HomeMy WebLinkAboutResolution 7559 Pre Plat Idyllvale Shores 215 North Arm Ln BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF� NO. 7559
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A RESOLUTION GRANTING
PRELIMINARY PLAT APPROVAL
FOR THE PLAT OF IDYLLVALE SHORES
FILE NO. LA24-000059
WHEREAS, Blue Pencil Collective, LLC, (hereinafter the"Developer") on behalf of the
owners Bradley Pass and Gabriel Pass, (hereinafter the"Owners") of the following properties: 215
North Arm Lane, and PIDs 06-117-23-24-0002 and 06-117-23-23-0021 legally described within
Exhibit A (hereinafter collectively the"Property");
WHEREAS on October 23, 2024, the Developer applied for Preliminary Fat approval to
subdivide the Property into six(6) buildable lots and a private road outlot; and
WHEREAS, on November 18, 2024 and February 18, 2025, after published and mailed
notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held
public hearings, at which time all persons desiring to be heard concerning this application were
allowed to speak thereon; and
WHEREAS, on November 18, 2024, the Planning Commission tabled the application
providing guidance to the developer regarding changes; and
WHEREAS, on February 18, 2025, the Planning Commission reviewed the revised
preliminary plat, although the Developer made the directed revisions, the proposed road did not
meet the engineering standards. Based on the substandard roadway, the Commission
recommended denial of the application as revised; and
WHEREAS, on March 4th, the Developer submitted revised plans reflecting a new road
layout. The City's engineer reviewed and approved the changes to the revised roadway; and
WHEREAS, on March 10, 2025, the City Council reviewed the revised application, the
recommendations of the Planning Commission and City staff, and made the following findings:
FINDINGS OF FACT:
Al. This application was reviewed as Zoning File#LA24-000059. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-
mentioned meetings, and all other materials distributed at these meetings are hereby
incorporated by reference.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A2. The Property is guided in the 2020-2040 Community Management Plan for single-family
residential use, specified as Rural Residential which allows 1 unit per 2 acres.
A3. The Property is located in the LR-1A One Family Lakeshore Residential, and RR-1 B One
Family Rural Residential Zoning Districts, each of which require a minimum of 2.0 acres and
200 feet of width.
A4. The Property contains 25.32 gross acres in area.
A5. The proposal would create five (5) buildable lots.
A6.• The Property is not located within the MUSA and will be served by private on-site septic
systems and private water supply wells.
A7. The Property is within the Stormwater Quality Overlay District which restricts overall
hardcover. Following Final Plat approval, the methodology outlined within City Code Section
78-1701 will be applied to assign each property to the appropriate protection tier.
A8. The Developer has prepared grading plans to manage stormwater on-site without negatively
impacting adjacent parcels.
A9. The Developer has proposed a master grading plan that includes the establishment of
building pads on each of the lots to establish a new engineered grade for building height
determination.
A10. All of the new lots conform to City standards. The development of the vacant lots will be
required to meet all zoning standards.
A11. The existing public road, North Arm Lane, provides access to the Property. North Arm Lane
will be extended as part of the proposed plat. The existing roadway is substandard and is
scheduled to be improved to meet city standards.
Al2. The new public road is proposed to extend 600 feet beyond the northerly extent of the
• existing North Arm Lane off of North Arm Drive. This configuration results in a total road
length of approximately 1,500 feet. City Code Section 82-281 limits dead-end roads to 1,000
linear feet maximum, requiring a variance. Staff supports the road length variance as there
does not appear to be a viable alternate access that would conform.
A13. As a prerequisite to Final Plat approval, the City requires a proportionate share of the land
being developed to be conveyed to the City or dedicated to the public, for use as parks,
playgrounds, trails, or open space. For residentially zoned land, a dedication of 0.10 acres
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RESOLUTION OF THE CITY COUNCIL NO. 7559
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per additional residential household being developed is required. In instances where a cash
contribution is to be made by the developer, in place of a conveyance or dedication of land,
the cash contribution shall be equivalent to the fair market value of the land to be dedicated.
The determination of the fair market value of the undeveloped land by the city assessor, city
council, or designated appraisers shall be determined at the time of final approval. Where
the anticipated park needs are greater than the number of acres to be developed, the city
establishes a maximum park dedication fee. For areas of residential density 3 units per acre
or less, a cap of 4 percent of the predeveloped value is applied.
The 2020-2040 Comprehensive Plan does not specify the need for a neighborhood park or
trail at this location. A park dedication of land instead would be appropriate according to the
City Ordinance.
A14. The Developer has submitted a Conservation Design Master Plan (CDMP) prepared by
Civil Methods which inventoried and described the environmental features of the site,
defining what natural values of the site should be preserved or enhanced and how that
should occur.
According to the CDMP, this property is partially located within a greenway corridor, and
contains areas of maple-basswood and oak forests with the potential to contain rare
species. The developer did not survey the rare species but rather ensured that proper
protective measures would be taken if rare species were encountered during development.
According to the CDMP report, the plans prioritize the preservation of the existing woodland
and wetland areas and the maintenance of the existing natural ecological connections.
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 allowing the Developer
to proceed with a final subdivision of the Property into 5 building lots and dedication of a public
road extension. The preliminary plat(attached as Exhibit B) together with the stormwater
grading plan will establish building pad elevations, drainage swales, and stormwater basins.
Preliminary Plat approval is subject to the following conditions:
B1. Approval is subject to Minnehaha Creek Watershed District (hereinafter the "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.
B2. Approval is subject to right-of-way dedication.
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te41BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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B3. The Developer shall address all outstanding engineering comments and/or conditions
provided by the City Engineer with the Final Plat development plan submittal.
B4. The development shall adhere to the conditions within the Civil Methods Conservation
Design Master Plan.
B5. The erosion control plan shall adhere to "Best Management Practices for Protecting Water
Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by
the City and the MCWD shall be in place before commencing grading and excavation on the
site. All such erosion control measures shall be maintained in working order until the site is
vegetated and stabilized.
B6. 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. The Developer shall identify trees to be preserved on site, mark them on a site
plan, and take extraordinary measures such as fencing, signage, etc. to ensure they are not
disturbed.
B7. Upon evidence of resettlement history, the Developer shall cease all activity and contact the
City and the Minnesota State Historic Preservation Office (SHPO) before proceeding.
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.
1. Drainage and Utility Easements shall be dedicated to the public on the final plat 10'
along all exterior property lines, and 5' on either side of interior property lines, except
such easements shall be increased to accommodate drainage where required,
subject to City staff approval.
2. A Drainage and Utility easement shall be dedicated to the public on the plat over
stormwater pond areas, drainageways, and stormwater facilities.
3. A Drainage Easement shall be granted over wetlands and wetland buffers on the
Property.
B10. Development Fees:
a. Stormwater and Drainage Trunk Fee: The property will be subject to the 2025
Stormwater and Drainage Trunk Fee of$8,060.00 per new lot. Three new lots are
proposed, therefore $8,060 x 4 = $32,240.00.
b. Park Dedication Fee: The subdivision is subject to the standard Park Dedication Fee
requirement. The Park Dedication Fee is outlined in the City's current 2025 Fee
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RESOLUTION OF THE CITY COUNCIL
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Schedule and applied to each newly created lot on a per lot basis. Park dedication fees
are based on Hennepin County's assessment of the predeveloped land value. Based on
the 2024 Fee Schedule, the Park Dedication Fee will be due for 4 new lots, in the
amount of$ 15,431.95.
B11. Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions before Final Plat
approval, to ensure that the proposed plat will accomplish the intended purposes:
1. Final grading, drainage, and erosion control plan showing existing and proposed
contours, anticipated building locations, elevations, stormwater facilities and
calculations, public road, utilities and erosion control measures to be used during
construction.
2. Final Landscape Plan which shall include planting plans with tree calculations.
3. Final Stormwater Management Plan.
4. Final stormwater pollution prevention plan (SWPPP).
5. Sufficient detail to meet the recommendations of the City Engineer.
B12. Council approval is based on the entire record and the above Findings. Any amendments
to the plans that are not in conformity with City codes may require further Planning
Commission and City Council review. This approval does not limit the City from revising or
amending these conditions as the review process continues.
B13. 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.
FINAL SUBMITTALS:
The Developer shall complete all requirements for Final Plat Approval and all final submittals
must be submitted to the Planning Department at least four(4) weeks before the regularly
scheduled Council meeting 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 digital copy is also required. Drawing to include:
a. Lot lines platted per preliminary plat survey/drawing by Civil Methods Inc., dated
03/04/2025 attached hereto as Exhibit B, except as modified herein.
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sLOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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b. Dedication of"Drainage and Utility Easements" 10' along exterior property lines,
5' along the interior property lines, and over the stormwater pond, ditches, and
facilities.
c. Dedication of"Drainage Easements" over the wetlands, wetland buffers, and
drainageways.
d. Name of the plat.
C2.Financial Guarantee.
The Development Agreement shall include a financial guarantee by the Developer to
ensure the completion of site improvements. The Developer shall provide Itemized
construction estimates for all development improvements. The City Engineer shall
review the estimate of improvement costs, including but not limited to storm sewers,
landscaping, grading, erosion control, utilities, roads, and stormwater management
facility construction, and the Developer shall provide a financial guarantee in an amount
equal to 125% of the improvement costs to the City.
C3.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 Developer must provide certified copies of all recorded easements currently
affecting the Property.
c. The City Engineer shall establish the amount to be provided in the Letter of
Credit.
d. Signed Developers Agreement and Letter of Credit for construction of
improvements.
e. Signed Covenant to Protect Drainfield Sites.
C4.Plat approval fees to be paid: Total due: $50,971.95
a. Final Plat fee: $800.00.
b. Park Dedication Fee: $15,431.95
c. Stormwater and Drainage Trunk Fee: $32,240.00.
d. Final Plat Application Escrow: $2,500.00
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�IDAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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05.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.
C6.According to City Code Section 82-116, this Preliminary Plat approval shall be
effective for one year, until March 10, 2026. Failure to file a complete final plat
application within this period shall be construed as a formal withdrawal of the proposed
plat and the terms and conditions of this resolution shall be null and void.
ADOPTED by the Orono City Council on this 10th day of March, 2025.
ATTEST: CITY OF ORONO:
q-C-------
Chris ' sian ity Clerk Bob Tunheim, Mayor
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Existing Legal Descriptions:
All that part of the East 1/2 of the Northwest 1/4 of Section 6, Township 117 North, Range 23, West of
the 5th Principal Meridian, bounded by a line described as follows:
Commencing at the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of
said Section 6; thence South along the West line of said East 1/2 of the Northwest 1/4 to a point distant
854.5 feet North of the Southwest corner of said East 1/2 of the Northwest 1/4; thence East parallel with
the South line of said East 1/2 of the Northwest 1/4, a distance of 280 feet; thence South parallel with
the West line of said East 1/2 of the Northwest 1/4 to the South line of said East 1/2 of the Northwest
1/4; thence East along the South line of said East 1/2 of the Northwest 1/4, a distance of 33 feet; thence
North parallel with the West line of said East 1/2 of the Northwest 1/4, a distance of 854.5 feet; thence
East parallel with the South line of said East 1/2 of the Northwest 1/4 to a point distant 22 rods East of
the West line of said East 1/2 of the Northwest 1/4; thence North parallel with the West line of said East
1/2 of the Northwest 1/4 to the South line of said Northwest 1/4 of the Northeast 1/4 of the Northwest
1/4; thence West along said South line to the point of beginning.
ALSO, All that part of the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 117, Range 23,
described as follows: Commencing at the Northeast corner of the Southeast 1/4 of the Northwest 1/4 of
said Section thence West along the North line of the Southeast 1/4 of the Northwest 1/4 of said Section
6 to a point distant 22 rods East of the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of
said Section 6; thence South and parallel with the West line of the Southeast 1/4 of the Northwest 1/4 of
said Section 6 to a point distant 854.5 feet North of the South line of the Northwest 1/4 of said Section 6;
thence East to a point on the East line of the Northwest 1/4 of said Section 6 distant 854.5 feet North of
the Southeast corner of the Northwest 1/4 of said Section 6; thence North along said East line to the
point of beginning.
ALSO, That part of the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 117, Range 23,
described as follows: Commencing at the Southeast corner of said Southeast 1/4 of the Northwest 1/4;
thence West along the South line of said Southeast 1/4 of the Northwest 1/4 a distance of 1020.6 feet to
the point of beginning of "Line A"; thence North parallel with the West line of said Southeast 1/4 of the
Northwest 1/4 a distance of 854.5 feet to the point of beginning of the property being described, and
said "Line A" there ending; thence East parallel with said South line a distance of 290 feet; thence South
parallel with the West line of said Southeast 1/4 of the Northwest 1/4 a distance of 75 feet; thence West
parallel with said South line a distance of 290 feet to said "Line A”; thence North along said "Line A” to
the point of beginning.
EXCEPT the right of way of North Arm Lane, as dedicated as public highway, per Document No. 7835812.
AND
Outlot B, IDYLLVALE FARM, according to the recorded plat thereof, Hennepin County, Minnesota.
Resolution 7559
Exhibit A
LA24-000059