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Home My WebLink AboutResolution 2826 ' ,�,�V� _a.� . C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2826 � - � • A R$SOLIITION GRANTING PRELIMINARY SIIBDIVISION APPROVAL OF SHADOWOOD FARM PLAT - FOR FIILLERTON PROPERTI$S, INC. FILE NO. 1532 WH$REAS, Fullerton Properties, Inc. (hereinafter "the applicants") on April 27, 1990 filed a formal subdivision application with the City for a division of 13 lots of a property legally described as follows: Refer to Exhibit A attached (hereinafter "the property") and; WH$REAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision and On-site Septic Codes , the Orono Planning Commission held public hearings on May 21, 1990 and June 18, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and • WHEREAS, at their regular meeting held on July 9 , 1990 the Orono City Council considered the subdivision application of the applicant, 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 36.8 acres. 5.8 acres are considered wetlands. 3. The proposed plat contains 13 lots each exceeding or meeting the 2 acre dry contiguous minimum lot area requirement. 4. All lots shal 1 be served by private roads to be constructed within the property. The location of the curb cut of the private road that intersects at Willow Drive has been approved by the City Engineer and the Hennepin County Department of Transportation. 5. 12 of the 13 lots meet the required 200 feet width at the rear of the front yard setback line. The City staff has asked the Planning Commission and Council to consider a lot width variance for Lot 6 in order to open up the building and septic Page 1 of 7 • . � ,,,.,.��;, . �_�� C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL -�: • NO. 2826 � - � � . -.� : envelope for Lot 7. Lot 6's building and septic envelopes have been located to the extreme east of the property. There is adequate lot width between Lot 6 and 7 to meet the required 200' �� width for each of the lots. 6. A single family residence can be constructed on all proposed lots without the need for any variances. 7. Septic testing has confirmed that all 13 lots contain adequate and suitable soils for on site seweage disposal systems to serve 5+ bedroom residences. NOW, TH$REFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Fullerton Properties, Inc. per plat drawings by Mark S. Gronberg of Coffin & Gronberg, Inc. , dated March 1, 1990 , revised June 11, 1990 , and further grants a variance to the standard that would require all lots have frontage on a public road. with the creation of a private road, and further grants a variance to the lot width standard for proposed • Lot 6 subject to the following conditions: 1. Prior to the issuance of building permits for new construction, the final plat must be filed with either the Hennepin County Recorder's office or Registrar of Titles, road base installed and approved by City, and, if all necessary lot , grading, drainage improvements, water quality structures, and paving of road are not completed by final plat approval , the developers must execute a developer's agreement and post a letter of credit (150$ of cost of remaining improvements). 2. The following is a listing of required improvements for this subdivision: a. Private road to be constructed per engineering plan by Mark S. Gronberg dated May 14 , 1990 subject to the changes requested by the City Engineer in his report dated May 30, 1990 as follows : , 1 ) Ditch along Willow Drive to be graded in accordance with City standards. 2 ) Silt fencing should be shown on the grading plan. 3 ) PVI at Station 8 +00 to be moved to 8 +25 providing flatter grade coming into Tee intersection. • Page 2 of 7 `:.P:. �4�� C�t o� ORONO ��. - �' • '°��yt RESOLUTION OF THE CITY COUNCIL ��: . ��'�5 � ' NO. 2826 ,, �.. `• - � ...• . ,�,;;-,$�;;:: .. The following is a bid security required for the project: 1) 5000 cubic yards common excavation at $2.00/cubic yard = $10,000 2 ) 3500 ton Class 5 100g crushed at $8.00/ton = � $28 ,000 3 ) 650 bituminous surfacing at $22. 00/ton = $14 ,300 4 ) 2 acres seeding with 4" topsoil and mulch at $1000/acre = $2000 5 ) Total = $54 ,300 6 ) 50� increase = $27 ,150 • 7 ) Total bid security required = $81,450 By Mark Gronberg dated May 14, 1990, revised June 11, 19 9.0. b. Drainage swales and water quality structures as shown � in the grading and drainage plans. c. Prior to any land alterations or road construction on this site, the following septic envelopes must be fenced: Lot 1, Block 2 - Septic envelopes 1 and 2 Lot 5, Block 1 - Septic envelope 1_ . . Lot 8, Block 1 - Septic envelopes 1 and 2 3. Execution of agreement with James Cox dealing with interim use of aclditional right-of-way of Willow Drive and eventual vacation of unused portion of additional right-of-way upon determination of final upgrade of Willow Drive whether by City based on MSA standard or as future County Road 116. Applicant to advise if they wish the City attorney's office to prepare Page 3 of 7 � • �� C��t o� ORONO � • RESOLUTION OF THE CITY COUNCIL _ • NO. 2826 • - • • agreement. Applicant shall then agree to pay the cost of City Attorney's time. Applicant has"option to prepare agreement for City review and execution. 4. The City has approved the creation of Outlots for the following approved uses: Outlot A - To be legally combined with the James Cox homestead property consistent with previous subdivisions of lot line rearrangements. Upon final subdivision approval , James Cox shall apply for the legal combination of Outlot A with homestead lot. At that point applicant has right to construct accessory structures or use area of Outlot for other permitted accessory uses. Outlot B - Desginated for future road extension to the south. This section of roadway is not to be constructed but is set aside for future road use. • Outlot C - Interior road outlots to be constructed upon final plat approval. � 5. The following list of final submittals must be submitted to _ the zoning administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. Preliminary subdivision approval expires within 1 year of the date of Council approval (July 9, 1991 ) .� a. Record plat drawings in the form of (2 ) mylar copies and (1 ) copy reduced 1" = 200' . Drawing to include: 1) Lot lines platted per preliminary survey by Mark S. Gronberg dated March l, 1990, revised June 11 , 1990. 2) Dedication of "drainage and utility easements" 10' " wide along all per.imeter property lines and 5' each side of internal property lines - omit along the sides of the designated wetlands or lakeshore. • Page 4 of 7 • :yi 5.�, C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 2826 • - � • 3) Designate and dedicate all drainage easements that define drainageway within swales between the shared lot lines of Lots 2 and 3, Block 2, 4 and 5, Block 1 and 7 ; .. and 8 , Block 1. ' 4) Define ordinary high water mark of Dickey Lake at 987 ' elevation. � 5) Define area between elevation 987 and 988 as flood plain district. Designate as drainage easements. 6 ) Wetlands. as designated by staff at on-site inspection as wetland area also as drainage easement. b. LEGAL DOCUMENTS required: 1) Title opinion addressed to the City. Al1 owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. • 2) The applicant must provide certified copies of all recorded easements currently affecting the property. 3) Signed and executed Flowage & Conservation Easement over drainage easements that define wetlands, flood • plain and Dickey Lake. (See copy enclosed.) 4 ) Signed and executed developers agreement and letter of credit for construction of the private road and other improvements. (See copy enclosed.) 5 ) Signed and executed Road and Utilities Easement (see copy enclosed) over Outlot B and C. 6 ) Signed and executed "Declaration of Private Road Easement and Declaration for Maintenance of Same". (See copy enclosed.) Note need to amend for ownership , purposes. If it is to be shared ownership, there is ` need to create a homeowner's association or other vehicle for the multiple ownership. � Page 5 of 7 • . . . � • , ., ,�;:; �. clt� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 2826 • - • • 7 ) Completed "Application for Private Road Name". (See copy enclosed.) The City is aware is that you have selected a specific name but you should provide other � name choices for the two roadways for Council ' s consideration. c. FEES TO BE PAID: Total Due $2,700.00 1 ) Park dedication fee per former schedule: ' $200.00 for 12 lots at $2 ,400.00. Please note no charge for .Lot 5 that contained former residence. � 2 ) Final plat fee = $150 . 00 3 ) Legal review and filing fees of $150 .00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th da,y of July, 1990. • ame R. Grabek, Ma�=ar-- -� ATT T: � � � ,. othy M. a lin, City Clerk STATE OF M NESOTA ) ) ss. COUNTY OF HENNEPIN ) . ..,: ::.. . . .._. . ....�.. The= foregoing � in•strument was acknowledc�e$ :befnre me on this � � 9th day of July, 1990 , hy James R. Grabek & Dorothy M. Hal lin, � Mayor . & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf f the City. � � , Notary Public : NO AR E PUB�L. NAAB ( —��/� HENNEPIN MINNESOTq My Commission Expires ►�'�Y comm�ss►on COUNTY exptras 8-g.92 Page 6 of 7 • � f 1 ' • •• �8't�; . �� Clt o� ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2826 � - • • ,<-?:- Exh�bit A j�F�AT. DESS�RTp�,TON (,.,TQ FI�N FROM ARSTRI�CT Or �ITLEI OF PROPERTY TO BE ,��127VULD" , . That part of the Southwest �uarter of Section 27 , Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the intersection of the centerline of County Road No. 6 and the West line of said Southwest Quarter; thence South along said West line to a point distant 1572.5 feet North from the Southwest corner thereof; thence East at right angles a..distance of 324.5 feet; thence South at right angles a distance of 149.5 feet; thence West at right angles to the West line of said Southwest Quarter; thence South along said West line • a distance of 149.9 feet; thence East at right angles a distance of 324.5 feet; thence South at ri�ht angles to a point distant 825.00 feet North from the South line of said Southwest Quarter; thence East parallel with said South line to its intersection with the West line of tYie East 1091.94 feet of said Southwest Quarter• ; thence North along said West line a distance of 1030.00 feet; thence East a distance of 56_4 feet; thence North to the center line of County Road No. 6; thence West along said center line to the point of beginning_ �