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Home My WebLink About#5144-prelim subd - 2004 r �. • . `i, � O� \ � O ,` O � CITY of URONO � -- : � , ti ti RESOLUTION OF THE CITY COUNCIL � ��kESIIOg'�G NO. � Il � � A RESOLUTION GR.ANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1100 TOWNLINE ROAD � FILE NO. 04-2989 WHEREAS, Christopher Diesen (hereinafter the "subdivider") on February 17, 2003, filed a formal subdivision application with the City for approval of a two lot � residential plat of property legally described as: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 118, Range 23, described as beginning at the intersection of the west line of said Section 30 and the south line of the north 369.48 feet of said Northwest Quarter of the Southwest Quarter; thence easterly along said south line 1215.22 feet; thence southerly deflecting to the right 91 degrees 48 minutes 25 • seconds to the north line of the south 446.2 feet of said Northwest Quarter of the Southwest Quarter; thence.westerly along said north line to said west line of Section 30; thence northerly along said west line of the point of beginning, 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 March 15, 2004, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WTiEREAS, at its regular meeting held on April 12, 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— lA, One Family Rural Residential Zoning District requiring a minimum of 5 acres of contiguous dry buildable land within each newly created lot. 2. The property contains approximately 13.79 acres of land of which 0.23 acres are delineated wetland. � � Page 1 of 7 r . � O� w • O � O � CITY of ORONO ,� -- ,- � ti ti RESOLUTION OF THE CITY COUNCIL ��9 4�G � NO. � � � � k'ESI;� 3. The proposed plat consists of two residential lots each meeting the : minimum lot area requirement of the RR — lA, One Family Rural Residential Zoning District each meeting a minimum of 5 acres of contiguous dry buildable land. 4. The proposed subdivision to create residential lots of five acres in area or larger conforms to the provision of the RR-lA Zoning District and the Rural Residential guiding as established in the Orono 2000-2020 Community Management Plan, with the following exceptions: a. Proposed Lot 1, Block 1, as shown as Tract A on the survey by Paul B. Schoborg dated September 16, 2003, has a width of 220.68' and , • requires a variance from the minimum 300' width requirement as established by the RR-lA, One Family Rural Residential Zoning District. . � b. Proposed Lot 2, Block 1, as shown as Tract B on the survey by Paul B. Schoborg dated September 16, 2003, has a width of 270.19' .and requires a variance from the minimum 300' width requirement as established by the RR-lA, One Family Rural Residential Zoning District The required variances to lot width are justified by the existing width of the property; the fact that no additional land is available to be acquired to gain the necessary width; that platting of a front-back lot configuration would be impractical due to the topography related to the proposed building pad locations; and that the existing home and outbuildings as well as proposed residence structures can easily meet all �setback requirements. 5. Both proposed Lots 1 and 2 will be served with private wells and septic systems. 6. Proposed Lot 2, as shown as Tract B on the survey by Paul B. Schoborg dated September 16, 2003, contains an existing house and four outbuildings all of which will remain. 7. Both proposed Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003, will be served off the � existing driveway access from Townline Road. _ Page 2 of 7 . � :; .! `' `'' . . � � � r ' � O� � O �� O � � C ITY of ORONO � : - � ti ti RESOLUTION OF THE CITY COUNC�L ��`�k'Esi3og'�G NO. �� 4 � 8. The westerly 33 feet of the property will be dedicated as Townline Road public road right-of-way. 9. The developer will grant to the City standard Drainage and Utility Easements along lot lines. 10. Primary and alternate on-site sewage treatment system sites have been identified for proposed Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003. . 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 Christopher Diesen at 1100 Townline Road per preliminary plat drawings by Paul B. Schoborg, dated September 16, 2003, subject to the � following conditions: 1. Both proposed Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003, shall be served off the existing driveway access from Townline Road. Access easements shall be provided over the existing drive for proposed Lots 1 and 2. 2. The private driveway shall be privately maintained per the appropriate access easemendmaintenance documents to be executed by the subdivider. The subdivider shall create a homeowners association for each ownership shared driveway and maintenance. 3. All identified primary and alternate sewage treatment systern 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. � 4.� 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 future property owners of the . need to protect sites on adjacent properties. • � . Page 3 of 7 , � . � O� � O �, . O ,� ; , . �, C ITY of ORONO s � ti RESOLUTION OF THE CITY COUNCIL ��`9kESH.04�G NO. � � � � 5. Subdivider shall pay the standard Park Dedication Fee for proposed Lot l, Block 1, as shown as Tract A on the survey by Paul B. Schoborg dated September 16, 2003. 6. Subdivider shall grant Flowage and Conservation Easements over the wetlands in Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. _ Schoborg dated September 16, 2003. 7. The subdivision is subject to the Storm Water and Drainage Trunlc Fee as established by City Ordinance. The subdivision is subject to dedication of standard Drainage &Utility Easements along lot lines. 8. Su�divider 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. Subdivider is hereby advised that preliminary subdivision approval will expire � within one year of the date of City Council approval, April 12, 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 preliminary subdivision application with the City. 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 aze 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 Paul B. Schoborg of Delano, Minnesota, dated September 16, 2003. b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. • c. Dedication on the plat of 33' of right-of-way for Townline Road. . Page 4 of 7 � o� � s o � o CITY of ORONO � - ; . � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESII�g'�G NO. � �. � � d. Designation and dedication of drainage easements over drainageways as noted in this Resolution. 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 a11 ' other documents affected by such interest. < b. The applicant 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, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003. � 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: $28,912.40 * . a. Final plat fee=$250.00 � Page 5 of 7 .� � o� ! ° >> ° C ITY of ORONO ,� .. ,.. � , ti ti RESOLUTION OF THE CITY COUNCiL ��`�k'EsH.og'�G NO. e � 4 4 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 = $28,382.40 [(6.14 acres @ $2,160/acre) + (�.0 acres @ 2,160/acre )J � 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 regulax meeting • held this 12`�' day of Apri12004. ATTEST: " �� ,� �� Linda S. Vee, City Clerk Barbara Peterson, Mayor � . Page 6 of 7 � o� • ° ° �� CITY of ORONO S � ;•'_ � � � ti RESOLUTION OF THE CITY COUNCIL ��`9kES�I�4�G NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN ��5�- �P�.; ► The foregoing instrument was acknowledged before me on thi�day of I�c�i, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ��.� �� ` Notar Public � ;, ;;.�a�;;� RACHEL DODGE Y } ...`� `' NOTARYPl1BUC-M1NNE:,OTA '� S� �� ' My Cortxrifaabn Expkea Jan.31,2005 h� ..,:,..' t �,: �+ • . STATE OF MINNESOTA COUNTY OF HENNEPIN ,The foregoing instrument was acknowledged before me on this /S�c ay of rc.� , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota miuucipal corporation and said instrument was executed on behalf of the City. BARBARA G.SILUS ��a NOTARY PUBLPC-MINNESOTA Notary Public .:� MY�anm�sston Expires Jan.31.2008 • Page 7 of 7