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HomeMy WebLinkAboutResolution 4314 ' �. , � ' /� O� � O O ��b. - - CITY of ORONO . � � �� G'� RESOLUTION OF THE CITY COUNCIL " ��kESH�4ti�' . . �� NO. � � � 1L . . x��-�-v� A RESOLUTION GRANTYNG PRELIMINARY t�]PPROVAL OF A CLASS III SUSDIVISION LOCATED AT 250 AND 340 OLD CRYSTAL BAY ROAD SOUTH CRYSTAL BAY PRES�RVE FILE NO.2477 ' WH�R�AS,George W. Stickney(hereinafter the "subdivider")on March 17, 1999, filed a formal subdivision application with the City for approval of an eight(8) lot residential plat of properry legally described as:� Lot 2,Auditor's Subdivision No.229,Hennepin County,Minnesota,And that part of Lot 1, Auditor's Subdivision No. 229, lying southerly of a line drawn parallel with and 240 feet southerly,as measured at right angles to the North line of said Lot 1, and lying westerly of a line drawn parallel with,and 1070 feet easterly as measured at right angles,to the West line . • . of said Lot 1 (hereinafter "the property"); and � . � , WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the Municipal Code of Ordinances, Chapter 10 (Zoning Code) and Chapter 11 (Subdivision),the Orono Planning Commission held a public hearing on April'19, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and , W�REAS,the Orono City Council initially reviewed this application on May 10, 1999 and again at their regular meeting held on June 28, 1999 the Orono City Council considered the subdivision application,noting the following findings of fact: � 1. The property.is located within the RR-1B One Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. � 2. The subdivision is located over two existing residential sites located at 250 and 340 . Old Crystal Bay Road South. The entire site is approximately 20.21 acres,with 1.64 acres as designated wetland and 18.57 acres dry buildable. • Page 1 of 9 �— , � O� . . ' • O O � �b. � CITY of ORONO � � � �� G'� RESOLUTION OF THE CITY COUNCIL . . . ��kESH.�4� . . . NO. : � 3'. � 4� � � . 3. The proposed plat consists of eight residential lots each meeting or exceeding the two acre minimum requirement for the zoning district. . 4. Lots 1, 2, 6, 7 and 8 meet all lot standards for lot width and lot azea, and have demonstrated adequate building sites. , 5. _ Lots 3, 4 and 5 front on the proposed cul-de-sac and do not meet the defined minimum 200'lot width requirement as measured at the rear line of the defined front � yard. Lot 3 has a defined lot width of 130',Lot 4 has a defined lot width of 115' and Lot 5 has a defined lot width of 130'. However,the granting of a lot width variance for each lot is justified by the fact Lots 3, 4 and 5 contain suitable building sites meeting a11 requirements without the need for further variances. 6. The front lot line for each lot is the common boundary with Outlot A, the private road outlot. • � 7. �lots 1 and 8 are located adjacent to Old Crystal Bay Road South. The side yard adjacent to the street for Lots 1 and 8 has an established setback of 50'. These two lots shall not have any direct access to Old Crystal Bay Road. 8. All eight lots shall be served by a private road designated on the plat as Outlot A. 9. Proposed lot 2 contains an existing residence that is intended to remain on the site. A barn and storage building are located to the east of the residence. The storage building is located within the required yard setbacks or over the properry line. The barn and storage building shall be removed upon completion of the plat. The subdivider intends to remove both buildings. 10. The property located at 340 Old Crystal Bay Road South contains a residence,garage� and a storage building, all of which shall be removed from Lots 7 and 8. 11. The proposed private road to be constructed in Outlot A is 700' 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. The minimiim required horizontal radius for private roads in Orono is • Page 2 of 9 �� . � O� ' • O O ��b. - . CITY of ORONO � � ti �',� �'� RESOLUTION OF THE CITY COUNCIL . . �9kESH.�4'� � � . NO. � 3��� � . . 275'. The proposed road in Outlot A will have two radii of 200' and 225' respectively,which requires a variance from the Subdivision Code. This variance is justified by the fact this is a relatively short cul-de-sac road with no future 'through street' possibility. The variance is required based on the location of the existing house which will remain on Lot 2. . 12. Private residential streets serving eight units aze required minimum paved width of 28' 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. Drainage and utility easements should be provided 5 feet along all interior lot lines and 10 feet : wide along all right-of-ways and along all perimeter lot lines. 13. T'he proposed location of the intersection with Old Crystal Bay Road South directly across from Deer Run Trail has been approved by the Director of Public Services. � � . � . . � � , .. . 14. Two septic sites have been identified on each lot. The soil testing and plans � completed by DH Excavating,dated March 31, 1999,has been reviewed by Staff and conditionally approved, subject to applicant providing some additional information as specified in the Septic Review report dated May 6, 1999. � 15. The large parcel located to the east of the subdivision is owned by the Department of Natural Resources. The DNR has not stated they would be requesting any access to the property over the private road. No access is necessary to the south for � connection to the Luce Line Trail. The property to the north has been developed into single family homes. No future connections to the north are required for the Crystal Bay Preserve subdivision. 16. A stormwater management NURP pond is proposed to be located on Lot 2. Lot 2 is 2.9 acres in area. The area containing the pond shall not be included in the dry buildable area for the lot. The final plat should designate the pond as a drainage easement and adjust the lot area if necessary to accommodate the NURP pond. 17. A large Orono wetland is located over Lots 5, 6 and 7. A Flowage and Conservation Easement is necessary to protect the wetland from future development and to preserve existing vegetation. ' � . Page 3 of 9 . , � � _. , O� � • o . � ��6. - CITY of ORONO � � �� �'� RESOLUTION OF THE CITY COUNCIL � l9 4� . . . . . rvo. . ��3 � r�. . � . . kESI30 . . . 18. a) The applicant has proposed a stormwater management plan which will include stormwater ponding on Lot 5 to provide for stormwater detention and treatment. The City Engineer has recommended reducing the size of the outlet pipe located under the Luce Line Trail. Reducing the size of the outlet pipe will reduce the rate of storm . water downstream but will increase the temporary high water level of the wetland _ during storm events. b)Part of this plan will involve raising the elevation of the horse trail portion of the ' Luce Line, located just north of the main Trail, and may involve filling a sma11 portion of designated wetland within the plat and within the Luce Line Trail. Such � filling will require additional detailed review prior to final plat approval; it would be � appropriate to grant a variance for this minor wetland filling. The City Engineer, DNR, and Minnehaha Creek Watershed District shall review the Final Plans prior to . • . final plat approval. . . . . c) The City Engineer has also recommended the establishment of vegetated buffer � strips on each lot to provide additional runoff filtration, since not all runoff from development of the site will be treated by the stormwater pond. � 19. The Pazk Commission reviewed the application on Apri15, 1999 and recommended the applicant dedicate additional land to move the existing bike trail further from Old Crystal Bay Road. When the trail was built an easement was not granted resulting in the trail being located next to the road. Therefore, a 10 foot trail easement should � . be dedicated along the west edge of the property. This tra.il easement should be located over the 10' drainage and utility easement,and therefore shall not reduce the � • creditable lot area far Lots 1 and 8. � 20. The Planning Commission reviewed the application on April 19, 1999 and � � recommended approval by a vote of 6 to 0 to approve the eight lot subdivision of Crystal Bay Preserve. NOW,THEREFORE,BE IT RESOLVED,That based upon one or more of the fmdings noted above,the City Council of the City of Orono hereby approves the preliminary plat of Crystal Bay Preserve for George W. Stickney at 250 and 340 Old Crystal Bay Road South per preliminary plat drawings by Mark S. Gronberg, a licensed surveyor of Coffm& Gronberg, Inc. dated March 17, • 1999,revised June 22, 1999 subject to the following conditions: Page 4 of 9 - � O . � . � � . . • O O . . ��b. - . CITY of ORONO � � ti �,� G'� . � RESOLUTION OF THE CITY COUNCIL .: � � : . .��`��ES�o4� . �. : � � . � � � .� � . rvo.�. ..`4 3 �� 4: � . � . - � 1. A variance will be granted for width of Lots 3, 4 and 5 which do not meet the 200' i width requirement for the RR-1B zoning district. . ' 2. All Lots shall access to the private road in Outlot A. No direct access to Old Crystal Bay Road shall be allowed for any Lot. All existing accesses to Old Crystal Bay ` Road shall be removed prior to City final approval of the private road conshuction. ! 3. The private road in Outlot A shall be constructed to City private road requirements, subject to a Developers Agreement to be executed between the City and the ; developer. Private road construction can begin as soon as the engineeri.ng plans for ' � � the road as well as stormwater management plans have been approved by the City � � and the Developers Agreement has been executed. A variance will be granted for � the two radii of the private road at 200' and 225'. • � 4. Private road�access shall be from Old Crystal Bay Road subject to conditions for . . � � � such access to be approved by the Director of Public Services. � � ' � • 5. The private road shall be privately owned and maintained per the appropriate access � easemenbmaintenance documents to be executed by the developer. The developer shall create a homeowners association for such ownership and maintenance. The homeowners association shall also be responsible for maintenance of all stormwater � f facilities serving the subdivision, including the outlet structure within Lots 5/6 but . not the culvert located within the Luce Line Trail right-of-way, and such maintenance responsibility �hall be detailed within the easemendmaintenance ; documents to be created. = � . � � 6: . No building pemuts will be issued until the private road is �completed and all � ' � � . ' stormwater managemerit improvements have been completed by the developer and � � approved by the City. � � 7. The developer shall grant to the City an underlying Road and Utilities Easement for Outlot A. 8. The developer shall grant Drainage and Utility easements 5 feet wide along all � interior lot lines and 10 feet wide along all right-of-ways and along perimeter lot • lines. � � Page 5 of 9 � °� � � • o � � ��b. - CITY of ORONO � �� ti " �'.� G'� RESOLUTION Op THE CITY COUNCIL �. . . . . l<qk.ESH�4�' . . � . �. NO. e� � � . . . 9. The barn and storage building located on Lot 2 shall be removed prior to issuance of any building pernuts in the subdivision. 10. The existing buildings located on Lot 7 sha11 be removed prior to issuance of any building pernuts within the subdivision. 11. Subdivider shall plant boulevard trees along the private road per the requirements of � Section 11.60, Subdivision 2. � 12. Subdivider shall construct stormwater management improvements to be shown on the Grading,Drainage and Erosion Control Plan to be submitted with the final plat . � application. A final Grading,Drainage and Erosion Control Plan must be approved by the City Engineer prior to final plat approval. Subdivider shall grant drainage . easements over all drainageways and stormwater ponds witli the plat. Subdivider . � shall provide suppartive drainage calculations and define vegetated buffer strips � _ within each lot, such strips intended to provide additional filtration of runoff prior its leaving the site,and such strips to be maintained with grasses in an unmowed state. A variance will be granted for the minor wetland filling which will occur in order to raise the horse trail and establish a new wetland outlet. 13. Subdivider is hereby advised that the City will not grant fmal plat approval until the MCWD has approved all grading and drainage improvements for the property. 14. All identified primary and alternate sewage system drainfield sites within the • subdivision shall be fenced prior to any land alterations, and such fencing shall remain inplace until such time that each Lot is developed. . �. 15. Subdivider shall develop covenants for each lot for protection of drainfield sites within each Lot. Covenants shall include protection for alternate septic sites along with site plans locating both primary and alternative sites. The covenant shall alert future property owners of the need to protect identified sites. 16. Applicant shall submit additional testing on soils found to have a seasonal water table . at less than one foot due to eroded topsoil. Complete designs for the primary drainfield sites on each lot must be submitted and approved prior to final plat . approval. Each drainfield site must be located on the survey to assure setbacks to properry lines, wetlands and the NURP pond. A berm or other protective measure Page 6 of 9 C . /�� � O� • O O • ��,. - CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ���9,kE Hp4�'G . � . N O, . � � � � . � . . � S shall be designed into the sites which may be affected by the 100-yeaz flood. 17. The applicant shall abandon the existing septic site located on the 340 Old Crystal Bay Road property with application for demolition permit for the existing residence. 18. Payment of Park Dedication Fee for Lots 1 and 3 thru 7 per City Ordinance.Lots 2 and 8 are considered to contain existing residences and are not subject to the P.ark Dedication Fee. 19. Applicant-shall grant a .10' wide trail easement along the west boundary of the . property. 20. 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 file a final�plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. FYNAL PLAT Si7BMITTALS � The following list of final submittals shall be submitted to the City two (2)weeks prior'to . the regularly scheduled City Council meeting: � 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 per survey by Coffin& Gronberg, Inc. dated March 17, 1999. B. Designation on the plat of all drainage easements, drainage and utility easements, and wetland boundaries. 2. L�GAL DOC�JMENTS 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. Page 7 of 9 � � ' �� � O� • O O •6. - _ CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL . ��9kE IIp4ti��� �. . � NO. � ��� �. � . � � S . � • I B. The applicant shall provide certified copies of all recorded easements currently affecting the property. C. Signed and executed Drainage Easement over all drainageways, and Conservation and Flowage Easement over all designated wetlands. � D. Signed and executed Developer's Agreement and Letter of Credit. � . � E. Signed�and executed Road and Utilities Easement over Outlot A. ; F. Signed and executed covenants defining responsibility for construction and maintenance for Outlot A, defining future financial obligations. .� . ..._ . . : � . � G. Completed application for private road name. �� " `°� ' " ' H. Signed and executed covenants for protection of drainfield sites, including a ' map def ning the location of the drainfield sites. � I. Vegetated buffer drainage easement including a map defining said easements. � J. Signed and executed Trail Easement o'ver the west 10'of Lots 1,8,and Outlot � A. � I 3. FEES TO BE PAID: , � � � . � , . ; ��A. Final plat fee: $200.00. � B. Legal review and filing fee: $200.00. C. Park Dedication Fee 6 new lots x$4,900=$29,400. � Page 8 of 9 , . , � . � O� • O O ��e. - CITY of ORONO � � ,„ ti �,� �'� RESOLUTION OF THE CITY COUNCIL . . � �9k'ESI304��' . . � NO. � � � 1 �$ . � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting � held this 28th day of June, 1999. � ATTEST: � J • �� < � Linda S. Vee, City Clerk Gabriel ab our, Mayor STATE OF MINNESOTA ) ) ss. . " COLJNTY OF HENNEPIN ) _ _ _ . __,_. _ ......_� .._._ ...,. . � . _ _ The foregoing instrument was acknowledged before me on this 28th day of June 1999,by Gabriel Jabbour&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. 7�. MARY ANN JOHNSON Notary Pub . ... � NOTARY PUBLIC-MINNESOTA ` .°-�� My Commission Fxpi(es Jan.31,2000 a . -'.�'- � ' Page 9 of 9