The URL can be used to link to this page

Home My WebLink AboutResolution 6338 . �_ , � O ' Y O , n O CITY of ORONO �� - a �` � RESOLUTION OF THE CITY COUNCIL �� G'�' NO. � � �2 ��kESHOg'� A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PROPERTY LOCATED AT 1645 SHADYWOOD ROAD FILE NO. 13-3622 WHEREAS, Real Assets, LLC, a Minnesota Limited Liability Company, (hereinafter the "Developer") is the owner of the property within the City of Orono (hereinafter the "City") identified as property identification number (PID) 17-117-23-22-0013 and legally described as follows: That part of the South 140 feet of the North 428.5 feet of Government Lot 2, Section 17, Township 117, Range 23, lying West of the West line. of "Shady Wood" and East of a line drawn parallel with and 777.85 feet West, measured at right angles, from the West line of "Shady Wood", Hennepin County Minnesota (hereinafter the "Property"); and WHEREAS, on August 20, 2013, the Developer represented by Todd Holmers filed a complete 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 August 19, 2013, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning th� application were given the opportunity to speak thereon; and WHEREAS, on August 19, 2013, the Planning Commission reviewed the application and recommended on a vote of 6 to 0 that the City Council grant preliminary plat approval, subject to a number of specified conditions; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on November 12, 2013, and hereby makes the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File#13-3622. Page l of 7 � o� O � O CITY of ORONO ; - � ?` �'=` D+ RESOLUTION OF THE CITY COUNCIL �'� :.� :; G�ti No. 6 � �,�_ L�k'ESHOg'� 2. The property is guided in the 2008-2030 Orono Community Management Plan (CMP) for single family residential use at a density of 2 units per acre. The proposed development with single family homes is consistent with the provisions of the CMP, and is consistent with surrounding development. The property is located within the MUSA and will be served with city sewer and city water. 3. The Property is zoned LR-1C Single Family Lakeshore Residential District, which requires a minimum lot area of 0.5 acres and minimum lot width of 100'. The Property contains a total area of approximately 109,109 s.f. or 2.50 acres and has a width of 140 feet along Shadywood Road (County Road 19). 4. The proposed plat would create a front lot of 1.00 acres in area and 110 feet in width along Shadywood Road; and a back lot of 1.23 acres in area, meeting the 0.75 acre minimum for a back lot in the LR-1 C district, and with a defined width of 140 feet. Each lot has a building site meeting the LR-1 C setback standards for a front-back lot split. 5. Access to both new lots will be via a single shared driveway Outlot being 30 feet in width extending westward from Shadywood Road along the southerly boundary of the property. 6. The Property contains an existing single family residence and detached garage in proposed Lot 1, both of which are proposed to be removed. 7. The Developer has submitted a Conservation Design Report accompanied by a Conservation Design Master Plan indicating specific actions to be taken for preservation and protection of identified site resources, including maintenance of existing drainage patterns; tree preservation; and view protection. Information will be provided by the Developer to lot buyers about the protective measures required for the property. 8. The property lies within 1,000' of Lake Minnetonka requiring conformance with the hardcover regulations of the Stormwater Quality Overlay District. The entire property is within Hardcover Tier 2 allowing 30% impervious surface. Per the tier assignment methodology established in Zoning Code Section 78-1701, both proposed Lots 1 and 2 will remain within Tier 2 by virtue of having their primary building area between 250' and 500' of a protected lakeshore. Page 2 of 7 � O� O ,� O CITY of ORONO � �, � a `' =�' � RESOWTION OF THE CITY COUNCIL � � :;�� ,'�' NO. ( �� `�kESH�g'� 9. While the CMP Parks Plan indicates a future trail along Shadywood Road, it does not indicate which side of the road the trail is planned far but it does indicate the trail would be on the shoulder or separated. The Planning Commission has recommended the dedication of a 10' trail easement along the easterly boundaries of Lot 2 and Outlot A. Because dedication of actual 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. Hennepin County has requested an additional 17 feet of right-of-way for County Road 19 for potential future road and trail purposes. The City per its standard practices will only require the dedication of a 10' trail easement along the easterly boundary of Lot 2 and Outlot A as noted above. 11. Both proposed lots will contain suitable area meeting all established setback, hardcover and lot coverage requirements to allow the construction of single family residences without the need for variances 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 for a 2-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated October 24, 2013 and attached hereto as Exhibit A, subject to the following conditions: 1) Lot Standards. Structure setbacks shall adhere to the requirements of the Zoning Code for front/back lot division. 2) Existing Structures. The existing detached garage on Lot 2 shall be removed at the time the existing residence on Lot 2 is removed. 3) Driveway Access. Driveway access to Lots 1 and 2 shall be a shared driveway within Outlot A. All other curb cuts or access points onto the adjacent County Road shall be removed. The Developer shall establish the appropriate shared driveway easements and maintenance covenants over Outlot A. Developer shall provide copies of approved Hennepin County permit for driveway access location for Outlot A. Page 3 of 7 � O� O ,� O CITY of ORONO sa .= � ,"�� - �' � RESOLUTION OF THE CITY COUNCIL �� .:�` ,ti,�' NO. � � ; A G 4--P- ��kESH�g'� 4) Trail Easement. An easement for public trail purposes shall be granted by the Developer over the easterly 10 feet of the plat. 5) Conservation Design Master Plan. Developer shall adhere to the provisions of items 4a. through 4j. of the Conservation Design Master Plan as set forth in the Conservation Design report dated October 29, 2013 by Arrowhead Environmental Consulting which is incorporated herein by reference. Developer shall take necessary steps to preserve existing mature trees on the entire site to the greatest practicable extent. 6) Municipal Sewer and Water. The subject property is located within the Metropolitan Urban Service Area (MUSA). Sewer and water service is available to the property in Shadywood Road. Both Lots 1 and 2 shall make connections to the existing sewer and water mains in Shadywood Road. This plat proposal will be submitted to the Fire Chief/Fire Marshal for review of whether the remoteness of the building site for Lot 1 will require installation of a new hydrant within the property. If a hydrant is required, the developer shall be responsible for the costs of installation of said hydrant. 7) City Utility Connection Charges. The property was fully assessed for sanitary sewer as part of the 1963-1A sewer projects based on front footage and acreage. The property was partially assessed for municipal water as part of the 1970-LW-1 project but was charged for only 1 unit. A second water unit connection charge will be due prior to Final Plat approval in the amount of$2,820 (2013 Fee Schedule). 8) Metropolitan Council Sewer Availability Charge (SAC). Lot 2 is eligible for a SAC credit based on that lot containing an existing residence. A Met Council SAC charge for Lot 1 will be collected for pass through to Met Council at the time of the building permit issuance. 9) Stormwater and Drainage Improvements. The City Engineer has indicated that the Minnehaha Creek Watershed District (MCWD) will require stormwater management for developments in excess of 1 acre only if they are proposing more than 20% impervious surface. This project would be expected to be well below that threshold. However, final plat 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. Upon building permit issuance the property owner will be required to comply with individual lot stormwater and erosion control management practices. Page 4 of 7 � o� O ,_ O CITY of ORONO �� - � � �', ' � RESOLUTION OF THE CITY COUNCIL � � ;�� ,�`� No. h � � � �k'ESH�g' 10) Drainage and Utility Easements. 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. A Drainage and Utility easement shall be granted over the entirety of Outlot A. Drainage Easements shall be granted over any stormwater facilities that may be required by the Minnehaha Creek Watershed District. 11) Development Fees. A. Park Dedication Fee. The subdivision is subject to the standard Park Dedication Fee requirement. Because the value of newly created Lot 1 is expected to be in excess of the threshold value of $69,375.00, the 8% park fee cap of $5,550 per new lot will apply. A Park Dedication Fee will be due for Lot 1 only, in the amount of$5,550. B. Stormwater and Drainage Trunk Fee. The development is subject to the Stormwater and Drainage Trunk Fee, established in the 2013 Fee Schedule of$5,765 per acre for the 1/2-acre zone. The Storm Water Drainage and Trunk Fee is calculated as follows: 2.50 gross acres x $5,550/acre =$14,412.50. 12) City Engineer Approval. Approval is subj ect to recommendations of City Engineer Robert E. Bean, Jr. in his letters dated August 15, 2013 and November 5, 2013. 13) 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 conceptual grading, drainage and erosion control plan for the proposed shared driveway, showing existing and proposed contours; any proposed stormwater facilities and calculations that may be required by the Minnehaha Creek Watershed District; proposed utility connections; 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. (b) Sufficient detail to meet the recommendations of the City Engineer. 14) The Preliminary Plat approval granted by this Resolution shall expire one-year from the approval date (November 12, 2014). Page 5 of 7 . • � O� O � O CITY of ORONO ��t:= � �•, '=` � RESOLUTION OF Ty�ITY COUNCIL �� '� :�::; G�� NO. (� � �� kESHOg'� FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning & Zoning Coordinator at least four (4) 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 October 24, 2013 attached hereto as Exhibit A, except as modified herein. B. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along interior property lines and over all of Outlot A. C. Dedication of"Drainage Easements" over all drainageways or stormwater facilities required by the MCWD. D. 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. 3. Plat approval fees to be paid: Total due: $23,482.50 A. Final plat fee: $700.00 B. Park Dedication Fee: $5,550.00 C. Stormwater and Drainage Trunk Fee: $14,412.50 D. Water Unit Connection Charge: $2,820.00 Page 6 of 7 , . , � O� O � O CITY of ORONO �a,_ ' �-1 � �' � RESOLUTION OF THE CITY COUNCIL �'� � ,�. ., G�ti No. � � 3 8. ��kESH�g'� Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of November, 2013. ATTEST: C. �c� c /i � (�� c'� C�. Rachel Dodge, City Clerk Lili Tod McMillan, ayor .�� '��=----- Property Owner Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 5 day of (��C L�-vK-�-P.� , 2013 by �O�� -�--, o � Wl Q t"S , on behalf of Real Assetts, LLC its .� �� (,�-1-l� Notary Public BARBARA G.SILUS NO�ARY PUBLIC�MINNESOTA My Commissio�E�J�n.31,2018 Page 7 of 7 • ' � Council Exhibit B � � h M __ ___ ___ _�_ ___ ___ __ PftELIMINARY PLAT FOR � 6 3 3 8 �� NORTH LINE OF GOVT LOT 2 0�� a Z ~ SECTION 17-117-23 , ��/�,(/�i�F'� W Q� � - LAIVDSOURCE, LLC �� '° � .. F- �Y a� i `:.,. i IN GOV�T LOT 2, SECTION 17-117-23 a�J X � • '• � U}c� LL i------------------=------------�----{ HENNEPIN COUNTY, MINNESOTA i � N�o ��„�TO��«,G�� I I i Q o W v ,�� I BLOLK 1.SHERW W�VIEW ESTATES ' I I I Z� r I FROYOUTLOTA I � � � � � � � � G r� I caA I � � � �K� '� � �o � I I � W z� � I ' I j � �:�3:�j;• , , ;:; : . . � I I Z W Z o � � o�. � . .__ . .. ,.. �' . ... . . ._. .. . . . . _.. ._. � I ss I �U� a � ` � �: i / / / / i �I i ; �� " —� ` I � � � � �� I I � -�_—�— /-� �� \ . ,.� �� /i� � �� -�� I �' / i i /� j /l \ .. � � I I r I \ �� ' i i i i i �� i I ,=� \ �� i� i� i I i � i i _ I � ___ �`_� , � // / / � // � � � ��`� �I l / � \ / � / � / � / � ,— 1 o,� �� \ \ \ / / / / / � � / / �/ / I . I r„�, � / � � � � � � � I ' J \ � . � / / / / / / / / / S 89'28�`29 E 779.3�� """��E�\ � � � � I� � � � � � � �' i� 60 / / � � / / / ,s�--_•"""t � ass.n o a:" �' � u ,.. - � 1 �.... \ ��`� : : / / / / � � � , ,,. ,s , �o,.- - -�-- - �°•'� --�-�--�� -/- -- � -- - -- - - - - ��`-�- - - 1 ;� /I � � � � .�� :.. �/ �.^.�°°°�°°"�""°° ��-_ -� ..� '. 1T -�......_ .... ��' . ��v�� J �,�T ' -�- �� ' / '�Y �l� � \\��___��/�'� � / � `�,_._ _._ . �``�`� � � � IW i . , . � .;� ..... . .,-..• �� \ � � � --i �..�.. ...."�5 ' ' /�` �, I I �. � , - - , I _ � " �'�, 1 ��P , i - � I , I 'I ,�• �� '""°'t � I T 1 � ,d�` �� 14 �� •��...�.��7. 5 K. �� ,f�. ` : � / _ � canvE� p� �� ...� �� I � � I I 53562+=S.F� ; / �� 'rf�°"" � � � - - . .. � . —� � - Roee Q' I I ',M'�„[ "°"°°"'°°° m'aUy� / / �/ ' ' .wie. .... � �� \A ^ �"^� r °°° � � �� . ''%.� I I � � I' � � J' / / � � I / � �ravsw� , I /� PROPOSED L� 2� '-'---�� '-- ._ ... . / I `cv 1 R� ,� I � �/ � ( �� I S � BUILDING � . 1/./. . ��d�/ ' I wvin000 tss / 1 . / � / ' '� rwwn� �, � � PAD 4 0+_S.F. .. .. - r� I • . I 45 I 1 �r�m� �p,�� /�/��/ ��`7��/i/ �� /�� 'I/.- / I /� P� �r�� , �/ , �� dCl/ la 3 Q ' • y� , . ' -�'� � „� / c `ao •�•' � W I�r�wK,u� I \ �\ �� / ./�/ � � a�oa� �r� ��Iswoao� � /� I �� / p � �E� �#� / •--- ;,:.-. �./' .�.. y�� I .. ' b � / �' I i•. � I � , ��;� :t� /: � r ' „�.��, °"��———'— as I � � a" _ �/ _ �°"°� — �—- - �J�-/--� �-- - / - - f o �i I � �*�� ,� � � i �w l�/l ��, � g � ��.,� � L_ _1 _ a ` `� _ �.� �W,,. �/ �.�, �:_ � / _ , �o, W � I II a� !F � � r\ � \\_�/ � //'/'r �r�du� ' ��r� � �/ I � � � ��P� � / y� r�`�� /�� ? � S� � Q I • iz �r r� � � �r�' �/ 396.T7 ?o -- "'^t —� ,( � I 6 �^ I '.. � �O 1 �r� oueu� • z � '� """ """E' „ �� I'� � ~,^E � ---_��-------- , — --- �o� ---�------ �`"� I - - - - - - - - ---- �,� � . . � � � � _ M^^E"'�\ '�/ 1 d� ,I�,;.�'�^ � ,�, �,�, � „—.,�� '�"�-�- fi -�— -��".��.� _,�-�" � o � "� �� o d I o 9 I `� ��w.,E"'� R�""-��.� ,�'�"s�sz:�""`� � 1 1 � � ,r.�, �,�� ;w.,E"'�,� � I " ��" l��;,,E'� �' 'w.,t �s..,.� OUTL T A � i� 2 � � �" ''.::�::"\\::� i� ::'• i: :•• :';�f� �.;, . � �\ �� 1 \ � �--' �� N89'�8'29•w ns.s� �� 1 � \ � �� I � aa�. ,�_ \• •�;c:�: .� . ._ . . 1 \ � � ,� , � � � � � � / emg � .�� ;�. � x \:. ,„� � \ 1 � � i � � � O y � ;: ;y, m . �.. \ � •�.:. .. . . � _. .. .. � 1 �� i� I / � —�/ � � � na� � '' � '• '>• ' � 11 �� 1 1 � � � � � % � , \�. \ I I �. � •`'. €�� w ` � �i —� .d '.`oe� w � � ' I� � I 1. I ' l� t� \\�---'// �/ // ,/ I �—__— /i �\ � � I I /� I . �?�� ? / { :' • .t ' - / \ � � � � , I • »08o i c. Sm�s � %•r:. �• _.. ___ .. . • •• i._ • . . ... ... ' mE� 5 AON 2�E� � LEGAL DESCRIPTION OF PREMISES SURVEYED: OWNER �am' a�m'� MARY JANE HARVEY, ' Zo n6 w � That part of the South 140 feet of tl�e NoAh 428.5 feet of Govemment Lot 2, TRUSTEE OF THE MARY JANE HARVEY LIVING TRUST DATED AUGUST 17,1998 L�g$ Section 17,Township 117.Range 23,lying West of the West line of"Shady Wood' SELLING TO LANDSOURCE,LLC — and East of a line drawn parallel witli and 777.85 feet West,measured at right 550 25TFI AVE N. g angles,from the West line of'Shady Wood",Hennepin County,Minnesota. ST CLOUD,MN 56303 This survey shows the boundaries of the above described prop.:�ty,and the locadon PROPERTY ADDRESS � � of an exisdng house and garage thereon.k dces not purpoA lo show any other 1645 SHADYWOOD ROAD improvements or encroachmeMs. ORONO,MN 55391 w s • : Iron marker found LOT AREA=109109+-S.F. �� : kon marker set CORRENTLY ZONED LR-1 C � 3� 6� �20 —we-—: Existing contour line from Orono Ciry records s Bearings shown are based upon an assumed datum �� $ �r : Existing tree S� SCALE IN FEET N PROPOSED DRAINAGE AND UTILffY EASEMENTS TO BE 5 FEET WIDE ADJOINING O Q �� LOT LINES AND 10 FEET WIDE ADJOINING RIGHT OF WAY LINES � � � cn KW; o R�CEIVED ' � � w � �w � W� � 'a r '� OC�' 2 4 2013 , { m , � E CITY OF OROPJO � W �.I�� Q ��-,:� � � ��W�al �---- ;��