HomeMy WebLinkAboutResolution 4641 .14100 Watertown Rd (L5 B1)
• 505 Orchard Park Rd (L6 B1)
575 Kokesh Farm Rd ( L2 B1)
�� 560 Kokesh Farm Rd ( L3 B1)
�� O 515 Kokesh Farm Rd (L1 81)
490 Kokesh Farm Rd (L4 B1)
^3 jt CITY of ORONO
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toc ) RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION APPROVING PRELIMINARY
PLAT FOR PROPERTIES LOCATED AT
4100 WATERTOWN ROAD AND 505 ORCHARD
PARK ROAD
FILE NO. 01-2663
WHEREAS, Craig Alshouse, on behalf of CPV Development Company, LLC.,
(hereinafter the "subdivider")has an interest in the properties located at 4100 Watertown Road and
505 Orchard Park Road, and has filed an application with the City of Orono(hereinafter"the City")
requesting a six lot plat for property legally described as:
Attached hereto as "Exhibit A"
(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 19, 2001 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 April 9, 2001 the Orono City
Council considered the subdivision application of the subdivider noting the following findings
of fact:
FINDINGS
1. The property is located within the RR-1A Single Family Rural Residential
Zoning District requiring a minimum of five acres dry buildable land within each
newly created lot, and a minimum of two acres contiguous for the individual
building sites and drainfield sites.
2. The property contains a total of 37.06 acres of land.
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CITY of ORONO
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3. The proposed plat consists of six residential lots each meeting the minimum lot
size requirement as established for the RR-1A (5 acre) zoning district.
4. Lots 1, 3, 4, 5 and 6 each meets or exceeds the 300' minimum lot width
requirement for properties in the RR-1A zoning district.
5. Lot 2 has a lot width of approximately 220' requiring a variance to the 300'
required width at the structure setback. The City of Orono has approved
variances for lots that front on a cul de sac at the time of subdivision when the
lot can demonstrate a suitable building site and have dimensions similar to other
surrounding lots.
6. The property is located in the RR-1A (5 acre zoning district). The
Comprehensive Plan and the Zoning Code intent for properties in the zoning
district is to provide a combination of low density residential development and
limited agricultural activity. The lot is surrounded by properties that are
developed as low density residential developments and small horse farms.
7. There are two residences on the property. One is the existing primary residence
and a second residence is located at 505 Orchard Park Road. The Orchard Park
lot was purchased and combined in 1996 by the current owners. The primary
residence, shown on proposed Lot 5 is located approximately 50' from the front
property line. A variance shall be approved with the final plat that would allow
the building to remain on the property. The house located on proposed Lot 6
is located over the front property line. A variance shall be approved that would
allow the structure to remain on the property.
8. Several variances and conditional use permits have been granted to permit
additions to the residence on proposed Lot 5. Said variances shall be released
from the entire property to not appear on titles of any newly created lots.
9. In December of 1985 the City Council adopted Resolution No. 1894 for
variances and a Conditional Use Permit to allow the keeping of domestic
animals for commercial purposes and to allow the continued use of the property
for a public riding stable based on conditions that the total employees hired by
the applicants to assist in the commercial horse operation shall not exceed five
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full and part time employees, except for special events to be approved by the
Council. The riding lessons are to be provided by members of the property
owner's family. One additional important condition was the City shall review
the Conditional Use Permit annually, however annual reviews had not been
necessary. The approvals granted by the CUP shall be released from the title
as the use does not carry to the new properties.
10. The keeping of domestic animals for non-commercial purposes is a permitted use
including horses for the use of the occupants of the premises. A minimum of
one acre in aggregate, exclusive of one acre for the principal building, must be
available for each animal unit, except as hereinafter set forth.
11. A minimum of two acres of open pasture must be available for a single horse
and one additional acre must be available for each additional horse. When the
horses are kept stabled and do not require pasture for feed purposes, the
minimum pasture requirement may be adjusted at the discretion of the Council.
Such minimum pasture acreage shall not include low lying lands unusable for
pasture or grazing. Any person keeping such animals must comply with the
provisions of the City Code.
•
12. The use of an accessory building for keeping animals for non-commercial
purposes is a permitted use provided it is for the non-commercial use of the
property owner or resident and meets the available area standards outlined in the
paragraph above (Section 10.20, Subdivision 3 (M). Further, no such structure
shall be located less than 150 feet from the nearest adjacent residence and no
closer than 75 feet from the nearest lot line.
13. The use of accessory buildings or land for the storage or rearing of animals not
owned by the property owner or resident requires a conditional use permit.
Further, no such structure shall be located less than 150 feet from the nearest lot
line.
14. To permit the barn and riding arena to remain on the property variances shall
be approved that would allow the non-conforming structures on a 7.3 acre lot.
The riding arena and barn were originally built before standards were established
regarding the size and number of oversized accessory building allowed on an
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individual property. The riding arena was built on a lot similar in size to the
lot that would remain after subdivision. Maintaining, but not expanding, the
barn and riding arena would contribute to the rural character of the property. The
following variances are required to permit the buildings to remain on the
property following the final plat:
A. To permit two oversized accessory buildings on one lot where one is
allowed.
B. To permit two oversized accessory buildings larger than the 3,000 s.f.
maximum allowed for oversized accessory structures.
C. To permit 14,497 s.f. for all accessory buildings where 6,000 s.f. is
allowed.
15. City protected wetlands were those identified by the City in 1974 and appear on
the City's Wetland Inventory Overlay Maps and are subject to the provisions in
Section 10.55, in addition to WCA regulations. The protected wetlands are
protected at the time of subdivision by the developer by granting of a
"Conservation and Flowage Easement” and further are identified as "Drainage
Easements on the official plat mylars. Section 10.55, Subdivision 15 defines the
minimum lot area requirements shall be interpreted to not allow protected areas
as part of that lot area. City protected wetland areas within the regulatory
boundary are not credited toward dry buildable area for zoning purposes.
16. Watertown Road and Orchard Park Road are maintained by the City of Orono.
Subdivision Code requires the land shown as Watertown Road and Orchard Park
shall be dedicated to the City. Land to be dedicated to the public for right of
way purposes is shown on the preliminary plat drawing dated 3/28/01.
17. A 12' trail easement is proposed along the property lines between Lots 3, 4 and
6. The intent of the trail is to provide for a future path to allow property
owners within the development to access Lot 5. There is a future potential the
barn and riding arena would be used by the owners of Lots 1-4 and Lot 6. The
trail would allow access for those property owners to Lot 5.
18. A 50' pasture easement, in favor of Lot 5 is proposed over the south 50' of Lot
6.
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^� 0. CITY of ORONO
It RESOLUTION OF THE CITY COUNCIL
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19. The proposed private road to be constructed in Outlot A is 950' in length. This
length is allowed for roads ending in a cul-de-sac. The platted Outlot A cul-de-
sac (100') and road (50') meet established standards for width in the Subdivision
Ordinance.
20. Private residential streets serving four units are required minimum paved width
of 24' and the cul-de-sac is to be paved with a 40' radius. Construction
standards are established in the Subdivision Ordinance in Section 11.33,
Subdivision 4.
21. Lots 1-4 require access to the new private road to be constructed in Outlot A.
Lot 5 has had a direct access to Watertown Road. Lot 6 has access to Orchard
Park Road. A Homeowner's Association will be responsible for maintenance of
the private road, horse trail, and stormwater management facilities and pond.
22. The City Engineer has reviewed the stormwater management plan and has
conceptually approved the plan and location of stormwater facilities.
23. The City On-Site Systems Manager has approved the septic design and has
determined each lot demonstrates a primary and alternate site in a location to
meet all required setbacks.
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 and conditional use permit for CPV Development Company, LLC.
be approved per preliminary plat drawings by Martin P. Campion, a registered engineer of Otto
Associates Engineers and Land Surveyors, Inc., revised date 3/28/01, attached as Exhibit B,
subject to the following conditions:
1. The final plat drawing shall indicate the property lines as depicted on the
preliminary plat drawing noted above.
2. Setbacks shall be shown on a revised site plan to be submitted with the final
plat.
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CITY of ORONO
\� A RESOLUTION OF THE CITY COUNCIL
NO. 4641
(Private Road)
3. The private road, to be constructed within Outlot A, shall be developed to City
requirements (Section 11.33, Subd. 4) for private roads serving 4 units. Code
requires a 50' platted right-of-way, and the minimum paved width of the street
to be 24'. The cul-de-sac shall be platted 50' in radius with a minimum paved
radius of 40'
4. The private road will be constructed with rural sections, subject to review and
approval by the City Engineer.
5. Private road construction shall be subject to a Developers Agreement to be
executed between the City and the developer. Private road construction can
begin as soon as the engineering plans for the road as well as stormwater
management plans have been approved by the City, the Developers Agreement
has been executed, and the final plat has been recorded with Hennepin County.
6. The private road shall be privately owned and maintained per the appropriate
access easement/maintenance documents to be executed by the developer. The
developer shall create a homeowners association for such ownership and
maintenance.
7. No building permits will be issued until the private road base work and all
stormwater management improvements have been completed by the developer
and approved by the City.
8. The developer shall grant to the City an underlying Road and Utilities Easement
for Outlot A.
(Landscaping)
9. Subdivider shall plant boulevard trees along the private road per the requirements
of Section 11.60, Subd. 2.
(Stormwater Management Plan/Wetlands)
10. Subdivider shall construct stormwater management improvements generally as
shown on the Preliminary Grading, Drainage and Erosion Control Plan dated
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2/16/01 subject to any revisions of said plan as may be required by the City
Engineer. A final Grading, Drainage & Erosion Control Plan must be approved
by the City Engineer prior to final plat approval. Subdivider shall grant drainage
and utility easements over the stormwater pond located on Lot 1.
11. 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.
12. Subdivider shall grant Flowage and Conservation Easements over City protected
wetlands and show the wetlands as a `drainage easement' on the plat.
13. Standard Drainage and Utility Easements shall be dedicated on the final plat 5'
along interior property lines and 10' along exterior property lines and Outlot A.
(Barns and Riding Arena)
14. Variances shall be approved to permit the barn and riding arena on the property.
15. Subdivider and property owner shall enter into a restrictive covenant that limits
the use of the barn and riding arena to uses accessory to livestock. The
covenant shall restrict any use related to the keeping of livestock to
commercial/private, per the requirements of the Municipal Code, and not permit
any expansion to the use or structure of the buildings.
16. Commercial use, including boarding of horses not owned by the occupants of the
property and/or commercial use of the riding arena shall not be permitted
without conditional use permit approval by the City Council.
17. The remaining accessory buildings located on Lots 1-4 and Outlot A shall be
removed prior to the issuance of building permits as accessory buildings are not
permitted on lots without a principal structure.
(Park Dedication)
18. Payment of standard Park Dedication Fee or dedicate land per City ordinance.
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19. Subdivider is hereby advised that preliminary subdivision approval will expire
one year from the date of Council preliminary plat approval. 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 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 Martin P. Campion of Otto
Associates Engineers and Land Surveyors, Inc. dated March 28, 2001.
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 and utility easements over
detention ponds and drainageways as shown on preliminary grading,
drainage and erosion control plan.
d. Designation and dedication of drainage easements over all City protected
wetlands as shown on the preliminary plat drawing.
e. Designation of Outlot A to serve as a private roadway.
f. 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.
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�►l �1� �~ RESOLUTION OF THE CITY COUNCIL
NO. 4641
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, landscaping and construction of private road
(Outlot A), stormwater and drainage facilities, etc.
d. Signed and executed Flowage and Conservation Easement over the
wetlands within the development.
e. Signed and executed Road and Utilities Easement over Outlot A.
f. Signed and executed "Declaration of Private Road Easement and
Declaration of Maintenance for Same".
g. Signed and executed easement in favor of Lots 1-6 for use of the riding
trail.
h. Signed and executed easement agreement for 50' pasture area within Lot
6 for use by Lot 5.
i. Signed and executed restrictive covenant document limiting the use of the
barn and riding arena on Lot 5.
j. Completed "Application for Private Road Name".
3. Fees to be paid: Total due: $425.00*
a. Final plat fee = $225.00
b. Legal review and filing fees for subdivision and associated documents =
$200.00
c. Park Dedication Fee shall be determined by the City Assessor based on
the fair market value of 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. Park dedication fee shall be based on
8% of the fair market value of land within the plat.
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,OCITY of ORONO
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0 RESOLUTION OF TH4CJ,TYY4CFUNCIL
NO. ��pp
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 9th day of April, 2001.
ATTEST:
tleax /i ; 11 ../18.10,
- Barbara A. Pete son, Mayor
Meig.FL. L7vl it-, JeAtLfti C.e'L
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of April,
2001, by Barbara A. Peterson & 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.
a , ,,11414
• Notary Puslic /
ti�f JlNMARY OTARY PUBLIC JOHNSON
S
MINNESOTA
My Commission Expires Jan.31,2005 8
✓ll_/�'�:i.,-. is/./i'�_.l./' .!./lJ/iJ/�
Page 10 of 12
Property Description of Record
(from Schedule A Chicago Title Insurance Policy No. 315792-List) Exhibit A
• • I
! Pace! 1:
The South Quarter of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter
and the North Quarter of the Southeast Quarter of the Southeast Quarter of the Northeast
Quarter of Section 31, Township 118, Range 2J.
Parcel 2:
That part of the West one-fourth of the Southeast Quarter of the Northeast Quarter, Section 31.
Township 118, Range 2J described as commencing at the intersection of the center line of the
Watertown Road with o line 35.00 feet West of, measured at right angles to and parallel with the
East line of said West one-fourth of the Southeast Quarter of the Northeast Quarter; thence
North, parallel with sold East line, o distance of 135.00 feet; thence East, of right angles, a
distance of.35.00 feet to the point of beginning; thence West, at right angles to said East line, a
distance of 70.00 feet; thence South, parallel with said East line, to the center line of sold road
thence Southeasterly along said center line to said East line; thence North along said East line, to ••
the point of beginning.
Pace!.3:
The South 7.50 acres of the East Quarter of the Northeast Quarter of Section 31, Township 719.
Range 23 and that port of the East Half of the South 27.50 acres of the West Half of the East Holt
of the Northeast Quarter lying North of the Watertown Road described as beginning at the
Northwest corner of the South 7.50 acres of the East Quarter of the Northeast Quarter of said
Section 31; thence North along the East line of said East Half of the South 27.50 acres of the
West Half of the East Half of the Northeast Quarter, a distance of 264.00 feet; thence West
parallel with the North line of the South 7.50 acres of the East Quarter of the Northeast Quarte,
o distance of 165.00 feet; thence South parallel with the aforementioned East line to the centerline
of the Watertown Road; thence Southeasterly along said centerline to Its intersection with the
West line of the South 7.50 acres of the East Quarter of the Northeast Quarter; thence North
along said line to the point of beginning.
Parcel 4:
The West 316.50 feet of the South 1088.10 feet of the West Half of the South 27.50 acres the
West Half of the East Half of the Northeast Quarter of Section 31, Township 118, Range 23 lying
North of the Centerline of the Minneapolis and Watertown Rood.
Parcel 5:
That part of the East Half of the South 27.50 acres of the West Half of the East Half of the
Northeast Quarter lying North of the Minneapolis and Watertown Rood described as beginning at
the Northwest corner of the South 7.50 acres of the East Quarter of the Northeast Quarter of
Section 31, Township 118, Range 23; thence North along the East line of said East Half of the
South 27.50 acres of the West Half of the East Half of the Northeast Quarter. a distance of
254.00 feet to the actual point of beginning of land to be described; thence continuing North
along the East line of said East Half of the South 27.50 acres of the West Half of the East Half of
the Northeast Quarter to the Northeast caner thereof,• thence West along the North line of the
South 27.50 acres to the West line of the East Half of the Northeast Quarter; thence Southerly on
the West line of the East Half of the Northeast Quarter to the center line of the Minneapolis and
Watertown Rood; thence Southeasterly along said center line to its intersection with a line drawn
165.00 feet West of the West line of the South 7.50 acres of the East Quarter of the Northeast
Quarter; thence North parallel with and 165.00 feet West of the West line of said South 7.50
cares 616.98 feet to a point 165.00 feet West of the actual point of beginning; thence East 165.00
feet to the actual point of beginning.
Parcel 6:
The West Quarter of the South Three-Eights of the Northeast Quarter of the Northeast Quarte,
cad that port of the West Quarter of the Southeast Quarter of the Northeast Quarter lying North •
of the center line of the Minneapolis and Watertown Rood in Section .31, Township 118, Range
23, except:
The West 316.50 feet of the South 1088.10 feet of the West Half of the South 27.50 acres of the
West Half of the East Half of the Northeast Quarter of Section 31, Township 118, Range 23 lying
North of the center line of the Minneapolis and Watertown Road.
All in Hennepin County, Minnesota.
Surveyor's Note:
There is a gap in the existing property descriptions for the North Quarter of the Southeast Quarter
of the Southeast Quarter of Northeast Quarter and the South 7.50 acres of the East Quarter of the
Northeast Quarter(Parcel 3). We have shown this gap (see detaw7)and written a description for
the gap and suggest an attorney be contacted to resolve this problem.
Suggested Description of Cop:
That port of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section
.31, Township 118, Range 23, Hennepin County, Minnesota, that lies North of the North line of
the South 7.50 acres thereof and South of the South line of the North Quarter of said Southeast
Quarter of the Southeast Quarter of the Northeast Quarter.
Page 11 of 12
Exhibit B
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