements over said Outlot in favor of all abutting and/or
benefitting lots including a declaration of certain maintenance covenants
wherein all abutting and/or benefitting owners agree to permanently
maintain and pay the cost of maintenance for said future Outlot A.
3. Fees to be paid: Total due: $5,300*
A. Final plat fee = $200
B. Legal review fees = $200
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C. Park dedication fee for Lot 2 = $4,900
* Upon approval of the preliminary plat, the subdivision shall be referred to the
City Assessor to determine value in accordance with Section 11.62 of the
Subdivision Ordinance.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 23rd day of November, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabrie abbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
November, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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CRL�EA.H E1v".1 /- /'' /'
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:' , .' NOTfiRYRJR IC-MINVESOra ) Notary Public
L \ HE INcEnP CGUhiTY s
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