HomeMy WebLinkAboutResolution 7373 v,Qfv. CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�l G- NO. 7373
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A RESOLUTION
APPROVING A PRELIMINARY PLAT
OF THE PROPERTY ADDRESSED:
1015 WILDHURST TRAIL/ PID# 07-117-23-21-0002
FILE NO. LA23-000011
WHEREAS, on March 21, 2023, Matthew Johnson (hereinafter the"Developer")who has interest in
the property, applied for preliminary plat approval pursuant to the City Code for the property addressed
1015 Wildhurst Trail and legally described as:
That part of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, Township 117, Range 23, Hennepin County, Minnesota, described as follows:
Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West, along
the north line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 80.00 feet;thence South 01 degrees 05 minutes 05 seconds West, parallel
with the east line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 306.69 feet; thence South 88 degrees 17 minutes 15 seconds East, parallel
with said north line, a distance of 30.00 feet;thence South 01 degrees 05 minutes 05 seconds
West, parallel with said east line, a distance of 160.02 feet; thence South 30 degrees 00 minutes 00
seconds East a distance of 96.84 feet to said east line;thence North 01 degrees 05 minutes 05
seconds East, along said east line, a distance of 549.10 feet to the point of beginning. Hennepin
County, Minnesota (hereinafter the"Property");
WHEREAS, the Developer made an application to create two buildable lots and one access outlot
from the Property; and
WHEREAS, on May 15, 2023, 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 this application were given the opportunity to speak thereon; and
WHEREAS, on May 15, 2023, the Planning Commission recommended approval of the
preliminary plat as applied; and
WHEREAS, on June 12, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that on June 12, 2023, the City Council of Orono
Minnesota hereby grants preliminary plat approval preliminary plat approval to create a two-lot
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RESOLUTION OF THE CITY COUNCIL
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subdivision including one new buildable lot, and one access outlot based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
Al. 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.
A2. The Property contains 9.29 acres in area.
A3. The Property is guided for Rural Density Residential in the 2040 Community Management Plan.
A4. Access to the Property is via the existing Wildhurst Trail, a public street.
A5. The Property is located in the RR-1 B One Family Rural Residential Zoning District.
A6. The proposed Lots meet the dimensional standards and setbacks established for the RR-1 B
district.
A7. The Property will be subdivided into two (2) buildable lots and an access outlot. The subdivision
is proposed as a Front Lot/Back Lot subdivision. Both lots conform to the size requirements of
the City Code.
A8. Both Lots are proposed to be served via a private shared driveway within an outlot accessing off
of Wildhurst Trail. A Private Driveway Access Easement should be established for each of
proposed Lots; a Maintenance Agreement for the private driveway should also be provided by
the Developer. According to Orono Code, a maximum of two lots can be served via a private
driveway.
A9. The Conservation Design Report by Kjolhaug Environmental Services dated 04/04/2023
provides an overview of the natural site characteristics. The plan outlines the Developer's intent
to protect significant tree stands; the removal of dead or diseased trees will be done on an as-
needed basis. The goal of the development scope is to minimize density, tree removal, and
clearing.
A10. The Developer has not provided a grading plan. The grading plan for the private driveway will
be required at the time of the first building permit on either of the Lots. Grading plans for the
individual lots will be developed and submitted individually with the construction permits for the
new homes on each Lot. The grading plans shall manage stormwater on site without negatively
impacting adjacent parcels. The Developer shall coordinate with the Minnehaha Creek
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RESOLUTION OF THE CITY COUNCIL
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Watershed District (hereinafter the "MCWD") and provide confirmation to the City regarding the
permits or approvals they will require for this subdivision.
A11. The Property is within Tier 3 of the City's Stormwater Quality Overlay District limiting total site
hardcover to 35% of the lot area. As each of the lots exceed 1.99 acres in area there is no limit on
overall structural coverage.
Al2. The Parks, Open Space, and Trail chapter of the Orono Comprehensive Plan does not specify
the need for a neighborhood park or a trail at this location which would specifically require
dedication of land from the Property. Saga Hill Park Preserve is connected to Wildhurst Trail via
an undeveloped right-of-way.
A13. In considering this application for preliminary plat, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed plat upon the health,
safety and welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area.
CONCLUSIONS, ORDER AND CONDITIONS:
NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the
Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into two
buildable lots and one access outlot, as depicted on the preliminary plat drawing dated March 21, 2023
prepared by David B. Pemberton, attached as Exhibit A, subject to the following conditions:
B1.Council approval is based on the entire record, above Findings.
B2.Any amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
B3.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.
B4.Approval is subject to MCWD approval and permits as required. Final Rat approval shall not be
granted until the Developer has provided evidence that all required MCWD permits have been
obtained.
B5.Approval is subject to the recommendations of the City Engineer and any forthcoming comments
as may be warranted including but not limited to the following:
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VpAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7373
a. The applicable general engineering comments and or conditions provided by City's
consulting Engineer dated May 4, 2023 attached hereto as Exhibit B shall be suitably
addressed by Developer in the development plan submittal.
b. Connection to the municipal sanitary sewer system is available from Wildhurst Trail.
These lots should be required to connect to this system, in lieu of using on-site septic
systems. A manhole installed for 1003 Wildhurst Trail may facilitate a short distance to
connect to the system. Approval by the City Engineer of the connection point and any
necessary permits for the sanitary sewer system.
c. Connection of the driveway serving the two new lots will need to be reviewed in relation
to the existing driveway for 1003 Wildhurst Trail.
d. Wildhurst Trail was improved in 2018. Connection of the new driveway will need to be
coordinated with the current drainage layout.
e. All required Drainage and Utility Easements must be provided on the Plat.
B6.Permits Required.
a. Grading and Right-of-Way permits are required prior to construction of the shared
driveway in Outlot A.
b. Individual Sanitary Sewer Connection permits, at the time of building permits.
c. MCWD Erosion Control and Stormwater Management permits, if applicable.
B7.Prior to commencement of any construction, 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.
B8.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.
B9.Easements Required.
a. Drainage and Utility Easements shall be dedicated to the public on the Final Plat as
follows:
i. Over all of Outlot A.
ii. 10' along all exterior property lines, and 5' either side of interior property lines,
except such easements shall be increased to accommodate drainage and utilities
where required, subject to City staff approval.
iii. Over the entire sanitary main serving multiple lots.
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iv. Over all pipes, swales, and ditches providing a drainage path for multiple
properties.
b. A Drainage Easement shall be granted over all wetlands, creeks, and buffers on the
Property.
c. Driveway Easement and Maintenance Agreements.
B10. Upon evidence of resettlement history, the Developer shall cease all activity and contact the
City and the State Historical Preservation Office prior to proceeding.
B11. Development Fees are based on the 2023 Fee Schedule:
a. Stormwater and Drainage Trunk Fee: $8,060.00 per lot in a 2-acre zone. SWDT Fee due
$8,060 x 2 lots = $16,120.00.
b. Park Dedication Fee: [$7,925.73 x 1 new lot] = $7,925.73.
B12. 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 MCWD has approved the stormwater management plans.
b. Final sanitary sewer plans.
c. Final stormwater management plan, if applicable.
d. Final stormwater pollution prevention plan (SWPPP), if applicable.
e. Final plans for installation of the development identification monument sign, if applicable.
A separate Sign Permit is required prior to installation.
f. Sufficient detail to meet the recommendations of the City Engineer.
B13. Developer shall execute a Developer's Agreement for construction of improvements on the
Property to ensure all site improvements are installed to the City's specifications and satisfaction.
Said Developer's Agreement may contain additional conditions not noted in this Preliminary Plat
Approval resolution.
a. No land alterations can take place until erosion control is established and the City is in
receipt of a final grading.
b. No improvements can begin until the City Engineer has approved all improvement plans.
c. No improvements can begin until 24 hours after the Plat has been recorded with
Hennepin County.
d. A Letter of Credit must accompany a fully executed Developer's Agreement written to
150% of the cost of the proposed site improvements.
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e. No building permits will be issued for individual lots until the sewer utility work has been
installed and inspected and all drainage facilities and improvements have been installed
and inspected.
B14. A pre-construction meeting shall be required at least 48 hours prior to commencement of any
utility or development site work on the Property to be coordinated by the Developer.
B15. Council approval is based on the entire record, above Findings. Any amendments to the plans
which are not in conformity with City codes may require further Planning Commission and City
Council review.
B16. Authorities granted by this resolution run with the Property not with the owners, 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 approvals will expire on that date (June 12,
2024). If Final Plat approval is not granted by that date, the terms and conditions of this
resolution shall be null and void. The City Council at its sole discretion may extend the effective
period of the preliminary plat.
FINAL SUBMITTALS:
Developer shall complete all requirements for Final Plat Approval as follows. The following list of final
submittals must be submitted to the Planning Department at least four (4) weeks prior to the regularly
scheduled Council meeting held on the second and fourth Mondays of the month. These submittals are
as follows:
Cl.Record Plat Drawings. 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'. A
scalable digital copy is also required. Drawing to include:
a. Lot lines platted per preliminary plat survey/drawing by David B. Pemberton dated March
21, 2023 attached hereto as Exhibit A, except as modified herein.
b. Dedication of "Drainage and Utility Easements" 10' wide along exterior property lines and
5' wide along the interior property lines.
c. Dedication of"Drainage and Utility Easements"20-feet wide centered over the sewer main.
d. Dedication of "Drainage Easements" over the wetlands and drainageways and all pipes,
swales, and ditches providing a drainage path for multiple properties.
e. Dedication of"Drainage and Utility Easements" over all of Outlot A.
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f. Name of plat.
C2.Legal documents required:
a. Title opinion addressed to the City or a title insurance policy in favor of the City issued no
more than 60-days prior to the date of Final Plat approval. 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 Developer must provide certified copies of all recorded easements currently affecting
the Property.
c. Signed Developers Agreement.
d. Signed Private Driveway Easement and Maintenance Agreement.
C3.Financial Guarantee. The Developer shall submit a final plat review escrow in the amount of
$2,500.00 with the Final Plat application.
Additionally, the Developer's Agreement shall include a financial guarantee by the Developer to
ensure the completion of site improvements. The Developer's engineer shall complete an estimate
of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion
control, utilities, driveways and stormwater management facility construction which the City's
Engineer will verify. The Developer shall provide to the City a financial guarantee of 150% of the
improvement costs.
C4.Plat approval fees to be paid: Total due: $22,170.00
a. Final plat fee: $500.00.
b. Park Dedication Fee: $7,925.73.
c. Stormwater and Drainage Trunk Fee: $16,120.00.
d. Sanitary Sewer(based on the 2023 Fee Schedule): $15,730
i. Met Council SAC Fee: $2,485 per lot due at the time of Final Plat.
ii. Connection Permit: $50 per lot (due at the time of individual building permits).
iii. Connection Inspection Fee: $100 per lot (due at the time of individual building
permits).
iv. Connection Fee: $5,380 per lot due at the time of Final Plat.
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-v0k CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 7373
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C5.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.
ADOPTED by the Orono City Council on this 12th day of June, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
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BLOCK 1HENNEPIN COUNTY 5 1 Bearing shown hereon are based on the HennepinCounty Coordinate System (NAD83-1986). Platbearings are localized to this bearing basis.SCALE IN FEETI hereby certify that this survey, planor report was prepared by me or undermy direct supervision and that I am aduly licensed land surveyor under thelaws of the State of Minnesota. Datedthis 21 day of March, 2023.___________________________________David B. PembertonMinnesota License No. 40344ONLY THE CONTRACT CLIENT HASAUTHORIZATION TO DISTRIBUTE/USE THISHARDCOPY SURVEY OR CADD FILE IN IT'SCURRENT FORM FOR ITS ORIGINAL INTENDEDPURPOSE. ANY SUBMITTAL OF THIS SURVEY TOANY 3 PARTY FOR PERMITTING OF ANY KINDSHALL BE MADE ONLY IN THE NAME OF THECLIENT, OR CLIENTS REPRESENTATIVE ASNAMED HEREON. THE MODIFICATION OF THISHARDCOPY SURVEY/ EXHIBIT OR CADD FILE ISPROHIBITED WITHOUT AUTHORIZATION FROM45 NORTH COMPANY, LLC.13401 Preston RoadMinnetonka, Minnesota 55345Tel: 612-597-0453www.45NorthLS.com45NorthLandSurveying@gmail.com SHEET 1 OF 1 TWP.117 RNG. 23. SEC.07LEGAL DISTRIBUTIONSUBMITAL/REVISIONCERTIFICATIONVICINITY MAPPRELIMINARYPLATOFWILDHURSTWOODSPREPARED FOR:MATTJOHNSONOriginal Survey: 3/21/2023That part of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter ofSection 7, Township 117, Range 23, Hennepin County, Minnesota, EXCEPT that partdescribed as follows:Beginning at the northeast corner of said Southwest Quarter of the NortheastQuarter of the Northwest Quarter of said Section 7; thence North 88 degrees 17minutes 15 seconds West, along the north line of said Southwest Quarter of theNortheast Quarter of the Northwest Quarter of Section 7, a distance of 80.00 feet;thence South 01 degrees 05 minutes 05 seconds West, parallel with the east line ofsaid Southwest Quarter of the Northeast Quarter of the Northwest Quarter ofSection 7, a distance of 306.69 feet; thence South 88 degrees 17 minutes 15 secondsEast, parallel with said north line, a distance of 30.00 feet; thence South 01 degrees05 minutes 05 seconds West, parallel with said east line, a distance of 160.02 feet;thence South 30 degrees 00 minutes 00 seconds East a distance of 96.84 feet to saideast line; thence North 01 degrees 05 minutes 05 seconds East, along said east line, adistance of 549.10 feet to the point of beginning.Area: 405,019± sq. ft.~ 9.30± acresCOLEGENDWNOTESSite Address: 1003 Wildhurst Tr, Orono, MN 55364Flood Zone Information: This property appears to lie in Zone X (area determined to be outsideof the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community PanelNo.27053C0824F , effective date of November 4, 2016.1)2)Parcel Area Information: Gross Area: 405,020 s.f. ~ 9.298± acres3)Benchmark: Elevations are based on Hennepin County Control Station: FOREST which has anelevation of: 945.54 feet (NAVD88).Contours shown hereon were derived from a combination of field observations and LiDAR datafrom the Minnesota Department of Natural Resources.4)5)Zoning Information:The current Zoning for the subject property is RR-1B (One Family Residential District) per theCity of Orono's zoning map.:Principal Structure Setbacks - Street(s) 50 feet ( xxx Road ) Side: 30 feet Rear: 50 feet Lake: 75 feet (From Ordinary High Water Line) Wetland: 25 feet or MCWD buffer.Height: 30 feet Hardcover: xx percent of lot area* A Zoning Classification Letter from the client must be provided to the surveyor. All zoning,setback information and hardcover information shown here on must be verified by all partiesinvolved in the planning and design process for this project.We have not received the current zoning classification and building setback requirements fromthe insurer.Utilities: Underground utilities shown hereon are by observed evidence only. We have notplaced a Gopher State One Call for this survey. There may or may not be underground utilitiesin the mapped area, therefore extreme caution must be exercise before any excavation takesplace on or near this site. It is the clients responsibility to create a Gopher State One Callticket.Seasonal conditions may inhibit our ability to visibly observe all the utilities located on thesubject property6)The wetland delineation was performed by Kjolhaug Environmental Services Company, Inc.and was flagged on August 10, 2022 .WETLAND DELINEATION INFORMATIONPROPERTY DESCRIPTIONPROPOSED EASEMENT INFORMATIONBEING 5 FEET IN WIDTH AND ADJOINING LOT ANDBLOCK LINES AND 10 FEET IN WIDTH ADJOININGRIGHT OF WAY/OUTLOT LINES, UNLESS ASOTHERWISE SHOWN HEREON.STREET NAMEPROPOSED LOT INFORMATIONLot 1: 217,811+/- sq. ft. ~ 5.000+/- acresLot 2: 176,218+/- sq. ft. ~ 4.045+/- acresOutlot A: 10,991+/- sq. ft. ~ 0.253+/- acres