HomeMy WebLinkAboutResolution 3750 � ��
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��L ��'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS III SUBDIVISION
FOR PROPERTY LOCATED AT 180 NORTH SHORE DRIVE WEST
-FILE NO.2136
WHEREAS, Greenfield Corporation, a Minnesota corporation, (hereinafter the
•"subdivider") on Apri126, 1996, filed a formal subdivision application with the City for approval
of a six lot residential plat of property legally described as:
The West half of the Northwest Quarter of the Northwest Quarter of Section 6,
Township 117 North, Range 23 West of the Sth Principal Meridian, EXCEPT
that part of the West 274.77 feet of said West Half of the Northwest Quarter of
the Northwest Quarter which lies South of the North 580.00 feet of said West
Half of the Northwest Quarter of the Northwest Quarter, and which lies North
. of the South 545.34 feet of said West Half of the Northwest Quarter of the
Northwest Quarter, Hennepin County, Minnesota (hereinafter "the properry"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on May 20, 1996, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WI�REAS, at their regular meetings held on June 10, 1996, July 8, 1996 and
July 22, 1996, the Orono City Council considered the subdivision application of the subdivider
noting the following findings of fact:
1. The property is located within the RR-1B Single Family Rural Residential
Zoning District requiring a minimum of two acres of contiguous dry buildable
land within each newly created lot.
2. The property contains a total of approximately 17.2 acres with 2.34 acres of
designated wetland area. - ,
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3. The proposed plat consists of six residential lots each meeting the minimum lot
standard requirements of the RR-1B, Single Family Rural Residential Zoning
District. �
4. All lots have been found to have adequate and suitable soils for on-site septic
treatment facilities providing both a primary and alternate site for each of the six
� lots.
5. Lots 1, 3 and 4 shall be served by a private driveway designated on the plat as
Outlot A. Lot 2 shall be served by an approved access at North Shore Drive
or County Road 19. Lots 5 and 6 shall be served by an approved shared access
at North Shore Drive or County Road 19.
6. Outlot A shall be expanded to provide a backout pad for emergency vehicles at
• the east or road entrance side of outlot.
7. The City Engineer, in his report of May 13, 1996, approved the grading and
drainage plan for the development of this property.
8. Thomas D. Johnson, a Transportation Planning Engineer for the Hennepin
County Department of Transportation, in his report of May 13, 1996, approved
the three curb cut locations at the County roads.
9. Orono's Community Management Plan, Rural Transportation Policy 7 entitled
"Driveway Locations in Rural Street or Private Road Intersections will be
Limited for Traffic Safety" states as follows:
"Joint use of carefully located private roads will generally be preferred
over direct access on to public highways from separate properties."
The developer has provided the following unique findings and hardships to
support the creation of three new curb cuts (one existing curb cut to be
relocated) that shall serve all six residential lots. The Planning Commission has
� accepted the findings and hazdships presented by developer. They are reviewed
as follows:
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A. Location of wetlands.
B. Sloping topography to south and east.
C. Subdivider's responsibility to provide a future access road to serve
property to east.
D. Property is surrounded by 1,800' of County Road along the north and
west sides. �
E. The existing access serving Lot 6 has been found to be unsafe and
encroaches within property to the south. The new curb cut developed at
� the shared lot lines of Lots 5 and 6 has been approved by the County
and meets the required sighting distance for a 50 mph speed zone.
• F. New curb cut to serve Lot 2 has been found to meet the sighting/safety
standards for the 50 mph speed zone.
G. The location of septic sites on Lots 1, 2, 3 and 4.
H. Desire of subdivider to preserve views to the south and southeast for the
obvious building sites on Lots l, 2, 3 and 4.
10. Orono's Community Management Plan, Transportation Chapter, CMP 7-17 states
as follows:
"PRIVATE DRIVEWAY A driveway is a privately owned and privately
maintained vehicle path between the street and private property. Private
driveways shall be subject to access permits according to the classification of the
abutting street. Private driveways will not be subject to any public easement or
access right, but do require recorded private easements where driveways cross
an intervening private lot between the residence served and the street.
NRISDICTION: PROPERTY OWNER
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MAXIMUM SERVICE: 1 RESIDENCE TYPICAL; JOINT
DRIVEWAYS ALLOWED WITH
MAXIMUM THREE RESIDENTS PER
DRIVEWAY IN RUR.AL AREAS MORE
USERS REQUIRE PRIVATE ROAD
STANDARDS
DRIVEWAY WIDTH: WILL BE REGULATED WHERE MORE
THAN ONE USER IS INVOLVED OR FOR
PUBLIC SAFETY PURPOSES WHERE
THERE IS EXCESSIVE LENGTH BETWEEN
THE RESIDENCE AND THE PUBLIC
ROAD"
• The Comprehensive Management Plan allows three residential lots to be served
by a private driveway. The Management Plan further states that a driveway
serving more than one residential lot shall be regulated. The City Engineer shall
be asked to provide design specifications for the private driveway within Outlot
A.
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of
the findings noted above, the City Council of the City of Orono hereby approves the
preliminary plat application of Greenfield Corporation per plat drawings by Mark S. Gronberg,
a licensed surveyor of Coffin & Gronberg, Inc., dated May 3, 1996, most revised date July 12,
1996, subject to the following conditions:
l. Subdivider to grant a bike trail, drainage and utility easement 10' wide adjacent
to Bayside Road (County Road 84) and North Shore Drive West (County Road
19). '
2. Subdivider to dedicate 17' of additional right-of-way for North Shore Drive West
along the west boundaries of Lots 1 and 2.
3. Subdivider to execute private covenants defining responsibility for the upkeep
and maintenance of private driveway, Outlot A, by Lots 1, 3 and 4 and
• covenants to also address owners of all six lots' responsibility for maintenance
of drainage facilities within plat.
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. 4. Subdivider shall be responsible for dividing equally the share in ownership in
driveway Outlot A of Lots 1, 3 and 4 via transfer deed of lots upon sale.
5. All septic sites within subdivision are to be fenced off prior to any land
alterations. �
• 6. Subdivider to grant flowage and conservation easement over designated wetland
within Lot 6.
7. Subdivider to designate drainage easement at a minimum width of 15' over
drainageway that extends westward from Outlot A to sediment pond in northwest
corner of Lot 1. Drainage easements are to be taken over all sediment ponds
and drainageways within plat.
• 8. Subdivider to install driveway with backout pad within Outlot A. Plans for
drive shall be reviewed and approved by City Engineer.
9. Subdivider shall be responsible for installing a confornung septic system to serve
existing residence on Lot 6 within 90 days of the date of preliminary plat
approval (November 12, 1996) or prior to final plat approval, whichever occurs
first.
10. 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 on the property.
11. Subdivider to create private covenants for protection of Types I and II wetlands
located within property that are not classified as a designated wetland of the City
of Orono. Such covenants to include site plans locating protected area and
advising future owners of need to contact Minnehaha Creek Watershed District
and the U. S. Corp of Engineers if land alterations are proposed before
' submitting plan to the City for review and possible permit.
Covenants shall include protective language for alternate septic sites along with
site plans locating both primary and alternative sites. Applicant to develop
• language alerting future property owners of need to protect sites on adjacent
properties. Covenant shall also advise future owner of Lot 3 that no residential
construction shall be allowed to south of primary and alternate septic sites.
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12. Subdivider is hereby advised that preliminary subdivision approval will expire
within one year of the date of Council approval, August 12, 1997. Should the
subdivider fail to complete the filing of the final plat application within the year
deadline, it shall be necessary for the subdivider to file a new preliminary
subdivision application with the City.
• The following list of final submittals must be submitted to the Zoning Administrator two
weeks prior to the regulazly scheduled Council meeting on the second and fourth Mondays of
the month. These submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the
City's records and one for filing with Hennepin County) and one (1) copy
reduced to 1" = 200'. Drawing to include:
• A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin
and Gronberg, Inc. dated most revised date, July 12, 1996.
B. Dedication of drainage and utility easements 10' wide along the exterior
boundaries of property and 5' along the internal lot line. 10' drainage
and utility easements adj acent to County roads to include trail easement
in favor of City (refer to special easement form attached).
C. Dedication of right-of-way for County Road 84 at 33' and 50' adjacent
to west lot lines of Lots 1 and 2 and 33' adjacent to the west lot lines
of Lots 5 and 6 for County Road 19.
D. Designation and dedication of drainage easements over detention ponds
and drainageways as shown on preliminary plat.
E. Designation and dedication of drainage easement over the designated
wetlands located within Lot 6.
F. Designation of Outlot A to serve as a private driveway. Outlot A at a
30' width is a private driveway that will serve Lots 1, 3 and 4.
• G. The naming of plat.
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2. Legal documents required:
A. Title opinion addressed to the City. All owners, mortgage holders or
others with property interest indicated therein shall sign the plat and all
other documents affected by such interest.
• B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
3. Signed and executed drainage easements to be taken over drainageway and
detention azeas within plat (see sample enclosed).
4. Signed and executed developer's agreement and letter of credit for approved site
improvements and construction of private driveway (Outlot A) and a single
• address sign locating residences served by Outlot A at Bayside Road entrance
(see samples enclosed).
5. Signed and executed Flowage and Conservation easement over designated
wetland within Lot 6. .
6. Signed and executed declaration of private covenants dealing with the upkeep
and maintenance of private drive (Outlot A), drainage facilities and specifying
share of Lots 1, 3 and 4 in ownership of Outlot A (see sample enclosed).
7. Signed and executed trail easement over 10' wide drainage and utility easements
adjacent to County Roads (see sample enclosed).
8. Completed private covenant for lots involved with protected wetland not included
within conservation maps of City which shall include a site plan and metes and
bounds descriptions for these areas. Covenants to include protective language
for alternate septic sites and to include the site plans locating both the primary
and alternate sites. Subdivider to develop language alerting future owners of
need to protect sites on adjacent properties. Covenants must be in a form
suitable for filing. The City has samples of protective covenants used by former
developers. Subdivider may wish copies and should notify City.
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9. Fees to be paid: Total due: $400.00*
A. Final plat fee = $200.00
B. Legal review and filing fees for subdivision and associated documents =
$200.00
*Park dedication fee shall be deternuned as soon as City Assessor has placed a
fair market value on the undeveloped land at the time of preliminary plat
approval. The subdivider shall be advised as soon as Assessor's report has been
filed with City. Park dedication fee shall be based on 8% of the fair market
value of land within Lots 1 through 5.
Adopted by the City Council of the City of Orono, Minnesota at a regular
• meeting held this 12th day of August, 1996.
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orothy M. a in, City Clerk Edward J. Call � an, Jr., Mayor
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instniment was acknowledged before me on this 12th day of
August, 1996, by Edwazd J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
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��'�"`• LINDA S.VEE U
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; .�4;'_ , NOTARY PUBLIG��IINNESOTA Notary Public
• ��-�;.;� HENNEPINCOUNTY
`'"'�•" My Commission Expires Jan.31,200p
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