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O 0� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 32 9 A RESOLUTION REVISING THE BOULEVARD LANDSCAPE PLAN FOR THE PLAT OF BAYSIDE MEADOWS FILE #13-3630 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 subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on October 14, 2013 the City Council considered the request by the developers Ervin Anthony Wachman Jr. and Michelle Marie Wachman, a married couple (hereinafter the "Owners") to allow a reduction in the number of required boulevard landscape trees pursuant to the waiver provisions in Orono Municipal Code Section 82-226 (b)(1) for the property legally described as the plat of Bayside Meadows, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on September 16, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as #13-3630. 2. The plat of Bayside Meadows was granted final plat approval on June 24, 2013. 3. The road within the Property results in 2,270 linear feet of frontage requiring 57 trees. 4. The approved landscape plan for the Property reflects the code -required number and placement of boulevard trees. 5. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the new roadway every 40 feet. 6. City Code Section 82-226(b)(1) provides the City Council with the authority to waive landscape requirements as deemed appropriate. 7. The applicant has provided a revised boulevard landscape plan reflecting a more rural or natural placement of 42 boulevard trees. Page 1 of 2 CITY 0IRO G 1 RESOLUTION OF THE CITY COUNCIL NO. 5329 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby approve the revised landscape plan for the plat of BAYSIDE MEADOWS, Hennepin County, Minnesota (a copy of which is attached as Exhibit A) with the following condition: The plantings required per the revised landscape plan shall be completed prior to issuance of building permits for the construction of homes within the development. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. Adopted by the City Council of Orono this 14`h day of October, 2013, ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 2 of 2 Kesomion Exhibit A 1 �� �� aaoo¢kau�so-Nola `\ sra 're ry ssra auomswaY 'r'o \ yK os$ >a3 pva.w�m e ssc � 64U022G1490 A3 llllNl YI]IELLVE.A A3tlLUf _.. n�._ y1f3HNo -- .n• �A z �i4 i O \ I p 1 y soaozzciG4ieo-Nola —�'� / �F srvs paevzna r plm �' / -. a 1 G / _ _--- (ab M H N33tl� �w �P SF31NIVd 1 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2013 7:00 o'clock p.m. (8. #1 - 9 RYANAND STACYALNESS, 1169 NORTHARMDRIVE— Continued) / McMillan stated despite the sta tatute, this is its own entity, and that n though things have changed since 2001, it does not necessarily arfectthis parcel since both lots japeconsidered part of this parcel. McMillan stated the agreement provides access but it doe of provide the ability to build on it. Levang moved, Anderson seconded, to direct #13-3629, Ryan and Stacy Alness, 1169 Nort Opposed. draft a denial resolution for Application nKi�. VOTE: Ayes 3, Nays 1, Printup Ryan Alness stated they woul like to deal with access to the prop since they are currently landlocked. There is cu ly no way to gain access to the property and th would request the City deal with that. McM' tated she will have Staff get back to him on that. *9. #13-3630 BILL COFFMAN ON BEHALF OF ERWIN WACHMAN, PLAT OF BAYSIDE MEADOWS — WAIVER OF LANDSCAPE REQUIREMENTS/AMEND LANDSCAPE PLAN — STREET NAME ASSIGNMENT — RESOLUTION NO. 6329 Levang moved, Anderson seconded, to adopt RESOLUTION NO. 6329, a Resolution Revising the Boulevard Landscape Plan for the Plat of Bayside Meadows. VOTE: Ayes 4, Nays 0. BLIC WORKS DHlECTOR/CITY ENGINEER'S REPORT Stru eported the Eagle Scout project has been completed and it looks very niceZtentative dedicatio as been suggested as November 12. McMillan noted t ould be dark at that time and that the Council should decide on October 28 prior t e Council work session. It was the consensus of the C71kCouncil to hold the dedication ceremony aYS:00 on October 28 Struve reported the brush site has be officially closed. The siteXs been opened at various points for the City to haul some brush in there. Pu 'c Works will be mo 'ng forward with chipping the entire site in the near future. Struve stated residents ca till bring leye6s and grass to the Public Works Department from 9 a.m. to 3 p.m., Monday through Saturda , ntil SZrly November. Levang asked when the chipping will occur. Struve indicated no definite date has but that it will behsthe near future. Struve reported work on Willow D.PKe was finished today. Page 17 of 23 Date Application Received: 8/16/13 Date Application Considered as Complete: 08/16/13 120-Day Review Period Expires: 12/14/13 REQUEST FOR COUNCIL ACTION Date: 9 October 2013 Item No. Department Approval: / y Administrator ApprovalAgenda Section: Name: Melanie Curtis M v Title: Planning & Zoning Coordinator Item Description: #13-3630— Bill Coffman on behalf of Ervin Wachman —Bayside Meadows Plat - Waiver of Boulevard Tree Landscape Requirements/Revised Landscape Plan & Road Name Assignment— Resolution Zoning District: RR-113 One Family Rural Residential District (2 acre/200' width) Existing Lot Areas: 13.01± acres dry + 0.71± acres wetland 13.72± acres total List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Revised Landscape Plan Exhibit C. Planning Commission Staff Report 02/11/13 Exhibit D. PC Action Notice Exhibit E. 60-day Extension Exhibit F. Draft PC Minutes 9/16/13 Application Summary: Landscape Plan The Bayside Meadows subdivision received final plat approval in June 2013. Upon final review by the City Council the applicant was asked by the Council to consider a reduction in the number of proposed boulevard trees and to consider a more rural/natural placement in the spirit of the rurally zoned development. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the new roadway every 40 feet. The result of such uniform spacing may appear to be contrived rather than a more natural variation. The same City Code section also provides the City Council with the authority to waive landscape requirements as deemed appropriate. The road for the Bayside Meadows plat results in 2,270 linear feet of frontage requiring 57 trees; the approved boulevard landscape plan reflects the code -required number and placement. The applicant has provided a revised plan which is attached as Exhibit B reflecting a more thoughtful placement of 42 boulevard trees. Street Name Assignment The City does not have a street naming policy. Historically, the Council has allowed developers to name the private streets within their development at their discretion. The developer has requested to name the private road in the Bayside Meadows development Bayside Trail. The address numbers of each of the individual lots will follow the City's addressing grid protocol. #13-3630 9 Oct 2013 Page 2 of 2 Planning Commission Recommendation On September 16, 2013, the Planning Commission voted on 7 — 0 on a motion to recommend approval of the revised landscape plan. Planning Staff Recommendation Staff finds the placement and number of proposed boulevard trees to be a better fit for a rural design and recommends approval. Additionally, staff recommends approval of Bayside Trail as the street name. Once the name has been assigned staff will be able to proceed with assigning addresses to the each of the individual lots within the plat. COUNCIL ACTION REQUESTED The Council should consider the applicant's request for approval of the revised landscape plan and adopt or amend the attached Resolution. Additionally the Council should make a motion to assign the name Bayside Trail to the private road in the plat of Bayside Meadows. Council Exhibit A A RESOLUTION REVISING THE BOULEVARD LANDSCAPE PLAN FOR THE PLAT OF BAYSIDE MEADOWS FILE #13-3630 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 subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on October 14, 2013 the City Council considered the request by the developers Ervin Anthony Wachman Jr. and Michelle Marie Wachman, a married couple (hereinafter the "Owners") to allow a reduction in the number of required boulevard landscape trees pursuant to the waiver provisions in Orono Municipal Code Section 82-226 (b)(1) for the property legally described as the plat of Bayside Meadows, Hennepin County, Minnesota (hereinafter the 'Property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on September 16, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as #13-3630. 2. The plat of Bayside Meadows was granted final plat approval on June 24, 2013. 3. The road within the Property results in 2,270 linear feet of frontage requiring 57 trees. 4. The approved landscape plan for the Property reflects the code -required number and placement of boulevard trees. 5. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the new roadway every 40 feet. 6. City Code Section 82-226(b)(1) provides the City Council with the authority to waive landscape requirements as deemed appropriate. 7. The applicant has provided a revised boulevard landscape plan reflecting a more rural or natural placement of 42 boulevard trees. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby approve the revised landscape plan for the plat of BAYSIDE MEADOWS, Hennepin County, Minnesota (a copy of which is attached as Exhibit A) with the following condition: The plantings required per the revised landscape plan shall be completed prior to issuance of building permits for the construction of homes within the development. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. Adopted by the City Council of Orono this 14`" day of October, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 2 of 2 Resolution ; 6 z Exhibit � � Council LA IIILPIB C W ifl OWNER: PETER A, SHARON RENNERQ. PID,9-0611723210006 OWNER: BRADLEY PASS PID#-0611723240001 BUCKTHORN Je G -* i > a a �- ••"�� REMOVAL M Or IF N_� ENTRY MONUMENT J - SEE SHEET2 PLANTING BED,—_, yo SEESHEET3! i a o M u. BUCKTHORN �`�✓ �.; A ' W¢N 7 = ' }#L - I s I 4 REMOVAL i §¢ 3 ZO i,tl. 'ti y� o- REMOVAL ®�5 W_ s. BID GZD ® 4 TY L. A Cg`D.— r y — Y- :I PLANTING BED aA ` SEE SHEET 3 RL En F @y PE / fA11NTa)!f K Z 3 a a-MACHINEMOVE1l< -�1 E_ TREE _ - 0� 6 DSIGNATED `I _ i - �morosFncaNrooa �/./ LOCATION- 1 w •� l d8 iL u ; ., mrorosEomrtaoaJ ® ® ` _ 9 BE 400 II �-R II 3. SJ a_n LOCATION O��I MACHINE MOVED di iE TREE �, _ ' - . - - ✓ 4 t 4 L W C %s.. - ✓ n.- BUCKTHORN OWNER: OWNER: OWNER: REMOVAL JAMES MORGAN da DEBRA PULFORD JAMES JULIE DZUBAY ERIN SULLIVAN PIO!y-0611723220022 PIDy-0611723220023 � • _ PIDP-061172322723220024 C31 re OWNER: AMERICAN HOME MORTGAGE PID/-0611723220021 NOTE: 50 25 0 25 W IN J SEE INVASIVE SPECIES REMOVAL CONTROL MEMETTMOn'I: SCALEINFEEr INDICATESAREAOF PROCEDURE FOR BUCKTHORN REMOVAL PREPARED BUCKTHORN REMOVAL BY KJOLHAUG ENVIRONMENTAL SE ICES. 40. BY DATE I REVBIONS RMee per dN mmmenm - USE (INCLUDING COPYING, OISTRBUTION. ANUrOR CONVEYANCE OF NFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT HORSY &ASSOCIATES I TOW 245.13 2 3 TOW TOW 5-2213 74313 Upda1e Isse R 4 T eyuenYlMndaQusdbntlem LANDSCAPEARCHITECTS,INC:sE PREBSMN ENAUTHORQAT". WE WIMOUT SAID AUTHORVATN)N CONSTITUTES AN IULEGRLUTE USE AND SHALE a TDW T.25-t] - Adjust elbns am spetles THEREBY INDEMNIFY MONEY d ASSOCIATES LANDSCAPE ARCHTECTS,IMC. OF ALL 5 TOW 9513 Redse legeM - RESPONSIBILITY. NORBY6 ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES _ THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSI&.E -"--" - FOR DAMAGES OR LOSSES RESlRi1NG FROM 0.LEGilM1MTE USE. Norby & Associates Landscape Architects, Inc. 100G tSrwnd Screx Chae6n.MN 55318 (952)361.01 KEY CONRION NAAN: BOTANKALNAME IQUmTITy 512E NOTES —TREES r[e^ 4ae^:•_ :f Jck^:3^3 FyJe+br!0' A :/"9B tt•d n!4C la aeCer S dJ.^A9 ]e'Je3 avid ".3�'a ]Gile:3 19 Be ->^er :c^d: S. x aezve>:anmos'r -a-s 5:avy 25'S9 -:•s^^. 3..n y we, emana•u-+r_::-c a E Be st"^•!en^•s3de• Pli Rac l!eca Aro•^.,e,Ym a 25`55 c'—en-e order SA SJ er'Ta-m ':arsaarewn 25 Be 913 men _eater Is- w"u, P it znw R^d/e r 35 FLE NO. FINAL PLANTING PLAN _31M2"TB_ ORONO, 1 MINNESOTA BAYSIDE MEADOWS 3 Date Application Received: 8/16/13 Date Application Considered as Complete: 08/16/13 60-Day Review Period Expires: 10/15/13 To: Chair Leskinen, Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning & Zoning Coordinator V Date: 11 February 2013 Item Description: #13-3630— Bill Coffman on behalf of Ervin Wachman —Bayside Meadows Waiver of Boulevard Landscape Requirements & Road Name Assignment Public Hearing Zoning District: RR-113 One Family Rural Residential District (2 acre/200' width) Existing Lot Areas: 13.01±acres dry + 0.71± acres wetland 13.72± acres total List of Exhibits: Exhibit A. Revised Landscape Plan ExhibitB. Applicant's Request Exhibit Approved Landscape Plan — Final Plat Bayside Meadows ExhibitD. Council Minutes — 06/24/13 Exhibit E. Neighbor Comments Received Council Exhibit C Applicable City Code Section: Sec. 82-226. - Preservation of natural features and amenities. a) Generally. Existing features which would add value to residential development or to the city as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary subdivision has been granted. All trees on the subdivision plan required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The vegetation map shall show the number and location of existing trees, as required by this chapter, and shall further indicate all those marked for retention, and the location of all proposed shade trees required along the street side of each lot as required by this chapter. b) Shade trees planted by subdivider. (1) Asa requirement of subdivision approval, the city may require that the subdivider plant shade trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of-way of the roads within and abutting the subdivision, or, at the discretion of the city, within the right-of-way of such roads. One tree shall be planted for every 40 feet of frontage along each road unless the council, upon recommendation of city staff, shall grant a waiver. (2) New trees to be provided pursuant to this chapter shall be approved by the city and shall be planted in accordance with the specifications of the city. Such trees shall have a minimum trunk diameter, measured 12 inches above ground level, of not less than two inches. Only oak, honey locust, hard maples, ginkgo, ash or other long-lived shade trees acceptable to the city shall be planted. FILE # 13-3630 10 September 2013 Page 2 of 2 Application Summary The Bayside Meadows subdivision received final plat approval in June 2013. Upon final review by the City Council the applicant was asked by the Council to consider a reduction in the number of proposed boulevard trees and to consider a more rural/natural placement in the spirit of the rurally zoned development. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the new roadway every 40 feet. The result of such uniform spacing may appear to be contrived rather than a more natural variation. The road for the Bayside Meadows plat results in 2,270 linear feet of frontage requiring 57 trees. The approved plan (Exhibit C) reflects the code -required number and placement of the boulevard trees. The applicant has provided a revised plan which is attached as Exhibit A reflecting a more thoughtful placement of 42 trees. Additionally, the developer has proposed Bayside Trail as the name of the road within the development. The City Council shall review and approve the road name. Planning Staff Recommendation Per the City Council's suggestion the applicants have submitted a revised boulevard landscape plan. The City's consulting engineer has reviewed and approved the plan. The Code allows for the City Council to waive certain requirements as deemed appropriate. Staff finds the placement and number of proposed boulevard trees to be a better fit for a rural design and recommends approval. The Planning Commission should review the revised landscape plan and consider a recommendation for approval. The City Council will consider the road name request with the landscape plan approval. PC Exhibit ' I> OWNER / j >" . �/ - -. o, OWNER: ` - �� / ,� r; BRADLEY PASS \� PIDq-06117Z3210006. i� ,/ ,� ,� ,�� m PID$-0611723240001 9D y6 s f i r s BUCKTHORN I � � REMOVAL a s 'o p 2N� / < J ENTRY y' i / � / � R � 3• _ � a MONUMENT 'PX ,-'�' �1� Q SEE SHEET 2 1 , �t' / , og A\ �> l �J ry �1 @g i i ] ¢'���.� /� mo PLANTING BED i wd V A I_.�-7 't q �., ai c .A yp SEE SHEET 3I l - tl 1 T' ( I I �. 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P ad NPce 06Sme t9 TBB HL xox Looi!'Sk 'ne' Gkfitsa viurvnoa re ix sswim.mei Nsn Ie ketler PE P.;,caua Elm Mlmosemenwm 1 A 2.5'8B me ht sn le Rafe] RM Red Maple Acer]Pbura A 2.5"BBm ht sin le ketler SM Su rMe a Acersaanuum 3 25"BB me nt sm le Refer " VLhrte Pilrc Pnms mows 5 TBB BUCKTHORN REMOVAL BY KJOLHAUG ENVIRONMENTAL SE ICES. Tora; +. DESIGNER NO. BY DATE RE ISION3 USE (INCLUDING COPYING, DBTRBLRpN. ANDOR CONVEYANCE OF NFORMATKW) OF THIS PRODUCT IS STRICTLY PROHIBITED WTHOUT NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC:e EXPRESS W ITEN AUTHCRVATION. USE `NTTHOUT SAID AUTHORVATON CONSTITUTES AN ILLEGRMATE USE AND SHALL THEREBYINDEMNIFYNORBYQASSCCWTES NNDSCMEARCHRECTS.INC.OF ALL THE RIGHT TO ICIO ANY ILLEGITIMATE USER OR PARTY LEGALLY RESFONSBLE FOR DAMAGES OR LOSSES RESULTING F ROM ILLEGIMATE USE. �/ _ .W - `-- —+--- TAT y p� A } j`1 Q[LJT] (X. C13SQC]SLPe3 ,]J Architects, Landscapes A c` itecLS Inc. I 1000tSewed St Cheeka.MN 5531N(952)361.06Ga CRYPROJELT NO. - FINAL PLANTING PLAN BAYSIDEMEADOWS FILE NO. J1t02470 TM DRANMSY t _ z 3 C 5 TOW TDW TOW TM TDW 23&1J 5-z31J ]ZS13 ]3513 96-10 _ _ ft per My Ms UOfek base - - ReU T2e0 WNsnfadiuAkxalms AQ t10m in tl pewee RMefte --RESPONSBLRY.NOREYAASSOOIATESLANDSCAPEARCHITECTS.INC.RESERVES __. _ _ ORONO, MINNESOTA TPN 1 '3 CHECKED BY TON DATE 01Q113 I `i LAIIIVIL OWNER: OWNER: TREE PRESERVATION EASEMENT CONSERVATION EASEMENT - . BRADLEY PASS WETLAND CONSERVATION - PIDN-0611723210065 /-� EASEMENT WETLAND m' PIDN-0671723240001 i _ _ _ - _ - _ _ _ _ _ _ — BUCKTHORN REMOVAL / I o f �?"+"��T �' - 's y > 5 e i a s saa �... �✓/j .'�-_, __- T _ y �___ _ ._ _ __ _ i I Y y In. I i/lo I J I ^' ^ � • ;. r i a q4 u 8 ENTRY MONUMENT H' Ay i / > ✓ �.� _ _ SEE SHEET2 U_o �. y PLANING BED #,mj c, SEE BHEEr]A� -#L.. ;.. & �� e = a� Zb b.-g1AgN _� T 1 t .,c (ADLL BUCKTHORN 1 - _C si PLANTING BEDS C-4`J •^+� o _. \ ___-- _.. 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TREES REQUIRED-57 OWNER: REMOVAL ERIN SULLIVAN ��� PID#-0611723220U24- \ PI AMTIMT I CFaFIa2a KEY COMMON NAME BOTMIICAL NMIE OUMITRYSO!P NOTES TREES AL L ictn'ReEMaPb' T saenseana'RehnRV, 7 25'BBel ol.i BH Bbck MIN Spme Pities a harNta 10 T BB IN H. LCCWISRfiVo GbSbiahicaW iwimmlis'Skyb ' 7 2.SBB v - M PE PoecetoR EI:R Lvmua arxvr;ana PnlNeAM' 12 2SB0 2.S BB s1Va Ms' slragM4 RM ReB AhPe cEllfmurm 10 SM S Meek xY SaccNnm WP Vaift R. Pmtt sbWw' ] TBB R CEI ED AP , 2 9 %013 CITY OF ORONI TOW 1 TOW 2- 1] Rwbe pv GY PArvra�h - _ - - _ USE (INCI-UCING COPYp1G. GL4TRIBU7gN. ANpORCONVEYPNCE OF INFGRIMTpNI OF THIS PRDOUCi IS$TRq:TLV PRWIBIIED YATIWTNORBY6A55CGATES IANOBCAPE ARCM(fECiS""'° EXPRESS WRRTEN Al11HCRQATKIN. USE W $A ON1UT10N ryRE5 N3SCNFE N 1 S Norb & Associates y CITY PROJECT NO. PRELIMINARY PLANTING PLAN FILE NO. 31=4M ORAWNBY — TIXY pIE - - - EREBI MNIF ASSOCIATES 11ECTS. M. OF TNEREBYINOENNIFYNORBYA ASSOCIATES A CTS,ISRESERVES R B INC.. RESERVES flE15 Landscape Architects, Inc. ORONO. uv, DATE- RIGHT TO THE DAMAGE HELLSSES ESULTA7E UOMIJLEITNA E jAILV REGPENDruE EGITINATES RORPARTY LEGALLY FOR DAMAGES OR LOSSES RESULTaJG FROM IIL£GTIIMTE USE. ---�---- ---- Ifq Cut Sttmd Slmx CM1a+ka. l.M 55318 (95])161-0MJ MINNESOTA BAYSIDE MEADOWS Ot-nt] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24,2013 7:00 o'clock p.m. (3. MCWD LONG LAKE CREEK CORRIDOR PROJECT UPDATE, Continued) Anderson asked if the City Engineer agrees that the boundary will not change. Struv ated based on the modeling, it appears that the boundaries will renp4wrubstantially the same. All of the osed improvements have been presented to the prope ers for their review and ultimately the PmZerty owners will need to sign off on some terg.Krary construction easements prior to the project taking p Struve stated based on the inform n he has reviewed to date, everything seems to be okay. McMillan asked if the MinnehA rainfall this area has received this Houdek indicated there have The City Council took PLANNING District has had any issues with the amount of major action on this item. reported. COMMENTS — DENISE Leskinenstd she had nothing to report but would be available for questions. MMENTS ne PLANNING DEPARTMENT REPORT ATIVE 4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2N11 — FINAL PLAT "BAYSIDE MEADOWS" — RESOLUTION NO. 6301 Curtis stated the applicant is requesting final plat approval in order to finalize the plat of Bayside Meadows. The preliminary plat application to create five new lots received City Council approval in March. There is a requirement to connect the two existing lots north and south of the proposed outlot road to the private road. At the time of the preliminary plat, Iry Geffre did not want to connect his private driveway to the outlot. That issue appears to have now been resolved. The other neighbor was agreeable to the connection. Geffre has been working with Hennepin County to formalize his use of an existing gravel driveway curb cut located further west on his property. Hennepin County has agreed to issue a permit to allow improvements to that driveway and will not require connection to the new private road serving Bayside Meadows. The developer will need to obtain a permit from Hennepin County to construct the road. Curtis displayed an aerial photograph depicting the existing gravel driveway approach for Mr. Geffre. It previously was a horseshoe driveway and the gravel portion still remains and provides access to his barn. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o'clock p.m. (4. #13-3607 BILL COFFMAN ONBEHALF OF ERVIN WACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND —FINAL PLAT `BAYSIDE MEADOWS" — RESOL UTIONNO. 6301, Continued) The applicants have submitted the final plans, paid the necessary fees and provided a letter of credit. The applicants will be required to sign the remaining development documents and easements prior to recording of the plat. Planning Staff and the City Attorney will continue to work with the applicant to finalize the remaining documents. Planning Staff recommends approval of the final plat as per the attached resolution. Levang stated as it relates to the landscape plan depicted on Exhibit D, she has some concerns about the number of trees being proposed. Levang noted the City Council did discuss the landscaping previously, but in her view the plan is creating an artificial boulevard look. Levang asked how the applicant feels about that. Levang stated in her view it changes the character of that section of the roadway and that she would like to see fewer trees in that area. Curtis indicated they have met the requirements of the subdivision ordinance for landscaping within a boulevard. Mattick asked if the plan is reflective of the minimum requirements Curtis indicated it is. Levang commented Orono typically does not have boulevards. Mattick noted if the Council would like to deviate from the ordinance, it would require a variance. Mattick indicated one option would be to scatter the trees. Mattick asked if it is required the trees be along the road. Curtis indicated there is a storm pond that does not allow for the planting of trees between the pond and the roadway. McMillan concurred that it could give the appearance of an unnatural look. McMillan stated she has noted some issues in the past with the City's Code as it relates to trees. Bill Coffman indicated they would be willing to work with Staff on relocating a few of the trees away from the boulevard. Mattick stated as it relates to the City's minimum standards, when the City Council approves the application, it will need to meet the code provisions since there is no variance application before the Council tonight. Mattick stated the applicant could work with Staff to see if they can develop a plan that would get away from a boulevard look. Coffman indicated they could stagger the trees somewhat. McMillan stated that is probably something the City should look at in their code. Levang asked whether a plan has been submitted as it relates to the buckthorn removal Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o'clock p.m. (A #13-3607 BILL COFFMAN ONBEHALF OF ERVIN RACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND —FINAL PLAT `BAYSIDE MEADOWS"— RESOLUTIONNO. 6301, Continued) Curtis stated the applicant has submitted a plan stating that the developer will remove the buckthorn and then the responsibility transfers to the homeowners association at some point for additional maintenance and future removal of any buckthorn in the conservation areas. Mattick stated there is a provision in the City Code that talks about shade trees planted by a developer in a subdivision. The code states one tree shall be planted for every 40 feet of frontage along each road unless the Council, upon recommendation of City Staff, shall grant a waiver. Mattick stated it appears the City Council can grant a waiver but that he is not sure if there are other provisions tied to this language. Mattick stated he also has a concern that this is the plan that has been brought to the Planning Commission, the Planning Commission received public comment on it, and that what is being proposed tonight is generally what the public is expecting. Mattick noted this issue has not been contemplated in the report and the residents in the area will have the impression that what is in the plan currently is what is going to be done. Mattick stated in his opinion the Council does have the ability to grant a waiver but noted that any approval at this time would be without any public notification and without review of possible related code provisions. Levang asked when construction is expected to commence. Coffman stated they cannot afford any delays relative to the approval process and that they would like to start construction right after the 0 of July weekend. Coffman noted the landscaping would not be going in until the fall, which would give them some time to work with Staff on that issue. Mattick noted it would be something that the applicant would have to reapply for to have it reconsidered. Bremer commented there would likely be a cost savings to the applicant if fewer trees are planted. Coffman indicated he would be willing to come back with a different tree plan as long as it does not hold up construction. Bremer stated she is fine with the plan as proposed but that she would be open to requiring fewer trees. Irvin Geffre, 4655 Bayside Road, pointed out the location of the trees in the conservation easement. The Wachmans had planted those trees in 1994 when they purchased the property. Geffre stated at the present time the trees have taken their lake view away and that he would like to see one of those trees removed, which would fall in line with what the Council would like to see. Geffre stated he would like to see in any revised plan the removal or relocation of that one tree. Geffre noted Mr. Coffman has alluded to the fact that he would be willing to relocate the tree to help open up the view of the lake. Mattick stated the Council would need the applicant's consent if any trees are going to be removed Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o'clock p.m. (4. #13-3607 BILL COFFMAN ONBEHALF OF ERVIN RACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND —FINAL PLAT "BAYSIDE MEADOWS" — RESOL UTION NO. 6301, Continued) Coffman indicated he is very familiar with the tree Mr. Geffre was referring to and that he would be agreeable to relocating the tree with a tree spade. Coffman indicated he would be more than happy to move a couple of the deciduous trees as well to prevent blocking Mr. Geffre's view of the lake. Levang moved, Anderson seconded, Application #13-3607, to adopt RESOLUTION NO.6301, a Resolution Approving the Plat of Bayside Meadows, with the applicant having the option to submit a new landscaping plan and the option of entering into an agreement relating to the relocation of the trees. McMillan asked if the applicant would need to pay a fee to come back with a revised landscaping plan Mattick stated there would be a fee associated with the amendment, and if the fee is waived, the City would be incurring those costs. McMillan asked if the fee for the amendment would be the same as the application fee. Curtis indicated to her knowledge it would be the same fee. Bremer stated she would be fine with waiving the fee but at this point it is not certain whether the applicant will be requesting the landscaping plan be amended. McMillan stated since the Council is the one who is encouraging the change, she would also be fine with waiving the fee. Levang moved, Anderson seconded, to amend her motion to include waiver of the fee for the amendment if the applicant chooses to submit a revised landscape plan. VOTE: Ayes 5, Nays 0. 14 #13-3605 BRIAN AND REBECCA HENNING, 245 TONKA AVE CES — RE TION NOS. 6302 & 6303 Anderson moved, top se5RoadSouth. pplicatio =0. o adopt RESOLUTION NO.6302, a Resolution Granting a nic' oningtion 78-305, and to adopt RESOLUTION No. 6303, aenying a VaMunicipal Zoning Code Section 78-1435, 245 Tonka Avenue.es 5, Nays 0. *6. #08-3355 CL NINNIF STUBBS BAY ROAD SOUTH — 5Tu PRELIMINARY AT APPEXTENSION —TION NO.6304 Anderson ved, Printup sepplication No. o adopt UTION NO. 6304, a Res ion Granting a Fifth of the Preliminoval of a Class I rl�diyigion for operty Located at 60 Stuboad South. VO5, Nays 0. Page 6 of 15 PC Exhibit E September 9, 2013 Ref: The proposed construction of a subdivision consisting of 5 lots located between 4665 and 4645 Bayside Road, Orono From: Julie & Steve Dzubay, Carolyn & Peter Meyers, Chris & Erin Baker To: Orono City Council I am writing to express concern regarding the proposed construction of a subdivision consisting of 5 lots located between 4665 and 4645 Bayside Road, Orono My property and the properties of my neighbors will be greatly affected by this development. We are opposed to adding FIVE new houses to this neighborhood. We all share the same concerns and values; which are Orono's values, delineated on the City of Orono Website. They are as follows: Orono's Philosophy [www.ci.orono.m n.us] 4- Protect and preserve Lake Minnetonka, its water quality, and its recreational assets. Protect and preserve our many natural resources and open spaces. ❖ Preserve our distinct urban and rural land use patterns and lifestyles. Preserve our local character and identity. Protect and preserve Lake Minnetonka, its water quality, and its recreational assets. Drainage and Wetland area: Our properties include wetland areas that restrict our land usage in order to preserve those wetland areas. The proposed development decreases the permeable land adjacent to our properties by at least 1.65 acres, thus forcing drainage into lower level areas- Lake Minnetonka and our lots. Our lot levels are below the proposed building sites; by definition, the excess water will flow toward us and toward the lake instead of being absorbed into the ground to support tree growth. This is an open space appreciated by all its neighbors, including the four legged variety. We are already experiencing increased wetland areas on our properties; these have decreased usable yard area and have moved wildlife closer to our homes. We now have muskrats in the woods just behind our homes. • Protect and preserve our many natural resources and open spaces. Property values: Our decisions to move to Orono included being able to enjoy the natural resources and the open space living this city provided. Since we have been in our house the last 15 years, we have heard from residence and council members that Orono is not about sub -divisions. We will never have cable in our area because the population will never be dense enough to justify the Bayside Road Proposal 9/09/13 page 1 build. That has always been a good thing and an attribute valued by Orono residents. Having the first sub -division in Orono adjacent to our properties will decrease the value of our homes. We are already at a disadvantage as Cty Road 19 runs in front of our houses, having a sub- division on the backside of our lots will make our lots the most unattractive properties in Orono. Preserve our distinct urban and rural land use patterns and lifestyles. Noise: as stated previously, being located on County Road 19 already has its disadvantages. The noise associated with the highway detracts from the typical Orono property experience. Having a sub- division of 5 properties located on the back side of our property lines will add to this noise level and create an environment where it is just like living in Plymouth, Wayzata or any other suburb. Five properties entail at least 10 more cars driving 3 times a day in an out of that subdivision. That is 30 more vehicles traveling on Bayside Road, a small dual carriageway. Not to mention the noise of living with at least 20 more people behind us -in addition to their friends. Preserve our local character and identity. Proposal: Do not allow a sub -division of 5 houses. Instead divide the land in a way that allows for the existing adjacent properties to purchase land as an extension of their property, if interested. Allow three additional houses to be built in the areas furthest from property lines of existing home owners and away from the current areas that are designated as wetlands in our yards. This solution allows Orono to continue to cater to unique, single dwelling, high -end houses while also helping the current adjacent property owners to maintain the value of our properties and homes. With the construction of not more than 3 homes, Orono's 4 Point Philosophy will be upheld. Thank you for your consideration, Orono County Road 19 residents Bayside Road Proposal 9/09/13 page 2 Council Exhibit D NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Ervin Wachman 2135 Salem Court Long Lake, MN 55356 TYPE OF REQUEST: Variances DATE OF MEETING: 16 September 2013 ZONING FILE: 13-3630 DATE OF NOTICE: 17 Sept 2013 COPIES Ervin Wachman via Bill Coffman email: The Orono Planning Commission voted on a motion to recommend approval of the request waiving the 1 tree per 40 feet boulevard landscaping requirement for the Bayside Meadows Plat as noted. VOTE: 7 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, October 14, 2013 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627. Council Exhibit E CITY OF ORONO Street Address: Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.d.orono.mn.us 9 October 2013 Ervin Wachman 2135 Salem Court Long Lake, MN 55356 SUBJECT: Zoning Application #13-3630 On September 16, 2013 the Orono Planning Commission reviewed your request for a waiver of landscaping requirements for the Plat of Bayside Meadows. The current deadline for City action on your application is October 15, 2013. Your application will not be before the Orono Council until October 14, 2013. This letter is your notification that the City is extending the time period for City action on application #13-3630 under Minn. Stat. § 15.99, subd. 3(f). The time period for action on this application is hereby extended until December 14, 2013. Your application is scheduled to be before the City Council on Monday, October 14 for review as planned. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Sincerely, CITY OF ORONO U 016W Melanie Curtis Planning & Zoning Coordinator Copies via email: Ervin Wachman Bill Coffman MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. ave\dthe the next ste roc inplicatio ould gob c glethe ' b of the Planning Cit ON THYABOVE MWION: Aves 4 would be if the lication the City Cou 1 for review --- in is to make a recoi ays 3, Le cGranj%po Council Exhibit F recommended for em formal action ce dation b ed on the 8. #13-3630 BILL COFFMAN ON BEHALF OF ERWIN WACHMAN, BAYSIDE MEADOWS, 8:02 P.M. — 8:28 P.M. Bill Coffman, Applicant, was present. Curtis stated the Bayside Meadows subdivision received final plat approval in June of 2013. Upon final review by the City Council, the applicant was asked by the Council to consider a reduction in the number of proposed boulevard trees and to consider a more rural/natural placement in the spirit of the rurally zoned development. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the new roadway every 40 feet. The result of such uniform spacing may appear to be contrived rather than a more natural variation. The road for the Bayside Meadows plat results in 2,270 linear feet of frontage requiring 57 trees. The approved plan reflects the code required number and placement of the boulevard trees. The applicant has provided a revised plan at the Council's suggestion reflecting a more thoughtful placement of 42 trees. Curtis noted this is not a variance request as noted on the agenda and more of a waiver of the requirement since the applicant was asked by the City Council to review this issue. The Code allows for the City Council to waive certain requirements as deemed appropriate. Staff finds the placement and number of proposed boulevard trees to be a better fit for a rural design and recommends approval. Bill Coffman, Applicant, stated he is here tonight on behalf of Shelly Wachman, the owner of the property for the past 20 years. Coffman indicated they concur with Staffs recommendations. Page 26 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Chair Leskinen opened the public hearing at 8:05 p.m. Carolyn Meyers stated she owns the property behind this new development. Meyers stated she has a concern because Bayside Meadows is above the wetlands and having fewer trees is not to the advantage of any kind of runoff or water absorption. There is now 1.65 acres that is now impermeable and that adding trees, not subtracting trees would be more advantageous since they would help absorb the water. Pat Thull, 210 North Shore Drive, stated she has a couple of issues. Thull indicated their property is located on the south side of the development and look down on the site. Thull stated when she was in attendance at the last meeting, the application was pretty much in place and that there were two acre lots being proposed, which is not really typical for this area. The area is more rural and consists of woods, waterways, and wetlands. Thull stated she does not have an objection to development of the property but that she would have had issue with the number of houses being built on the site. Thull stated the plan depicted a buffer along one area of trees and currently there is not a single tree in that buffer line. That issue was discussed in the last meeting and it was agreed that trees would be placed in that area. Thull stated the five trees being proposed are not adequate because it was agreed by the Planning Commission that the tree line in the buffer area should replicate the general current tree line and that it should be conducive to the natural environment and look of the area. The layout of the homes is not natural and appears odd looking. Thull stated the other issue deals with the wetland. The wetland was reclassified which allows for closer infringement in the wetland area and takes away from the natural environment. Thull stated removing additional trees does not make sense, does not retain the natural environment and that she would prefer to see more trees rather than fewer trees. Thull indicated she agrees with Caroline Meyers as it relates to the additional runoff going into the wetlands. Carol Pass, 235 North Arm Lane, stated their property is probably the one that is most impacted by this development. The whole southern and eastern border with the exception of one area is connected to their property. Pass indicated they created a conservation easement across their southern border of their Page 27 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. property in an effort to help maintain the wildlife and natural environment. Pass commented this area is an incredible area as it relates to the wildlife and that it should be preserved. Pass indicated she has had the DNR out to her property and that they have helped her with the conservation of the area. There are a number of deer, wood ducks, and unusual birds in the area that should be protected. Pass stated she has a concern with the fact that their property overlooks four large septic systems and there is no tree buffer. Pass stated she agrees with Pat Thull and that they both would like to see the natural character of the area preserved as much as possible. The septic systems are clustered around the creek. At times that area is filled with standing water. Pass stated they have worked hard to make this area a beautiful spot and to preserve it for generations to come. Pass stated she does not want to see a grassy lawn right next to the forested area and that she does not see any trees being proposed for that area at all. Pass stated she is unsure how to keep this area more natural looking and that at times it is overrun with off road vehicles and kids riding bicycles. In addition, there are a number of springs over the hillside. Pass indicated she made a Power Point presentation and played it for the Minnehaha Creek Watershed District because she was concerned about the flowage of water. The hydrology in this area is very intense and has taken out the back of their garage and house. Leskinen stated she appreciates the neighbors' comments but that she would like to point out that what is before the Planning Commission tonight is a proposal to reduce the number of boulevard trees. The other aspects of this development have already been approved by the City Council. What is now before the Planning Commission is simply a reduction of approximately 15 trees in the boulevard because there was a concern raised by the City Council that the new boulevard would look too contrived. Pass asked if there is any opportunity to discuss the elimination of the trees to the edge of the development. Curtis indicated that is not what the application relates to that is before the Planning Commission tonight. Leskinen reiterated the application relates only to the reduction of trees along the boulevard. Pass asked if the tree berm along the southern edge is a concern. Page 28 of 51 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Leskinen noted it is not part of this particular application but that it had been discussed prior under the original subdivision application. Landgraver stated this specific issue will go before the City Council and that the City Council might be the forum where the neighbors can express their concerns. Pass asked if there would be an opportunity to address these items of concern at the City Council. Pass noted the meeting at the City Council would not be a public hearing. Leskinen stated the public hearing for the items that are being raised tonight by the neighbors was already held several months ago and the application was approved by the City Council. Pass asked what she can do to raise these issues. Landgraver suggested she attend the City Council meeting and raise her concerns there. Curtis asked if she would like additional information on the plan that was approved. Curtis noted this plan relates to buckthorn removal and a reduction in landscape trees along the boulevard. Pass stated she heard there would be a reduction in trees and that she was unaware of where those trees would be removed. Curtis displayed an aerial photograph of the property. Additional trees were planted at the request of Mrs. Thull. As it relates to the southern end of the property, a conservation easement was created to protect the existing trees in that area. Additional trees were planted along the western lot line. Pass noted the property line is located in this area and that this is supposed to be woods. Curtis indicated this plan does not show those trees specifically since the plan is merely addressing the removal of buckthorn and the boulevard trees. Curtis reiterated there is a conservation easement along the southern edge of the property. Page 29 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Pass asked if those trees would be removed. Curtis stated there will be some trees removed to the extent the lot will be developed. Pass stated when she walked through that area, it appeared there were an awful lot of trees removed. Curtis indicated the green area depicts the conservation easement and that the trees in that area would remain. The hashed area depicts the area of the buckthorn removal. Curtis noted the applicants have an approved landscape plan and there were additional trees put there at the request of the property owner to the south. Lemke pointed out the four septic sites are optional and that there will only be two actual septic sites. Curtis stated there will be one septic site developed per lot and that the other one is an alternate site. Curtis stated those sites are merely suggested sites and that the developer had to show to the City that septic systems could be provided for each home. Curtis noted the septic sites could be put in a different location depending on the homeowner's preference. Pass asked whether the neighbors would be notified of any changes going forward. Curtis stated the application tonight is requesting a reduction in the boulevard trees. The plan relating to the subdivision has been completed and approved. Pass asked if the septic systems are changed, whether they would need to talk with the City Curtis stated if they meet the septic code standards and the city zoning requirements, they would not need to come back before the City. What the developer is showing with the preliminary plat is that they can develop lots that meet the City's requirements. The homes depicted on the plat are intended to show that a home of a reasonable size can meet the City's septic requirements, size requirements, and setback requirements. Page 30 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. Pass asked if the area around the wetland would be changed Curtis stated the wetland will not be touched. The setback, as determined by the Watershed District and the City, required the developer to grant the City easements protecting that area. In addition, the conservation easement also helps to protect the area. The developer will be conducting some buckthorn removal in that area but it does not allow him to clear-cut the area. Curtis pointed out the entire perimeter of the site has a conservation easement on it as well as a wetland buffer area. Brad Pass, 235 North Arm Lane, stated if the City is concerned about the contrived appearance of the boulevard and are considering cutting down a number of trees because the appearance might be contrived, they should consider the appearance of having a treeless area in the middle of a wooded area, which is what is contrived. Pat Thull stated she misunderstood what the purpose of tonight's meeting was because she did not have the background information relating to the application. Thull stated her understanding was that it related to a reduction in trees. Thull asked whether those trees could be relocated to another area. Leskinen noted what is at issue this evening is not trees that will be cut down but relates to how many trees the builder will be required to plant. Thull asked if 15 trees will not be planted along the boulevard, whether they can be relocated elsewhere. Leskinen stated the Planning Commission can discuss that option. Chair Leskinen closed the public hearing at 8:25 p.m. Schoenzeit stated based on what he has heard, the neighbors would prefer that the trees that are being proposed to not be planted along the boulevard be planted elsewhere on the site. Curtis noted the placement of the trees on the boulevard is land that is not considered private and that there would have to be some additional protections built in to assure that the tree that was planted by the developer in a different area will be sustained for two years. The trees would need to be placed in an area Page 31 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o'clock p.m. that the developer controls. Curtis stated she understands wanting to incorporate additional trees on the property but that it needs to be pointed out that an additional step would need to be taken if that happens. Lemke asked if there are supposed to be 42 trees. Curtis indicated the revised plan shows additional trees along Bayside Road. The circled areas depict the trees and the type of tree is listed on the lower right of the plan. Landgraver noted a number of the neighbors have expressed concerns about protecting the beauty of the area but that it sounds like the developer has taken those things into consideration. Landgraver noted the City Council has also weighed on this application. What the Planning Commission has before them tonight is responsive to the concern raised by the City Council that the boulevard area be made more natural looking. Landgraver moved, McGrann seconded, to approve Application #13-3630, Bill Coffman on behalf of Erwin Wachman, Bayside Meadows, granting of a reduction in the number of trees to be planted along the boulevard. VOTE: Ayes 7, Nays 0. #13-3631 LANDSOURCE, LLC, REPRESENTED BY TODD HOLMERS, VENUE, SUBDIVISION, 8:29 P.M. - 9:48 P.M. Todd Holmers, Applicant, anZ*SQQrge Stichney, Developer, Gaffron stated this is a request for a located on Northern Avenue. The property consists of 4.89 acres and is located ' e LR-IC, one ral ' lakeshore residential district, which requires one-half acre and 14 oot lot width. Gaffron stat a drawing that is on the overhead shows the lot sizes in the surrounds ighborhood. It the Dakota County Trail, Northern Avenue, and Togo Road. The property is pretty much by developed residential property. Page 32 of 51 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. hoenzeit stated at some point the property owner has to have some rights. The state has said t this typ of lot is sufficient to build on, which is different from the first two denials. Schwin r stated what is in front of the Planning Commission is a request for a sub did on and whether the subdivt ' n should be approved. Schoenzeit note would be a nonconforming subdivision since it requires 140 eel lot width and minimum one acre Nksize and by that definition it makes the agreement und,901 le. Thiesse noted the agreem t requires a subdivision application to be fit . Schwingler stated the Planning ommission has to deal with the fa as presented and cannot be drafting legislation or changing City Code. Gaffron stated if the Planning Commis is going to cons' r the idea that this lot is typical with the neighborhood, they should look at what th ctual lot siz are in the neighborhood. Gaffron noted the exhibits in the Planning Commission's packe ow all a lot combinations and that a 50-foot lot is not as common as the wider lots. Gaffron stated in / v' a 50-foot lot is not typical of what exists in the neighborhood. Stacy Alness stated there are 50-fo/the rest Lake at are being built on and that it is not just these lots in the area around their house. Gaffron stated the City experienceng of a dozen or lake homes every year, and those consist of people who have a houserty and have the ab ' to replace their existing house. Leskinen moved, Landgravyrlseconded, to recommend denial of App ' ation #13-3629, Ryan and Stacy Alness, 1169 North rm Drive, on the basis that a subdivision wo create a nonstandard lot which directly conflict ith the City's subdivision ordinances that are cu\fo lace. Landgraver asked at the next step in the process would be if the applicationnded for denial. Gaffron indicate he application would go before the City Council for reviewaction. the job of the Planning Commission is to make a recommendation bkd on the Code. ON THE ABOVE MOTION: Ayes 4, Nays 3, Lemke, McGrann, and Schoenzeit opposed. 8. #13-3630 BILL COFFMAN ON BEHALF OF ERWIN WACHMAN, BAYSIDE MEADOWS, 8:02 P.M. — 8:28 P.M. Bill Coffman, Applicant, was present. Curtis stated the Bayside Meadows subdivision received final plat approval in June of 2013. Upon final review by the City Council, the applicant was asked by the Council to consider a reduction in the number of proposed boulevard trees and to consider a more rural/natural placement in the spirit of the rurally zoned development. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the Page 17 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. new roadway every 40 feet. The result of such uniform spacing may appear to be contrived rather than a more natural variation. The road for the Bayside Meadows plat results in 2,270 linear feet of frontage requiring 57 trees. The approved plan reflects the code required number and placement of the boulevard trees. The applicant has provided a revised plan at the Council's suggestion reflecting a more thoughtful placement of 42 trees. Curtis noted this is not a variance request as noted on the agenda and more of a waiver of the requirement since the applicant was asked by the City Council to review this issue. The Code allows for the City Council to waive certain requirements as deemed appropriate. Staff finds the placement and number of proposed boulevard trees to be a better fit for a rural design and recommends approval. Bill Coffman, Applicant, stated he is here tonight on behalf of Shelly Wachman, the owner of the property for the past 20 years. Coffman indicated they concur with Staff s recommendations. Chair Leskinen opened the public hearing at 8:05 p.m Carolyn Meyers stated she owns the property behind this new development. Meyers stated she has a concern because Bayside Meadows is above the wetlands and having fewer trees is not to the advantage of any kind of runoff or water absorption. There is now 1.65 acres that is now impermeable and that adding trees, not subtracting trees would be more advantageous since they would help absorb the water. Pat Thull, 210 North Shore Drive, stated she has a couple of issues. Thull indicated their property is located on the south side of the development and look down on the site. Thull stated when she was in attendance at the last meeting, the application was pretty much in place and that there were two acre lots being proposed, which is not really typical for this area. The area is more rural and consists of woods, waterways, and wetlands. Thull stated she does not have an objection to development of the property but that she would have had issue with the number of houses being built on the site. Thull stated the plan depicted a buffer along one area of trees and currently there is not a single tree in that buffer line. That issue was discussed in the last meeting and it was agreed that trees would be placed in that area. Thull stated the five trees being proposed are not adequate because it was agreed by the Planning Commission that the tree line in the buffer area should replicate the general current tree line and that it should be conducive to the natural environment and look of the area. The layout of the homes is not natural and appears odd looking. Thull stated the other issue deals with the wetland. The wetland was reclassified which allows for closer infringement in the wetland area and takes away from the natural environment. Thull stated removing additional trees does not make sense, does not retain the natural environment and that she would prefer to see more trees rather than fewer trees. Thull indicated she agrees with Caroline Meyers as it relates to the additional runoff going into the wetlands. Carol Pass, 235 North Arm Lane, stated their property is probably the one that is most impacted by this development. The whole southern and eastern border with the exception of one area is connected to their property. Pass indicated they created a conservation easement across their southern border of their property in an effort to help maintain the wildlife and natural environment. Pass commented this area is Page 18 of 34 1 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. an incredible area as it relates to the wildlife and that it should be preserved. Pass indicated she has had the DNR out to her property and that they have helped her with the conservation of the area. There are a number of deer, wood ducks, and unusual birds in the area that should be protected. Pass stated she has a concern with the fact that their property overlooks four large septic systems and there is no tree buffer. Pass stated she agrees with Pat Thull and that they both would like to see the natural character of the area preserved as much as possible. The septic systems are clustered around the creek. At times that area is filled with standing water. Pass stated they have worked hard to make this area a beautiful spot and to preserve it for generations to come. Pass stated she does not want to see a grassy lawn right next to the forested area and that she does not see any trees being proposed for that area at all. Pass stated she is unsure how to keep this area more natural looking and that at times it is overrun with off road vehicles and kids riding bicycles. In addition, there are a number of springs over the hillside. Pass indicated she made a Power Point presentation and played it for the Minnehaha Creek Watershed District because she was concerned about the flowage of water. The hydrology in this area is very intense and has taken out the back of their garage and house. Leskinen stated she appreciates the neighbors' comments but that she would like to point out that what is before the Planning Commission tonight is a proposal to reduce the number of boulevard trees. The other aspects of this development have already been approved by the City Council. What is now before the Planning Commission is simply a reduction of approximately 15 trees in the boulevard because there was a concern raised by the City Council that the new boulevard would look too contrived. Pass asked if there is any opportunity to discuss the elimination of the trees to the edge of the development. Curtis indicated that is not what the application relates to that is before the Planning Commission tonight. Leskinen reiterated the application relates only to the reduction of trees along the boulevard. Pass asked if the tree berm along the southern edge is a concern. Leskinen noted it is not part of this particular application but that it had been discussed prior under the original subdivision application. Landgraver stated this specific issue will go before the City Council and that the City Council might be the forum where the neighbors can express their concerns. Pass asked if there would be an opportunity to address these items of concern at the City Council. Pass noted the meeting at the City Council would not be a public hearing. Leskinen stated the public hearing for the items that are being raised tonight by the neighbors was already held several months ago and the application was approved by the City Council. Pass asked what she can do to raise these issues. Landgraver suggested she attend the City Council meeting and raise her concerns there Page 19 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Curtis asked if she would like additional information on the plan that was approved. Curtis noted this plan relates to buckthorn removal and a reduction in landscape trees along the boulevard. Pass stated she heard there would be a reduction in trees and that she was unaware of where those trees would be removed. Curtis displayed an aerial photograph of the property. Additional trees were planted at the request of Mrs. Thull. As it relates to the southern end of the property, a conservation easement was created to protect the existing trees in that area. Additional trees were planted along the western lot line. Pass noted the property line is located in this area and that this is supposed to be woods. Curtis indicated this plan does not show those trees specifically since the plan is merely addressing the removal of buckthorn and the boulevard trees. Curtis reiterated there is a conservation easement along the southern edge of the property. Pass asked if those trees would be removed. Curtis stated there will be some trees removed to the extent the lot will be developed. Pass stated when she walked through that area, it appeared there were an awful lot of trees removed. Curtis indicated the green area depicts the conservation easement and that the trees in that area would remain. The hashed area depicts the area of the buckthorn removal. Curtis noted the applicants have an approved landscape plan and there were additional trees put there at the request of the property owner to the south. Lemke pointed out the four septic sites are optional and that there will only be two actual septic sites Curtis stated there will be one septic site developed per lot and that the other one is an alternate site. Curtis stated those sites are merely suggested sites and that the developer had to show to the City that septic systems could be provided for each home. Curtis noted the septic sites could be put in a different location depending on the homeowner's preference. Pass asked whether the neighbors would be notified of any changes going forward Curtis stated the application tonight is requesting a reduction in the boulevard trees. The plan relating to the subdivision has been completed and approved. Pass asked if the septic systems are changed, whether they would need to talk with the City. Curtis stated if they meet the septic code standards and the city zoning requirements, they would not need to come back before the City. What the developer is showing with the preliminary plat is that they can develop lots that meet the City's requirements. The homes depicted on the plat are intended to show that a home of a reasonable size can meet the City's septic requirements, size requirements, and setback requirements. Pass asked if the area around the wetland would be changed. Page 20 of 34 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2013 6:30 o'clock p.m. Curtis stated the wetland will not be touched. The setback, as determined by the Watershed District and the City, required the developer to grant the City easements protecting that area. In addition, the conservation easement also helps to protect the area. The developer will be conducting some buckthorn removal in that area but it does not allow him to clear-cut the area. Curtis pointed out the entire perimeter of the site has a conservation easement on it as well as a wetland buffer area. Brad Pass, 235 North Arm Lane, stated if the City is concerned about the contrived appearance of the boulevard and are considering cutting down a number of trees because the appearance might be contrived, they should consider the appearance of having a treeless area in the middle of a wooded area, which is what is contrived. Pat Thull stated she misunderstood what the purpose of tonight's meeting was because she did not have the background information relating to the application. Thull stated her understanding was that it related to a reduction in trees. Thull asked whether those trees could be relocated to another area. Leskinen noted what is at issue this evening is not trees that will be cut down but relates to how many trees the builder will be required to plant. Thull asked if 15 trees will not be planted along the boulevard, whether they can be relocated elsewhere. Leskinen stated the Planning Commission can discuss that option. Chair Leskinen closed the public hearing at 8:25 p.m. Schoenzeit stated based on what he has heard, the neighbors would prefer that the trees that are being proposed to not be planted along the boulevard be planted elsewhere on the site. Curtis noted the placement of the trees on the boulevard is land that is not considered private and that there would have to be some additional protections built in to assure that the tree that was planted by the developer in a different area will be sustained for two years. The trees would need to be placed in an area that the developer controls. Curtis stated she understands wanting to incorporate additional trees on the property but that it needs to be pointed out that an additional step would need to be taken if that happens. Lemke asked if there are supposed to be 42 trees. Curtis indicated the revised plan shows additional trees along Bayside Road. The circled areas depict the trees and the type of tree is listed on the lower right of the plan. Landgraver noted a number of the neighbors have expressed concerns about protecting the beauty of the area but that it sounds like the developer has taken those things into consideration. Landgraver noted the City Council has also weighed on this application. What the Planning Commission has before them tonight is responsive to the concern raised by the City Council that the boulevard area be made more natural looking. Landgraver moved, McGrann seconded, to approve Application #13-3630, Bill Coffman on behalf of Erwin Wachman, Bayside Meadows, granting of a reduction in the number of trees to be planted along the boulevard. VOTE: Ayes 7, Nays 0. Page 21 of 34 Affidavit of Publication State of Minnesota, County of Hennenpin. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. 13.) The printed .,2 which is attached was cut from the columns of said newspaper, and was printed and published once each week for I successive weeks: It was first published Saturday, the 3( day ft �2013 and was thereafter printed �j d published every Saturday, to and including Saturday, the 3 day of C—(.(_[,2013 , !i Authorized Agent Subscribed and worn to me on this day o��G420 13 Notar blic x NORMA R. CARSTENSEN • NOTARY PUBLIC-MINNESOTA f! My Comm. Exp. Jan. 31, 2014 Rate Information (1) Lowest classified rate paid by commercial users for com- parable space:$15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. Affidavit of Publication State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- NEER, Long Lake, Minnesota, and has full knowl- edge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. ✓J�% B.) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week for f successive weeks: It was first published Saturday, the 31 day of �i c-2013 , and was thereafter printe nd published every Saturday, to and including Saturday, the ( day of ��2��1�2013 , r r�f7 Authorized Agent Subscribed a sworn to m\e o this day 2013 Notary Public a NORMA R. CARSTENSEN NOTARY PUBLIC •MINNESOTA My Comm. Exp. Jan. 31, 2014 Rate Information (1) Lowest classified rate paid by commercial users for com- parable space:$15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.110 per inch. Each additional successive week: $5.40. �� mew — m xam 2r 'm' �f��n nmy,'oa `D wm �3 r away yo n 3 x c gags A mery= p1 'c� �m4y fo. 3m d_ Obi F [f" m i p n 2 N a S (V a 2 A A W 9 8 O m w-mamf"v3o tig.m?.m`?yoN 3.���`l'.y li� wq - c 'ars"'c, o O `3. 2 - y ._ c m y r7i �. o3m, m m N _ c O� 3!R. m vo rgo`R = d m'°az d s aMT, 3a-u. 2 ' o�zgaN c"acwmi m's. o ,^md _ aa� eoa ,mm.3 m _ -,o3si Z m�wam� 'o —d tom wa af�3A 3w _ :.a zr w �ymcmc — mon ��.a CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3630 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of September, 2013. Monica A. Fadness CITY OF ORONO PO BOX 66 CRYSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #13-3630 �ii'0 o ®e�01RJ 9-y R®NO di 045JB3075404 �' i a $0.33fl W c a O 09/O612013 - d Mailed From55323 , 7 38 06-117-23 22 0021 AMERICAN HOME MTG SERV INC 4875 HF.LFORT RD ".I xT= 322 DC 1 9809'a 22'r. 13 RETURN TO SENDER— NOT DE! TVFRARI F AS 3ADDRFSSE! 8C! 5532300666.6 0578-031 73-06-45 t e. ea t! an ut is et s e e aaau ea t i e a Itl°It1111er1s[ftell;�alltlsul1etle istl=eh,e _3 _t,aR"7te� 3aq 1 CITY OF ORONO 2750 Kelley Parkway, PO Box 66 Crystal Bay, MN 55323-0066 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 16, 2013 beginning at 6:30 p.m. on the matter of reviewing the following land use application: #13-3630 Bill Coffman on behalf of Ervin Wachman, Plat of Bayside Meadows (PIN 06-117-23-22-0018), RRAB zoning district requests approval ofavariance to allow reduction in the required number of boulevard flees and variation on the proposed tree spacing for a new suiadivision. All persons wishing to be heard are encouraged to attend these meetings. This i, mot a final agenda and is subject to change prior to the hearing. Written L ements are LaCCepted and should be submitted to the City of Orono by September 10, 2013 if possible. Interested persons may review the application at City offices. For an appointment, please call (952)_249.4620. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 16, 2013, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 13-3616 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for alternative energy systems. 13-3623 Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, LR-1 B zoning district, requests conditional use permit and hardcover variance approval in order to conduct land alterations on the property within 75 feet of Lake Minnetonka and construct a 6 foot wide lakeshore access stair resulting in 198 square feet of hardcover. 13-3627 Richard Etrheim & Rebecca Shabaz, 2216 Shadywood Road, LR-1C zoning district, request an average lakeshore setback variance in order to permit construction of an in -ground spa ahead of the average lakeshore setback. 13-3628 Thomas Potter on behalf of Rodney & Barbara Burwell, 1100 Millston Road, LR-1A zoning district, requests variances to allow construction of a second oversized accessory structure (a 26' x 64' detached garage) 25 feet from the side lot line where a 30 foot setback is required and only one oversized accessory structure is permitted. 13-3629 Ryan & Stacy Alness, 1169 North Arm Drive, LR-1 B zoning district, request approval of a subdivision to create two separate buildable lots where one lot currently exists by virtue of a Special Lot Combination Agreement. Subdivision approval includes variances for lot area and lot width as well as extinguishment of the Special Lot Combination Agreement. 13-3630 Bill Coffman on behalf of Ervin Wachman, Plat of Bayside Meadows (PIN 06-117- 23-22-0018), RR-1 B zoning district requests approval of a variance to allow reduction in the required number of boulevard trees and variation on the proposed tree spacing for a new subdivision. 13-3631 Landsource, LLC represented by Todd Holmers, 3700 Northern Avenue, LR-1C zoning district, requests approval of a subdivision to create six buildable lots where one lot currently exists. 13-3632 Dale Richardson, 4325 Chippewa Lane, RR-1 B zoning district, requests an after -the - fact setback variance to permit a deck to remain as constructed approximately 34 feet from the side lot line where a 50 foot setback is normally required. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 10, 2013 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on August 31, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office LdbeF LUOU15 Ab. useJM template Compatible with Avery® 51600 Template Feed Paper 3100-A, 3100-B, or 3100-C am 38 06-117-23 210005 38 06-117-23 22 0009 38 06-117-23 22 0011 PETER & SHARON RENNEBOHM ERIC P SIMS/ELIZABETH I SIMS IRVIN T & MARJORIE L GEFFRE 4565 BAYSIDE ROAD 4645 BAYSIDE RD 4665 BAYSIDE RD MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 MAPLE PLAINMN 55359 38 06-117-23 22 0012 38 06-117-23 22 0014 38 06-117-23 22 0017 CITY OF ORONO CITY OF ORONO IRVIN & MARJORIE GEFFRE PO BOX 66 PO BOX 66 4665 BAYSIDE RD CRYSTALBAYMN 55323 CRYSTALBAYMN 55323 MAPLEPLAINMN 55359 38 06-117-23 22 0018 38 06-117-23 22 0019 38 06-117-23 22 0020 ERVIN A WACHMAN JR EVAN R MELINE PETER MEYERS 2135 SALEM CT 4775 BAYSIDE RD CAROLYN MEYERS LONG LAKE MN 55356 MAPLE PLAIN MN 55359 P O BOX 157 MAPLE PLAINMN 55359 38 06-117-23 22 0021 38 06-117-23 22 0022 38 06-117-23 22 0023 AMERICAN HOME MTG SERV INC JAMES MORGAN & DEBRA PULFORD STEVEN D & JULIE A DZUBAY 4875 BELFORT RD 4725 BAYSIDE RD 150 NORTH SHORE DR W SUITE 130 MAPLE PLAINMN 55359 MAPLE PLAINMN 55359 JACKSONVILLE FL 32256 38 06-117-23 22 0024 38 06-117-23 22 0025 38 0& 117-23 23 0019 ERIN SULLIVAN JAMES MORGAN & DEBRA PULFORD JEFFREYPTHULL 180 NORTH SHORE DR W 4725 BAYSIDE RD PATRICIA E THULL MAPLE PLAIN MN 55359 MAPLE PLAINMN 55359 210 NORTH SHORE DR W MOUND MN 55364 38 06-117-23 23 0019 38 06-117-23 23 0021 38 06-117-23 24 0001 JEFFREY P THULL BRADLEYJPASS BRADLEYPASS PATRICIA E THULL 2536 I8TH AVE S 2536 I9TH AVE S 210 NORTH SHORE DR W MPLS MN 55404 MPLS MN 55404 MOUND MN 55364 38 31-118-23 33 0005 38 31-118-23 33 0007 38 31-118-23 33 0009 BRIDGETTE CUFF - ROSEMARY C IVERSEN PAINTERS CREEK HOMEOWNERS 4660 BAYSIDE RD 2835 CASCO POINT RD C/O SHANNON BURGER MAPLE PLAIN MN 55359 WAYZATA MN 553915359 165 LUCE LINE RIDGE ORONO MN 55359 38 31-118-23 33 0011 38 31-118-23 33 0014 38 31-118-23 33 0015 BRUCERLANGE MICHAEL D SLETTEN BPETER & CHRISTINE ACHEY P O BOX 48 4680 BAYSIDE RD 4720 BAYSIDE RD NEWKENT VA 23124 MAPLE PLAINMN 55359 MAPLE PLAIN MN 55359 38 31-119-23 340003 JOHN R HENDRICKSON 25 LUCE LINE RIDGE MAPLEPLAINMN 55359 RECEIVED `' JAN 2 3 2013 9 f ' CITY OF ORONO Etiquettes laser www.3M.ccml1abels Compatible avec le gabarit 5160®de AvervO 1-800-395-1.223 CITY OF ORONO VARIANCE APPLICATION Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received: Staff Fee: $ Renewal: 350 After -the -fact: $1,400 Double Fee Escrow Fee: $7001$2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: n WHA'�- , Property Identification Number (PIN): Date Property Acquired (month/year): Zoning District: Name: Mu Phone (home): Complete Address: City, State & ZIP Email: OWNER I Name: Phone (home): Complete Address: City, State & ZIP Email: ❑ Yes, I own the adjacent parcels. TION: (Complete legal names and marital status required for each interested party) and marital status required for each interested party) Phone Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Enclosed Not Applicable ❑ ❑ Escrow Agreement si ned ❑ ❑ Escrow received ❑ ❑ Pre -Application Form ❑ ❑ Application Form ❑ ❑ Practical Difficulties Documentation ❑ ❑ Certified Property Owners List ❑ ❑ Survey (meeting ALL requirements) ❑ ❑ Proposed Plans ❑ ❑ Hardcover Calculation(s) ❑ ❑ Septic System Site Evaluation Report ❑ ❑ Wetland Delineation ❑ ❑ Wetland Buffer Evaluation ❑ ❑ Buffer Improvement Plan ❑ ❑ APPLICANT AND/OR OWNER: Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant's Signature: Applicant's Signature: Owner's Signature: Owner's Signature: Date: Date: Date: Date: City of Orono Subdivision Application Street Address: Application# 2750 Kelley Parkway 4�N0 Orono, MN 55356 Date Received: Stab ! Main: 952-249-4600 Application Fee: far, 952-249-4616 Mailing Address. Escrow#&$ P.O. Box 66 nnaa Notes: PROPERTY INFORMATION: Property Identification Number (PIN): Ob l I-) 4L 3 c c c (Attach legal description to application if not included on the survey) Date Property Acquired (month/year): 64 i 1� 94 b _ Present use of property: 0 Residential, number of Units _ fg'KOther (specify) _ Zoning District: 712 - i & -b Atem0N 0 ❑ Abstract ;q Torrents (Please check one) APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name(s): 6WV/ry �.r.tcyMii-� Phone (home): 617 - ro 3 6 - 2 0$5 Phone (cell): OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name(s): 'SA-4c- AS Phone (home): Address: /{gov6 Phone (cell): Email: DD ro,7MC-T5 r Fax: &u- ircn' MFI1-+: b;tic o•I`•%wrnMeA.C.•' NoLSiAB EXISTING LAND USE: Number of Tax Parcels: ( / 'a++o� 5�4�@ S'A k—f Development Size: /3.b l Acres Dry Land Acres Wet Land Acres TOTAL, all parcels PROPOSED LAND USE: El Division for Tax Purposes ❑ Lot Line Rearrangement Only (no new building sites) ❑ Subdivision for New Building Sites O Number of Building Sites: Existing Units: New Units: ti Total Units: 5- Proposed Gross Density `i Units per 111• Z 7- acres = ®• i/ v�A C Minimum Lot Size: 07 I.1 t4 Square feet dry buildable land ,,,,,,������,,,,,,rrrrrr,����,,� Proposed Use (check) r esidential // Cl Other (specify) Minimum Material Required for Complete Preliminary Plat Application f . Payment of fees 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4, Certified Property Owners list 5. A list of any other persons you wish notified of this Subdivision Packet Last Updated: 04101/M13 Minimum Material Required for a Complete Final Plat Application I- Payment of fees 2. Signed certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement S. Letter of Credit Page 11 of24 Co N`� RECEIVED APPLICATION FEES: (Planning & Zoning Coordinator to [Xj those which apply) Apnlication Base Fees: Cost Total Sketch Plan Review Class I, II & 111 $350* Subdivision Application Class I & I or Lot Line Rearrangement) $700* Preliminary Plat Review, plus $30/lot Class III & all non-residential) $850* Final Plat Review $700* Renewal of Subdivision Approval (Class 1, 11 & III or Lot Line Rearrangement) No Chan a from Od inalApproval $350* Application Escrow Class I, It & III and Lot Line Rearrangement) No Public Improvements $2,500 A lication Escrow Class I, II &III and Lot Line Rearrangement) with Public Improvements $10,000 Park Fees (to be determined per Section 82-227 As incurred *plus, Engineering & Legal Review SherJal Imnrnvement Fees_ Cost Total Pro osed Private Roads, plus $.50/lineal foot $650* + Proposed Public Roads, plus $.50/1ineal foot $950* + Request for Cityto AcceptExistingPrivate Road $950* Request for Cit to maintain unimproved public road $225 Proposed SanitarySewer Main Extension, plus $251stub $275* + Proposed Watermain Extension, lus $25/stub $275` + Proposed Storm Sewer System (excludingculverts $250* On -site System, Site Evaluation Review (applicable to rural subdivision $60/ er lot x$60 -plus, Engineering & Legai Review s nnirr�tinn F.. r MiarcllannnnC Fooc Cost Total Variance $700* Vacation of Public Road $100 per benefiting property $700 minimum pera 1 Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Application No fee Escrow for Vacations and Easements $700 PRD Application with Subdivision $35/dwellin unit x$35 Appeal of Administrative Decision $50 *plus, Engineering & Legal Review Agree to provide all information required or requested by the Planning Department Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request Applicant and/or Owner acknowledge they must bq present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to vour oroiect. I % Owner's Sigr Applicant's Signature-y Applicant's Signature: Subdivision Packet Last Updated: 04/0112013 page 12 of 24 Date Date RECEIVED PC notes 091613 Item Description: #13-3630— Bill Coffman on behalf of Ervin Wachman —Bayside Meadows Waiver of Boulevard Landscape Requirements & Road Name Assignment Public Hearing Application Summary The Bayside Meadows subdivision received final plat approval in June 2013. Upon final review by the City Council the applicant was asked by the Council to consider a reduction in the number of proposed boulevard trees and to consider a more rural/natural placement in the spirit of the rurally zoned development. City Code Section 82-226(b)(1) directs developers to plant one shade tree along the new roadway every 40 feet. The result of such uniform spacing may appear to be contrived rather than a more natural variation. The road for the Bayside Meadows plat results in 2,270 linear feet of frontage requiring 57 trees. The approved plan reflects the code -required number and placement of the boulevard trees. The applicant has provided a revised plan which is attached as Exhibit A reflecting a more thoughtful placement of 42 trees. Additionally, the developer has proposed Bayside Trail as the name of the road within the development. The City Council shall review and approve the road name. Planning Staff Recommendation Per the City Council's suggestion the applicants have submitted a revised boulevard landscape plan. The City's consulting engineer has reviewed and approved the plan. The Code allows for the City Council to waive certain requirements as deemed appropriate. Staff finds the placement and number of proposed boulevard trees to be a better fit for a rural design and recommends approval. The Planning Commission should review the revised landscape plan and consider a recommendation for approval. The City Council will consider the road name request with the landscape plan approval. ake lvt GJ Awty w i Ll l�-v 6-1 ' ��1ti w� ��J � i S� � ✓iLi�� CGi.� I (tea sS - l--( 1 --0 f�?O� ,� ..,< ., . T+: 4 �. ..y gyp. - R � jaf�j� a4 � t w. 't�1- j1 L � !'� i �� .7 F� n � yR��r* '" � . � �.4� 1'1 :.� `i � -! � � •.. '. ��. � ti �,,,� K, a '' � . '�` IF �. � T .� '��-er�`r { � 7 -r. }mot. •.��.i Y ' ` .� r 4• � f ' �y • � ��`�} �i, �� r y v'i:`�: �� . o '_' .,,' - r ': ls�a/.34iibe��iA'i, k9i.t:=.'ih]il�:i:. �s5 � � • ��' � � _. Melanie Curtis From: Melanie Curtis Sent: Tuesday, September 10, 2013 3:14 PM To: 'Dzubay, Julie A.' Subject: RE: Written comment on Bayside Meadows subdivision - deadline for submission 9/10/2013 Attachments: Bayside_Meadows.proposal. doc[1].docx Hi Julie Thanks for your email. I can include these comments in the packet for Planning Commission for the current application you would like. However, the current application (#13-3630) is regarding a request to allow fewer trees than the code requirement for boulevard trees along the newly created roadway. I note that your attached comments seem focused on the subdivision approval... I do want to let you know that the subdivision received final approval in June and has been recorded with the County. It is complete and the timeframe to submit effective comments relating to the subdivision has passed. They should be starting work out there this fall. Please advise regarding whom you would like me to forward your comments to — Planning Commission? City Council? Other Staff? Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtisAci.orono.mn.us Website: www.ci.orono.mn.us From: Dzubay, Julie A.[mailto:jadzubay(cbintegratelecom.com] Sent: Tuesday, September 10, 2013 2:44 PM To: Melanie Curtis Subject: Written comment on Bayside Meadows subdivision - deadline for submission 9/10/2013 Hi Melanie — attached are written comments regarding the Bayside Meadows project. Today is the deadline and I won't be able to stop in and drop this off in time so is there an email address or fax number I can use to submit this? Or could you forward to the appropriate recipient for me? Thanks so much! Julie Dzubay 150 North Shore Drive Orono, MN 55359 Melanie Curtis From: Coffman, William D [billcoffman@cbburnet.com] Sent: Friday, August 16, 2013 2:41 PM To: Melanie Curtis Cc: 'MICHELLE JEUB' Subject: Revised Landscape Plan Attachments: Letter to City.pdf, Bayside Meadows Landscape Plan S1 130725.pdf Importance: High Hi Melanie, Attached please find a letter of request and our revised landscaping/tree plan for Bayside Meadows. It would be great if you could figure out how to approve this administratively, but we are willing to go back to Planning Commission and Council if need be. Let me know. Thanks, Cell 612-202-0692 1 Fax 952-473-3932 Email billcoffman@cbburnet.com CBB 1 201 East Lake Street I Wayzata, MN 55391-1695 Website www.wdcoffman.com •0 Bill Coffman: Experienced. Resourceful. BURNET Decisive. CBSURNET.com Real estate consultant. The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's company is not liable for any loss or damage arising in any way from this message or its attachments. Nothing in this email shall be deemed to create a binding contract to purchase/sell real estate. The sender of this email does not have the authority to bind a buyer or seller to a contract via written or verbal communications including, but not limited to, email communications. COFFMAN DEVELOPM�EVY SERW ES August 16, 2013 Melanie Curtis City of Orono PO Box 66 Orono, MN 55323 RE: Bayside Meadows Dear Melanie, On Behalf of the owners Ery and Shelly Wachman, we would like to submit for review the attached revised Landscaping/Tree Plan for Bayside Meadows. As you recall, the City Council requested we revise and lesson the number of trees to be planted and reconfigure in a more "rustic" fashion in keeping with the rural nature of the site. We believe our landscape architect did so with the attached. Please advise on how we should proceed to have this plan approved by the city as we would like to install the new trees yet this fall. Thanks very much, William D. Co Jr. President COFFMAN DEVELOPMENT SERVICES, INC. 15070 AMUN HILL IANE EDEN PRAIRIE, MN 55347 PHONE: 612.202.0692 OWNER: i �/� /' / /,b _ OWNER: 1' �� T -/ - BRADLEY PASS PID#y 06117Z3210006 / / _ "' PID,y-0611723240001 - _ BUCKTHORN��-�! REMOVAL ---- - - - - SEE SHEET2 ���i i. D ♦ d i:' Z� C�- '� cOi_- '� _ Nr � iENTRY fL o i PLANTING BED - ( d = SEE SHEET 3 t, 3 7��— w V A\ �1 7 +..-f O In �� A 1 I I '\. 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NOFY NORBYB ASSOCES GkND NDSCAPECAPEARCHITECTS. R HITECT R SERVE Y.LD BASSOCIATESAUSER n.w..-� m Mry y Landscape Architects, Inc. ORONO, � TOW DATE ..- _-- _- .._ _ _.__FORDAHTTOHOLOSSELLESULTIN .INC. THE RIGHT TO ANY OUARTY LEGALLY.INC.REBERVEB w I' MINNESOTA BAYSIDE MEADOWS 01-23-13 _ _ _ _ _ _ _ _ _ _ _ FROMILRPARNTEUSE.YREBPoNBIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITIMATE USE. ___ �� --"' -""" I W Eul SxonE SIree1 CM1eska. NN 55318 (952J )61-06J4 3