HomeMy WebLinkAboutApprove as Amended Application Date: 10/30/00
Deadline: 4/30/01
REQUEST FOR COUNCIL ACTION
DATE: March 9, 2001
17
ITEM NO.:
Department Approval: Administrator Reviewed: Agenda Section:
Name Paul Weinberger Zoning
Title Zoning Administrator
Item Description: Orono Ambar, LLC.
2060 Wayzata Boulevard
#2640 Preliminary Subdivision/CUP-Rezoning/Comprehensive Plan Amendment
#2641 Site Plan Reviews
List of Exhibits: eQ4r.
A Site Plan 040
B Resolution
Summary:
Staff has prepared a resolution approving the General Concept Plan. The primary change in the plans was
to separate the outgoing traffic from the incoming traffic and parking lot area in front of the senior building.
The City's traffic consultant has reviewed the plans and concluded the proposed plan has made a good faith
effort to address earlier concerns. The following final recommendations shall be addressed in the
preliminary plat drawing:
• Restriping for a right turn lane and acceleration lane should be provided to allow ingress/egress
traffic from Highway 12 to be separated from other Highway 12 traffic.
• Individual street width for the service drives shall be constructed to a 14' width for each lane of
traffic.
• The underground parking access to the office building shall be changed to a 90 degree access, as
shown on the site plan attached. The purpose of the change is to improve site lines.
• Final traffic sign plan shall include"one way-do not enter"signs at the west end of the parking area
in front of the senior building,and"one way-do not enter"signs at the east end of the one way drive
exiting towards Brown Road North. Stops signs shall be placed at intersections within the service
drive area.
• Snow storage areas/plans shall be provided.
Primary access would be via a private road entering Brown Road north of the stormwater pond. This would
be the primary access to and from the property. A signalized intersection is planned for the Highway 12 and
Brown Road North intersection. Secondary access to the property would be via a right-in/right-out access
directly to Highway 12 at the boundary between the two proposed lots.
The service drive has been designed to allow for a future connection to the west beyond the office building
parking lot. Two future connection options are available,one to Brimhall Avenue and the other to Willow
Drive North.
v J
#2640/2641 Orono Ambar, LLC. (cont.)
2060 Wayzata Boulevard
Page 2
The change to the road and parking area has reduced the impact of a retaining wall on the south side of the
property. The only wall that will be required will be on the north end of the MnDot pond. Previous plans
would have required an 8-10'wall that would have extended from the Brown Road entrance to the Highway
12 entrance.
Following the General Concept Plan Approval the City of Orono could do a simultaneous Preliminary
Plat/Final Plat approval that would include rezoning the properties to RPUD and B-6, and amending the
Comprehensive Plan to allow residential use for the"55+"senior use. The final development plans require
the use of City financing mechanisms to ensure the viability of the long term senior use of Lot 2.
COUNCIL ACTION REQUESTED
Motion to adopt the General Concept Plan for a 62 unit"55+"senior building and 23,000 s.f.office building
per the site plan attached subject to addressing the issues noted above,based on the findings as noted in the
resolution and based on the conditions as noted in the resolution.
•
•
• . .
_____.
iP- - ---- <-
,
mw"---a s g
,
.t.
,
\ .
.
n A il. ..."1:
if I— 4.0 : toT...411111111171110 .
to 1 ft.,
/
0,...2.-
A
1
t
) $6 ,0 1
, plip
/ i
______---
—- - —AM
..I• -- 111/ IIN •P --______%, '
,,,„,„2:.r--- -7-‘7:::2,1:;?, 0
x
// _ _> -
„.. ,,-,...41.
Ili I
,
c,,7.,
IN .
___------____
. • , g.
. '. 2 iir .°.'.'1.7 : W le. ..,_. N'
- , :,' 1 Ai MN
• , -040 ' MIN
i.
A 111.
II ..-------
`: s
_
•
• , il, , i
g n P k • v•L
. 1 ..
• 1 p.
;:.
,..
\ ''sj..•!.'...' „Di.. t _ is%
,....._._
1-1—,
vilt4
ium- : - milw
7 ,.. ..:,:.......
_ sl. ,kt,___WI_
L. riattsma
A
•
.
‘, 9
11,
.e 0 Mos 41,4001
.. lf -4113_'W11,._1\,1-• P*I\
1. .
I 01---..\
A
• s- -'01111111'
/
- -t.s,---/- t•C.A • 'ii \ " ., Cie.'.• ' L•••\..
.A `` • - '
- \->/. ' / -\
. 0, _, ----- . ti li ,,..-------- •
. ' • )1o r--
___,-• .
$ \ , II
4
t \ I N • ---.....\
\ E
I" 6 / ,
CD. .t...
, . I.: •
1 \ \ n ..„ ), .
.o A ......„ ..,...„.„.e.,...,......______ .
t..... ,,...._
I ; . ......„
----.. !'s. 1M .,•,-, '",,
144,;.7
elA11144474•:
m . •
A RESOLUTION APPROVING THE
GENERAL CONCEPT PLAN FOR PROPERTY
LOCATED AT 2060 WAYZATA BOULEVARD
FILE NO. 2640/2641
WHEREAS, Orono Ambar, LLC (hereinafter the "applicant") has an interest in
property located at 2060 Wayzata Boulevard within the City of Orono (hereinafter the "City")
and legally described as follows:
Outlot F, Sugarwoods, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the City of Orono Highway 12 PUD ordinance (Municipal Code
Section 10.53) requires a multiple step approval process for properties developing as part of
a PUD; the General Concept Plan approval stage is the first step in the process followed by
the Development approval stage, with a concurrent platting process for Preliminary and Final
Plat Approval; and
WHEREAS, the applicant has requested General Concept Plan Approval for a
two lot plat of this 6.7 acre property. Proposed is a rezoning from B-1, Retail Sales Business
District to B-6/PUD (for office use of the proposed west parcel) and RPUD/PUD (for multi-
family residential use of the proposed east parcel). The intended use of the properties are a
23,000 s.f. office building and a 3-story, 62 unit residential senior housing building; and
WHEREAS, the property is located in the Highway 12 Corridor Study Area for
which the City has established special requirements for rezoning per Municipal Code Section
10.52; and
WHEREAS, the proposed residential use of a portion of the property would
require a Comprehensive Plan Amendment as the property is not guided for residential use in
Orono's 1980 Comprehensive Plan nor in the preliminarily approved 2000-2020 Comprehensive
Plan; and
WHEREAS, the Orono City Council makes the following findings in regard to
this application:
Page 1 of 14
FINDINGS
1. This application was reviewed as Zoning Files #2640-2641.
2. The property is located in the B-1 Limited Neighborhood Business District. The
property consists of approximately 6.7 acres.
3. The development plans include a 23,000 s.f. two-story office building and a 62
unit "55+" senior housing building. The office building would be located on a
parcel approximately 2.7 acres in size. The residential use would be located on , '
a parcel approximately 4.0 acres in size.
4. Rezoning of the property from B-1 General Business to B-6 and RPUD is
essentially down zoning of the property as the permitted uses in the B-6 and
RPUD districts would have less potential impact on the adjacent residential
properties than certain allowed B-1 retail uses. The proposed office use and
senior residential component will not result in the same traffic levels or
development pattern as a retail environment.
5. The 62 unit building on the 4 acre site would provide 15.5 units/acre of senior
housing units at a variety of unit sizes and rental rates. The proposed rezoning
to RPUD Residential Planned Unit Development zoning district is appropriate
to allow for the units/acre density requested based on two key factors:
a. The land is currently zoned to allow high intensity retail uses. The
proposed higher density senior housing use will have a substantially
lower impact on the adjacent properties and the transportation system
than would a high intensity retail use.
b. The senior housing use has a substantially lower impact in terms of
traffic generation and impact on adjacent properties, particularly the single
family residential neighborhood directly adjacent to the property, than
would other types of higher density residential development.
Page 2 of 14
6. Amendment of the Comprehensive Plan is warranted because while the use of
the westerly portion of the property will be in keeping with the currently
planned "commercial" use as established in the 1980 and 2000-2020 CMP, senior
housing use of the easterly portion of the property will be more compatible with
the existing adjacent single-family residential use to the immediate north than
would development to high-intensity retail commercial as currently guided.
Amendment of the Comprehensive Plan is also warranted because topography of
the site is severe, making retail development more difficult, more costly and
potentially more visually incompatible with the surrounding area due to the
potential need for extensive retaining walls to accommodate expanded access and
parking needs.
7. The proposed senior housing meets a number of Orono's housing goals including
the provision of lifecycle housing options and provision of affordable housing.
8. The proposed development has incorporated building and road design that takes
advantage of the existing topography. The senior building has been designed to
fit the general topography of the land, resulting in the ability to reduce the
visual impacts of the 3rd story as well as maintain a vegetated buffer to the north
where existing residential homes would be most impacted by the mass of the
building. Likewise, the office building has been limited to two stories, has been
moved to provide more than the required rear setback, and has been oriented
with the short side facing the adjacent residential neighborhood, limiting its
visual impacts from neighboring properies.
9. Provision of buffers on site will decrease the visual impacts to the adjacent
single family residential use. The Sugar Woods Homeowners Association owns
and maintains a 40' wide platted outlot buffer strip along the perimeter of that
residential subdivision and immediately adjacent to the property. While
restrictions were placed on each lot within the Sugar Woods neighborhood that
prohibits removal of trees greater than 2" in diameter within the rear setback for
those lots located closest to the proposed development, additional screening will
be needed on the property to minimize the impacts of the mass and length of
the senior building as well as the proximity of parking area serving the office
building. Buffers to the east, south and west of the property are less critical
because the property is located on Highway 12; the properties to the east and
Page 3 of 14
south in the City of Long Lake are or will be mostly commercially developed.
Properties located west of the project are commercially developed as the Orono
Shopping Center and Conoco gas station.
pP g
10. Stormwater management will be provided by storm drains discharging to the
existing stormwater pond located adjacent to the property. The pond is owned
by MnDOT and has been designed with the capacity to handle stormwater flows
from the property. In addition to the City of Orono, MnDOT and the
Minnehaha Creek Watershed District have approval authority over the stormwater
management plan.
11. Vehicular access to the property will primarily be via a private road entering '
Brown Road north of the stormwater pond. This is the ideal primary
ingress/egress to the property because a signalized intersection is planned for
Highway 12 and Brown Road as part of the Highway 12 re-routing process.
The City intends that this signalization be completed concurrent with completion
of development of the property. Secondary access to the property will be via,a
right-in right-out access directly to Highway 12 at the boundary between
proposed Lots 1 and 2. At this location a full access to Highway 12 is not
appropriate because of proximity to the Brown/12 intersection. The Orono
Comprehensive Plan does include a future service road connection between
Brown Road and the properties to the west. The service drive has been
designed to allow for a future connection to the west via the northwest corner
of the office parking lot. This would connect with existing future road Outlots
existing within the plats of Sugar Woods and East Willow Woods, with potential
future service road connections to a location directly across 12 from Brimhall
Avenue or continuing west to Willow Drive. Such future connections would
likely reduce the amount of through traffic affecting the senior housing visitor
parking areas.
Page 4 of 14
12. Required off-street parking per Section 10.61, Subd. 10 is as follows:
Office Building:
Required stalls = 1 per 200 s.f. of "net usable floor area for office use"
Net usable floor area = 19,400 s.f. +
Total stalls required = 19,400/200 = 97
Total stalls proposed = 97
Senior Residential Building
Required stalls = 2 per dwelling unit (standard for multiple dwelling use)
Number of dwelling units = 62
Total stalls required = 124
Total stalls proposed = 83 interior stalls + 39 exterior stalls = 122 stalls
The senior housing parking proposal is 2 stalls short of the standard parking
requirement. A building designed for senior housing use may not require the
same parking standards as an apartment-type multiple dwelling use. Applicant
has stated in his experience the parking proposed on site will be sufficient for
the intended use. Pedestrian access between the office and senior building
parking lots will be provided to allow for potential use of the office parking by
senior building visitors during weekend hours.
13. An existing 8' wide trail which is part of the Orono comprehensive trail system
is located along Brown Road. An existing 6' sidewalk is located along the south
property line adjacent to Highway 12. The proposed site plan provides pedestrian
access to the existing trail and sidewalk via sidewalks within the site. A
sidewalk connection between the office building and senior housing building
within the site will also be constructed to allow for easy pedestrian access
between the two uses, which will allow for weekend overflow parking.
14. The applicant has provided preliminary site plans, grading plans, landscaping
plans, utility plans and building construction plans which the Council finds are
sufficient to indicate the intent of the developer and the potential impacts of the
project.
Page 5 of 14
15. The applicant has requested financial assistance from the City of Orono to allow
for affordable rents. Such methods include the creation of a TIF district or
similar provisions or reimbursements.
16. The developer has proposed to plat the senior housing project as condominiums.
Each unit would have a separate legal description and tax statement. Under this
type of plat the units would be owned by a non-profit agency and rented to the
occupants under the agreements established for the building. The applicant has
provided a preliminary plat drawing to allow subdivision of the property into
two lots for development purposes.
17. The City Council finds that the proposed rezoning, proposed comprehensive plan '
amendment, proposed subdivision and proposed development of an office
building and senior housing building are appropriate for the property, will not
have negative impacts on the surrounding properties when all approval conditions
are met, and are in keeping with the goals, policies and philosophies of the City.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves the General Concept Plan for development of a 62 unit building for
senior housing use and a 23,000 s.f. general office building, subject to the fallowing
declarations and conditions:
1. The City of Orono will approve an amendment to the Orono Comprehensive
Plan to allow for the proposed uses upon City Council finding of satisfactory
completion of the Conditions for Development Plan and Final Plat Approval.
2. The City of Orono will approve rezoning of the property as described herein
upon City Council finding of satisfactory completion of the Conditions for
Development Plan and Final Plat Approval.
3. This resolution is not intended to grant Preliminary Plat Approval.
Page 6 of 14
4. Conditions for Development Plan and Final Plat Approval are as follows:
A. 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. (Plans and specifications for service line connections
around the pond. Proposed plans shall be provided to the City
for final review and approval with the Preliminary Plan set. The
Public Works Department and MnDOT shall review and approve ,
all utility improvements.)(Final sanitary sewer and watermain
plans shall be provided and subject to approval by the Public
Works Department. Plan sets for sewer and water shall be
provided with the Preliminary Plat set.)
2) Final grading, drainage and erosion control plan showing existing
and proposed contours, building locations, elevations, stormwater
facilities and calculations, utilities and erosion control measures
to be used during construction. Development Plan and Final Plat
Approval will not be granted until the Minnehaha Creek
Watershed District and MnDOT have approved the stormwater
plans.
3) Engineering details and design for any proposed retaining walls.
4) Final landscaping design plan with planting schedules including
numbers and species, in accordance with the landscaping
requirements of the RPUD and B-6 zoning districts.
5) Final building construction plans detailing roofing and siding
materials, etc.
Page 7 of 14
6) Road and parking lot construction plans, including confirmation
that parking lots and roadways will be paved and provided with
concrete curb and gutter, and that all driving lanes within parking
lots shall have a 9-ton minimum pavement section. A geotechnical
evaluation of the soil shall be done in conjunction with the
pavement design and shall be submitted to the City Engineer for
approval. Applicant shall provide detailed engineering evaluations
and plans to indicate the stability of the parking areas located
adjacent to the office building, including the retaining wall system
adjacent to the property.
7) Detailed signage and lighting plans.
g
8) Any additional plans and specifications deemed necessary by the
City as review progresses.
B. Platting Process. Applicant shall complete all requirements for Final
Plat Approval as outlined in a forthcoming Preliminary Plat Approval
Resolution.
C. General Conditions.
1) The sidewalk/trail connections shall be provided to the Brown
Road trail along the east side of the property, from the property
to the sidewalk along Highway 12, and between each of the
proposed buildings. All trails shall be permanently owned and
maintained by applicant/property owner to provide pedestrian
access through the site.
2) Applicants' architect shall submit final development plans to the
Metro Council Environmental Services to determine the exact
number of SAC units to be charged at the time of the issuance of
building permits.
Page 8 of 14
3) Appropriate traffic and parking signage shall be installed subject
to the Orono staff and City Engineer's review, including required
stop signs within the parking lots and service drive to ensure safe
parking areas and pedestrian crossing within the development.
4) All landscaping shall conform to the standards established by City
ordinance for the RPUD and B-6 districts.
5) Monument signs may be provided by the developer at each
entrance to the site. The signage shall be limited to a company
or development name and/or logo and street address on the ,
monument signs. Final design/materials of monument signage
shall be subject to approval by the City Council.
6) Final lighting plan shall be subject to City staff approval and
shall locate lighting so as to direct lights away from the adjacent
residential neighborhood.
7) Erosion control shall adhere to "Best Management Practices for
Protecting Water Quality in Urban Areas". All erosion controls
as required by the City shall be in place prior to commencing
excavation on the site.
8) 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 must strive to maintain perimeter vegetation to the
greatest extent possible during construction to minimize visual
impacts.
9) Additional improvements including burying of power lines,
installation of street lighting compatible with the City of Long
Lake's street lighting program, and improvement of sidewalks
outside the project boundaries will be addressed in the
Development Agreement noted herein.
Page 9 of 14
10) A road easement shall be granted to the City to permit public
ingress/egress over the driveways on the site to guarantee future
access for a public road should the City choose to develop a
service road connection to the west in the future.
11) Easements shall be provided to allow for ingress and egress over
the driveways and sidewalks on the site to allow access between
the office building and senior housing parcel.
12) Additional Drainage and Utility Easements shall be granted to the
City of Orono over all utility lines and rights of way.
13) This concept plan 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.
D. Financial Plan. Development Plan and Final Plat Approval are
contingent on successful completion of a financing plan acceptable to the
City Council which may include use of TIF funding and/or other means
of financial assistance for the senior housing development. The use of
such financial assistance methods is intended to ensure the continued use
of the senior housing building for its intended purpose, and to provide
disincentives to its conversion to other uses which may not be in keeping
with City housing goals.
E. Development Agreement. Development Approval and Final Plat
Approval is contingent upon the successful execution of a Development
Agreement between the applicant and the City. Such Agreement shall
address all financial arrangements between the applicant and the City, as
well as all specific City requirements for the development.
Page 10 of 14
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 landscaping, grading,
erosion control, utilities, driveways and parking areas, trails, sidewalks,
retaining walls and stormwater management facility construction, and the
applicant shall provide to the City a financial guarantee of 150% of the
improvement costs.
G. Park Dedication. City will waive the RPUD requirements for 10% site
dedication for private parks for the senior housing project. The standard ,
Park Dedication fee shall be paid by the developer for the senior housing
site at the standard residential rate provided by City ordinance (8% of the
fair market value of the site but not less than $3,100 per dwelling unit).
The City Council may agree to defer specified amounts of the senior
housing park fee, which arrangement shall be detailed within the
Financial Plan. The standard park dedication fee for the office project site
shall be paid by the developer at the standard per-acre rate per City
ordinance (8% of fair market value of land but not to exceed $13,250 per
acre).
H. Sewer and Water Connection Charges. The applicant shall pay sewer
and water connection charges to the City in an amount to be arrived at
by use of the following formula:
(A + B) - 41 x 6.7 acres x $13,545/acre = Connection Charge Due
(A + B)
where: A = number of senior housing dwelling units
B = number of SAC units required for office building
41 = number of sewer/water units paid previously
The City Council may agree to defer specified amounts of the sewer and
water connection charges, which arrangement shall be detailed within the
Financial Plan.
Page 11 of 14
5. This General Concept Plan approval resolution approves the development concept
subject to the applicant meeting the requirements of this resolution and all other
requirements of the City. This resolution does not constitute approval of the
Rezoning or Comprehensive Plan Amendment. This resolution does not constitute
Preliminary Plat Approval. Such approvals shall only be ,. when the City
Council finds that all "Conditions for Development, • d _FA. at
Approval" as identified herein have been met. c m�.5,Ct_e.,r e.41-
6. This Conceptual Approval shall be effective for a period of 6 months from the
date of this resolution. If Development Plan and Final Plat Approval is not
granted within that period, the terms and conditions of this resolution shall be
null and void. The City Council at its sole discretion may extend this effective , '
period.
7. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the Orono City Council on this 12th day of March, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner Property Owner
Applicant
Page 12 of 14
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
March, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the
City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public
within and for said county,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 13 of 14
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public
within and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public
within and for said county,personally appeared
known to 'me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 14 of 14
A RESOLUTION APPROVING THE
GENERAL CONCEPT PLAN FOR PROPERTY
LOCATED AT 2060 WAYZATA BOULEVARD
FILE NO. 2640/2641
WHEREAS, Orono Ambar, LLC (hereinafter the "applicant") has an interest in
property located at 2060 Wayzata Boulevard within the City of Orono (hereinafter the "City")
and legally described as follows:
Outlot F, Sugarwoods, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the City of Orono Highway 12 PUD ordinance (Municipal Code
Section 10.53) requires a multiple step approval process for properties developing as part of
a PUD; the General Concept Plan approval stage is the first step in the process followed by
the Development approval stage, with a concurrent platting process for Preliminary and Final
Plat Approval; and
WHEREAS, the applicant has requested General Concept Plan Approval for a
two lot plat of this 6.7 acre property. Proposed is a rezoning from B-1, Retail Sales Business
District to B-6/PUD (for office use of the proposed west parcel) and RPUD/PUD (for multi-
family residential use of the proposed east parcel). The intended use of the properties are a
23,000 s.f. office building and a 3-story, 62 unit residential senior housing building; and
WHEREAS, the property is located in the Highway 12 Corridor Study Area for
which the City has established special requirements for rezoning per Municipal Code Section
10.52; and
WHEREAS, the proposed residential use of a portion of the property would
require a Comprehensive Plan Amendment as the property is not guided for residential use in
Orono's 1980 Comprehensive Plan nor in the preliminarily approved 2000-2020 Comprehensive
Plan; and
WHEREAS, the Orono City Council makes the following findings in regard to
this application:
Page 1 of 14
FINDINGS
1. This application was reviewed as Zoning Files #2640-2641.
2. The property is located in the B-1 Limited Neighborhood Business District. The
property consists of approximately 6.7 acres.
3. The development plans include a 23,000 s.f. two-story office building and a 62
unit "55+" senior housing building. The office building would be located on a
parcel approximately 2.7 acres in size. The residential use would be located on
a parcel approximately 4.0 acres in size.
4. Rezoning of the property from B-1 General Business to B-6 and RPUD is
essentially down zoning of the property as the permitted uses in the B-6 and
RPUD districts would have less potential impact on the adjacent residential
properties than certain allowed B-1 retail uses. The proposed office use and
senior residential component will not result in the same traffic levels or
development pattern as a retail environment.
5. The 62 unit building on the 4 acre site would provide 15.5 units/acre of senior
housing units at a variety of unit sizes and rental rates. The proposed rezoning
to RPUD Residential Planned Unit Development zoning district is appropriate
to allow for the units/acre density requested based on two key factors:
a. The land is currently zoned to allow high intensity retail uses. The
proposed higher density senior housing use will have a substantially
lower impact on the adjacent properties and the transportation system
than would a high intensity retail use.
b. The senior housing use has a substantially lower impact in terms of
traffic generation and impact on adjacent properties, particularly the single
family residential neighborhood directly adjacent to the property, than
would other types of higher density residential development.
Page 2 of 14
6. Amendment of the Comprehensive Plan is warranted because while the use of
the westerly portion of the property will be in keeping with the currently
planned "commercial" use as established in the 1980 and 2000-2020 CMP, senior
housing use of the easterly portion of the property will be more compatible with
the existing adjacent single-family residential use to the immediate north than
would development to high-intensity retail commercial as currently guided.
Amendment of the Comprehensive Plan is also warranted because topography of
the site is severe, making retail development more difficult, more costly and
potentially more visually incompatible with the surrounding area due to the
potential need for extensive retaining walls to accommodate expanded access and
parking needs.
7. The proposed senior housing meets a number of Orono's housing goals including
the provision of lifecycle housing options and provision of affordable housing.
8. The proposed development has incorporated building and road design that takes
advantage of the existing topography. The senior building has been designed to
fit the general topography of the land, resulting in the ability to reduce the
visual impacts of the 3rd story as well as maintain a vegetated buffer to the north
where existing residential homes would be most impacted by the mass of the
building. Likewise, the office building has been limited to two stories, has been
moved to provide more than the required rear setback, and has been oriented
with the short side facing the adjacent residential neighborhood, limiting its
visual impacts from neighboring properies.
9. Provision of buffers on site will decrease the visual impacts to the adjacent
single family residential use. The Sugar Woods Homeowners Association owns
and maintains a 40' wide platted outlot buffer strip along the perimeter of that
residential subdivision and immediately adjacent to the property. While
restrictions were placed on each lot within the Sugar Woods neighborhood that
prohibits removal of trees greater than 2" in diameter within the rear setback for
those lots located closest to the proposed development, additional screening will
be needed on the property to minimize the impacts of the mass and length of
the senior building as well as the proximity of parking area serving the office
building. Buffers to the east, south and west of the property are less critical
because the property is located on Highway 12; the properties to the east and
Page 3 of 14
south in the City of Long Lake are or will be mostly commercially developed.
Properties located west of the project are commercially developed as the Orono
Shopping Center and Conoco gas station.
10. Stormwater management will be provided by storm drains discharging to the
existing stormwater pond located adjacent to the property. The pond is owned
by MnDOT and has been designed with the capacity to handle stormwater flows
from the property. In addition to the City of Orono, MnDOT and the
Minnehaha Creek Watershed District have approval authority over the stormwater
management plan.
11. Vehicular access to the property will primarily be via a private road entering
Brown Road north of the stormwater pond. This is the ideal primary
ingress/egress to the property because a signalized intersection is planned for
Highway 12 and Brown Road as part of the Highway 12 re-routing process.
The City intends that this signalization be completed concurrent with completion
of development of the property. Secondary access to the property will be via a
right-in right-out access directly to Highway 12 at the boundary between
proposed Lots 1 and 2. At this location a full access to Highway 12 is not
appropriate because of proximity to the Brown/12 intersection. The Orono
Comprehensive Plan does include a future service road connection between
Brown Road and the properties to the west. The service drive has been
designed to allow for a future connection to the west via the northwest corner
of the office parking lot. This would connect with existing future road Outlots
existing within the plats of Sugar Woods and East Willow Woods, with potential
future service road connections to a location directly across 12 from Brimhall
Avenue or continuing west to Willow Drive. Such future connections would
likely reduce the amount of through traffic affecting the senior housing visitor
parking areas.
Page 4 of 14
12. Required off-street parking per Section 10.61, Subd. 10 is as follows:
Office Building:
Required stalls = 1 per 200 s.f. of "net usable floor area for office use"
Net usable floor area = 19,400 s.f. +
Total stalls required = 19,400/200 = 97
Total stalls proposed = 97
Senior Residential Building
Required stalls = 2 per dwelling unit (standard for multiple dwelling use)
Number of dwelling units = 62
Total stalls required = 124
Total stalls proposed = 83 interior stalls + 39 exterior stalls = 122 stalls
The senior housing parking proposal is 2 stalls short of the standard parking
requirement. A building designed for senior housing use may not require the
same parking standards as an apartment-type multiple dwelling use. Applicant
has stated in his experience the parking proposed on site will be sufficient for
the intended use. Pedestrian access between the office and senior building
parking lots will be provided to allow for potential use of the office parking by
senior building visitors during weekend hours.
13. An existing 8' wide trail which is part of the Orono comprehensive trail system
is located along Brown Road. An existing 6' sidewalk is located along the south
property line adjacent to Highway 12. The proposed site plan provides pedestrian
access to the existing trail and sidewalk via sidewalks within the site. A
sidewalk connection between the office building and senior housing building
within the site will also be constructed to allow for easy pedestrian access
between the two uses, which will allow for weekend overflow parking.
14. The applicant has provided preliminary site plans, grading plans, landscaping
plans, utility plans and building construction plans which the Council finds are
sufficient to indicate the intent of the developer and the potential impacts of the
project.
Page 5 of 14
15. The applicant has requested financial assistance from the City of Orono to allow
for affordable rents. Such methods include the creation of a TIF district or
similar provisions or reimbursements.
16. The developer has proposed to plat the senior housing project as condominiums.
Each unit would have a separate legal description and tax statement. Under this
type of plat the units would be owned by a non-profit agency and rented to the
occupants under the agreements established for the building. The applicant has
provided a preliminary plat drawing to allow subdivision of the property into
two lots for development purposes.
17. The City Council finds that the proposed rezoning, proposed comprehensive plan
amendment, proposed subdivision and proposed development of an office
building and senior housing building are appropriate for the property, will not
have negative impacts on the surrounding properties when all approval conditions
are met, and are in keeping with the goals, policies and philosophies of the City.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves the General Concept Plan for development of a 62 unit building for
senior housing use and a 23,000 s.f. general office building, subject to the following
declarations and conditions:
1. The City of Orono will approve an amendment to the Orono Comprehensive
Plan to allow for the proposed uses upon City Council finding of satisfactory
completion of the Conditions for Development Plan and Final Plat Approval.
2. The City of Orono will approve rezoning of the property as described herein
upon City Council finding of satisfactory completion of the Conditions for
Development Plan and Final Plat Approval.
3. This resolution is not intended to grant Preliminary Plat Approval.
Page 6 of 14
4. Conditions for Development Plan and Final Plat Approval are as follows:
A. 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. (Plans and specifications for service line connections
around the pond. Proposed plans shall be provided to the City
for final review and approval with the Preliminary Plan set. The
Public Works Department and MnDOT shall review and approve
all utility improvements.)(Final sanitary sewer and watermain
plans shall be provided and subject to approval by the Public
Works Department. Plan sets for sewer and water shall be
provided with the Preliminary Plat set.)
2) Final grading, drainage and erosion control plan showing existing
and proposed contours, building locations, elevations, stormwater
facilities and calculations, utilities and erosion control measures
to be used during construction. Development Plan and Final Plat
Approval will not be granted until the Minnehaha Creek
Watershed District and MnDOT have approved the stormwater
plans.
3) Engineering details and design for any proposed retaining walls.
4) Final landscaping design plan with planting schedules including
numbers and species, in accordance with the landscaping
requirements of the RPUD and B-6 zoning districts.
5) Final building construction plans detailing roofing and siding
materials, etc.
Page 7 of 14
6) Road and parking lot construction plans, including confirmation
that parking lots and roadways will be paved and provided with
concrete curb and gutter, and that all driving lanes within parking
lots shall have a 9-ton minimum pavement section. A geotechnical
evaluation of the soil shall be done in conjunction with the
pavement design and shall be submitted to the City Engineer for
approval. Applicant shall provide detailed engineering evaluations
and plans to indicate the stability of the parking areas located
adjacent to the office building, including the retaining wall system
adjacent to the property.
7) Detailed signage and lighting plans.
8) Any additional plans and specifications deemed necessary by the
City as review progresses.
B. Platting Process. Applicant shall complete all requirements for Final
Plat Approval as outlined in a forthcoming Preliminary Plat Approval
Resolution.
C. General Conditions.
1) The sidewalk/trail connections shall be provided to the Brown
Road trail along the east side of the property, from the property
to the sidewalk along Highway 12, and between each of the
proposed buildings. All trails shall be permanently owned and
maintained by applicant/property owner to provide pedestrian
access through the site.
2) Applicants' architect shall submit final development plans to the
Metro Council Environmental Services to determine the exact
number of SAC units to be charged at the time of the issuance of
building permits.
Page 8 of 14
3) Appropriate traffic and parking signage shall be installed subject
to the Orono staff and City Engineer's review, including required
stop signs within the parking lots and service drive to ensure safe
parking areas and pedestrian crossing within the development.
4) All landscaping shall conform to the standards established by City
ordinance for the RPUD and B-6 districts.
5) Monument signs may be provided by the developer at each
entrance to the site. The signage shall be limited to a company
or development name and/or logo and street address on the
monument signs. Final design/materials of monument signage
shall be subject to approval by the City Council.
6) Final lighting plan shall be subject to City staff approval and
shall locate lighting so as to direct lights away from the adjacent
residential neighborhood.
7) Erosion control shall adhere to "Best Management Practices for
Protecting Water Quality in Urban Areas". All erosion controls
as required by the City shall be in place prior to commencing
excavation on the site.
8) 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 must strive to maintain perimeter vegetation to the
greatest extent possible during construction to minimize visual
impacts.
9) Additional improvements including burying of power lines,
installation of street lighting compatible with the City of Long
Lake's street lighting program, and improvement of sidewalks
outside the project boundaries will be addressed in the
Development Agreement noted herein.
Page 9 of 14
10) A road easement shall be granted to the City to permit public
ingress/egress over the driveways on the site to guarantee future
access for a public road should the City choose to develop a
service road connection to the west in the future.
11) Easements shall be provided to allow for ingress and egress over
the driveways and sidewalks on the site to allow access between
the office building and senior housing parcel.
12) Additional Drainage and Utility Easements shall be granted to the
City of Orono over all utility lines and rights of way.
13) This concept plan 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.
D. Financial Plan. Development Plan and Final Plat Approval are
contingent on successful completion of a financing plan acceptable to the
City Council which may include use of TIF funding and/or other means
of financial assistance for the senior housing development. The use of
such financial assistance methods is intended to ensure the continued use
of the senior housing building for its intended purpose, and to provide
disincentives to its conversion to other uses which may not be in keeping
with City housing goals.
E. Development Agreement. Development Approval and Final Plat
Approval is contingent upon the successful execution of a Development
Agreement between the applicant and the City. Such Agreement shall
address all financial arrangements between the applicant and the City, as
well as all specific City requirements for the development.
Page 10 of 14
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 landscaping, grading,
erosion control, utilities, driveways and parking areas, trails, sidewalks,
retaining walls and stormwater management facility construction, and the
applicant shall provide to the City a financial guarantee of 150% of the
improvement costs.
G. Park Dedication. City will waive the RPUD requirements for 10% site
dedication for private parks for the senior housing project. The standard
Park Dedication fee shall be paid by the developer for the senior housing
site at the standard residential rate provided by City ordinance (8% of the
fair market value of the site but not less than $3,100 per dwelling unit).
The City Council may agree to defer specified amounts of the senior
housing park fee, which arrangement shall be detailed within the
Financial Plan. The standard park dedication fee for the office project site
shall be paid by the developer at the standard per-acre rate per City
ordinance (8% of fair market value of land but not to exceed $13,250 per
acre).
H. Sewer and Water Connection Charges. The applicant shall pay sewer
and water connection charges to the City in an amount to be arrived at
by use of the following formula:
(A + B) - 41 x 6.7 acres x $13,545/acre = Connection Charge Due
(A + B)
where: A = number of senior housing dwelling units
B = number of SAC units required for office building
41 = number of sewer/water units paid previously
The City Council may agree to defer specified amounts of the sewer and
water connection charges, which arrangement shall be detailed within the
Financial Plan.
Page 11 of 14
5. This General Concept Plan approval resolution approves the development concept
subject to the applicant meeting the requirements of this resolution and all other
requirements of the City. This resolution does not constitute approval of the
Rezoning or Comprehensive Plan Amendment. This resolution does not constitute
Preliminary Plat Approval. Such approvals shall only be considered when the
City Council finds that all "Conditions for Development Plan and Final Plat
Approval" as identified herein have been met.
6. This Conceptual Approval shall be effective for a period of 6 months from the
date of this resolution. If Development Plan and Final Plat Approval is not
granted within that period, the terms and conditions of this resolution shall be
null and void. The City Council at its sole discretion may extend this effective
period.
7. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the Orono City Council on this 12th day of March, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner Property Owner
Applicant
Page 12 of 14
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
March, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the
City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public
within and for said county,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 13 of 14
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public
within and for said county,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public
within and for said county,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 14 of 14