HomeMy WebLinkAboutResolution 5676et---,W-1Vj
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RESOLUTION OF THE CITY COUNCIL
N O .
OS
A RESOLUTION GRANTING
GENERAL DEVELOPMENT PLAN APPROVAL
FOR PLANNED UNIT DEVELOPMENT NO.6
FOR 875 WBW LLC
AND APPROVING THE PLAT OF ORONO VILLAS
FILE #07-3298
WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted land development regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, 875 WBW, LLC (hereinafter the "Developer") is owner of the
property at 875 Wayzata Boulevard West within the City of Orono legally described in Exhibit
A attached hereto (hereinafter the "Property"); and
WHEREAS, the City Council has considered the application by the Developer
for rezoning of the Property to RPUD - Residential Planned Unit Development as well as
subdivision and development of the Property by the Planned Unit Development (PUD) process;
and
WHEREAS, on May 29, 2007 the City Council adopted Resolution No. 5619
granting General Concept Plan Approval for the proposed development, which approval includes
the following elements:
1. Subdivision platting of the Property to create 9 developable single family residential
building lots to be served by a new private road, as well as an outlot for private road,
utility and open space conservation purposes;
2. Rezoning of Lots 1 through 9 from RR -1B Single Family Rural Residential District to
RPUD Residential Planned Unit Development District;
3. PUD conditions for development of single family residences on Lots 1 through 9; and
Page 1 of 5
CITY OF OR7,C)NO
RESOLUTION OF THE CITY COUNCIL
NO. 5676
WHEREAS, the Developer has agreed to execute the Planned Unit Development
No. 6 Agreement providing for the installation or construction of certain public and private
improvements within and outside of the Property as a condition of site plan approval, and which
Agreement documents the general and detailed conditions for development and use of the
Property; and
WHEREAS, the Developer has agreed to construct a private road, as well as
municipal sewer and water facilities to be turned over to the City upon satisfactory completion,
and to grant public easements to the City for wetlands, open space and other purposes; and
WHEREAS, the Developer has completed or has agreed to complete all other
requirements of the Zoning Code, platting ordinances and related Ordinances of the City
including:
1. Completion of all platting requirements of Resolution No. 5619.
2. Dedication on the plat of Drainage and Utility Easements.
3. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the
grading and stormwater management facilities plan for the development of the
Property as proposed per the approved Grading, Drainage and SWPP Plan as
noted herein.
4. Payment to the City of Stormwater and Drainage Trunk Fees for the development
of the Property in the amount of $40,986.00 as established in General Concept
Plan Approval Resolution No. 5619.
5. Payment of a Park Dedication Fee in the amount of $49,950.00 as established in
General Concept Plan Approval Resolution No. 5619.
6. Payment to the City for the legal review and filing of the plat agreements,
easements and covenants in the amount of $250.00.
7. Payment of the final plat fee in the amount of $280.00.
S. Granting to the City of public easements over the wetlands and dedicated open
spaces within the Property; and
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RESOLUTION OF THE CITY COUNCIL
NO 5676
WHEREAS, City staff and consultants have reviewed the plans for this PUD
application and hereby specify approval of each attached plan as part of the official record for
Planned Unit Development No. 6, subject to the additional requirements, revisions and
conditions specified by the City Engineer in his letter dated October 3, 2007 and subject to
confirmation by the Planning Director that construction plans submitted for building permits of
individual units are consistent with the approved plans. The approved plans attached hereto as
Exhibit B are:
1. Site demolition plans per Sheet C1.1 "Existing Conditions & Demolition Plan"
dated September 24, 2007.
2. Site plan per Sheet C2.1 "Site Plan" dated September 24, 2007.
3. Grading/drainage plans per Sheet C3.1 "Overall Grading Plan (After Home
Construction)"; Sheet C3.2 "Mass Grading Plan (Prior to Home Construction)";
Sheet C3.3 "Enlarged Grading Plan"; C3.4 "Erosion Control Plan"; C3.5
Wetland Impact and Mitigation Plan"; Sheet C3.6 "Erosion Control Details";
and Sheet C3.8 "Trail Plan & Profile", all dated September 24, 2007.
4. Road, utility and storm sewer plans per Sheet C4.1 "Master Utility Plan"; Sheets
C4.2 and C4.3 "Sanitary Sewer and Watermain Plan and Profiles"; Sheet C4.4
Street Plan and Profile"; and Sheet C4.5 "Storm Sewer Plan & Profiles"; and
Sheets C7.1 and 7.2 "Construction Details", all dated September 24, 2007.
5. Site landscaping plans per Sheet L2.1 "Landscape Plan"; Sheet L6.1 "Enlarged
Landscape Plan"; Sheet L7.1 "Landscape Details"; and Sheet C3.7 "Invasive
Species Control Plan", all dated September 24, 2007.
6. Building elevation views and floor plans per Sheets B-1 thru B-6: `Building Floor
Plans and Elevations" dated 12-10-06.
NOW, THEREFORE, BE IT RESOLVED that based on the findings of
Resolution No. 5619, the City Council of the City of Orono does hereby approve the plat of
ORONO VILLAS, Hennepin County, Minnesota and does hereby grant General Development
Plan Approval for Planned Unit Development No. 6, subject to the following conditions:
I. General Development Plan Approval is granted subject to conditions established
within Resolution No. 5619 and subject to the conditions established within the
Planned Unit Development No. 6 Agreement and other pertinent documents.
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RESOLUTION OF THE CITY COUNCIL
NO.
5676
2. Upon the final approval and execution of this resolution and the Planned Unit
Development No. 6 Agreement, the City Council shall formally approve an
ordinance amending the official zoning map of the City to rezone the Property
from RR -1B Single Family Rural Residential District to RPUD Residential
Planned Unit Development District, and amending the Orono Zoning Code by
adding language establishing Planned Unit Development No. 6 to include the
Property.
3. Upon approval of this Resolution the City Council shall direct the Mayor and
Clerk to execute other documents required by this PUD rezoning, including but
not limited to the "Planned Unit Development No. 6 Agreement".
4. Residence structures developed on the Property shall be in conformity with the
location and design requirements established in Resolution 5619 and in
conformity with the Planned Unit Development No. 6 Agreement. Any proposed
development activity determined by the Planning Director to not be in conformity
with said Agreement may be made only after a public hearing conducted by the
Council. Any changes shall be recorded as amendments to the recorded copy of
the final development plan.
5. If substantial development has not occurred within one year after approval of
PUD No. 6 as set forth in the Planned Unit Development No. 6 Agreement, the
City Council may declare the approvals granted within this resolution and within
said Agreement as null and void.
6. The aforesaid plat shall be filed with the Hennepin County on or before April 8,
2008 together with a certified original copy of this resolution and executed copies
of the Agreements, easements, and covenants pertinent thereto. The plat approval
granted by this Resolution shall expire if the plat has not been filed by the date
specified above. In that event, it will be necessary to file a new application with
the City of Orono for subdivision review.
7. The approvals granted in this Resolution shall become effective only when all
conditions of approval requiring actions by the Developer have been satisfied, and
only upon certification by the City Attorney that all legal requirements have been
satisfied.
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0
CITY OF OfI701,40
RESOLUTION OF THE CITY COUNCIL
5676eta - `G N O.
Adopted by the City Council of Orono this 8t' day of October, 2007.
ATTEST:
Linda S. Vee, City Clerk
Developer {On behalf of 875 WBW, LLC)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
James M. White, Mayor
This instrument was acknowledged before me on this
by Charles E. Thompson, the
liability company, on behalf of the company.
day of _ , 2007
of 875 WBW LLC, a Minnesota limited
Notary Public
Page 5 of 5
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 8, 2007
5. #05-3152 JAMES D. MACKINNON, 3500 WATERTOWN ROAD — REQUEST FOR
SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5674
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 56741) a Resolution Granting a
Second One -Year Extension to the Effective Period of Preliminary Plat Approval Established Per
Resolution No. 5421. VOTE: Ayes 4, Nays 0.
6. #07-3298 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST — FINAL
PLAT/RPUD, REZONINGICOMPREHENSTVE PLAN AMENDMENT — RESOLUTION NOS.
5675 and 5676 AND ORDINANCE NO. 39, THIRD SERIES
Steve Johnston, John Terrance Homes, and Dave Carlson, WBW, LLC, were present.
Gaffron stated the applicants are requesting final approval of a PUD General Development Plan and
Final Plat approval, RPUD rezoning, and a comprehensive plan amendment. The applicants have
completed the majority of the items outlined in the Planner's Report, with only a few administrative
items remaining outstanding.
The issue of approval by Wayzata for the sewer and water pians has been resolved and the applicants
are awaiting the agreement between the two cities to be finalized that will approve the applicants'
physical plan, which is not necessary to have in hand prior to approval by the Orono City Council. The
City has received the escrow agreement and escrow deposit and a letter from the bank indicating that
they would be providing the letter of credit.
Gaffron stated he is satisfied that the documents are in final form and the applicant would be signing
those in the near future. Gaffron recommended the plat and final documents not be released for filing
until all of the administrative items are completed.
Mumky moved, McMillan seconded, to adopt RESOLUTION NO. 5676, a Resolution Granting
General Develo went Plan Approval for Planned Unit Development No. 6 for Orono Villas, LLi
and Approving the Plat of Orono Villas — File No. 07-3298. VOTE: Ayes 4, ays .
McMillan moved, Murphy seconded, to adopt ORDINANCE NO. 39, THIRD SERIES an
Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by
Rezoning Certain Properties from RR -IB, Single Family Rural Residential District, to RPUD,
Residential Planned Unit Development District, and Adding Section 78-1012 Regarding Planned
Unit Development No. 6. — File No. 06-3225107-3298. VOTE: Ayes 4, Nays 0.
Rahn moved, White seconded, to adopt RESOLUTION NO. 5675, a Resolution Approving
Amendment #3 of the 2000-2020 City of Orono Community Management Plan. VOTE: Ayes 4,
Nays 0.
Murphy moved, Rahn seconded, to authorize Mayor James White and City Clerk Linda Vee to
execute PUD -6 Agreement. VOTE: Ayes 4, Nays 0.
7. #07-3313 THEODORE E. AND BETTY L. ZIEMAN, 3045 SUSSEZ ROAD —
SUBDIVISION — RESOLUTION NO. 5677
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5677, a Resolution Granting
Preliminary Approval of a Class lI Subdivision for Property Located at 3045 Sussex Road.
VOTE: Ayes 4, Nays 0.
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