HomeMy WebLinkAbout#4641-Prelim. plat-2001 4100 Watertown Rd (LS B1)
, ' ' 505 Orchard Park Rd (L6 61)
� 575 Kokesh Farm Rd ( L2 B1)
���-�\ -�560-Kokesh Farm Rd ( L3 81) �
�� O�\ 515 Kokesh Farm Rd (L1 61)
490 Kokesh Farm Rd (L4 61)
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��b - CITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION APPROVING PRELIMINARY
PLAT FOR PROPERTIES LOCATED AT
4100 WATERTOWN ROAD AND 50� ORCHARD
PARK ROAD
FILE NO. O1-2663
WHEREAS, Craig Alshouse, on behalf of CPV Development Company, LLC.,
(hereinafter the "subdivider") has an interest in the properties located at 4100 Watertown Road and
505 Orchard Park Road,and has filed an application with the City of Orono (hereinafter"the City")
requesting a six lot plat for property legally described as:
Attached hereto as "Exhibit A"
(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's Zoning and Subdivision Codes, the Orono
Ylanning Commission held a public hearing on March 19, 2001 at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on April 9, 2001 the Orono City
Council considered the subdivision application of the subdivider noting the following findings
of fact:
FINDINGS
1. The property is located �vithin the RR-lA Single Family Rural Residential
Zoning District requiring a minimum of five acres dry buildable land within each
newly created lot, and a minimum of two acres contiguous for the individual
building sites and drainfield sites.
2. The property contains a total of 37.06 acres of land.
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3. T'he proposed plat consists of six residential lots each meeting the minimum lot �
size requirement as established for the RR-lA (5 acre) zoning district.
4. Lots 1, 3, 4, 5 and 6 each meets or exceeds the 300' minimum lot width
requirement for properties in the RR-lA zoning district.
5. Lot 2 has a lot width of approximately 220' requiring a variance to the 300'
required width at the structure setback. The City of Orono has approved
variances for lots that front on a cul de sac at the time of subdivision when the
lot can demonstrate a suitable building site and have dimensions similar to other
surrounding lots.
6. The property is located in the RR-lA (5 acre zoning district). The
Comprehensive Plan and the Zoning Code intent for properties in the zoning
district is to provide a combination of low density residential development and
limited agricultural activity. The lot is. surrounded by properties that are
developed as low density residential developments and small horse farms.
7. There are two residences on the property. One is the existing primary residence
and a second residence is located at 505 Orchard Park Road. The Orchard Park
lot was purchased and combined in 1996 by the current owners. The primary
residence, shown on proposed Lot 5 is located approximately 50' from the front
property line. A variance shall be approved with the final plat that would allow
the building to remain on the property. The house located on proposed Lot 6
is located over the front properiy line. A variance shall be approved that would
allow the structure to remain on the property.
8. Several variances and conditional use permits have been granted to permit
additions to the�residence on proposed Lot 5. Said variances shall be released
from the entire property to not appear on titles of any newly created lots.
9. In December of 1985 the City Council adopted Resolution No. 1894 for
variances and a Conditional Use Permit to allow the keeping of domestic
animals for commercial purposes and to allow the continued use of the property
for a public riding stable based on conditions that the total employees hired by
the applicants to assist in the commercial horse operation shall not exceed five
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full and part time employees, except for special events to be approved by the �
Council. The riding lessons are to be provided by members of the property
� owner's family. One additional important condition was the City shall review
the Conditional Use Permit annually, however annual reviews had not been
necessary. The approvals granted by the CUP shall be released from the title
as the use does not carry to the new properties.
10. The keeping of domestic animals for non-commercial purposes is a permitted use
including horses for the use of the occupants of the premises. A minimum of
one acre in aggregate, exclusive of one acre for the principal building, must be
available for each animal unit, except as hereinafter set forth.
11. A minimum of two acres of open pasture must be available for a single horse
and one additional acre must be available for each additional horse. When the
horses are kept stabled and do not require pasture for feed purposes, the
minimum pasture requirement may be adjusted at the discretion of the Council.
Such minimum pasture acreage shall not include low lying lands unusable for
pasture or grazing. Any person keeping such animals must comply with the
provisions of the City Code.
12. The use of an accessory building for keeping animals for non-commercial
purposes is a permitted use provided it is for the non-commercial use of the
property owner or resident and meets the available area standards outlined in the
paragraph above (Section 10.20, Subdivision 3 (M). Further, no such structure
shall be located less than 150 feet from the nearest adjacent residence and no
closer than 75 feet from the nearest lot line.
13. The use of accessory buildings or land for the storage or rearing of animals not
owned by the property owner or resident requires a conditional use permit.
Further, no such structure shall be located less than 150 feet from the nearest lot
line.
14. To permit the barn and riding arena to r.emain on the property variances shall
be approved that would allow the non-conforming structures on a 7.3 acre lot.
The riding arena and barn were originally built before standards were established
regarding the size and number of oversized accessory building allowed on an
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individual property. The riding arena was built on a lot similar in size to the �
lot that would remain after subdivision. Maintaining, but not expanding, the
barn and riding arena would contribute to the rural chazacter of the property. The
following variances are required to permit the buildings to remain on the -
property following the final plat:
A. To permit two oversized accessory buildings on one lot where one is
allowed.
B. To permit two oversized accessory buildings larger than the 3,000 s.f.
maximum allowed for oversized accessory structures.
C. To permit 14,497 s.f. for all accessory buildings where 6,000 s.f. is
allowed.
15. City protected wetlands were those identified by the City in 1974 and appear on
the City's Wetland Inventory Overlay Maps and are subject to the provisions in
Section 10.55, in addition to WCA regulations. The protected wetlands are
protected at the time of subdivision by the developer by granting of a
"Conservation and Flowage Easement" and further are identified as "Drainage
Easements on the official plat mylars. Section 10.55, Subdivision 15 defines the
minimum lot area requirements shall be interpreted to not allow protected areas
as part of that lot area. City protected wetland axeas within the regulatory
boundary are not credited toward dry buildable area for zoning purposes.
16. Watertown Road and Orchard Park Road are maintained by the City of Orono.
Subdivision Code requires the land shown as Watertown Road and Orchard Park
shall be dedicated to the City. Land to be dedicated to the public for right of
way purposes is shown on the preliminary plat drawing dated 3/28/O1.
17. A 12' trail easement is proposed along the property lines between Lots 3, 4 and
6. The intent of the trail is to provide for a future path to allow property
owners within the development to access Lot 5. There is a future potential the
barn and riding arena would be used by the owners of Lots 1-4 and Lot 6. The
trail would allow access for those properiy owners to Lot 5.
18. A 50' pasture easement, in favor of Lot 5 is proposed over the south 50' of Lot
6.
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19. The proposed private road to be constructed in Outlot A is 950' in length. This
length is allowed for roads ending in a cul-de-sac. The platted Outlot A cul-de-
sac (100') and road (50') meet established standards for width in the Subdivision
Ordinance.
20. Private residential streets serving four units are required minimum paved width
of 24' and the cul-de-sac is to be paved with a 40' radius. Construction
standards are established in the Subdivision Ordinance in Section 11.33,
Subdivision 4.
21. Lots 1-4 require access to the new private road to be constructed in Outlot A.
Lot 5 has had a direct access to Watertown Road. Lot 6 has access to Orchard
Park Road. A Homeowner's Association will be responsible for maintenance of
the private road, horse trail, and stormwater management facilities and pond.
22. The City Engineer has reviewed the stormwater management plan and has
conceptually approved the plan and location of stormwater facilities.
23. The City On-Site Systems Manager has approved the septic design and has
determined each lot demonstrates a primary and alternate site in a location to
meet all required setbacks.
NOW, THEREFORE, 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 and conditional use permit for CPV Development Company, LLC.
be approved per preliminary plat drawings by Martin P. Campion, a registered engineer of Otto
Associates Engineers and Land Surveyors, Inc., revised date 3/28/O1, attached as Exhibit B,
subject to the following conditions:
1. The final plat drawing shall indicate the property lines as depicted on the
preliminary plat drawing noted above.
2. Setbacks shall be shown on a revised site plan to be submitted with the final
plat.
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'�' RESOLUTION OF THE CITY COUNCIL
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(Private Road) �
3. The private road, to be constructed within Outlot A, shall be developed to City
requirements (Section 11.33, Subd. 4) for private roads serving 4 units. Code
requires a 50' platted right-of-way, and the minimtun paved width of the street
to be 24'. The cul-de-sac shall be platted 50' in radius with a minimum paved
radius of 40'
4. The private road will be constructed with rural sections, subject to review and
approval by the City Engineer.
5. Private road construction shall be 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 as well as stormwater
management plans have been approved by the City, the Developers Agreement
has been executed, and the final plat has been recorded with Hennepin County.
6. The private road shall be privately owned and maintained per the appropriate
access easement/maintenance documents to be executed by the developer. The
developer shall create a homeowners association for such ownership and
maintenance.
7. No building permits will be issued until the private road base work and all
stormwater management improvements have been completed by the developer
and approved by the City.
8. The developer shall grant to the City an underlying Road and Utilities Easement
for Outlot A.
(Landscaping)
9. Subdivider shall plant boulevard trees along the private road per the requirements
of Section 11.60, Subd. 2.
(Stormwater Management Plan/Wetlands)
10. Subdivider shall construct stormwater management improvements generally as
shown on the Preliminary Grading, Drainage and Erosion Control Plan dated
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2/16/Ol subject to any revisions of said plan as may be required by the City
Engineer. A final Grading, Drainage & Erosion Control Plan must be approved
by the City Engineer prior to final plat approval. Subdivider shall grant drainage
and utility easements over the stormwater pond located on Lot 1.
11. Subdivider is hereby advised that the City will not grant final plat approval until
the MC WD has approved all grading and drainage improvements on the
property.
12. Subdivider shall grant Flowage and Conservation Easements over City protected
wetlands and show the wetlands as a `drainage easement' on the plat.
13. Standard Drainage and Utility Easements shall be dedicated on the final plat 5'
along interior property lines and 10' along exterior property lines and Outlot A.
(Barns and Riding Arena)
14. Variances shall be approved to permit the barn and riding arena on the property.
15. Subdivider and property owner shall enter into a restrictive covenant that limits
the use of the barn and riding arena to uses accessory to livestock. The
covenant shall restrict any use related to the keeping of livestock to
commercial/private, per the requirements of the Municipal Code, and not permit
any expansion to the use or structure of the buildings.
16. Commercial use, including boarding of horses not owned by the occupants of the
property and/or commercial use of the riding arena shall not be permitted
without conditional use permit approval by the City Council.
17. The remaining accessory buildings located on Lots 1-4 and Outlot A shall be
removed prior to the issuance of building permits as accessory buildings are not
permitted on lots without a principal structure.
(Park Dedication)
18. Payment of standard Park Dedication Fee or dedicate land per City ordinance.
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'� RESOLUTION OF THE CITY COUNCIL
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19. Subdivider is hereby advised that preliminary subdivision approval will expire �
one year from the date of Council preliminary plat approval. Should the
subdivider fail to complete the filing of the final plat application within the year
deadline, it shall be necessary for the subdivider to file a new preliminary
subdivision application with the City.
Final Plat Submittals:
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. These submittals are as follows:
1. 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) and one (1) copy
reduced to 1" = 200'. Drawing to include:
a. Lot lines platted per preliminary survey by Martin P. Campion of Otto
Associates Engineers and Land Surveyors, Inc. dated March 28, 2001.
b. Dedication of drainage and utility easements 10' wide along the exterior
boundaries of property and 5' along the internal lot lines.
c. Designation and dedication of drainage and utility easements over
detention ponds and drainageways as shown on preliminary grading,
drainage and erosion control plan.
d. Designation and dedication of drainage easements over all City protected
wetlands as shown on the preliminary plat drawing.
e. Designation of Outlot A to serve as a private roadway.
f. The naming of 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.
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b. The applicant must provide certified copies of all recorded easements �
currently affecting the property.
c. Signed and executed Developer's Agreement and letter of credit for
approved site improvements, landscaping and construction of private road
(Outlot A), stormwater and drainage facilities, etc.
d. Signed and executed Flowage and Conservation Easement over the
wetlands within the development.
e. Signed and executed Road and Utilities Easement over Outlot A.
.
£ Signed and executed "Declaration of Private Road Easement and
Declaration of Maintenance for Same".
g. Signed and executed easement in favor of Lots 1-6 for use of the riding
trail.
h. Signed and executed easement agreement for 50' pasture area within Lot
6 for use by Lot 5.
i. Signed and executed restrictive covenant document limiting the use of the
barn and riding arena on Lot 5.
j. Completed "Application for Private Road Name".
3. Fees to be paid: Total due: $425.00*
a. Final plat fee = $225.00
b. Legal review and filing fees for subdivision and associated documents =
$200.00
c. Park Dedication Fee shall be determined by the City Assessor based on
the fair market value of the undeveloped land at the time of preliminary
plat approval. The subdivider shall be advised as soon as Assessor's
report has been filed with City. Park dedication fee shall be based on
8% of the fair market value of land within the plat.
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NO. t)
Adopted by the City Council of the City of Orono, Minnesota at a regular �
meeting held this 9th day of April, 2001.
ATTEST:
�� � ��.
r ;n�a C `IPP r;+., riPr� Barbara A. Pete son, Mayor
�j��.� C��lX-�t-, �j�u�/ �'-���-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of April,
2001, by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
L��Y�/
' Notary Pu lic
,-"`" MARY ANN JOHNSON
NOTARY PUBLIC•MINNESOTA
�Conr�ion Expires Jan.31,ZOOS
Page 10 of 12
;
� Prcperty DescriptJon o/RecaO
' •� ; (Fran Schedule A Ch/cogo RGs lnsumnce PoficyNa a�s�9z-cr:i) Exhibit A
. • �
! Pc�ce/ 1:
! The SouN R�orter oI fhs Norfhsos! Oucrter oI Ne SautheosF Q�orter of Ns Hwtheoat Ouorter
cnd Me NorN Qtio�tx o/Ne Sovfhsoet Ouortx o/!he SouNeast Ouorter o/fhs Northsost
� LUcrter of Sectton J1, TownsAip 11� Ranys?3.
Pcrcd 2:
� fia!port of ths West one-fw�th o/Ne Southeost Grortx of fAe NortAeost Ovorter, SscHon 37,
_ TownsAlp Il�Ronye 2J descnbed as canmarcing ot fhe intxssction o/th� cenler lins o1 ths
Watsrtown RooJ with o lins J3.00/sel West of,meosvred ot r7qltt angles to ond porolfal vTth ths .
faat fine of soiJ Wes! one-fourN oI the SouNaast Urater o/fhe Norihsast Ovartsr, Nancs
NarN,parolfd wfth sald fost line, a diatonee of 1J5.00 Jse� thence Eos4 ot right on9/es, o
�istanca o/35.00 feat to fhe pabt o/Deg/nainy:,thence Wes4 ot right ongles to said£ost Gne, a .
�%stance of 70.00 fee4 fha+ce SoutA,parallal with said Eos!fine, to fhe center lins o/sold rood
Nence Southeosterly dmg soiJ cantx line to soie East line; thence North along soid£ost lina to •
Ne point o�bsylnniny. � ,
Pcrce!J: ' .
' Jhe Swfh 7.50 ocrea of tMe Ewt Ouarter o/the Northeast Qoarter oI SecUm Jt, Townsfiip !1�
Ronye?3 ona Not port ol Uie Eoat Ndf of fhe South 27.50 omss o/the Wut Ho1f o/fhe Eos!Hd1
o/tlre Nwtheast Guwtar lyfny NcrN o/the YYatxtown RooO deacnLed as Dsginnirq ot fhs
NortAwest comer oI Ne South 7.50 aras oI fhe Eaat Guorter o/fhe NorU+sost Ouartar o/soiC
Secfian 31; Nance Nwth a/ong the foat line o/said£ost Ho/f oI Ne South ?7.50 orfes o/Ne
W:st Haf/of fhe East Ha!/o/Ne Northaost Ouortu, o distanca of?64.00 hat; fhance Wast
pc�dJd wiN Ne North line o/Ne South 7.30 ocres o/Na East Oua�tar of the Northacst Ouorte,
a distancs of l65.00/ea� tAa�ca Soulh parodd wilh tha oforementioned Eost fina to tha eentafine
o/fha Wotartown Rood,� Nrnce Southeastarfy olany aoid cantaAine to!ts inlersection wlth the
Wast lina oI the Soulh 7.30 acres o/the Eott Ovarter o/Me Natheoat Quarter, Nenca North
o/ong said line to tha point o/Dey/nninq.
Pcrcd 4:
The Wesf JI6.30 feet o/the SouN /08B.f0(eet ol Ne Wast Nal/of tha SouN ?7.50 ocres tAe .
West Nafl of Ne Eost Half o/Na NorNeost Guorter o/Saetiar Jl, Townsh/p 11B. Ran9e 23 ly+a9
NorN o/the Cantaline o/Ne Minneopola�0 Nbtartown Road.
Pareel 3:
� 7Not port o/the foat Hafl o/Ns SouN 27.50 avea o/Ns Weat NoII oI ths Eoat Holl oI the
NorNsost Gbortx fying Nath oI ths M/nneopd/s ond Watartown RoaO deaerlbed os bep/nning ot .
Ns Narthwest tomx o/the SoutA 7.30 ocres ol fhe Eoat Quorter of fhe NorNaaat Wartx o!
Seetfon Jl, Townahip 118, Ranye?J,• thenee North da+9 tha Eaat!he o7 sold Eost Hol/o/Na
Scuth 27.50 orres oI the Wsat HaII o/Ne fost Hol/o/the NwNeost Gliorter, o datonee oI
15�.00 /eat to the octuo!polnt oI Deglnnlny oI lond to ba deacnbed; Nents ca�Hnufng NarN
Gong Ne Eoat!!na o/sald East Ho/l of the SavN 27.50 acres oI!he West Hal/_o/ths Eost Hd(oI
G�e NorNaast 01�o�t�to fhe Northeaat eomer Nereol.' Nence Weaf a/ong Ne Na�tA flne ol tAs
SoutA 27.50 acrsa to the Weat Ifns o!Ne East Hal1 of the NortAeost Ouorta; Nenee Souther/y on
Ne West pne o/the£oat Hall oI Ne Ndthsoet Ouartx fo ths cantar!!ne o/ths luinnaapdfs an0
Walutown RooE; thencs Southeasterly along aaid cmtx Ifns to!ts htersect/on witA o flne drown
I6S.00 /aet Weat of Ne Weat 1lne o/the South 7.50 oaa+oI ths£est Qucrtx of Me Nartheoat
Cvortar, thence Nath porolld w/Ur and l65.00 leet Weat o/the Weat 1Tne o/so/d South 7.30
ecrea 6/6.98 leet to o polnt 165.00 feat West o/Ne aelual polnt oI beglnning; thanee faat I63.00 �
/eet to ths aetuaf polnt o/beginnlny.
Paree/ 6:
71ie West Ouarta�ol Ne SouN Thres-ErgAte oI Ne Northeoa! OYrartar oI Ne Nartheost Oua�rtx,
cn0 Nol port o!tha Weat Ouarler o/Ne SouNeoat Ouorte�o/the Nwtheost Quorter Qfng NcrtA •
of Ne centx llne oJ the Minneapdia and WatMown RoaC, h Saetion Jl, ToMnship 1IB, Ranys
IJ, ereepL•
The Weat Jl6.30 fset o/Ne So�th fQdd70 Iaat o/Ne Weat Hdl o/ths SwM 27.50 acret o/tAe
Waat Ndf of!he East Hol/o/fhe NarNeaat Ouortar o/Section J/, Township 1f� Ronge 23 lytng
Narth of Na eantx line o/the Minnsapdia cnJ Watrtown RoaO.
AI!in H�nap&i County, Minnasota � �
� ' ' Survvyor'a Nole:
TT�ars!a a gop tn fhe ex/ating property daacrlptian� for the North Ouorter o/Ne SouNaoat OuMer
o/Ne Southeaat Oucrter oI NatAea�t Ouo�ter ond Ne Soufh 7.50 oeres o/Ns Eoat Ouorter uI U+e
Norfheoat CLo�tar(Parce/J). We how ahosn this gcp (aee detoa)on0 writtmn o descnpUon far
the gop and auggert an clfomey be contacled to rasdvs thia proDian.
Suggasted Oescription o/Cop:
Jrot part ol ths SouNaost GLortx o!Ne SovNeost Ouorfa o/fhe Northeast Qrartx oI Sactian
31. Townal+�p IIB, Ranga 2� Nennep/n Covntr Minnesota, Not lies North o(Ne NorN li�e o�
fhe SwN 7.30 aves Neraol onC So✓tA o/Ns SauN lins o/fhs Nwth Ouortei o/sai0 SouNeast �
� O�c�tr of Ns SwtAaast Ouortar o/Ne NorNeast Qvartar.
Page 11 of 12
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