HomeMy WebLinkAboutResolution 7425 Prelim plat 2245 Watertown Rd CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t � NO. 7425
A RESOLUTION
APPROVING A PRELIMINARY PLAT
OF THE PROPERTY ADDRESSED:
2245 WATERTOWN ROAD, INCLUDING PIDS#34-118-23-33-0056;
03-117-23-22-0001; 03-117-23-22-0002; 03-117-23-22-0022; and
03-117-23-22-0021
FILE NO. LA22-000059
WHEREAS, on October 24, 2022, Thomas J. Ryan (hereinafter the"Developer"), applied for
preliminary plat approval pursuant to the City Code for the property addressed 2245 Watertown Road,
including PIDs 34-118-23-33-0056, 03-117-23-22-0001, 03-117-23-22-0002, 03-117-23-22-0022, and 03-
117-23-22-0021 legally described as:
Attached as Exhibit A (hereinafter the"Property");
WHEREAS, the Developer is the owner of the Property; and
WHEREAS, the Developer made an application to create two buildable lots from the Property; and
WHEREAS, on October 16, 2023, after published and mailed notice in accordance with Minnesota
Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, on October 16, 2023, the Planning Commission recommended approval of the
preliminary plat as applied; and
WHEREAS, on November 13, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that on November 13, 2023, the City Council of Orono
Minnesota hereby grants preliminary plat approval preliminary plat approval to create a two-lot plat
including one new buildable lot, based on one or more of the following findings of fact concerning the
Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all
minutes from the above-mentioned meetings, and any and all other materials distributed at these
meetings are hereby incorporated by reference.
A2. The Property contains 5.13 acres (223,462 square feet) in area.
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sL0.� CITY OF ORONO
a
RESOLUTION OF THE CITY COUNCIL
''''$, Ilk
e� tiG� NO. 7425
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A3. The Property is guided for Rural Density Residential in the 2040 Community Management Plan.
A4. Access to the Property is via Watertown Road, a public street.
A5. The Property is located in the RR-1 B One Family Rural Residential Zoning District.
A6. The proposed Lots meet the dimensional standards and setbacks established for the RR-1 B
district.
A7. Suitable septic treatment areas have been identified on both lots which conform to the state
septic code.
A8. The Property will be platted into two (2) buildable lots. Both lots conform to the size requirements
of the City Code.
A9. The Developer has provided a grading plan for reorientation of the existing drainage ditch on the
Property. Grading plans for the individual lots will be developed and submitted individually with
the construction permits for the new homes on each Lot. The grading plans shall manage
stormwater on site without negatively impacting adjacent parcels. The Developer shall coordinate
with the Minnehaha Creek Watershed District (hereinafter the "MCWD") and provide confirmation
to the City regarding the permits or approvals they will require for this development.
A10. In considering this application for preliminary plat, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed plat upon the health,
safety and welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area.
CONCLUSIONS, ORDER AND CONDITIONS:
NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the
Orono City Council hereby grants Preliminary Plat Approval for the Property creating two buildable lots,
as depicted on the preliminary plat drawing dated July 7, 2023 prepared by Gronberg and Associates,
Inc., attached as Exhibit B, subject to the following conditions:
B1.Council approval is based on the entire record, above Findings.
B2.Any amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
<IkE SHo�� NO. 7425
B3.Violation of or non-compliance with any of the terms and conditions of this resolution may result
in the termination of any authority granted herein.
B4.The Developer shall obtain the required permits for the proposed grading work. Additionally, the
downstream sedimentation and erosion caused by the Developer's unpermitted grading activity
shall be removed and restored. The Developer shall obtain permission from any affected
landowner where removal and restoration is to take place.
B5.Approval is subject to 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.
B6.Approval is subject to the recommendations of the City Engineer and any forthcoming comments
as may be warranted
a. All required Drainage and Utility Easements must be provided on the Plat.
B7.Permits Required.
a. Grading and Right-of-Way permits are required prior to construction of the new driveway
serving Lot 2.
b. Grading permits for the ditch realignment.
c. MCWD Erosion Control and Stormwater Management permits, if applicable.
B8.Prior to commencement of any construction, the construction limits shall be clearly marked with
adequate fencing to prevent any construction damage or disturbance of any trees and vegetation
outside of the construction limits area. Developer shall identify trees to be preserved on site,
shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage,
etc. to ensure they are not disturbed.
B9.Violation of or non-compliance with any of the terms and conditions of this resolution may result
in the termination of any authority granted herein.
B10. Easements Required.
a. Drainage and Utility Easements shall be dedicated to the public on the Final Plat as
follows:
i. 10' along all exterior property lines, and 5' either side of interior property lines,
except such easements shall be increased to accommodate drainage and utilities
where required, subject to City staff approval.
ii. Over all pipes, swales, and ditches providing a drainage path for multiple
properties.
b. A Drainage Easement shall be granted over all wetlands, creeks, and buffers on the
Property.
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-cLQt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
k� o�tiG NO. 7425
SH
B11. Upon evidence of resettlement history, the Developer shall cease all activity and contact the
City and the State Historical Preservation Office prior to proceeding.
B12. 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 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 MCWD has approved the stormwater management plans.
b. Final stormwater management plan, if applicable.
c. Final stormwater pollution prevention plan (SWPPP), if applicable.
d. Sufficient detail to meet the recommendations of the City Engineer.
e. No land alterations can take place until erosion control is established and the City is in
receipt of a final grading.
f. No improvements can begin until the City Engineer has approved all improvement plans.
g. No improvements can begin until 24 hours after the Plat has been recorded with
Hennepin County.
B13. Council approval is based on the entire record, above Findings. Any amendments to the plans
which are not in conformity with City codes may require further Planning Commission and City
Council review.
B14. Authorities granted by this resolution run with the Property not with the owners, but are
permissive only and must be exercised by filing a Final Plat application within one year of the
date of Council approval, or the preliminary plat approvals will expire on that date (November 13,
2024). If Final Plat approval is not granted by that date, the terms and conditions of this
resolution shall be null and void. The City Council at its sole discretion may extend the effective
period of the preliminary plat.
FINAL SUBMITTALS:
Developer shall complete all requirements for Final Plat Approval as follows. The following list of final
submittals must be submitted to the Planning Department at least four (4) weeks prior to the regularly
scheduled Council meeting held on the second and fourth Mondays of the month. These submittals are
as follows:
Cl.Record Plat Drawings. 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'. A
scalable digital copy is also required. Drawing to include:
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
4/Qs
tiG~ NO. 7425
kESH
a. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates, Inc.,
dated July 7, 2023 attached hereto as Exhibit A, except as modified herein.
b. Dedication of"Drainage and Utility Easements" 10' wide along exterior property lines and
5' wide along the interior property lines.
c. Dedication of "Drainage Easements" over the wetlands and drainageways and all pipes,
swales, and ditches providing a drainage path for multiple properties.
d. Name of plat.
C2.Legal documents required:
a. Title opinion addressed to the City or a title insurance policy in favor of the City issued no
more than 60-days prior to the date of Final Plat approval. All owners, mortgage holders or
others with property interest indicated therein shall sign the plat and all other documents
affected by such interest.
The Developer must provide certified copies of all recorded easements currently affecting the Property.
C3.Financial Guarantee. The Developer shall submit a final plat review escrow in the amount of
$2,500.00 with the Final Plat application.
C4.Plat approval fees to be paid: Total due: $550.00
a. Final plat fee: $500.00.
b. Park Dedication Fee: $0
c. Stormwater and Drainage Trunk Fee: $0.
C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in
the termination of any authority granted herein.
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i.;(, .. CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
,�kFSHo� G No. 7425
ADOPTED by the Orono City Council on this 13th day of November, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
1,
ATTEST:
0
Christine Lu.� ity Clerk
6
Resol. No. 7424
Exhibit A
LA22-000059
Exhibit A
Parcel 1: That part of the Southwest Quarter of Section 34, Township 118, Range 23 described as
follows: Commencing at a point on the South line of said Section, 955.35 feet West of the
Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7
feet to a point in the center line of the Minneapolis and Watertown Road which is distant
1327.7 feet Southwesterly measured along said center line from a point on the East line
of said Southwest Quarter which is 759 feet North of the Southeast corner of said
Southwest Quarter; thence Southwesterly along the center line of said road, 920.2 feet
more or less to the South line of Section 34; thence East along said South line of Section,
1167.4 feet more or less to point of beginning; except that part thereof lying Westerly of
the following described line: Beginning at a point on the South line of said Southwest
Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an angle
of 72 degrees 09 minutes from said line to the centerline of said Minneapolis-Watertown
Road and there ending.
Parcel 2: That part of the North 1/2 of the Northwest quarter of Section 3, Township 117, Range 23
described as follows: Commencing at a point in the North line of said Section, 913.6 feet
East of the Northwest corner of said Section; thence Southeasterly 64 feet more or less
to a point on the West line of the East 35 acres of the North 55 acres of the Northwest
Quarter of said Section 3 which is 34.9 feet South of the Northwest corner of said East 35
acres of the North 55 acres; thence North along said West line of East 35 acres of North
55 acres 4.9 feet; thence Northeasterly 484.8 feet more or less to the Northeast corner of
the West 10 acres of the East 35 acres of the North 55 acres of said Northwest Quarter of
Section 3; thence West along the North line of said Section, 536.65 feet more or less to
the point of beginning.
Parcel 3: All that part of the Northwest Quarter of Section 3, Township 117, Range 23 described
as beginning at a point on the North line of said Northwest Quarter distant 885 feet East
of the Northwest corner thereof; thence East along said North line 28.6 feet; thence
Southeasterly to a point on the West line of the East 35 acres of the North 55 acres of
said Northwest Quarter, said point being 34.9 feet South of the Northwest corner of said
East 35 acres; thence North along said West line of said East 35 acres a distance of 4.9
feet; thence Northeasterly to the Northeast corner of the West 10 acres of the East 35
acres of the North 55 acres of said Northwest Quarter; thence South along the East line
of said West 10 acres a distance of 80 feet; thence West parallel with the North line of
said Northwest Quarter to a line drawn through the point of beginning at a Southeasterly
angle of 72 degrees 09 minutes from said North line of said Northwest Quarter; thence
Northwesterly to the point of beginning.
Parcel 4: That part of the following described property: That port of the Southwest quarter of
Section 34, Township 118, Range 23 described as follows: Commencing at a point on
the South line of said Section, 955.35 feet West of the Southeast corner of said
Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center
line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly
measured along said center line from a point on the East line of said Southwest Quarter
which is 759 feet North of the Southeast corner of said Southwest Quarter; thence
Southwesterly along the center line of said road 920.2 feet more or less to the South line
of said Section 34; thence East along said South line of Section, 1167.4 feet more or
less to point of beginning; lying Easterly of the following described line: Beginning at a
point on the South line of said Southwest Quarter 864.6 feet East of the Southwest
corner thereof; thence Northwesterly at an angle of 60 degrees to said South line to the
centerline of said Minneapolis-Watertown Rood and there ending; and lying Westerly of
the following described line; Beginning at a point on the South line of said Southwest
Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an angle
of 72 degrees 09 minutes from said South line to the centerline of said Minneapolis-
Watertown Road and there ending.
Parcel 5: That part of Outlot A, The Nursery, embraced within Lot 3, Block 1, Kelley & Kelley
Division.
Parcel 6: That part of Outlot A, The Nursery, embraced within Lot 2, Block 1, Kelley & Kelley
Division.
Parcel 7: Outlot B, The Nursery
According to Certificate of Title 777617, Hennepin County, Minnesota
Resol.No.7424
Exhibit B
12i v LA22-000059
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