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HomeMy WebLinkAboutResolution 3570 .. � -- � O ' V • O O b. - CITY of ORONO . � ' ti - �� ��'�' RESOLUTION O��F T�H��TY COUNCIL �k'ESH�4 NO. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION OF A PROPERTY LOCATED AT 920 OLD CRYSTAL BAY ROAD - FILE NO. 2022 � WHEREAS, Robert Melamed of Melamed/Lauer Partners (hereinafter the "subdivider"), on April 21, 1995 filed a formal subdivision application with the City for approval of a four lot residential plat of property legally described as: refer to Exliibit A attached (hereinafter "the property"); and �IEREAS, 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 15, 1995, at which time all persons desiring to be heard concerning this application were given the opporiunity to speak thereon; and • WHEREAS, at their regular meeting held on June 12, 199�, the Orono City Council considered the subdivision application of the Subdivider, noting the following findings of iact: . 1. The properties are 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 15 acres, with approximately 2.5 acres of designated wetland. 3. The proposed plat consists of four residential lots each meeting the minimum requirements of ri�o acres of dry buildable area exclusive of designated wetlands, and driveway easemer�ts. � 4. All four lots meet the required lot width to the rear of the 50' front/street setback. 5. All four lots have been found to have adequate and suitable soils for on-site septic treatment facilities. • Page 1 of 9 � °� � i � � � b. � CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCI L ��`9k,E p4�G NO. 3 5 "Y � sx 6. The four lots shall be served by private driveways. The City has granted a variance to Section 11.33, Subdivision 42 as lots will not be served by an internal road. Granting of this variance was based on the following unique findings and hardships: A. An internal road would require massive tree removal (640 mature pine and � spruce trees) and the approved plan will result in the loss of 90 mature trees. B. An internal road would result in the filling of some 2400 s.f. of wetland areas. The approved plan would result in less than 400 s.f. of wetlands being filled for access purposes. C. Loss of trees would have a negative impact on not only the City's Preserve Park at the east but the residences in the immediate area and the • long established residential developments to the north, south and east sides of the French Lake community. D. Hennepin County DOT has conceptually approved access to the property via two curb cuts at Old Crystal Bay Road recognizing the unique physical characteristics of the property and the desire to minunize impact of development. 7. In lieu of the City's granting a variance to the requirement for an internal road for the four lot plat, the applicant has created buffer or conservation areas where tree removal and land alterations would be prohibited. In conjunction with the creation of the buffer areas, the applicant will create private covenants for the purpose of defining under what conditions trees may be removed within the buffer zone and to define what land alterations would be allowed within protected area. The fmal resolution approving the four lot plat shall specify the purpose of the buffer/conservation area and the need for private property owners to enforce the covenant. � 8. The Hennepin County D.O.T. shall issue the permits for the curb cuts at County Road 84 (Old Crystal Bay Road). It shall be the County's responsibility to define � all required improvements within the right-of-way as a result of the creation of • the new access drive(s). Page 2 of 9 � O� � O � O �b. - C ITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ���.kE o��� No. 3 � 7 0 SH 9. The neighbors in attendance at the public hearing and the written comments of adjacent neighbors have all encouraged the City to consider granting itself variances that would allow an additional residential user and that the City driveway remain in its present condition and status as a driveway. 10. The City Attorney, Thomas Barrett, has drafted a memo to the City staff � reaffirming that it is within the City's authority to grant itself variances. 11. The Planning Commission at their May 15, 1995 meeting recommended that the City grant variances to Section 11.33, Subdivision 42 that would allow the City's driveway to remain in its present condition providing access to two additional residential properties via a single curb cut, based on the following unique findings . and hardships: A. The two residential lots shall be served by a single curb cut. • B. The City driveway is approximately 1,000+ ' in length. The shared � single curb cut is located 55' from the intersection of County Road 84/Old Crystal Bay Road and the City driveway. C. All neighbors in attendance at the public hearing and written statements support and encourage the City to grant variances that would allow the road to remain at its present status and condition. D. The two existing residential units, Park Preserve, and MWCC lift station facility are located within 650' and 1,000' from the intersection of Old Crystal Bay Road and the City drive. E. At the time of the residential subdivision of the City property, it was the intent and goal of the City to retain the simple gravel drive as an access to the residential development and the Park Preserve. It continues to remain a goal of the City. F. The upgrade of this roadway to a 24' paved width with 3' ditches and 80' cul-de-sac at the northeast end would have a negative impact on the Preserve Park-like atmosphere surrounding the City's drive. • Page 3 of 9 , � �� � O : O a. " �ITY of ORONO � � '�' RESOWTION OF THE CiTY COUNCIL ���kEsIIOg'�G NO. `� �i � � G. The insta.11ation of a cul-de-sac would result in a major loss of trees within the immediate area of the Park Preserve. 12. Outlot A shall serve as the area for development of a bike trail. It has been designated at a 15' width and consists of .36 acre. 13. ' Outlot B consisting of .84 acres of dry,land shall be dedicated to the public for open space/park use and contiguous with the French Lake Preserve Park. 14. Upon filing this current four lot plat application, applicant agrees to make any improvement to the City driveway located at the south and east side of the property deemed necessary by.the City Council either through its ordinances or as a condition of granting variances to subdivision regulations by not requiring an intemal road to serve the four lots. • 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 for Melamed/Lauer Partners at 920 Old Crystal Bay Road per the plat dra:�ings by Mark S. Gronberg, a licensed survey of Coffin&Gronberg, I•nc. dated Apri121, 1995, most recent revised date June 5, 1995, subject to the following conditions: 1. • The Subdivider to create access easements over Lots 1 and 3 in favor of Lots 2 and 4. 2. All wetlands designated on City Conservation Maps shall be shown as drainage easements on the plat. Drainageway at northeast and southeast poriion of property to be shown at a minimum 15' width. 3. The well on Lot 1 to be properly abandoned before final plat approval. Subdivider to contact Ciry staff to conf'irm that this has been completed to State's satisfaction. 4. The Subdivider shall be responsible for grading and seeding 10' wide bike trail within Outlot A. If trail is locatee out of boundaries of Outlot A, Subdivider to . grant easements to City. � • � Page 4 of 9 � °� - � o . o �b_ � CITY of ORONO � � � '�' RESOLUTION OF THE CITY COUNCIL �L�kE H�g'�G NO. e� e� `� � S 5. Lots 1, 2 and 3 have been found to contain protective wetlands not designated on the City's Conservation Area Map. The Subdivider shall create covenants to be filed in the Chain of Title of each of these properties advising future owners of the limitations on the use of these specific areas and the need to first apply to the � Corps of Engineers and the Minnehaha Creek Watershed District if any improvements are proposed at some future date before first obtaining approvals � and/or permits from the City of Orono. 6. Prior to the Subdivider filing the final plat application, Subdivider's surveyor shall provide.an amended plan confuming the dry buildable area of Lots 1 and 3 exclusive of driveway access easements. , 7. Dedication on the plat of 1.2 acres of park lands as shown on preliminary plat as Outlots A and B. Sutidivider to deed Outlot B to City. � 8. Dedication of 33' of right-of-way for County Road 84 (Old Crystal Bay Road). 9. Dedication of drainage and utility easements 10' wide along the perimeter � boundaries of the property and 5' along the shared lot lines. 10. Prior to the filing of the final plat, applicant to provide a preliminary grading plan for the City Engineer and City staff's review. Such plan to include the following: A. Grading to confirm that drainage shall be directed away from all septic areas. B. Detailed grading on shared drive at Old Crystal Bay Road providing a 20' minunum landing with 2% grade. C. Detail on final approved retention pond within designated wetland and hydraulic information to support sizing of retention area. D. Detail on private drive serving Lot 4, specifically, portion that will encroach drainageway. � Page 5 of 9 � o� � o �: o � �b. - CITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL ��`�k'E H�g'�G NO. ��"°,! Q� S E. Resolve of removal of oak tree within right-of-way of County Road 84 adjacent to shared drive of Lots 1 and 2. The City shall require written statement from County D.O.T. F. Plan to locate bike trail and grading detail for trail. If wetlands are to be filled, applicant to designate mitigation area within wetland area on City � property to southeast of subdivision. If trail is to extend out of County right-of-way and Outlot A, easements shall be granted in favor of City over such area. � G. Provide detail on dredging of City wetland that has been filled�over the years. This wetland shall provide mitigation area for bike trail grading and City to bank remaining dredged area for future mitigation needs. H. Subdivider to provide engineering plans for upgrading of City drive for • the section beginning at the intersection of the driveway with County road extending to the.east of the shared curb cut serving Lots 3 and 4. Road - � section to be 24' paved width with 3' ditches. These road improvements shall be subject to the final discretion of the City Engineer and Orono staff. 11. Access to Lots 1 and 2 shall be via a shared private driveway at Old Crystal Bay ' Road. Access to Lots 3 and 4 shall be via a shared private driveway at City driveway to the south. 12. Applicant to execute Developer's Agreement to ensure all grading/drainage and any road improvements required by City are installed to Ciry's satisfaction. No land alterations can take place until erosion control is established and septic sites staked. No improvements can commence until the City Engineer has approved all grading/drai_iage plans. A Letter of Credit must accompany a fully executed Developer's Agreement written to 150% of the cost of the required � improvements. No building permits will be issued until all drainage facilities have been installed and approved access for inspection vehicle has been completed. • � Page 6 of 9 � � °� � . � o : o b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ���kES�I�g'�G NO. a� � � O 13. Applicant to provide copies of private covenants creating special guidelines and restrictions on the removal of trees and the performance of land alterations within the conservation/buffer area. Covenants to be created in a form suitable for filing on the Chains of Title of all four properties. The final plat resolution shall reaffirm the responsibility of future properry owners in enforcing these regulations to readvise the future owners that these conservation/buffer areas were � created in lieu of the Subdivider installing an internal road. The resolution shall reference the final amended preliminary plan that designates these buffer areas. It is recommended that the covenant for each lot also include a site plan locating these protected areas. . The following list of final 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 (1),copy for the City records �and one (1) 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 04-21-95, most revised date 06-OS-95. B. Dedication of drainage and utility easements as noted Item 9 above. C. Designation and dedication of Outlots A and B for bike trail and park purposes. D. Dedication and designation of drainage easements over all protected wetlands of the City of Orono. E. Naming of plat. Please note the City asks that "Preserve" not be used in the naming of the plat. 2. Legal documents required: A. Title opinion addressed to the Ciry. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all • other documents affected by such interest. Page 7 of 9 � °� � � o . o �e - CITY of ORONO � ti . '� RESOLUTION OF THE CITY COUNCIL ���kESH�4�G NO. e� e� �8 � '' B. Signed and executed Conservation and Flowage Easement over designated wetland area. Applicant to obtain copies of standard easement documents from City. C. Signed and executed Developer's Agreement and Letter of Credit for drainage improvements and possible road improvement. Applicant to • obtain copies of standard Developer's Agreement and Letter of Credit. D. Signed and executed Bike Trail Easement over Outlot A and adjacent � ' areas included in trail. Applicant to obtain copies of standard easement document from City. �E. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of drainage facilities. Future owners of Lots 3 and 4 to also share in the maintenance and upkeep of the City driveway if final • access is appro��ed. � F. Subdivider to create access easements in favor of Lots 2 and 4 over Lots 1 and 3. G. Completed private covenants for Lots 1, 2 and 3 involved with protected wetlands not included within Conservation Maps of City. H. Completed restrictive covenants for use of buffer/conservation areas involving all four lots. 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 = $ 200.00 • Page 8 of 9 � � � � O� • O • O b� - CITY of ORONO � � . '�' RESOLUTION OF THE CITY COUNCIL ��� �� �kESII�4 NO. `t� e� � � Adopted by the City Council of the City of Orono, Minnesota. at a regular meeting held this 12th day of June, 199�. ATT ST: - � , �. . orothy M. Ha lin, Ciry Clerk � Edward J. Calla n, Jr., Mayor STATE OF 1VIINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, . 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed o�z behalf of the ' City. � � ^ � . �INDA S.VEE No ary Public °����' N07ARY PUBLIC-MINNESOTA r.� , •°v"� � HENNEPIN C���N 31 � �°• � ' � My Commission ExP �'/MM{� • , Page 9 of 9 .� o,�,. � o 0 b. � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL � . ��� �G �kESH�4� NO. e� o� � � , EXHIBIT A � � LEGAL . DESCRIPTION OF PREMISES : Commencing at a point 53 .72 rods South of the Northwest corner of the Northeast Quarter of Section 9 , Township 117 , Range 23 ; thence North 49Y _58 feet ; thence East 990 fe�et along the South line of the tracts of land conveyed to Charles D . Velie ; thence South a� right angles 795 .7 feet ; thence West at right angles to the center of said French Road , so called , said Road also bein..g known as County Road No . 84 ; thence Northwesterly along `che center of said Road to the West line or the said Northeast Quarter �of� s�aid Section 9 ; thence North along said West line to the po�int of beginning , containing seventeen acres , more or less , accarding to the United States Government Survey thereor , Hennepin County , Minnesota . � . .