HomeMy WebLinkAboutRes 5702 ,
VON.
0 OCITY of ORONO
A �
le. 1r At _%�_ G, RESOLUTION OF THE CITY COUNCIL
`�kESiIO� NO. ( 4.
A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR
PROPERTY LOCATED AT
80 WEAR LANE
FILE NO. 07-3325
WHEREAS, Gary DeSantis, a single person (hereinafter the "Developer") is the
owner of the property within the City of Orono (hereinafter the "City") located at 80 Wear Lane
and legally described as follows:
Lot 3, Block 1, Rolling Meadows, Hennepin County, Minnesota
(hereinafter the "Property"); and
WHEREAS, on September 19, 2007, the Developer filed a complete subdivision
application with the City for preliminary approval of a 2 lot residential plat of the Property; 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 November 19,
2007, the Orono Planning Commission held a public hearing for the application at which time all
persons desiring to be heard concerning the application were given the opportunity to speak
thereon; and
WHEREAS, on November 19, 2007, the Planning Commission reviewed the
application and recommended on a vote of 5 - 1 that the Council grant preliminary plat approval;
and
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
December 10, 2007, and directed staff to draft a resolution containing findings and conditions for
approval of the application. The Council hereby makes the following findings with regards to
this application:
FINDINGS
1. This application was reviewed as Zoning File#07-3325.
2. The property is zoned RR-1B Single Family Rural Residential District, which normally
requires a minimum lot area of 2.0 acres and minimum lot width of 200' The Property is
5.0 acres in area, of which 0.97 acres is wetland and 4.03 acres is non-wetland area.
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3. The Property is guided in the 2000-2020 Orono Community Management Plan (CMP) for
single family residential use at a density of 1 unit per 2 acres. The proposed layout
contains 2 lots on 4.03 non-wetland acres, for an overall density of 1 unit per 2 dry acres.
4. The proposed plat involves lot width variances for the two newly created lots. The 200'
minimum width is not reached on Lot 1 until a point approximately 280' into the property
and on Lot 2 the minimum width is not met until a point approximately 90' into the
property. The lots are adjacent to a cul-de-sac and have proposed building sites which
meet the RR-1B setbacks.
5. The proposed plat includes two lots. Both lots will be served via the existing private road
(Wear Lane) to be upgraded and paved to City standards by the Developer, extending
southerly off of Watertown Road.
6. The private road is subject to homeowner association ownership and maintenance, and
subject to an underlying Road, Drainage and Utility Easement to be granted to the City,
as well as a "Declaration of Covenants, Conditions, Restrictions and Private Roadway
Easement". This may have been accomplished with the initial Rolling Meadows plat.
7. Both lots have a building site meeting the RR-1B setback standards (50' front and rear,
30' sides).
8. The 0.97 acre wetland and 25' wetland buffer on the Property are subject to a
Conservation and Flowage Easement and Protective Covenant to be granted to the City.
9. The City has no current plans for trails or parks that specifically require dedication of
land from this property. Because dedication of land for park purposes is not required at
this location, a Park Dedication Fee in lieu of land per City Ordinance would be
appropriate.
10. Both proposed lots have been tested and found capable of providing suitable primary and
alternate sites for on-site sewage treatment systems. Special precautions, including but
not limited to protective covenants as well as physical barriers during construction
activity, must be taken to protect these sites on both a short-term and long-term basis, as
municipal sewers are not projected to be extended to serve this area of Orono.
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11. All proposed lots will contain suitable area meeting all established setback requirements
to allow the construction of single family residences.
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 lot width variances for Gary DeSantis, for a 2-lot plat per the Preliminary
Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated 10/4/07 and
attached hereto as Exhibit A, subject to the following conditions:
1. All areas delineated as wetlands 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.
2. 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.
3. Developer shall upgrade the existing private road to a 24-foot paved width curb-face to
curb-face. Final road design plans indicating the extent of the curb and gutter system (if
applicable) shall be submitted for Council review prior to final plat approval.
4. Development Fees
A. Park Dedication Fee. The development is subject to the standard Park Dedication
Fee requirement. Because the value of the newly created lot will be in excess of
the threshold value of $69,375.00 the 8% park fee cap of $5,550 per lot will
apply. Park dedication fee will be 1 lot x $5,550= $5,550.
B. Storm Water and Drainage Trunk Fee. The development is subject to the standard
Storm Water and Drainage Trunk Fee of $3,050 per acre x 5 gross acres =
$15,250.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4kESI341w NO.
5. City Engineer Approval. Approval is subject to the 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 overall layout for all primary and alternate sewage treatment system sites and
proposed well locations.
b) 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.
c) Engineering details and design for any proposed retaining walls.
d) Road construction plans including proposed plan and profile views, typical street
section, geotechnical report, R-value recommendation and pavement design.
e) 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, and 5' either side of interior property lines, except
such easements shall be increased to accommodate drainage where required, subject
to City staff approval.
b) 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.
c) A Road, Drainage and Utility Easement shall be granted to the City of Orono over the
private road Outlot. This may have been granted with the Rolling Meadows plat.
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=:A. CITY of ORONO
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`9kESH0�� NO. Z
d) A "Declaration of Covenants, Conditions, Restrictions and Private Roadway
Easement" shall-be-executed either as a separate document or incorporated into the
development covenants.
8. Developer's Agreement. Developer shall execute a Developer's Agreement for
construction of improvements on the Property to ensure all site improvements are
installed to the City's specifications and satisfaction. Said Developer's Agreement may
contain additional conditions not noted in this Preliminary Plat Approval resolution. No
land alterations can take place until erosion control is established and the City is in
receipt of a final grading and road plan. No improvements can begin until the City
Engineer has approved all improvement plans. A Letter of Credit must accompany a fully
executed Developer's Agreement written to 150% of the cost of the proposed site
improvements, including any required landscaping. No building permits will be issued
until all drainage facilities and improvements have been installed and satisfactory road
base has been installed.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Planning & Zoning Coordinator at
least four 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 plat survey/drawing by Mark S. Gronberg
dated 10/04/07 attached hereto as Exhibit A, except as modified herein.
B. Dedication of"drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line.
C. Dedication of areas shown as wetlands.
D. Dedication of"Drainage Easements" over all drainageways.
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�'.4 .j 0$11 -1,_ C~ RESOLUTION OF TI-T FITjYOUNCIL
49kES804 NO.
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 and executed Road, Drainage and Utility Easement and
Declaration of Private Covenants, Conditions, Restrictions and Private
Roadway Easement for maintenance of same over the private road Outlot
(Wear Lane).
D. Signed Wetland Buffer, Conservation and Flowage Easement to be
granted over all delineated wetlands on the plat, and signed Wetland
Buffer Maintenance Agreement.
E. Signed Developer's Agreement.
F. Letter of Credit for construction of improvements. The City Engineer
shall establish the amount to be provided in the Letter of Credit.
G. Signed and executed Covenants for Protection of Drainfield Sites.
3. Plat approval fees to be paid: Total due: $21,330.00.
A. Final plat fee= $250.00
B. Legal review & filing fees for subdivision and associated documents:
$280.00
C. Park Dedication Fee: $5,550.00
D. Stormwater and Drainage Trunk Fee: $15,250.00
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el:_ o.^¢; 0- CITY of ORONO
r 47
+L ii4,1�M ,.G RESOLUTION OF THE CITY COUNCIL
`9kESIIOg' NO. 5 ? 0 2
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 10th day of December, 2007.
ATTEST:
L-Y2.-.414_,-' ..j l/ 27-7.L,,-
Linda S. Vee, City Clerk )--et,u-trz.--
sM. White, Mayor
jP/*Iff
Ar _ ..Wb
:'rope►y O ner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this / day of Aa-'it(11--- , 2002by
Jote , Gary DeSantis, Property owner.
MONICA A. FADNESS �c�
ti ,+�r ti Nota y Public
v , NOTARY PUBLIC-MINNESOTA k
;,,.. My Commission Expires Jan.31,2012 1
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Page 7 of 7
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ROLLING MEADOWS 2ND ADDITION
f11,, j PRELIMINARY PLAT AND
i% I CERTIFICATE OF SURVEY FOR
Il.l L I GARY DESANTIS 5 7 0 2
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8 \ HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES LOT AREA = 5.00+- ACRES
Lot 3, Bock 1, ROLLING MEADOWS
o : denotes iron marker GarOWNER
Gary DeSantis
•
80 Wear Lane
Bearings shown are based on assumed datum. Orono, MN, 55391 - 0
This survey shows the boundary of the described property above,
and the location of an existing house, driveway, soil borings,
wetlands delineated by Svoboda Ecological Resources, and existing
topography from City of Orono maps thereon. It does not purport
to show any other improvements or encroachments.
072701,..501
.SOWS REVISION DATE DESORPTION GRONBERG & ASSOCIATES, INC. I HEREBY CERTIFY THAT TNS PLAN,SPECIFICATION.DR REPORT SCALE
WAS PREPARID BY IE OR UJOE.A NV DRECT SIPERVRION ANO 1.'"°..
r /0-7-47 CONSULTING ENGINEERS,LAND SURVEYORS, THAT I All A SAY LICENSED PROFESSIONAL DEER MW ND
LA
DAAWS I SITE PLANNERS SLIDIEYOR UNDER TIE LAWS OF THE STATE OF IANNESOTA DATE
7-13-0i
CHECKED 445 N.WLLOW DR. LONG LAKE,LIN. 55356 '�i �� __ JOB NO.
952-473-4141 DATE /rk-Y. 7 NN LICENSE NUMBER /17 rr 07-270
07-270
RECEIVED
OCT 1 7 2007
CITY OF ORONO