HomeMy WebLinkAbout#5935-Prelim plat-2010 d •
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O OCITY of ORONO
�� i� G; RESOLUTION OF THE CITY COUNCIL
`9kESYio4 NO. 9 3 5
A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR
PROPERTIES LOCATED AT
825 OLD CRYSTAL BAY ROAD SOUTH
WHICH INCLUDES THE FOLLOWING PIDS:
09-117-23-21-0001
09-117-23-21-0004
09-117-23-21-0005
FILE NO. 10-3458
WHEREAS, Judson M. Dayton (a single person) and Elisabeth J. Dayton (a
single person), are the owners of the properties within the City of Orono (hereinafter the "City")
located at 825 Old Crystal Bay Road South (and including PID 09-117-23-21-0004) which are
legally described as follows:
Attached as Exhibit A (hereinafter the "Property"); and
WHEREAS, on March 16, 2010, Judson M. Dayton (hereinafter the
"Developer") filed a complete subdivision application with the City for preliminary approval of a
3 lot residential plat of 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 Subdivision Codes, on April 19,
2010, the Orono Planning Commission held a public hearing for the application at which time all
persons desiring to be heard concerning the application were given the opportunity to speak
thereon; and
WHEREAS, on April 19, 2010, the Planning Commission reviewed the
application and recommended on a vote of 5 —0 that the Council grant preliminary plat approval;
and
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
May 24, 2010, and hereby made the following findings with regards to this application:
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FINDINGS
1. This application was reviewed as Zoning File#10-3458.
2. The Property is zoned LR-1A Single Family Lakeshore Residential District, which
normally requires a minimum lot area of 2.0 acres and minimum lot width of 200'. The
Property is 26.6 acres in area, of which 24.4 acres is dry, buildable, non-wetland area.
3. The Property is guided in the existing 2000-2020 Orono Community Management Plan
(CMP), as well as within the proposed 2010-2030 CMP, for single family residential use
at a density of 1 unit per 2 acres. The proposed layout contains 3 lots on 24.4 non-
wetland acres, for an overall density of 1 unit per 8 dry acres.
4. Each lot is proposed to be served with private septic systems and private water supply
wells.
5. The proposed plat includes three lots. Each lot will be served via Old Crystal Bay Road
South a.k.a. CSAH 84. Each lot has a building site meeting the LR-1A setback standards.
Lots 1 and 3 are proposed as back lots and as such must meet 150% of the zoning district
standards for lot area and setbacks.
a. Lot 1 is proposed to contain 4.4 dry acres and has 400-feet of width at the OHWL.
Lot 1 will access off of Old Crystal Bay Road South via Outlot A.
b. Developer has requested waiver of the average lakeshore setback requirement for
Lot 1.
i. The orientation of the house to the east is facing mostly directly south and
east and is such that no views of the lake will be impacted by the location
of a home on this property.
ii. The home at 3051 Farview Lane has no lake views over this property due
to the existing trees and topography as well as their own home's
orientation to lake which are primarily western views.
c. Lot 3 is proposed to contain 5.35 dry acres and has 400-feet of width at the
OHWL. Lot 3 will access off of Old Crystal Bay Road South via Outlot B which
will be shared with Lot 2.
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6. The Property contains five wetlands. The wetland delineations on file are out of date.
"Manage 1" and "Manage 2" classification wetlands have been identified however the
Developer must submit a MCWD-approved delineation report and functional assessment
to determine the management classification, appropriate boundaries and buffer widths for
all wetlands on the Property. These wetlands and buffer areas will be covered by
Conservation Easements as well as wetland preservation covenants and easements,
wooded area preservation covenants, drainage easements, etc.
7. The residential lots have been tested and found capable of providing suitable primary and
alternate sites for on-site sewage treatment systems. Those septic reports should be
submitted to the City for review and approval. Special precautions, including but not
limited to protective covenants as well as physical barriers during construction activity,
must be taken to protect these sites on both a short-term and long-term basis.
8. The City has plans for trails that may specifically require dedication of land from this
property. A 10' wide trail easement along the road frontage, in the same location as the
10' wide drainage and utility easements, should be granted as part of the plat. As the
number of buildable lots is not proposed to increase, a Park Dedication Fee will not be
required.
CONCLUSIONS, ORDER AND CONDITIONS
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 grants Preliminary Plat
Approval for Judson M. Dayton, for a 3-lot plat per the Preliminary Plat survey/drawing by Mark
S. Gronberg of Gronberg & Associates, Inc. dated 8/31/2006 and revised 4/22/2010 and attached
hereto as Exhibit B, subject to the following conditions:
1) All areas delineated as wetlands and as shown on the preliminary plat drawing shall be
subject to the standard Wetland Buffer, Conservation and Flowage Easement, and shall be
subject to the wetland buffer requirements of the Zoning Code for the protection of wetlands
and wetland buffer areas.
2) Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits
as required. Final plat approval shall not be granted until the Developer has provided
evidence that all required MCWD permits have been obtained.
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3) Development Fees
a) Park Dedication Fee. The development is not subject to the standard Park Dedication Fee
requirement because no additional residential lots are being created.
b) Storm Water and Drainage Trunk Fee. The development is subject to the standard Storm
Water and Drainage Trunk Fee of$3,330 per acre x 9.3 total acres= $30,969.
4) City Engineer Approval. Approval is subject to the existing and ongoing recommendations of
the City Engineer.
5) Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions prior to final plat
approval, to ensure that the proposed plat will accomplish the intended purposes:
a) Final grading, drainage and erosion control plan showing existing and proposed
contours, anticipated building locations, elevations, stormwater facilities and
calculations, utilities and erosion control measures to be used during construction.
Final Plat Approval will not be granted until the Minnehaha Creek Watershed District
has approved the stormwater management plans.
b) Wetland delineation report and Functional Assessment of Wetlands report approved
by the MCWD.
c) Sufficient detail to meet the recommendations of the City Engineer.
6) Other Easements.
a) Drainage and Utility Easements shall be dedicated to the public on the final plat 10'
along all exterior property lines, and 5' either side of interior property lines, except
such easements shall be increased to accommodate drainage where required, subject
to City staff approval.
b) A 10' wide trail easement in the same location as the 10' wide exterior property
boundary drainage and utility easement along Old Crystal Bay Road shall be granted
to the City of Orono.
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t,,,,_ CITY of ORONO
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c) A Wetland Buffer, Conservation and Flowage Easement shall be granted to the City
of Orono over all delineated wetlands on the property. Wetland buffer maintenance
agreements shall similarly be established.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Planning & Zoning Coordinator at
least four (4) 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 plat survey/drawing by Mark S. Gronberg
dated 8/31/2006 and revised 4/22/2010 attached hereto as Exhibit B,
except as modified herein.
B. Dedication of"drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line.
D. Dedication of"Drainage Easements"over all drainageways.
E. Naming of plat.
2. Legal documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
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.
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C. Signed Covenants for Protection of Drainfield Sites.
D. Signed Wetland Buffer, Conservation and Flowage Easements over
wetlands and wetland buffers on the Property.
E. Signed Developer's Agreement.
F. Signed Trail Easement.
G. Written approval by neighbor for average lakeshore setback waiver.
3. Plat approval fees to be paid: Total due: $31,949.00.
A. Final plat fee=$700.00
B. Legal review & filing fees for subdivision and associated documents:
$280.00
C. Park Dedication Fee: $NONE
D. Stormwater and Drainage Trunk Fee: $30,969.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th
day of May, 2010.
ATTEST:
I /% r4-.114, rJ ,E.-
Lin a S. Vee, City Clerk J es M. White, Mayor
, Al! 90. )1,--, ',. 6.. e.-- ei .,,,n
Pro 4 erty Owner Property Owner
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'c4 \��l'ONak 0tirl RESOLUTION OF THE CITY COUNCIL
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k'ESTA0 NO. X 9 3 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this I 4 day of t p r t I ,?,g}$'by
Judso t ,.4,,!! , -> ; f\
*: BARBARA G.SILOS ti
s_? NOTARY PUBLIC-MINNESOTA _/-1 ,� ji
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My Commission Expires Jan.31,2013 \.J
,, f Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this / day off0 ' , 2-0+8-by
Elisabeth J. Dayton, a single person.
R
0 . . MONICA A.FADNESS
NOTARY PUBLIC-MINNESOTA otary Public
My Commission Expires Jan.31,2012
Page 7 of 7
ZONING FILE NO. EXHIBIT A RESOLUTION NO. 5 9 3 5
That part of Lot 35, in Auditor's Subdivision No. 230, Hennepin County, Minnesota, and of Government Lot 7, in .
Section 9, Township 117 North, Range 23 West of the 5'h Principal Meridian, described as follows: Beginning at a
point 302.81 feet South of the North line and 462.00 feet West of the East fine of said Government Lot 7; thence
East parallel with the North line of said Lot 7 a distance of 462.00 feet to the East line of said Lot 7;thence North
along the East line of said Government Lot 7,a distance of 302.81 feet to the Northeast corner of said Lot; thence
continuing North along the North and South centerline of Section 4, Township 117, Range 23, a distance of 216.7
feet to an intersection with the Easterly extension of the South line of Lot 34 in above mentioned Auditor's
Subdivision No.230, Hennepin County, Minnesota;thence Westerly along the Southerly boundary fine of said Lot
34 and extension thereof to the southwest corner of said Loi; thence Southerly along the extension of the West
line of said Lot 34 to a point 1071.18 feet Southerly measured along the West fine of said Lot 34 and the
extension thereof, from the Northwest corner of said Lot 34; thence Westerly deflecting 81 degrees 06 minutes to
the right from the last described course, 159.66 feet;thence continuing Westerly, deflecting 2 degrees 30 minutes
to the right from the last described course a distance of 124.65 feet= thence Southwesterly on a tangential curve
to the left with a radius of 388.66 feet, a distance of 193.75 feet to the point of compound curve; Thence
Southwesterly on a tangential curve to the left with a radius of 212.81 feet, a distance of 160.52 feet thence
Southwesterly in a straight line, tangent to said last described curve, a distance of 2.89 feet to the Southerly line
of aforesaid Section 4; thence West along the South line of said Section, 285.29 feet, said last described point
being the Southeast corner of Government Lot 1 in said Section 4;thence Southwesterly deflecting 35 degrees 17
minutes to the left from said last described course, a distance of 110.3 feet; theme Southwesterly deflecting 45
degrees 28 minutes to the left from said last described course, a&dance of 115.00 feet thence Southwesterly
deflecting 21 degrees 40 minutes to the right from said last described course, a distance of 174.00 feet, more or
less to the shore of Maxwell's Bay, Lake Mbnet n a; thence Southeasterly ly along the shore of said lake to its
intersection with a line running Southerly parallel with the East line of above mentioned Government Lot 7 in said
Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the
point of beginning, said last described being hereinafter referred to and designated as°'Lure X"; thence
North parallel with the East line of said Government Lot 7 to said point bearing South 12 degrees 54 minutes 40
seconds West and distant 766.76 feet from said point of beginning; North 12 degrees 54 minutes 40
seconds East 766.76 feet to the point of beginning said last described course being hereinafter referred to and
designated as line r; excepting from above described premises, the friving described tract, (Hereinafter
sometimes referred to as the °excepted tract') to-wit Beginning at the same point of beginning as above
described; thence South 82 degrees 13 minutes West 2902 feet thence South 35 degrees 05 minutes West,
194.4 feet thence South 13 degrees 57 minutes West, 167.65 feet thence South 5 degrees 23 minutes West,
265.00 feet, more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore
of said lake to an intersection with said line X° hereinabove descrthect thence North along said line X° to its
intersection with said line Y' hereinabove described; thence North 12 degrees 54 minutes 40 seconds East
along said`Lime Y°, 766.76 feet to the point of beginning:
ALSO
That part of Government Lot 7 in Section 9, Township 117 North, Range 23 West of the 5`h Principal Meridian,
described as follows: Beginning at a point being 302.81 feet South of the North fine and 462.00 feet West of the
East line of said Government Lot 7; thence South 82 degrees 13 minutes West, 290.2 feet~ thence South 35
degrees 05 minutes West, 194.4 feet; thence South 13 degrees 57 minutes West, 167.65 feet to the actual point
of beginning of the tract of land to be described; thence North 13 degrees 57 minutes East, 167.65 feet; thence
North 35 degrees 05 minutes East, 194.4 feet thence North 82 degrees 13 minutes East, 193.2 feet; thence
South 31 degrees 07 minutes 10 seconds West, 261.39 feet; thence South 13 degrees 25 minutes 37 seconds
West, 167.65 feet thence South 9 degrees 32 minutes 30 seconds West, 286.14 feet; thence due South to the
shore of Maxwell's Bay, Lake Minnetonka; thence Westerly along said shoreline to an intersection with a line
bearing South 5 degrees 23 minutes West,from the actual point of beginning;thence North 5 degrees 23 minutes
East to the actual point of beginning.
For the purpose of this description the East line of said Government Lot 7 is assumed to be a due North and
South line.
RECEIVED 'c_ %
PRELIMINARY PLAT AND LOT LINE REARRANGEMENT FOR z E n a
MAY 19 2C' <"
LO JUDSON & ELISABETH DAYTON w4a
Irl IN GOV'T LOT 1, SEC. 4-117-23 & IN GOV'T LOT 7, SEC. 9-117-23 CITY OF ORONO E"`:
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