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A RESOLIITION GRANTING PRELIMINARY APPROVAL
OF A CLASS III SIIBDIVISION AND
PER MDNICIPAL ZONING CODE
SECTION 10.27, SIIBDIVISION 3 (A)
CONCEPTIIALLY APPROVES A CONDITIONAL IISE PERMIT
FOR A PRD OF 3 RESIDENTIAL IINITS
FILE NO. 1470 � 1706
WHEREAS, William F. Knapp and Evelyn S. Knapp (hereinafter
"the applicants" ) have an interest in the subdivision application
filed on September 22 , 1989 and on December 24 , 1991 filed a
conditional use permit for a Planned Residential Developement with the
City of Orono (hereinafter "City" ) for the purpose of platting 3
residential units, open space outlots, private driveway and private
road outlots. The property is legally described as follows:
See Exhibit A attached to this resolution, Hennepin County,
• Minnesota, (hereinafter "the property") and;
WHEREAS, after due published and mailed notice in accordance
with Minnesota Statues 462.358 and the City of Orono Zoning and
Subdivision Codes, the Orono Planning Commission held public hearings
on October 16 , 1989 , January 16, 1990 and January 21, 1992 at which
times all persons desiring to be heard concerning `his application
were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on February 10, 1992
the Orono City Council considered this subdivision application and
conditional use permit for a Planned Residential Development, noting
the following findings of fact:
1. The property is currently zoned RR-lA, Single Family Rural
Residential. This district is intended to allow a combination of
low density residential development and limited agricultural
activity.
2. This property consists of 17 . 06 acres. There is a major
drainageway or ravine that intersects the property. Major
portions of steeply sloped topographies make up the remaining dry
buildable lands.
3. The unusual shape of the property prevents the property from
_ being developed under lot standards for a conventional plat.
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4 . Per Section 10.32 , Subdivision 2 :
Allowed per total acreage = 3 units (total acreage = 17.06 acres)
Proposed = 3 units
5 . All lots shall be served by the new private road, Outlot C, and
private driveway, Outlot D. All structures within PRD shall be
located 50 feet from Outlot D.
6 . Each residential pad has been found to have suitable soils for
both a principal and alternate on-site septic drainfield. Septic
drainfield areas have been located within each individual
building pad.
7 . The subdivider shall grant access easements to the Nature
Conservancy property and the property to the northeast that is
landlocked.
8 . The City has approved special setbacks for all residential
construction within each defined building pad or lot as shown on
the preliminary plat as follows :
50 ' front/rear
30 ' side
26 ' from easement designating drainageway/ravine.
9 . The City has recommended that a road corridor to the Luce Line
not be provided and that access to the Asao and Deters property
to the immediate northwest need not be provided via this property
at the time of this plat.
NOW, THEREFORE BE IT RESOLVED, that based upon either one or
more of the findings noted above, the City Council of the City of
Orono hereby approves the preliminary plat of Bayside Woods per plat
drawings by Hansen Thorp Pellinen Olson Inc. dated September 12, 1989,
revised September 7, 1990, and conceptually grants a conditional use
permit for a Planned Residential Development of 3 single family
detached dwellings, subject to the following conditions:
l. Outlots A and B shall be set aside as area credit for the 3 unit
Planned Residential Development known as Bayside Woods.
Applicant shall create open space, flowage and conservation
easements over said outlots. Samples of such easements have been
enclosed for applicants use.
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2. Outlot C shall be developed as a private road at a 50' width.
Said road shall be built per City standards except that the cul-
de-sac area of the road shall be developed in a loop design so as
to minimize impact on existing trees and steeper elevations.
Subdivider is advised that building permits for new residential
construction cannot be issued by the City unti 1 bed of private
road has been installed and approved by the City. Road
construction cannot commence until the subdivider has submitted
engineering plans and the engineering plans have been approved by
the City Engineer. In addition, subdivider shall execute a
Developer's Agreement (see sample enclosed) and post a Letter of
Credit (see sample enclosed) to be written to 150� of the cost of
road improvement.
3. Outlot D shall serve as the private driveway outlot to be platted
at a 30' width. Road to be constructed to a 16' width based on
the topographic concerns and location of mature densely populated
trees. It is strongly recommended that the private driveway be
constructed at the same time private road is constructed.
Developer's Agreement and Letter of Credit will not cover private
driveway construction.
4 . �rainage easement to be taken over portion of Outlot B that
divides Lots 1, Block 1 and 2. In addition the City shall ask
for a 30' wide drainage easement within Lot 1 , Block 1 over
drainageway that runs from south to north.
5. Special construction setbacks approved with this PRD are as
follows:
50 ' f ront and rear
30 ' side
50 ' from Outlot D.
It should also be noted that a 26 ' setback shall be required from
the drainage easement that is located between the shared lot
lines of Lots 1, Block 1 and 2 and drainageway that intersects
Lot l, Block l.
6 . No residential construction or land alterations shall be allowed
within areas that exceed 18g slope.
7 . Accessory structure may be located in front of the front line of
the principal structure on Lots l, Block 1 and 2 .
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8 . Dedication of 33' of right-of-way for Bayside Road. County has
asked for an additional 7' dedication. The Comprehensive Plan
defines this portion of Bayside Road as a collector road.
Maximum right-of-way width shall be maintained at 66' width.
9. Subdivider to grant open space easement �over Outlots A and B,
shared/commonly owned open space areas of PRD, open space
easement to include access easement to Nature Conservancy
property to northwest. Easement to be created over narrowed
portion of Lot l , Block 1 and Outlot A and at a minimum 20'
width. See sample enclosed.
10 . Applicant to select name for road. See form attached. Road name
approval is a separate action of Council. As soon as applicant
has selected name choices, staff shall schedule applicants
request before the Council. (See sample attached.)
11. Please refer to enclosed covenant for maintenance of private
roads. Applicant may wish to include language within private
covenants for Planned Residential Development. Applicant has
option to either execute enclosed covenant or to include in
comprehensive covenants for PRD. Please note your covenants
should include upkeep and maintenance of shared open space areas
within Outlots A and B.
12 . FINAL PLAT SUBMITTALS:
The 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:
A. 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). In addition, (1) copy reduced to 1"=200'.
Drawing to include:
1 ) Al1 items as specified in the appropriate conditions
noted above; i.e. private road outlot to be at a 50'
width, private driveway outlot at a 30' width. Lots to
be designated as shown on drawings by Hansen Thorp
Pellinen Olson Inc.
2 ) Drainage easement shown over area of Outlot B that
divides Lots 1, Block 1 and 2 and over drainageway
within Lot 1 , Block 1 at a 30 ' minimum width.
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3 ) Dedication of 33' of right-of-way for Bayside Road.
4) 10 ' wide drainage and utility easements along
perimeter of all lot lines.
5) Rename plat a.s City already has a plat named Bayside
Woods.
Upon the submission of all final submittals, applicant
is to provide confirmation that new access easement to
serve property to northeast is included within outlot.
B. OTHER SUBMITTALS REQUIRED:
1 ) Executed open space easement over Outlots A and B to
include access easement to City to Nature Conservancy
property.
2 ) Executed Drainage Easement over defined drainageways.
3 ) Road name request form completed.
4 ) Executed Developer's Agreement and Letter of Credit to
be written to 150� of the cost of construction of road.
5 ) Private Road Maintenance Covenant.
6 ) Covenants for PRD.
7 ) Executed Road and Utility Easement over Outlot C,
private road.
13 . FINAL PLAT FEES TO BE PAID: Tota1 Due $500. 00
A. $200.00 park dedication fee. Note preliminary subdivision
application was filed prior to the new Park Dedication
Ordinance approved by Council on April 30, 1990. ( $100.00
for each residential unit at 5+ acre unit density)
B. Final plat fee = $150 . 00
C. Filing of plat and associated documents = $150. 00
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Adopted by the City Council of the City of Orono, Minnesata
at a regular meeting held this lOth day of February, 1992.
Preliminary subdivision approval shall expire one year from the date
of this approval , February 10, 1993. Failure to meet the one year
deadline shall require the filing of a new subdivision application
with the City. _ _
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Barbara A. Peterson, Mayor
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0 othy allin, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
lOth day of February, 1992 , Barbara A. Peterson & 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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NOTARV PUBLIG-MINNESOTA N ot a r y P ub 1 i c
HENNEPIN COUNTY
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`��kESH��:"'� NO. 3069
EXHIBIT A
The Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 31, Township 118, Range 23 , West of the 5th
Principal Meridian.
That part of the Northwest Quarter of the Northeast Quarter of Section
6 , Township 117, Range 23 , West of the 5th Principal Meridian
described as follows:
Commencing at the Northwest corner of the Northeast Quarter of
said Section 6 ; thence east along the northerly line of said
Section 6 a distance of 514 feet to the point of beginning of
land to be described; thence deflecting to the right 117 degrees
3Q minutes a distance of 589 feet to the centerline of County
Road No. 84; thence deflect left along said centerline a distance
of 180.00 feet; thence deflect left 81 degrees 19 minutes a
distance of 662.11 feet to a point on the north line of said
Section 6 distance 216.55 feet east of the point of beginning;
thence west along said north line a distance of 216.55 feet to
the point of beginning.
The East 1/2 of the Northeast Quarter of the Southwest Quarter of the
Southeast Quarter of Section 31, Township 118 , Range 23 , situated in
the County of Hennepin, State of Minnesota.