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Home My WebLink About#5128-prelim subd-2004 r 1 � Y '� 6a. � � O� O O • �� 1 CITY of ORONO � � . , � - ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI;�4�G . NO. '� �. � � A RESOLUTION GRANTING PRELIMINARY SUBDIVISION APPROVAL FOR PROPERTY LOCATED AT 3220-3240 WATERTOWN ROAD . - FILE NO. 04-2971 " � WHEREAS, Hickory Fine Homes, Inc. (hereinafter the "subdividers") on January 16, 2004, complete the filing of a formal subdivision application with the City for approval of a two lot residential re-plat of property legally described as: � Lots 1 and 2, Block 1, and Outlot A, SENN ORONO 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 Subdivision Codes, the Orono Planning Commission held a public hearing on January 20 and February 17, 2004, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on March 8, 2004 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 Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 9.75 acres of land of which 7.57 acres is dry buildable land and 2.18 acres is creekbed and delineated wetland protected under the Minnesota Wetland Conservation Act (WCA) and City of Orono regulations. 3. In August 1990, the City of Orono approved the plat of the property as "Senn Orono Addition", creating two building lots (3220 and 3240 Watertown Road) and an outlot adjacent to Stubbs Bay Creek for purposes of construction of a • driveway to serve the northerly lot. ' Page 1 of 9 � . , ' . � O� � O O • � S CITY of URONO � - ; . � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�4�G NO. � �. � � 4. The plat of "Senn Orono Addition" was approved two years before adoption of Orono's Shoreland Ordinance and one year prior to enactment of the WCA. Neither lot has ever been built on, and the driveway approved in 1990 was likewise never constructed. Applicants are proposing a complete lot line rearrangement and re-plat of the property to allow relocation of the proposed driveway, which today would not be approved in its 1990 configuration due to Shoreland restrictions, and to allow for slight revisions in potential house locations. The new plat is subject to `front lot/back lot' area and setback standards which were also not in effect in 1990. � 5. The proposed re-plat consists of two residential lots each meeting the minimum 2.0 acres contiguous dry buildable lot area requirement of the RR-1B Zoning District. Proposed Lot 2 meets the 200' width requirement. Proposed Lot 1 . requires a variance to the minimum 200' lot width requirement as measured at the rear of the defined front yard. The basis for the width variance is as follows: • A primary issue for development of Lot 1 is access. The proposed access along the easterly boundary of Lot 2 has impacts on the shape and development potential of Lot 2. The current proposal correctly assumes that variances would not be granted to allow the driveway to parallel the creek within the required 75' hardcover/grading setback from the creek bank. Assuming that a wetland/creek crossing within Lot 1 would�ultimately be approved, then the proposed 30' ' corridor along the east boundary of Lot 2 and skirting the hillside in the south half of Lot 1, is a reasonable driveway location because it avoids the 75' creek protection zone except at the point of actual creek crossing. However, in order for the driveway to skirt the hill and not encroach into Lot 2, Outlot A is shortened and Lot 1 extends southward past the base of the hill. This is the hardship that supports the lot width variance for Lot 1. 6. The proposed re-plat meets the "front lot/back loY' standards of the Zoning Code with regards to lot areas and with regards to placement of a residence structure on proposed Lot 1 meeting the more restrictive `back lot' setback requirements. 7. Each lot will be served by private wells and individual onsite sewage treatment systems. Septic system site evaluation and design information has been submitted confirming that each lot contains suitable primary and alternate drainfield sites to serve the proposed residences. The elevation of the sites in Lot 1 is generally at least 1.5' or more above the 100 year flood elevation, and 3.5' aabove the delineated wetland elevation. Page 2 of 9 , . � O� O O • �� S CITY of ORONO � � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `9kESIIOg' NO. S � � � 8. Both lots will gain access to Watertown Road via a shared driveway in proposed Outlot A. Lot 2 shall have no separate access to Watertown Road. 9. The property contains a creek which flows through an extensive wetland system upstream of the property. The Orono Surface Water Management Plan indicates , that the Normal Water Level for the large wetland basin just to the north of the properly is elevation 963.5', with the High Water Level (100-year flood level) at elevation 970.4'. The top of the bank of the channel at the constriction area in Lot 1 is at approximate elevation 968.0', and closely matches the delineated ' wetland boundary. Per the recommendation of the City Engineer, the OHWL for setback and lot area calculation purposes for the property should be established at the wetland boundary elevation of 968'. The proposed driveway crossing will include a culvert which has been sized to meet all anticipated stormwater demands. However, to ensure that no upstream homes are flooded if the culvert � plugs, the City Engineer has indicated the top surface of the driveway crossing should be lowered from elevation 973.0' to 972' to allow for an open channel overflow that will be 2' lower than the lowest floor of the upstream residences (974' min.). The culvert should be an arch RCP to allow this reduction in height. , The RFPE, i.e. the minimum floor elevation for any building, should be established at elevation 974'. In proposed Lot 1, based on the topography and site plan submitted by the applicant, neither the buildable area nor the septic sites will be impacted by floodplain and OHWL elevations. 10. The creek driveway crossing will require filling within floodplain as well as within the wetland. A number of variances are required to allow the creek crossing. The specific issues with the driveway which require variances are: a) Portions will be within 75' of the OHWL of the creek where no hardcover or grading is allowed except by variance per Section 78-1286; b) Portions will be within a delineated wetland or within 26' of the wetland, . where no grading or filling is normally allowed. Grading and filling in or near a wetland, and crossing of the creek, are also subject to WCA regulations administered for Orono by the Minnehaha Creek Watershed District. s Page 3 of 9 � � . � O " • O O • �� C ITY of ORONO � � ti �'� G�' . RESOLUTION OF THE CITY COUNCIL ��kES�I�g'� NO. � � � � 11. Substantial runoff from the adjoining properties to the east flows westward over the property. Incorporation of drainage swales is necessary along the driveway to accommodate this drainage. 12. Because the property includes a significant length of creek which flows to Lake Minnetonka, the incorporation of vegetative buffers for stormwater treatment is . appropriate. The applicant has proposed a 35' buffer adjacent to either side of the creek, which will be subject to a buffer easement. � 13. The topography of the site indicates a steep hill at the south end of Lot 1, and the proposed driveway will skirt the base of this hill. Neighbors have expressed a concern whether this area might be buildable. The slope is approximately 40% in some areas, and portions of it may meet the definition of a bluff, which . would be unbuildable area. The area southeast of the creek within Lot 1 with slopes of 18% or greater should be deemed as non-buildable. • 14. A park fee of$200 was paid for the existing Lot 1 when it was created in 1990 per the ordinance in place at that time, and no park fee was paid for Lot 2, on the basis that Lot 2 had previously had a house on it. Because the current application is primarily a lot line rearrangement between two existing lots of record, no park fees should be due with the current application. 15. Because the subdivision is primarily the rearrangement of two existing lots in order to make the northerly lot buildable, the argument can be made that only the newly buildable lot (Lot 1) should be subject to the Storm Water and Drainage Trunk Fee which is charged for land being developed. 16. Based on the above findings and appropriate conditions of approval, the proposed re-plat will result in two lots suitable for the construction of single family residences without the need for further variances. � Page 4 of 9 � °� 0 0 . • �� S C ITY of ORONO ,� : , . � ti ti RESOLUTION OF THE CITY COUNCIL ��`gk'ESI��g'�G N O. � � � � 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 Hickory Fine Homes, Inc. per the preliminary plat drawings by Mark S. Gronberg, a licensed surveyor of Gronberg and Associates, Inc, dated January 16, 2004, subject to the following conditions: 1. A hardcover variance for the driveway creek crossing will be granted upon final plat approval, such variance allowing only the amount of hardcover within 75' of the bank of the creek that is necessary to accomplish the creek crossing. Similarly, a variance will be granted for filling within the floodplain to accomplish the creek crossing, subject to any requirements that may be established by the Minnehaha Creek Watershed District for such work. Only the one proposed creek crossing shall be allowed. 2. A lot width variance of 95' for Lot 1 will be granted upon final plat approval. • 3. Applicant shall establish a 35' vegetative buffer and grant a conservation easement over said buffer, along both sides of the creek within Lots 1 and 2. Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved all grading and drainage improvements on the property, and applicant has obtained the � appropriate MCWD and other permits for the creek driveway crossing for Lot 1, and for stormwater management on the site. 4. Applicant shall grant a Flowage and Conservation Easement over all areas of the plat designated as wetland. 5. The existing drainage easements and conservation and flowage easements will be vacated by the City in favor of new such easements at the time of final plat approval. � 6. Setbacks: a) Lot 1 is subject to 150% of the standard setbacks, per the staff sketch attached to this resolution as E�ibit A. b) Lot 2 is subject to a 50' side street setback for the principal structure from the driveway outlot, rather than the normal 30' side setback. 7. Approval is subject to all recommendations noted in the City Engineer's letter of 1-22- 04, plus any drainage provisions deemed necessary by City Engineer to accommodate � drainage from the east. Page 5 of 9 � °� . 0 0 - • �� C ITY of ORONO _ � � --, ti ti RESOLUTION OF THE CITY COUNCIL �L`�kESIIOg'�G NO. � �. � � 8. Neither lot is subject to the Park Fee because such fee was paid with the prior subdivision. 9. Lot 1, considered as a newly buildable lot, is subject to a Storm Water and Drainage Trunk Fee in the amount of $10,800. Lot 2 is an existing buildable lot and is therefore not subject to the Storm Water and Drainage Trunk Fee. 10. The sloped area southeast of the creek within Lot 1 with slopes of 18% or greater shall be considered as non-buildable land. Applicant shall execute a covenant establishing restrictions on this portion of Lot 1 to prohibit the placement of structures within said sloped areas. 11. Applicant shall submit a final driveway design meeting the approval of the Orono Fire Marshal and the City Engineer prior to issuance of building permits. • 12. Applicant shall provide to the City evidence of a private shared driveway easement and covenants for driveway maintenance over Outlot A in favor of Lots 1 and 2. 13. Lot 2 shall have vehicular access to Watertown Road via the private driveway to be established in Outlot A, and any existing access points from lot 2 to Watertown Road shall be graded so.as to be unusable, prior to issuance of a certificate of occupancy for any home on Lot 2. 14. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced off prior to any land alterations, and such fencing shall remain in place until such time that each Lot is developed. 15. Subdivider shall establish 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 alternative sites. Applicant shall include language alerting future property owners of the need to protect sites on adjacent properties. 16. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of 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 preliminary subdivision application with the City. Page 6 of 9 ' � O� O � • �= C ITY of ORONO � - -; � ti ti RESOLUTION OF THE CITY COUNCiL ��9 4�'G NO. �� . � � k'ESI;� Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled 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'. Drawing to include: a. � Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin & Gronberg and Associates, Inc. dated January 16, 2004, except as modified below. • b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of properly and 5' along the internal lot lines. d. Designation and dedication of drainage easements over drainageways as may be required. � Designation of delineated wetlands on the plat drawings. � e. Naming of the 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 applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Flowage and Conservation Easement to be granted over the wetlands and drainageways within plat. � ' Page 7 of 9 . r • � O� O ,+ O • l C ITY of ORONO � -. : � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'EsH.og'�G NO. � 1 2 � d. Signed and executed Buffer Easement over the portion of Lots 1 and 2 within 35' of the creek. 3. Fees to be paid: Total due: $11,330.00* a. Final plat review fee = $250.00 b. Legal review and filing fees for subdivision and associated documents = $280.00 c. Storm Water and Drainage Trunk Fee in the amount of$10,800 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular • meeting held this 8th day of March, 2004. ATTEST: � 2�i . U Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor � • Page 8 of 9 . , � �, . � �O� O O • �= CITY of ORONO ,� -:. r.. �., , ti ti RESOLUTION OF THE CITY COUNCIL ��kESII�g'�G NO. � � � �, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March, 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. .- =��..��-- �.�� , ��+ �''S� t<Rl�71 Q.l�?�'��^Q�� z �-� ��''��;� r�ai��vRU�trc.hR;rsyrsar,; z �'��✓ �� . "��f��•3�,200� �' Notary Public .� STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this �� 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. ��',�,.� ``�.�--�-•.�--� ,�L�'4� ;>; E" ' �''� RACHEL DOQGE Notary Public }; '� , NOTARY PUBLIC-MINNE�OTA } h"y Commission Exp(res dan.31,2005 � _ _...�.��...��.r��M x f • Page 9 of 9 . • • • - : _._ /� 5 e9•14'0§^ E 328.08'•, �� _— .� , �. . . �-'t\--'--'--- ---'-�-'---' ; _'�'-� � �/, � \� 1� R � ---• ,r � � \1 �•-w,�—::�.- � - �,,.16 w•• : �� 1 ,��I � ' �� , aL i�� I,.� , . � �' I � I J'5�TAKC�TYPJ��I �%- , , w. � I ' , �I� `. �,'�� i� i i I � � '� �': ' � 1 �� , , � � �� . tu i � ` � � o�� " � i '• � '� �� .r". I�o � I , � \• ,' ��r ��. ' � ..�ir -----' i '. 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