HomeMy WebLinkAboutResolution 4330 t; Y
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A R�SOLU�ION GRANTING P1ZEI,IldIil�ARY �
ARPROVAL OF A CLASS III SUBIDIVYSIOIV LOCATEI2
AT 555 S7CU��S BAY i20AD
g+'OIt PETER ANDR�A CO.
�'II..�ATO. 2479
�V�EI2EAS, Peter Andrea Co. (hereinafter the "subdivider") on March 17, 1999,
filed a formal subdivision application with the City for approval of a.seven (7} lot residential plat
of property legally described as: .
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The Southeast Quarter of the Northwest Quarter of Section 32, Township 118 North Range
23 West of the Sth Principal Meridian, except the South 260 feet of the East 310 feet thereof,
also .except that part of said Southeast Quarter of the Northwest Quarter which lies
� northeasterly of the following described line; Commencing at the Northeast corner of said .
� Southeast Quarter of the Northwest Quarter; thence south along the East .line of said
Southeast Quarter of the Northwest Quarter a distance of 426 feet to the point of beginning
of the line being described; thence westerly, deflecting right 103 degrees 20 minutes a
.distance of 560 feet;thence northerly to a point in the North line of said Southeast Quarter
of the Northwest Quarter distant 730.04 feet west of said Northeast corner as measured along
, said North line, and said line there ending.
ALSO that part of the Northeast Quarter of the Northwest Quarter lying West of the East 73 0 �
feet thereof, and lying southerly of the southwesterly right-of-way line of the Burlington
Northern Railway, (formerly the Grea.t Northern Railway), Section 32, Township 118 North,'
Range 23 West of the Sth Principal Meridian.
(hereinafter�"the property"); and � - . .
�V�E�AS, 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,
May 17, 1999 and 7uly 19, 1999, at which time all persons desiring to be fieard concerning this
application were given the opportunity to speak thereon; and
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VV�EREAS,on August 9, 1999 the Orono City Council considered the subdivision I
application, noting the following findings of fact:
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1. The property is located within the RR-lA One Family Rural Residential Zoning
District requiring a minimum of five acres of contiguous dry buildable land within . i
� each newly created lot.
2. �'he entire site is approximately 46.75 acres, with 4.39 acres as designated wetland
and 39.21 acres dry buildable, excluding land dedicated to right-of-way. �
� 3. The proposed plat consists of seven (7) residential lots each meeting or exceeding I
the five(5) acre minimum requirement for the zoning district.
4. All lots meet lot standards for lot width and lot area, and have demonstrated adequate
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building sites. � �
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5. Lot 1, Block 1 will be accessed through a private drive noted on the plat as Outlot �
C. A temporary drive to serve Lot 1, Block 1 will be located in Outlot B until the �
.private road is developed in Outlot B to serve properties to the west. I
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6. The front lot line for Lots 2, 3 and 4, Block 1 and Lots 1, 2 and 3, Block 2 is the �
common boundary with Outlot A, the private road outlot. !
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7. Lot 4,Block 1 and Lot 3,Block 2 are located adjacent to Stubbs Bay Road. The side I
yard adjacent to the street for Lot 4, Block 1 and Lot 3, Block 2 has an established �
setback of 50'. These two lots shall not have any direct access to Stubbs Bay Road. �i
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8. Lots 2, 3 and 4, Block 1 and Lots l, 2 and 3, Block 2 shall be served by a private i
: � road designated on the plat as Outlot A. � � (
9. Lot 1,Block 1 is subject to a future land dedication for a Highway 12/County Road
6 interchange. Cunent plans indicate the total land dedication may involve just ;
under 4 acres of land. The resulting lot would be 5.16 acres in area, still meeting the '
required 5.0 acre minimum lot size. It appears the lot would allow for a buildable
site within the proposed setbacks with some grading.
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10. Lots 2 and 4,Block 1 and Lots 1 and 3, Block 2 are defined as corner lots which do
require a 100' side yard adjacent to street setbacks. Lot 2, Block 1 and Lot 1, Block
2 are showing setbacks of 50' adjacent to a street. This change shall be shown on
future surveys at 100'. The lots do demonstrate suitable building sites with the
increased setbacks.
11. The proposed private road to be constructed in Outlot A is 1100' in length. This
length exceeds the 1000' allowed for roads ending in a cul-de-sac. A variance is
granted allowing the road to exceed the 1000' allowed by code based on the cul-de-
sac being developed as a temporary road. It is the intent to extend the private road
when access is required to the west. The platted Outlot A cul-de-sac (100') and road
(50') meet established standards for width in the Subdivision Ordinance.
12. Private residential streets serving seven units are required minimum paved width of
28' and the cul-de-sac is to be paved with a 40' radius. Construction standazds are
established in the Subdivision Ordtnance 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. The proposed location of the intersection with Stubbs Bay Road has been approved
by the Director of Public Services.
14. Two septic sites have tieen identified on each lot. The soil testing and plans
completed by Swedlund Septic Services has been reviewed by Staff and
conditionally approved, subject to applicant providing some additional information
as specified in the Septic Review report dated August 4; 1999.
. 15. A stormwater management NURP pond is proposed to be located on Lot 4, Block 1.
. . 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 dra?nage easernent and adjust the �
� lot area if necessary to accommodate the NURP pond. .
16. Orono designated wetlands aze located over Lots 1,2 and 3,Block 2. A Flowage and
Conservation Easement is necessary to protect the wetlands from future development
and to preserve existing vegetation.
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17. The City Engineer has 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.
18. The Planning Commission� reviewed the application on 7uly 19, 1999 and
recommended approval by a vote of 7 to 0 to approve the seven lot subdivision of
land located at 555 Stubbs Bay Road.
NOW, TH�RE�'OR�, BE IT RESOL�ED, 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 Peter Andrea Co. located at 555 Stubbs Bay Road, legally described above per preliminary plat
drawings by Mark S. Gronberg, a licensed surveyor of Coffin& Gronberg, Inc. dated May 13, 1999,
revised July 2, 1999 subject to the following conditions:
1. A variance will be granted for the cul-de-sac to permit a temporary cul-de-sac 1,100
• � , feet in length where 1,000 feet is allowed. �
2. Lots 2, 3 and 4,Block 1 and Lots 1, 2 and 3, Block 2 shall access to the private road
in Outlot A. No direct access to Stubbs Bay Road shall be allowed for any Lot.
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 engineering plans for
the road as well as stormwater management plans have been approved by the City
and the Developers Agreement has been executed.
4. Private road access sha11 be from Stubbs 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
easement/maintenance 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
facilities serving the subdivision, including the pond located over Lot 4,�Block 1.
6. No building permits will be issued until the private road is completed and all �
stormwater management improvements have been completed by the developer and
• approved by the City.
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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.
9. The subdivider shall provide screening along Outlot A and on the east side of Stubbs
Bay Road to create a visual barrier to minimize light pollution from automobiles
entering Stubbs Bay Road from Outlot A. .
10. Subdivider shall plant boulevard trees along the private road per the requirements of
Section 11.60, Subdivision 2.
. � 11. �� Subdivider shall dedicate on the final plat west 33' for right-of way for Stubbs Bay
• � Road. ' � . . . .
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 with the plat. Subdivider
shall provide supportive drainage calculations and define vegetated buffer strips
within each lot, such strips intended to provide additional filtration of runoff prior
to its leaving the site, and such strips to be maintained with grasses in an unmowed
state.
13. Subdivider is hereby advised that the City will not grant final 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 in place 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 properry owners of the need to protect identified sites.
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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
property lines, wetlands and the NURP pond. A berm or other protective measure
shall be designed into the sites which may be affected by the 100-year flood.
- 17. Payment of Park Dedication Fee for seven (7) new residential lots per City _
� Ordinance.
. 18. 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.
� 19. Subdivider is hereby advised any changes with the layout of lots and/or outlots shall
require further review by the City Planning Commission and City Council.
FIIVAL PLA�' SZJBIV���AI.S
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The following list of final submittals sha11 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 May 13, 1999, revised
� 7uly 2, 1999.
B. Designation on the plat of all drainage easements, drainage and utility
easements, and wetland boundaries. �
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2. L�GAL DOCUMENTS required: �
A. Title opinion addressed to the City. �All owners,mortgage holders or others
with properry interest indicated therein shall sign the plat and all other
�documents affected by such interest. �
B. The applicant shall provide certified copies of a11 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 Outlots A, B and C.
F. Signed and executed covenants defining responsibility for construction and
maintenance for Outlot A, defining future fmancial obligations.
G. Completed application for private road name.
H. Signed and executed covenants for protection of drainfield sites, including a
. map defining the location of the drainfield sites.
I. Vegeta.ted buffer drainage easement including a map defining said easements.
3. FEES TO BE PAII�: � �. .
A. Fina1 plat fee: $200.00. �
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B. Legal review and filing fee: $200.00. I
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C. 'Park Dedication Fee 7 new lots x$4,900=$34,300. • '��
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� G'�F .. RESOLUTION OF THE CITY COUNCIL
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� Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 9th day of August, 1999.
ATTEST:
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Linda S. Vee, City Clerk Gabri Jabbour,Mayor
• �STATE OF MINNESOTA ) � �� � �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of August
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.
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