HomeMy WebLinkAboutResolution 5607ti
CITY of ORONO
RESOLUTION OF THE CITY_ COUNCIL
NO. 56p7
A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR PROPERTIES LOCATED AT
1450 AND 1500 BRACKETTS POINT ROAD
FILE NO. 07-3274
WHEREAS, Bruce Paddock (hereinafter the 'Developer") represented by George
Stickney, is owner of the properties within the City of Orono (hereinafter the "City") located at
1450 and 1500 Bracketts Point Road and legally described as follows:
Lots 1 and 3, Block 1, BRACKETTS POINT, Hennepin County, Minnesota
(hereinafter the "Property"); and
WHEREAS, on February 22, 2007 the Developer filed a subdivision application
with the City for preliminary approval of a two -lot residential re -plat of the Property including
adjacent public road right-of-way (requesting that said right-of-way as well as underlying and
adjacent drainage and utility easements abutting the Property be vacated); and
WHEREAS, the proposal will result in vacation of the southerly approximately
580' of Bracketts Point Road, and the re -platting of Lots 1 and 3, Block 1, Bracketts Point, to
create a new private road outlot serving 1450, 1480 and 1500 Bracketts Point Road; a 2.00 acre
lakeshore lot to replace the 2.00 acre non-lakeshore lot at 1450; a 2.84 acre lakeshore lot to
replace the 3.72 acre lakeshore lot at 1500; and anew tennis court outlot; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing for the application on March 19, 2007, at which time
all persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on March 19, 2007 the Planning Commission on a vote of 7-0
recommended approval of the proposed plat and vacation subject to a number of conditions; and
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
April 9, 2007 and hereby makes the following findings with regards to this application:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 6 o 7
FINDINGS
1. This application was reviewed as Zoning File #07-3274.
2. The property is zoned LR-lA Single Family Lakeshore Residential District,
which requires a minimum lot area of 2.0 acres and minimum lot width of 200'
The Property including the right-of-way to be vacated is 5.99 acres in area, all of
which is dry buildable area.
3. The property is guided in the 2000-2020 Orono Community Management Plan
(CMP) for single family residential use at a density of 1 unit per 2 acres. The
proposed layout contains 2 residential lots each exceeding 2.0 acres in area.
4. The proposed re -plat includes two residential lots. Both lots, plus the adjacent
property at 1480 Bracketts Point Road, will be served via a new private road to be
constructed by the Developer, extending generally southeastward along the north
and east property boundaries of Lot 1 and ending in a cul-de-sac abutting Lots I
and 2. This new private road will replace the existing public road which will be
vacated. At the level of 3 properties being served the required outlot corridor
width by City ordinance would be 50' for the road and 100' diameter for the cul-
de-sac, with a 24' paved width and 80' diameter paved cul-de-sac. Because the
existing public road not being vacated averages only 14'-16' in traveled width
within a 20' right-of-way corridor, it would be reasonable to not require the full
code -standard 24' paved width for the new private road. However, in order that
the Fire Code is met and that adequate emergency access is provided, it is
reasonable to require that the new private road be no less than 20' in paved width.
To provide adequate room for drainage, utilities and snow storage, the outlot
corridor for the private road must be no less than 30' and additional drainage and
utility easements within the abutting properties should be established to provide a
total dedicated corridor width of 50' wherever possible, but in no case less than
10' outside the paved roadway.
5. The private road will be subject to homeowner association ownership and
maintenance, and subject to an underlying Road, Drainage and Utility Easement
to be granted to the City, as well as a "Declaration of Covenants, Conditions,
Restrictions and Private Roadway Easement" either as a separate document or
incorporated into the development covenants.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5607'
6. Vacation of the public road and its associated drainage and utility easements, and
relocation of the existing utilities within the vacated corridor, will provide Lot 1
with a lakeshore yard that is not encumbered by easements.
7. Because the number of residential building sites does not increase as a result of
the re -plat, no park dedication will be required. Additionally, because this is
functionally only a lot line rearrangement, no Storm Water & Drainage Trunk Fee
will be required.
8. The proposed plat and road relocation will remove significant amounts of
hardcover from the 0-75' lakeshore setback zone where no hardcover is normally
allowed, and relocate it to the 75-250' zone where its runoff impacts are reduced.
9. All proposed lots will contain suitable area meeting all established setback and
hardcover requirements to allow the construction or reconstruction of single
family residences. The City Council finds that it would be appropriate to grant a
hardcover variance to allow the historic Woods cabin and associated amenities to
remain in the 0-75' zone on Lot 2, the Council does not find compelling reasons
or hardship to grant a hardcover variance for future replacement of the existing
residence on Lot 2 at the time of re -plat; such variance if requested at the time that
residence is actually proposed to be replaced, should be reviewed at that time on
its own merits.
CONCLUSIONS, ORDER AND CONDITIONS
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 grants Preliminary Plat
Approval for Bruce Paddock for a 2 -lot plat per the Preliminary Plat survey/drawing by Mark S.
Gronberg of Gronberg & Associates, Inc., undated and with accompanying notes by City staff,
attached hereto as Exhibit A, subject to the following revisions and conditions:
Applicant shall relocate all public and private utilities from the roadway and easements
being vacated onto Outlot B, the new private road, at applicant's expense. Prior to final
plat approval and final action on the proposed road and easement vacations, applicant
shall provide suitable evidence that all utility companies have approved the relocation of
utilities.
Page 3 of 11
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5607
2. The backup `T' area and the first 40' of proposed road shall be platted and dedicated as
public road, as shown on Exhibit A.
3. Outlot B shall be 40' in width up to a point approximately 40' west of the tennis court,
then narrowing to 30' out to the cul-de-sac. The paved road shall be 20' in width its entire
length. A 10' clear space for snow storage shall be maintained either side of the paved
road, as follows: a 5' drainage and utility easement shall be created within the Headrick
property; the standard 10' drainage & utility easement shall be established within Lot 1
along Outlot B; and a covenant shall be established allowing no fences within 10' either
side of the pavement, as well as a covenant requiring that the private road be maintained
in all seasons to its paved width and not allowed to be narrowed.
4. The cul-de-sac right-of-way shall be allowed to remain at 90' diameter, and the internal
island shall be reduced to allow for a 20' paved width loop with an outside dimension of
80' diameter. Within Lots 1 and 2 abutting the cul-de-sac bubble, the required perimeter
drainage and utility easement shall be increased to 15' as shown on Exhibit A.
5. Approval is subject to provision of the standard Road, Drainage and Utility Easements to
be granted to the City over the road outlot. The developer shall establish a homeowners
association as well as the necessary road maintenance agreements, etc. to ensure that the
private road will be maintained to reasonable standards at all times by a homeowner's
association, and that failure of that private group to so maintain their private road will be
cause for the City to accomplish needed maintenance and to assess the benefitted
properties for the direct cost of such maintenance. The private road shall be subject to a
"Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" to
be executed by the Developer either as a separate document or incorporated into the
development covenants. The private road shall be constructed to a 20 -foot paved width,
rural section. In the event that adequate stormwater management dictates the need for
sections of curb and gutter, final road design plans indicating the extent of the curb and
gutter system shall be submitted for Council review prior to final plat approval.
6. The applicant's request for a hardcover variance for the "Woods" cabin shall be granted
based on the historic presence of that structure; the exact amounts of hardcover
associated with that structure shall be documented prior to final plat approval; said cabin
shall not be required to be removed if/when the principal residence on Lot 2 is removed.
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RESOLUTION OF THE CITY COUNCIL
NO.
The applicant's request for a permanent hardcover variance/allotment for the 75-250'
zone of Lot 2 shall not be granted. The amount of existing hardcover within Lot 2 in the
pre- and post -subdivision condition shall be documented by the applicant. When Lot 2 is
redeveloped it shall meet the hardcover standards, or shall be the subject of a separate
hardcover variance at the time it is redeveloped that will be reviewed on its own merits.
8. A formal `waiver' of the average setback- ordinance with respect to Lots 1 and 2 shall be
granted based on the configuration of the property.
9. The only accessory structure allowed in Outlot A shall be the private tennis court, and it
is specifically granted a variance to be 10' from the new street lot line. Ownership of
Outlot A may be either by one, some, or all of the owners of Lots 1 and 2 and the owner
of 1480 Bracketts Point Road.
10. Relocated sewer main lines will become owned by the City. The existing sewer lines to
be abandoned shall be removed.
11. Since no additional building lots are being created, no park dedication fees or stormwater
& drainage trunk fees will be required.
12. Prior to Final Plat Approval, the Developer shall provide a grading and drainage plan
addressing stormwater management, subject to approval by the City Engineer. Approval is
subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required.
Final plat approval shall not be granted until the Developer has provided evidence that all
required MCWD permits have been obtained, and the City Engineer has approved the
grading and drainage plan. The Developer shall establish covenants providing that the
homeowners association will be responsible for all future maintenance of stormwater
management facilities. In the event that stormwater management facilities are required that
include ponding areas that are not within the standard perimeter drainage and .utility
easements, such ponding shall be subject to a drainage easement and if necessary the lot line
between Lots 1 and 2 shall be revised so that Lot 1 contains at least 2.00 acres exclusive of
the pond areas below the OHW.
13. City Engineer Approval. Approval is subject to the ongoing recommendations of the
City Engineer.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5607
14. Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions, to ensure that the
proposed plat will accomplish the intended purposes:
a) Final plans and specifications for all proposed utility lines and services, including
proposed revisions to existing service facilities, as well as a utility abandonment
plan. .
b) Final grading, drainage and erosion control plan showing existing and proposed
contours, building locations, elevations, stormwater facilities and calculations,
utilities and erosion control measures to be used during construction. Final Plat
Approval will not be granted until the Minnehaha Creek Watershed District has
approved the stormwater management plans.
c) Engineering details and design for any proposed retaining walls.
d) Final boulevard landscaping design plan with planting schedules including
numbers and species, as a minimum in accordance with the boulevard landscaping
requirements of the subdivision ordinance.
e) Road construction plans including proposed plan and profile views, typical street
section, geotechnical report, R -value recommendation and pavement design.
f) Sufficient detail to meet the recommendations of the City Engineer.
All of the above plans shall be approved by the City Engineer prior to Final Plat
Approval.
15. Developers Agreement. Developer shall execute a Developer's Agreement for
construction of improvements on the Property to ensure all site improvements are
installed to the City's specifications and satisfaction. Said Developers Agreement may
contain additional conditions not noted in this Preliminary Plat Approval resolution. No
land alterations can take place until erosion control is established and the City is in
receipt of a final grading and road plan. No improvements can begin until the City
Engineer has approved all improvement plans. A Letter of Credit must accompany a fully
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5607
executed Developer's Agreement written to 150% of the cost of the proposed site
improvements, including any required landscaping. No building permits will be issued
until all drainage facilities and improvements have been installed and satisfactory road
base has been installed.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Zoning Administrator 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 to include:
A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg
attached hereto as Exhibit A, except as modified herein.
B. Dedication of "drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line, except as modified herein and
as depicted in Exhibit A.
C. Dedication of "Drainage Easements" over all drainageways and
stormwater facilities if required by the City Engineer.
E. Naming of plat.
2. Legal documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 60 7
C. Signed and executed Road, Drainage and Utility Easement and
Declaration of Private Covenants, Conditions, Restrictions and Private
Roadway Easement for maintenance of same over the private road Outlot.
D. Signed Developers Agreement and Letter of Credit for construction of
improvements. The City Engineer shall establish the amount to be
provided in the Letter of Credit.
E. Signed Drainage and Utility Easement over the appropriate portions of the
adjacent Headrick property.
3. Plat approval fees to be paid: Total due: $530.00
A. Final plat fee = $280.00
B. Legal review & filing fees for subdivision and associated documents:
$250.00
4. Letter authorizing conversion of existing Application Escrow to a Development
Escrow.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 23rd day of April, 2007.
ATTEST:
Lin a S. Vee, City Clerk
Property Owner/Developer
aures M. White, Mayor
Page 8 of 11
STATE OF MINNESOTA
COUNTY OF HENNEPIN
A �1 ��I uali iij 1
RESOLUTION OF Tk UtY OC7UNCIL
NO. ) (D
The foregoing instrument was acknowledged before me on this 0(� day of
2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
ti .. �•� 0
• •,Notary/
�!!!r ri!lrmrlll!l rllrlJ1
STATE OF MINNESOTA
COUNTY OF HENNEPIN
A
The foregoing instrument was acknowledged before me on this �-)day of
2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
i
F "�" NOTA,RY PUBLIC -MINNESOTA
Notary
�t���4�� M Commission Expires Jan. 31, 2010
Page 9 of i 1
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5607
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before
, 2007, by Bruce _ Paddock, husband of
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was
2007, by
Paddock.
me this day of
acknowledged before me this day of
, wife of Bruce
Notary Public
Page 10 of 11
LAKE
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MINNETONKA
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CERTIFICATE OF SURVEY AND
PROPOSED LOT DIVISION FOR
BRUCE PADDOCK
OF LOTS 1 & 3, BLOCK 1, BRACKETTS POINT
HENNEPIN COUNTY, MINNESOTA
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