HomeMy WebLinkAboutResolution 7119 sLONp CITY OF ORONO
RESOLUTION OF THE CITY1qCOUNCIL
y* ,4' NO. 7 1 1 7
G
j-1'Es HO
A RESOLUTION
APPROVING A PRELIMINARY PLAT FOR
ORCHARD HILL (FILE NO. LA20-000030)AND
A COMPREHENSIVE PLAN AMENDMENT #3
TO EXPAND THE METROPOLITAIN URBAN SERVICE
AREA (FILE NO. LA20-000050)
WHEREAS, on April 22, 2020 Eric Luth, o/b/b YMCA of the Greater Twin Cities
and Gordon James, LLC ("Applicant[s]"), applied for a preliminary plat for the property legally
described in Exhibit A, (hereinafter the"Property");
WHEREAS, on July 22, 2020 Eric Luth, o/b/o Harry Schleetar and Gordon James,
LLC ("Applicant[s]"),applied for a Comprehensive Plan Amendment(CPA)for the property legally
described in Exhibit A, (hereinafter the"Property");
WHEREAS,on May 18,2020,after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning the preliminary plat application were given the
opportunity to speak thereon; and
WHEREAS, on August 17, 2020, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning the revised preliminary plat and CPA
application were given the opportunity to speak thereon; and
WHEREAS, on August 17, 2020, the Planning Commission recommended
approval of the preliminary plat and CPA; and
WHEREAS, on September 14, 2020, the City Council reviewed the application
and the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested preliminary plat as described above based on one or
more of the following findings of fact concerning the Property:
1
8,7LOAp CITY OF ORONO
RESOLUTION OF THE CITTY COUNCIL
y� G1.C` NO. 71 1 "
t4kESHO
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of
Orono, Minnesota hereby approves the Comprehensive Plan Amendment based on one or more of
the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning Files #LA20-000030 (Preliminary Plat) and
LA20-000050 (Comprehensive Plan Amendment). The analysis contained within staff
memos and the exhibits attached to the aforesaid memos, all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the RR-1B Zoning District.
3. The property is guided for Low Density Residential in the 2040 Community Management
Plan.
4. The Property contains 39.4 acres in area.
5. The parcel will be subdivided into 5 buildable lots and platted right of way. All lots
conform to the size requirements of the city code, the City Council supports flexibility in
determining lot width for lots 1 and 2.
6. The Developer has prepared grading plans to manage stormwater on site without negatively
impacting adjacent parcels.
7. Access to the property is via the existing Orono Orchard Road, a public street.
8. The Parks, Trails and Open Space element of the Orono Community Management Plan
(CMP)has no current plans for parks that specifically require dedication of park land from
this property.
9. The developer has submitted a Conservation Design Master Plan prepared by Sambatek
dated April 22, 2020 that inventories and describes in detail the environmental features of
the site, defining what natural values of the site should be preserved or enhanced and how
that should occur.
2
\O1Vp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G1 NO. 7 '1 1 9
t�K£S H 00,
CONCLUSIONS, ORDER AND CONDITIONS:
I. Based upon one or more of the above findings, the Orono City Council hereby grants
approval of an Amendment to the City of Orono Comprehensive Plan to expand the Metropolitan
Urban Service Area to incorporate the area described in Exhibit A and directs staff to submit same
to the Metropolitan Council.
II. Further, based upon one or more of the above findings, the Orono City Council hereby
grants preliminary plat approval to allow the subdivision of the property into 5 lots, as depicted on
the plans dated July 22,2020 prepared by Sambatek,attached as Exhibit B,subject to the following
conditions:
A. Project Specific Conditions
1. This approval is subject to the approval of the Comprehensive Plan Amendment to
expand the MUSA boundary by the Metropolitan Council, and confirmed by the
Orono City Council after approval by the Met Council.
2. Approval by the Met Council of the connection point and any necessary permits for
the sanitary sewer system.
3. The applicable general engineering comments and or conditions provided by City
Engineer dated August 3, 2020 attached hereto as Exhibit C shall be suitably
addressed by applicant in the development plan submittal.
4. Easements shall be provided as required by the City Engineer.
5. Significant trees shall be preserved to the extent possible and as shown on the
landscaping plans.
6. Upon evidence of pre-settlement history(Human bones,Native American artifacts,
etc.),the developer will contact the city and the State Historical Preservation Office
prior to proceeding.
5. The following estimated fees are due at the time of final plat unless otherwise noted.
These fees are based on the 2020 Fee schedule and the fee schedule in effect at the
time of Final Plat approval will govern.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
7
y� 1 NO.
L 1 9
"IkESHO°-
a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater
and Drainage Trunk Fee (SW&DT Fee) of$32,240.00 (Number of new lots (4)
times per lot amount($8,060).
b. Sewer: The costs to construct the Sewer system within the site will be the
developers responsibility. The Metropolitan Council SAC charge which is
currently $2,485 per dwelling unit will be due at the time of building permit for
each lot. The City's sewer charge is $5,380.00 per lot(5), or$26,900.00.
c. Park dedication: $22,200.00 ($5,550 x 4 new lots).
B. General conditions imposed on preliminary plats shall apply, and are as follow:
1. Appropriate traffic control signage within and pertinent to the site shall be installed
by the Developer subject to the City Engineer's review and approval.
2. Applicant shall demonstrate to the satisfaction of the City Council that all
requirements of the Minnehaha Creek Watershed District as administrator of the
WCA regulations on Orono's behalf, are complied with.
3. Erosion control shall adhere to "Best Management Practices for Protecting Water
Quality in Urban Areas" and to the approved SWPPP. All erosion controls as
required by the City and the MCWD shall be in place prior to commencing grading
and excavation on the site. All such erosion control measures shall be maintained
in working order until the site is vegetated and stabilized.
4. The construction limits shall be clearly marked with adequate fencing to prevent
any construction damage or disturbance of any trees and vegetation outside of the
construction limits area. Developer shall identify trees to be preserved on site, shall
mark them on a site plan, and shall take extraordinary measures such as fencing,
signage, etc. to ensure they are not disturbed.
5. This approval is based upon the known issues that may affect this project, but this
approval does not limit the City from revising or amending these conditions as the
review process continues.
6. Council approval is based on the entire record, above Findings.
4
iiLO4/p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y-, . NO. 7 I l 9
G
t4kES HG��
7. Any amendments to the plans which are not in conformity with City codes may
require further Planning Commission and City Council review.
8. The Council accepts the non-conforming lot width of lot 1 and designates the front
lot line of this lots is the frontage along the new private road.
9. The Council accepts the non-conforming lot width of lot 2 due to the frontage along
the cul de sac.
10. Authorities granted by this resolution run with the Property not with the Applicants,
but are permissive only and must be exercised by filing a final Plat application
within one year of the date of Council approval, or the preliminary plat will expire
on that date (September 14, 2021).
11. Violation of or non-compliance with any of the terms and conditions of this
resolution may result in the termination of any authority granted herein.
C. Plans and Specifications. The following plans and specifications shall be submitted
for review and approval by the City and other appropriate jurisdictions:
1) Final plans and specifications for all proposed utility lines and services, including
any proposed revisions to existing service facilities. Proposed plans shall be
provided to the City for final review and approval with the Final Plan set. The
Public Works Department and any other pertinent reviewing agencies shall
review and approve all utility improvements. Final sanitary sewer and watermain
plans shall be provided and are subject to approval by the Public Works
Department and City Engineer.
2) Final Street and Storm Sewer Plans.
3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing
and proposed contours, building locations, elevations, stormwater facilities and
calculations,utilities and erosion control measures to be used during construction.
General Development Plan Approval will not be granted until the Minnehaha
Creek Watershed District has approved the stormwater plans.
4) Landscaping plan to reflect a more natural pattern of replacement trees, versus a
5
sL.O.Atp CITY OF ORONO
RESOLUTION OF THE CIT(Y�COUNCIL
y- * NO. 71 1 7
G
`�kESHO��
lineal replacement pattern along the new road.
5) Any additional plans and specifications deemed necessary by the City as review
progresses.
D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as
follows. The following list of final submittals must be submitted to the City. 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'.
200'. Drawing to include:
A. Lot lines platted per preliminary plat survey/drawing by Sambatek
dated April 22, 2020 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 lines.
C. Dedication of"Drainage Easements" over all drainageways.
D. Name 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.
C. Signed Developers Agreement and Letter of Credit for construction
of improvements. The City Engineer shall establish the amount to
be provided in the Letter of Credit.
D. One original copy of any private covenant, homeowners'
association agreement or other private restriction intended to be
filed in the chain of title of the property at the time the final plat or
survey is recorded.
6
8-WAtp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
4' NO. 711g"
F G>
OlLt
3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk
enumerated above.
E. Development Agreement. Development Approval is contingent upon the
successful execution of a Development Agreement between the applicant and the
City. Such Agreement shall address all specific City requirements for the
development.
F. Financial Guarantee. The Development Agreement shall include a financial
guarantee by the applicant to ensure the completion of site improvements. The City
Engineer shall complete an estimate of improvement costs, including but not
limited to streets, curb & gutter, sanitary sewers, landscaping, grading, erosion
control, utilities, and stormwater management facility construction, and the
applicant shall provide to the City a financial guarantee of 150% of the
improvement costs.
ADOPTED by the Orono City Council on this 14th day of September, 2020.
ATTEST: CITY OF ORONO:
ari )U-Cile
nna Carlson, City Clerk Dennis Walsh, Mayor
7
*ri\jkpCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiNO. 711Q/GKESHov-
Exhibit A Legal Description
8
i)(0,;/-4CITY OF ORONO
RESOLUTION OF THE CITYY COUNCIL
yNO. 711 /
kESHO'f('
Exhibit B Preliminary Plat
9
7119
--I -- .�„ -- 1 ,SURVEY NOTES _DESCRIPTION
SYSTEM,NA0ui1g. st1/4 or me Northeast 1/0 of Section 3,Township 117 Norm,Range 23 west
Sambatek
\n' w ^•. -�- ADJ-- -- FIELDWORK wAscO r1ETEoo ST).WITH AN ASSUMED INS`o,`N�•atwEwRTHE WEST LINE oRrNtNtto,NEt °;�°�ms,rFcliw.tying North ofa line aee,«axom�described n.newlneataoa.to.m< Sa I batek
:,\ \ anon alstnt457.1/z feet south of the Northeast cornerof
O e'
I te w c a'ra r:rot wwwsembate k.cam
pans/xoxD. w:;l�t curve with a radl„mn29.66 rmetaaatawe mg33.4smato awmon
��S':.: A'''''/49 G 2` I sald /Normo mumwet No.comerS.,a name quarter
12800W4 i.r Ors Sale 3o0
\ C) 4444,4,RnrNo�1 pint rw.3.,y<tion,a,TormsIaof SE 110,Range23 vlab.No.x s.w.v4 of Beginning and neMN 3
t• ')eke: at, Na I .. . ..or,.Se<tb.34..whichPoi h3:pntSodescribedt .orth:.'"ov, the
2esae.6010 �noe
st1/.or,.mum.at1/4or,aiSection;thencerunningbathwe,mr„,rni at
ORONO ORCHARD--` 0 r'•�c, �� 5ua mnterlIt,a3gde®ea.smnwa nmmongsaid Eat nwownofomSectiosouthwncea Into token
S�/` m<creee wnmm,.s nom ton Lake In}own orN oro southwesterly�n,owwLake apwnelm.wsfglvrraylraRfmrlaal
ROAD NORTH ,ti __ertfh. art/4 v art/4 SEC I pate,lvm;<ruonmapoint In�hec.ntenneofsalecrOvid
e e,t,N1m feet"irtorthesttemfrom the
,/ 'r4r. D1h ,, --`..shoe 711.06 I \ \ vaictlmeSoo uathence East to Mt Southeast corner of fan Section:Pence Non.•timwle Client
Unce of 3.74
r OF 9E1/4 SC a=i41t s1/`'�R�'v` N8924'41'W S89'24'41'E H,n. set sOv of tµQiea'. _ I�-3o 1 \ \ Souttiw..`afeet thencewniiu istance�...,t Meraceme....distance
0,b ,atxe.0feet
er.se,feDhen... GORDON
rC me eeenmy.aro that part of 064Westaofeet or the southwest quarter or me Southwest quarter
�a/`.o ��:+-24.00 24.00. N00 3CE 374.00 ___-_��jj,, -- 5002025-E 410.54 _ \ Iswv/.orsw.t/al orserno.rm,trrue Psi rownsmgOne Nunerea Eighteen n3el.RangeJAMES
smsiHe�\�,.♦- ry' \ •� , w1 14.5•41011 NDO'S4'34•E J37.82 ua wt/t��� 4 ro `�{:Z_.„_...-‹
- orchard Road.
lying Norznmme scum 211.02 feet thereof and muth<dv Orme antenof Orono
/,� ; .,\ 't r °�„E�711m 7��.� \�`\ _/ �' _ \. \ .he,el,beeti,enelatedDornthe w g depart. .tpanw.lc'fl'..F..rala..e,ty 6 CONSTRUCTION
a '/4 571'1/2 va 'Az":gy yg- tiycE 4' tore In des u 5159 MAIN STREET SUITE 700
=tN4_: i',,,8 ,0 `-y tai/a tea,/' 4 \ \O \ Nameadauarm ar me Nwmeadpua IorsRaon three Pl. MAPLE PLAIN,MN 55359
/�\ IaN rostra Nt u.
rr ,�,` ¢ 0 e = \ owl•nnorcrlumreese.-emeenlltAd,.M..Ran.,w<nry-mneµ3ewe,e xlne4,mv or lane a3
"(-.Mk,' '\.,..•\•4,
,y • ____eAm�'''''''''''morr /,- \+ a a t \ feet width and mne,w.m<,Ir or.ro.ei=end to following deur arn<
?I------1- \'�.s \ + \ Commenting atapanto.me Eat nneofsaid Northeast Quarter or me Northeast Quarterr NEI/4 us
•<4,� f" __ 6 gE7uxt�ulae.Rlm m SaeRra a./y/mn-4'4
r \ 1/4)ai,tant 467 vz,leer moth of the northeast corner of sale section 3:t.
3� g� I \� __ � •�* �•r $i e "_ \ \ awatae<t.nteof5701/2feetmencewnnIng,amwe'trlyonadat.uM,„m Project
lar .P-, art. -, R ° • NE°/:'E°/:<I.83365rnH two west °' nr axon Quarter e
g i ^_..aRR + I 2 4 4 \ ter of meroommtMortariNt,NE1/<, ORCHARD HILL
\ � ,�\�-: 1 +\ I.
a a 1,',;V A wrethm.eree ea m.......edaragaanmatwn.anh,,darebeeas the
OF ORONO
\.----- \ 8 C ^ 4 ',,;:.21,_.\ follow,mart.
gpx\ i \ Y 4 \ twnarmest. ormexE xorsano.34.rawn,nlp 114 Ranee naa,ebeea,follows:eeelnn,ne
...n n:62s \ /�\�L\\ //�� t�•� a a f \ <.pant mthe taduln.ar,am saao.34.wnen golnt l,3m Namum or m.Northeast corner or the
{\rt\s f __ nwenra ././3017 I f \ /,\ sdv/a ors.la x<noo:m<werummngmumwe:,corp ti•g.n+^0k mm<
20.'6116140: --i\\ ^•` \ 4 4. S 4 + N rte
a _ _
01,CRIEFX�• T`�n r E.OF
i. 5 f a 4 a \ \ `\\ ,ateSe, meMeNwmmme g e10110wing the <entemneof,atedre.''h.'lntene«,ald'..I'r Locathe bed ol Said Ma In•Nonfheaferfy...non, ion
a atm belnnn
�'i '"'x°°o � e�„nss2I N a 4 \ also katwnafthe we,2.feetofthe Southwest quarter ofthe mamw quarter(>w.1/4 ofSw. ORONO, MN
I '274- 500x. 6 --:.0, . . C I SarlYxea 7712,f\ 1 f\ -' \ N/.�nr.Yaw.rhimrN:Psa,Township One N.ndreatighreen ilial,Range tp tee lvl.bins
I I '$ T f 4 i + /3\ -{ o or me centerline of said creek an Southerly or me remain or Orono OrchardPoa.
• .onoa t'•',;xmvr461 •1- "•aar �' I \ a 4 \ \ ;i•\ DEVELOPMENT NOTES
k's'.1 S7o ..ea 04 a• L.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE root
-- NI I '• _p nt"• '^gam '_ f a + \ EASEMENTS NOUTEUTILITY EASEMNTSR.AUBE PRODDED ALL PUBLIC A REQUIRND ED
DRAINAGE AND UTILITY
}71 I I. \ 4 FRONDED
1 \x.
I �' f✓� _ raa E.OF 1..4110 mow. I (' -a`.? \R Certification
811 'I .p7/m7 \\ OHS \'._____„._-----.-----.\\+ a � ,.\ ,+nrw�un.rte mal.a.euN i.<.:a
=_ All I 111 Rbc arxBA /./ `a q • f \ \\ or
or mmn<„.. L'R une<rm<Nw,orm<n.t<
SI I 1 a a\ .S 4 'r\ \
�i-� 11 11 5 �� ' q r V \ Eric
.m.�.ry n
4 ♦ \,aD V n.50a75 a0a/ /
I I �• N Da/2/ED.
zozo
•\ I 1 4 4 4 y \ 4 ,, \ M "°�r4uar.e..a.t.k..
F-44T,
`'': I 4 (� a u ' � s \ Summary
•�\ 11 aaecngga oO3aAzm a \ \ Designed,AS Drawn:of
II I d \ Appropn.a..aimx.nr Initial Book
nage,
\ `\ I te O 4 3 f 4 1. I \ RevisionHistory
\ 0 •6� 4 //1 \ No. By Submittal/R,....on
-\ \�\\I 4 41 .' 4 a e / \ w/=vtd cm Ne,.,eu,
/ '•k46`,. .„‘\,, 4 4 4 4 f'/a. 4 4 \'3 \
\ �v\\\ 4 rJS R w xr�xrSOO?r NO 4 4 �4 4 4 4 4 \
PROPERTY SUMMARY \� sE\\\'-/ - 4 4 4 k 4 o \\,.
44 \\ Sheet Title
1.SUBJECT PROPERTY'S \ �� PRELIMINARY
H,,,,,Ig3.,,,0,-,E s,,,,,goagg,,,,9,7Atn,,,,.\,,x3,4„oNARE,DorNGTIQN ;,,�\ \\ a a a a PLAT
CENTERLINE otCREEK. ;n�\ ,,\,,,„ 4 3N4 4 a , a • , aPROPOSED LOT 1,BLOC(1• 92.026 60.FT. OR 2.113 ACRES \ \\ ��
PROPOSED tOT 2,BLOCK l• 3,536 SP.FT. OR 0.208 ACRES
A'p� \\\\ow Lv�t%4 is \ NORTH
. TQ \\46 `,',i 4 4 4 4 .23 u W:NYW .areanR \
ZOL
ro
PROPOSED L07 5,BLOCK l• 166,551..FT. OR 3 S64 ACRES
PROPPROPOSEDSED OUDOT 3,692S.F OR 0.132 ACRES
-\\fid -� _e' a -a -4- _ ^s \ a 4 \ ®D Sheet No. Revision
QRDNQgroNINQ mPDATED PT'EMTxi.R "A a'""T�A''''':I."'TNtQ,rQr _ __-_____--___-_____2_' ---,\ �� 6221 1/1
a mfg. - 0 4 4 7 -i \ 4 4 •J /4/4/ /ate
__ __ __ __ __ __ __ __ _ __ S89'24'41'E i __ _ 800'01.407E 910.32 \.\\• 'I[x0
...,no�.,...,_,mn_•.��„ „r,�.,,..,..b.m.,..., 21.7*P.
..„ r., Or•,,r,., \ 1,,i1..';4= Project No. 20658.03