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HomeMy WebLinkAbout#3966-Prelim. division approval-1997 w . . , � O� O O '� = �e - CITY of 4RON0 � =� ,� � �� G�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. e`3 � �'D �'i A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR A PROPERTY LOCATED AT 1220 LYMAN AVENUE - FILE NO. 2279 WI�REAS, G. Marc and Tracy S. Whitehead (hereinafter "the subdividers") on 7uly 25, 1997 filed a formal subdivision application with the City for approval of a four lot residential plat of property legally described as: Refer to Exhibit A attached (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 Planning Commission held a public hearing on August 18, 1997, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon, after which the Hearing was continued to September 15, 1997; and WHEREAS, the Planning Commission held the continued public hearing on September 15, 1997, at which time applicants' revised proposal for a 3-lot subdivision was reviewed and all persons desiring to be heard concerning the revised application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 22, 1997, the Orono City Council considered the subdivision application of the subdividers 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 two acres of contiguous dry buildable land within each newly created lot and 200 feet of lot width. 2. The property contains a total of approximately 11.1 acres of which approximately 8.6 acres is dry buildable land as defined by City ordinances. Page 1 of 9 � . � O ' Y O O " _ �b� CITYof ORONO � =- � �. ti ��t �G'�' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. _ .'4 � � � 3. The proposed plat consists of three residential lots each meeting the minimum requirement of two acres of dry buildable area. Lots 1 and 2 meet the required lot width of 200' at the rear of the 50' front/street setback line. Per Zoning Code Section 10.28 Subd. SB, Lot 3 requires a variance of 20' or 10% because it is only , 180' in width at the rear of the 50' frontlstreet setback line. Lot 3 contains an existing residence. 4. Lot 1 is by definition a 'back lot' and meets 150% of the lot area requirement of the RR-1B Zoning District. By definition the east line of Lot 1 is the front lot line, which for a back lot normally requires 150% of the 50' RR-1B front setback for the principal residence, or 75' per Subdivision Code Section 11.31 Subd. 5. At its September 15, 1997 meeting the Planning Commission recommended approval of a front setback variance for Lot 1, finding that due to the orientation of Lots 1 and 2, there will be no impact on Lot 2 by constructing a residence on Lot 1 only 50' from its front lot line rather than the required 75', and this relaxed setback requirement will allow construction of a residence on Lot 1 to minimize impacts to the steep slope to the west of the proposed house site. The south line of Lot 1 is its side lot line, and the subdividers have agreed to a minimum 50' setback for construction along that line where a 45' setback would normally be required for this back lot, as additional buffer to the adjacent property. 5. All three lots have been found to have adequate and suitable soils for on-site sewage treatment systems. The On-Site Systems Manager has approved a variance for setback to the wetland on Lot 2 for three of the six identified drainfield sites. 6. Lot 3 will continue to be served by the existing easement driveway access to the private segment of Lyman Avenue. Lots 1 and 2 will access the public portion of Lyman Avenue via Outlot B, a shared private driveway corridor. This requires a variance to Subdivision Regulations Section 11.33, Subd. 4 which would require a 3-lot subdivision to be served by a 24'-28' paved road system. The public portion of existing Lyman Avenue is paved at a 12-15' width currently serving 8 homes with a potential of 3-4 additional homes. The private portion of Lyman Avenue, which will continue to be used by Lot 3, is a 12' gravel driveway serving 5 homes with a potential for 1 or 2 additional homes. Planning Commission at their September 15, 1997 meeting concluded that the two new building sites can Page 2 of 9 , � � O� � O O : �b CITY of ORONO � �� � � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kES80g'� NO. :3 4 R � best be served by a shared driveway accessing the public portion of Lyman Avenue based on the following findings: a. Due to topography, wetlands and site layout including the location of the existing residence and its septic system, the only feasible location for a private road and cul-de-sac within the property is along the southwesterly property boundary directly adjacent to the residence at 1290 Lyman Avenue. b. Because the house at 1290 Lyman is only 30 feet from where such a road would be located, its east side setback would become non-conforrning as a result of such a road because the RR-1B district requires a 50 foot side street setback. c. A private road would have negative impacts on the residence at 1290 Lyman Avenue due to traffic noise, lights, etc. which would reduce the privacy enjoyed by that property. d. A private driveway serving only Lots 1 and 2 could be constructed to have relatively minimal impact on 1290 Lyman Avenue, especially in conjunction with creation of a 20 foot buffer outlot (shown on the preliminary plat drawings as Outlot A) between the proposed 30 foot Outlot B and 1290 Lyman Avenue. Outlot A is intended to remain undisturbed and function as a separation and vegetation buffer, subject to restrictive covenants. An option, but not a requirement of this approval, is sale or transfer of Outlot A to the owner of 1290 Lyman for legal combination with 1290 Lyman. _ e. The subdivider should provide an acceptable grading and drainage plan for the shared driveway in Outlot B prior to final plat approval. The driveway when constructed by future owner(s) of Lots 1 and 2 shall adhere to the approved plan, unless the City approves an amendment to that plan. f. At the time of building permit approval and driveway construction for Lot 1, the owner of Lot 1 should provide additional screening neaz the southeast comer of Lot 1 su�cient to�nimi�e and reduce vehicle headlights shining into the rear yard of 1290 Lyman Avenue. Page 3 of 9 � o� 0 0 -- _ ��. CITY of ORONO � �- � �, ti ��� �G�' RESOLUTION OF THE CITY COUNCIL �'kESHOg' NO. e� � �i � 7. The existing private easement road at the southeast corner of the property has a curve radius that does not meet City standards and as a result has poor sight distance due to existing topography and vegetation. The primary mound drainfield site for Lot 2 is near the inside of this curve. Planning Commission on September 15, 1997 recommended that public right-of-way be dedicated over this portion of private road to allow a future upgrade of this curve. Planning Commission further recommended that the City grant an easement over the newly dedicated right-of way in favor of Lot 2 for septic system use; and recommended that the subdivider make sight distance unprovements to the existing curve. Council finds that there is no public need at this time for this section of private road to be dedicated to the public, and because this is part of Orono's defined rural area, it is appropriate and consistent to have the developer plat a private road outlot rather than dedicate right- of-way. Council further finds that no upgrades to this curve shall be required as part of this subdivision approval. Further, the City will allow the septic system to be located within 5 feet of Outlot C via an administrative variance. 8. This subdivision is subject to review and approval by the Minnehaha Creek Watershed District. 9. The subdivider shall not be required to upgrade Lyman Avenue as part of this approval. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the fmdings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of G. Marc and Tracy S. Whitehead per plat drawings by Walter 7. Gregory of Merila and Associates dated September 5, 1997, and grants variances to Section 11.33, Subdivision 4; 11.31, Subd. 5; and 10.28, Subd. SB based on the unique fmdings and hardships set fortli above, subject to the following conditions: 1. Applicant to dedicate the standard 10' drainage and utility easements along perimeter property lines, and 5' either side of interior lot lines. 2. If a retention pond or other stormwater facilities are required by the Minnehaha Creek Watershed District (MCWD), any such facilities to be developed on the site shall also be designated on the plat as drainage easements. The fmal plat application shall not be presented for City Council approval until all MCWD Page 4 of 9 , , � O 'V O O -' : �. - CITY of ORONO � =� � � ��t �G'�' RESOLUTION OF THE CITY COUNCIL �kESflog' NO. .���,_ approvals have been obtained by the subdivider. 3. The City protected wetlands in Lots 1, 2 and 3 shall be subject to a Flowage and Conservation Easement to be granted to the Ciry by the subdivider. 4. Applicant shall develop a covenant for Type 1 wetlands located within Lots 1 and 2. The purpose of the covenant is to alert all future property owners of the need to protect the area and if alterations are proposed to first obtain the necessary approvals from the Corps of Engineers and the Minnehaha Creek Watershed District before applying for approvals from the City of Orono. 5. The principal structure on Lot 1 shall be set back at least SO feet from the easterly lot line and 50 feet from the southerly lot line of Lot 1. 6. Lot 3 may continue to use the existing easement driveway for access to Lyman Avenue. Lots 1 and 2 shall gain access to Lyman Avenue via a shared private driveway in Outlot B. Lot 2 shall not have direct access to Lyman Avenue other than via Outlot B. The subdivider shall submit an acceptable grading and drainage plan for the shared driveway prior to final plat approval; such plan shall include drainage improvements within the right-of-way of Lyman Avenue as deemed :�ecessary by the City Engineer. The driveway when constructed by the owner(s) of Lots 1 and 2 shall adhere to the approved plan unless the City approves an amendment to the plan. 7. Prior to final plat approval the subdivider shall submit a screening plan acceptable to the City for additional screening near the southeast corner of Lot 1 to minimi�e and reduce vehicle headlights shining into the rear yard of 1290 Lyman Avenue. Such screening improvements shall be carried out at the time of building permit approval or driveway construction for Lot 1, whichever occurs first. 8. Subdivider shall draft for City approval, and execute, restrictive covenants to be placed on Outlot A to prevent uses of said Outlot for all purposes except as a vegetative and separation buffer between Outlot B and 1290 Lyman Avenue. 9. Septic sites on Lots 1, 2 and 3 shall be staked and protected prior to any land alterations on this property. Page 5 of 9 � o� 0 0 -� : �. CITY of ORONO � =� � � � �t� G~' RESOLUTION OF THE CITY COUNCIL �9kESH0g'� NO. � 9 s G 10. Subdivider shall designate the private road portion of Lyman Avenue as Outlot C on the plat per the sketches by Merila&Associates labeled "Exhibits C-1 and C-2, 9-21-97, Sheets 1 and 2 of 2, 97-104". Subdivider shall grant to the City the standard underlying Road and Utiliry Easement for Outlot C. 11. Applicant to execute Developer's Agreement to ensure all grading/drainage/stormwater improvements are installed to Ciry's specifications and satisfaction. No land alterations can take place until erosion control is established and septic sites fenced and the City is in receipt of a fmal grading plan. No improvements can begin until City Engineer has approved all improvement plans. A Letter of Credit must accompany a fully executed Developer's Agreement written to 150% of the cost of the proposed site improvements. No building permits will be issued until all drainage facilities have been installed and approved. 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 preluninary survey by Walter J. Gregory of Merila and Associates dated September 5, 1997, subject to private right-of-way for Lyman Avenue at the southeast corner of Lot 2 being platted as Outlot C per the sketches by Merila & Associates labeled "Exhibits G1 and C-2, 9- 21-97, Sheets 1 and 2 of 2, 97-104". B. Dedication of "drainage and utility easements" 10' along boundaries of the property and 5' along all intemal lot lines. C. Designation and dedication of drainage easements over detention areas and City-protected wedands. � D. Naming of plat. Page 6 of 9 � °� 0 0 -- . �e - CITY of ORONO � =- � � � ti ��� �G~' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. � � F) �_ 2. Legal documents required: A. Title opinion addressed to the Ciry. 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 Drainage Easements to be taken over any retention ponds required by MCWD (see sample enclosed). D. Signed and executed Conservation and Flowage Easements to be taken over the Ciry-protected wetlands in Lots 1, 2 and 3. E. Signed and executed Developer's Agreement and Letter of Credit for site drainage and stormwater improvements. � F. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of shared private driveway (Outlot B). G. Signed and executed Restrictive Covenant over Outlot A. As an alternative at the applicant's discretion, provide a purchase agreement between subdivider and owner of 1290 Lyman Avenue for transfer of Outlot A. H. Completed private covenant for lots involved with protected weflands not included within City-protected area. Covenants should include map and metes and bounds descriptions. Covenants should be in a form suitable for filing. I. Signed and executed Road and Utility_Easement over Outlot C. Page 7 of 9 � o� 0 0 -� . �b� CITY of ORONO � =� � � � ti ��� �G~' RESOLUTION OF THE CITY COUNCIL 9kESHOg' NO. e� 9 � F; �- 3. Fees to be paid: Total due: 4 * A. Final plat fee = $200.00 B. Legal review and filing fees for subdivision and associated documents = $200.00 C. *Park dedication fee. The Park Commission reviewed the proposed plat on August 4, 1997 and recommended payment of a park fee in lieu of land dedication for parks. The City Assessor shall be directed to establish the the fair market value of the property (Lots 1 and 2) for park fee purposes. The park fee is 8% of the fair market value as defined in Code Section 11.62, Subd. 5. Adopted by the City Council of the City of Orono, Minnesata at a regulaz meeting held the 22nd day of September, 1997. Reopened for further consideration by the City Council at a regular meeting held on the 24th day of November, 1997. � Whereas, the City Council fmds that the Preliminary Plat Approval Resolution #3966 adopted September 22, 1997 shall be amended by adding the following language regazding the Park Dedication Fee: After the approval of the prelirninary plat by the Ciry Council, applicants, by their attomey, sent a letter objecting to the requirement that the applicants pay the park dedication fee as required by ordinance. Upon receiving the applicant's objection, the Council moved to reopen the preliminary plat, and to instruct the staff to provide more detailed findings for the Council's consideration with respect to the park dedication fee. After consultation with their attorney, and negotiations with the City Staff and City Attorney, applicants determined that they would agree to settle this matter in the amount of$3,500 per lot. Now therefore be it resolved that Resolution#3966 is hereby amended and adopted as amended by the City Council of Orono, Minnesota at a regular meeting held this 8th day of December, 1997. Page 8 of 9 � o� 0 0 -� . �e CITY of ORONO =� � � � ��� �G~' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. � � G 6 A TEST: � � Do othy M. llin, City Clerk abriel Jabbour, yor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of December, 1997, by Gabriel7abbour & 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. �v �(/ � IINDA S.VEE Notary Public ° �r`i• NOjppy PUBLIC-MINNESOTA � .- : HEWNEPIN COS Jon.31.2000 �°-.��° My Commission�P � r `. _� ��_,_;=-� Page 9 of 9 ffiIBIT A RESOI.UTION N0. 3966 ' - � The following described property situated in the Count�G of Hennepin,�` � State of Minnesota: Lots 20, 21, 22; 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 3b, � "ORONO ORCHARDS," according to the recorded plat thereof, Hennepin County, Minnesota; And, together with that part of vacated Charles Street as dedicated in ihe plat of "ORONO ORCHARDS," Hennepin County, Minneseta, which lies between the easterly continuation of the northerly line of said Lot 20, bein� the southerly right-of-way of the Luce Line Trail (formerly the ri;ht-of-way for the Electric Shortline Railway Company) and the eastcrly extension of the tangen[portion of • the south line of said Lots 26 and 27; ' . ' And, together with the easterly half of vacated Spencer Avenue as dedicated in the plat of "ORONO ORCHARDS," Hennepin County, Minnesota, which lies between the westerly extension of said tangent portion of the south line of said Lo[s 26 and 27 and the westerly extension of the.norch line of said Lot 32, being said southerly ri�ht-of-way line of the Luce Line Trail (formerly known as ihe � right-of-way for the Electric Shortline Railway Company); And, together with that part of the westerly half of vacated Spencer Avenue as dedicated in the plat of "ORONO ORCHARDS," Hennepin County, Minnesota, which lies between said westerly extension of the north line of Lot 32, being said � southerly right-of-way line of the Luce Line Trail (formerly known as the right-. of-way for the Electric Shortline Railway Company) and the easterly extension of the south line of said Lot 36; And, together with that part of the unnamed vacated lane adjoining said Lot 33, as dedicated in the plat of "ORONO ORCHARDS," Hennepin County, Minnesota, which lies between the northerly extension of the westerly line of vacated Spencer Avenue and the northerly extension of the westerly line of said Lot 33.