HomeMy WebLinkAbout#5607 - Prelim plat s '
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A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR PROPERTIES LOCATED AT
1450 AND 1�00 BRACKETTS POINT ROAD
FILE NO. 07-3274
WHEREAS, Bruce Paddock (hereinafter the "Developer") represented by George
Stickney, is owner of the properties within the City of Orono (hereinafter the "City") located at
1450 and 1500 Bracketts Point Road and legally described as follows:
Lots 1 and 3, Block 1, BRACKETTS POINT, Hennepin County, Minnesota
(hereinafter the "Property"); and
WHEREAS, on February 22, 2007 the Developer filed a subdivision application
with the City for preliminary approval of a two-lot residential re-plat of the Property including
adjacent public road right-of-way (requestin� tliat said right-of-way as well as underlying and
adjacent drainage and utility easements abutting the Property be vacated); and
WHEREAS, the proposal will result in vacation of the southerly approximately
580' of Bracketts Point Road, and the re-platting of Lots 1 and 3, Block 1, Bracketts Point, to
create a new private road outlot servinb 14�0, 1480 and 1500 Bracketts Point Road; a 2.00 acre
lakeshore lot to replace the 2.00 acre non-lakeshore lot at 14�0; a 2.R4 acre lakeshore lot t�
replace the 3.72 acre lakeshore lot at 1500; and a new tennis court outlot; 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, the Orono
Plaru�ing Commission held a public hearin� for the application on March 19, 2007, at which time
all persons desirin� to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on March 19, 2007 the Planning Coinmission on a vote of 7-0
recommended approval of the proposed plat and vacation subject to a number of conditions; and
WHEREAS, the City Council re�viewed the proposal at a re�ular meeting held on
April 9, 2007 and hereby makes the followina findin�s with regards to this application:
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FINDINGS
1. This application was reviewed as Zoning File #07-3274.
2. The property is zoned LR-lA Single Family Lakeshore Residential District,
which requires a minimum lot area of 2.0 acres and minimum lot width of 200'
The Property includin� the right-of-way to be vacated is �.99 acres in area, all of
which is dry buildable area.
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 residential lots each exceeding 2.0 acres in area.
4. The proposed re-plat includes two residential lots. Both lots, plus the adjacent
property at 1484 Bra�ketts Point Ro�d, wi1_1_ be sPrved via a new private road to be
constructed by the Developer, extendin� generally southeastward along the north
and east property boundaries of Lot 1 and ending in a cul-de-sac abutting Lots 1
and 2. This new private road will replace the existin� public road wlzich will be
vacated. At the level of 3 properties being served the required outlot corridor
width by City ordinance would be 50' for the road and 100' diameter for the cul-
de-sac, with a 24' paved width and 80' diameter paved cul-de-sac. Because the
existing public road not being vacated avera�es only 14'-16' in traveled width
within a 20' riDht-of-way corridor, it would be reasonable to not require the full
code-standard 24' paved width for the new private road. However, in order that
the Fire Code is met and that adequate emergency access is p�`ovided, it is +�
reasonable to require that the new private road be no less than 20' in paved width.
To provide adequate roorn for draina�e, utilities and snow stora�e, the outlot
corridor for the private road must be no less than 30' and additional draina�e and
utility easements within the abutting properties should be established to provide a
total dedicated corridor width of�0' wherever possible, but in no case less than
10' outside the paved roadway.
5. The private road will be subject to homeowner association ownership and
maintenance, and subject to an underlying Road, Drainage and Utility Easement
to be granted to tlie City, as well as a "Declaration of Covenants, Conditions,
Restrictions ancl Private Roadway Easement" either as a separate document or
incorporated into the development covenants.
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6. Vacation of the public road and its associated drainage and utility easements, and
relocation of the eaisting utilities within the vacated corridor, will provide Lot 1
with a lakeshore yard that is not encumbered by easements.
7. Because the number of residential buildin� sites does not increase as a result of
the re-plat, no park dedication will be required. Additionally, because this is
functionally only a lot line rearrangement, no Storm Water & Draina;e Trunk Fee
will be required.
8. The proposed plat and road relocation will remove significant amounts of
hardcover from the 0-75' lakeshore setback zone where no hardcover is normally
allowed, and relocate it to the 75-250' zone where its runoff impacts are reduced.
9. All proposed lots will contain suitable area meeting all established setback and
hardcover requirements to allow the construction or reconstruction of single
family residences. The City Council finds that it would be appropriate to grant a
hardcover variance to allow the historic Woods cabin and associated amenities to
remain in the 0-75' zone on Lot 2, the Council does not find compelling reasons
or hardship to grant a hardcover variance for future replacement of the e�isting
residence on Lot 2 at the time of re-plat; such variance if requested at the time that
residence is actually proposed to be replaced, should be reviewed at that time on
its own merits.
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 Bruce Paddock for a 2-lot plat per the Preliminary Plat survey/drawing by Mark S.
Gronber� of Gronberg & Associates, Inc., undated and with accompanying notes by City staff,
attached hereto as E�hibit A, subject to the following revisions and conditions:
1. Applicant shall relocate a11 public and private utilities from the roadway and easements
being vacated onto Outlot B, the new private road, at applicant's expense. Prior to final
plat approval and final action on the proposed road and easement vacations, applicant
shall provide suitable evidence that all utility companies have approved the relocation of
utilities.
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2. The backup `T' area and the first 40' of proposed road shall be platted and dedicated as
public road, as shown on Exhibit A:
3. Outlot B shall be 40' in width up to a point appro�imately 40' west of the tennis court,
then narrowing to 30' out to the cul-de-sac. The paved road shall be 20' in width its entire
length. A 10' clear space for snow storage shall be maintained either side of the paved
road, as follows: a 5' drainage and utility easement shall be created within the Headrick
property; the standard 10' drainage & utility easement shall be established within Lot 1
along Outlot B; and a covenant shall be established allowing no fences within 10' either
side of the pavement, as well as a covenant requiring that the private road be maintained
in all seasons to its paved width and not allowed to be narrowed.
4. The cul-de-sac right-of-way shall be allowed to remain at 90' diameter, and the internal
island shall be reduced to allow for a 20' paved width loop with an outside dimensi.on of
80' diameter. Within Lots 1 and 2 abutting the cul-de-sac bubble, the required perimeter
drainage and utility easement shall be increased to 1�' as shown on Exhibit A.
5. Approval is subject to provision of the standard Road, Draina�e and Utility Easements to
be �ranted to the City over the road outlot. The developer shall establish a homeowners
association as well as the necessary road maintenance a�•eements, etc. to ensure that the
private road will be maintained to reasonable standards at all times by a homeowner's
association, and that failure of that private group to so maintain their private road will be
cause far the City to accomplish needed maintenance and to assess the benefitted
properties for the direct cost of such maintenance. The private road shall be subject to a
"Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" to
be executed by the Developer either as a separate document or incorporated into the
development covenants. The private road shall be constructed to a 20-foot paved width,
rural section. In the event that adequate stormwater mana�ement dictates the need for
sections of curb and gutter, final road design plans indicating the extent of the curb and
Dutter system shall be submitted for Council review prior to final plat approval.
6. The applicant's request for a hardcover variance for the "Woods" cabin shall be granted
based on the historic presence of that structure; the e�act amounts of hardcover
associated with that structure shall be documented prior to final plat approval; said cabin
shall not be required to be removed if/when the principal residence on Lot 2 is removed.
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7. The applicant's request for a pennanent ha.rdcover variance/allotment for the 75-250'
zone of Lot 2 shall not be granted. .The amount of eaistin� hardcover within Lot 2 in the
pre- and post-subdivision condition shall be documented by the applicant. When Lot 2 is
redeveloped it shall meet the hardcover standards, or shall be the subject of a separate
hardcover variance at the time it is redeveloped that will be reviewed on its ovv�i merits.
8. A formal `waiver' of the average setback ordinance with respect to Lots 1 and 2 shall be
granted based on the configuration of the property.
9. The only accessory structure allowed in Outlot A shall be the private teruzis court, and it
is specifically granted a variance to be 10' from the new street lot line. Ownership of
Outlot A may be either by one, some, or all of the owners of Lots 1 and 2 and the o��ner
of 1480 Bracketts Point Road.
10. Relocated sewer main lines will become owned by the City. The eaisting sewer lines to
be abandoned shall be removed.
11. Since no additional building lots are bein� created, no park dedication fees or stormwater
& draina�e trunk fees will be required.
12. Prior to Final Plat Approval, the Developer shall provide a grading and drainage plan
addressing stormwater management, subject to approval by the City Engineer. Approval is
�uhject to Minnehaha Creek Watershed District (_MCWD) approval and pennits as required.
Fina1 plat approval shall not be granted until the Developer has provided evidence that all
required MCWD permits have been obtained, and the City Engineer has approved the
�rading and drainage plan. The Developer shall establish covenants providing that the
homeowners association will be responsible for all future maintenance of stormwater
mana�ement facilities. In the event that stormwater management facilities are required that
include ponding areas that are not within the standard perimeter drainage and utility
easements, such ponding shall be subject to a drainage easement and if necessary the lot line
between Lots 1 and 2 shall be revised so that Lot 1 contains at least 2.00 acres exclusive of
the pond areas below the OHW.
13. Ci4;� Engine�r Approval. Approval is subject to the ongoin� reconunendations of tl�e
Citv EnQineer.
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14. Plans and Specifications. The following plans and specifications shall be subinitted for
review and approval by the City and other appropriate jurisdictions, to ensure that the
proposed plat will accomplish the intended purposes:
a) Final plans and specifications for all proposed utility lines and services, includin�
proposed revisions to existing service facilities, as well as a utility abandoiunent
plan.
b) Final grading, draiiiace and erosion control plan showing eaistin� and proposed
contours, building locations, elevations, stormwater facilities and calculations,
utilities and erosion control measures to be used durinQ construction. Final Plat
Approval will not be granted until the Minnehaha Creek Watersl7ed District has
approved the stoimwater management plans.
c) Engineering details and design for any proposed retaining walls.
d) Final boulevard landscaping design plan with planting schedules including
numbers and species, as a minimum in accordance with the boulevard landscaping
requirements of the subdivision ordinance.
e) Road construction plans includin� proposed plan and profile views, typical street
section, �eotecluiical report, R-value recommendation and pavement design.
� Sufficient detail to ineet the recommendations of the City Engineer.
All of the above plans shall be approved by the City Engineer prior to Final Plat
Approval.
l�. Developers 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 Developers 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 beQin until the City
Enaineer has approved all improvement plans. A Letter of Credit must accompany a fully
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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 Zonizlg Administrator 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) mylax copies (one copy for the City's
records and one for filin�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. Gronbera
attached hereto as Exhibit A, except as modified herein.
B. Dedication of"drainaae and utility easements" 1 U' alon� exterior property
lines and 5' along the interior property line, except as modified herein and
as depicted in Exhibit A.
C. Dedication of"Draina�e Easements" over all drainaaeways and
stormwater facilities if required by the City En�ineer.
E. i�Tamin� 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, mortgaQe holders or others with property interest
indicated therein shall sian the plat and a11 other documents affected by
such interest. y
B.� The applicant must provide certified copies of all recorded easements
cunently affecting the property.
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C. Signed and executed Road, Draina�e and Utility Easement and
Declaration of Private Covenaz7ts, Conditions, Restrictions and Private
Roadway Easement for maintenance of same over the private road Outlot.
D. Signed Developers Agreement and Letter of Credit for construction of
improvements. The City Engineer shall establish the amount to be
provided in the Letter of Credit.
E. Signed Draina�e and Utility Easement over the appropriate portions of the
adj acent Headrick property.
3. Plat approval fees to be paid: Total due: $5�0.00
A. Final plat fee= $280.00
B. Legal review & filing fees for subdivision and associated documents:
$250.00
4. Letter authorizin� conversion of existing Application Escrow to a Development
Escrow.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 23rd day of April, 2007.
ATTEST:
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Lin a S. Vee, City Clerk `� ames M. White; Mayor
Property Ov�mer/Developer
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged beiore me on this �� day of o ��'J�'
2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the Cit�r.
,�
� � � �'� �- `�`� ��0 �(,�'i�
} ,��`'�; RACHEL DODGE
� �� '`���`' Notary Public
?�� � � �� NOTAFY PUBUC-MINNESOTA
��°� ���;,�;;iv'� My Ccmmission Expires Jan.31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
l�1�
The foregoing instrument �vas acknowledged before m�e or�this '=�'�day of =- h r
2007 by Linda S. Vee, City Clerk of the City of Orono, a �1�innesota municipal corporation and
said instrument was eaecuted on behalf of the City.
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�t °p. -",� I�pTp,RY f'�SLIC-N1INNESOTA NOtaT Ijublic �
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STATE OF MINNESOTA )
) ss.
COUIvTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2007, by Bruce_Paddock, husband of
Notary Public
STATE OF MINNESOTA )
) ss. -
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2007, by , wife of Bruce _
Paddock.
Notary Public
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. i CERTIFICATE OF SURVEY AND
� PROPOSED LOT DIVISION FOR
� BRUCE PADDOCK
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IEGAI DESCRIPTION Of PqEAASES:
' Lols 1 onE 3,Block 1,BRACKETTS PObIT
o. denofes Iron morl.r ' � . �
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� Bco�ing�ahawn ore Eo�etl upon an ase�metl tlo�wn. " � �
. Thiz avrvey shows lhe boundories ol!he obo+e tlescr'�bed properly, "`��� �t�, x
tM1e iaca4on ol s wisling buNdings,antl the propo3ed location '��y� Q �
� ol e pr000�etl aviEing�lin�lnercon.Il does not purpurt lo show 1,�� �"� �A
a�y om«�mo�oo�me�ts o�e�,c�vocnments. � �iq 2 3 .�
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-_�— _ - °� �. I / 445 N.WILLOW ORIVE LONG LAKE,MN 55356
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