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HomeMy WebLinkAboutResolution 252814 • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2528 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 880 TOWNLINE ROAD APPLICATION NO. 1330 WHEREAS, Fullerton Properties, Inc. on August 24, 1988 filed a formal subdivision application with the City of Orono for approval of a seven lot residential plat of property legally described as follows: The Southwest quarter of the Southwest quarter of Section 30, Township 118 North, Range 23 West of the 5th principal meridian (Hennepin County, Minnesota) (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on September 19, 1988, and October 17, 1988, at which time all persons •lesiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on October 24, 1988, the Orono City Council considered the subdivision application of Fullerton Properties, Inc., noting the following findings of fact: 1. The property is located within the RR-lA Single Family Rural Residential Zoning District requiring a minimum of 5 acres lot area of which a minimum of 2 acres must be contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 40.1 acres, of which 38.4 acres is considered dry buildable. 3. The proposed plat contains 7 lots each exceeding the 5 acre minimum lot area requirement. 4. The proposed Lots 2, 3, 4, 5, and 6 require a variance because they do not have frontage on a public roadway. 5. All 7 lots are proposed to front on and access to a private road. Lots 2, 4, and 5 require a variance because they do not contain the required 300' lot width as measured at the 100' front setback line. • 6. The private road intended to serve the plat shall be constructed subject to the conditions of a Developer's Agreement to be executed between the City and the developer. Standards for this road are as follows: Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2528 Right-of-way minimum width: 50' Minimum paved width: 28' (Urban Section) Base: 8" Class 5 100% crushed Surface: 3" 2341 bituminous surface Cul-de-sac: 50' min. right-of-way radius, .40' paved radius min. In areas where a rural section may be used for short distances, a 3' gravel shoulder shall be provided in addition to the 28' paved width. 7. It is intended that the private road be privately owned and maintained. The City will require that the developer execute the Standard Road & Utility Easement over the private road, and shall execute the Standard Declaration of Private Road Easement and Declaration for Maintenance of Same. 8. The wetland occuring within the boundaries of Lots 2, and 3 shall • be subject to a Conservation & Flowage Easement to be granted by the developer. A drainage easement for Painters Creek shall be dedicated on the plat. 9. Right-of-way of 33' shall be dedicated on the plat for Townline Road. 10. All 7 Lots have been demonstrated to contain suitable sites for construction of single family residences and the soil types within each lot have been preliminarily investigated and are found to contain numerous potentially feasible drainfield sites to serve the proposed single family residences. Each lot exceeds 5 acres and therefore the lots have not been required to complete formal soil testing for drainfield sites during the subdivision process. 11. Single family residences can be constructed on Lots 1 thru 7 without the need for further variances. 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 for Fullerton Properties, Inc., at 880' Townline Road per the survey attached as Exhibit A hereto, by Coffin and Gronberg Inc. dated 8/16/88, revised 9/14/88, revised 10/12/88, subject to the following conditions: 1. A variance will be granted for Lots 2 thru 6 which do not front on • a public roadway as required. 2. A variance will be granted to the 300' lot width standards for Lots 2, 4 and 5. 3. All 7 lots shall access to the private road. Page 2 of 5 • J d Citi of OR,ONO k=; RESOLUTION OF THE CITY COUNCIL NO. 2528 4. The private road shall be constructed to City private road requirements, subject to a Developer's 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 formally approved by the City and the Developer's Agreement has been executed. 5. The private road shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer. 6. The Standard Road & Utility Easement and Private Road Maintenance Covenants shall be filed with the plat. 7. The "island" within the private roadway near the entrance to Townline Road does not meet public road standards. If at some future date this private road becomes a public road, the City reserves the right to have this island removed. 8. Private driveway crossings of the Painters Creek drainageway shall be allowed for each of -Lots 3 and 4, subject to any permit approval the may be required by the Minnehaha Creek Watershed District. 9. A Conservation & Flowage Easement document shall be executed for the wetlands occuring on Lots 2 and 3, and this easement shall be shown on the plat drawing as a drainage easement. A 50' drainage easement centered on the center line of Painters Creek shall similarly be dedicated on the plat drawings. 10. Standard Drainage & Utility Easements shall be shown on the plat along lot lines. 11. Payment of standard Park Fees of $100.00 for each of Lots 1 thru 7; Total = $700.00. 12. No building permits will be issued until the private road base work has been completed and been approved by the City. 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' scale. Drawing to include: a) Lot lines platted per preliminary survey by Coffin & Gronberg Inc. attached as Exhibit A hereto. Page 3 of 5 • • • ` h City of ORONO :. RESOLUTION OF THE CITY COUNCIL NO. 2528 b) Dedication of "Drainage & Utility Easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Dedication of a Drainage Easement 50' in width, centered along the center of Painter Creek. d) Designation and dedication of the wetlands in Lots 2 and 3 as Drainage Easements on the plat. e) Dedication on the plat of 33' of right-of-way for Townline Road. 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 Flowage & Conservation Easements: Blank area requiring description may be filled out as follows "Over the Drainage Easements as shown on the plat of Painter's Woods". d) Signed and executed Developer's Agreement and letter of credit for construction of the private road. e) Signed and executed Road & Utilities Easement over the private road outlot. f) Signed and executed "Declaration of Private Road Easement and Declaration for Maintenance of Same". g) Revised "Application for Private Road Name" containing additional name choices. 3. FEES TO BE PAID: Total Due $1,000.00. a) Park dedication fee per current schedule: 7 new residential lots at 5 acre density = $100.00 per lot Total = $700.00 b) Final plat fee - $150.00. c) Legal review and filing fees of $150.00. Page 4 of 5 d City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2528 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of October, 1988. ATTEST: M alln- City Clerk • Page 5 of 5 • • City of ORONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL NO. 2528 On this day of , 198 before me a Notary Public within and for said county, personally appeared . known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC' MY COMMISSION EXPIRES Page 5 of 5 i�/� A CERTIFICATE OF SURVEY AND PRELIMINARY PLATT/ /T FOR FULLERTON PROPERTIES, INC.o� # 2sZg IN THE SW 1/4 OF SECTION 30-118-23 HENNEPIN COUNTY, MINNESOTA PAINTERS WOODS I I nereE/ cert) r7 tna tnls Is .true .nd correct revreueUtlon e/ � sorry or the Oound.r les er the Sautneen Busrter or lAe South.est Ouster of Section ld, ta•mnly IIB north, tinge Sl nest or lne stn irinclea Mrrldl.e. It does eot Dureort to snot .n, other Iwor...... is or .,• cra.cnnents. comm i GNGMBERs/,, Inc. Mark S. Gro,btry MN, tic. No. 12755 SCALE: 1•-60' COFFIN 81 GRONBERG, INC. DATE 8-16-8B,rw•, �. ,,._, w•.,.„w : ENGINEERS, LANG SURVEYORS AND PLANNERS IRON MARKER ”' LONG LAKE, MINNESOTA DATUM: U.S.G.S. BENCHMARK -..•,•--- : EXISTING CONTOURS ,