HomeMy WebLinkAboutResolution 4093 4�• .f...,V+
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��b - CITY of ORONO
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�,� G'ti � RESOLUTION OF THE CITY COUNCIL
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A Y2ESOLUTION APPROVIIVG THE
PLAT OF LITTLE ORCHARD
� FILE NO. 2341 �
W�iEREAS,the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, 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 of a
seven lot plat by Dan Anderson(hereinafter "the subdivider"); and
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WHEREAS, the subdivision has been found to meet all standards of the LR-lA,
Lakeshore Residential Zoning District finding that each lot is of a size and configuration that would
allow its use for a single family residence to be fully developed without the need of any variances
other than those granted herein; and
WHEREAS, the subdivider has completed all requirements t�f the platting
regulations of the City, including:
1. Completion of a11 the requirements of Resolution No. 4061, the resolution granting
preliminary approval of the Class III subdivision.
. . 2. � Dedication on the plat of standard perimeter drainage and utility easements. � �
3. Dedication to the City of a Flowage and Conservation Easement over those portions
of wetland located above the 929.4 OHWL of Lake Minnetonka.
4. Dedication to the City of a Tree,Woodland and Vegetation Preservation Easement
over designated shoreline and bluff impact areas within Lots 4, 5 and 6; and
' establishment of covenants for preservation of a vegetated buffer strip along the north
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boundary of Lots 2 and 3 to provide treatment of runoff.
,
5. Establishment of a private road outlot shown on the plat as Outlot A, and design of
stormwater and drainage improvements and facilities.
. 6. Concurrent with the creation of this private road in Outlot A, dedication to the City
of road, drainage and utility easements granting to the City permanent access,
. � improvement and utility easements over said Outlot; and the creation of non-
exclusive ingress,egress, drainage and utility easements over said Outlot in favor of
all abutting lots within the plat including a declaration of covenants, conditions,
restrictions and private roadway easement wherein any lot shall be sold,transferred
and conveyed together with an undivided one-seventh interest in Outlot A whereby
benefitting lot owners covenant and agree to permanently maintain and pay cost of
maintenance for said private road. �
• � 7. Dedication to the City and to the owners of Lots 1 through 7 drainage easements over .
all detention areas and drainageways within the plat providing for limitations on the
use of these areas and shown on the plat as drainage easements,and providing for the
maintenance thereof by the owners of Lots 1 through 7. " �
8. Provision of evidence of stormwater management plan approval from the Minnehaha
Creek Watershed District.
9. Creation of covenants for each lot for protection of drainf'ield sites within each Lot,
including protective language for alternate septic sites along with site plans locating
both primary and altemative sites, and alerting future property owners of the need to
protect sifes on adjacent properties.
10. Execution of a Subdivider's Agreement providing for the installation of �
improvements required as a condition af subdivision approval,including roads and
boulevards, drainage and stormwater facilities and sanitary sewer, and posting of
security to ensure that these required improvements are completed to the City's
satisfaction, the design of said improvements subject to approval of the City
Engineer:
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1 l. Payment to the City of a park dedication fee for Lots 2, 3, 4, 5, 6, and 7 in the
amount of$29,400. �
. 12. Payment to the City for the final plat review fee and fee for legal review and filing
of the plat, easements and covenants in the amount of$400.00. ,
NOW, THER�FORE, BE I'T R�SOI,VED, that the City Council of the City of Orono
hereby approves the plat of Little Orchazd,Hennepin County,Minnesota, subject to the following
conditions: . - �
1. A lot width variance is hereby granted for Lots 2 and 3 which front on a cul-de-sac
and which do not meet the required 200'width at the 50' front setback. A lot width
variance is hereby granted for Lot 7 whicli as a corner lot has a defined width of
. , approximately 51' at the 50' front setback line.
� � 2. A variance is hereb ranted to allow a horizontal curve radius of 125' for the
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private road in order to preserve identified drainfield sites.
3. Minimum standard setbacks and yard designations for all principal residence
construction shall be as depicted on the preliminary plat drawing referenced in
Resolution No. 4061.
4. Lots 4, 5 and 6 shall be exempt from meeting the 'average lakeshore setback'
standards of the Orono Zoning Code.
5. Lots 4, 5 and 6 are subject to City Shoreland regulations regarding protection
� � of the bluff located on said Lots. � � - �
6. All Lots shall access to the private road to be constructed by the developer 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 construction.
7. The private road shall be allowed to access directly to County Road 84 subject to
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conditions for such access as imposed by the Hennepin County Department of Public ,
Works in their required access permit.
8. The private road in Outlot A sha11 henceforth be known as Little Orchard Way.
9. The private road shall be privately owned and maintained per the appropriate �
access easement/maintenance documents to be executed by the developer. The �
developer sha11 create a homeowners association for ownership and maintenance of
the road. �
10. Subdivider shall concurrent with road construction, construct stormwater
management improvements generally as shown on the Preliminary Grading,
Drainage and Erosion Control Plan dated March 15, 1998 subject to any revisions of
. � said plan as may be required by the City Engineer. A final Grading, Draina�e &
• � �Erosion Control�Plan must be a��roved bv the Citv Engineer�rior to release of final �
�lat for filin�. Erosion control�shall be maintained over all disturbed areas until
natural groundcover is restored, adhering to guidelines found in'Best Management
Practices for Protecting Water Quality in Urban Areas'.
11. The private road in Outlot A and required drainage and stormwater improvements
shall be constructed to City requirements, subject to a Developers Agreement
executed between, the City and the developer. Road, drainage and stormwater -
improvement construction can begin as soon as the final plans have been formally
approved by the City Engineer and the Developers Agreement has been executed.
12. 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. . � .� � � �
13. Subdivider sha11 plant boulevard trees along the private road per the requirements
of Section 11.60, Subd. 2.
14. No building pernuts will be issued until a satisfactory road base and all stormwater
and drainage improvements have been installed per approval of the City Engineer.
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15. It is the expectation of the City and the developer that the Metropolitan Council �
will approve incorporation of the property within the Metropolitan Urban Service
Area (MLTSA) and allow the extension of sanitary sewer to serve the plat. In this
event, the developer shall construct said sewer to City standards, the design and
construction of said sewer sha11 be covered under the Developers Agreement, and the
Developer shall upon satisfactory completion of construction and acceptance by the
City,transfer ownership of said sewer facilities to the City,and shall grant to the City
appropriate easements over said facilities; and City shall henceforth maintain said
sewer lines.
16. All identified primary and alternate sewage system drainfield sites within the
subdivision shall be fenced off prior to any land alterations, and such fencing shall
remain in place until such time that each Lot is developed, or until such time that the
. . development has been provided with municipal sanitary sewer, whichever comes
� .. � .� first. � . .
17. In the event that municipal sewer is not provided to the development, subdivider
shall submit complete and acceptable septic system designs for each lot'prior to
the issuance of individual residence structure building permits.
18. Subdivider shall be responsible for installing a new conforming septic system to
serve existing residence on Lot 1 within 1 year of the date of final plat approval if
' municipal sewer is not available, or sha11 abandon the existing nonconforming septic
system and connect to municipal sewer if sewer is available.
19. Applicant shall grant a sewer connection easement over Lot 5 for the benefit of Lot �
� � . 4, subject to approval of the City Engineer. � - ' �
20. Prior to City release of the plat for filing, applicant shall provide evidence of fee
ownership of the property in a form acceptable to the City Attorney, and applicant
shall meet any other title requirements as may be required by the City Attorney.
21. Applicant shall provide all documents noted in this resolution in a format
acceptable to the City Attorney prior to release of the plat for filing.
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22. The aforesaid plat shall be filed by the City of Orono with either the Hennepin ,
County Recorder's O�ce or Registrar of Titles Office on or before December 8,
1998 together with a certified original copy of this resolution and executed copies of
the easements, deeds and covenants noted above.
The approval granted by this resolution sha11 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. Dated this 8th day of June, 1998. .
ATTEST: .
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Lmda S. Vee, City Clerk . Gabrie Jabbour,Mayor
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STATE OF MINNESOTA )
) ss. � �
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me on this 8th day of June, 1998 by
Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Mirinesota
municipal corporation and said instrument was executed on behalf of the City.
,
� ��•., CAROLE A.HASEMAN � � �
`` NOTARY PUBLIC-MINNESOTA
;! 'o`K�,.' HENNEPIN COUNTY Notary Public .
;� �w• My Cammission Expires Jan,31,2000 �
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