HomeMy WebLinkAboutResolution 4061 � .. �y �
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��b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS III SUBDIVISION
FOR PROPERTY LOCATED AT 905 OLD CRYSTAL BAY ROAD SOUTH
' -FILE NO. 2341
W�REAS,Dan Anderson(hereinafter the"subdivider")on January 23, 1998,filed
a formal subdivision application with the City for approval of a seven lot residential plat of
property legally described as:
Beginning at a point on the East line of Lot 7, Section 9, Township 117, Range 23,
17.14 rods South of the Northeast corner of said Lot 7; thence West parallel with the
North line of said Lot 7, 28 rods; thence South parallel with and 28 rods from East ,
line of said Lot 7 to shore of Lake; thence Southeasterly along said lake shore to East
line of said Lot 7; thence North on said East line of Lot 7 to point of beginning;
except that part thereof described as follows:
. Beginning at a point on East line of said Lot 7, 17.14 rods South of the
Northeast corner of said Lot 7; thence West parallel with North line of said Lot 7, 28
rods; thence South parallel with and 28 rods from East line of said Lot 7, 20 feet;
thence East at right angles to said last mentioned line 28 rods to East line of said Lot;
thence North 20 feet to point of beginnin�.
- AND .
Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter .
of Section 9, Township 117, Ran�e 23; thence North 6.57 chains to the center line of
the Crystal Bay Road (so called), thence Southeasterly along the center line of said
road 11.89 chains to the South line of said Northwest Quarter of the Northeast Quarter
of said Section 9, thence West along said South line 10 chains to the place of
beginning, all according to the United States Government survey thereof.
AND
All that part of Government Lot Seven (7), Section Nine (9), Township One Hundred
Seventeen (117) North, Range Twenty-three (23) West, of the Fifth Principal Meridian,
described as follows:
Beginning at a point on a line drawn parallel with and twenty-eight (28) rods
distant from the East line of said Government Lot Seven (7), Which said point is three
hundred two and eighty-one hundreds (302.81) feet South of the North line of said
Government Lot Seven (7); thence Southwesterly along a line which makes an angle
of rivelve degrees, fifly-four minutes, and forty seconds with said line which is parallel
with and twenty-eight (28) rods distant from the East line of said Government Lot �
Seven (7), a distance of seven hundred sixty-six and seventy-six hundreds (766.76) feet;
thence Southerly parallel with the East line of said Government Lot Seven (7) to the
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shore of Lake Minnetonka; thence Southeasterly along said shore of Lake Minnetonka
to a point in a line drawn parallel with and twenty-eight (28) rods distant from the East
line of said Lot Seven (7); thence North along said line parallel with and twenty-eight
(28) rods distant from the East line of said Lot Seven (7) to the point of beginnin�.
All in Hennepin County, Minnesota. ' �
(hereinafter "the property"); and !
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WHEREAS, after due published and mailed notice in accordance �vith Minnesota �
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono j
Planning Commission held a public hearing on February 17, 1998, at which time all persons I
desiring to-be heard concerning this application were given the opportunity to speak thereon;
and . . . � i
WHEREAS, at their regular meetings held on March 9, 1998; March 23, 1998;
and April 13, 1998, the Orono City Council considered the subdivision application of the
subdivider noting the following findings of fact: .
� 1. The property is located within the LR-lA Single Family Lakeshore Residential
Zoning District requiring a minimum of two acres of contiguous dry buildable
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land within each newly created lot. � !
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2. The property contains a total of approximately 17.5 acres of land. The only
wetlands located on the roperty include two wetlands adjacent to and within the I
P
floodplain of Lake Minnetonka, comprising less than 0.1 acre in total area. All �
portions of such wetlands located above the 929.4 OHWL shall be subject to a
Flowage and Conservation Easement.
. 3. . The proposed�plat consists of seven residential lots each meeting the minimum i
lot standard requirements of the LR-lA, Single Family Lakeshore Residential i
Zoning District, except as follows:
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A. Lots 2 and 3 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 2 has a defined width of 110' and Lot 3
has a defined width of 170'. However, the granting of a lot width �
� variance for these lots is justified by the fact that each of Lots 2 and 3
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contains a suitable building site meeting all required lot line setbacks
without the need for further variances.
B. Lot 7 is a corner lot abutting Old Crystal Bay Road and the private road
. outlot. By defuution, the boundary abutting the private road is the front
lot line, and the defined lot width at the rear of the defined front yard
of Lot 7 is approximately 60' where 200' is required. A variance to lot
width is justified based on the configuration of Lot 7, because it has far
, � in excess of 200' of frontage on Old Crystal Bay Road; because �the
location of septic sites and the stormwater pond still allow for a suitable
buildable envelope; and because of the unique shape of the property.
4. Lots 1 and 2 are 'through' lots subject to a conditional use permit requirement
for placement of any accessory structures.
• � 5. Lots 4, 5 and 6 have very restrictive building envelopes due �to topography, bluff ,
impact zones, and drainfield sites, which in combination leave little flexibility
for the location of the homes to be constructed. Each of these three Lots
contains sufficient width, and each is oriented iri a manner in relation
to the shoreline such that application of the average lakeshore setback ordinance
to these Lots will not serve its intended purpose of preserving adjacent Lots'
views. Therefore it is appropriate to exempt said three Lots from having to meet
�'average lakeshore setback' standazds.
6. The property contains approximately 800' of relatively undisturbed, heavily
wooded Lake Minnetonka bluff shoreline abutting Maxwell Bay, located across
said Bay from Noerenberg Park. As one of the relatively few such undisturbed
areas left on Lake Minnetonka, this unique natural feature is of such value to
. the public, especially as viewed from the lake, that special protection measures
are warranted in order to preserve such features in as natural a state as possible. �
7. All lots have been found to have adequate and suitable soils for on-site septic
treatment facilities providing both a primary and alternate site for each of the
seven lots. Final septic system designs are required for each lot. VJhile the
City is pursuing the possibility of providing municipal sewer to this
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development, the properry can be developed�as proposed with septic systems and
without the need for municipal sewer.
8. Lot 1 contains an existing residence structure which meets all required
setbacks for the LR-lA district. However, said residence is served by a
septic system which has not been located and which is likely non-conforming
. and which is likely to be located outside the boundaries of Lot l.
9. All seven Lots shall be served by a private road designated on the plat as Outlot
A.
10. The private road proposed to be constructed in Outlot A is proposed with a
horizontal curve radius of 125' where City code standards require a 275' radius.
The 125' radius will be approved based on the short length of the road (700')
and because the 125' radius allows a design speed of 20-25 mph which is not
• inappropriate for this length road. The variance is further justified in order to.
protect drainfield sites which would otherwise be eliminated if the road was
designed to meet the 275' radius standard.
11. Tlie applicant has proposed a stormwater management plan which will include
stormwater ponding, storm sewers where appropriate, and vegetated buffer areas,
to provide for stormwater quality and quantity management.
12. Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County
Department of Transportation, in his letter of February 12, 1998, approved the
proposed curb cut location to Old Crystal Bay Road (County Road 84).
13. The City will not require that an additional 7 feet of right-of-way as requested
by Hennepin County be granted for Old Crystal Bay Road, because the Orono
Comprehensive Plan categorizes County Road 84 as a 'scenic parkway' requiring
only a 66' right-of-way width. The Hennepin County Bicycle Trail System Plan
dated September 1996 does not include a trail at this location along County Road
84. The City Council has reviewed the City's trail corridor needs along Old
Crystal Bay Road and has concluded that no trail easements will be required
. from this plat.
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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 of Dan Anderson at 905 Old Crystal Bay Road South per
preliminary plat drawings by Edward J. Otto, a licensed surveyor of Otto Associates Engineers
and Land Surveyors, Inc., dated January 23, 1998, most revised date April 8, 1998, subject to
the following conditions:
� 1. A variance will be granted for width of Lots 2, 3 and 7 which do not meet the
200' width requirement of the LR-lA District.
2. A variance will be granted to allow a horizontal curve radius of 125' for the
private road in order to preserve identified drainfield sites.
3. Lots 4, 5 and 6 shall be exempt from meeting the 'average lakeshore setback'
standards of the Orono Zoning Code.
� 4. Lots 4, 5 and 6 are subject to City Shoreland regulations regarding protection
of the bluff located on said Lots. �
5. Setbacks for all principal residence construction shall be as depicted on the
preliminary plat drawing.
6. 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 sha11 be removed prior to City final approval of the private
road construction. �
7. 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.
8. The private road shall be allowed to access directly to County Road 84 subject
to conditions for such access as imposed by the Hennepin County Department
of Public Works in their required access permit.
� 9. Driveway to serve Lot 7 shall extend from the private road in Outlot A within
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the portion of said Outlot extending along Old Crystal Bay Road. Subdivider
shall confirin that the area of Lot 7 excluding the stormwater pond easement is
at least 2.0 acres.
10. 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.
11. 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.
12. The developer shall grant to the City an underlying Road and Utilities Easement
for Outlot A.
• 13. The proposed grading plan for creation of a building pad within Lot 6 shall be �
designed to result in no encroachment of the bluff impact zone.
14. Subdivider shall plant boulevard trees along the private road per the requirements
of Section 11.60, Subd. 2.
15. Subdivider shall 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 fmal Grading, Drainage & Erosion Control Plan must be
approved by the City Engineer prior to fmal plat approval. Subdivider shall grant
drainage easements over all drainageways and stormwater ponds within the plat.
16. 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.
17. 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.
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. Subdivider shall develop covenants for each lot for protection of drainfield sites
within each Lot. Covenants shall include protective language for alternate septic
sites along with site plans locating both primary and alternative sites. Applicant
shall include language alerting future property owners of need to protect sites on
adjacent properties.
19. Applicant shall submit complete and acceptable septic system designs for
. each lot prior to fmal plat approval.
20. 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.
21. Subdivider shall grant a Flowage and Conservation Easement over those portions
of wetland located above the 929.4 OHWL.
• 22. Subdivider shall grant a Tree, Woodland and Vegetation Preservation easement
over the shoreline and bluff impact areas within Lots 4, 5 and 6. ,
23. Payment of standard Park Dedication Fee per City ordinance.
24. 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 fmal 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 aze 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
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reduced to 1" = 200'. Drawing to include:
a. Lot lines platted per preliminary survey by Edward J. Otto of Otto
Associates Engineers and Land Surveyors, Inc. dated January 23, 1998,
most recent revision April 8, 1998.
b. Dedication of drainage and utility easements 10' wide along the exterior
boundaries of property and 5' along the internal lot lines.
c. Dedication of right-of-way for County Road 84 at 33'.
d. Designation and dedication of drainage easements over detention ponds
and drainageways as shown on preliminary grading, drainage and erosion
� , � control plan.
. 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.
b. The applicant must provide cert'ified copies of all recorded easements
currently affecting the property. �
c. Signed and executed Developer's Agreement and letter of credit for
approved site improvements and construction of private road (Outlot A),
stormwater and drainage facilities, etc.
d. Signed and executed Tree, Woodland and Vegetation Preservation
Easement.
e. Signed and executed Drainage Easements to be taken over drainageway
• and detention areas within plat.
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f. Signed and executed Flowage and Conservation Easement over wetlands
located above the 929.4' OHWL. �
g. Signed and executed Road and Utilities Easement over Outlot A.
h. Signed and executed "Declaration of Private Road Easement and
Declaration of Maintenance for Same".
i. Completed private covenant for all Lots regarding protection of drainfield
sites. Covenants to include protective language for primary and alternate
. drainfield sites and to include the site plans locating both the primary and
alternate sites. Subdivider to develop language alerting future owners of
need to protect sites on adjacent properties. Covenants must be in a
• form suitable for filing. The City has samples of protective covenants
used by former developers. Subdivider may wish copies and should
notify City.
j. Completed "Application for Private Road Name".
3. Fees to be paid: Total due: � $400.00*
a. Final plat fee = $200.00
b. Legal review and filing fees for subdivision and associated documents =
$200.00 F
c. *Park Dedication Fee: amount shall be determined as soon as City �
Assessor has placed a fair market value on 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 Lots 2
through 7.
Adopted by the City Council of the City of Orono, Minnesota at a regular
• meeting held this 13th day of April, 1998.
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� ATTEST:
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Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
STATE OF MINNESOTA ) �.
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of April,
1998, 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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�°:��.�.�:..�-�.� �- ��:.�;� /)iy.�i�(_1T.� i �J
_-=R CAROLE A.HASEMAN
� ,�,�;; � No ary Public �
;y , ,�.�.�� NOTARY PUBUC-MINNESOTA
•,�;!'-�-� HENNEPIN COUNTY
'� e'�°� My Commission Expires Jan.31,2000
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