HomeMy WebLinkAboutResolution 2239 *. �
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�� City o� ORONO �
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• RESOLUTION OF THE CITY COUNCIL
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� NO. 2239
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A RESOLDTION GRANTING PRELIMINARY
APPROVAL FOR A PLAT AT
780 SOIITS OLD CRYSTAL BAY ROAD
APPLICATIOAi NO. 1128
WHEREAS, Rainey Anderson on March 18, 1987 filed a formal
subdivision application with the City of Orono for approval of a four-lot
residential plat of property legally described as follows:
P.I.D. No. 04-117-23 43 0004:
� The North 206.00 feet of the West 55 rods of Lot 26, AUDITOR'S
SUBDIVISION NUMBER 229, HENNEPIN COUNTY, MINNESOTA, according . to the
recorded plat thereof; and
P.I.D. No. 04-117-23 43 000�:
That part of the North 25 1/4 rods of the West 55 rods of Lot 26
AUDITOR'S SUBDIVISION NUMBER 229, HENNEPIN COUNTY, MINNESOTA,
� according to the recorded plat thereof, lying South of the North 206
feet thereof; and
P.I.D. No. 04-117-23 43 0006 :
The North 99.10 feet of the South 379.50 feet of the West 948.50 feet
of Lot 26 , AUDITOR' S SUBDIVISION NUMBER 229 , HENNEPIN COUNTY,
MINNESOTA, according to the recorded plat thereof; ALSO
The South 280.40 feet of the East 569.00 feet of the west 948.50 feet
of said Lot 26 ; and
P.I.D. No. 04-117-23 44 0003:
That part of Lot 26, AUDITOR'S SUBDIVISION NUMBER 229, HENNEPIN
COUNTY, MINNESOTA, according to the recorded plat thereof, lying East
of the West 948.50 feet thereof.
WH$REAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and
Platting. Codes, the Orono Planning Commission held a public hearing on
April 20, 1987, at which time all persons desiring to be heard concerning ,
� this application were given the opportunity to speak thereon; and
WH$REAS, the application was revised to a six-lot residential
plat on June 18th, 1987, and, whereas, the neighboring property owners
• within 350 feet of the subject prop�rty were duly notified of the proposed
revisions and the additional Planning Commission review to be held on July
20, 1987, and the Orono Planning Commission reviewed the revised proposal
on July 20, 1987 at which time all persons desiring to be heard concerning
the revised application were given the opportunity to speak thereon; and
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� � � � � c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2239
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WHEREAS, at their regular meeting held on July 27, 1987 the Orono
City Council considered the revised subdivision application of Rainey
Anderson, 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 2 acres of
contiguous dry buildable land within each newly created lot.
2. The property contains a total of approximately 29.11 acres, of
which approximately 20.07 acres is considered dry buildable.
3. The proposed plat contains six lots each exceeding the 2.0 acre
minimum lot area requirement.
4. Proposed Lots 2 and 3, Block 1 and Lots 2 and 3, Block 2 require a
variance because they do not have frontage on a public roadway.
5. All six lots are proposed to front on and access to a private
road. Lot 2, Block 1 and Lot 3, Block 2 require a variance because
• they do not contain the required 200' lot width as measured at the 50'
front setback line from the cul-de-sac, but do meet the 200' width
standard if private road Outlot B is considered as part of the front
lot line. Lot 3, Block 1 requires a variance because it does not have
200' of frontage abutting road Outlot B, but does exceed 200' in all
dimensions.
6. The private road intended to serve the plat shall be constructed
subject to the conditions of a developers agreement to be executed
between the City and the developer. Standards for this road are as
follows:
. Right-of-way Minimum Width: 50 '
Minimum Paved Width: 24 '
Base: 8" Class 5 100� Crushed
Surface: 3" 2341 Bituminous Surface
Cul-de-sac: 50 ' Minimum Right-of-way Radius
40 ' Minimum Paved Radius
7. It • is intended that the private road be privately owned and
maintained. The City will require that the developer execute the
standard road and utility easement over the private road, and shall
execute the standard Declaration of Private Road Easement and
Declaration for Maintenance of Same. It is intended that Outlot A be
developed as a private road now, and that Outlot B shall be developed
• at such time that Lot 3, Block 1 is divided into 2 or more lots.
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� �� Ci.t� o� ORONO
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• - RESOLUTION OF THE CITY COUNCIL
"" NO. 2239
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8. A separate right-of-way outlot shall be shown on the plat as
Outlot C for purposes of providing for a future connection between the
proposed private road and the plat road preliminarily approved for the
plat of Lot 2, Block 1 of Foxwood so that these two roads may be
connected if deemed necessary in the future
9. Three distinct wetlands exist within the property boundaries and
will be subject to Conservation & Flowage Easements.
10. Due to the future potential for grade changes to South Old
Crystal Bay Road, it is appropriate to require the dedication of a
total of 20' drainage and utility easement along the west line of Lot
l, Block 2, so that future potential road bank cuts do not interfere
with utilities.
11. No additional right-of-way will be dedicated for County Road 84.
12. All four proposed lots of between 2 and 5 acres in area have been
demonstrated to contain suitable sites for primary and alternate
� drainfields to serve the proposed single family residences. A
suitable alternate drainfield site has been demonstrated for I,ot 2,
Block 1 containing the existing residence. Lot 3, Block 1 exceeds 5
acres in area and is not required to be tested for drainfield sites.
13. Single family residences can be constructed on each of the new
lots without the need for further variances.
NOW, TH]3REFORL BE IT RESOLVED, that based upon either one or more
of the f indings noted above, the City Counci l of the City of Orono hereby
approves the preliminary plat for Rainey Anderson at 780 South Old Crystal
Bay Road per the survey attached as Exhibit A hereto by DeMars-Gabriel Land
Surveyors, Inc. subject to the following conditions:
l. The location of the private road access onto Old Crystal Bay Road
South shall be as proposed by the applicant at the existing driveway
entrance serving the existing residence.
2. A variance will be granted for Lots 2 and 3, Block 1 and Lots 2
and 3,- Block 2 which do not front on a public roadway as required.
3. A variance will be granted to the 200' lot width standards for
Lots 2 and 3, Block 1 and Lot 3, Block 2.
4. All six lots shall access to the private road.
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' � � City o� ORONO �
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2239
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5. The private road shall be constructed to City private road
requirements, subject to a developers agreement to be executed between
the City and the developer. Private road construction can begin as
soon as the engineering plans for the road have been approved by the
City and the developers agreement has been executed. Plat road Outlot
A is to be developed now to serve Lots 1 and 2, Block 1 and Lots 1, � 2
and 3, Block 2. Outlot B is provided as corridor for future private
. road access to Lot 3, Block 1. At such time that Lot 3, Block 1 is
divided into 2 or more lots, Outlot B shall be developed to private
road standards. Outlot C is provided for future roadway connection to
the plat road of the subdivision of Lot 2, Block l, Foxwood; this will
stay as a private road outlot, not developed but available to create a
"through" route if these private cul-de-sac roads ever become public
roads. Outlots A and C shall be owned and maintained jointly by the
owner of Lots 1 through 3, Block 1 and Lots 1 through 3, Block 2 and
shall be included in the Declaration of Private Road Easement and
Dedication for Maintenance of Same.
• 6. Standard road and utility easements and private road maintenance
covenant to be filed with the plat.
7. Standard drainage and utility easements to be shown on plat along
lot lines. Provide a 20' wide drainage easement along swale at neck
of Lot 1, Block 1. Provide a 20' wide drainage and utility easement
along the west line of Lot 1, Block 2.
8. Conservation and Flowage Easements to be dedicated over the two
major wetlands and over the low area below elevation 940' straddling
the line between Lots 2 and 3, Block 1.
9. Payment of standard park fees of $200 each for Lots 1, 2 and 3,
Block 2 and Lot l, Block 1, and $100 for Lot 3, Block l. Total =
$900. .
10. Payment of revised application fee for the revised proposal in
the amount of $325.00 per staff inemo of 7/8/87.
11. No building permits will be issued until the private road base
work has been completed and been approved by the City.
12. The private road shall be allowed to access directly to County
Road 84 subject to conditions for such access as imposed by the
Hennepin County Department of Transportation in their required access
• permit.
13. The private road shall be privately owned and maintained per the
appropriate access easement/maintenance documents to be executed by
the developer.
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� Ci.t o� ORONO
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2239
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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:
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per preliminary survey by DeMars and
Gabriel Land Surveyors, Inc. attached as Exhibit A hereto.
b) Dedication of "drainage and utility easements" 10' wide along
all perimeter property lines and 5' each side of internal
property lines, 20' along the west line of Lot 1, Block 2, and
20' in width along the drainageway in Lot l, Block l.
c) Designation and dedication of the wetlands as drainage
easements on the 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 record�d
easements currently affecting the property.
c) Signed and executed Flowage and Conservation Easements; blank
area requiring description may be filled out as follows "over the
drainage easements as shown on the plat of (plat name) " .
d) Signed and executed developers agreement and letter of credit
for construction of the private road.
e) Signed and executed road and utilities easement over the
. private road outlots.
f) Signed and executed "Declaration of Private Road Easement and
' Declaration for Maintenance of Same".
g) Completed "Application for Private Road Name" .
3. FEES TO BE PAID: Total Due $1,525.00
� � a) Park dedication fee per current schedule: 4 new residential
lots at 2-acre density = $200/lot. 1 new residential lot at 5-
plus acre density = $100/lot. TOTAL $900.00.
. b) Final plat fee - $150.00
" c) Legal review and filing fees of $150.00.
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� � - , � � ,. C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� � NO. 2239
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d) Additional fee for revised application - $325. 00
Conceptually adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held July 27, 1987, by a vote of 5-0.
Formal ly adopted by the City Council of the City of Orono, Minnesota at a
� regular meeting held August 10, 1987.
Jame R. yor
ATT T:
orothy M. a11in, City Clerk
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