HomeMy WebLinkAboutResolution 1389 `;� �
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d .1 C�t� o� ORONO
� RESOWTION OF THE CITY COUNCIL ..
� NO. 1389 y
� � REGARDING SCHLEE BUILDER'S INCORPORATED
• ' • • PROPOSED PLATTING OF E;ERTAIN LAND .IN .ORONO
WHEREAS, the City of Orono is a muni.cipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the . City Council of the City of Orono has adopted �
' subdivision regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, the City Council has considered three separate formal
applications and several informal variations made by Schlee Builders,
Inc. , for subdivision and development of the same property in Orono,
as follows: .
Application No. Date Begun Tax Parcel Description
#447 11-30-78 PID' s 17-117-23 34 0009 & 0010
#585 10-7-80 same as #447
#671 1-8-82 same as #447 plus 0005; 0006; 0007;
• and 0008; and
WHEREAS, S�chlee Builder' s Inc. , •has now withdrawn their latest
application #671 and wishes to pro�eed with their previous application
#585 according to the terms and conditions of a preliminary plat �
approval granted by the� City Council on July 13, 1981; and
WHEREAS, the 'detailed studies and review done for application
#671 raised new questions and provided new information not considered
in the prior review of applications #447 or #585.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Orono hereby declares that final plat approval for the
application #585 plan wil�l. not be automatically granted but will be
sul�ject to new review according to the new information known at this
time, and will be subject to amendment or change as might be determined
by such review, which declaration is based upon, but not limited to . .
the following findings:
1) Orono Municipal Code Section 39.400 regarding the
platting of land provides: "
39. 400. Final Plat. The preliminary �plat as
outlined above is a prerequisite to the submission
of .the final plat. Approval of the preliminary
plat is tentative only. Approval of the final plat
� shall be obtained from the City Council after first
receiving approval from the Planning Commission upon
submission of same with the complete information ..
outlined in the requirements specified herewith.
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� � Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL ..
� NO. 1389
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2) Minnesota Laws 1980 Chapter 566 which amended State
Section 462. 358 to require final plat approval within
1 year of preliminary approval does not become effective
unless or until a City amends its platting code after
the adoption of Chapter 566, which the City of Orono
has not done.
3) The Council is concerned that approving a final plat
for Schlee based solely upon the pr�liminary approval
granted on July 13, 1981, will not allow. proper
consideration of facts and information discovered as
part of the subsequent review of application #671.
4) Density must be reviewed. The 24 unit plan for
application #447 and #585 results ;_n a density of 2. 59
units/gross acre and 3.14 units/net acre. Net density
exceeding 3. 00 units/acre requires a variance to Zoning
• Code Section 34 . 621 yet the July 13, 1981, preliminary
approval motion for #585 specifically provided that
� no variances were being gran�ted. .
�
5) Sewer availability must be reviewed. Completion of the ,
Community Management Plan in November, 1981, and the
MWCC-mandated 5ewer Inflow and Infiltration report in
early 1982 ideritified a previously unquantified peak-
flow capacity problem in Lift Station #6 and associated
trunk sewers. The preliminary engineering plans reviewed
for application #447 must be revised and the sewer flow
redirected as reviewed during application #671.
6) Traffic Flow and street layout must be reviewed. Traffic
studies done for application #671 were much more detailed
than the� review done for applications #447 and #585.
The earlier reviews concentrated. on the 24 proposed units
with provision for future access to adjacent property.
Review for application #671 quantified the total proposed
and future units served and estimated traffic flow
generation. The result of the #671 review was a plan for
multiple access points instead of the single direct access
onto County Road 15 provided in the earlier #447 and #585
plans. Reverting to the #585 application will leave the
potential for the same or greater traffic flows than
� predicted in the #671 review. . The same problems exist.
The same problems must be solved, presumably in the same
manner as reviewed during the #671 review.
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� C�ty o� ORONO
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� RESOLUTION OF THE CITY COUNCIL .
NO. 1389
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7) Right-of-way requirements must be reviewed. Application
#447 and #585 included a 15 ft additional dedication
alonq Blaine Avenue whereas recommendations for application
#671 included a 20 ft additional dedication based upon
preliminary engineering� designs for a minimum 26 ft
wide Blaine Avenue improvement.
8) Final in'iprovement plans must be reviewed. Preliminary
engineering plans for application #447 were reviewed in
1980. Final corrected plans and related development
agreements have never been resubmitted either for #447
or #585.
9) Improvement Construction methods must be reviewed.
Applications #447 and #585 contemplated. that all
physical improvements would be installed by the developer
. at his own expense. Application #671 contemplated that
all public street and utility construction would be as
a public project to be assessed against the developer �
and/or other benefitted properties.
10) City expenses must be reviewed . The detailed study and .
neighborhood reaction to application�#671 resulted in
City-incurred expenses exceeding pre-paid fee amounts.
Review of the previous files indicates that fees charged
by staff for application #585 may not have been in
sufficient amounts required by the fee scheclule in effect
at that time. Pursuant to Zoning Code Section 32. 652
the City Council intends that all variable additional
expenses incurred by the City in review of all the
Schlee applications be paid prior to additional review
of any given subdivision layout for, this property.
11) The City Council is concerned that the Schlee application(s)
be reviewed in a timely, prompt and efficient manner
so as not to unduly delay the developer. However, the
Council feels justified in taking the time necessary to
�assure that all currently known conditions and concerns
are properly reflected in any final plat approval for this
property. ,
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� :- C�t� o� ORONO
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� RESOLUTION OF THE CITY COUNCIL ..
NO. 1389
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_ FURTHERMORE BE IT RESOLVED that the City Council of the
City of Orono hereby agrees to reopen review of Schlee Builders,
Inc. , application #585 subject to the following conditions:
1) Schlee Builders, Inc. agrees in writing that reopening
of the #585 application may lead to one or more
required changes in layout, design or other requirements
in order to address the new information and to resolve
� the new problems uncovered during review of application
#671.
2) Schlee Builders, Inc. agrees to reimburse the City for
outstanding variable additional expenses incurred 'during
� review of application #671, in the amount of $ 1, 935.43
3) Schlee Builders, Inc. agrees to reimburse the City for
variable additional expenses incurred in reopening
review of application #585, and that such reimbursement
• will include a deposit of at least $ 1,500. 00 to
be made before additional staff work is undertaken.
4) Upon satisfaction of the above conditions, and pursuant
to the verbal request of Russell Fierst representing �
Schlee Builders, Inc. , the City Council hereby extends
any prior deadline to August 13, 1982, for submitting to '
the City a final plat or amended preliminary plat of
application #585 without need to reapply and pay new
� application fees for further plat review. The City Council
states that such extension does not recognize any vested
rights in the present preliminary plat, and does not �
release Schlee Builders, Inc. from paying any or all
variable additional expenses incurred by the City in
additional review of this application.
5) Failure to complete the abpve. conditions and/or failure
to reach agreement on any changes required in the
preliminary plat may be cause for the City Council to
formally act to deny application #585 based upon the
findings contained in this resolution.
Adopted by the City Council of the City of Orono on this
14th day of June, 1982, by a vote� of 4' ayes and 0 nays.
. �
Mary C. tler, Actin Mayor
ATTEST:
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A1 erta M. Strom, City Clerk 4 of 4