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HomeMy WebLinkAboutHoney HIll Pre Plat Res 7490CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THE PLAT OF HONEY HILL ON LAKE CLASSEN FILE NO. LA24-000030 WHEREAS, Aspect Design Build LLC, (hereinafter the "Developer") has an interest in the following properties: • 3465 611 Avenue North (PID 29-118-23-43-0011); • 3515 6th Avenue North PID 29-118-23-43-0002); Lot 2, Block 1, Craddock Ledstrom Estates (PID 29-118-23-44-0004); • Outlot C, Craddock Ledstrom Estates (PID 29-118-23-44-0006); and 0 That Part of Craddock Ledstrom Estates, Outlot A embraced within the Plat of Rocky Knoll (PID 29-118-23-43-0013); Legally described as Attached as Exhibit A (hereinafter the "Property"); WHEREAS on May 22, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into six (6) buildable lots and a private road outlot; and WHEREAS, on June 17, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on July 8, 2024, the City Council reviewed the application, the recommendations of the Planning Commission and City staff, and made the following findings: FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA24-000030. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above - mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is guided in the 2020-2040 Community Management Plan for single-family residential use, specified as Rural Residential which allows 1 unit per 2 acres. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A3. The Property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum of 2.0 acres and 200 feet of width. A4. The Property contains 17.25 acres in area. A5. The proposal would create six buildable lots; calculated at 0.34 units per acre. The proposed density is well below the comp plan density guidance of 0.5 units per acre. As proposed, the lot sizes are as follows: i. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. ii. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. iii. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. iv. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. v. Lot 5: 2.0 total acres; contains a small wetland shared with Lot 6. vi. Lot 6: 2.0 total acres; contains a very, small wetland shared with Lot 5. A6. The Property is not located within the MUSA and will be served by private on -site septic systems and private water supply wells. A7. The Property is within the Stormwater Quality Overlay District which restricts overall hardcover. Following Final Plat approval, the methodology outlined within City Code Section 78-1701 will be applied to assign each property to the appropriate protection tier. A8. The existing access to the Property is proposed to be upgraded and platted as a private road outlot with a cul-de-sac off of Sixth Avenue North (CSAH 6), a public street. A9. The Developer has prepared grading plans to manage stormwater on -site without negatively impacting adjacent parcels. A10. The Developer has proposed a master grading plan that includes the establishment of building pads on each of the lots to establish a new engineered grade for building height determination. A11. No variances have been requested. The development of the vacant lots will be required to meet all zoning standards. Al2. As a prerequisite to Final Plat approval, the City requires a proportionate share of the land being developed to be conveyed to the City or dedicated to the public, for use as parks, playgrounds, trails, or open space. For residentially zoned land, a dedication of 0.10 acres per additional residential household being developed is required. In instances where a cash contribution is to be made by the developer, in place of a conveyance or dedication of land, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 the cash contribution shall be equivalent to the fair market value of the land to be dedicated. The determination of the fair market value of the undeveloped land by the city assessor, city council, or designated appraisers shall be determined at the time of final approval. Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication fee. For residential density of 3 units per acre or less a cap of 4 percent of the predeveloped value is applied. The 2020-2040 Comprehensive Plan does not specify the need for a neighborhood park or trail at this location. A park dedication of land instead would be appropriate according to the City Ordinance. A13. The Developer has submitted a Conservation Design Master Plan (CDMP) prepared by Anderson Engineering which inventories and describes the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. According to the CDMP, the plan includes integrating the existing natural environment to minimize negative impacts on the current rural character. Landscaping and planting along the northern boundary of the Property will be utilized to preserve the positive and natural viewsheds identified along CSAH 6. The development will not impact the natural viewshed of Lake Classen, regardless of travel direction (east or west) along CSAH 6. The CDMP concluded that the project would not have a significant impact on natural resources, nor would it negatively impact the existing rural character of the location. CONCLUSIONS ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into 6 building lots, one private road outlot, and one outlot to be deeded to the neighbors to the east for their private driveway purposes. The preliminary plat (attached as Exhibit B) together with the stormwater grading plan will establish building pad elevations, drainage swales, and stormwater basins. Preliminary Plat approval is subject to the following conditions: 61. Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 132. Approval is subject to Hennepin County approval of the proposed private road location, right-of-way dedication, and permits as required. Final Plat approval shall not be granted CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 until the Developer has provided evidence that all required Hennepin County permits have been obtained. B3. The Developer shall address the applicable general engineering comments and/or conditions provided by the City Engineer in a memo dated June 19, 2024, attached hereto as Exhibit C with the final development plan submittal. B4. The development shall adhere to the conditions within the Anderson Engineering Conservation Design Master Plan. B5. The erosion control plan shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. B6. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. The Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. B7. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the Minnesota State Historic Preservation Office (SHPO) before proceeding. B8. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B9. Easements Required. 1. Drainage and Utility Easements shall be dedicated to the public on the final plat 10, along all exterior property lines, and 5' on either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. 2. A Drainage and Utility easement shall be dedicated to the public on the plat over stormwater pond areas, drainageways, and stormwater facilities. 3. A Drainage Easement shall be granted over wetlands and wetland buffers on the Property. B10. Development Fees: Stormwater and Drainage Trunk Fee: The property will be subject to the 2024 Stormwater and Drainage Trunk Fee of $8,060.00 per new lot. Three new lots are proposed, therefore $8,060 x 3 = $24,180.00. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e ' ej B11. Park Dedication Fee: The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City's current 2024 Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County's assessment of the predeveloped land value. Based on the 2024 Fee Schedule, the Park Dedication Fee will be due for 3 new lots, in the amount of $22,481.74. B12. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions before Final Plat approval, to ensure that the proposed plat will accomplish the intended purposes: 1. Final grading, drainage, and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 2. Final Landscape Plan which shall include planting plans with tree calculations. 3. Final Stormwater Management Plan. 4. Final stormwater pollution prevention plan (SWPPP). 5. Sufficient detail to meet the recommendations of the City Engineer. B13. Council approval is based on the entire record and the above Findings. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. This approval does not limit the City from revising or amending these conditions as the review process continues. B14. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (July 8, 2025). FINAL SUBMITTALS: The Developer shall complete all requirements for Final Plat Approval and all final submittals must be submitted to the Planning Department at least four (4) weeks before the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: C1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Advance Surveying & Engineering Co., dated May 21, 2024, attached hereto as Exhibit B, except as modified herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines, and over the stormwater pond, ditches, and facilities. c. Dedication of "Drainage Easements" over the wetlands, wetland buffers, and drainageways. d. Name of the plat. C2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Developer to ensure the completion of site improvements. The Developer shall provide Itemized construction estimates for all development improvements. The City Engineer shall review the estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, driveways, and stormwater management facility construction, and the Developer shall provide a financial guarantee in an amount equal to 125% of the improvement costs to the City. C3. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders, or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. The City Engineer shall establish the amount to be provided in the Letter of Credit. d. Signed Developers Agreement and Letter of Credit for construction of improvements. e. A Drainage and Utility Easement shall be granted over the entirety of the private road outlot. f. Access easements shall be provided over the private road outlot benefitting proposed Lots 1 through 6. No driveway access will be permitted directly onto CSAH 6. g. Signed Covenant to Protect Drainfield Sites. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL C4. Plat approval fees to be paid: Total due: $47,211.74 a. Final Plat fee: $550.00. b. Park Dedication Fee: $22,481.74. c. Stormwater and Drainage Trunk Fee: $24,180.00. d. Final Plat Application Escrow: $2,500.00 C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C6.According to the provisions of City Code Section 82-116, this Preliminary Plat approval shall be effective for one year, until July 8, 2025. Failure to file a complete final plat application within this period shall be construed as a formal withdrawal of the proposed plat and the terms and conditions of this resolution shall be null and void. ATTEST: ADOPTED by the Orono City Council on this 8th day of July, 2024. CITY OF ORONO: z z �Ik%30' - Chri tine Vsian, Ofty Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THE PLAT OF HONEY HILL ON LAKE CLASSEN FILE NO. LA24-000030 WHEREAS, Aspect Design Build LLC, (hereinafter the "Developer") has an interest in the following properties: • 3465 611 Avenue North (PID 29-118-23-43-0011); • 3515 6th Avenue North PID 29-118-23-43-0002); Lot 2, Block 1, Craddock Ledstrom Estates (PID 29-118-23-44-0004); • Outlot C, Craddock Ledstrom Estates (PID 29-118-23-44-0006); and 0 That Part of Craddock Ledstrom Estates, Outlot A embraced within the Plat of Rocky Knoll (PID 29-118-23-43-0013); Legally described as Attached as Exhibit A (hereinafter the "Property"); WHEREAS on May 22, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into six (6) buildable lots and a private road outlot; and WHEREAS, on June 17, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on July 8, 2024, the City Council reviewed the application, the recommendations of the Planning Commission and City staff, and made the following findings: FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA24-000030. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above - mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is guided in the 2020-2040 Community Management Plan for single-family residential use, specified as Rural Residential which allows 1 unit per 2 acres. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A3. The Property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum of 2.0 acres and 200 feet of width. A4. The Property contains 17.25 acres in area. A5. The proposal would create six buildable lots; calculated at 0.34 units per acre. The proposed density is well below the comp plan density guidance of 0.5 units per acre. As proposed, the lot sizes are as follows: i. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. ii. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. iii. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. iv. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. v. Lot 5: 2.0 total acres; contains a small wetland shared with Lot 6. vi. Lot 6: 2.0 total acres; contains a very, small wetland shared with Lot 5. A6. The Property is not located within the MUSA and will be served by private on -site septic systems and private water supply wells. A7. The Property is within the Stormwater Quality Overlay District which restricts overall hardcover. Following Final Plat approval, the methodology outlined within City Code Section 78-1701 will be applied to assign each property to the appropriate protection tier. A8. The existing access to the Property is proposed to be upgraded and platted as a private road outlot with a cul-de-sac off of Sixth Avenue North (CSAH 6), a public street. A9. The Developer has prepared grading plans to manage stormwater on -site without negatively impacting adjacent parcels. A10. The Developer has proposed a master grading plan that includes the establishment of building pads on each of the lots to establish a new engineered grade for building height determination. A11. No variances have been requested. The development of the vacant lots will be required to meet all zoning standards. Al2. As a prerequisite to Final Plat approval, the City requires a proportionate share of the land being developed to be conveyed to the City or dedicated to the public, for use as parks, playgrounds, trails, or open space. For residentially zoned land, a dedication of 0.10 acres per additional residential household being developed is required. In instances where a cash contribution is to be made by the developer, in place of a conveyance or dedication of land, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 the cash contribution shall be equivalent to the fair market value of the land to be dedicated. The determination of the fair market value of the undeveloped land by the city assessor, city council, or designated appraisers shall be determined at the time of final approval. Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication fee. For residential density of 3 units per acre or less a cap of 4 percent of the predeveloped value is applied. The 2020-2040 Comprehensive Plan does not specify the need for a neighborhood park or trail at this location. A park dedication of land instead would be appropriate according to the City Ordinance. A13. The Developer has submitted a Conservation Design Master Plan (CDMP) prepared by Anderson Engineering which inventories and describes the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. According to the CDMP, the plan includes integrating the existing natural environment to minimize negative impacts on the current rural character. Landscaping and planting along the northern boundary of the Property will be utilized to preserve the positive and natural viewsheds identified along CSAH 6. The development will not impact the natural viewshed of Lake Classen, regardless of travel direction (east or west) along CSAH 6. The CDMP concluded that the project would not have a significant impact on natural resources, nor would it negatively impact the existing rural character of the location. CONCLUSIONS ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into 6 building lots, one private road outlot, and one outlot to be deeded to the neighbors to the east for their private driveway purposes. The preliminary plat (attached as Exhibit B) together with the stormwater grading plan will establish building pad elevations, drainage swales, and stormwater basins. Preliminary Plat approval is subject to the following conditions: 61. Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 132. Approval is subject to Hennepin County approval of the proposed private road location, right-of-way dedication, and permits as required. Final Plat approval shall not be granted CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 until the Developer has provided evidence that all required Hennepin County permits have been obtained. B3. The Developer shall address the applicable general engineering comments and/or conditions provided by the City Engineer in a memo dated June 19, 2024, attached hereto as Exhibit C with the final development plan submittal. B4. The development shall adhere to the conditions within the Anderson Engineering Conservation Design Master Plan. B5. The erosion control plan shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. B6. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. The Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. B7. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the Minnesota State Historic Preservation Office (SHPO) before proceeding. B8. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B9. Easements Required. 1. Drainage and Utility Easements shall be dedicated to the public on the final plat 10, along all exterior property lines, and 5' on either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. 2. A Drainage and Utility easement shall be dedicated to the public on the plat over stormwater pond areas, drainageways, and stormwater facilities. 3. A Drainage Easement shall be granted over wetlands and wetland buffers on the Property. B10. Development Fees: Stormwater and Drainage Trunk Fee: The property will be subject to the 2024 Stormwater and Drainage Trunk Fee of $8,060.00 per new lot. Three new lots are proposed, therefore $8,060 x 3 = $24,180.00. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e ' ej B11. Park Dedication Fee: The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City's current 2024 Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County's assessment of the predeveloped land value. Based on the 2024 Fee Schedule, the Park Dedication Fee will be due for 3 new lots, in the amount of $22,481.74. B12. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions before Final Plat approval, to ensure that the proposed plat will accomplish the intended purposes: 1. Final grading, drainage, and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 2. Final Landscape Plan which shall include planting plans with tree calculations. 3. Final Stormwater Management Plan. 4. Final stormwater pollution prevention plan (SWPPP). 5. Sufficient detail to meet the recommendations of the City Engineer. B13. Council approval is based on the entire record and the above Findings. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. This approval does not limit the City from revising or amending these conditions as the review process continues. B14. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (July 8, 2025). FINAL SUBMITTALS: The Developer shall complete all requirements for Final Plat Approval and all final submittals must be submitted to the Planning Department at least four (4) weeks before the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: C1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Advance Surveying & Engineering Co., dated May 21, 2024, attached hereto as Exhibit B, except as modified herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines, and over the stormwater pond, ditches, and facilities. c. Dedication of "Drainage Easements" over the wetlands, wetland buffers, and drainageways. d. Name of the plat. C2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Developer to ensure the completion of site improvements. The Developer shall provide Itemized construction estimates for all development improvements. The City Engineer shall review the estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, driveways, and stormwater management facility construction, and the Developer shall provide a financial guarantee in an amount equal to 125% of the improvement costs to the City. C3. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders, or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. The City Engineer shall establish the amount to be provided in the Letter of Credit. d. Signed Developers Agreement and Letter of Credit for construction of improvements. e. A Drainage and Utility Easement shall be granted over the entirety of the private road outlot. f. Access easements shall be provided over the private road outlot benefitting proposed Lots 1 through 6. No driveway access will be permitted directly onto CSAH 6. g. Signed Covenant to Protect Drainfield Sites. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL C4. Plat approval fees to be paid: Total due: $47,211.74 a. Final Plat fee: $550.00. b. Park Dedication Fee: $22,481.74. c. Stormwater and Drainage Trunk Fee: $24,180.00. d. Final Plat Application Escrow: $2,500.00 C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C6.According to the provisions of City Code Section 82-116, this Preliminary Plat approval shall be effective for one year, until July 8, 2025. Failure to file a complete final plat application within this period shall be construed as a formal withdrawal of the proposed plat and the terms and conditions of this resolution shall be null and void. ATTEST: ADOPTED by the Orono City Council on this 8th day of July, 2024. CITY OF ORONO: z z �Ik%30' - Chri tine Vsian, Ofty Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THE PLAT OF HONEY HILL ON LAKE CLASSEN FILE NO. LA24-000030 WHEREAS, Aspect Design Build LLC, (hereinafter the "Developer") has an interest in the following properties: • 3465 611 Avenue North (PID 29-118-23-43-0011); • 3515 6th Avenue North PID 29-118-23-43-0002); Lot 2, Block 1, Craddock Ledstrom Estates (PID 29-118-23-44-0004); • Outlot C, Craddock Ledstrom Estates (PID 29-118-23-44-0006); and 0 That Part of Craddock Ledstrom Estates, Outlot A embraced within the Plat of Rocky Knoll (PID 29-118-23-43-0013); Legally described as Attached as Exhibit A (hereinafter the "Property"); WHEREAS on May 22, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into six (6) buildable lots and a private road outlot; and WHEREAS, on June 17, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on July 8, 2024, the City Council reviewed the application, the recommendations of the Planning Commission and City staff, and made the following findings: FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA24-000030. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above - mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is guided in the 2020-2040 Community Management Plan for single-family residential use, specified as Rural Residential which allows 1 unit per 2 acres. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A3. The Property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum of 2.0 acres and 200 feet of width. A4. The Property contains 17.25 acres in area. A5. The proposal would create six buildable lots; calculated at 0.34 units per acre. The proposed density is well below the comp plan density guidance of 0.5 units per acre. As proposed, the lot sizes are as follows: i. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. ii. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. iii. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. iv. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. v. Lot 5: 2.0 total acres; contains a small wetland shared with Lot 6. vi. Lot 6: 2.0 total acres; contains a very, small wetland shared with Lot 5. A6. The Property is not located within the MUSA and will be served by private on -site septic systems and private water supply wells. A7. The Property is within the Stormwater Quality Overlay District which restricts overall hardcover. Following Final Plat approval, the methodology outlined within City Code Section 78-1701 will be applied to assign each property to the appropriate protection tier. A8. The existing access to the Property is proposed to be upgraded and platted as a private road outlot with a cul-de-sac off of Sixth Avenue North (CSAH 6), a public street. A9. The Developer has prepared grading plans to manage stormwater on -site without negatively impacting adjacent parcels. A10. The Developer has proposed a master grading plan that includes the establishment of building pads on each of the lots to establish a new engineered grade for building height determination. A11. No variances have been requested. The development of the vacant lots will be required to meet all zoning standards. Al2. As a prerequisite to Final Plat approval, the City requires a proportionate share of the land being developed to be conveyed to the City or dedicated to the public, for use as parks, playgrounds, trails, or open space. For residentially zoned land, a dedication of 0.10 acres per additional residential household being developed is required. In instances where a cash contribution is to be made by the developer, in place of a conveyance or dedication of land, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 the cash contribution shall be equivalent to the fair market value of the land to be dedicated. The determination of the fair market value of the undeveloped land by the city assessor, city council, or designated appraisers shall be determined at the time of final approval. Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication fee. For residential density of 3 units per acre or less a cap of 4 percent of the predeveloped value is applied. The 2020-2040 Comprehensive Plan does not specify the need for a neighborhood park or trail at this location. A park dedication of land instead would be appropriate according to the City Ordinance. A13. The Developer has submitted a Conservation Design Master Plan (CDMP) prepared by Anderson Engineering which inventories and describes the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. According to the CDMP, the plan includes integrating the existing natural environment to minimize negative impacts on the current rural character. Landscaping and planting along the northern boundary of the Property will be utilized to preserve the positive and natural viewsheds identified along CSAH 6. The development will not impact the natural viewshed of Lake Classen, regardless of travel direction (east or west) along CSAH 6. The CDMP concluded that the project would not have a significant impact on natural resources, nor would it negatively impact the existing rural character of the location. CONCLUSIONS ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into 6 building lots, one private road outlot, and one outlot to be deeded to the neighbors to the east for their private driveway purposes. The preliminary plat (attached as Exhibit B) together with the stormwater grading plan will establish building pad elevations, drainage swales, and stormwater basins. Preliminary Plat approval is subject to the following conditions: 61. Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 132. Approval is subject to Hennepin County approval of the proposed private road location, right-of-way dedication, and permits as required. Final Plat approval shall not be granted CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 until the Developer has provided evidence that all required Hennepin County permits have been obtained. B3. The Developer shall address the applicable general engineering comments and/or conditions provided by the City Engineer in a memo dated June 19, 2024, attached hereto as Exhibit C with the final development plan submittal. B4. The development shall adhere to the conditions within the Anderson Engineering Conservation Design Master Plan. B5. The erosion control plan shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. B6. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. The Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. B7. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the Minnesota State Historic Preservation Office (SHPO) before proceeding. B8. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B9. Easements Required. 1. Drainage and Utility Easements shall be dedicated to the public on the final plat 10, along all exterior property lines, and 5' on either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. 2. A Drainage and Utility easement shall be dedicated to the public on the plat over stormwater pond areas, drainageways, and stormwater facilities. 3. A Drainage Easement shall be granted over wetlands and wetland buffers on the Property. B10. Development Fees: Stormwater and Drainage Trunk Fee: The property will be subject to the 2024 Stormwater and Drainage Trunk Fee of $8,060.00 per new lot. Three new lots are proposed, therefore $8,060 x 3 = $24,180.00. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e ' ej B11. Park Dedication Fee: The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City's current 2024 Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County's assessment of the predeveloped land value. Based on the 2024 Fee Schedule, the Park Dedication Fee will be due for 3 new lots, in the amount of $22,481.74. B12. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions before Final Plat approval, to ensure that the proposed plat will accomplish the intended purposes: 1. Final grading, drainage, and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 2. Final Landscape Plan which shall include planting plans with tree calculations. 3. Final Stormwater Management Plan. 4. Final stormwater pollution prevention plan (SWPPP). 5. Sufficient detail to meet the recommendations of the City Engineer. B13. Council approval is based on the entire record and the above Findings. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. This approval does not limit the City from revising or amending these conditions as the review process continues. B14. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (July 8, 2025). FINAL SUBMITTALS: The Developer shall complete all requirements for Final Plat Approval and all final submittals must be submitted to the Planning Department at least four (4) weeks before the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: C1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Advance Surveying & Engineering Co., dated May 21, 2024, attached hereto as Exhibit B, except as modified herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines, and over the stormwater pond, ditches, and facilities. c. Dedication of "Drainage Easements" over the wetlands, wetland buffers, and drainageways. d. Name of the plat. C2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Developer to ensure the completion of site improvements. The Developer shall provide Itemized construction estimates for all development improvements. The City Engineer shall review the estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, driveways, and stormwater management facility construction, and the Developer shall provide a financial guarantee in an amount equal to 125% of the improvement costs to the City. C3. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders, or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. The City Engineer shall establish the amount to be provided in the Letter of Credit. d. Signed Developers Agreement and Letter of Credit for construction of improvements. e. A Drainage and Utility Easement shall be granted over the entirety of the private road outlot. f. Access easements shall be provided over the private road outlot benefitting proposed Lots 1 through 6. No driveway access will be permitted directly onto CSAH 6. g. Signed Covenant to Protect Drainfield Sites. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL C4. Plat approval fees to be paid: Total due: $47,211.74 a. Final Plat fee: $550.00. b. Park Dedication Fee: $22,481.74. c. Stormwater and Drainage Trunk Fee: $24,180.00. d. Final Plat Application Escrow: $2,500.00 C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C6.According to the provisions of City Code Section 82-116, this Preliminary Plat approval shall be effective for one year, until July 8, 2025. Failure to file a complete final plat application within this period shall be construed as a formal withdrawal of the proposed plat and the terms and conditions of this resolution shall be null and void. ATTEST: ADOPTED by the Orono City Council on this 8th day of July, 2024. CITY OF ORONO: z z �Ik%30' - Chri tine Vsian, Ofty Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THE PLAT OF HONEY HILL ON LAKE CLASSEN FILE NO. LA24-000030 WHEREAS, Aspect Design Build LLC, (hereinafter the "Developer") has an interest in the following properties: • 3465 611 Avenue North (PID 29-118-23-43-0011); • 3515 6th Avenue North PID 29-118-23-43-0002); Lot 2, Block 1, Craddock Ledstrom Estates (PID 29-118-23-44-0004); • Outlot C, Craddock Ledstrom Estates (PID 29-118-23-44-0006); and 0 That Part of Craddock Ledstrom Estates, Outlot A embraced within the Plat of Rocky Knoll (PID 29-118-23-43-0013); Legally described as Attached as Exhibit A (hereinafter the "Property"); WHEREAS on May 22, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into six (6) buildable lots and a private road outlot; and WHEREAS, on June 17, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on July 8, 2024, the City Council reviewed the application, the recommendations of the Planning Commission and City staff, and made the following findings: FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA24-000030. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above - mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is guided in the 2020-2040 Community Management Plan for single-family residential use, specified as Rural Residential which allows 1 unit per 2 acres. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 A3. The Property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum of 2.0 acres and 200 feet of width. A4. The Property contains 17.25 acres in area. A5. The proposal would create six buildable lots; calculated at 0.34 units per acre. The proposed density is well below the comp plan density guidance of 0.5 units per acre. As proposed, the lot sizes are as follows: i. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. ii. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. iii. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. iv. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. v. Lot 5: 2.0 total acres; contains a small wetland shared with Lot 6. vi. Lot 6: 2.0 total acres; contains a very, small wetland shared with Lot 5. A6. The Property is not located within the MUSA and will be served by private on -site septic systems and private water supply wells. A7. The Property is within the Stormwater Quality Overlay District which restricts overall hardcover. Following Final Plat approval, the methodology outlined within City Code Section 78-1701 will be applied to assign each property to the appropriate protection tier. A8. The existing access to the Property is proposed to be upgraded and platted as a private road outlot with a cul-de-sac off of Sixth Avenue North (CSAH 6), a public street. A9. The Developer has prepared grading plans to manage stormwater on -site without negatively impacting adjacent parcels. A10. The Developer has proposed a master grading plan that includes the establishment of building pads on each of the lots to establish a new engineered grade for building height determination. A11. No variances have been requested. The development of the vacant lots will be required to meet all zoning standards. Al2. As a prerequisite to Final Plat approval, the City requires a proportionate share of the land being developed to be conveyed to the City or dedicated to the public, for use as parks, playgrounds, trails, or open space. For residentially zoned land, a dedication of 0.10 acres per additional residential household being developed is required. In instances where a cash contribution is to be made by the developer, in place of a conveyance or dedication of land, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 the cash contribution shall be equivalent to the fair market value of the land to be dedicated. The determination of the fair market value of the undeveloped land by the city assessor, city council, or designated appraisers shall be determined at the time of final approval. Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication fee. For residential density of 3 units per acre or less a cap of 4 percent of the predeveloped value is applied. The 2020-2040 Comprehensive Plan does not specify the need for a neighborhood park or trail at this location. A park dedication of land instead would be appropriate according to the City Ordinance. A13. The Developer has submitted a Conservation Design Master Plan (CDMP) prepared by Anderson Engineering which inventories and describes the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. According to the CDMP, the plan includes integrating the existing natural environment to minimize negative impacts on the current rural character. Landscaping and planting along the northern boundary of the Property will be utilized to preserve the positive and natural viewsheds identified along CSAH 6. The development will not impact the natural viewshed of Lake Classen, regardless of travel direction (east or west) along CSAH 6. The CDMP concluded that the project would not have a significant impact on natural resources, nor would it negatively impact the existing rural character of the location. CONCLUSIONS ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into 6 building lots, one private road outlot, and one outlot to be deeded to the neighbors to the east for their private driveway purposes. The preliminary plat (attached as Exhibit B) together with the stormwater grading plan will establish building pad elevations, drainage swales, and stormwater basins. Preliminary Plat approval is subject to the following conditions: 61. Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 132. Approval is subject to Hennepin County approval of the proposed private road location, right-of-way dedication, and permits as required. Final Plat approval shall not be granted CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 until the Developer has provided evidence that all required Hennepin County permits have been obtained. B3. The Developer shall address the applicable general engineering comments and/or conditions provided by the City Engineer in a memo dated June 19, 2024, attached hereto as Exhibit C with the final development plan submittal. B4. The development shall adhere to the conditions within the Anderson Engineering Conservation Design Master Plan. B5. The erosion control plan shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. B6. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. The Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. B7. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the Minnesota State Historic Preservation Office (SHPO) before proceeding. B8. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B9. Easements Required. 1. Drainage and Utility Easements shall be dedicated to the public on the final plat 10, along all exterior property lines, and 5' on either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. 2. A Drainage and Utility easement shall be dedicated to the public on the plat over stormwater pond areas, drainageways, and stormwater facilities. 3. A Drainage Easement shall be granted over wetlands and wetland buffers on the Property. B10. Development Fees: Stormwater and Drainage Trunk Fee: The property will be subject to the 2024 Stormwater and Drainage Trunk Fee of $8,060.00 per new lot. Three new lots are proposed, therefore $8,060 x 3 = $24,180.00. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e ' ej B11. Park Dedication Fee: The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City's current 2024 Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County's assessment of the predeveloped land value. Based on the 2024 Fee Schedule, the Park Dedication Fee will be due for 3 new lots, in the amount of $22,481.74. B12. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions before Final Plat approval, to ensure that the proposed plat will accomplish the intended purposes: 1. Final grading, drainage, and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 2. Final Landscape Plan which shall include planting plans with tree calculations. 3. Final Stormwater Management Plan. 4. Final stormwater pollution prevention plan (SWPPP). 5. Sufficient detail to meet the recommendations of the City Engineer. B13. Council approval is based on the entire record and the above Findings. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. This approval does not limit the City from revising or amending these conditions as the review process continues. B14. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (July 8, 2025). FINAL SUBMITTALS: The Developer shall complete all requirements for Final Plat Approval and all final submittals must be submitted to the Planning Department at least four (4) weeks before the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: C1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Advance Surveying & Engineering Co., dated May 21, 2024, attached hereto as Exhibit B, except as modified herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7490 b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines, and over the stormwater pond, ditches, and facilities. c. Dedication of "Drainage Easements" over the wetlands, wetland buffers, and drainageways. d. Name of the plat. C2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Developer to ensure the completion of site improvements. The Developer shall provide Itemized construction estimates for all development improvements. The City Engineer shall review the estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, driveways, and stormwater management facility construction, and the Developer shall provide a financial guarantee in an amount equal to 125% of the improvement costs to the City. C3. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders, or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. The City Engineer shall establish the amount to be provided in the Letter of Credit. d. Signed Developers Agreement and Letter of Credit for construction of improvements. e. A Drainage and Utility Easement shall be granted over the entirety of the private road outlot. f. Access easements shall be provided over the private road outlot benefitting proposed Lots 1 through 6. No driveway access will be permitted directly onto CSAH 6. g. Signed Covenant to Protect Drainfield Sites. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL C4. Plat approval fees to be paid: Total due: $47,211.74 a. Final Plat fee: $550.00. b. Park Dedication Fee: $22,481.74. c. Stormwater and Drainage Trunk Fee: $24,180.00. d. Final Plat Application Escrow: $2,500.00 C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C6.According to the provisions of City Code Section 82-116, this Preliminary Plat approval shall be effective for one year, until July 8, 2025. Failure to file a complete final plat application within this period shall be construed as a formal withdrawal of the proposed plat and the terms and conditions of this resolution shall be null and void. ATTEST: ADOPTED by the Orono City Council on this 8th day of July, 2024. CITY OF ORONO: z z �Ik%30' - Chri tine Vsian, Ofty Clerk Dennis Walsh, Mayor