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Home My WebLink About#1967 Resolution 3492 - Final Plat( CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 t1, 9 A RESOLUTION APPROVING THE PLAT OF BAYVIEW FARMS SECOND ADDITION -FILE NO. 1967 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and \VHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by Robert S. Olson of 4645 Bayside Road, Irvin T. Geffre of 4665 Bayside Road, and K-P Properties, Inc. represented by Donald R. Peterson (hereinafter "the subdividers"); and vVHEREAS 1 on October 24, 1994, the City Council approved Resolution No. 3483 granting preliminary approval for a plat at 4645/4665 Bayside Road; and WHEREAS, the property is located within the RR-lB, Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot; and WHEREAS, the property contains a total of approximately 19.5 acres, of which approximately 1.1 acres has been delineated as wetland; and WHEREAS, 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 being 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; and v\7HEREAS, the septic system serving the residence on proposed Lot 1, Block 1 is failing and is intended to be replaced. On-site sewage treatment system site evaluation data indicates that primary and alternate drainfield sites for current and future use are available within proposed Lot 1, Block 1. No septic testing is required for the existing residence on proposed Lot 1, Block 2 since it is a pre-existing lot; and Page 1 of 6 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 9 WHEREAS, 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 fm1her 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 singie 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 B and D, Outlot D will be legally combined with the proposed Lot 1, Block 2. WHEREAS, 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 1, 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; and WHEREAS, 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; and Page 2 of 6 Form SOOS Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -"---.:;;,\~'-='---- WHEREAS, it is the City's intent that in the event Outlots B and D are used in the future for road purposes that such road shall be constructed to City standards. Fmther, 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; and WHEREAS, it is the City's intent that Outlots A, B and C shall remain in private common ownership until Outlot C is further developed, and that Outlot D shall remain in privaw c01mnon v'wnership with proposed Lot 1, Block 2 until Outlot C is further deveioped; and ·wHEREAS, 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 park dedication fees and the dedication of any additional necessary and appropriate public easements within Outlots A, B, C and D; and 'WHEREAS, 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; and WHEREAS, 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 as defined in the Orono Comprehensive Plan; and '\VHEREAS, a driveway easement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for the existing driveway in Outlot B; and vVHEREAS, the existing accessory metal shed located at the northwest corner of Outlot C will become non-conforming upon final plat approval due to lack of a principal residence structure and must be removed within one year of final plat approval unless it is incorporated into a subdivision of Outlot C into buildable lots and made conforming at that time; and '\iVHEREAS, the single family residences existing on proposed Lot 1, Block l and proposed Lot 1, Block 2 require no further variances; and Page 3 of 6 form SOOS Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL No 3 4 q 9 • l'.> t~""1 VVHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of the requirements of Resolution No. 3483. 2. Dedication on the plat of drainage and utility easements. 3. Granting of road and utility easements over Outlots B and D. 4. Granting of a driveway easement over Outlot Bin favor of proposed I. ... ot 1, Block 1. 5. Payment to the City of legal review and filing fees of $200. 00. NOvV, 'I'HERE.FORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Bayview Farms Second Addition, Hennepin County, Minnesota, subject to the following conditions: 1. Outlots A, B and C shall remain in common ownership until Outlot C is fmther developed. Outlot D shall remain in ownership with proposed Lot 1, Block 2 until Outlot 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 not 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 in private ownership 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 Das roadway access, then Outlots B and D must be legally 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. Page 4 of 6 form5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 9 2 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. 6. No additional right-of-way for County Road 84 will be granted although Hennepii1 County has requested it. 7. Payment of park dedication fees and the dedication of additional public easements vvithin Outlots A, B, C and D will not be required until Outlot C is further developed. 8. 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. 9. 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 Outiot C has been submitted by that date. 10. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before May 14, 1995 together with a certified original copy of this resolution and executed copies of the easement documents noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 5 of 6 form 5005 Disk Orono J ' ( ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 9 2 Dated this 14th day of November, 1994. STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of November , 1994, by Edward J . Callahan , Jr. & Dorothy M . Hallin , Mayor & City Clerk of the City of Orono , a Miru1esota municipal corporation and said instrument was executed on behal f of the City. 1 lNDA S. VEE , NOTI\RY PUBLIC • M INNES OTA H[M NC:.P IN COUNTY on M y cc,rnP ,i~s !on expires U-12-vo ____ , ...... --,---~-.,_ Notary Public Page 6 of 6 ro,m 5005 Disk Orono Er1+1e1, A /2t?SDt-, )/= 31-/ 9 ;2 AGREE!vfENT 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 Farms shown as Outlol 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 at the Northwesterly corner of Lot 2, Block 1, Bayview fam1s 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" W distance 148.50 feet, thence Northerly al,ong the west line of Lot 2, Block 1, Bayview Farms to the point of beginning and there terminating. Irvin T. Geffre and Marjorie L. Geffre, fee owners of Lot 1, Block 1, Bayview Farms, as a consideration for such commitment to deed future Outlol A and part of future Outlot C, hereby agree lo 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. ·;.-==-.~ay of K-P Propert~s, Inc. _ / ,1 Ry: ~~~ /f;J::/A-,,c_.'L_'_.:.,,./_✓/_J_',-,/-presidenl Donald R. Peterson \ ' 1 ~~---i--~ Irvin T. Geffre Fee owners of Lot 2, Block 1 Bayview Farms Contract purchaser of Lot 2, Block 1, Bayview Farms Fee ov..-uers of Lot 1, Block 1 ' , ·tJ.c2./. 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