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HomeMy WebLinkAboutResolution 3601 •T .. �% I O� � O O �A� - CITY o� ORONO � � . . ti � �'�' RESOLUTION OF THE CITY COUNCIL � ��kESII�g'� NO. e� ,�D O �, A RESOd�UTION GR�lTTL�TC'T �'.�;�IlVIINARY AFPROVAL OF A CLAS� �:i3 S�,'�:13D1VISION FOR A P�OPERTY �,Cy�A.7['�D AT 2 i 60 '4VATER7C�DWl�t R�A..D - FILE NO. 245i WI�[EREAS, Michael J. H:ib�link(hereinafter "the cul�divider") on�uly 28, 1995 filed a formal subdivision application with the City for approval of a four lot residential plat of property legally described as: refer to Exhibit A. attached (hereinaft�r °the ��z�o�erly"); a�d �VHEREAS, after due published and mailecl notice in accorciance with P�Iinnesota . �tat«ces 4G2.35$ et. seq. and the City of Orono's Zonin� and Subdivision Codes, the Orono •� Planning Coznmission held a public hearing on August 21, 1995, at which time all persons ciesiring to be heard concerning this application were given the opportunity to speak th�reon; and WHER.�AS, at their regular n�ee�ing held on September 11, 1995, the Orono City Council considered the subdivision application of the suvdividers notiiig the following findings of fact: 1. The properties are located �vithin the RR-1B Single Family R.ural Residcntial Zoning District requiring a minimum of two acres of contiguous dry builr�ai�le land within each newly created lot. 2. The property contains a total of appreximately 8.97 acres exclu;:ive o� road rights-of-way and a privale road outlot. 3. The proposed plat consists of four residential lots each t�zeetiu� iI1L` 111i!]l1]lUtll requirement of two acres of dry buildable area and required lot ���idth of 20U' to the rear of the 50' front/street setback line. 4. All lots meet the standards af the RR-1B Zoning I�istrict. 5. All four lots have been found to have adequate an�suitable soils for an-site septic ' dis�osal systems. i Page 1 or� 6 � I• � O� � • O \ O 1 b. - C ITY of ORONO � � ti ��� �p'�' RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. �� � O �.9 � 5. All four lots have been found to liave adequate and suitable soils for on-site septic disposal systems. 6. The City Staff and City Engineer have conceptually approved the drainage/grading plan and road plan for the subdivision as shown on drawings prepared by Mark S. Gronberg of Coffin and Gronberg, Inc. dated August 1, 1995, Job #95-233, Sheet 1 of l. 7. At the August 21, 1995 meeting of the Planning Commission, members recommended unanimous approval of a variance to Section 11.33, Subdivision 4 of the Subdivision Regulations that would allow Lots 1, 2 and 3 to be served by a private road outlot with cul-de-sac and Lat 4 shall continue to be served at the existing curb cut at Watertown Road that served the original homestead, based on the following unique findings and hardships: • a. The curb cut at the road outlot and existing curb cut at Watertown Road have been approved by the City Engineer as meeting the required sighting distance for roadways at a 40 m.p.h. speed limit. b. There is adequate dry buildable area to design a subdivision with a road outlot along the east lot line. The proposed access plan has been proposed � in order to preserve the natural amenities of this property. c. The proposed access plan wi11 allow an extensive wooded area at the southeast corner of the property to remain undisturbed. d. Placement of a road along the east line would result in a major impact upon the existing steeper elevations as one moves north along the east lot line. e. In the review of the Peterman Addition, the residential development to the immediate east, the City determined that an extension roa� outlot to the sub�ject property would not be required by the developer. f. If a conforming road was developed along the east lot line, Lots 1-4 of the Peterman Adclition and three of the lots within the current division would • become througii lots requiring all praperty owners to obtain conditional Page 2 of 5 4� . � �r -.l ' � ' ' � ' . � . � �� � i � o O : �b. - CITY of ORONO � � � � �� �,'�' RESOLUTION OF THE CITY COUNCIL � ��kESHOg'� NO. e; � o :0 use permits for construction of a11 accessory structurces. g. If a conforming road was installed along the east lot line, Lot 4 would nov�� be surrounded by a roadway on all three sides. NOV'��, THER.E�ORE, BE IT RESOLV]ED, that ba.sed upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Michael J. Hilbelink per plat drawings by Mark S. Gronberg of Coffin and Gronberg, Inc. dated July 26, 1995, Job. #95-233 and grants a variance to Section 11.33, Subdivision 4 based on the unique findings and hardships set forth in Item #7 above, subject to . � the following conditions: 1. Applicant to dedicate 10' drainage easement along shared lot lines of Lots 2 and 3. The drainage easement to extend along north lot line of Lot 4 ancl south lot line of Lot 3 up to the retention por�d. The retention pond shall also be' • designated on the plat as drainage easements. A 15' easement shall be dedicated over the drainage structure, baffle weir and CMP to the southwest of retention pond. 2. Applicant to develop covenant for Type 1 wetlands located within Lots 3 and 4. The purpose of the covenant is to alert all future property owners of the need to protect the area and if alterations are proposed to first obtain the necessary � approvals from the Corps of Engineers and the Minnehaha Creek Watershed District before applying for approvals from the City of Orono. 3. The ditch along north side of Watertown Road to be excavated and trees cleared in the right-of way to improve drainage and sight distance. 4. Drainage swale to be stepped to reduce grades from 7% to 2% with riprap or underground tile. The City recomcnends riprap rather than underground tiles which require regular maintenance. 5. Two existing draintiles that outlet at the east lot line may be closed off as drainage from east is conveyed along an approved drainage path along west lot line within Peterman Addition. 6. Septic sites on Lots 1, 2 and 3 to be staked and protected prior to any land • alterations on this property that would include the City's installation of a bike Page 3 of 6 � • . . . C � O� • O O �b. - . . C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL . ��`�$E Hpg'�'� NO. i; � o �. S trail, applicant's itistallation of road and drainage improvements. 7. Well within Lot 4, Block 1 to be sealed off as regulated per State standards if well is not to serve new residential construction. 8. Applicant to execute Developer's Agreement to ensure all grading/drainage improvements and road improvements are installed to City's specifications and satisfaction. No land alterations can take place until erosion control is established and septic sites fenced and the City is in receipt of a final grading and road plan. No irnprovements can begin until City Engineer has approved all improvement plans. A I,etter of Credit must accompany a fully executed Developer's Agreement written to 150% of the cost of the proposed road and site improvement. No building permits will be issued until all drainage facilities have been installed and approved and satisfactory road base completed. • The following list of�nal submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals 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 t� include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin � ar.d Gronberg, Inc. dated July 26, 1995. B. Dedication of "drainage and utility easements" 10' along bouz�daries of the property and road outlot anci 5' along all internal lot lines and as also described in Condition #1 above. C. Designation and dedication of drainage easement over detention areas and drainage areas. D. Designation of private road as an outlot. E. Dedication af rights-of-way f.or Old Crystal Bay Road and Watertown • Road. Page 4 of 6 . . _ . , , , . � O ' V • O O - �b. � N; CITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL �L�kE H�g'�� NO. e� � O � ... . S F. Dedication by deed of a trail easement as shown on the preliminary plan of the four lot subdiuision if applicant and current owner have nvt already dedicated this to the City. �. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. • C. Signed and executed Drainage Easements to b� taken over retention areas and drainageways within plat (see sample enclosed). D. Signed and executed Developer's Agreement and Letter of Credit for site improvements and construction of private road (see sample enclosed). E. Signed and executed Road and Utility Easement over private road outlot (see sample enclosed). • ' P. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private road cul-de-sac and drainage facility (see sample enclosed). Lot 4 shall share in the cost of the upgrading of the drainage facilities but not private raad. G. Con�pleted application for private road name. Please note the selection of the road name is a separate action of the Council and should be submitted as soon as applicant has completed the selection of three choices of names � (see sample enclosed). H. Completed private covenant for lots involved with protected wetlands not included within Conservation Maps .of City and mitigation areas. � Page 5 of 6 � °� � o 0 �b. - ty C ITY of ORONO � � �� �'�' RESOLUTION OF THE CITY COUNCIL � L�kESHOg'� NO. � O 1 Covenants should include map and metes and bounds descriptions. Covenants shonld be in a form suitable for filing. 3. Fees to be paid: Total due: 375.00* A. Final plat fee = $175.00 B. Legal review and filing fees for subdivision and associated documents = $200.OQ C. *Park dedication fee. The Park Commission has recommended that the area of the bike trail easement be deducted from the 8% land dedication. . The park fee to be based on adjusted area. Council ta affirm Park Cotnmission recommendation. � Adopted Uy the City Council of the City of Orono, Minnesota at a regular meeting held this llth day of September, 1995. A EST: � _ ,, , orothy 1VI. a lin, City Clerk Edward J. Call n, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF il��vNl?PIN ) The foregoing instrument �vas acknowle�ged before me on this llth c�ay of September, 1995, Uy Edward J. Callahan, Jr. 8c Dorothy M. Hallin, Mayor &City Clerk of tlie City of Orono, a Minnesota municipal corporation and said :nstrutnc:nt «�as executed on behalf of the City. °�T"'• LINDA S.VEE � � ��� �V"� �� � NOTARY PUBLIC-MINNESOTA "��" � ���M��,r HENNEPIN COUNTY NOt tiy PU1711C • My Commission Expires Jan.31,2000 Page 6 of 6 , • i' • . y � O� • O : O ��_ - CITY o� ORONO � � � . ti ��� �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. e3 � 0 � EXHIBIT A Commencing at the Southwest corner• of tt�e Suutheast quarter of Secf. i�n thi rty-three ( 33 ) , Towr�sh i p one hundred e i gnteen ( 1 1 8 ) :�orth , Raiige �wenty-thr�e (23j West �f the 5th Priricl (�al Meridiari ; thence North al ��iy �fi�e West 1 � r�e u� sa � d Sc;utheast yuart.er 902 _ 94 feet ; thence �ast at right • anyles to said wes� line 474 . 8� feet ; thenc�� Suuth par��llei with s� id West : inE to the Suuth line �; said sect. iuri thlrty- thr�e ( 33 ) ; thence W�st aluny said Suuth line tc.� place ut Ueginning _ • .