HomeMy WebLinkAboutResolution 6001 � o�
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� CITY of ORONO
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�'�� �G~ RESOLUTION OF THE CITY COUNCIL
`�kEsK�g' No. 6 0 0 1
A RESOLUTION APPROVING A
PRELIMINARY PLAT AND VACATION OF EASEMENTS
FOR PROPERTIES LOCATED AT
2525, 2535 and 2545 SHADYWOOD ROAD
FILE NO. 10-3471
WHEREAS, Klingelhutz Development Co., and Woodhill Senior Cottages of
Navarre LLC., (hereinafter the "Developer") is the owner of properties located at 2525, 2535 and
2545 Shadywood Road (hereinafter the "Property") within the City of Orono (hereinafter the
"City") and legally described as follows:
EXHIBIT A, ATTACHED; and
WHEREAS, on May 19, 2010, Terry Schneider of Project Developers, Inc., on
behalf of the Developer made an application requesting preliminary plat approval to combine the
three existing parcels to create one lot and vacation of existing drainage and utifity easements
on the Property; and
WHEREAS, a portion of the Property is located in the LR-1 B one family
lakeshore residential district and the remainder of the Property is located within the B-4 o�ce
and professional district; and
WHEREAS, in conjunction with re-platting of the Property, existing drainage and
utility easements will be vacated and new drainage and utility easements in the appropriate
widths and locations will be established in the final plat; and
WHEREAS, after due pubfished and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on July 19,
2010, the Orono Planning Commission held a public hearing for the preliminary plat application
and said vacation at which time all persons desiring to be heard concerning the application were
given the opportunity to speak thereon; and
WHEREAS, on July 19, 2010, the Planning Commission reviewed the application
and recommended on a vote of 5 —0 that the Council grant preliminary plat approval; and
WHEREAS, the Orono City Council reviewed the proposed vacations at a regular
meeting held on December 13, 2010 and in consideration of the following findings the Council
finds the vacation as proposed is in keeping with the public interest:
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1. The drainage and utility easements granted within the ptat of Leach Addition will no
longer be appropriately located in conjunction with the proposed plat and development
plan for this property.
2. The Developer is the owner of all property underlying the portion of the drainage and
utility easements proposed to be vacated.
3. The gas, electric, telephone and cable companies have consented to the vacation.
4. The City Engineer finds the vacation acceptable.
5. The easements to be vacated and new drainage and utility easements in the widths and
locations determined by the City Engineer will be granted with the final plat.
WHEREAS, the Orono City Council reviewed the proposed plat at a regular
meeting held on December 13, 2010 and makes the following additional findings with regards to
the proposed plat:
FINDINGS
1. This application was reviewed as Zoning File #10-3471.
2. The southwesterly portion of the Property is located in the LR-1 B one family lakeshore
residential district, which normally requires 1.0 acre in area and 140-feet of width; and
the northeasterly 250-feet of the Property is located within the B-4 office and
professional district which requires 20,000 square feet in area and 100-feet in width.
The Property is 3.67 acres in area, of which 2.24 acres is dry, buildable, non-wetland
area. The proposed layout will combine 3 separate lots on 2.24 non-wetland acres.
3. The northeasterly, non-wetland portion of the Property is guided in the 2008-2030 Orono
Community Management Plan for Mixed Use which is intended to allow for development
of higher density multifamily residential uses such as senior assisted living, townhomes,
condominiums or apartment buildings, in addition to the uses allowed within the B-4 or
SFR Districts currently established. The mixed use designation on the Property includes
all of the area zoned B-4 and a portion of the area zoned LR-1 B.
4. The portion of the Property proposed to be developed for senior assisted living pursuant
to a CUP is entirely within the &4 zoning district where such use is allowed as a
conditional use.
5. The Properly will be developed with City sewer and water.
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�'�� �G~ RESOLUTION OF THE CITY COUNCIL
`�kE8�I�4' Na _ 6 0 n 1
6. The proposed use will be accessed via Shadywood Road a.k.a. CSAH 19. The lot has a
building site meeting the B-4 setback standards.
7. The Property contains two wetlands which are both classified as "Manage 2". "Manage
2" classification wetlands require a 25-foot buffer and a 20-foot structural setback from
the buffer. These wetlands and buffer areas will be protected by Conservation
Easements as well as wetland preservation covenants and easements, drainage
easements, etc.
8. The City has plans for a future trail along Shadywood Road that may specifically require
dedication of land from this property. A 10' wide trail easement along the road frontage,
in the same location as the 10' wide drainage and utility easements, should be granted
as part of the plat. As the number of buildable lots is not proposed to increase, a Park
Dedication Fee will not be required.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat
Approval, including vacation of existing drainage and utility easements within the plat of Leach
Addition, for Klingelhutz Development Company and Woodhill Senior Cottages of Navarre, LLC,
for a 1-lot plat per the Preliminary Plat survey/drawing by E. G. Rud & Sons, Inc., dated
11/29/10 and attached hereto as Exhibit B, subject to the following conditions:
1) All areas delineated as wetlands and as shown on the preliminary plat drawing shall be
subject to the standard Wetland Buffer, Conservation and Flowage Easement, and shall be
subject to the wetland buffer requirements of the Zoning Code for the protection of wetlands
and wetland buffer areas.
2) Final plat approval shall not be granted until the Developer has met all of the conditions
listed within the Conditional Use Permit and Site Plan approval resolution for the proposed
development.
3) Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits
as required. Final plat approval shall not be granted until the Developer has provided
evidence that all required MCWD permits have been obtained.
4) Development Fees
a) Storm Water and DrainaQe Trunk Fee. The development is subject to the standard
Storm Water and Drainage Trunk Fee for Multifamily Residential greater than 4 units per
� acre of$7,000 per acre x 3.67 total acres = $25,690.00.
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5) City Engineer Approvai. Approval is subject to the existing and ongoing recommendations of
the City Engineer.
6) Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions prior to final plat
approval, to ensure that the proposed plat will accomplish the intended purposes:
a) Final grading, drainage and erosion control plan showing existing and proposed
contours, anticipated building locations, elevations, stormwater facilities and
calculations, utilities and erosion control measures to be used during construction.
Final Plat Approval will not be granted until the Minnehaha Creek Watershed District
has approved the stormwater management plans.
b) Wetland delineation report and Functional Assessment of Wetlands report approved
by the MCWD.
c) Sufficient detail to meet the recommendations of the City Engineer.
7) Other Easements.
a) Drainage and Utility Easements shall be dedicated to the public on the final plat 10'
along all exterior property lines except such easements shall be increased to
accommodate drainage or where existing utility lines where required, subject to City
staff approval.
b) A 10' wide trail easement in the same location as the 10' wide exterior property
boundary drainage and utility easement along Shadywood Road shall be granted to
the City of Orono.
c) A Wetland Buffer, Conservation and Flowage Easement shall be granted to the City
of Orono over all delineated wetlands on the property. Wetland buffer maintenance
agreements shall similarly be established.
8) Development Agreement. A Development Agreement shall be required to include
appropriate conditions and financial guarantees for improvements to the property.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Planning & Zoning Coordinator at
least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth
Mondays of the month. These submittals are as follows:
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��� �G~' RESOLUTION OF TyE CITY COUNCIL
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1. Record plat drawings in the form of finro (2) mylar copies (one copy for the City's
records and one for filing with Hennepin County) and one (1) copy reduced to 1"
= 200'. Drawing to include:
A. Lot lines platted per preliminary plat survey/drawing by E. G. Rud & Sons,
Inc., dated 11/29/10 attached hereto as Exhibit B, except as modified
herein.
B. Dedication of "drainage and utility easements" 10' (or more where
required) along exterior property lines.
D. Dedication of"Drainage Easements" over all drainageways.
E. Naming of plat.
2. Legal documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
the City. All owners, mortgage holders or others with property interest
indicated therein shall sign the plat and all other documents affected by
such interest.
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed Wetland Buffer, Conservation and Flowage Easements over
wetlands and wetland buffers on the Property.
D. Signed Developer's Agreement.
E. Signed Trail Easement.
3. Plat approval fees to be paid: Total due: $26,670.
A. Final plat fee = $700.00
B. Legal review & filing fees for subdivision and associated documents:
$280.00
;
C. Park Dedication Fee: $NONE
D. Stormwater and Drainage Trunk Fee: $25,690.00.
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��� �G~ RESOLUTION OF THE CITY COUNCIL
`�x'EsKog' No. 6 � 0 1
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
this 13�' day of December, 2010.
ATTEST:
o��� � �.� �� � �����
Linda S. Vee, City Clerk � J e`s M. White, Mayor
roperty O er
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this 7 day of f}�r �� -�9�@-on
behalf of ��I h Lti r.�-'f'z- � e c� , by �Je�i n l�l�.,a�/h,u,-1"Z._
its �G� '
���-a
Notary Public
6ARBARA�•SI�US
. NOTAI�Y P�g���"�NNESOTA
My�
misslo��P�r�Jan.31,�ti3
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ZONING FILE NO. EXHIBIT A RESOLUTION NO.
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1' PARCEL 1
That part of Lots i and 2, Block 1, LEACH ADDITIDN, lying
' northeasterly of the Northeasterly line of Block 4� TOWNSITE
OF LANGDON PARK, Hennepin County, Minnesota.
Torrens Property
, � PARCEL 2
' Ail of Lots 1. 2 cnd 3, 81ock 1� LEACH ADDITION. except that
� part o f Lo ts 1 an d 2, Block 1. LEACH ADD/TION l yin g
northeasterly of the Northeasterly line of Block 4. TOWNSITE OF
LANGDON PARK. Henn epin Coun ty. Minn eso to.
Abstract Property
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PRELIMINARY PLAT~�f- WOODNILL SENIOR C0ITAGES
FOR: KLINGELHUTZ DEVELOPMEHT
1560 Bluff Creek
Chaska,MN 55318
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