HomeMy WebLinkAboutResolution 5421•
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RESOLUTION ENPIRED I
CITY of ORONO,
RESOLUTION OF THE CITY COUNCIL
NO. 5421
A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR PROPERTY LOCATED AT
3500 WATERTOWN ROAD
FILE NO. 05-3152
WHEREAS, Bohland Development Inc. (hereinafter the "Developer") has an
interest in the property within the City of Orono (hereinafter the "City") located at 3500
Watertown Road and legally described as follows:
Outlot A, Kintyre, Hennepin County, Minnesota
(hereinafter the "Property"); and
WHEREAS, on August 17, 2005 the Developer filed an incomplete subdivision
application with the City for preliminary approval of a six lot residential plat of the Property; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing for the application and reviewed it as a sketch plan
on September 19, 2005, at which time all persons desiring to be heard concerning this
application were given the opportunity to speak thereon; and
WHEREAS, on September 19, 2005 the Planning Commission recommended a
number of revisions to the proposal including that it be processed as a Planned Residential
Development (PRD); and
WHEREAS, the applicant submitted a revised sketch plan proposal which was
reviewed by the Planning Commission at a public hearing held on October 17, 2005, at which
time the Planning Commission recommended that the amended application be forwarded to the
City Council for confirmation that the PRD process was acceptable; and
WHEREAS, at its regular meeting of October 24, 2005. the City Council
reviewed the sketch plan and indicated that the PRD process would be acceptable, subject to the
applicant addressing the City's Conservation Design goals and objectives, and subject to careful
review that all standards necessary to ensure a successful development are met; and
Page 1 of 13
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ 5.4 2 1
WHEREAS, the applicant subsequently engaged the services of a consulting
ecologist to address the Conservation Design goals and objectives, and on November 18, 2005
submitted the ecological findings and recommendations as well as on-site sewage treatment
systems information, making the application complete and formally commencing the 120 -day
review period; and
WHEREAS, the Planning Commission on November 21, 2005 reviewed the
application and recommended on a vote of 6-0 that the Council grant Planned Residential
Development (PRD) preliminary plat approval subject to: 1) incorporation into plans of all of the
recommendations of Applied Ecological Services regarding conservation design, landscaping,
etc.; 2) applicant to address comments by City wetland consultant John Smyth; 3) Conservation
Easement to be required over east end of Lots 1-2-3 Block 2 as well as over Outlot B; and 4)
additional conditions with regards to covenants for protection of septic sites on small lots, etc. be
addressed; and
WHEREAS, the City Council reviewed the completed Planned Residential
Development proposal at regular meetings held on December 12, 2005; January 23, 2006; and
February 13, 2006 and hereby makes the following findings with regards to this application:
FINDINGS
1. This application was reviewed as Zoning File #05-3152:
2. The property is zoned RR -1B Single Family Rural Residential District, which
normally requires a minimum lot area of 2.0 acres and minimum lot width of 200'
The Property is 16.7 acres in area, of which 2.4 acres is wetland and 14.3 acres is
non -wetland area.
3. The property is guided in the 2000-2020 Orono Community Management Plan
(CMP) for single family residential use at a density of 1 unit per 2 acres. The
proposed layout contains 6 lots on 14.3 non -wetland acres, for an overall density
of 1 unit per 2.4 dry acres.
4. The Property contains a variety of natural features including wooded areas, open
fields, steep slopes, wetlands, natural drainageways, and discontinuous areas of
• dry buildable land. The property was identified during the Orono Rural Oasis'
visioning process as having long natural views from Watertown Road of wetlands
Page 2 of 13
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ 6-4 21
with a wooded backdrop, that should be preserved if possible during development
of the property. The Council finds that the best development method for
preserving these values is development as a Planned Residential Development.
5. The proposed plat includes six lots. All six lots will be served via a private road to
be constructed by the Developer, extending northward along the west property
boundary. Each of the 6 lots will have a driveway access from the private road,
requiring no new driveway accesses onto Watertown Road. The revised proposal
specifically eliminates a building lot at the southeast corner of the property, which
would have required a new separate driveway access to Watertown Road, and
which would have had the effect of severely interrupting the long natural views
into the site as noted in the Rural Oasis study.
6. The potential number of homes to be ultimately served by the private road is more
than 6, because the road outlot will extend to the north property boundary to allow
for future road connection for development of the next property to the immediate
north. It would be appropriate to limit the paved road width to 24' (instead of the
normally required 28' for 7 or more homes) if it can be shown that existing trees
that enhance the wooded backdrop can be preserved. The private road will be
subject to homeowner association ownership and maintenance, and subject to an
underlying Road, Drainage and Utility Easement to be granted to the City, as well
as a "Declaration of Covenants, Conditions, Restrictions and Private Roadway
Easement" either as a separate document or incorporated into the development
covenants. Such document is intended to allow for the extension of the road to
the property to the north at the cost of the developer of said property, and allow
the future owners of the property to the north access to Watertown Road via the
private road, at no cost save for sharing of maintenance of said private road.
7. Development as a PRD will allow the creation of an outlot between the wooded
backdrop and Watertown Road. This outlot may contain stormwater ponding to
serve the development, and will be covered by a Conservation Easement as well
as wetland preservation covenants and easements, wooded area preservation
covenants, drainage easements, etc. The intent is to preserve the area of the outlot
in as natural a condition as possible with no buildings, roads or other man-made
intrusions other than stormwater ponding as necessary to serve the development.
Page 3 of 13
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CITY of ORONO
RESOLUTION OFXIJE I�TY COUNCIL
NO. 1++
8. Development as a PRD will allow for slightly smaller lot sizes than normally
required, which is necessary to allow the relocation of the originally proposed
building lot at the southeast corner of the site to a location behind the wooded
backdrop. Each of the six lots will have a width of approximately 180' rather
than the 200' RR-lB standard width. Each lot has a proposed building site
meeting the RR -1B setback standards (50' front and rear, 30' sides).
9. Lots 1, 2 and 3, Block 1 will have an average lot area of 1.4 acres rather than the
2.0 acres required under the RR -1B standards. This is in part a result of the need
to keep homes on the opposite lots in Block 2 above the steeper slopes to the east
to the greatest extent possible, which also results in the proposed road location.
Due to the smaller lot areas, the three lots in Block 1 will be somewhat limited
with regard to house location options, as well as in their ability to accommodate
additional amenities such as outbuildings, pools, sport courts, etc. These three
lots will be subject to special covenants that recognize and take special
precautions to preserve the primary and future on-site sewage treatment sites.
10. Lots 1, 2 and 3, Block 2 will have an average lot area of 2.3 acres of non -wetland
area. While these lots each have a proposed building site located at the minimum
required front setback, steep slopes to the east of each homesite result in proposed
grading that allows for walkouts but minimizes the ability for a relatively flat
back yard. Lot 3 Block 2 should be subject to covenants that limit the grading,
retaining wall heights and tree removal on these steep slopes in order to preserve
the wooded backdrop as viewed from Watertown Road.
11. The Planning Commission has recommended that a conservation easement be
dedicated over the easterly portions of Lots 1, 2 and 3, Block 2, in order to
preserve the wetland and wooded areas at the base of the long eastward slopes.
This wooded wetland is part of a large 100 -acre wetland complex lying
northeasterly from the property.
12. Due to steep slopes and the proximity to wetlands, it is critical that as much
stormwater and snowmelt runoff from the development as is feasible be
discharged to the proposed stormwater quality pond to be located within Outlot B.
This may require the use of curb and gutter and storm sewers, rather than a rural
section, to efficiently collect road runoff. The use of curb and gutter and buried
storm sewers may result in less disruption of existing vegetation, especially if this
avoids cutting wide swaths through the wooded area to accommodate swales.
Page 4 of 13
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 2.1
13. The City has no current plans for trails or parks that specifically require
dedication of land from this property. Because dedication of land for park
purposes is not required at this location, a Park Dedication Fee in lieu of land per
City Ordinance would be appropriate.
14. The applicant has submitted . preliminary recommendations from Applied
Ecological Services (AES) dated November 18, 2005 with regards to
Conservation Design. The topics addressed by AES include forest preservation;
forest enhancement and expansion; wetland preservation; wetland replacement
and enhancement; vegetated buffer establishment; stormwater management; and
ecological restoration and management. It would be appropriate and desirable
that the developer adhere to the AES recommendations.
15. The City's wetland consultant, John Smyth of Bonestroo & Associates; has
provided comments with regard to wetlands on the site, specifically. with regards
to the location of the existing creek drainage easement as compared to the actual
creek location, and with regards to potential impacts to the wetland of the
proposed stormwater treatment pond. It would be appropriate that his concerns be
addressed as part of a comprehensive stormwater and wetland management plan
for the site. Additionally, because certain elements of the proposed ponding plan
may ultimately involve fill or excavation in existing wetlands, review and
approval by the Minnehaha Creek Watershed District is necessary.
16. All proposed lots have been tested and found capable of providing suitable
primary and alternate sites for on-site sewage treatment systems. For all lots,
mound systems will be required. On Lots 1, 2 and 3, Block 1 and Lot 2, Block 2,
treatment sites are relatively near the proposed house locations, and may limit the
location or extent of potential future amenities. Special precautions, including but
not limited to protective covenants as well as physical barriers during construction
activity, must be taken to protect these sites on both a short-term and long-term
basis, as municipal sewers are not projected to be extended to serve this area of
Orono.
17. All proposed lots will contain suitable area meeting all established setback,
requirements to allow the construction of single family residences.
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CITY of ORONO
RESOLUTION OF TJ �ITY COUNCIL
NO.
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 for Bohland Development, Inc. for a 6 -lot plat per the Preliminary Plat survey/drawing
by Mark S. Gronberg of Gronberg & Associates, Inc. dated 11/14/05 and Preliminary Grading
Plan and SWPP dated 2/7/06 and attached hereto as Exhibit A, subject to the following
conditions:
1. Conservation Easements for the protection of wetlands, woodlands, and open spaces shall
be established over Outlot B and over the following additional areas:
a) East 120' of Lot 1, Block 2
b) East 200' of Lot 2, Block 2
C) East 160' and South 30' of Lot 3, Block 2, and those areas of said lot located
more than 20' from the proposed house footprint as depicted on the Preliminary
Grading Plan by Mark S. Gronberg dated 2-7-06.
Applicant shall submit proposed Conservation Easement language for Council review
and acceptance, specifying the proposed conditions and limitations to be placed on Outlot
B and the additional areas noted above. The easement shall incorporate as a minimum,
the following elements: no structures allowed, no fences, no domestic animals (i.e. no
horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for
maintenance or as part of an approved vegetation management plan, no excavating or
earth movement; creation and maintenance of non -hardcover walking paths may be
allowed. With respect to protection of the wooded steep slopes on Lots 1, 2 and 3, Block
2, special conditions shall also be established for limiting the heights, design and
materials of retaining walls.
Permanent markers of a design and material acceptable to the Planning Director shall
be placed at all points where the Conservation Easement intersects a lot boundary or
where the Easement boundary line changes direction, as noted on attached Exhibit B.
2. Prior to final plat approval, the developer shall submit an Ecological Restoration and
Management Program developed by a qualified ecologist, for city acceptance. Such
Program shall be implemented and adhered to, subject to a Developers Agreement to be
executed between the Developer and the City.
Page 6 of 0
3. Limitations on Individual Lots.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5.4 2 1
A. Accessory structures: Accessory structures may be placed on lots according to
City standards, with the following exception:
For Lots 1, 2 and 3, Block 1, no accessory structure shall be placed within
20' of the boundary of any tested and approved sewage treatment system
sites; such sites and setback shall be surveyed and located on a plat
drawing to be filed in the chain of title with each property with a covenant
specifically providing for preservation of sewage treatment sites.
B. The -lot size for administering accessory structure ordinances shall be the actual
contiguous dry buildable lot area; for Lots 1, 2 and 3, Block 2, the contiguous dry
buildable area contained within the Conservation Easement shall be creditable for
i administering accessory structures ordinances.
C. Lots 1, 2 and 3, Block 1, are less than 2.0 acres in area and shall be subject to the
lot coverage limitations of Zoning Code Section 78-1403.
4. All areas delineated as wetlands as shown on the. preliminary plat drawing shall be
subject to the standard Flowage and Conservation Easement, and shall be subject to the
wetland buffer requirements of the Zoning Code.
5. General site grading, storm sewer design and individual -house site grading shall be
designed and completed so as to direct as much stormwater and snowmelt runoff from the
development as is feasible to the stormwater quality pond to be located within Outlot B.
Curb & gutter and storm sewers may be established where necessary to collect road
runoff. Wherever feasible, individual driveways shall be graded to drain toward the road
storm sewer system. Wherever feasible, individual yard areas shall be graded to. drain
toward the road storm sewer system. Wherever feasible, roof gutter systems shall
installed to discharge roof runoff so that it will drain toward the road storm sewer system.
Additionally, grading and drainage shall adhere to the recommendations of the City
Engineer. The Developer shall establish covenants providing that the homeowners
association will be responsible for all future maintenance of stormwater pond and
• facilities.
Page 7 of 13
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. 542
6. 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.
7. Developer shall create a private road on the Property providing access to Watertown
Road. Approval is subject to provision of the standard Road, Drainage and Utility
Easements to be granted to the City over the road outlot. The developer shall establish a
homeowners association as well as the necessary road maintenance agreements, etc. to
ensure that the private road will be maintained to reasonable standards at all times by a
homeowner's association, and that failure of that private group to so maintain their
private road will be cause for the City to accomplish needed maintenance and to assess
the benefitted properties for the direct cost of such maintenance. The private road shall be
subject to a "Declaration of Covenants, Conditions, Restrictions and Private Roadway
Easement" either as a separate document or incorporated into the development covenants.
Such document shall allow for the extension of the road to the property to the north at the
cost of the developer of said property, and allow the future owners of the property to the
north access to Watertown Road via the private road, at no cost save for sharing of
maintenance of said private road. The private road shall be constructed to a 24 -foot paved
width curb -face to curb -face. The private road may be designed to preserve existing
vegetation, subject to approval of the City Engineer. Final road design plans indicating
the extent of the curb and gutter system shall be submitted for Council review prior to
final plat approval.
8. Development Fees
A. Park Dedication Fee. The PRD is subject to the standard Park Dedication Fee
requirement. Because the value of each newly created lot will be in excess of the
threshold value of $69,375.00 the 8% park fee cap of $5,550 per lot will apply .
Park dedication fee will be 6 lots x $5,550 = $33,300.
B. Storm Water and Drainage Trunk Fee. The PRD is subject to the standard Storm
Water and Drainage Trunk Fee of $2,770 per acre x 16.7 gross acres = $46,260.
9. City Engineer Approval. Approval is subject to the ongoing recommendations of the
City Engineer.
Page 8 of 13
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5421
10. Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions, to ensure that the
proposed plat will accomplish the intended purposes:
a) Final plans and specifications for all proposed utility lines and services, including
proposed revisions, if any, to existing service facilities.
b) 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. Final Plat
Approval will not be granted until the Minnehaha Creek Watershed District has
approved the stormwater management plans.
C) Engineering details and design for any proposed retaining walls.
d) Final boulevard landscaping design plan with planting schedules including
numbers and species, in accordance with the boulevard landscaping requirements
of the subdivision ordinance.
e) Road construction plans including proposed plan and profile views, typical street
section, geotechnical report, R -value recommendation and pavement design.
f) Sufficient detail to meet the recommendations of the City Engineer.
11. Other Easements.
a) Drainage and Utility Easements shall be dedicated to the public on the final plat
10' along all exterior property lines, and 5' either side of interior property lines,
except such easements shall be increased to accommodate drainage where
required, subject to City staff approval.
b) A 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.
C) A Road, Drainage and Utility Easement shall be granted to the City of Orono over
the private road Outlot.
Page 9 of 13
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5421
d) A "Declaration of Covenants, Conditions, Restrictions and Private Roadway
Easement" shall be executed either as a separate document or incorporated into
the development covenants.
12. Developers Agreement. 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 Developers Agreement may
contain additional conditions not noted in this Preliminary Plat Approval resolution. No
land alterations can take place until erosion control is established and the City is in
receipt of a final grading and road plan. No improvements can begin until the City
Engineer has approved all improvement plans. A Letter of Credit must accompany a fully
executed Developer's Agreement written to 150% of the cost of the proposed site
improvements, including any required landscaping. No building permits will be issued
until all drainage facilities and improvements have been installed and satisfactory road
base has been installed.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Zoning Administrator prior to the
regularly scheduled Council meeting on the second and fourth Mondays of the month. These
submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's
records and one for filing with Hennepin County) and one (1) copy reduced to 1"
= 200'. Drawing to include:
A. . Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg
dated 2-7-06 attached hereto as Exhibit A, except as modified herein.
B. Dedication of "drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line.
C. 'Dedication of areas shown as wetlands.
D. Dedication of "Drainage Easements" over all drainageways.
E. Naming of plat.
Page 10 of 13
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2. Legal documents required:
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5421
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 and executed Road, Drainage and Utility Easement and
Declaration of Private Covenants, Conditions, Restrictions and Private
Roadway Easement for maintenance of same over the private road Outlot.
D. Signed Conservation and Flowage Easement to be granted over all
delineated wetlands on the plat, and signed Wetland Buffer Maintenance
Agreement.
E. Signed Conservation Easement to be granted over Outlot B and the other
areas noted herein.
F. Signed Developers Agreement and Letter of Credit for construction of
improvements. The City Engineer shall establish the amount to be
provided in the Letter of Credit.
G. Signed and executed Covenants for Protection of Drainfield Sites.
3. Plat approval fees to be paid: Total due: $80,090.00
A. Final plat fee = $280.00
B. Legal review & filing fees for subdivision and associated documents:
$250.00
C. Park Dedication Fee: $33,300.00
D. Stormwater and Drainage Trunk Fee: $46,260.00
Page 11 of 13
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 d ? I
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 13'h day of February, 2006.
ATTEST:
Linda S. Vee, City Clerk
(Representative of Bohland Development, Inc.)
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Barbara Peterson,Mayor
Page 12 of 13
C7
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
-RESOLUTION OF THE CITY COUNCI L
NO. 54 2 1
The foregoing instrument was acknowledged before me on this day of A ri / ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this I 7�hday of Art /,
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public c
On this day of , 2006, Steven Bohl, of Bohland
Development, Inc. personally appeared before me on behalf of Bohland Development, Inc.
Notary Public
Page 13 of 13
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REVISIONS
DESIGNED
DRAWL
IHEREBY cERT1FYTHFTTHIS PUULSPE scATIONORREP°RT
WAS PREPARED BY M OR UNDER W OR= SUPMM90N.
ANO THAT I AM A OMY UCFNSED PROFESSIONAL ENG94EER
A'aflw'°sTxMYGRwoERnEu vs°PT1�sT"'e OF
A N LAND S
DATE 2-7-o6 LVIK LICENSE WMIER /17
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GRONBERG &ASSOCIATE
CIVIL ENGINEERS, LAND SURVEYORS, LAN
445 N. WILLOW DRIVE LONG LAKE,
PHONE: 952-473-4141 FAX: 952
DATE BY P.EMAP.KS
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