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Home My WebLink AboutResolution 5299 � o.�,. . o 0 � �� CITY of ORONO � s ,� : , �, , ti �'�� G'�' RESOLUTION OF�� I�Y COUNCIL �k'Es8�4 NO. � Draft#4 4-26-OS A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 4B FOR OC DEVELOPMENT,LLC AND JOHN TERRANCE HOMES, LLC - FILE #OS-3081 WHEREAS, the City of Orono 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, OC Development, LLC, a Minnesota limited liability company (hereinafter "D�ve_loper") has an interest in property owned by John Terrance Homes, LLC, a Minnesota limite�liability company(hereinafter "Owner"), such property located at 2670 Kelley Parkway and legally described as: Outlots E and F, STONEBAY ,Hennepin County, Minnesota (hereinafter "the Outlots"); and WHEREAS, the Developer and Owner have made applicatidn for a re-plat of the Outlots to create a new plat to be known as STONEBAY SECOND ADDITION, comprised of Lot 1, Block 1 (hereinafter the "Property"), for the purpose of construction of the Stonebay Lofts, . and Outlot A, for the purpose of future residential development, as approved in the Planned Unit Development No. 4 Agreement; and WHEREAS, the City Council has considered the�application by the Developer for development of the Property by the Planned Unit Development(PUD) process; and WHEREAS, on January 27, 2003 the City Council adopted Resolution No. 4915 � granting General Development Plan Approval for Planned Unit Development No. 4 (PUD No. 4), and on April 28, 2003 the City Council adopted Final Plat Approval Resolution No. 4955, which approvals included the following elements: • l. Creation of the plat of STONEBAY including Lots, Blocks, and Outlots for immediate and future phased development for residential and non-residential uses; ;i 3 � _ �� . _ _ ,. : _ � °� 0 0 � '� CITY of ORONO � ,� ' � . . � ,. ti � �� G'�' RESOLUTION OF HE CITY COUNCIL L`q.kE KOg'� NO. � � � � S 2. Rezoning of the portion of property north of Kelley Parkway to RPUD � Residential Planned Unit Development District; 3. Establishment of conditions for development within PUD No. 4; and WHEREAS, the Applicants have agreed to execute Planned Unit Development No. 4B Agreement & PUD/Development Contract providing for the installation of certain improvements as a condition of site plan approval for the construction of the Stonebay Lofts, a 57-unit residential condominium building, and which Agreement documents the general and detailed conditions for use and development of the Property; and WHEREAS, the Developer has completed or has agreed to complete all other . requirements of the Zoning Code and related Ordinances of the City including: 1. Submittal of Minnehaha Creek Watershed District(MCWD)permit approving the � erosion control, grading and stormwater management facilities plan for the development of the Property per a Grading, Drainage and Erosion Control Plan to be submitted by the Developer subject to approval by the City Engineer. 2. Payment to the City of Stormwater and Drainage Trunk Fees for the development of the Property in the amount of $94,404 based on the following formula as established in • Exhibit M of the Planned Unit Development No. 4 Agreement: Trunk Fee,2005 Fee Schedule=$5,825 per acre Gross acreage of Residential portion of STONEBAY=41.55 acres Subtotal Resideutial SW&DT Fee=41.55 x$5,825=$242,029 . . Transfer from commercial: Gross commercial SW&DT Fee: 9.90 acres x$6,655/acre=$65,885 � Net commercial SW&DT Fee: 7.19 acres x$6,655/acre=$47,849 Transfer to Residential=$65,885-47,849=$18,036 � Total Stonebay Residential SW&DT Fee=$242,029+ 18,036=$260,065 Proration:Lofts units/total units=portion due for Lofts Lofts=57 units Total units(after Lofts reduction)= 157 units 57/ 157=0.363 x$260,065=$94,404 3. Payment of Sewer and Water Connection Charges for the development of the Property in the amount of$241,157 based on the following formula as established in Exhibit M . of the Planned Unit Development No. 4 Agreement: � • 1989 Hwy 12 Area Sewer Connection Charge(�005 Fee Schedule)_$5,655/acre � 1989 Hwy 12 Area Water Connection Charge(2005 Fee Schedule)_$9,355/acre Subtotal Sewer and Water Connection Charges=$15,010/acre Page 2 of 7 � � � � :� . . „ _ . ., . . ;� �. ,. . .� �;. . . . . . . „ _. ,. . .� � O� O O � �� CITY of ORONO . � g '� ti�' �� G RESOLUTION OF T�E�CI�TY�COUNCI� `�kEs�iog' NO. � Residential total area=44.26 acres 44.26 acres x$15,010/acre=$664,343 Total S&W Connection Charges • Proration: Lofts units/total units=portion due for Lofts Lofts=57 units Total units(after Lofts reduction)= 157 uiuts 57/ 157=0363 x$664,343=$241,157 4. Payment of Park Dedication Fee for Development of the Property in the amount of $185,250 based on the following formula as established in Exhibit M of the Planned Unit Development No. 4 Agreement: Establislied value of residential portion of Stonebay=$4,622,083 8%Park Fee=0.08 x$4,622,083=$369,767 Min/max raiige check: (inust be between$3,250 and$5,550 per unit) . $369,767/157 units=$2355/unit(below required min/max range) Mnumum Fee applied: 157 units x$3,250/unit=$510,250 Proration: Lofts units/total units=portion due for Lofts 57 units x#3,250/unit=$185,250 • WHEREAS, City staff and consultants have reviewed the plans for this PUD application and hereby specify approval or conditional approval of each attached plan and identify them as part of the official record for Planned Unit Development No. 4B: . 1. Approval of site plan per "Preliminary Site Plan" Sheet C2.1 dated 2/21/O5. 2. Approval of"Preliminary Grading Plan" per Sheet C3.1 dated 2/21/O5, subject to any additional requirements of the Minnehaha Creek Watershed District and subject to any additional requirements and conditions specified by the City Engineer upon review of final plans. 3. Approval of "Preliminary Utility Plan" per Sheet C4.1 dated 2/21/O5, subject to . any additional requirements specified by the City Engineer upon review of final plans. � 4. Approval of"Preliminary Landscape Plan" per Sheet L2.1 dated 3/9/O5, subject to conditions established within the PUD No. 4B Agreement. 5. Approval of conceptual floor plans for the building per the "Concept Layout" by Bruce Lehrer Architects (undated), which include 57 dwelling units and one guest unit, a single elevator located near the midpoint of the building, and lower level parking for 95 vehicles. 6. Approval of building exterior elevations and materials per Sheet A-2 by Bruce • Lehrer Architects last dated 1/21/O5, subject to submittal of facade elevations for all sides of the building to be similar in variety and percentage mix of materials to the facades shown on said Sheet A-2. Building materials required by this approval are as indicated on said Sheet A-2 and Page 3 of 7 � �o� 0 0 � � CITY of ORONO ,� ' - : � ti �'�� G'�' RESOLUTION OF TH�C�IT�Y C�OUNCIL `�kEsS�4 NO. � shall include architectural shingles plus both a light and dark stone mixture on the facades as shown by the shading on the plans. Roof lines and variety of roof heights, etc. shall be as shown on said Sheet A-2. Final plans submitted for building permit issuance shall be reviewed by the Planning Director for consistency with this approval, and any significant changes not consistent with this approval may require Council review and approval at the discretion of the Planning Director. Any proposed exterior signage or site lighting shall be subject to City review and approval prior to installation. NOW, THEREFORE, BE IT RESOLVED that based on the findings of this Resolution, the City Council of the City of Orono does hereby grant General Development Plan Approval for Planned Unit Development No. 4B, subject to the following conditions: 1. � General Development Plan Approval is granted subject to conditions established within this Resolution and subject to the conditions established within the Planned Unit • Development No. 4B Agreement and other pertinent documents. 2. Upon the final approval and.execution of this resolution and the Planned Unit Development No. 4B Agreement and PUD/Development Contract (collectively the "Agreement"), the City Council shall formally approve an ordinance amending the Orono Zoning Code by adding language establishing Planned Unit Development No. 4B (PUD-4B) to include the Property. 3. Upon approval of this Resolution the City Council shall direct the Mayor and Clerk to execute the Agreement and associated documents subject to approval of the City Attorney. 4. Minor changes in the location, design or footprint of the residential condominium building to be constructed on the Property may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Planning Director. 5. Significant changes in the location, size, or height of said building, and any other changes to the approved final development plan deemed by the Planning Director to be significant may be made only after review and approval by the Council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. � 6. If substantial development has not occurred within one year after approval of PUD No. 4B as set forth in the Agreement, the City Council may declare the approvals granted within this resolution and within the Agreement as null and void. Page 4 of 7 � o� 0 0 � '� � CITY of ORONO � � ,� ; . , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsI'i�4�G NO. � � � � . 7. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. Adopted by the City Council of Orono this l lth day of April, 2005. ATTEST: �°�- � //� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor DE OP OWNER • By BY� �--�---� Its: Its: � .� ,�YL1�Z. � 7�-- • Page 5 of 7 . , .. �O� O O � '� C ITY of ORONO � � � � � --- : ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI3.�g'�G NO. � � � � . � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal c rp`�� and said instrument was executed on behalf of the City. L3ARE�ARA G•SILUS ..�:�s': r:o i�Y Fua�ic-h;;rih�sc�A •�. ��C�m�s�on Exaires Jan.3'1,2o0g Notary Public .;i�:a • STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpo at�d said instrument was executed on behalf of the City. � �Q�6�P �'_��G*� � ,L BARBARA G.SILUS Notary Public ft�TARY PUBLIC-MINNESQTA .,: . .� MY�ommission Explres Jan.31,2008 � Page 6 of 7 � • A' v I O� � O O � �� C ITY of ORONO ,� ,: : �„ , ti �� G'�' RESOLUTION OF TH�E CITY COUNCIL `9kESYi�g` NO. � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN ! � On this a�� day of ��'�`�`'' , 2005, personally appeared before me, -�`�f'l0 l a( ��...c.�,-yta.� , the �L,e� 1/I�C,� of OC Development, LLC, a Minnesota limited liability company, on behalf of OC Development, LLC who is personally known to me � _� whose identity I proved on the basis of�/�/11 �(. whose identity I proved on the oatl�/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ; < �-' RACHEL DODGE Qp � _ ; " NOTARYPUBLIC-MINNESOTA ��`�� +`�'�' • . ' ,�.,,;:� My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this a"�day of �� , 2005, personally appeared before me, �� -c,�-/—��., , the of John Terrance Homes, LLC, a Minnesota limited liability company, on behalf of J Terr ce Homes, LLC, who is personally known to me � whose identity I proved on the basis of �/U � � whose identity I proved on the oath/affirmation of , a credible witness . and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. RACHEL DODGE �C�.�� ,/� f ' NOTARY PUBLIC-MINNESOTA 'CJ �•.,,,;+ My Commission Expires Jan.31,20�o Notary Public c �i . . , Page 7 of 7 .