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HomeMy WebLinkAboutResolution 5099 i � �O� O O ! . �� CITY of OIZONO � � �� . ti ti RESOLUTION OF THE CITY COUNCIL � ��`9�'Esi��g'�G NO. � d � g �. A RESOLUTION GRANTING PRELIMINARY APPROVAI: OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 745 SPRING HILL ROAD � -FILE NO. 2961 WHEREAS,Nina Wildman(hereinafter the"subdivider")on November 12, 2003, completed the filing of a formal subdivision application with the City for approval of a three lot residential plat of property legally described as follows: � Exhibit A, attached (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 a public hearing on November 17, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at its regular meetings held on December 8, 2003 and January 12, 2004 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the RR-1B Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 23.9 acres of land, of which � approximately 0.67 acre consists of delineated wetlands in two wetland basins. The site also contains wetlands adjacent to and within the floodplain of Lydiard Lake. The two wetland basins and all portions of lake perimeter wetlands located above the 970.9' OHWL shall be subject to a Flowage and Conservation Easement. 3. The proposed plat consists of three residential building lots: Lot 1, approximately � 6.3 acres in area containing the existing residence structure and accessory Page 1 of 10 . � O� O O � '� � CITY of OIiONO � .:. ;.. � ti �'�� �G'�' � RESOLUTION OF T��CI�TY�COUNCIL ' `9k'ESYiOg' NO. . structures; Lot 2, a new 11.5 acre �•acant lot (10.8 acres dry buildable); and Lot 3, a new 5.8 acre vacant lot. Each of the three proposed lots meets the minimum lot standard requirements of the RR-1B, Single Family Rural Residential Zoning District, and the Shoreland regulations of the City of Orono, except as follows: A. Lot 3 is a non-lakeshore lot and its ��zdth is approximately 140' as measured at the rear of the defined front �ard, which is 50' from the cul- de-sac loop. Lot 3 fronts on the proposed cul-de-sac loop (Outlot A) and does not meet the defined minimum 200' lot width requirement as � measured at the rear line oi the defined front yard. However, Lot 3 also will ha�-e in excess of 200' of frontage on Outlot B, which is intended to pro�ide for future conforming road access should Lot 2 ever be further subdivided. The grantinQ of a lot v�•idth �-ariance for Lot 3 is justified by the fact that Lot 3 contains a suitable building site meetin� all required lot line setbacks without the need for further variances. • B. Lots 1, 2 and 3 will be sen-ed by a proposed driveway loop �vithin Outlot A. The dri��eway outlot allows each lot to abut a private or public road as required by code, and allows emergency vehicle accessibility, while • avoidin� the creation of aa SO' diameter paved cul-de-sac �vhich would � be out of chazacter for the nei;hborhood. A small portion of that driveway loop «�ill be located within 75' of the OHZti'L of Lydiard Lake where no hardco�-er and no roads or driveways are normally allowed. The hardships supporting this variance include the narroR- configuration of the property at Outlot A; the location of the existing pri�•ate road partially within the 0-75' protected zone; and the intent to preserve a wooded area at the � center of the loop cul-de-sac, forcing one le� of the loop to encroach the protected zone with approsimately 300 s.f. of hardsurface. 4. The proposed subdi�-ision to create residential lots of two acres in area or larger conforms to the provisions of the RR-1B Zoning District and the Rural Residential guidinQ as established in the Orono 2000-2020 Community Management Plan. 5. The proposed subdi�-ision is consistent «-ith surrounding rural-density residential development. The northeast boun�ary of the properry is Lydiard Lal:e, �vhich is � surrounded on the north and east b�- homes on 2-acre lots. Directly south of the Pa�e 2 of 10 � °� � . � o 0 � '� 1 CITY of ORONO . � . � �., ti �',� G'�' � RESOLUTION OF THE CITY COUNCIL ' ��kESI3�4� NO. � � � � . ' property is the Wood Rill SNA, a `big woods' Scientific and Natural Area owned � by the Minnesota Department of Natural Resources. Directly west and northwest of the property is a lar�e estate parcel including open fields, woods and wetlands. 6. The property is primarily open fields, approximately 10% of it being wooded. The only woodland i.mpacts anticipated are related to the loop driveway, where the loop center is inte�ded to remain wooded but the driveway will result in some removals. Only one tree to be removed is within 75' of the lake, and that tree is right at the 7�' mark. 7. The preliminary plat dra�ving accurately depicts the front, side, rear and lakeshore setbacks that would apply to this subdivision. Lot lines have been located so that the existing residence and tennis court on Lot 1 will meet required setbacks. The `gazage' structure in Lot 1 is within the 150' setback for Lydiard Lake. This structure was built prior to adoption of the Shoreland Ordinance which � established Lydiard Lake as a Natural Environment Lake, and will remain as a legal nonconforniin� structure. 8. Placement of a ne�i• residence on Lot 2 would normally be subject to the average lakeshore setback requirements of the Zoning Code. However, the required 150' lake setback, the lack of a any residence structure to the east, and the substantial distance between the existing home on Lot 1 and the proposed building site on Lot 2, are factors that support a waiving of the average lakeshore setback requirement for placement of a principal residence on Lot 2. 9. A portion of the Lydiard Lake shoreline for Lot 1, and most of the shoreline for Lot 2, is a bluff by defin.ition. The existing garage on Lot 1 encroaches to within .� 12-14' of the top of the bluff, making it nonconforming with regards to the � required 30' `top of bluff setback. On Lot 2, the top of bluff is approximately 90' from the shore, but �tizth a required 150' structure setback from the OHWL, a new residence «-ould more than meet the 30' bluff setback. 10. All 3 lots have been found to have adequate and suitable soils for on-site septic treatment facilities pro�-iding both a primary and alternate site for each lot. The 1-bedroom guest house and 4-bedroom main house on Lot 1 currently have separate systems; the guest house system is conforming, the main house system � is non-compliant and must be replaced by the end of 2007. The rivo sites Page 3 of 10 � o� 0 0 • �� � CITY of ORONO � ; ;. � ti � RESOLUTION OF THE CITY COUNCIL ti • ��`9kESII�g'�G NO. ffi � � � . identified for Lot 1 each have a capacity of 5 bedrooms; should the �uest house system require future replacement, it could be connected together with the main house and not exceed system capacities. 11. The property does not abut a public road, but is accessed via a private road/driveway existing within a cartway established in 1882, and within a private easement over the adjoining property. The carfway is not maintained by the City. � The private driveway/road serves 4 existing homes, and will potentially serve 6 : homes as a result of the subdivision. The private driveway/road does not end � in a cul-de-sac, but rather branches off to individual driveways which each have a driveway loop near the respective residences. The portions of private driveway/road serving multiple homes is generally only.l2-14' in paved width, and at the point it enters the applicant's property is approximately 1000' from Sprin; Hill Road. The private driveway proposed to serve a new residence on Lot 2 will extend an additional 1600' into the property; that house will be 2600' � or about %z mile from Spring Hill Road. 12. The paved width of the one-way road loop within Outlot A must be adequate to allow access for emergency and service vehicles. The final design of this loop should be subject to approval of the City Engineer and City Fire Marshal. 13. The City Engineer, the City Fire Marshal, and City staff have commented on the existing access situation and have recommended that the City Council consider � requiring upgrade of the existing private driveway/road in conjunction with this subdivision. The Plannin� Commission has recommended that upgrade of the access road other than the proposed cul-de-sac loop should not be required if applicant a�ees to establish covenants that prohibit further development of Lots � 1, 2 and 3 for 30 years. The applicant and the other users/owners of the private driveway/road have indicated strong opposition to upgrade or widening of the road, due to a number of factors, including: 1) the potential negative impact on wetlands closely abutting the existing roadway; 2) the potential negative impacts on the character of this rural neighborhood; 3) the potential increased speeds and traffic volume in the neighborhood if the road is upgraded to a condition where it is highly visible and acquires the character of an urban road�vay as opposed to that of a rural neighborhood lane. � . Page 4 of 10 � o,�,. 0 0 r '� � CITY of ORONO �1 " r-� 'ti" . , ti RESOLUTION OF THE CITY COUNCIL ti � ��`�kESIIOg'�G NO. � � � � . 14. The City Council finds that the existing driveway/road width is adequate to safely serve the existinJ neighborhood and the minimal number of additional homes proposed, subject to confirmation that the drive�vay/road is legally located withi.n valid private easements. The City Council finds that it would not be appropriate to establish conditions limiting further development of the property; such future proposals should be reviewed on their own merits when they are proposed. 15. The proposed plan includes only minimal improvements/expansions of the private road system, and has minimal impacts in terms of stormwater mana�ement due to the small number of lazge lots being created. Therefore, the use of�'e�etative buffer easements should be allowed rather than the creation of pondin� areas, since the runoff created by one or two new widely-spaced homes cannot be easily captured for treatment. • � 16. The subdivision is subject to the Storm Water and Drainage Trunk Fee • established by City Ordinance: The subdivision is subject to dedication of standard Drainaje & Utility Easements along lot lines. 17. The property does not abut any of the existing or proposed public trails show-n � on the City's Comprehensive Trail Plan. The City plan shows a trail along East Long Lake Road and Spring Hill Road to connect Wood Rill to �Volsfeld Woods SNA further west. Since that trail would not involve this property, there is no apparent need for dedication of land, so the subdivision should be subject to the standard Park Dedication Fee established by City Ordinance in lieu of land dedication. 1 g, While there are no historically significant features on this property known to . � the City, the location of the property with bluffs abutting a water body suggest . the potential for archaeological significance. The subdivider must contact the State Historical Preservation Office (SHPO) and inquire as to the need for an archaeological review. 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 appro��es the preliminary plat application of Nina Wildman at 745 Spring Hill Road per preliminary plat • drawings by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, Inc. dated December 5, 2003, subject to the following conditions: � Page 5 of.10 �o� 0 0 • . -� i CITY of ORONO � : � ti �,�� �G'�' . RESOLUTION OF T�H�CI�TY COUNCIL • ``q�ESII�4 NO. � 1. A variance will be granted for lot width fox Lot 3 based on the findings noted within this Resolution. , , f 2. A variance will be granted to allow encroachment of a portion of driveway � hardsurface within 75' of the OHWL of Lydiard Lake based on the findings noted within this resolution. � 3. Lot 2 shall be exempt from meeting the 'average lakeshore setback' standards of the Orono Zoning Code based on the findings noted within this resolution. 4. Lots 1 and 2 are subject to City Shoreland regulations regarding protection _ of the bluff located on said Lots. 5. Setbacks for all principal residence construction shall be as depicted on the preliminary plat drawing. ., 6. The private road loop in Outlot A is intended as a one-way counterclockwise circular access and shall be constructed to City private road standards, with the . exception that the minimum paved width and clear area of such loop shall be subject to approval by the City Engineer and City Fire Marshal to ensure adequate but not excessive emergency vehicle access. Construction of said road loop shall be subject to a Developers Agreement to be executed between the City and the subdivider. Subdivider shall grant to the City an underlying Road, Drainage and Utility Easement for Outlot A. 7. The private loop road in outlot A shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the subdivider. The subdivider shall create a homeowners association for such ownership and maintenance. 8. Outlot B is intended as a private driveway outlot to serve Lots 2 and 3. Outlot B is established at a width of 50' to provide future accommodation for a conforming private road within Outlot B should Lots 2 or 3 be fizrther subdivided in the future. An easement providing access for Lots 2 and 3 over Outlot B shall be established by the subdivider. • Page 6 of 10 � �� O � � • �- � C ITY of ORONO � ;� � ,, � , �.�� �G'�' � RESOLUTION OF T��CI�TY�COUNCIL ' `9k'ES'F1�4 NO. -. 9. Subdivider shall develop and submit a stormwater management buffer plan including defined buffer areas to be maintained in permanent groundcover. Approval of such plan by the City Engineer shall be obtained prior to the granting of final plat approval. Subdivider shall grant drainage easements over all drainageways and established buffers within the plat. 10. Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved a stormwater management plan for the property. 11. The Storm Water and Drainage Trunk Fee is established by City Ordinance at $2,700 per acre, with a cap of 4.0 acres to be charged per Lot. For this property, • three 4-plus acre lots are being created; each of the three lots is subject to�a fee of (4.0 x $2,700 = S10,800) or a total fee of $32,400 to be paid prior to final plat approval. • 12. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced off by the subdivider prior to any land alterations, and such fencing shall remain in place until such time that each Lot is developed. 13. Subdivider shall develop covenants for each Lot for protection of drainfield sites within each Lot. Covenants shall include protective language for alternate septic sites along with site plans locating both primary and alternative sites. Subdivider shall include langua�e alerting future property owners of need to protect sites on adjacent properties. 14. Subdivider shall grant Flowage and Conservation Easements over the wetlands in Lots 1 and 2 and over those portions of Lydiard Lake perimeter wetland � located above the OHWL of Lydiard Lake. � 15. Payment of standard 8% Park Dedication Fee per City ordinance (fee capped at $5,550 per lot for Lots 2 and 3 based on value of each lot in excess of $69,375) Total due = $11,100; Lot 1 as an existing residence is not subject to the Park Fee. 16. Subdivider shall submit evidence that the property contains no known si�ificant archaeolo�ical features that would require preservation. • Page 7 of 10 �o� 0 0 r '= g . CITY of ORONO ,� --- ,. - � � ti RESOLUTION OF THE CITY COUNCIL ti � ���kE Sp4�G NO. e� � e� � S 17. Subdivider is hereby adv-ised 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 prelimiriary subdivision application �-ith the City. Final Plat Submittals: The following list of final submitta.ls must be submitted to the Planning Director 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 Mark S. Gronberg of Gronberg & Associates, Inc. dated December 5, 2003. b. Dedication of draina�e 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 drainageways and buffer azeas to be established as noted in this Resolution. � d. Designation of Outlot A to serve as a private roadway and Outlot B to . serve as a private driveway. e. 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. • � Page8of10 ��.�: , � O� - O O • . �� � C ITY of ORONO � -- ; � ti ti RESOLUTION OF THE CITY COUNCIL �i� pg'�G NO. � � � � - kESYi b. The applicant must provide certified copies of all recorded easements ' ' • � currently affecting the property. � � c. Signed and executed Developer's Agreement and letter of credit for � approved site improvements and construction of private loop road (Outlot A), stormwater and drainage facilities, etc. as necessary. d. Signed and executed Flowage and Conservation Easement over the wetlands in Lots 1 and 2 and over those portions of Lydiard Lake perimeter wetland located above the OHWL of Lydiard Lake. e. Signed and executed Road, Drainage and Utilities Easement over Outlot A. • f. Signed and executed "Declaration of Private Road Eas�ment and Declaration of Maintenance for Same" for Outlot A. g. Documentation sufficient to satisfy the City Attorney that the property has legal roadway and utility easement access to Spring Hill Road and that the private road system serving the property is within its dedicated easement corridors. i. Completed private covenant for all Lots regarding protection of drainfield sites. Covenants to include protective language for primary and alternate drainfield sites and to include the site plans locating both the primary and alternate sites. Subdivider to develop language alerting future owners of need to protect sites on adjacent properties. Covenants must be in a form suitable for filing. The City has samples of pzotective covenants used by former developers available for review. 3. Fees to be paid: Total due: $44,030.00 a. Final plat review fee = $250.00 „ b. Legal review/filing fee for plat & associated documents = $280.00 • - c. Park Dedication Fee: $11,100.00 d. Storm Water and Drainage Trunk Fee: $32,400.00 Page9of10 s � O� O O • �� S CITY of URONO � � �-, �� ti . ti RESOLUTION OF �HE�C�IT�Y COUNCIL " ���kEsI��4�G NO. . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of January, 2004. ATTEST: ,� � v r . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) The foregoing' instrument was acknowledged before me on this 12th day of . January, 2004, by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �,Q���. • u A � ,� el � , Notary Public STATE OF MINNESOTA ) ALISSAA.WINTERNHEIMER � SS. NOl'ARY PllBLlC-MINNESOTA � COUNTY OF HENNEPIN � MY���pires Jan.31,2046 . . , Z3'�°� The foregoing instrument was acknowledged before me on this ],2�h day of January, 2004, by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � . � ��� �v �' :` � RACHEL DODGE Notary Public � N�TARY PUBLlC-MINNE:,OTA � �� (Uy Commission Expires Jai.3T,2005 °� �s .....�L__�_ ,,�,�.-+�,,,_�c) Page l0 of 10 EXHIBIT A • . RESOLUTION NO. 5099 LEGAL DESCRIPTION OF PREMISES: That part of Govermient Lot 1 , Section 36, Township 118, Range 23, Hennepin County, Minnesota, described as follows ; Cam�encing at the northwest corner of said Govermient Lot 1 ; thence South 0 degrees 18 minutes 21 seconds West, along the west line of said Govermient Lot 1 , a distance of 582.74 feet to the point of beginning of the tract of 'land being described; thence North 37� degrees 03 minutes 07 seconds East , a distance of 45.63 feet ; thence North 15 degrees 12 minutes 57 seconds East , a distance of 158.42 feet ; thence North 51 degrees 48 minutes 47 seconds East a distance of 139.55 feet ; thence North 71 degrees 15 minutes 30 seconds East to the shore of Lake Lydiard; thence southeasterly, along the shore of Lake Lydiard, to the east line of said Govermient Lot 1 ; thence South 0 degrees 36 minutes 41 seconds West , along last said east line, a distance of 480 feet, more or less, to the southeast corner of said Goverm�ent Lot 1 ; thence North 89 degrees 34 minutes 51 seconds West , along the south line of said Goverm�ent Lot 1 , a distance of 1335. 14 feet to the southwest corner of said Goverm�ent Lot 1 ; � thence North 0 degrees 18 minutes 21 seconds East , along the west line of said Goverm�ent Lot '1 , a distance of 741 .40 feet to the point of beginning. � For purposes of this desci-iption the south line of said Govermient Lot 1 , is ass�rr�ed to bear North 89 degrees 34 mi�nutes 51 seconds West'. � � � . � -- �- . . . � .