HomeMy WebLinkAboutResolution 4641 �
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�,. - CITY of ORONO
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�,� G'� RESOLUTION OF THE C TY COUNCIL
�`9�f' 04��' NO. � � s � �. .
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A RESOLUTION APPROVING PRELIMINARY
PLAT FOR PROPERTIES LOCATED AT
4100 WATERTOWN ROAD AND 505 ORCHARD
PARK ROAD
FILE NO. O1-2663 �
WHEREAS, Craig Alshouse, on behalf of CPV Development Company, LLC.,
(hereinafter the "subdivider")has an interest in the properties located at 4100 Watertown Road and
505 Orchard Park Road,and has filed an application with the City of Orono(hereinafter"the City")
requesting a six lot plat for property legally described as:
Attached hereto as "Exhibit A" �
• (hereinafter "the propemT"); 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 h�aring on March 19, 2001 at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on April 9, 2001 the Orono City
Council considered the subdivision application of the subdi�-ider noting the following findings
of fact: �
� FINDINGS .
1. The property is located within the RR-lA Single Family Rural Residential �
Zoning District requiring a minimum of five acres dry buildable land within each
newly created lot, and a minimum of two acres contiguous for the individual
building sites and drainfield sites.
2. The property contains a total of 37.06 acres of land.
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RESOLUTION OF THE CITY COUNCIL
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3. The proposed plat consists of six residential lots each meeting the minimum lot �
size requirement as established for the RR-lA (5 acre) zoning district.
4. Lots 1, 3, 4, 5 and 6 each meets or exceeds the 300' minimum lot width
requirement for properties in the RR-lA zoning district.
5. Lot 2 has a lot width of approximately 220' requiring a variance to the 300'
required width at the structure setback. The City of Orono has approved
variances for lots that front on a cul de sac at the time of subdivision when the
lot can demonstrate a suitable building site and have dimensions similar to other
� surrounding lots. .
. � 6. The property is located in the RR-lA (5 acre zoning district). � The
Comprehensive Plan and the Zoning Code intent for properties in the zoning
district is to provide a combination of low density residential development and
• limited agricultural activity. The lot is. surrounded by properties that are
developed as low density residential developments and small horse farms.
7. There are two residences on the property. One is the existing primary residence
and a second residence is located at 505 Orchard Park Road. The Orchard Park
lot was purchased and combined in 1996 by the current owners. The primary
residence, shown on proposed Lot 5 is located approximately �0' from the front
property line. A variance shall be approved with the final plat that would allow
the building to remain on the property. The house located on proposed Lot 6
is located over the front property line. A variance shall be approved that would
allow the structure to remain on the property.
8. Several variances and conditional use permits have been granted to permit .
� . additions to the residence on proposed Lot 5. Said variances shall be released
. from the entire property to not appear on titles of any newly created lots. �
9. In December of 1985 the City Council adopted Resolution No. 1894 for
variances and a Conditional Use Permit to allow the keeping of domestic
animals for commercial purposes and to allow the continued use of the property
for a public riding stable based on conditions that the total employees hired by
the applicants to assist in the commercial horse operation shall not exceed five
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��e. - - CITY of ORONO
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�'� G'ti RESOLUTION OF THE CITY C011NCIL .
��kESI3�4�' � � � - NO. � � � � -�
full and part time employees, except for special events to be approved by the �
Council. The riding lessons are to be provided by members of the property
� owner's family. One additional important condition was the City shall review
the Conditional Use Permit annually, however annual reviews had not been
necessary. The approvals granted by the CUP shall be released from the title
� as the use does not carry to the new properties.
10. The keeping of domestic animals for non-commercial purposes is a permitted use
including horses for the use of the occupants of the premises. A minimum of
one acre in aggregate, exclusive of one acre for the principal building, must be
available for each animal unit, except as hereinafter set forth. �
11. A minimum of two acres of open pasture must be available for a single horse
and one additional acre must be available for each additional horse. When the
horses are kept stabled and do not require pasture for feed purposes, the
• minimum pasture requirement may be adjusted at the discretion of the Council.
Such minimum pasture acreage shall not include low lyinQ lands unusable for
pasture or grazing. Any person keeping such animals must comply with the
provisions of the City Code.
12. The use of an accessory building for keeping animals for non-commercial
purposes is a permitted use provided it is for the non-commercial use of the
property owner or resident and meets the available area standards outlined in the
paragraph above (Section 10.20, Subdivision 3 (M). Further, no such structure
shall be located less than 150 feet from the nearest adjacent residence and no
closer than 75 feet from the nearest lot line.
13. The use of accessory buildings or land for the storage or rearing of animals not
. owned by the property owner or�resident requires a conditional use permit.
Further, no such structure shall be located less than 150 feet from the nearest lot :
� line.
14. To permit the barn and riding arena to remain on the property variances shall
be approved that would allow the non-conforming structures on a 7.3 acre lot.
The riding arena and barn were originally built before standards were established
regarding the size and number of oversized accessory building allowed on an
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.� G'ti RESOLUTION OF THE CITY COUNCIL
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individual property. The riding arena was built on a lot similar in size to the ,.
lot that would remain after subdivision. Maintaining, but not expanding, the
barn and riding arena would contribute to the rural character of the property. The
� following variances are required to permit the buildings to remain on the -
property following the final plat:
A. To permit two oversized accessory buildings on one lot where one is
allowed. �
B. . To permit two oversized accessory buildings larger than the 3,000 s.f.
� maximum allowed for oversized accessory structures. �
C. To permit 14,497 s.f. for all accessory buildings where 6,000 s.f. is
allowed.
� 15. City protected wetlands were those identified by the City in 1974 and appear on
the City's Wetland Inventory Overlay Maps and are subject to the provisions in
Section 10.55, in addition to WCA regulations. The protected wetlands are
protected at the time of subdivision by the developer by granting of a
"Conservation and Flowage Easement" and further are identified as "Drainage
Easements on the official plat mylars. Section 10.55, Subdivision 15 defines the
minimum lot area requirements shall be interpreted to not allow protected areas
as part of that lot area. City protected wetland areas within the regulatory
boundary are not credited toward dry buildable area for zoning purposes.
16. � Watertown Road and Orchard Park Road are maintained by the City of Orono.
Subdivision Code requires the land shown as Watertown Road and Orchard Park
shall be dedicated to the City. Land to be dedicated to the public for right of
. . way purposes is shown on the preliminary plat drawing dated 3/28/O1. . '
17. A 12' trail easement is proposed along the property lines between Lots 3, 4 and
6. The intent of the trail is to provide for a future path to allow property
owners within the development to access Lot 5. There is a future potential the
barn and riding arena would be used by the owners of Lots 1-4 and Lot 6. The .
trail would allow access for those property owners to Lot 5. �
18. A 50' pasture easement, in favor of Lot 5 is proposed over the south 50' of Lot �
� 6'
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19. The proposed private road to be constructed in Outlot A is 950' in length. This
length is allowed for roads ending in a cul-de-sac. The platted Outlot A cul-de-
sac (100') and road (50') meet established standards for width in the Subdivision
. Ordinance.
20. Private residential streets serving four units are required minimum paved width
of 24' and the cul-de-sac is to be paved with a 40' radius. Construction
standards are established in the Subdivision Ordinance in Section 11.33,
Subdivision 4.
21. Lots 1-4 require access to the new private road to be constntcted in Outlot A.
Lot 5 has had a direct access to Watertown Road. Lot 6 has access to Orchard
Park Road. A Homeowner's Association will be responsible for maintenance of
the private road, horse trail, and stormwater management facilities and pond.
� 22. The City Engineer has reviewed the stormwater management plan and has
conceptually approved the plan and location of stormwater facilities.
23. The City On-Site Systems Manager has approved the septic design and has
determined each lot demonstrates a primary and alternate site in a location to
meet all required setbacks.
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 approves the
preliminary plat application and conditional use permit for CPV Development Company, LLC.
be approved per preliminary plat drawings by Martin P. Campion, a registered engineer of Otto
Associates Engineers and Land Surveyors, Inc., revised date 3/28/O1, attached as Exhibit B,
subject to the following conditions: � .
1. The final plat drawing shall indicate the property lines as depicted on the
preliminary plat drawing noted above.
2. Setbacks shall be shown on a revised site plan to be submitted with the final
plat. �
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(Private Road)
3. The private road, to be constructed within Outlot A, shall be developed to City
requirements (Section 11.33, Subd. 4) for private roads serving 4 units. Code
requires a 50' platted right-of-way, and the minimum paved width of the street
to be 24'. The cul-de-sac shall be platted 50' in radius with a minimum paved
radius of 40'
4. The private road will be constructed with rural sections, subject to review and
approval by the City Engineer.
5. Private road construction shall be subject to a Developers Agreement to be
executed between the City and the developer. Private road construction can
begin as soon as the engineering plans for the road as well as stormwater
management plans have been approved by the City, the Developers Agreement
� � has been executed, and the final plat has been recorded with Hennepin County.
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6. The private road shall be privately owned and maintained per the appropriate
access easement/maintenance documents to be executed by the developer. The
developer shall create a homeowners association for such ownership and
maintenance.
7. No building permits will be issued until the private road base work and all �
stormwater management improvements have been completed by the developer
and approved by the City.
8. The developer shall grant to the City an underlying Road and Utilities Easement
for Outlot A. � � �.
(Landscaping) �
9. Subdivider shall plant boulevard trees along the private road per the requirements
of Section 11.60, Subd. 2.
(Stormwater Management Plan/Wetlands)
. 10. Subdivider shall construct stormwater management improvements generally as �
shown on the Preliminary Grading, Drainage and Erosion Control Plan dated
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� 2/16/Ol subject to any revisions of said plan as may be required by the City �
Engineer. A final Grading, Drainage & Erosion Control Plan must be approved
by the City Engineer prior to final plat approval. Subdivider shall grant drainage
� and utility easements over the stormwater pond located on Lot 1.
11. Subdivider is hereby advised that the City will not grant final plat approval until
the MCWD has approved all grading and drainage improvements on the
property. . .
12. Subdivider shall grant Flowage and Conservation Easements over City protected .
wetlands and show the wetlands as a `drainage easement' on the plat.
13. Standard Dra.inage and Utility Easements shall be dedicated on the final plat 5'
along interior property lines and 10' along exterior property lines and Outlot A.
• (Barns and Riding �Arena) �
14. Variances shall be approved to permit the barn and riding arena on the property.
15. Subdivider and property owner shall enter into a restrictive covenant that limits
the use of the barn and riding arena to uses accessory to livestock. The
covenant shall restrict any use related to the keeping of livestock to
commercial/private, per the requirements of the Municipal Code, and not permit
. any expansion to the use or structure of the buildings. •
16. Commercial use, including boarding of horses not owned by the occupants of the
property andlor commercial use of the riding arena shall not be permitted
without conditional use permit approval by the City Council. �
17. The remaining accessory buildings located on Lots 1-4 and Outlot A shall be
removed prior to the issuance of building permits as accessory buildings are not
permitted on lots without a principal structure.
(Park Dedication) � .
18. Payment of standard Park Dedication Fee or dedicate land per City ordinance. � .
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19. Subdivider is hereby advised 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 preliminary
subdivision application with the City. �
Final Plat Submittals:
The following list of final 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. These submittals are as follows: � �
1. Record plat drawings in the form of two (2) mylaz 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 Martin P. Campion�of Otto
Associates Engineers and Land Surveyors, Inc. dated March 28, 2001.
b. Dedication of drainage and utility easements 10' wide along the exterior
� boundaries of property and 5' along the internal lot lines.
c. Designation and dedication of drainage and utility easements over
detention ponds and drainageways� as shown on preliminary grading,
drainage and erosion control plan. .
d. Designation and dedication of drainage easements over all City protected
� . wetlands as shown on the preliminary plat drawing. �
e. Designation of Outlot A to serve as a private roadway. �
f. 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.
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� 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, landscaping and construction of private road
(Outlot A), stormwater and drainage facilities, etc.
d. Signed and executed Flowage and Conservation Easement over the
wetlands within the development. � �
� e. Signed and executed Road and Utilities.Easement over Outlot A.
f. Signed and executed "Declaration of Private Road Easement and
Declaration of Maintenance for Same".
• g. Signed and executed easement in fayor of Lots 1-6 for use of the riding
trail.
h. Signed and executed easement agreement for 50' pasture area within Lot
6 for use by Lot 5.
i. Signed and executed restrictive covenant document limiting the use of the
barn and riding arena on Lot 5.
j. Completed "Application for Private Road Name". .
3. Fees to be paid: Total due: $425.00*
a. Final plat fee = $225.00 � � � � -
b. Le�al review and filing fees for subdivision and associated documents =
$200.00
c. Park Dedication Fee shall be determined by the City Assessor based on
the fair market value of the undeveloped land at the time of preliminary
plat approval. The subdivider shall be advised as soon as Assessor's
report has been filed with City. Park dedication fee shall be based on �
• 8% of the fair market value of land within the plat.
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��b - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
. ��9kE p4�'G NO. ' ' .
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Adopted by the City Council of the City of Orono, Minnesota at a regular �
meeting held this 9th day of April, 2001.
ATTEST: . .
��.R-e._�2 �d��-2-
�uQ LJ. `Y'V� r:*�� �''°rv Barbara A. Peterson, Mayor
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�G�-t�.L /J O��t ,��4�-`�/GLe�-/L .
STATE OF MINNESOTA ) . .
) ss.
COUNTY OF HENNEPIN ) .
• The foregoing instrument was acknowledged before me on this 9th day of April, .
2001, by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary P lic
MARY ANN JOHNSON
• � • • ��x` `? NOTARY Pi1BLfC-M1NN�SOTA
'�'� �'h'�o�wr�sfon Expires Jan.31,20p5
•
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iP�cparty Descripllon o/Roco�d • '
. , 4 j (Fiom Schedule A Grilcago IIUe lnsumnce Pdicy No. 3f579?-Llst) . EX�11U l� �i �
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! Po�cel !: '
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! fie Soutb Ovarter of the Narlheast Oua�te�ot Ne SwfhaosE Warter o/the Nwtheoat L�+ertar
. cnd the Nwth Quarter of the Soufheost Ouorter o1 fhe Soulheast Quorter of Ne Northaos!
'• 4Lc�ter of Sactiat 31, Township 118, Range?3.
• ' Pcrcal2:
' Thot port of!he West one-/ou�th o/fhe Southaast Ouorter of the Norfheast O�arter, Sacticn 3l,
To�nshrp fIB, Ronga 2J das�nbed as commancing at the intarsection of fhe cmta�lrne oI tNe ,
� Watarto�rn RoaC with o line 35.00/eet West of, maasvrad at right ang/es to and parallal Mith fhe .
Eoat line of said FYas� one-fourN of the Southeast Qt�orter o/Ne Ncrtheost Ouo�ta; thenca
Ncrlh,parclld wfth sald fost/ine, a distance of 135.00/eel; thence East, ot riyht angfas, a : '
distance of 3$.00 feat to the point o/beglnning: thence Was4 ot right ang/es to soid£ost line, o • .
c'istance of 70.00 feeh thance Soulh, porollel with said Eos!line, to !he conte�line of sold road
_ thence Southaasterly along sard canter line !o said East line; thence North o/ong soid£ast Ir�e, to , •
tbe point of be9lnning. � • ,
Pcrca!J:
' Tha Sovth 7.50 ocras of!ho Eost Otrarter o/the Northeost Quarter of Section 31, Township t10, �
Ronga 2J anG Hiat part of Ne Eost Holf of the South 27.50 ocros af the West Ha1f of the East Hc/f
of Ne Nerfhaast GLartor lying Nwrth of Na WatertoWn Road descnbad as baginnirr9 at fha ' .
Norlhwest eemer oI the South 7.50 acras of tAe Eoat Ovo�tu o1 U+e Norfhaast GLorter of sai0 .
Seetian Jl; theneo Ncrth along 1ho fost line of soid East No!/of the Soulh 27.50 oeres of!he
Wsst Nalf o!tha Eost Hal/o/fho Northoost Quorta, o distonce of 264.00 faot; Nance Wast
para!!d wiN the North line of Ne South 7.50 ocras of tha fast GLa�te�of Ne Northaast Overte,
. a distanca o1 l65.00/oel; thonco South parollal wilh the oforemrntioned East fine to tho eenteri'v+a
o/U+e Wotartown Rood,• lhenca Southoastcriy olong said earitadino to!ts interseetion with Ne
Wast/ina of the Sarth 7.50 acres of tho Eost Gtrorter oI fho NmNoast Quorler; thenea North
along said lino to the point o/bapinnrng. .
Pa�ca!s: ' '
Tha Wost Jl6.50 fae!o/the South f08&!0 feet of Na Wast Hol/of the South 27.50 acres tho . •
� Wos!Ncf(of!ha£ost Na!/of tha Northaast Ouarte�o/Saction 31, TownshJp 1IB, Range 2J lying
NcYth o/tho Cantarlino o(tho Mlnnaapd/s ond Watertoxn RoaO. '
. Po�ce!5: .
' Thot pert oI fhe Eost Naf/of tbe South 27.50 acres o/the Weat Half of fhe Eoat Nalf of the
N�rtheoat Ouartar lyi�g North o/the Mlnneapolls ond Woterlown Road Ceacrlbad os beginning ot •
fhe Ncrthwest eaner o/tha South 7.50 ores o/the Eoat Ovarta ol fhe Narthaost 4tirarter o/
SecHon 31, 7ownship 118, Ronge?J; lhence North c/w�g the Eost!/na of sald Eost Xa/l of Na
• Scuth 27.50 acres o/the Weat Holf o/the Eoet Nof!of the NorNaast Quorte, o di�tance of
164.00 faet !o tha octua/polnt of beglnn/ny of lond to be descnbed; thence eontlnufng NerfA
clong Ne Eost Rne of said East Nof/of the South 27.50 ares o/the LYest Nall,ol the East Nclf of
the Northaast Qtra�te�to f he Nw t haas t come�l horoo l• t hmca Wes t a/m g Ne North f(ne o/fhe
SouN 27.50 ocres to tha Wa:t llne of the£ost Hol/oI the Northeost Qua�ter, fhmea Southerfy e+r
fhe West line o/the East Na/f of the Northeont Qua�tar ta the centcr Ifne oI the Alinneepdis end �
Wotutown Road; thance Soufhaosta�fy along said centar lfna to!ts!nlersect/on wlth a fine d�oim
165.00 /eet West o/the Weat llne of the Sauth 7.50 acrae o/the Eost Qucrte�ol fhe Narthaaat
Ouarter, thenca North paropd wlth and l65.00 Ieet West of the West line oI sald SovfA 7.50
ecra� 6/6.98 Ieat to a point 165.00 faat Wast of the actuol polnt of bagrnning; thence Eost f65.00 •
feet to the octuof pofnt o/baginning.
Pareel 6: ' .
Tha fYast Quorter o/the South firec-Eighte oI the Norfhaos! OUerter of the Northaaat Ovartx,
end fhot po�t of Na West Ouarler of fhe Southeo�t Ouarter o1 the Ncrlhaast Quartar fying Ncr'.h •
o�fhe center line o/the Alinneapdis ond Wo�ertown Road, in Section 31, To�mship 118, Rcnge
2J, axeepL•
The N'est 3l6.50 faet oI Ne Sovth 108&!0 faet o/!he West Hal/o/.lhe Soufh 27.50 ocras of fhe
� - We.rt Ha1!ot the£art Hal/of the Northaos! Ouarter ol Section Jf, Township 1f8, Ronge 2J lyrng
• North of the caitx fine oI the Minnacpdra and Watrtown Road.
Alf in Nennepin County, Minnesola. � � . �
• � . • Sutvayaia Note: .
� There!s o gop in fhe exlnting p�ope�ty deatriptiona /or the Nor�h Ouarter of tAe Southeo�t Wertv .
of Uie Soulhaa�t Ouartrr al Norlheast Ouo�ter ond the SouN 7.50 acres of tAe fa�� Gbortar o!fhe
Nartheaat �c�ta�(Poiee!3). Wa how aho�n lhis gcp (sae detai7) ond Mrilten a desuipUor� /or
Ne gap and Rrggest an attomey be emtacted to rosdw thi�preblan.
Suggestad Oercrrptim of Cop:
Jhat part of the So�theost Wn�ter o/the Sautheast LLortv o/the Northeast GLc�ter of SeeUen
31, Tonnahip f18, Range 2J Hennepin County, Minnesoto, that lies Narth of Ne Nath line of
fAe SouN 7.50 c�ros tharaol and SouN o/fha South line oI fhe Nwth Ouortv oI said Savtheast
GVertr oI tNe Sovlhaost Oue�ter o/tna Northaost 0liorte`
•
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