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Home My WebLink About#13-3591 Prelim Plat Resolution_ SignedPAPNOM • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 9 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PROPERTY LOCATED AT OUTLOT C, BAYVIEW FARMS 2ND ADDITION FILE NO. 13-3591 WHEREAS, Ervin Anthony Wachman Jr. and Michelle Marie Wachman, a married couple (hereinafter the "Developers") are the owners of the property within the City of Orono (hereinafter the "City") identified as property identification number 06-117-23-22-0018 and legally described as Outlot C, Bayview Farms 2"d Addition, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on January 23, 2013, the Developers filed a complete application with the City for preliminary approval of a five (5) 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 February 19, 2013 the Orono Planning Commission held a public hearing regarding the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on February 19, 2013 the Planning Commission reviewed the application and recommended on a vote of 5 to 0 that the City Council grant preliminary plat approval; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on March 11, 2013, and hereby made the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File #13-3591. 2. The Property is zoned RR-113 Single Family Rural Residential District, which requires a minimum lot area of 2.0 acres and minimum lot width of 200'. The Property totals 13.72 acres in area of which 13.01 acres is considered as dry, buildable land and 0.71 acres is wetland. 3. 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 2 acres. The proposed layout Page 1 of 8 040 *0\ CITY of ORONO z F RESOLUTION OF THE CITY COUNCIL contains 5 residential lots on 13.01 non -wetland acres, for an overall density of 1 unit per 2.6 dry acres (0.38 units per acre). 4. The proposed plat includes 5 residential building lots, each of which will be accessed via a proposed private road to be constructed by the Developers, extending southerly from Bayside Road (a,k.a. CSAH 84). 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 the City, as well as a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" either as a separate document or incorporated into the development covenants. 5. The Developers have submitted a Conservation Design Master Plan (CDMP) consisting of a Site Ecological Summary and Project Recommendations regarding Conservation Design requirements by Kjolhaug Environmental Services (KES) dated February 6, 2013 which includes the invasive species removal and maintenance provisions of the Bayside Meadows Invasive Species Management Plan dated 02/26/2013 prepared by KES. The KES report addresses specific actions that have been taken or will be implemented to protect identified resources, including maintenance of existing drainage patterns; tree preservation; wetland protection; and view protection. Information about these protective measures will be provided to lot buyers about the protective measures required for the property. 6. The CDMP identified existing tree stands along the southeast portion of the property and along the western property line. These existing tree stands are proposed to be preserved via tree protection easements. With the exception of the area connecting the private road to the north, the entire perimeter of the Property is proposed to be in either a conservation easement, a tree protection easement, or a wetland conservation easement. 7. Additionally the Planning Commission recommended additional trees be planted along the southwestern lot line within the proposed tree preservation easement. 8. Proposed Lot 1 contains 3.05 dry buildable acres; proposed Lot 2 contains 2.25 dry buildable acres; proposed Lot 3 contains 2.32 dry buildable acres; proposed Lot 4 contains 2.02 dry buildable acres; and proposed lot 5 has 2.01 dry, buildable acres. 9. Lot 1 is proposed to have 698.8 feet of frontage along the new private road; Lot 2 will have 92.3 feet on the cul-de-sac; Lot 3 is also on the cul-de-sac and will have 106.8 feet of frontage; Lot 4 is proposed to have 264.3 feet of frontage, partially on the cul-de-sac; and proposed Lot 5 will have 421.6 feet in width. Each proposed lot contains a building site which meets the RR-1 B setback requirements of 50' front and rear and 30' sides. 10. The proposed lots will be served by individual on -site sewage treatment systems and private wells. Each lot has been tested and shown to have primary and alternate conforming septic system drainfield sites. Page 2 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 11P09 11. A delineated wetland exists in the eastern portion of the property and will be subject to the standard wetland preservation requirements including establishment of buffers and granting of Wetland Flowage and Conservation Easements and Buffer Covenants. 12. The Property is identified in Orono's Surface Water Management Plan (January 2011) as being partially located within the NA-1 drainage area which drains southeasterly toward a larger wetland body (pond NA-P2) and the FL-2 drainage area which drains southwesterly to another wetland area (pond FL-P2). Stormwater runoff from the proposed road will be directed toward a stormwater basin to be constructed west of the proposed road between Lots 4 and 5 and will discharge eastward to the wetland on Lots 1 and 2. 13. The Planning Commission recommended the Developer grant a 10-foot easement along Bayside Road for future trail purposes. A trail easement will be granted as part of the subdivision along the northerly 10 feet of the road outlot for potential future City trail construction. 14. The proposed private road is shown as 1053 feet, which exceeds the maximum length of 1000 feet for a cul-de-sac. The variance requested is reasonable and the Developer will be required to comply with the Fire Marshal's recommendations and requirements regarding the road width and length. 15. The Developer proposes to conduct grading activities on the properties at 4645 Bayside Road and 4665 Bayside Road to accommodate construction of the new private road. A retaining wall and a development monument sign are also proposed to be constructed on the 4645 Bayside Road property. 16. The Developer has proposed suggested building pad elevations for each of the lots in the development. 17. All proposed lots will contain suitable area meeting all established setback requirements to allow the construction of single family residences. 18. The Bayview Farms 2nd Addition plat approval included a stipulation that future development of Outlot C, Bayview Farms 2nd Addition would require the relocation of the driveways serving the two existing, adjacent homes onto the new private road. The future driveway re -location was a condition of the plat approval outlined in Resolution Nos. 3483 and 3492. 19. Hennepin County has been requested to review the current proposal and advise the City whether the County will accept the Geffre request to not relocate the driveway at 4665 Bayside Road as per Resolution Nos. 3483 and 3492. 20. City Council will accept Hennepin County's conclusion on the relocation of the Geffre's access. Page 3 of 8 0 ®� �O CITY of ORONO AV RESOLUTION OF THE CITY COUNCIL NO. ESKOQ"� 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 5-lot plat per the Preliminary Plat survey/drawing by Sathre-Bergquist, Inc. dated 02/15/2013 and attached hereto as Exhibit A, subject to the following conditions: 1) The Preliminary Plat approval granted by this Resolution shall expire one year from the approval date (March 11, 2014). 2) 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. 3) Approval is subject to Hennepin County approval of the proposed private road location and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required Hennepin County permits have been obtained. 4) The Developer shall construct the required private road and stormwater management facilities on the Property. 5) The Developers shall adhere to their CDMP consisting of the Site Ecological Summary and Project Recommendations regarding Conservation Design requirements by Kjolhaug Environmental Services (KES) dated February 6, 2013 including implementation of the invasive species removal and maintenance provisions of the Bayside Meadows Invasive Species Management Plan dated 02/26/2013 prepared by KES. 6) Development Fees. a) Park Dedication Fee, The development is subject to the standard Park Dedication Fee for 5 new lots x $5,550,00 per lot = $27,750. b) Storm Water and Drainage Trunk Fee. The development is subject to the standard Storm Water and Drainage Trunk Fee of $3,840 per acre x 13.72 total acres = $52,684.80*. (*Fee will be determined based on the current Fee Schedule at the time when the final plat application is made.) 7) Approval of the Final Plat is subject to compliance with the existing and ongoing recommendations of the City Engineer. 8) In order to facilitate preparation of the final documents, as soon as feasible, the Applicant shall submit to the City written legal descriptions for all required easements as noted herein. Page 4 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6; o9 9) 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 Minnehaha Creek Watershed District has approved the stormwater management plans. b) Final planting plan which shall include final cul-de-sac and entry planting plans with tree calculations. c) Final plans for installation of the development identification monument sign. A separate Sign Permit is required prior to installation. d) Final road construction plans. e) Final stormwater management plan. f) Final stormwater pollution prevention plan (SWPPP). g) Sufficient detail to meet the recommendations of the City Engineer. 10) Easements Required. a) 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. b) A Drainage and Utility easement shall be dedicated to the public on the plat over the storm water pond area and storm water facilities. c) A Road, Drainage and Utility Easement shall be granted to the City over the private road outlot, as well as a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" either as a separate document or incorporated into the development covenants. d) A Wetland Flowage and Conservation Easement and Buffer Covenant shall be granted over wetlands and wetland buffers on the Property. Page 5 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 ? o 9 e) A Public Trail Easement shall be dedicated over the northerly 10 feet of the road outlot (Outlot B, Bayview Farms 2nd Addition). f) A Tree Preservation Easement within the areas of each of the lots as identified in the KES report and Site Conservation Plan dated 02/15/2013 (Plan Sheet CP). g) A Conservation Easement over the portions of Lot 1 as identified in the KES report and Site Conservation Plan dated 02/15/2013 (Plan Sheet CP). h) Temporary Construction Easements over the portions of the properties at 4645 Bayside Road and 4665 Bayside Road to accommodate the proposed grading and construction improvements. 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 David B. Pemberton, of Sathre-Bergquist, Inc. dated 02/15/2013 attached hereto as Exhibit A, except as modified herein. B. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines and over the storm water pond, ditches and facilities. C. Dedication of "Drainage Easements" over all drainageways. D. Dedication of "Drainage Easements" over the wetland and wetland buffer. E. Naming of plat. F. Naming of the private road. Page 6 of 8 M 2. Legal documents required: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6?j'i9 A. Title opinion addressed to the City or a title insurance policy in favor of the City covering the Property as well as Outlots B and D, Bayview Farms 2nd Addition. 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 as well as Outlots B and D Bayview Farms 2nd Addition. C. Signed Developer's Agreement including the appropriate Letter of Credit in an amount to be determined by the City Engineer, and a cash escrow which covers engineering inspections and other city costs. D. Signed Stormwater Pond Easement. E. Signed Wetland Flowage and Conservation Easement and Buffer Covenant. F. Signed Road, Drainage and Utility Easement over the private road outlot, and Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement to include the private road as well as Outlots B and D Bayview Farms 2nd Addition. G. Trail Easement. H. Signed Tree Preservation Easement. I. Signed Conservation Easement. J. Signed Covenant to Protect Drainfield Sites. 3. Plat approval fees to be paid: Total due: $81,134.80 A. Final plat fee: $700,00 B. Park Dedication Fee: $27,750. C. Stormwater and Drainage Trunk Fee: $52,684.80. Page 7 of 8 O�0 �O CITY of ORONO RESOLUTION OF TFj� Cli COUNCIL Adopted by the City Council of the City of Orono on the 11t" day of March, 2013. ATTEST: VA k(cY 4, Lili Tod McMillan, Mayor WL Propert wne STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Va day of /ti �, 2013 by Ervin Anthony Wachman Jr. husband of Michelle Marie Wachman. BARBARA G. SILUS NC'ARV PUBLIC - MINNESOTA .,a ,,;��uE,pnesJar.3t2018 STATE OF MINNESOTA COUNTY OF HENNEPIN &a a�t4 Notary Public This instrument was acknowledged before me this � day of 2013 by Michelle Marie Wachman.wife of Ervin Anthony Wachman Jr. Notary Public BARBARA G. 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