HomeMy WebLinkAboutResolution 6559UR031*40
RESOLUTION Of THE CITY COUNCIL
NO 5 5- 9
A RESOLUTION
GRANTING PRELIMINARY PLAT APPROVAL FOR
SUBDIVISION OF THE PROPERTY LOCATED AT
460 ORCHARD PARK ROAD
- FILE #15-3770
WHEREAS, Jon Morris & Katherine Morrison and Patrick & Melissa Mulheran
(hereinafter the "Applicants") are owners of the property located at 460 Orchard Park Road
(PINS 32-118-23-23-0009) in the City of Orono, Minnesota and legally described as follows:
See EXHIBIT A, attached (hereinafter the Property); and
WHEREAS, on July 22, 2015, the Applicants 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's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on August 17, 2015, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, on August 17, 2015 the Planning Commission reviewed the
application and recommended on a vote of 6-0 that the Council grant preliminary plat approval
for the proposal; and
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
October 12, 2015, and on a vote of 5-0 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 #15-3770.
2. The property is zoned RR -1A Single Family Rural Residential District, which
requires a minimum lot area of 5.0 acres and minimum lot width of 3001
.
3. The Property is 23.17 acres in total area of which 7.01 acres is wetland and 16.16
acres is non -wetland area.
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RESOLUTION OF THE CITY COUNCIL
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4. The Property is guided in the 2008-2030 Orono Community Management Plan
(CMP) for single family residential use at a density of 1 unit per 5 acres (0.2 units
per acre). The proposed layout contains 2 lots on 16.16 non -wetland acres, for an
average density of 0.12 units per acre.
5. The proposed Lots and Outlots are characterized as follows:
Lot Areas
(all figures are approximate)
Wetland (acres) Total Dry (acres)
Total (acres)
Lot 1
5.42 5.26
10.68
Lot 2
1.58 936
10.94
(Addition to 480 Orchard Pk Rd) Outlot A
0.00 0.16
0.16
(Shared Driveway) Outlot B
0.01 1.38
1.39
Total
7.01 16.16
23.17
6. The proposed single-family development with 5 -plus acre lot sizes is consistent
with existing development in the surrounding neighborhood. Developed single
family lots surround this site on the west, south and east; an undeveloped 10 -acre
parcel is to the immediate north. While a majority of the surrounding properties
are nominally 5 acres in area, a very small 0.4 acre lot with existing home (480
Orchard Park Road) abuts a westerly corner of the property. The property
includes a considerable amount of delineated wetland in 4 distinct basins,
scattered among low hills. Most of the property is open fields, with scattered
trees near the homestead and along wetland edges. The property consists of parts
or all of 5 existing lots originally platted in 1914.
7. The property currently consists of a single 23 -acre parcel with a home, detached
garage and a number of other accessory structures. The proposed plat splits the
site to create two lots for single family residential development. Both lots will be
served by a shared driveway extending eastward from Orchard Park Road in
Outlot B, such shared driveway splitting into two individual driveways at the
eastern terminus of Outlot B. Lots 1 and 2 are quite irregularly shaped due to the
odd overall property shape, the location of wetlands, and in order to contain
sufficient dry buildable acreage in each lot while establishing desirable homesites
and incorporating suitable sites for on-site sewage treatment systems.
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8. Lot 1 is oddly configured to include approximately 3.2 acres of dry buildable with
the proposed residence north of the large wetland, and the remaining dry land
within a wedge-shaped parcel north of Outlot B. Contiguity between these two
portions of Lot 1 is provided by a narrow neck scaling to approximately 10 feet.
The RR -1A District standards require that each lot be 300' in width at the road
frontage as well as at the 100 foot front building setback line. Proposed Lot 1 is
approximately 110 feet in width at the 100' front setback, requiring a lot width
variance.
Septic sites have been tested in the northwesterly corner of the lot. The
conceptually proposed house site meets the required side and rear setbacks of 50'
and 100' respectively.
Driveway access is via a shared driveway in Outlot B, narrowing to an individual
driveway sandwiched between the west lot line and the wetland boundary, along
the route of an old field road. This is the only viable location for a driveway,
requiring deminimus filling of wetland which requires approval per Zoning
Code Sections 78-160911610; encroachment of MCVLWD wetland buffer; a
variance to City 5' lot line setback to driveway; potential floodplain
encroachment and fill requiring mitigation; and the need to establish appropriate
culverts and drainageways. The driveway length extending from the point at
which the shared driveways converge is approximately 900 feet. The fire
department has recommended that the driveway be at least 20 feet in drivable
width unless the home is provided with fire suppression sprinklers and that a loop
must be incorporated into the driveway near the house for emergency and service
vehicle accessibility.
9. Lot 2 is proposed as 10.94 acres, of which 9.36 acres is upland. The lot is
somewhat irregularly shaped, and has approximately 280 feet of frontage on
Orchard Park Road, with a conforming width of 320' at the 100' setback line.
The proposed building site is in the eastern half of the Lot, with tested septic sites
further east. Access is proposed to be a shared driveway within Outlot B,
narrowing to an individual driveway.
10. Outlot A is a 70'x100' parcel intended as potential extra land for the small 0.4
acre residence lot at 480 Orchard Park Road, possibly for future on-site sewage
treatment. Outlot B is a 90' wide corridor intended to accommodate the shared
driveway serving Lots 1 and 2. The 90' width is to accommodate the topography
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RESOLUTION OF THE CITY COUNCIL
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and wetlands and allow for a somewhat curvilinear driveway without creating a
more complex outlot configuration and description.
11. The shared driveway will be subject to joint ownership and maintenance, and
subject to easements between the two property owners for use and maintenance,
and subject to an underlying drainage and utility easement.
12. Each proposed lot contains at least 2.0 acres of contiguous dry buildable land and
ate least 5.0 acres in total land area, with the proposed building sites meeting the
RR-lA setback standards (100' front and rear, 50' sides).
13. Due to the large size lots, the need for stormwater improvements appears to be
limited to erosion control and floodplain management per the review by the City
Engineer. The property will be subject to the Stormwater and Drainage Trunk
Fee of $3,075 per acre based on two buildable lots in the 5 -acre zone. The fee is
based on 5 acres for each lot, or $15,375 per lot, for a total fee of $30,750.
14. The Community Management Plan indicates that no future trails are proposed
along Orchard Park Road, and there is no need for trail easements. Since a house
currently exists on the site and one additional homesite is being created, payment
of the standard Park Dedication fee for one new building lot at the rate $5,550 per
lot would be appropriate.
I.S. The Applicants have submitted a Conservation Design Report and Master Plan
prepared by Svoboda Ecological Resources dated September 22, 2015 that
inventories and describes in detail the environmental features of the site, defining
what natural values of the site should be preserved or enhanced and how that
should occur. The Conservation Design Report describes the existing landscape as
"a mixture of grassland, wetland and small woodlots around the homestead and
between fields". With the homes being proposed quite far from Orchard Park
Road and the use of the shared driveway, views into the site will continue to
reflect the rural character typical of the 5 -acre zone. Wetlands and drainage
patterns will be maintained. The proposed Vegetation Management Plan discusses
procedures for management of wetland buffer areas and invasive species that are
scattered through the property including buckthorn and reed canary grass. It is
noted that most trees on the property are healthy but are mostly non-significant
undesirable species. There are no areas of the site that contain defined
`significant tree stands', as this is primarily open field. Removal of dead trees
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will occur in late autumn and early spring. The suggested Master Plan
management guidelines will be incorporated into the development agreement and
covenants to assure adherence. The Council additionally finds that due to the
large size of the property and only two lots being proposed, there is no need for
additional landscaping other than that which exists on the site.
16. Both proposed lots have been tested and found capable of providing suitable
primary and alternate sites for on-site sewage treatment systems. For both lots,
mound systems will be required. 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.
17. Both proposed lots will contain suitable area meeting all established setback and
location requirements to allow the construction of single family residences.
18. Conceptual barn locations depicted on the preliminary plat drawing are
specifically not approved, as such locations as depicted would require location
variances beyond the scope of this preliminary plat approval.
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 Jon Norris and Patrick Mulheran, et al, for a 2 -lot residential plat per the
Preliminary Plat survey and drawings by Mark S. Gronberg of Gronberg & Associates, Inc.
dated 416115, latest revision dated 9128115 attached hereto as Exhibit B, subject to the following
conditions:
1. The Applicants shall be required to implement and adhere to the recommendations
contained within the Conservation Design Master Plan, which will be incorporated into
the Development Agreement.
2. All areas delineated as wetlands as shown on the preliminary plat drawing shall be
subject to the standard Wetland Conservation and Flowage Easement to be granted by the
Applicants. The Applicants are advised that the City -required minimum setbacks from
the wetland boundaries and from MCWD-imposed wetland buffers shall be adhered to.
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RESOLUTION OF THE CITY COUNCIL
NO.
3. The driveway along the westerly boundary of Lot 1 adjacent to the wetland shall be no
less than 12 feet in width. If the home proposed for Lot 1 is not provided with a fire
suppression sprinkler system, all portions of that driveway except that portion abutting
the wetland shall be provided with a 20' wide drivable surface in order to accommodate
emergency and service vehicles.
4. The deminimus filling of the wetland is subject to Orono Zoning Code Sections 78-1609
and 78-1610 regarding removal from the Wetland Overlay District including mitigation
for the fill on site.
5. The Applicants shall establish covenants providing that the homeowners will be
responsible for all future maintenance of the stormwater management facilities.
6. The Applicants shall execute the standard Covenant for Protection of Drainfield Sites.
Special precautions including physical barriers during construction activity, shall be
taken to protect these sites on both a short-term and long-term basis.
7. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and
permits as required. Final plat approval shall not be granted until the Applicants have
provided evidence that all required MCWD permits and approvals have been obtained.
8. Vehicular access to both Lots shall be via the shared driveway to be constructed within
Outlot B. Neither Lot shall have a separate vehicular access onto Orchard Park Road.
The Applicants shall establish easements and covenants over Outlot B for shared use and
maintenance, and Outlot B shall be subject to an underlying drainage and utility
easement. The driveway in Outlot B shall be constructed as a Site Improvement subject
to a Development Agreement and Letter of Credit.
9. Outlot A is intended for future acquisition by the owner of the property at 480 Orchard
Park Road for future use as a site for septic system expansion or replacement.
10. Development Fees:
A. Park Dedication Fee. The development is subject to the standard Park Dedication
Fee requirement. Because the value of each 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 Drainaize Trunk Fee. The development is subject to the standard
5 -acre zone Storm Water and Drainage Trunk Fee of $15,375 per lot x 2 lots =
$30,750.
11. City Engineer Recommendations and Approval. Applicant shall adhere to the general
recommendations of the City Engineer in his comment letter dated 8112115 as well as
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RESOLUTION OF THE CITY COUNCIL
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ongoing recommendations. Final plat approval shall be granted only upon confirmation
by the City Engineer that all engineering concerns have been satisfactorily addressed.
12. Pians 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 and SWPPP showing existing
and proposed contours, anticipated building locations, elevations, stormwater
facilities and calculations, wetland mitigation measures if deemed necessary by
the city and/or MCWD, utilities and erosion control measures to be used during
construction. Final Plat Approval will not be granted until the N innehaha Creek
Watershed District has approved the stormwater management plans and wetland
fill/mitigation plan.
b) Engineering details and design for any proposed retaining walls.
c) Driveway construction plans including proposed plan and profile views, typical
section, and any other engineering details required by the City Engineer.
d) Sufficient additional detail to meet the recommendations of the City Engineer.
13. Other Easements.
a) Drainage and Utility Easements shall be dedicated to the public in both building
lots 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 Engineer approval. Where such
easements cross wetlands, they shall be designated as drainage easements only.
b) A Flowage and Conservation Easement and Restrictive Covenant for Wetlands shall
be granted to the City of Orono over all delineated wetlands on the Property.
c) A Drainage and Utility Easement shall be granted over the private driveway in
Outlot B.
d) A "Declaration of Covenants, Conditions, Restrictions and Private Driveway
Easement" or similar document with regards to the shared driveway in Outlot B
shall be executed by the Applicants.
Page 7 of 9
u OF ��RN0
RESOLUTION OF THE CITY COUNCIL
NO. 65159
14. Developer's Agreement. Applicants 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 and SWPPP. 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 shared driveway base has been installed.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Planning Director prior to the
regularly scheduled Council meeting on the second and fourth Mondays of the month. These
submittals are as follows:
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 and drawings by Mark S.
Gronberg dated 416115, latest revision date 9128115 attached hereto as
Exhibit B, 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.
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.
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IT Y OF OIRON P,
RESOLUTION OF THE CITY COUNCIL
NO. 650
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed and executed Drainage and Utility Easement and Declaration of
Private Covenants, Conditions, Restrictions and Private Driveway
Easement (or similar) for maintenance of same over private driveway
Outlot B.
D. Signed Flowage and Conservation Easement and Restrictive Covenant for
Wetlands.
E. Signed and executed Covenants for Protection of Drainfield Sites.
F. Signed Developer's Agreement.
G. Letter of Credit for construction of improvements. The City Engineer
shall establish the amount to be provided in the Letter of Credit.
Plat approval fees to be paid: Total due: $37,000.00.
A. Final plat fee = $700.00
B. Park Dedication Fee: $5,550.00
C. Stormwater and Drainage Trunk Fee: $30,750.00
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 26th
day of October, 2015.
ATTEST:
lane Tiegs, ity Clefi-
Property Owner
Property Owner
I& - Lk kLh�
Lili Tod McMillan, Mayor
Page 9 of 9
Property Owner
Property Owner
( I r F ��G. -N
RESOLUTION NO. OF THE CITY COUNCIL
EXHIBIT A N 6 50 5
LEGAL DESCRIPTION
Lots 5, 6, 7, 9, and 10 except the North 100 feet of the West 177 feet of said Lot 10, ORCHARD
PARK, Hennepin County, Minnesota.,
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