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CITY of ORONO
\4411'
ti RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION APPROVING PRELIMINARY
PLAT AND A CONDITIONAL USE PERMIT FOR A
PLANNED RESIDENTIAL DEVELOPMENT FOR
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WILLOW VIEW LOCATED AT THE SOUTHWEST CORNER
OF COUNTY ROAD 6 AND WILLOW DRIVE NORTH
PID 28-118-23 44 0001
FILE NO. 2522
WHEREAS,Bancor Group,Inc. (hereinafter the"subdivider")on August 18, 1999,
filed an application with the City of Orono (hereinafter "the City") requesting rezoning, a
comprehensive plan amendment,conditional use permit and subdivision for a property located at the
southwest corner of County Road 6 and Willow Drive North with the City for property legally
described as:
That part of the East 1/2 of the Southeast 1/4 of Section 28, Township 118, North Range
23 West of the 5th Principal Meridian lying Southerly of the centerline of County Road
No. 6 as recorded in Book 70, page 3844152 in the office of the Register of Deeds,
Real Estate Division, Hennepin County, Minnesota.
(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 September 20, 1999, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, The Orono City Council on November 8, 1999 (Resolution No.
43 72) denied rezoning the property from RR-1B to R-1A and a Comprehensive Plan
Amendment to change the land use designation to permit one dwelling unit per acre density:
and
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WHEREAS, at their regular meeting held on December 13, 1999 the Orono City
Council considered the subdivision application of the subdivider noting the following findings
of fact:
FINDINGS
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.
2. The property contains a total of 58.43 acres of land, with 51.89 acres being dry
buildable.
3. The Municipal Code permits, by conditional use permit, subdivisions to develop
as a Planned Residential Development (PRD).
4. PRDs are available to land subdividers subject to Council approval, as an
alternative to standard minimum lot size subdivision of land. The purpose of
this plan is to enhance the appearance of neighborhoods through preservation of
natural open spaces, to counteract the effects of urban congestion and monotony,
to provide cohesive structure to neighborhood design, to offer recreation
opportunities close to home, and to aid in improving the welfare in general of
City residents.
5. On May 23, 1988 the City Council adopted Comprehensive Plan Amendment #2.
Amendment 2 was a result of a land use study along the Highway 12 corridor.
The area east of Old Crystal Bay Road, north of Highway 12, south of County
Road 6 and west of Willow Drive was guided for two acre density single family
homes. The Comprehensive Plan states the wetlands and natural vegetation in
the area provide an excellent transition between the more intense use planned for
the south and single family 2-acre to the north. Utilizing this as a break, the
area to the north shall develop with one dwelling unit per two acre density.
6. The property is 51.89 acres dry buildable allowing 25 dwelling units to maintain
the guided density for the rural residential district.
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7. The property is within the Metropolitan Urban Services Area (MUSA) allowing
for the provision of sanitary sewer service. Sanitary sewer service provides the
subdivider to develop the lots without identifying septic sites on each new lot,
one the factors in requiring the two acre minimum lot size in the rural
residential districts. Developing as a PRD allows the property to develop at the
required two acre density, one dwelling unit per two acres.
8. The conservation outlot is established for the preservation of the natural open
space along County Road 6 and North Willow Drive. The conservation area
will accommodate four storm water ponds for rate control for the purposes of
removing pollutants and other nutrients from the water before leaving the site.
9. A trail easement will be granted to the City over the conservation outlot and
developed as shown on the site plan. A trail connection through the property
shall be developed to connect the neighborhood to the Orono School property
to the west.
10. The private road, platted as Outlot A, will serve all 25 lots within the
development. No individual lot shall have access to Willow Drive North or
County Road 6.
11. The proposed storm water management plan will include construction of ponds
on the site. A MCWD permit is required for the grading, storm water
management and erosion control on the site.
12. The lots shall be subject to the following setback requirements:
35 foot Front Yard
35 foot Rear Yard
25 foot Side Yard
Except Lots 1 and 15, Block 1; Lot 1, Block 2; and Lot 1, Block 3 shall have
a 50' side yard adjacent to street setback or a minimum 25' setback to the outlot
whichever is greater (Willow Drive North) to preserve the standard side yard
adjacent to street setback for the RR-1B zoning district:
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and Lots 13, 14 and 15, Block 1 shall have a minimum 50' rear yard setback to
maintain the standard setback within the RR-1B zoning district.
13. It may become necessary to place a light at the intersection of the private road
and Willow Drive North. The City reserves the right to install a light within the
Willow Drive right-of-way if the Council determines it is necessary.
14. Subdivider shall be granted credit for park dedication fee for cost of trail
improvements within the development as the trails are a public amenity and
provide for connections to greater trail networks.
15. The subdivider has proposed a/an entrance monument(s) within for the private
road. Subdivider shall be advised an entrance monument plan requires review
and approval by the City Council.
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 Bancor Group, Inc. be approved per
. preliminary plat drawings by Martin P. Campion, a registered engineer of Otto Associates
Engineers and Land Surveyors, Inc., dated 12/3/99 subject to the following conditions:
1. The final plat shall indicate the area shown on the preliminary plat drawings as
a conservation easement as an outlot. The final plat layout shall be in
substantial conformance with the Preliminary Plat, to be approved by Staff.
2. The conservation outlot(s) shall be protected by granting of a conservation and
flowage easement to ensure the outlot(s) will not be developed, and
drainageways and stormwater retention ponds are protected.
3. Setbacks shall be shown on a revised site plan to be submitted with the final
plat.
4. Subdivider shall install a gravity sanitary sewer system to serve each of the lots.
The sewer service shall be from the south and installed along Willow Drive
North. Detailed sewer plans shall be submitted to the City Engineer for
approval prior to final plat approval.
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5. Subdivider shall install municipal water service. The developer shall work with
the City to determine the most appropriate service to the site. Water shall be
extended to the north property line, at County Road 6 to allow future connection
when water service is required to the north and to the east. Detailed plans shall
be submitted to the City Engineer for approval prior to final plat approval.
6. The private road, to be constructed within Outlot A, shall be developed to City
requirements (Section 11.33, Subd. 4) for private roads serving 25 units. Code
requires a 50' platted right-of-way, and the minimum paved width of the street
to be 28'. The cul-de-sac shall be platted 50' in radius with a minimum paved
radius of 40'
7. The private road will be constructed with rural sections, except curb and gutter
will be used in the entrance median at the intersection of the private road and
Willow Drive North.
8. The private road in Outlot A shall be constructed to City private road
requirements, 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.
9. 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.
10. 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.
11. The developer shall grant to the City an underlying Road and Utilities Easement
for Outlot A.
12. The PRD approval requires Staff approve the restrictive covenants that will apply
to the development.
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13. Restrictive covenants shall include a provision to prohibit above grade accessory
structures over 6' in height. No such accessory structure shall be roofed or be
located within any street yard or closer to the front lot line than the principal
residence.
14. Final plans shall indicate locations of all sewer and water easements.
15. Trail easements shall be granted over the conservation outlot(s), the private road
and between lots 7 and 8, Block 1. Final trail plans shall be submitted for
approval by Staff prior to final plat approval.
16. Internal trails shall be constructed prior to building permits being issued for
homes within the subdivision.
17. A 12' trail easement shall be granted in favor of the City of Orono between Lots
7 and 8, Block 1.
18. The lots shall be subject to the following setback requirements:
35 foot Front Yard
35 foot Rear Yard
25 foot Side Yard
Except Lots 1 and 15, Block 1; Lot 1, Block 2; and Lot 1, Block 3 shall have
a 50' side yard adjacent to street setback or a minimum 25' setback to the outlot
whichever is greater (Willow Drive North) to preserve the standard side yard
adjacent to street setback for the RR-1B zoning district:
and Lots 13, 14 and 15, Block 1 shall have a minimum 50' rear yard setback to
maintain the standard setback within the RR-1B zoning district.
19. A final landscaping plan shall be submitted and approved by Staff prior to final
plat approval. The plan shall be substantially in conformance with the site plan
dated 11/23/99 by Martin P. Campion, a registered engineer of Otto Associates
Engineers and Land Surveyors, Inc. with additional planting on Lots 12 and 13,
Block 1 to screen the future residential lots from County Road 6.
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20. Subdivider shall plant boulevard trees along the private road per the requirements
of Section 11.60, Subd. 2.
21. Subdivider shall construct stormwater management improvements generally as
shown on the Preliminary Grading, Drainage and Erosion Control Plan dated
December 3, 1999 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 easements over all drainageways and stormwater ponds within the plat.
22. Subdivider is hereby advised that the City will not grant final plat approval until
the MCWD has approved all grading and drainage improvements on the
property.
23. Subdivider shall grant Flowage and Conservation Easements over City protected
wetlands and show the wetlands as a `drainage easement' on the plat.
24. Payment of standard Park Dedication Fee per City ordinance. •
25. 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.
26. The subdivider shall be responsible for the construction of the water and sewer
system to be shown on the final plans and be submitted with the final plat
application. The developer shall be responsible for installing an 8" water system
and required hydrants to serve the development. The City of Orono reserves the
right to require installation of a 12" system and the City shall be responsible for
the upgrade from 8" to 12" service and the extension of service from the
development to the north and south property lines along Willow Drive North.
The subdivider and City will each be responsible for 50% of the costs to extend
the water service from the Orono Schools property to the west property line of
the proposed development. All improvements shall be complete prior to the
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$ �� CITY of ORONO
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3119111'0171 �G � RESOLUTION OF THE CITY COUNCIL
issuance of building permits for home construction.
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 December 3, 1999.
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 easements over detention ponds
and drainageways as shown on preliminary grading, drainage and erosion
control plan.
d. Designation of Outlot A to serve as a private roadway.
e. The naming of plat as Willow View.
6. Designation and dedication of trail easements over the conservation
outlot, Outlot A and between lots 7 and 8, Block 1.
7. Copy of protective covenants.
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.
b. The applicant must provide certified copies of all recorded easements
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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 easement for the outlot to protect the land from
future development.
e. Signed and executed Drainage Easements to be taken over drainageway
and detention areas within plat.
f. Signed and executed Flowage and Conservation Easement over the
conservation areas and wetlands within the development.
g. Signed and executed Road and Utilities Easement over Outlot A.
h. Signed and executed "Declaration of Private Road Easement and
Declaration of Maintenance for Same".
i. Completed "Application for Private Road Name".
3. Fees to be paid: Total due: $400.00*
a. Final plat fee = $200.00
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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M��Oie G RESOLUTION OF THE CITY COUNCIL
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 10th day of January, 2000.
ATTEST:
2 - Li? ii
Linda S. Vee, City Clerk Gabn 1 Jabbour, Ma or
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of
January, 2000, by Gabriel Jabbour & 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.
•" •. CAROL.E A.HASEMAN :> 41 , /
•r ��'" NOTARY PUBLIC-MINNESOTA
- ''.-4,,.,0 MyCommission E 31,1005 Notary Public
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