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RESOLUTION #
STATE OF NIINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on April 12, 1999 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 19th day of
April , 19 99 .
Linda S. Vee, City Clerk
(SEAL)
0 0'
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 42,
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19-21
FILE #2467
WHEREAS, Steve Bohl, Bohland Development, (hereinafter "the applicant") has
an interest in the property located at 8xx Brown Road South within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 1, Carriage Hill, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit to
allow for construction of a driveway to be located in King Street and shared with 775 Brown
Road South where grading is proposed within 5' of the property line per Section 10.03,
Subdivisions 19-21.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2467, a subdivision for property
located at 1025 Brown Road South known as "Carriage Hill."
2. The property is located in the RR-1B Rural Residential District.
3. The lot consists of 20.8 acres where 6.0 acres is dry buildable.
4. The proposed driveway is proposed to be shared with the adjacent northerly
property at 775 Brown Road South. No other residential lots shall be served by
the proposed driveway.
5. King Street is a platted, unopened public street.
Page 1 of 4
CITY of ORONO
RESOLUTION OF.THE CITY COUNCIL
NO. 42-6.8
6. The City Council finds that granting a conditional use permit to allow grading
within 5' of the property line will not be detrimental to the health, safety or
general welfare of the public, will not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will its use depreciate
surrounding property values and that the proposed level of use of the property will
be in keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
7. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicant and the affect of the proposed use on the health, safety, and welfare
of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21,
to permit grading within 5' of the property line, subject to the following conditions:
1. The proposed grading for the driveway may result in diversion of surface runoff
onto the northern property. Appropriate drainage rights must be secured from the
adjacent property owner.
2. The applicant should provide detailed information about the size and type of trees
that will be removed or affected by the development of the lot and construction
of the driveway.
3. The root zones of trees and woods to remain are to be fenced and maintained as
off limits to construction activities.
4. A field wetland delineation and survey shall be provided where the drive crosses.
A 26' wetland setback shall be maintained.
5. The applicant shall obtain the appropriate permits from the Minnehaha Creek
Watershed District (MCWD) and a land alteration permit from the City.
Page 2 of 4
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .428
Authorities granted by this resolution are permissive only and must be exercised
by application for a building permit within one year of the date of Council
approval or this conditional use permit will expire on that date (April 12, 2000).
7 Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, successors and assigns, hereby
agrees to the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 12th day of April, 1999.
ATTEST:
Linda S. Vee, City Clerk
Property Owner(s)
STATE OF NUNNESOTA
ss.
COUNTY OF HENNEPIN
Gabri 7abbour, Ma r
The foregoing instrument was acknowledged before me on this 12th day of April,
1999, by Gabriel 7abbour and 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.
•� � ; MARY ANN JO WON
e^+ NOTARY PUBLIC-MINNESOTA 4
MY Commission Expims Jan. 31, 20MO0
Page 3 of 4
lMA
ffllwwoo I
• `1d it
0 0
SH
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN }
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 2 6% ;;
On this -5—M day of , 199 ? before me a Notary Public within
and for said county, personally appeared ski
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON
. � NOTARY PUBLIC-MINNESOTA ;r
IUtyy Commission Expires Jan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 4 of 4
TO: Paul Weinberger, Assistant Zoning Administrator
FROM: Stephen Weckman, On -Site Systems Manager
DATE: May 6, 1999
SUBJECT: Septic Review for Application #2467, Steve Bohl - Final Plat
The proposed six lot subdivision includes septic system testing for two drainfields on each lot. The
soil testing and septic system design completed by Westwood Professional Services dated April 21,
1999 has been approved.
Based on the above information, staff would recommend approval of the application.
City Orono
P.O. Boxof 66
( 2)4173-�
�jstal Ba MN 55323
7s l
04/27/99
Customs: bohland
PARK DEDICATION FEE -
1 @ 29400.00
SUBTOTAL
TAX
TOTAL SALE
Check Received
CLERK# 06 TWO
0.35:57
rt.0 1+
29,400.00
0.00
2: 0
0
City of Orono
P.D. Bax 66
Crystal Bay, MN 55323
(a2)473-7357
04/27/99
Customer: gland
FILING FEES/PLAT REV
I @ 400.00
SUBTOTAL
Uix
TOTAL SALE
Check Received
0.00
12�36:47
D
CLERK# 06 TRAM MM
400.00
400.00
0.00
400.OD
400.00
1.7
ORONO PLANNING COMMISSION
MINUTES FOR MARCH 15,1999
(92466 James Renckens, continued)
drainage plan. This approval is based on the understanding that if the septic system is
not approved, then this application will be denied. VOTE: Ayes 5, Nays 0.
(#10) #2467 BOHLAND DEVELOPMENT, HAVING AN INTEREST IN 1025 BROWN ROAD
SOUTH, CLASS III SUBDPASION,10:28 P.M. -11:02 P.M.
Steve Bohland, Bohland Development, was present.
Van Zomeren stated the Applicant is proposing to subdivide a 45.1 acre parcel lying between
Willow Drive South and Brown Road South into six parcels for a single family residential
development. This parcel Is currently zoned RR-1 B, One Family Rural Residential, with a two
acre minimum requirement.
Van Zomeren commented that the wetland setback is an issue and may require a variance to grade
or fill within 26 feet of the wetland. The subdivision will also require a conditional use permit for,.
grading within five feet of the property line to create a driveway for Lot 1.
Currently there are three tax parcels on this property, with a 50 by 200 foot. strip of wetland along
the east property line of the proposed subdivision being tax -forfeited in 1982 to the State of
Minnesota. It was subsequently conveyed to the City of Orono for drainage purposes. Van Zomeren
commented that City Staff does not feel this land is needed by the City and the parcel could be
made available to the Applicant with the entire wetland area west of Brown Road South being
Included in. a conservation and flowage easement agreement.
Van Zomeren indicated that Lot 1 is the largest parcel with 20.8 acres total, with 5.7 acres dry
buildable. Access is being proposed off of Fling Street, which will prevent this lot from being further
subdivided. Lot 2 is a 9.3 acre parcel with 3.6 acres dry buildable; Lot 3 is 4.4 acres with 2 acres
dry buildable; Lot 4 is technically considered a through lot because, it has potential access from
Brown Road; Lot 5 is proposed to be 2.4 acres with 2 acres dry buildable; and Lot 6 is proposed to
be two acres of dry buildable land. In this proposal Lots 2, 3, 4, 5, and 6 will all have access off of
a new private road from Willow Drive South. Lots 2, 5, and 8 have frontage on Willow Drive and
access will not be allowed from these lots directly to Willow Drive. Lots 1 and 4 also have possible
access to Brown Road, with Lot 4 not being allowed to have a driveway curb cut on Brown Road.
Access to Lot 1 shall be from King Street.
Van Zomeren stated the issues left to be resolved include the number of outiots that should be
created, curb cuts, the stormwater management plan, and septic.
Chair Smith inquired whether this was a sketch plan or a formal application before the Planning
Commission.
Van Zomeren stated this Is a formal application and that a sketch plan review was previously held
on this development.
McMillan stated she has concerns regarding access off of King Street and that it might be more
appropriate to have an arrangement with the adjoining neighbor regarding access.
Van Zomeren commented that the proposed preliminary plat has been sent to Wally Case, DSU
landscape architect, for his review. The Park Commission had requested land for a buffer strip
along Willow Drive to plant trees for screening of the houses from the road. However, Staff does not
recommend that the City accept land for tree planting, because the subdivision ordinance does
Page 16
ORONO PLANNING COMMISSION
MINUTES FOR MARCH 15,1999
(#2466 James Renckens, continued)
Carlson commented he does not prefer the plan that is being proposed by Renckens, and the
City needs to look at a long-range plan for ponding and roadways.
Winston remarked that the. minutes reflect that the subdivider is responsible for access, .and in his'
view the access to Carlson's northern property next to Highway 1.2 will ultimately come out to -Crystal
Bay Road.
Carlson stated It is doubtful that a road will be able to be constructed along the northerly portion of
the lot.
Van Zomeren stated the septic site is 58 feet from the stormwater management pond where the
requirement Is 75 feet, and 13 feet from the driveway where the requirement is 20 feet. The
southwest comer of the septic site is approximately three feet from the property line. The driveway
needs to be located ten feet from the Crystal Creek subdivision and ten feet from the front lot and
be located in the middle of the lot, which would leave it 13 feet from the septic site.
Post stated that Weckman had mentioned that the septic site could be slightly altered.
Smith remarked that the septic site will need to be reviewed by City Staff.
Gaffron stated the comprehensive plan and City's actions and policies are centered around
corridors for future connection of roadways. Gaffron stated it has been City's Staffs view that it is
good planning to place a roadway across the northern portion of this property and that the Planning
Commission could mandate that as part of the approval process.
Van Zomeren commented it is presently platted as a flag lot, arid Orono's subdivision ordinance
says that it should be platted as an outiot. The outiot access can be platted at 30 feet since it will
serve as a driveway for potentially one or two residences.
Schroeder remarked that the northern 50 foot outlot extending the road should be platted even if it is
not going to be built at this time, noting that the City's map shows all kinds of platted roads that are
not presently constructed.
Schroeder stated he would be willing to keep the access at 30 feet to accommodate the septic site
and that now is the time to plat the access.
Hawn commented she has a problem with granting variances to septic systems in a new
development.
Gaffron stated the septic inspector is authorized to grant an administrative variance if he determines
it to be appropriate.
Steve Koehler, a resident in Crystal Creek Subdivision, commented he is in favor of this proposal
and would rather not see the back lot served by Crystal Creek Road. Koehler inquired whether the
minutes could reflect the Planning Commission's desire to have the second possible back lot
serviced from the 30 foot access road.
Smith commented in her opinion it is not up to this Planning Commission to determine that.
Schroeder moved, Lindquist seconded, to approve Application #2466, 3020 Watertown Road,
permitting a Class II.Subdivision as outlined in City Stafrs March 2,1999 memorandum,
subject to a 30 foot outlot being platted to permit access to the flat lot (Lot 2). and further
subject to City Staff review and approval of a satisfactory septic system and grading and
Page 15
ORONO PLANNING COMMISSION
MINUTES FOR MARCH 16,1999
(#24$7 Bohland Development, continued)
provide for the City to require buffering for shade trees every 40 feet. Van Zomeren stated Staff
would like to have the landscape architect offer suggestions on how this buffer could best be
achieved and meet the ordinance requirements as far as buffering; setbacks, and erosion control.
Bohland commented they are proposing to construct a 12 foot wide driveway.
Smith noted that a conditional use permit is required for grading within five feet of the property line
and that the septic sites for Lot 5 will require an administrative variance.
Van Zomeren stated that the septic site will be moved slightly which will eliminate the need for a
variance. The Applicant will be required to submit a grading and drainage plan for review and
approval by City Staff. The landscape architect commented that the southern part of the site, which
Is an open field with trees along the fence line, would be improved by the addition of shade trees.
Mr. Case also suggests that the rear yard of Lot 4 along Broom Road and both sides of
Carriage Road be planted with trees every 50 feet along the right-of-way.
Van Zomeren stated Lot 2, which is a flag lot, will require approximately 150 feet of driveway, and
Mr. Case has recommended that a buffer along that strip of driveway be considered.
Van Zomeren remarked that the issues before the Planning Commission are access off of King
Street, whether Lot 2 should be served by an outlot rather than a cul-de-sac, and then incorporation
of the City Engineer's comments as far as grading and drainage and utility easements are
concerned.
McMillan inquired what the grade of the proposed driveway would be off of Willow.
Bohland stated they are proposing a two percent grade down at the bottom and a 5.2 percent grade
to the site, with another two percent grade at the end of the cul-de-sac.
Van Zomeren stated that eight percent is preferred, but the City would allow a ten percent grade.
Bohland commented regarding the setback to the wetland, they are proposing to construct a
retaining wall in that area in order to meet the 26 feet setback requirement. Bohland stated there is
a 10 to 1 bench on the stormwater drainage pond.
Hawn Inquired whether the retaining wall near King Street will remain.
Bohland stated that retaining wall will remain. Bohland commented that putting two driveways
side by side for access is not desirable and a better approach might be to add on six to eight feet -to
the driveway and then split the road where the topography begins to drop down, which should
provide safe access out to Brawn Road.
Hawn inquired whether the driveway would be narrowed after the split.
Bohland stated the driveway would be narrowed down to approximately 12 feet wide after the split,
which should allow passage for two cars.
Hawn Inquired how long the driveway will be after it is split until it winds up at the residence.
Bohland stated he would guess approximately 300 feet.
Smith stated the issues before the Planning Commission are a conditional use permit for grading
Page 17
ORONO PLANNING COMMISSION
MINUTES FOR MARCH 15,1999
02467 Bohland Development, continued)
within five feet of the property line to create a driveway for Lot 1, a variance to grade within 26 feet
of the wetland, and a variance to the septic sites on Lot 5.
Van Zomeren remarked that what_the:developer is noww proposing will not require a,vartance to the
wetland setback or to the septic sides for lot 5.
Lindquist inquired whether the Planning Commission needs to determine which is the front lot and
which is the back lot for Lot 2.
Gaffron remarked that the line that says Outlot B, that is the front yard setback, but Staff would
rather have it designated it as a side yard.
Van Zomeren Inquired whether the outlot Is acceptable off of the cul-de-sac to serve Lot 2.
It was the consensus of the Planning Commission that the outiot would be acceptable.
There were no public comments.
Lindquist moved, McMillan seconded, to recommend approval of Application #2467,1025
Brown Road South, Class III Subdivision, to allow a conditional use permit for grading within
five feet of the property line, to identify a front loVback lot on Lot 2 as shown in the diagram,
subject to the recommendations outlined in the Landscape Architect's memorandum of
March 14,1999, and further subject to the right-of-way being from Brown Road south to King
Street, and access for Lots 5 and 6 be prior to the cul-de-sac. VOTE: Ayes 5, Nays 0.'
(#11 ) #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH SHORE DRIVE -VARIANCES,
11:03 p.m. -11:37 p.m.
Bruce and Betsy Nusbaum, Applicants, were present
Weinberger stated the Applicants are proposing to remove the existing residence located on the lot
and construct a two-story house. The existing residence Is a non -conforming structure as it is
located on an undersized lot and encroaches into the required side yard setback. The house is
located on a lot line. The new proposed structure would be placed to meet all required setback.
Weinberger commented this property is located in the LR-1C. district, One Family Lakeshore
Residential District, which has a minimum of half an acre. This lot is comprised of approximately
.22 acres.
Weinberger stated at the rear of the property line there Is located a two -car garage with an
attached lean-to structure. The Applicants are proposing to retain that existing structure. Typically
the zoning code does not allow any accessory structures to remain on a lot without a principal
building, and the Applicants are requesting a variance to allow this structure to remain on the
property during construction.
Weinberger remarked the proposed addition would raise the total structure above the allowed
coverage for the lot for a total of 20.49 percent. The zoning code presently allows a maximum of
15 percent in structural coverage. Currently existing on the property is hardcover in the amount of
2,965 square feet, or 45 percent, and this proposal will reduce hardcover to 2,247 square feet, which
is a significant reduction in hardcover but the structural coverage will increase on the property.
Page 18
ORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 12,1999
(#9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued
Flint asked for Barrett's opinion on amending the outlot requirements and grant a variance
for a flag lot.
Barrett said the Council can amend the resolution, create a flag lot and grant a variance. He
said the variance would require two -votes out of three.
Flint moved, Kelley seconded, a motion to approve Application #2466, 3020 Watertown
Road, without the 30' outlot on the southwest corner and granting a variance to allow
access to Lot 1 without the 30' outlot. VOTE: Ayes 2, Nays 1. Sansevere opposed.
Jabbour abstained.
(910) #2467 Bohland Development, having an interest in 1025 Brown Road South - 6
Lot Preliminary Subdivision - Resolutions 4267 and 4268
Steve Bohl, applicant, was present.
Weinberger presented the staff report. He said the applicant is proposing to subdivide the
property located at 1025 South Brown Road into six residential lots. Five of the lots would be
served by a cul-de-sac and one lot would be served oil from Brown Road. The applicant is
requesting preliminary. plat approval and a Conditional Use Permit to allow grading within
five feet of a lot line for a driveway for Lot 1. The neighbors have agreed to the shared
driveway for Lot 1. Weinberger said this is a 45-acre site located in the two -acre rural
residential zoning district. Approximately 50% of the site is wetland. One back lot would be
created with access by an outlot. Lots 2 through 6 would have access through Carriage Lane.
A NURP pond will be constructed less than 20' from a lot line. Staff does not object to this
since the adjacent properties are served with sanitary sewer. Suitable septic sites have been
found on all six lots. The City Engineer has reviewed the grading and drainage plans and they
are acceptable. Staff recommends that the City place drainage and conservation easements
over the pond and the wetlands. He said the applicant has agreed to the easements.
Steve Bohl said he has submitted an application to the Minnehaha Creek Watershed District
for their review. He asked if he would be able to include the 50' x 200' tax -forfeited parcel
next to South Brown Road. He has a buyer for that parcel.
Jabbour asked staff if a vacation hearing would be necessary.
Barrett said the parcel would have to be given back to Hennepin County, offered to other
public entities and then Mr. Bohl could purchase the property.
Kelley said he would be in favor of the applicant obtaining the tax -forfeited property.
Scott Winston stated he is the possible buyer of the tax -forfeited property. He asked about the
process on obtaining the tax -forfeited parcel.
Page 16
ORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 12,1999
(#I0) #2467Bohland Development, having an interest in I025 Brown Road South -
Continued
Jabbour said the City would have to say the land is no longer needed for a public purpose.
Hennepin County offered the property and the City -accepted it. The City would have to give
the property back to Hennepin County and the Countywould-have to start the process over,
again. If no public entities would want the property, it could be offered for sale in a'bidding
process. Jabbour asked if Winston could be given preference for the sale of the land.
Gaffron said the City could place a restriction on it, that it would be for sale only to adjacent
property owners.
Moorse said there should be a condition that the City would get a conservation easement over
the land because it is wetland.
Winston asked what the cost would be.
Weinberger stated that the minimum bid is about $500.
Bohl said he is concerned about the Park Commission's request for a 50' strip of land along
Willow. He would prefer to leave the landscaping for that area up to the future homeowners.
He said he has incorporated the recommendations from the Landscape Architect to include
trees along Willow Drive and up Carriage Lane: Bohl said -he does not understand why he
would need to offer a piece of the property to the Park Commission when he is going to
include the tree requirement and pay a $29,000 park dedication fee.
Jabbour said if the City acquires a piece of land from Bohl, the value would have to be
deducted out of the park dedication fee. Jabbour asked if taking the 50' strip would affect the
size of the lots.
Weinberger said a park dedication of a 50' strip would have an affect because the lots are
very close to the minimum size required by the subdivision code. It would cause the loss of at
least one lot.
Flint asked if a conservation easement would have the same affect.
Weinberger said an easement would not affect the size of the lots.
Andrew McDermott said the Park Commission would prefer a conservation easement. He
said the Park Commission did not realize the T URP pond would be located so close to
Willow and that would satisfy some of the need in that area because it would be a natural
looking area right next to the street.
Kelley said if a sewer system fails and they need more land, they couldn't go into the
conservation easement for a septic site.
Page 17
ORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 12,1999
(#I0) #2467 Bohland Development, having an interest in 1025 Brown Road South -
Continued
Jabbour said a conservation easement would require that the land be left intact.
Flint said a conservation easement can be. negotiated and_it could incorporate the landscape
plea. - -
Kelley said he would prefer to have the park dedication fee rather than the land.
McDermott said that when the Park Commission voted on it, they thought there would be a
slight reduction of the park dedication fee for the land.
Flint said that if the developer would rather that the City take an easement rather than the fee,
then the value of the land would have to be negotiated. He said he is not convinced that an
easement is needed.
McDermott said the Park Commission wants to maintain the rural look with a vegetative
buffer.
Jabbour asked if the Council members want the park dedication fee or the easement.
Kelley said he wants the City to have the park dedication fee.
Sansevere agreed.
Flint said he is not convinced that the City needs an easement.
Bohl said he has talked with the adjoining property owners and they have agreed to do a
driveway maintenance agreement for access to Lot 1. He has met with another neighbor to
resolve a property line issue.
Kelley moved, Sansevere seconded, a motion to approve Application #2467, Resolution
No. 4267 Granting Preliminary Approval for a Plat at 1025 Brown Road South with the
park dedication -fee to be paid in cash. VOTE: Ayes 4, Nays 0.
Kelley moved, Sansevere seconded, a motion to approve Application #2467, Resolution
No. 4269 Granting a Conditional Use Permit Per Municipal Zoning Code Section 10.03,
Subdivision 19-21. VOTE: Ayes 4, Nays 0.
Page 18
ORONO CITY COUNCIL. MEETING
MINUTES FOR APREL 12,1999
(011) #2471 Independent School District #278, 685 Old Crystal Day Road North
Jay Pomeroy, AJA, Inc., Neal Lawson, Assistant Superintendent, and Scott McQueen, Wold
Architects, were present.
Weinberger presented .the staff. report. He -stated that the Orono. School District has applied .
for a Conditional Use Permit for the construction of it new middle school. They have also
applied for a Conditional Use Permit Amendment and Variances in order to allow a parking
lot to be located within the front yard setback across the street at the High School. The
Conditional Use Permit to construct the new middle school would be to serve 675 students.
The site is currently divided into four parcels with an outlot that goes down the center of the
property. The Planning Commission and staff recommend that the outlot be vacated as it is
part of the school district's property. He said the parking would be located in the front with a
drive for picking students up. There is an additional parking area that would be used for bus
loading and unloading. He said the parking is sufficient for the size of the school. He said
there is an issue with the slope of the parking lot. The School District proposes a 5% slope,
but the Public Services Director and the City's landscape architect consultant recommend
4%. The 5% slope does meet the requirements for parking lots and it meets the requirements
of the Americans for Disabilities Act.
Weinberger said the City Council needs to review the lighting plan and discuss the height for
the lighting standards, the cutoff angle and the amount of illumination measured in foot-
candles. He said the School is proposing 35' poles. Shorter -poles may not provide the
necessary coverage.
Weinberger said the applicant has not provided a signage plan. The height of the school is an
issue. He said the zoning code allows a 30' taIl structure. The new middle school measures
42' in height, so it would require a variance for building height.
Weinberger said there is an issue with pedestrian traffic because the gymnasium will be
located in the middle school and students will be crossing Old Crystal Bay Road. Staff and
the Planning Commission have recommended the installation of a pedestrian crossing light.
Weinberger stated that the site is located within the MUSA. The sewer and water connection
charge would be $9,31.0 per unit with a sewer availability charge of another S1,050 per unit.
There would be standard drainage and conservation easements taken over those areas on the
property as well as a 20' utility easement near a future water main extension.
Weinberger said the City Council will need to discuss the need for a letter of credit at 150%
for the site improvements such as utilities, landscaping, and other issues. He stated that the
Planning Commission and staff recommend approval of the plan.
Jabbour stated he does not feel a letter of credit is appropriate.
Kelley said he feels the School District should provide a letter of credit.
Page 19
TO: Chair Smith and Orono Planning Commissioners
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
RE: #2467 Bohland Development, having an interest in
1025 Brown Road South (PID# 10-117-23-24-0001)
Class III Preliminary Plat Subdivision --Public Hearing
Exhibits:
A
B
C
D
E
F
Zoning: RR-1B
Application
Plat map
Owner's list
Zoning map
Section Map
City Engineer's report
(BLUEPRINTS)
Comprehensive Plan:
G
Water Quality review
H
Septic Report
I
Topo Map
J
MUSA map
K
Webber Hills project map
L
Preliminary Plat drawings
One Family Rural Residential District (2 acres, unsewered)
Rural Residential
Application: The applicant is proposing to subdivide a 45.1 acre parcel lying between Willow
Drive South and Brown Road South into 6 parcels for single family residential
development. The parcel is located outside of the Metropolitan Urban Service Area
(MUSA) and is planned for rural residential development at 2 acres, according to the
Comprehensive Plan.
The subdivision will require a conditional use permit for grading within 5' of the
property line to create a driveway for Lot 1 and may also require a
variance to grade/fill within 26' of the wetland. The septic sites for Lot 5 may require
a variance from the 75' setback from the NURP pond.
This application will also require the dedication of right-of-way for Brown Road
South and Willow Drive South. The subdivision is also subject to drainage, flowage
and conservation easements for the wetlands. A park dedication fee will also be
required.
#2467 Bohland Development
Class III Subdivision
PC--3115199
page-1
111 af-Y0191 J M C41M] V43_a_ 7
The proposed subdivision is bordered by Willow Drive South and Brown Road South. The parcel
is 45.1 acres with 23 acres of wetland in the middle of the site. The parcel is located partially within
1 000'of Long Lake Creek and within 1000' of French Lake. The surrounding area is fully developed
with single family homes that were constructed during the 1900's through the 1950's.
TOPOGRAPHY
The wetland area in the middle section of the parcel has an elevation below 932. The area north of
the wetland rises from 932 to 959.2 at its highest elevation. The southern portion of the parcel rises
from the 932 elevation to a high point of 967.2. Both the north and south areas drain into the
wetland. The southern portion of the parcel has been used for agricultural purposes and is
characteristic of a field. The northern portion of the parcel is heavily wooded.
ZONING
The parcel is zoned RR- 1B, Rural Residential District. The minimum lot area requirement is 2
acres. The minimum setback requirements are noted in the table below.
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Side
Adjacent to
Street
2 acres, dry
200'
50'
50'
30'
50'
buildable
Wetland Setback
No building, excavation or grading or filling is allowed in or within 26' of the wetlands. The
proposed grading for the driveway to Lot 1 appears to encroach into this required setback.
Septic Setback
The minimum setback requirements for septic systems is 75' from wetlands and water supply wells.
Septic systems shall be a minimum of 20' from hardcover surfaces, property lines, buildings and
buried pipes.
The proposed septic sites for Lot 5 are too close to the NURP pond. The septic sites should be 75'
from the NURP pond.
#2467 Bohland Development
Class III Subdivision
PC-3115199
page--2
PARCEL INFORMATION
Property Identification:
The subdivision includes the following parcels:
38 10-117-23 210001
38 10-117-23 210007
39-10-117-23 24 0001
The above parcels are under the ownership of E.S. Borman and J.E. Corwin. Julius Hendel is listed
as the taxpayer. The tax data indicates that it has been previously taxed as vacant residential land.
Exception:
A 50' by 200' strip of wetland is shown as an exception along the east property line of the proposed
subdivision. This parcel of land was tax -forfeited in 1982 to the State of Minnesota. It was
conveyed to the City of Orono for drainage purposes. Greg Gappa, Public Services Director, has
indicated that it is not needed by the City. If the City made this parcel available to the applicant, the
entire wetland area west of Brown Road South could be included in a conservation and flowage
easement agreement.
LOT INFORMATION
Proposed Lots:
Lot
Total
Dry
1
20.8 acres
5.7 acres
2
9.3 acres
3.6 acres
3
4.4 acres
2 acres
4
2.3 acres
2 acres
5
2.4 acres
2 acres
6
2 acres
2 acres
#2467 Bohland Development
Class IN Subdivision
PC-3115199
page-3
Lot Area:
45.1 acres
Wetlands:
23.4 acres
NURP:
.4 acres
Net Dry Buildable Area:
21.3 acres
The proposed subdivision creates six lots that meet the minimum lot area requirements of 2 acres
of dry buildable land.
Lot 1
Lot 1 is the largest parcel with 20.8 acres total with 5.7 acres dry buildable. Due to the configuration
of Lot 1 and access from King Street, Lot 1 may not be -further subdivided. A portion of Lot 1 is
located within 1000' of Long Lake Creek. This part of the lot is sub j ect to hardcover requirements.
No more than 35% of the lot area in this setback from Long Lake Creek may be hardcover. Access
to Lot 1 is proposed by constructing a private driveway in King Street. The City Engineer questions
whether two separate driveways should be allowed next to each other instead of a shared driveway.
The amount of grading to install a driveway also requires review by MCWD because there may be
an impact on the wetland. Construction easements and retaining walls may also be necessary.
Because this is not ordinary and customary grading next to a property line, a conditional use permit
in addition to a land alteration permit will be necessary.
Lot 2
Lot 2 is a 9.3 acre parcel with 3.6 acres dry buildable. The proposed lot could not be further
subdivided. The lot will have frontage on Willow Drive, however, access shall not be allowed via
Willow Drive. Therefore, the setback from Willow Drive should be considered a side yard adjacent
to street. The proposed subdivision indicates that this lot will be served by an outlot (148' x 30') from
the cul-de-sac. The City Engineer recommends that the City discuss whether this is acceptable. The
odd shaped lot creates a problem for determining how to define the yards and corresponding
setbacks. Should this lot be considered a backlot because it is behind the existing residence on
Willow Drive and served via an outlot from the cul-de-sac? Septic sites on this lot will need to be
at least 75' from the wetland.
Lot 3
Lot 3 is 4.4 acres with 2 acres dry buildable. This lot cannot be further subdivided. It is proposed
to be served by the cul-de-sac. The septic sites need to be 20' from the property lines and 75' from
the wetland. The outlot that provides access to Lot 2 will require that a 50' setback be provided next
to the outlot.
#2467 Bohland Development
Class III Subdivision
PC-3115199
page-4
Lot 4
Lot 4 is an odd -shaped lot that is technically considered a through lot because it has potential access
from Brown Road. This lot also surrounds the exception that should be sold to the developer and
included in the lot. Lot 4 is proposed to be served by the cul-de-sac. The final resolution should
state that no access will be allowed from Brown Road.
Lot 5
Lot 5 is proposed to be 2.4 acres with 2 acres dry buildable. This lot is proposed to have the NURP
pond. It is also proposed to be served by the cul-de-sac even though it has potential access from both
Willow Drive and the private road, "Carriage Lane". Access shall be prohibited from Willow Drive
and the driveway for this lot shall be from Carriage Lane, not the cul-de-sac.
Lot 6
Lot 6 is proposed to be 2 acres of dry buildable land. This lot has frontage on Willow Drive and
Carriage Lane. The driveway is proposed from the cul-de-sac. The driveway shall be installed from
Carriage Lane and access from Willow Drive shall be prohibited. This lot will be subject to two side
yard adjacent to street setbacks, from Willow Drive and the outloticul-de-sac. The septic sites need
to be at least 20' from the property lines.
ACCESS
The subdivider proposes access for Lot 1 to be provided via a driveway in King Street. King Street
is platted as a dead end street. Currently there is a driveway in King Street that serves 775 Brown
Road South (Simpson residence). The subdivider is proposing to construct a driveway next to the
existing driveway. The City Engineer has raised concerns about this proposal. (See Exhibit F).
The other five lots are proposed to be served by a private road, "Carriage Hill Lane", from Willow
Drive South. Lots 2, 5, and 6 have frontage on Willow Drive, however, access shall not be allowed
from these lots directly to Willow Drive. Lots 1 and 4 also have possible access to Brown Road.
Access to Lot 1 shall be from King Street and Lot 4 shall not be allowed to have a driveway curb
cut on Brown Road.
The subdivider has shown Lots 3, 4, 5, and 6 as having driveways from the cul-de-sac. Lots 5 and
6 should be served from Carriage Hill Lane. Lot 2 is proposed to have access from an outlot platted
at 148' in length and 30' in width. The City Engineer has concerns about an outlot being platted from
the cul-de-sac.
#2467 Bohland Development
Class III Subdivision
PC--3/15/99
page--5
Carriage Hill Lane shall be platted at a 50' right-of-way with a paved width of 24'. The length of the
private road is approximately 350' from Willow Drive South to the center of the cul-de-sac in
conformance with the subdivision requirements.
STORMWATER MANAGEMENT
The subdivider has proposed a NURP pond in the corner of Lot 5. The proposed location of the
NURP pond is too close to the property line. It should be at least 55' from the property line so that
a septic site on the adjacent property could be located 20' from the property line without requiring
a variance. Allowing the NURP pond to be located on or adjacent to the property line impacts the
adjacent property's ability to locate a septic site in the future. The NURP pond is also too close to
the septic sites for Lot 5 and does not have an adequate bench of 10:1. Septic sites are required to
be at least 75' from a wetland or pond.
The City Engineer has recommended that the storm sewer be constructed to route storm flows from
the street to the pond. All storm pipes are recommended to be reinforced concrete pipes instead of
corrugated metal pipes. The pond needs to have an outlet structure that provides 1' of skimming to
remove floatables and debris. Permanent erosion control should be installed downstream from the
pond to prevent sedimentation into French Lake.
SEPTIC SYSTEMS
The parcel is not within the MUSA line. The Crystal Bay sewer project is to the south of the
proposed subdivision. The Webber Hills sanitary sewer project is proposed for the area to the north
of this subdivision. On -site septic systems are proposed for this development. The septic sites are
required to be 75' from the wetlands and NURP pond and at least 20' from property lines and
hardcover.
Staff has not been able to verify the septic information because the ground is still frozen. This
preliminary plat shall not move forward until Steve Weckman, On -Site Septic Systems Manager,
has been able to approve each proposed primary and secondary site.
Any site that does not meet the City's requirements may require that the preliminary plat and
proposed lots lines and ponding area be revised.
DEDICATIONS
The subdivider shall be required to dedicate 33' of right-of-way for Brown Road (County Road 146)
and 66' of right-of-way for Willow Drive. This will leave Outlot A separated from the proposed
#2467 Bohland Development
Class III Subdivision
PC--3/15/99
page-4
subdivision. Outlot A should be made available to the abuttting property at 845 Willow Drive
South for legal access.
EASEMENTS
The subdivider shall provide standard drainage and utility easements along interior and exterior
property lines (5' interior and 10' exterior). The subdivider shall also provide drainage, conservation
and flowage easements across the wetland. Road and utility easements and maintenance agreements
will be required for the private road, Carriage Hill Lane.
VEGETATION MAP
The subdivision ordinance provides in Section 11.60 for the preservation of natural features and
amenities. The subdivider shall provide a vegetation map that shows the number and location of
existing trees on site to be preserved. The ordinance provides that the City may require the
subdivider to provide shade trees along the perimeter of the subdivision; one shade tree may be
planted every 40 feet. The proposed preliminary plat has been sent to Wally Case, DSU landscape
architect for review. His comments will be provided at the Planning Commission meeting.
The Park Commission reviewed the proposed preliminary plat at their March meeting and requested
land for a buffer strip along Willow Drive to plant trees for screening of the houses from the road.
However, staff does not recommend that the City accept land for tree planting. Stab prefers to wait
for the landscape architect's recommendation for screening and buffering in accordance with the
subdivision ordinance.
STAFF RECOMMENDATION
To review and discuss:
1. King Street and proposed driveway, grading, filling and conditional use permit
2. Lot configuration and setbacks
3. Proposed access, driveways and outlot
4. Septic sites and setbacks from NURP pond
5. Design and setback for NURP pond
6. Vegetation and landscaping
7. Outlot A and exception area
92467 Bohland Development
Class Ill Subdivision
PC-3115199
page-7
Date of Application: 2/17M
Date Complete: 2/17/99
6o day limit: 4/17/99
REQUEST FOR COUNCIL ACTION
DATE:
ITEM NO.: / 0
Department Approval: Administrator Reviewed: Agenda Section:
Name Liz Van Zomeren Zoning
Title City Planner
Item Description: #2467 Steve Bohl/Bohland Development
1025 Brown Road South
Class III Preliminary Plat--6 lot subdivision
Zoning District: RR-1B One Family Rural Residential District (2 acres)
Lot Area: 45.13 acres
Application: The applicant is proposing to subdivide the property located at 1025 South Brown
Road into six (6) residential lots. The Comprehensive Plan designates this area as Rural
Residential. It is located outside of the Metropolitan Urban Service Area (MUSA). The
properties to the south are sewered and a sewer project is planned for the properties directly to
the north.
There are several issues with the application as follows:
1. The dedication of right-of-way for South Brown Road and Willow Drive South;
2. The 50' x 200' tax -forfeited parcel next to South Brown Road.
3. The parcel to be identified as Outlot.A across Willow Drive South to be
deeded to the adjacent property owner.
4. The grading for a driveway within 5' of the property line for Lot 1 requires
a conditional use permit.
The applicant has worked with staff to incorporate the City Engineer's, Landscape Architect's and
Planning Commission's comments. The blueprints that are included in the City Council's packets
include the latest revisions.
Date of Application: 2/17/99
Date Complete: 2/17/99
6o day limit: 4/ 17/99
PLANIV NG CONIMISSION RECOMMENDATION:
The Planning Commission recommended approval, subject to incorporation of the conditions in
the staff report.
COUNCIL ACTION REQUESTED:
To discuss the tax -forfeited parcel for inclusion in Lot 4 and provide direction to staff. To review
the two resolutions, one for the preliminary plat, and one for the conditional use permit for
grading the driveway for Lot 1 and amend or adopt the resolutions.
Attachments
RESOLUTIONS
A Letter from applicant
B Notice of PC action
C Staff drawing of Planning Commission's comments
D Memo from Landscape Architect
E Memo from Westwood Engineering re: Wetland delineation
F Staff report to PC dated March 15, 1999 (see staff report for list of exhibits)
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A RESOLUTION GRANTING PRELIMINARY
APPROVAL FOR A PLAT AT 1025 BROWN ROAD SOUTH
- FILE NO.2467
WHEREAS, Steve Bohl on behalf of Bohland Development (hereinafter the
"developer") on February 17, 1999, filed a formal subdivision application with the City for approval
of a six (6) lot residential plat of property legally described as:
Exhibit A attached, Hennepin County, Minnesota (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 March 15,
1999, 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 12, 1999, the Orono City
Council considered the subdivision application of Steve Bohl/Bohland Development, noting the
following findings of fact:
1. The property is located in the RR-1B Single Family Rural Residential Zoning
District requiring a minimum of two (2) acres of contiguous dry buildable land
within each newly created lot.
2. The Comprehensive Plan designates this area as "Rural
Residential."
3. The site data is:
Acres
Sq. Ft.
Site Area
45.1
1,965,764.6
Wetlands
23.0
992,224.8
Pond
0.4
17,037.0
Net Area
22.0
956,502.2
The wetland is a Type 2 and Type 3 marsh, designated "PEMC" for palustrine,
emergent on the National Wetland Inventory Map.
Page 1 of 8
4. The site will drain west under Willow Drive South into the wetland surrounding
French Lake.
5. The lot area data is:
Total
Lot
Acres
Sq. Ft. _
Dry Acres
_ Sq.
1
20.8
903,071.4
6.0
2603180.5
2
9.3
406,070.3
3.6
157,146.2
3
4.4
190,102.3
2.0
87,219.5
4
2.3
101,430.4
2.0
88,536.3
5
2.4
106, 800.0
2.0
87, 762.5
6
2.0
87,134.8
2.0
87,134.8
Each lot meets the minimum lot area requirement. Lots 1, 2, 3, and 4 are
subject to a 26' wetland setback.
6. Lot 1 is proposed to have a driveway in King Street, a public street, to be
shared with the adjacent property located at 775 Brown Road South. Lot 1 will
have an address on Brown Road South. Part of Lot 1 is located within 1,000
feet of Long Lake Creek as noted on Sheet 5 of 8 dated 2--19-99, most revised
3-26-99 by Westwood Professional Services, Inc.
A conditional use permit is required for grading the driveway for Lot 1 within
5' of the property line.
7 Lot 2 is proposed to have access from Outlot B, a 30' outlot from the cul-de-sac
for proposed Carriage Lane. The front yard for Lot 2 will be along the
extension of the outlot as shown in Sheet 4 of 8 dated 2-18-99, most revised 3-
26-99. The lot line adjacent to Willow Drive South will be considered a side
yard adjacent to street. Lot 2 will not have access to Willow Drive South and
will not be considered a through lot. Part of the lot is located within the 1,000
feet setback from French Lake.
8. Lot 3 is proposed to have access from the proposed cul-de-sac for Carriage
Lane. Part of Lot 3 contains a wetland.
Page 2 of 8
9. Lot 4 is proposed to have access from the proposed cul-de-sac for Carriage
Lane. Lot 4 will not be considered a through lot and will not have access from
Brown Road South.
10. Lot 5 is proposed to have access from proposed Outlot C, "Carriage Lane." No
access will be provided from Willow Drive South. The property line along
Willow Drive South shall be considered a side yard adjacent to street. Lot 5
is proposed to have a stormwater management pond (NURP Pond).
11. Lot 6 is proposed to have access from Outlot C, "Carriage Lane." No access
will be provided from Willow Drive South. The property line adjacent to
Willow Drive South will be considered the side yard adjacent to street.
12. Outlot B shall serve Lot 2. The outlot shall be in the ownership of Lot 2.
13. Outlot C, "Carriage Lane," will serve Lots 2, 4, 5 and 6. Lot 3 will have
access to Outlot C, "Carriage Lane," via Outlot B. The subdivider shall be
required to execute covenants to define responsibility for construction and
maintenance of Outlot C, and to define future financial obligation for repair and
maintenance by a homeowner's association,
14. Right-of-way will be dedicated for 33' for Brown Road South and 66' for
Willow Drive South,
15. Outlot A may be deeded to the adjacent property owner at 845 Willow Drive
South.
16. The exception, Lot 10, Block 6, Minnetonka View (vacated), which was tax -
forfeited in 1982 and conveyed to the City of Orono may be sold to the
developer for inclusion in Lot 4. Drainage and utility easements shall be
provided.
17 The property is not located within the Metropolitan Urban Service Area
(MUSA). Lots 1-6 contain suitable septic sites for primary and alternate
drainfields to serve single family residences. Septic sites shall be located 75'
from water supply wells and wetlands. Also septic sites shall be located 20'
from impervious surfaces and property lines.
Page 3 of 8
18. Single family residences can be constructed on Lots 1-6 without further
variances.
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 for Bohland Development at 1025 Brown Road South per the plan set, Sheets
1-8, as prepared by Westwood Professional Services, Inc. dated 2-18-99 as revised, subject to
the following conditions:
1. Outlot B shall be owned by the owner of Lot 2. No access shall be provided
from Outlot B to Lot 3 or Lot 6. Outlot B shall be landscaped to provide
adequate screening from traffic on behalf of Lots 3 and 6. Lot 1 shall have
access to Brown Road South via a driveway in King Street. Lots 2-6 shall have
access to Willow Drive South via Carriage Lane.
2. Outlot C, "Carriage Lane" shall be platted at 50' right-of-way. The minimum
paved width shall be 24' rural section subdivision. The subdivider shall provide
an underlying road and utility easement over Outlot C. to the City.
3. Standard perimeter, drainage and utility easements shall be granted over the
entire plat (5' along interior lot lines, 10' along exterior).
4. Drainage and grading improvements to the property shall be constructed per the
drainage and grading plan approved by the City Engineer, subject to a
Developer's Agreement.
5. The subdivider shall grant conservation, drainage, and flowage easements over
the wetland and stormwater management pond.
6. Subdivider shall protect drainfield sites via fencing prior to construction of
driveways and drainage improvements and it shall remain in place until
construction is completed.
7 Subdivider shall dedicate 33' of right-of-way for Brown Road South and 66' of
right-of-way for Willow Drive South,
Page 4 of 8
8. Outlot A to be deeded to the adjacent property owner, 845 Willow Drive South.
9. Subdivider to pay the park dedication fee, as determined by the County
Assessor, per Section 11.62.
10. No building permits shall be issued until the construction of driveway and
drainage improvements is completed.
11. The subdivider shall obtain appropriate permits from Hennepin County and the
Minnehaha Creek Watershed District (MCWD). All areas within the county
right-of-way disturbed during construction shall be restored.
12. Trees shall be planted along Carriage Lane and Willow Drive South per the
plan, Sheet 8 of 8 dated 3-24-99.
13. Subdivider to provide a letter of credit for 150% of the site improvements based
on the City Engineer's estimate.
14. The City shall grant a conditional use permit for grading within 5' of the
property line for Lot 1 per Resolution #_
15. The subdivider is hereby advised that the preliminary subdivision approval will
expire within one year of the date of Council approval, April 12, 2000.
16. The subdivider is hereby advised that the City cannot grant final plat approval
until a permit from the MCWD has been approved for all grading and drainage
improvements.
FINAL PLAT SUBMITTALS
The following list of final submittals shall be submitted to the City two (2)
weeks prior to the regularly scheduled City Council meeting:
I. Record plat drawings in the form of two (2) mylar copies and one (1) copy
reduced to 1 --200'. Drawing to include:
Page 5 of 8
A. Lot lines per survey by Westwood Professional Services, Inc., Sheet 4
of 8, dated 2-18-95, most revised 3-26-99.
B. Dedication of all drainage, utility, conservation and flowage easements.
C. Dedication of 33' for Brown Road South and 66' for Willow Drive
South.
D. 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 shall provide certified copies of all recorded easements
currently affecting the property.
C. Signed and executed drainage, conservation and flowage easements.
D. Signed and executed Developer's Agreement and Letter of Credit.
E. Signed and executed Road and Utilities Easement over Outlot C.
F. Signed and executed covenants defining responsibility for construction
and maintenance for Outlot C, defining future financial obligations.
G. Completed application for private road name.
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 6 of 8
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 12th day of April, 1999.
ATTEST:
Linda S. Vee, City Clerk
STATE OF NIINNESOTA )
) ss,
COUNTY OF HENNEPIN )
Gabriel Jabbour, Mayor
The foregoing instrument was acknowledged before me on this 12th day of April,
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.
Notary Public
Page 7 of 8
EMBIT A
PROPOSED LE A►. LOESCRIPTION
That port of the Northeast Quarter of the Northwest Ouarter and Government Lot 6 in
Section 10. Township 117. Range 23. Hennepin County. Minnesota. described as follows:
Commencing at the northeast corner of said Government Lot 6; -thence South 00 degrees
04 minutes 55 seconds West; assumed bearing, along the east line of sold Government Lot
6. o distance of 61.43 feet to the actual point of beginning; thence North 00 degrees 04
minutes 55 seconds East. along the cast line of said Government Lot 6 and said Northeast
Quarter of the Northwest Quarter, a distance of 1336.12 feet to the intersection with the
easterly extension of the south line of King Street, as dedicated • on the plot of MINNECONKA
VIEW. according to the recorded plat thereof; thence North 89 degrees 41 minutes 50
seconds West. along said south line and said easterly extension. ' a distance of 173.00 feet:
thence'North 00 degrees 04 minutes 55 seconds East, parallel with said cast line of the
Northeast Quarter of the Northwest Quarter, a distance of 33.00 feet to 'the north line said
Northeast Quarter of the Northwest Quarter, thence North 89 degrees 41 minutes 50
seconds West, along said. north line a distance of 1154.93 feet to the northwest corner 'of
said Northeast Quarter of the Northwest Quarter, thence South 00 degrees OS minutes 30
seconds West. along the west line of said Northeast Quarter of the Northwest Quarter. a
distance of 622.71 feet to the north line of JOHNSTON'S FRENCH LAKE SECOND ADDITION.
according to the recorded plat thereof; thence South 89 degrees 42 minutes 52 seconds
East; along said north line. a distance of 37.26 feet to the northeast corner of said
JOHNSTON'S FRENCH LAKE SECOND ADDITION; thence South 02 degrees 05 minutes 33
seconds East, along the east line of said JOHNSTON'S FRENCH LAKE SECOND ADDITION, a
distance of 224.10 feet; thence southerly, continuing along sold cast line, along a tangential
curve. concave to the east. having a central angle of 26 degrees 30 minutes 01 seconds. a
radius of 669.62 feet, for an arc distance of 309.71 feet; thence South 54 degrees 45
minutes 18 seconds East. continuing along said east line, not tangent to the last described
curve, a. distance of 83.06 feet; thence South 35 degrees 36 minutes 55 seconds East.
continuing along said east line, a distance of 96.43 feet to the most easterly- corner .of said
JOHNSTON'S FRENCH LAKE SECOND ADDITION; thence North 53 degrees 30 minutes 36
seconds East; a distance of 243.02 feet; thence South 44 degrees 51 minutes '12 seconds
East. a distance of 248.84 feet; thence South 47 degrees 32 minutes 39 seconds West, a
distance of 284.00 feet to the center line of Willow Drive; thence South 35 degrees 40
:'minutes 44 seconds East, along said centerline a distance of 630.17 feet to a line that
bears South 41 degrees 04 minutes 55 seconds West • from the point of beginning: thence
North 41 degrees 04 minutes 55 seconds East, a distance of 833.84 feet to the point of
beginning.
Except .therefrom Loi 1C, Block 6, sold MINNETONKA VIEW
Page 8 or 8
Affidavit of Publication
C11Y. OF.PXWO
2750,44ftW +arkwa ,fO. Box 6
phon:' 9fax3 1i
NOTICE
The Orono City Council will hold a public
hearing in the Council Chambers at 2780
Kelley Parkway on Monday, April 12. 19M
beginning at 7:00 p.m. on the matter OF
application *24I 7. a proposed preliminary
plat for a 6 lot subdivision and a conditional
use permit for gradinglfilling to construct a
driveway for the proposed Lot 1. The
Proposed subdivision Is located at 102S
Brown Road south.
All persons wishing to be heard will be
heard at this tme. To review the application,
Please call 249-4600 for an appointment.
City of Orono
By: Planning Commission
Elizabeth Van Zome(en. City
Planner/Zoning Administrator
{Published in The Laker and Pioneer
March 27, 1999)
JRFC;r--V4r--D
BAR 91999
F{l)' i0
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed Application #2467
which is attached,was cut from the columns of said
newspaper, and was printed and published once
each week for 1 successive weeks:
It was first published Saturday
the 27 day of March
19 99 ,
and was thereafter printed and published every
Saturday, to and including Saturday,
the day of 19
uthorized Agent
Subscribed and sworn to me on this
27 March , 19 99
:day
By. AQ# - Public
KRISTI HOLM
+, NOTARY PUBLIC - MINNEBWA
uv CrM1zAWS^ION EXPIRES
hate In#orMilldh ,
(1) LOwest classified rate paid by commercial users
for comparable space: $12.90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90.
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
Affidavit of Publication
CITY OF ORONO
2760 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612) 249-4600 Fax (612)
249-4616
NOTICE
The Orono City Council will hold a public
hearing in the Council Chambers at 2780
Kelley Parkway on Monday. April 12. 1999.
beginning at 7:00 p.m. for the following land
use applic0ppo.,
1. #2467, Steve Bnhlhnd:; navme-a
interest m 1025 Brown1Aoad Soif:f ior,.k ra lot
preliminary plat subdivision and a conditional
use permit to construct a driveway on
proposed Lot 1.
2. 02471, Orono Independent Schaal
District #278, 800 Old Crystal Bay Road, for a
conditional use permit, vacation of
easements over an outbt, and land alteration
permit to fill wetlands and move 14,000 cubic
yards of fill to construct a new middle school
for 675 students in grades 6-8.
3. #2471, Orono Independent Schaal
District #278, 795 Old Crystal Say Road, for a
variance for a new circulation plan for bus
and vehicle parking areas to locate 40' from
the right-of-way.
All persons wishing to be heard will be
heard at this time. To review the application.
please call 249.4600 loran appointment.
Ciry of Orono
By: Planning Commission
Elizabeth Van Zomeren. City
Planner/Zoning Administrator
(Published In the Laker and Pioneer
March 27, 19991
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A,) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed Land Use Applications
which is attached,was cut from the columns of said
newspaper, and was printed and published once
each week for Y successive weeks:
It was first published Saturday
the 27 day of March 1999
and was thereafter printed and published every
Saturday, to and including Saturday,
the day .i
19
XuthTrffeWTe5n_t
Subscribed and sworn to me on this
27 day o March , 1g 99
By:
--Nor Public
sr°�TMfa KRISTIHOLM
'n NOTARY PUBLIC-IyrfNNEsorA
My COMMISSION EXPIRES
e Inf0WW- 2000
(1) Lowest classified rate paid by commercial users
for comparable space: $12.90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90,
(3) Hate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
CITY of ORONO
Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
Subdivision
Notice of Public Hearing
File #2467
Date: March 1, 1999
The City of Orono is required to send mailed notice to all property owners within 350'
of the property located at 1025 Brown Road. The property owner(s) have applied for
a preliminary plat for subdivision.
The Planning Commission will hold a pubic hearing on:
Monday, March 15,1999
at 6:30 p.m.
in the Council Chambers at 2780 Kelley Parkway in Orono.
Any party may appear at the hearing in person, by agent or attorney. A draft copy of
the Planning Commission agenda is enclosed. The Planning Commission is advisory
to the City Council.
For further information, please call Elizabeth Van Zomeren at 249-4623. The
proposed plans are available for review by appointment. Written comments may be
faxed to 249-4616.
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
Telephone (612) 473-7357 • FAX 473-0510
2750 ,cat ry of ORONO
Phonep$rkwai P.O. Box 66
may' UN._
i6142 ®24 96� FAx (6i2)
2Iris aeyrPlanning CorrytYrssion ling hold
780 Kelipa,e ccChambers at
1999, beginning at Bhp F1or�er March is,
M'L% lirrg the 1011mvi g land t ' miner of
rtorrfl Road. request aaai�rovat
Perry PIN for a 21ot of a
an interest in tone Z havkrg
"1I'le sW,ninary slat apro„a1 of a e lot
ml
S. 4246e Bruce
show Drive '"'4 3480 North
'n the
r rG s � ck avh ran&
1• #2444 errs. flea' oonstruon. - area variances for
act F(ra bqik, CrrWa, request
,
9• #2469 Steven and Jo W 660
fi.toAosuWoatl,
2r ids'
�
+nOronfloeorcha`° reanest ]�►d
a garage
William and Thai, ' behatf ot. • - * adcr�ti
Johnson, 650 ao Brysahl JBffleq ,q. •A •. ,' 10. #2471' 1
Island, BBO 670 and #278. $85 went School D'
request 6Biq Oftl
subdivision lot86
3 units
un- into 2 tax � 1 e 4 tax Aaroefs with
requests a Crystal Bay Road
i. of a�� o u�� it for
interest in M 8 ems• having an vid"LovP12cs.
area Island,
requests #2227 Cary tucker, $466 fry
variance tovarianm
kx a tat
to
d� for thg 1 1001 design toajbWale
1340 #2464 Jarnes'antl Kristine Houtrnan,
Paint• Lana,
area of the existin
10'sida y r� reS into the required
7R�est
request a
�, va►iance in the 0-76• setback
All persons
oreera
Yard ad ra to $treat a side
Ouraged to attgd th.Vadar)OD trroieefin heard era
also required to to Bart. A varianceand a h� ht
Lakeshore. a avaie within 75'
men whftn
the city O � � �Pians are ag6w* 1,
calf 24$-"a appoir
of the
please
Affidavit of Publication
State of Minnesota, County of Hennepin,
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE
K
, Mound
Minnesota, and has full knowledge of Rhe facts,
which are stated below:
A.) The newspaper has complied with all the
Cequirements constituting qualifications as a
qualified newspaper, as provided b
Statute 331A.02, 331A g7 Y Minnesota
laws, as amended. 'and other applicable
B•) The printed
S
S. #2465 R which is attached was cut from the columns of said
372 Westlake �t Enr� 96�{ and W. piann�ing
fearrarr , request a ens newspaper, and was printed and
�"1e1 Elizabeth published once
van zomera. each week for I
6• 02466 John winstoNJames � irk AdmkW U&r City � successive weeks:
Renckens, having an interest in 3020 Fe&(Published 11
27 19M The raker and Pioneer It was first published Saturday
the-22--day of Februar
and was thereafter printed and published every Saturday, to and including Saturday,
theme day of
19��
Au orized Agent
Subscribed and sworn to me on this
27 day of February
/ , 1 9 Qom_
J
By.
ary P4blic
KRiSTi HOLM
N07ARV pt)1kr • MINNESOrA
MY COMMISSION EXPIRES,
"'+ • JANUARY 31.2000
RECE$,Ve® (1) Lowest classified rate paid b
for comparable space: $12.90per inch.
users
MAR Q 1 (2) for
rate allowed by law for above matter: $12.9o,
1999 (3) Rate actually charged for above matter: $7.19 per inch.
CITY OF OR°ND Each additional successive week.. $5.14.
CERTIFICATE OF MAILING
STATE OF NIINNESOTA }
COUNTY OF HENNEPIN) ss.
CITY OF ORONO }
I, Mary Ann Johnson,of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #2467, was mailed to the
attached list of property owners.
1999.
In Witness Whereof, I have hereunto set my hand and seal this 1 st day of March,
L-
W. wme. 11011111.10)0�
Westwood Professional Services, Inc.
104 Marty Drive, Suite 3
Buffalo, MN 55313
Phone:612-682.2597
Fax:612-682-2639
Toll Free: 1-888-682-2587
Email: wpsgwestwoodps.tom
February 18, 1999
Elizabeth Van Zomeren
City Planner/Zoning Administrator
City of Orono
2750 Kelley Parkway
Post Office Box 66
Crystal Bay, MN 55323
RE: Carriage Hill, Project No. 98795
Dear Ms. Van Zomeren:
Please find enclosed 2 full size and one reduced 11"x17" plan set for review of the
stormwater management at Carriage Hill. Also enclosed is the relevant support data and
calculations for stormwater drainage, ponding, and routing for the development.
On behalf of the developer, Bohland Development Company, we respectfully request the
city's review and approval. Please feel free to call with any questions or comments you
may have at 612-682-2587. Thank you for your time and consideration.
Sincerely,
WESTWOOD PROFESSIONAL SERVICES, INC.
J son M. McCarty, E.I.T.
Enclosures
Cc: Steve Bohl, Bohland Development, Inc.
File 98795
Designing the Future Today since 1972
01999 Westwood Professional Servlcem, Inc
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These are only preliminary septic designs and should not be used
for final construction. The size of these systems cre based on
a type I five bedroom home with a flow of 750 gol.ons per day.
Additional sail borings and pert tests may be requ red to
complete a final design.
LOT 3
'REVISIONS
/05/99 SEPTIC SYSTEMS
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CARRIAGE HML PRFJlhflNARY 2119/99
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SEPTIC DESIGN (SfHT. NO_
DRONO� MN. *16
Westwood
104 Marty Ddw sm. 3
SOW. Mn 6013
517 502---
Fall:
BOBLAND DEVELOPMENT, INC.
420 UPLAND LAM
PLYMOU171, MDUOSOrrA 55447
e795SSPI D-
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pavt,�7- pm � 'B6 '
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CONSULTING, PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE NORTH
SUITE 210
MINNEAPOLIS, MN 53401
612,339-3300 PHONE
612.337.5601 FAX
DATE: 14 March 1999
TO: .Elizabeth Van Zomeren
Planning and Zoning Administrator
City of Orono
Fax 612-249-4616
FROM: Wallace L. Case, ASLA
Landscape Arch itectfPlannor
RE: Review of Preliminary Plat Submission Drawings
Class III Subdivision Preliminary Plat
Sohland Development
1025 Brown Road S.
Application # 2467
w
In response to your request, we have visited the site, reviewed the Preliminary Plat
Submission Drawings for the proposed Carriage Hill Development and have the
following comments.
The proposed development of Lot 1 raises several issues that need to be addressed.
Access:
The developer proposes providing access to Lot 1 from Brown Road S by
widening an existing driveway that serves an existing home to the north.
1 , Existing access at this location is provided by a very obscure,
narrow cut through a 8 to 12 feet high embankment. The existing
narrow cut and a high concrete retaining wall immediately along
the north side of the existing drive limits visibility into and out of
the drive. The proposed plans for accessing Lot 1 call for a
O'.WOBS} 16011GAAHL3991389CAPIML.M1EM
l.ld u1G a r 601„ USUI 1Nc. [a 003
possible grading encroachment into the 26 feet wetland buffer at the Lot
1 crossing area.
In accordance with Section 1 1.60, Subd. 2 of the Orono Subdivision Regulations,
as a requirement of subdivision approval, the City Council may require that the
subdivider plant shade trees on the property along the project roads or abutting
roads. The requirement calls for planting one shade tree (2 inch caliper) per every
forty feet of frontage and identifies that the trees planted shall be long-lived shade
trees.
1. The entire southern part of the site is currently an open field with volunteer
trees at the fence line along the existing roads. After development, the view
from the adjacent streets will be of the rear yards and private spaces of the
new homes. The visual appearance of the project as viewed from the public
streets and adjacent properties would be improved by the addition of shade
trees along the southern 650 feet of Willow Drive, the rear yard of Lot 4
along Brown Road S, and both sides of Carriage Lane. We recommend the
City require the developer to plant deciduous shade trees at 50 feet spacing
along the right-of-way of Carriage Lane and southern 650 feet of Willow
Drive. We also recommend that the City require the developer to plant. an
evergreen or ornamental tree buffer in the rear yard of Lot 4, and groups of
ornamentalloverstory trees around the proposed drainage basin in the
southwest corner of the site.
2. Lot 2 functions as a flag lot and it will require approximately 150 feet of
driveway between the side yards of Lots 3 and 6. The City should require the
developer to provide an adequate landscape buffer along the sides of this
drive.
The.plans shown an apparent encroachment of two existing buildings onto Lot 4.
This encroachment should be verified and appropriately resolved with the adjacent'
land owner.
The minimum septic field setback from existing wetlands and water bodies is 75
feet. Upon completion, the proposed drainage pond in the southwestern part of the
site will act as a small pond or wetland and will drain to the southwest under
Willow Drive. The septic field for Lot 6 is setback approximately 50 feet from the
NWL elevation of this basin.
•3-
)/;\ iO) \ V) ~,, CN f 1 LE
HennepJ!J-Opp~Q!Jnty
June 10, 1999
Steve Bohl
Bohland Development, Inc.
420 Upland Lane N.
Plymouth, MN 55447
IUN 1 4 1999
Cl 1Y u, l.,, '-'• u
Re: Carriage Hill, Access Permit #4375, CSAH 146, Orono
Steve:
As requested, the above-noted permit is hereby revised to allow access 450 feet south of
the King Street entrance. The approach should be 14 feet wide plus flares and have 6:1
side slopes without culvert. ·
For further questions or discussion please call me at 612-745-7643.
s~
David K. Zetterstrom
Entrance Permit Coordinator
DKZ:jrh
cc: Greg Gappa, City of Orono
Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
(612) 745-7500 FAX: (612) 478-4000 TDD : (612) 852-6760
Recycled Paper
~Bonestroo
• 8 Rosene
11\11Anderlil<&
1 \11 Associates
Engineers & Architects
May 18, 1999
Mr. Paul Weinberger
Assistant Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: Carriage Hill Subdivision
File No. 139-2467
Dear Paul:
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer
Principals: Otto G. Bonestroo, P.E. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E. •
Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. •
Robert W. Rosene, P.E., Richard E. Turner, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants
Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. •
Richard W. Foster, P.E. • David 0. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. •
Michael T. Rautmann, P.E. • Ted K.Fieid, P.E. • Kenneth P. Anderson. P.E. • Mark R. Rolfs, P.E. •
Sidney P. Williamson, P.E., LS. • Robert F. Kotsmith • Agnes M. Ring • Allan Rick Schmidt, P.E.
Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI
Website: www.bonestroo.com
We have reviewed the grading, drainage and street construction plans for the proposed six: lot
Carriage Hill subdivision. The site is located west of Brown Road South (C.R. 146), east of Willow
Drive and south of the Webber Hills neighborhood in the northwest quarter of Section 10. We have
the following comments in regards to engineering matters.
1. Access, Streets and Grading: The proposed King Street access from South Brown Road to Lot
1 is shown at over a 7% grade. This will present problems in the winter with stopping
movements onto South Brown Road. We recommend that street grades on the easterly 50 feet
of King Street not exceed 2% to provide a landing area for vehicles accessing South Brown
Road. Proposed street elevations at the right-of-way on King Street and Carriage Lane should
not be more than 6-inches higher than the centerline of the existing bituminous of the intersecting
cross streets. We recommend that driveway grades into the proposed garage location on Lot 1
not exceed 2%, the profile shows the proposed driveway grade into the garage area at 5%. The
proposed typical street section to serve Lot 1 provides only 4-inches of Class 5 base, we
recommend the typical section be revised to show a minimum of 8-inches of Class 5 aggregate
base. The proposed retaining wall height approaches 6 feet in some areas. Retaining wall details
and design should be provided for review.
2. Drainage: The ponding and drainage calculations submitted appear to be acceptable. Carriage
Lane st_reet/storm sewer design should include provisions to minimize flows onto Willow Drive.
The pond grading detail should be revised to show the NWL above the 10: 1 bench at an
elevation that intersects the 10:1 bench and the 3:1 slope. An outlet structure detail should be
provided with the plan set. The proposed submerged 18" CMP outlet with apron may present
problems with freezing and flooding. We recommend that the outlet structure utilize an orifice
inlet and or weir to minimize problems with freezing. Riprap should be provided at all storm
sewer outlets. Erosion control measures should be provided at the downstream end of the 18"
CMP west of Willow Drive. The plans should show the location and elevation of the low point
on Willow Drive to determine what freeboard is provided for the ponding area. We recommend
that a minimum of 2 feet of freeboard be provided above the pond HWL. Street elevations on
Willow Drive over the proposed 18" CMP should be shown on the plans to determine how much
cover will be provided over the pipe.
2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311
3. Easements: A final plat should be submitted to verify that utility and drainage easements are
appropriate.
4. Financial Guarantee: We have estimated the total cost for site improvements at $95,605. The
cost estimate is attached for your review; A financial guarantee of 150 percent of this estimate
or $143,408 should be provided to the City.
Please contact me at 651-604-4863 if you have any questions regarding this matter.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~1~,
Tom Kellogg
Attachments
Cc: Greg Gappa, City of Orono
CITY OF ORONO
CARRIAGE HILL SUBDIVISION
RESIDENTIAL SITE DEVELOPMENT
PLAT FILE NO. 2467
SITE IMPROVEMENT COST ESTIMATE
ITEM
Mobilization
Site grading
Common Excavation
Aggregate base, Cl. 5, 100% crushed
Type 41 bit. wear course
Remove existing bituminous
Bituminous street patching
Pond excavation
1811 CMP
1811 CMP apron
Remove existing CMP
Outlet control structure
Rip rap, Cl. 3
Silt fence
Retaining wall
Seeding with 4 11 topsoil
Sod with 4 11 topsoil
Estimated Construction Cost
+50% Security Deposit
Total Security Deposit Required
UNIT
LS
LS
CY
TN
TN
SY
SY
LS
LF
EA
LF
EA
CY
LF
SF
AC
SY
EST.
QUANTITY
1
1
2100
1125
500
55
55
1
137
4
1
1
12
3000
800
1.0
3000
2467CARRIAGE HILL
UNIT
PRICE
$5,000.00
5,000.00
6.00
10.00
35.00
1.00
12.00
5,000.00
20.00
150.00
1,300.00
1,800.00
50.00
3.00
15.00
3,000.00
2.50
EST.
COST
$5,000
5,000
12,600
11,250
17,500
55
660
5,000
2,740
600
1,300
1,800
600
9,000
12,000
3,000
7,500
$95,605
47,803
$143,408
May-25-99 08:02P M;chael T. Hoekstra (612) 476-1767 P.01
DA TE: May 25, 1999
Michael T. Hoekstra
Attorney at Law
19075 Easton Road
Wayzata, MN 55391-3126
Ph. (612) 473-9374
FAX (612) 476-1767
FAX COVER SHEET
TO FAX NO. 295-0398 -Nancy Chadwick
TO FAX NO. 249-4616 -Paul Weinberger,City of Orono
TO FAX NO. 473-2807 -Steve Bohl
FROM: Michael T. Hoekstra
TOTAL NUMBER OF PAGES (INCLUDING COVER): Four (4)
Re: Plat of Carriage Hill
For your review I am FAXing a draft of Protective Covenants to be filed on Lot 1,
Block 1, Carriage Hill concerning compliance with Minnehaha Creek Watershed District
regulations and compliance with wetlands regulations.
If something more is needed I will make a redraft. Otherwise I will get originals to
Steve's office at 9:00 AM on Wednesday morning so that he can deliver to Paul who will
in turn get to Nancy.
Michael T. Hoekstra
CONFIDENTIALITY NOTICE
THIS MEMORANDUM AND THE TRANSMISSION IT ACCOMPANIES CONTAINS
CONFIDENTIAL INFORMATION MAY BE PROTECTED BY ATTORNEY-CLIENT
PRIVILEGE. IF YOU HA VE RECEIVED THIS TRANSMISSION IN ERROR, YOU
ARE INSTRUCTED TO IMMEDIATELY DESTROY ALL PAGES AND PROMPTLY
NOTIFY THE SENDER BY TELEPHONE.
May 25-99 08:03P M;chael T. Hoekstra (612) 476-1767
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS, AND RESERVATIONS
CONCERNING LOT 1, BLOCK 1, CARRIAGE HILL
THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
RESTRICTIONS AND RESERVATIONS ("Declaration"), is made and executed this __
day of _____ , 19 , by BohLand Development, Inc., a Minnesota corporation
( "Declarant").
WITNESS ETH:
WHEREAS, Declarant is the owner of the real property ("Property") described as Lot
1, Block 1, Carriage Hill, Hennepin County, Minnesota, and
WHEREAS, Declarant desires to subject the said Lot I, Block 1, Carriage Hill to the
covenants, conditions, restrictions, and reservations set forth in this Declaration.
NOW, THEREFORE, Declarant declares that Lot 1, Block 1, Carriage Hill shall be
held, transferred, sold, conveyed, and occupied subject to the following covenants,
conditions, restrictions, and reservations (sometimes referred to as ncovenants and
restrictions"), which covenants and restrictions shall run with the said real property and be
binding on all parties having any right, title or interest in said Lot I, Block 1, Carriage Hill
or any part thereof, their heirs, successors and assigns.
1
P.02
May-25 99 OB:03P M;chael T. Hoekstra (612) 476-1767
ARTICLE I
COMPLIANCE WITH
MINNEHAHA CREEK WATERSHED DISTRICT
RESTRICTIONS
To promote natural vegetation, maximize wildlife habitat, control erosion, and improve
water quality for the benefit of the Owner of Lot 1, Block 1, Carriage Hill, no person shall
fill, install any structure, apply any herbicide, apply any phosphorous fertilizer, drain, burn,
remove any trees, or undertake any activity which violates the rules, regulations or
ordinances of the Minnehaha Creek Watershed District, the U.S. Corps of Engineers, the
City of Orono, or such other applicable laws and regulations.
In addition, any and all land alterations which affect the Type I and Type II wetlands
which may be located on Lot 1, Block 1, Carriage Hill, must be approved by the Minnehaha
Creek Watershed District, the U.S. Corps of Engineers and the City of Orono prior to
submitting the plan for alteration to the City of Orono. This Covenant concerning Type I
and Type II wetlands may be changed, modified or revoked only upon written approval of
the Minnehaha Creek Watershed District, the U.S. Corps of Engineers, and the City of
Orono.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed
this Declaration of Protective Covenants this day of __________ , 1999.
BohLand Development, Inc.
a Minnesota corporation
Steven R. Bohl
It's President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this __ day of
______ , 19 __ by Steven R. Bohl. the President of BohLand Development, Inc., a
.. Minnesota corporation on behalf of the corporation.
Notary Public
2
P.03
May 25-99 OS:04P M;chael T. Hoekstra
This instrument was drafted by:
Michael T. Hoekstra
Attorney at Law
1907 5 Easton Road
Wayzata, MN 55391-3126
Ph (612) 473-9374
FAX (612) 476-1767
3
(612) 476-1767 P.04