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HomeMy WebLinkAboutResolution 3069�kESH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND PER MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 3 (A) CONCEPTUALLY APPROVES A CONDITIONAL USE PERMIT FOR A PRD OF 3 RESIDENTIAL UNITS 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: t 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, this 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. Page 1 of 6 O O, O S-ELO CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 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. 1011 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 Pel linen 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: 1. 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. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 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 until 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. Drainage 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' front 30' side 50' from and rear 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 1, Block 1. 6. No residential construction or land alterations shall be allowed within areas that exceed 18% slope. 7. Accessory structure may be located in front of the front line of the principal structure on Lots 1, Block 1 and 2. Page 3 of 6 O O \�kESH0 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 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 1, 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 f orm 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"=2001. Drawing to include: 1) All 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. Page 4 of 6 I • j O O kESH�g/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 - 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 as 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: Total 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 Page 5 of 6 0 C SIU40 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th 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. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN a A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 10th 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. GAR01.E A. HASEMAN 8040.0 0,"9,'y NOTARYWIM-M14NESOTA Notary Public HENNEPIN COUNTY MY COMMISSICN EXPIRES 0.23-W Page 6 of 6 • 001. OP The Southeast Quarter Quarter of Section 31, Principal Meridian. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 EXHIBIT A of the Southwest Quarter of the Southeast Township 118, Range 23, West of the 5th 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 30 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.