HomeMy WebLinkAboutResolution 4267CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
· 4~ 6 't NO. .
A RESOLUTION GRANTING PRELIMINARY
APPROVAL FORA PLAT AT 1025 BROWN ROAD SOUTH
-FILE NO. 2467
WHEREAS, Steve Bohl on behalf of Bohland Development (hereinafter the
11 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-lB 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. 11
3. The site data is:
Site Area
Wetlands
Pond
Net Area
Acres
45.1
23.0
0.4
22.0
Sq. Ft..
1,965,764.6
992,224.8
17,037.0
956,502.2
The wetland is a Type 2 and Type 3 marsh, designated "PEMC" for palustrine,
emergent on the National Wetland Inventory Map.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 ~ (i ''l°
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 Sg. Ft. Dry Acres Sg. Ft.
1 20.8 903,071.4 6.0 260,180.5
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
subject to a 26' wetland setback.
area requirement. Lots 1, 2, 3, and 4 are
6. Lot I 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 I within
5' of the property line.
7 Lot 2 is proposed to have access from Outlet 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO .. 42 6 ·t
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.11 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 3, 4, 5 and 6. Lot 2 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 lo cated 75'
from water supply wells and wetlands. Also septic sites shall be located 20'
from impervious surfaces and property lines.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ,4;;; 6 '/
18. Single family residences can be constructed on Lots 1-6 without further
vanances.
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 I 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 2. {.", ir,;
NO. "' 0 t:
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 # _ _i_268 ____ .
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:
1. Record plat drawings in the form of two (2) mylar copies and one (1) copy
reduced to l "=200'. Drawing . to include:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 2 6 7
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 of8
. . .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 2 0 7.
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 MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. 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 7
P age 7 of8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 ~--6. 7
EXHIBIT A
PROPOS[O t.EGAL DESCRIPTION
T~at port of the Northeast Ouorler of the Northwest Oucrter crnd Government Lot 6 in
Section 10. Tow~shi;:, 117. Ronge 23, Hennepin County, Minn~soto, described as follows:
. .
Commencing at lhe ncr\heost corner or said Government Let 6: · thence South 00 degree;5
04 minutes 55 seconds Wesl~ assumed bearing, along the east line of ::said Government Lot
6, a distance of 61.43 feel to the actual point of beginning; thence North 00 degrees 04
minutes 55 seconds East, along the east Une of sotd Government Lot 6 end saTd Northeast
Quarter of the Northwest Quarter, a distance or 1336.12 feet to the intersecUon with the
easterly extension of the south line of king Street, as dedicated· on the plot of MINNETONKA
VIEW, according lo the recQrded plat thereof; thence North 89 degrees 41 minutes 50 ·
seconds West. along said south line ·and said easterly extenston, · a distance cf 173.00 feet:
thence ·North 00 degrees 04-minutes 55 seconds East, porollel with said _east llne of the
Northeast Quarter of the Northwest Quarter, a distance of 33.00 feet to the north ltne sald
Northeast Ouorler or the Northwest Quarter; thence North 89 degrees 41 minutes SO
seconds West, along said. north line a distance of 1154.93 feet to t'1e northwest comer ·or
said Northeast Quarter cf the Norlhwesl Quarter, thence South 00 degrees 08 minutes 30
seconds West, along the west line of said Northeast Quarter of the Northwest Quarter, a ·
distance of 622.71 feet lo the north line of JOHNSTON'S FRENCH LAKE SECOND AD0lllON,
according lo 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 comer or said
JOHNSTON'S FR~NCH LAKE SECOND ADOITION; thence South 02 degrees OS minutes 38
seconds East. along the east line of said JOHNSTON'S FRENCH LAKE SECOND ADDITION, a
distance of 2_24.10 feet: thence southerly, continuing along said cast line. along o tangenliol
curve, concave to the east. ha'Jfng a central angle of 26 degrees 30 minutes 01 seconds. a
radius of 669.62 feel, far an ore dfstoncc af ~09.71 feet: thenc:e South 54 degrees 45
minutes 18 seconds East, ·continuing along said east line. not tangent to the losl described
curve, a. distance of 83.06 feet; thence South 35 degrees 36 minutes 55 seconds East,
continuing along said east line, o distance of 96.43 feet to the most easterly comer _or said
JOHNSTON"S , FRENCH LAKE SECOND AOOITION; thence North 53 degrees 30 minutes 36
seconds East; a distcince of 243.02 feel; thence South 44 degrees 51 minutes ·12 seconds
(<1st, o distance of 248.84 feel: 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 Eost, along said centerline o distance of 630.17 feel to a line that
beers· South 41 degrees 04 minutes 55 seconds West· from the point of beginning: thence
Nott!i 41 degrees 04 minutes 55 seconds East, a dist.once cf 83J.84 feel to the point of
bcg~nl"ing.
(:kcept .thcrelrcm _ L-,1 IC., Block 6, said MINNETONKA VIEW
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