HomeMy WebLinkAboutRes 4529 / Q
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..�. CITY of ORONO
1416. G RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS III SUBDIVISION
FOR PROPERTY LOCATED AT 1181 WILDHURST TRAIL
-FILE NO.2596
WHEREAS,Brenshell Homes(hereinafter the"subdivider")on May 17,2000,filed
a formal subdivision application with the City for approval of a residential plat of property legally
described as:
Lot 2, Block 1, Heathercroft, 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 public hearings on June 19. 2000 and August 21, 2000 at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, at their regular meetings held on September 11, 2000 and
September 25, 2000, the Orono City Council considered the subdivision application of the
subdivider noting the following findings of fact:
1. The property is located within the LR-1B Single Family Lakeshore Residential
Zoning District requiring a minimum of one acre of contiguous dry buildable
land within each newly created lot.
2. The property contains a total of approximately 7 acres of land.
3. The proposed plat consists of five residential lots each meeting the minimum lot
standard requirements of the LR-1B, Single Family Lakeshore Residential Zoning.
District, except as follows:
Lots 2 and 3 front on the proposed cul-de-sac and do not meet the
defined minimum 140' lot width requirement as measured at the rear line of the
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defined front yard. Lot 2 has a defined width of 110' and Lot 3 has a defined
width of 126'. However, the granting of a lot width variance for these lots is
justified by the fact that each of Lots 2 and 3 contains a suitable building site
meeting all required lot line setbacks without the need for further variances.
4. Lots 2 and 3 are 'through' lots subject to a conditional use permit requirement
for placement of any accessory structures.
5. Each of these three Lots contains sufficient width and building envelope to
accommodate a single family residence.
6. The property contains areas with greater than 12% slopes which are defined as
"steep slopes" by the Code. Section 10.56, Subdivision 16 (G) requires permit
requests for development of properties within the Shoreland Overlay District and
on steep slopes to include adequate information to allow the City to evaluate
possible soil erosion impacts before the permit can be issued. The subdivider
has provided a grading and drainage plan that addresses the issues.
7. The subdivider has proposed a stormwater management plan which will include
stormwater ponding, storm sewers where appropriate, and vegetated buffer areas,
to provide for stormwater quality and quantity management. The outlets from
the ponds would control the rate the stormwater would exit the ponds.
8. Lots 2 and 3 will require a drainage swale to redirect water runoff to the pond
on Lot 1. The portions of the Lots below the 1014' contour will be protected
by a conservation easement. The conservation easement would protect the
natural grades and vegetation on the slope.
9. Drainage Easements will be dedicated on the final plat for the ponds, ravines
and swale.
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RESOLUTION OF THE CITY COUNCIL
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10. Access to the development will require construction by the developer of a public
road within the dedicated public right-of-way known as "Garden Lane".
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 Brenshell Homes for property located at 1181 Wildhurst Trail
per preliminary plat drawings by Coffin & Gronberg, Inc., dated September 12, 2000, subject
to the following conditions:
(General Conditions)
1. A variance will be granted for width of Lots 2 and 3 which do not meet the
140' width requirement of the LR-1B District.
2. Setbacks for all principal residence construction shall be as depicted on the
preliminary plat drawing.
(Roads)
3. Outlot B as shown on the preliminary plat drawings shall be dedicated on the
final plat as a public road. Subdivider shall construct a public road in Garden
Lane and within the new public road right-of-way to be dedicated on the plat.
City Engineer shall approve the alignment of the Garden Lane and Tonkaview
intersection.
4. All Lots except Lot 5 shall access to the new public road dedicated in the plat.
No direct access to Garden Lane from any Lot shall be permitted, except for the
driveway access to Lot 5.
5. Subdivider shall provide final street plans prior to final plat approval. A
geotechnical analysis, R-value recommendation and pavement design calculations
shall be submitted for review and approval by the City Engineer and Director
of Public Works prior to final plat approval.
6. All curb and gutter shall be concrete. Streets shall be constructed to City public
road standards.
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(stormwater Management)
7. Subdivider shall construct stormwater management improvements generally as
shown on the Preliminary Grading, Drainage and Erosion Control Plan dated
September 12, 2000 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. Both NURP
stormwater ponds shall have outlet structures constructed to City Standards that
provide skimming to the 100-year storm event. Storm sewer design and
calculations should shall be provided for review. Final plans shall be subject to
approval by the MCWD, and final plat approval will not be granted until the
MCWD has approved all grading and drainage improvements on the property.
Subdivider shall adhere to the "Best Management Practices for Protecting Water
Quality in Urban Areas".
8. Subdivider shall grant easements over all drainageways and stormwater ponds
within the plat, as follows:
1. Standard drainage and utility easements shall be dedicated on the final
plat 10' along exterior property lines and 5' along interior property lines,
and over stormwater detention ponds located on Lots 1 and 5.
2. Drainage easements shall be granted over the lower ravine within Lot 2
and a conservation and flowage easement shall be granted over the south
portion of Lot 2 to ensure the higher elevations of the ravine are also
protected.
3. A conservation easement shall be granted over Outlot A to protect the
ravine from any land alteration and vegetation'removal, and a similar
easement shall be granted over the east side of Lots 2 and 3.
4. The legal description and language of all easements shall be approved by
City staff and the City Attorney.
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9. The stormwater ponds shall be privately owned and maintained per the
appropriate maintenance documents to be executed by the subdivider. The
subdivider shall create a homeowners association for such ownership and
maintenance. The easements over said ponds shall grant the City authority to
require maintenance of said ponds by the Homeowners Association.
10. Restrictive covenants shall include that the property owners (Homeowners
Association) of Lots 1 through 5 shall be responsible for maintenance of
stormwater management ponds.
(Tree Protection and Planting)
11. Subdivider shall provide a site plan identifying all mature trees and areas of
vegetation that exist on the property, and identify all trees that will not be
removed. Trees to remain on the property shall be physically marked and
identified by fence prior to any land alteration on the site.
12. Subdivider shall plant boulevard trees along the public road per the requirements
of Section 11.60, Subd. 2.
(Soil and Slope Protection)
13. All areas of steep slopes (slopes in excess of 12%) which are disturbed or
created by grading of the site shall be sodded upon reaching final grade, and sod
shall be staked in place and maintained to ensure slope and soil stability and to
avoid erosion on the site. During construction, silt fence shall be maintained
around all areas where the existing soils and vegetation are disturbed. City shall
have the authority to require extraordinary measures as may be deemed necessary
to protect the slopes on the site from erosion.
14. Utility installation shall require directionally bored lines under Wildhurst Trail
and between Lots 2 and 3 to avoid disturbing existing surface soils and
vegetation.
(Trail Construction and Park Dedication)
15. A trail connection shall be made by the subdivider from the end of Garden Lane
to the park area to the west. The trail shall be of bituminous surfacing. Final
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location and design shall be approved by the City Engineer and Director of
Public Services.
16. Subdivider shall pay the standard Park Dedication Fee per City ordinance.
(Utilities)
17. The standard sewer connection fee shall be paid for 5 new lots.
18. Subdivider shall be responsible for installation of all utilities to serve the 5 lots.
Sanitary sewer design and installation shall be subject to approval by the City
Engineer and Director of Public Services.
(Building Permits)
19. No building permits will be issued until the road base work and all stormwater
management and utility improvements have been completed by the subdivider
and approved by the City.
(Developers Agreement)
20. This development shall be subject to a Developers Agreement to be executed
between the City and the subdivider. Road, utility and stormwater management
facility construction can begin as soon as final plans have been approved by the
City and other necessary authorities and the Developers Agreement has been
executed.
(Final Plat Approval)
21. 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.
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„: tp CITY of ORONO
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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 Coffin & Gronberg, dated
September 12, 2000 on file with the City of Orono.
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 easements over detention ponds
and drainageways as shown on preliminary grading, drainage and erosion
control plan.
d. Conservation easements shall be granted over the areas below the 1014'
contour over Lots 2 and 3.
e. Dedication of Outlot B as public right-of-way rather than as an outlot.
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.
b. The applicant must provide certified copies of all recorded easements
currently affecting the property.
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c. Signed and executed Developer's Agreement and letter of credit for 150%
of approved site improvements and construction of roads, stormwater and
drainage facilities, etc.
d. Signed and executed Conservation Easement for land below the 1014'
elevation within Lots 2 and 3.
e. Signed and executed Drainage Easements to be taken over drainageways
and detention areas within plat.
f. Completed "Application for Road Name".
3. Fees to be paid: Total due: $400.00*
a. Final plat fee = $200.00
b. Legal review and filing fees for subdivision and associated documents =
$200.00
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. Park dedication fee
shall be based on 8% of the fair market value of the land.
d. Sewer connection fees as set within the City of Orono Fee Schedule.
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==-- s: tp- - CITY of ORONO
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ikoiro: o~ RESOLUTION OF THE CITY COUNCIL
t9kESH04s NO. 4 5 , ° _-
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 9th day of October, 2000. ,
ATTEST:
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Linda S. Vee, City Clerk Gab 1 Jabbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of
October, 2000, 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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MARY ANN JOHNSON Not Pu:�b
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NOTARY PUBLIC-MINNESOTA ti
`� Is, MY Cbn Expires Jan.31,2005
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