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HomeMy WebLinkAbout#1967 Resolution 3483 - Preliminary approvalCITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 B 8 A RESOLUTION GRANTING PRELil\UNARY APPROVAL F'OR A PLAT AT 4645/4665 BAYSIDE ROAD -FILE NO. 1967 WHEREAS, Robert S. Olson of 4645 Bayside Road, Irvin Geffre nf 4-665 Rtysidc Road and K-P Properties Inc. represented by Donald R. Peterson on August 26, 1994, filed a formal subdivision application with the City for approval of a residential plat of property kgaily described as: Lots l and 2, Block 1, Bayvie\v Farms, Hennepin County, rvlinnesota (hereinafter 11 the property''); and '\VHEREAS~ after due publish:..::d and mailed notice in ,lccordance with Minnesota Stntules 1~62. 358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the 01·ono Plannir.g Conunission held a public hearing on September 19, 1994, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant8 subsequently revised their propos,ll which was reviewed by the Pfanniag Commission at their regular meeting of October 17, 1994, at which time Planning Commission on a vote of 7 to 0 recommended approval of the revised proposal; and V/HEREAS, at their regular meeting held on October 24, 1994, the Orono City (\mnci1 considered the subdivision apr,lication of Robert S. Olson, Irvin Geffre and K-P Properties lnc., noting the following findings of fact: 1. The property is located within the RR-1.B, Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable iand within each newly created lot. 2. The property c.:ontain!1 a total of approximately 19.5 acres, or \Vhich approximately 1 .1 acres has been delineated as wetland. Pngc 1 of 6 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL & 0 c:) NO. "' Cl ~ 3. The proposed plat contains two lots ( designated as proposed Lot 1, Block 1 and proposed Lot 1, Block 2), each containing an existing residence structure, proposed Lot 1, Block 1 being 2. 75 acres in area, and proposed Lot 1, Block 2 heing 1. 94 acres in area. Proposed Lot 1, Block 2 technically requires a lot area variance, but will retain ownership of an additional 0.07 acre outlot and may gain up to an additional 0.28 acres as noted below, in order to meet the 2.0 acre minimum lot area requirement. 4. The septic system serving the residence on proposed Lot 1, Block 1 is failing and is intended to be replaced. 011-site sewage treatment system site evaluation data indicates that primary and alternate drainficld sites for current and future use are available within proposed Lot 1, Block l. No septic testing is required for the existing residence on proposed Lot 1, Block 2 since it is a pre-existing lot. 5. In addition to proposed Lot 1, Block 1 and proposed Lot 1, Block 2, four outlots are proposed to be created with the following intent for each: (a) Outlot A: 0.28 acre remainder parcel to be combined with proposed Lot 1, Block 2, at such time that Outlots B and D are used for private driveway or road access to Outlot C. (b) Outlot B: 0.32 acre 50' future road corridor providing access for future development of Outlot C. In the event that Outlot C is further developed using road access from adjacent properties not requiring the use of Outlots B and D, Outlots A and B will be legally combined with proposed Lot 1, Block 1. (c) Outlot C: 14.13 acre parcel intended for future development into single family residential lots. Outlot C is intended to not be buildable for even a single residence unless or until it is further subdivided and/or replatted into one or more building sites. (d) Outlot D: 0.07 acre future road corridor segment to complete continuous access in conjunction with Outlot B for future development of Outlot C. In the event that Outlot C is further developed using road accesses from adjacent properties not requiring the use of Outlots Band D, Outlot D will be legally combined with the proposed Lot 1, Block 2. Page 2 of 6 Form 5005 Disk Orooo CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 4 8 il,) NO. ~ ·., -iJJ 6. Outlots Band D provide continuous access to Outlot C from Bayside Road. The platting of Outlot D coincides with an existing access easement over Lot 1, Block 1, Bayview Farms in favor of Lot 2, Block 1, Bayview Farms. The inclusion of Lot l, Block 1, Bayview Farms in this proposed plat is the subject of an agreement attached to this resolution as Exhibit A, which details the applicants' intent regarding the future use and disposition of Outlots A, B and D. 7. It is the City's intent that if Outlots B and D are developed for future road to serve Outlot C, then the existing residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall construct driveway accesses onto said new road and eliminate the existing direct driveway accesses to Bayside Road. 8. It is the City's intent that in the event Outlots B and D are used in lhe future for road purposes that such road shall be constructed to City standards. Further, it is the City's intent that in order to guarantee the future access to Outlot C, applicants shall provide to the City standard road and utility easements over Outlots B and D. It is the City's further intent that if Outlot C is developed without the need for access via Outlots B and D, that such road and utility easements will be vacated upon formal request of the property owners. 9. It is the City's intent that Out.lots A, Band C shall remain in common ownership until Outlot C is further developed, and that Outlot D shall remain in common ownership with proposed Lot 1, Block 2 until Outlot C is further developed. 10. It is the City's intent that at the time Outlot C is further developed, the City will at that time require the payment of p;:irk tledication fees and the dedicittion of all necessary and appropriate public easements within Outlots A, B, C and D. 11. It is the City's intent that proposed Lot 1, Block 1 and proposed Lot 1, Block 2 grant the standard perimeter utility and drainage easements based on the assumption that Outlots B and D will in the future become a roadway. 12. Although Hennepin County Department of Public Works has requested additional right-of-way for County Road 84, no additional County road right-of-way will be required of the developer consistent with the standards for a collector road in the Orono Comprehensive Plan. Page 3 of 6 Form SOOS Oisk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL 348 (;1, NO. , l ifo 13. A driveway easement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for the existing driveway in Outlot B. 14. The single family residences existing on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 require no forther variances. NOVV, THEiliDFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Robert S. Olson, Irvin Geffre and K-P Properties Inc. at 4645/4665 Bayside Road per the survey dated August 24, 1994, revised October 13, 1994, by Raymond A. Prasch of Lot Surveys Company Inc., subject to the following conditions: l. Outlots A, B and C shall remain in common ownership until Outlot C is further developed. Outlot D shall remain in ownership with proposed Lot 1, Block 2 until Ou llot C is further developed. 2. Outlot A is considered an unbuildable remainder parcel and upon development of Outlot C, Outlot A shall be either combined with Outlot B and proposed Lot 1, Block 1 if Outlots B and D are pot used for road purposes, or Outlot A shall be legally combined with proposed Lot 1, Block 2, in the event that Outlots B and D are used for roadway purposes. 3. Outlots B and D are platted for future roadway purposes and shall remain as separate unbuildable tax parcels until such time that Outlot C is further developed. In the event that Outlot C is further developed without a need for use of Outlots B and D as romhvay ::iccess, then Ontlots B and D m.11§.t be iegally combined with adjacent properties. 4. . Outlot C is created for future development only, and no building permits shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. 5. In the event that Outlots B and D are used as an access road serving a future development in Outlot C, the residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall revise their driveway locations onto said Outlot roadway and eliminate direct access to Bayside Road. Page 4 of 6 form SOOS OiskOrono CITY of ORONO RESOLUTION OF:f~~l:ly COUNCIL NO. ""C •dl 6. A driveway casement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for continued use of the existing driveway in Outlot B. 7. Proposed Lot 1, Block 1 ancl proposed Lot 1, Block 2 are subject to the standard perimeter drainage and utility easements. 8. No additional right-of-way for Counly Read 84 will be granted although Hennepin County has requested it. 9. Standard drainage and utility easements shall be granted over Outlots B and D at this time. However, the City will not require payment of park dedication fees or the dedication of additional public easements within Outlots A, B, C and D until Outlot C is further developed. 10. The residence on proposed Lot 1, Block 1 shall be provided with a new septic system within the time frame and requirements of the City code. 11. The metal shed located at the northwest corner of Outlot C shall be removed within one year of final plat approval unless a complete formal application for subdivision of Outlot C has been submitted by that date. The following list of finnl submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary survey by Raymond A. Frasch of Lot Surveys Company Inc. dated August 25, revised October 13, 1994. B. Dedication of "drainage and utility easements" within proposed Lot 1, Block 1, such easements being 10' in width along all east and north lot lines, 10' in width along the westerly boundary adjacent to Outlot n, and 5' in width along the southwesterly and southerly lot lines; and within proposed Lot 1, Block 2, such easements being 10' in width along the west and north lot lines, 5' in width along the easterly boundary, 10' in width along the boundary with Outlot D, and 5' in width along the southerly lot lines. Page 5 of 6 Fonn 5005 Disk Orono • ) t t 3. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 19 4 8 ~J Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated th r:;rein 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 tbc property. C. Signed and executed driveway er1sement over Outlot B in favor of proposed Lot 1, Block 1. ~~~~ 4-r D. Signed and executed road and utility ,&gi.'OOIDoot-s over Outlots B and D. Fees to be paid: A. Legal review and filing fees = $200.00 f A~ -s~ ~~"fl-lt-1 ~~ V Total due: $200.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 24, 1994. STATE OF MlNNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of October, 1994, by Edward J. Caliahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City. k I t1JU-- Notiry Public Page 6 of 6 F«m 500 5 Disk, Or~no ... '1 . . ,,. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 4 8 3 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on October 2 4 , 19 .2A.._, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 26th ------- day of October 1994 (SEAL) •' AGREEMENT €.XH/B(T A ~L, No, ~L{B3 Robert S. Olson and Margaret W. Olson, fee owners of Lot 2, Block 1, Bayview Farms, and K-P Properties, Inc., contract purchaser of said lot, hereby agree that in the event that portion of Lot 2, Block 1, Bayview Fanns shown as Outlot C on the attached Exhibit A is replatted into buildable parcels and a roadway 1s dedicated or reserved within that portion of Lot 2, Block 1, Bayview Farms which is shown as Outlot B on attached Exhibit A, then the above named parties hereby agree to deed to Irvin T. Geffre and Marjorie L. Geffre that portion of Lot 2, Block 1, Bayview Farms shown as Outlot A on attached Exhibit A and a portion of Outlot C as shown on Exhibit A bounded by a line described as follows: Beginning al the Northwesterly corner of Lot 2, Block 1, Bayview farms which is also the Southwesterly corner of Lot 1, Block 1, Bayview Farms; thence North 89 45' 00" E distance 148.50 feet, thence S 00 45" 00" E distance 103.00 feet, thence S 89 45' 00" \V distance 148.50 feet, thence Northerly along the west line of Lot 2, Block 1, Bayview Farms to the point of beginning and there terminating. Irvin T. Geffre and .!vfarjorie L. Geffre, fee owners of Lot 1, Block 1, Bayview Farms, as a consideration for such commitment to deed future Outlot A and part of future Outlot C, hereby agree to join in the application for platting and any future plat of buildable parcels which proposes such dedication or reservation of Outlot B as access to Outlot C as shown on attached Exhibit A. Robert S. Olson K-P Properties, Inc. ,;;-ij- By: ~~✓ /fLa~_""";'--,,f.-J_'_/-,.president Donald R. Peterson \ ' 1 ~~----'-- Irvin T. Geffre Fee owners of Lot 2, Block 1 Bayview Farms Contract purchaser of Lot 2, Block 1, Bayview Farms and z 0 1--i E-~ ~ ~ ~ <: ~ LL z 0 I I-(\]_ <( _J \ 0. en >-•.-,--! [.t~ ~ <{ ~ ;~ 2 <: _I . LL! 1-=L; n:: Q_ 1--.>-;->- µ:::J ~ > >-i <C l r-q _, C) uv, ~ (1)0 >-·>-1.ulu ~~ !s~j (/) (/) I-~ 0-,: -'·-' z o___ w z z LtJ I IJ_ 0 >- I- 2_: =--"") 0 u 0 z 0 Cr:'. 0 IJ_ 0 >-I-u .. ·----------·------ . I I" !