HomeMy WebLinkAboutResolution 1404 ./ � '
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d C�t� o� ORONO -
� RESOLUTION OF THE CITY COUNCIL .
� NO. _ ��ljlf ° �
� - � � GRANTING PRELIMINARY APPROVAL FOR A
CONDITIONAL USE, VARIANCE AND PLAT TO
SCHLEE BUILDERS, INC. FOR REVISED
APPLICATION #585
' 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 has adopted
subdivision regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, Schlee Builders,� Inc. has three times applied to the
City for approval of various subdivision proposals, for the same property,
to wit:
1) Application #447 for 24 units, planned residential development,
initiated November 30, 1978, preliminarily approved August 14,
1979, expired without submittal of final platting documents.
� 2) Application #585 for 24 units, planned residential development,
initiated October 7, 198G, preliminarily approved July 13,
_ 1981, set aside by Schlee Builders for application #671,
and thereafter reactivated as of May 24, 1982 . This
application is the subject of this resolution.
3) Application #671 for 48 units, planned residential development,
initiated January 8, 1982, withdrawn by applicant on May 24, .
. 1982.
WHEREAS, upon formal withdrawl of application #671 on May 24,'�"�` .
19,82, Schlee Builders, Inc. requested �the City in writing to again proceed
with review and approval of the prior application #58•5; and
WHEREAS, in response to this request and in consideration of ,
the new information discovered during review of application #671, the .', .
City Council on June 14, 1982, adopted Resolution #1389, the findings,:,�
terms and �conditions of which are hereby adopted by reference as if
fully setout herein, which resolution in part:
1) Agreed to reoperi review of application #585 without .
requiring the formality of a new application.
2) Extended any prior deadline for submitting to the City
a final plat or amended preliminary plat. �
� 3) Did not commit to reapproval of the same subdivision
` layout or density as originally received preliminary
approval on July 13, 1981; and
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� RESOLUTION OF THE CITY COUNCIL .
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� EREAS, subsequent to adoption of Resolution #1389, the
City 'a��gain reviewed application #585 in detail, to wit:
1) Mailed notification to all adjacent and nearby neighbors
of the reactivated proposal, and received neighborhood
comments at the following meetings:
a) City Council public information meeting of July 12, 1982.
b) Planning Commission public meeting of July 19, 1982.
c) City Council public information meeting of August 9,
� 1982.
d) Notification of City Council agenda for meeting of
August 23, 1982.
2) Planning Commission review and conditional approval of
revised application #585 at their Ju1y 19, 1982, meeting.
• 3) Park Commission review and recommendations for revised
application #585 at their August 4, 1982, meeting.
4) Application documents and comments made by the applicant,
including the original plan layout of application #585
and the revised plan dated July 19, 1982.
5) City.'staff reports prepared for each of the above meetings
as prepared by the City Planne•r, Public Works Coordinator,
Po�.ice Chief and City Engineer, and including reports and
comments of Hennepin County Department of Transportation
regarding traffic and access onto County Road 15.
NOW, THEREFORE, BE IT RESOLVED, that based upon the above
comments, reports and information, the City Council of the City of Orono
hereby makes the following findings of fact concerning this application:
1) The Schlee property included in application #585 is tax
parcel P.I .D. 17-117-23 ` 34 0010, legally described
as:
A.?.� o� La� 4, excep� �he we�s�e�c�y 6 bee,t, and xl�.ct,t na�r,t os
Lo.t 5, de�sch,i.6ed ah �o.�2ow3: Cammenc,i,ng ct,t a po�,wt on �he
�a�� .Zi.ne a� �cu:d Lo� 5 a di�s�ance o� 495 bee,t Nonth o� �h..e
�sou,thecu� canne�c. �heJr.eo�; .t'hence UIe�� 132 �e2t; �hence
Sou,th 495 �ee,t; �henee Gl�s� �a �he �ou,thwe�� eofcneh.•�hetceo�;
•; �her2ce Nan.th �o �he nar,thwe�� conne�c o� �same; �henee Fa��
�� �a �dte no�hears� earcne�c �he�r.eob; .�hence bou,th �0 6eg.inn,ing,
a.2� �,n �.��efz 9, Tawna,i.te o� Langdon PanFt, acconcli,ng �o �he
p2a,t �4�e�ceo{� on �-i.e.e on o� necar.d �,n xhe o5��.ce o� .the Reg-i�s.telc.
v� Dced� �.�. and �an �scu.d CauvLty. .
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� RESOLUTION OF THE CITY COUNCIL .
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2) The Schlee property is in the LR-1C-1 zoning district.
3) Application #585 is for creation of 24 residential lots
to be used for construction of 12 attached twin-homes,
a total of 24 single family dwelling units, according
to a street and lot layout plan generally indicated by
the sketch attached to this resolution as Exhibit A.
4) The application is for a Planned Residential Development .
(PRD) pursuant to Section 34.621 of the Orono Zoning
Code.
5) The application includes a request for a nominal lot
density variance from the provisions of Section 34 .621. .
The maximum density for an LR-1C-1 PRD is 3.00 units �
per acre. The gross area density. including the area of
street rights of way is 2.59 units per acre, but the �
net area density excluding rights of way is approximately
• 3 .07unitsper net acre.
6) Except for -the nominal, density variance request, the 24
unit proposal conforms to all other zoning and platting
, code performance standards for an LR-1C-1 PRD development,
including:
a) Net dry land density at 3. 07units/dry buildable
acre is less than the 4.00 units/dr.y acre maximum
governed by Section 37.015. .
� b) Net density of this proposal is approximately '
25i less than the net developed clensity of the
adjacent Navarre He�ights neighborhood.
c) Municipal sanitary sewer capacity is avail.able,
provided the sewer flow is directed north to
lift station #5 instead of south to lift station '
#6.
d) Total developed .hardcover in the project will be
about 18i which is less than the maximum 35�
permitted by Section 34.202 and 34.621 (d) . �
e) Enclosed, off-street parking will be provided as
� � required by Section 34.621 (g) .
f) All dwelling units will be attached pursuant to '
the provisions of Section 34.621 (c) .
Pac�e 3 of. 17
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g) All structures will conform to standard LR-1C
single family lot-line setback requirements.
h) Site drainage will conform to Minnehaha Creek
Watershed District and City floodplain management
requirements . �
i) Public park land will be dedicated and developed
in conformance with Section 39. 170.
j ) All lots abutt a (proposed) publ.ic street and will
be served by public sewer and water.
k) This proposal conforms to the requirements of
Section 38. 600 regarding Planned Residential
Developme.nts.
� 1) This proposal conforms to the platting review and
improvement requirements of the platting code,
Chapter 39.
7) The requested density variance is required in part because of
the necessity to grant extra right of way width for both
Blaine Avenue and for County Road 15 on the perimeter•s of
this plat, because of the necessity to extend Livingston
Avenue to the western edge of the Schlee property to serve
adjacent land-locked areas in the future, and because of
the necessity of extending Lyric Avenue into the plat to
_ reduce traffic concentrations along Livingston Avenue.
Denial of this density variance would result in the .
elimination of not one but two of the proposed dwelling
� units because of the duplex design of the homes in
accordance with Section 34.621 (c) . . Granting of this
variance would not materially add to the hardcover or
traffic in the plat, and because of the street layout
designed to benefit the existing neighborhood, may in
fact reduce adverse traffic conditions within the existing
neighborhood. Finally', a similar density variance for a greater
3. 14 units per net acre was originally granted with
preliminary plat approval of application #447 on August 14,
1979, which was for a similar 24 unit proposal.
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� RESOLUTION OF THE CITY COUNCIL .
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eighborhood residents are justly concerned about increased
traffic in and through their neighborhood. The intent �
of the City Council is to accommodate any new traffic
flow in the safest manner possible, with the least adverse
effect on the immediate neighborhood, and on the public
generally.
9) The existing neighborhood has existing traffic problems
caused by:
a) IVarrow streets, especially Blaine Avenue and �
Navarre Lane.
b) Poor intersections, especially Blaine at Crystal
Place, Crystal Place at Shadywood, Lyric at
. Navarre Avenue and Blaine at County Road 15.
c) Excess through traffic on Northern Avenue and
• Crystal Place, especially during plant shift
changes in Spring Park.
d) Heavy traffic flows and too many unplanned or
marginal intersections and curb cuts on County
Road 15: '
10) There is no point within this proposed plat where a good
intersection onto County Road 15 can be developed. The „
best available location has less desireable sight distance
characteristics than does the Blaine Avenue intersection � �
according to Hennepin County Department of Transportation
and City staff reports.
11) Traffic forecasts indicate about 70-80i of the new trips
generated by this development wi11 eventually travel
east of Navarre on County Road 15. There are three
recommended routes for this traffic:
a) A new intersection on County. Road 15 west of
this property.
b) Improved intersection on County Road l.5 at
Blaine Avenue, with Blaine Avenue widened
between Crystal Place and County Road 15.
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c) Use of the existing signalized inter'section at
County Road 19 and 15. The best route from the
proposed development to this intersection is via
Livingston Avenue because Livingston is wider than
Crystal Place or Lyric, because Livingston has
the best intersection with County Road 19, and
because Lyric and Crystal Place each have poor
intersections within the existing neighborhood.
12) The applicant ' s revised #585 plan dated July 19, 1982,
indicated a single plat access by extension of Livingston •
Avenue as was reviewed and recommended durinq review of
• application #671. Some :zeighborhood residents •
continued to complain of this design as unriecessiarily
concentrating traffic on Livingston Avenue. These
residents suggested also .extending Lyric Avenue into
the plat as shown on attached Exhibit A. Extension
of Lyric Avenue as a through street in lieu of the cul
• de sac shown on the July 19, 1982, pl'an does disperse
the traffic better, allows easier mainteriance by the
City, and improves public safety access by allowing
alternative routes. This design is also recommended .
by staff as tending to increase use of improved Blaine
Avenue without overly burdening existing Lyric Avenue.
13) The proposed traffic pattern (extending both Livingston
and Lyric Avenues into the proposed development, widening ,
Blaine Avenue and improving the Blaine - County Road 15
intersection; and providing for a future western loop •
to County Road 15) is designed to disperse the new
traffic as much as possible, is designed to improve
some of the existing neighborhood traffic problems and
is designed to utilize the best locations for access to
County Road 15. ,
14) The proposed traffic pattern including widening of Blaine
Avenue and improvement of Blaine - County Road 15
intersection, has been recommended by Hennepin County
Department of Transportation and the City staff reports
as being the best of several solutions available. There
will be traffic increases in the existing neighborhood,
but the traffic analysis concludes that the new traffic
will be compatible with traffic expected in any residential
� neighborhood, and will not overload the existing roadway.
No widening or other physical changes� to Livingston or
Lyric Avenues is recommended at this time.
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RESOLUTION OF THE CITY COUNCIL
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AND BE IT FURTHERMORE RESOLVED that based upon the foregoing
� findings of fact, the City Council of the City of Orono hereby grants
preliminary approval for a Planned Residential Development Conditional
Use Permit pursuant to Section 34. 621, for a net area. den�ity variance
to Section 35. 621, and for a preliminary pTat for revised application
#585 for the Schlee Builders, Inc. proposed plat of "Navarro" ac�ording
to attached Exhibit A, subject to the following terms and conditions :
1) A PLANNED RESIDENTIAL DEVELOPMENT CONDITIONAL USE PERMIT
� is hereby preliminarily approved. because the Council
finds that this proposal conforms to the intent of the
LR-1C-1 PRD zoning provisions, that this, proposal conforms •
to the guidelines and alternative housing provisions
of the Comprehensive Community Management Plan,. and. that
this proposal, subject to the conditions set .out herein,
would not be detrimental to. the public health, safety or �
welfare,, nor would it adversely affect properties or
improvements in the vicinity. '
• 2) A VARIANCE from the .net area density requirements of
Section 34. 621 is. hereby preliminarily approved because ,
the Council finds that •the gross area density conforms to
the requirements of Section 34..621, and because the Council
finds a certain hardship exists wherein additional street
rights of way have been required. for reasons of general
public health and safety, which extra right of way has
reduced the net plat area and thereby increased the net
plat density to a nominal fraction over the otherwise
allowable amount.
� 3) PRELIMINARY PLAT APPROVAL, subject to a11 the conditions '
contained herein, is hereby� preliminarily approved because '
the Council finds conformance to aIl the substantive and •
procedural requirements of the platting and aoning codes
of the City.
4) MAXIMUM DENSITY shall be 24 single fami].y dwelling units
arranged in 12 attached single fami�y twin-homes.
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� RESOLUTION OF THE CITY COUNCIL ._
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5) SUBDIVISION DESIGN AND LAYOUT shall be similar to that
shown on Exhibit A attached to this resolution, with
exact lot layout and internal street alignment to be
determined by consultation between City staff and the �
applicant during development of the final plat drawings:
a) STREETS. There shall be no direct street connection
to County Road 15. Livingston Avenue sha11 be �
extended to the west boundary of this property. '
Lyric Avenue shall be extended into this property
to an intersection with extended Livingston Avenue.
b) LOTS. There shall be 24 .individual platted lots,
one for each single family dwelling unit, arranged
in 12 pairs for the 12 attached twin-homes : Lot
widths shall be as uniform and as large as practical.
A maximum of four lots may front on Blaine Avenue
with all other. lots fronting on internal streets.
• c) OUTLOT A. An area similar to "Outlot A" as ix�dicated
on Exhibit A shall be reserved and platted by the
developer, to be deeded to the City .and/or directly
to the abutting property owner at no cost for
purposes of combination with said adjoining property
as compensation for the street right� of way to be
taken from said. property, which right of way is
necessary to allow widening of Blaine Avenue and
extension of Lyric Avenue, which� street projects
are in turn a mandatory requirement for allowing
the PRD and proposed. density and development of the
Schlee property.
d) PARK. An area similar to the "Park" as indicated
on Exhibit A shall be platted and dedicated to the
City for park purposes.
, e) DRAINAGE. The approved plan is contingent upon use
of the adjacent Tonka Corporation marsh area for
all plat run-off retention. Therefore, the applicant
shall obtain at no cost to the City a flowage and
drainage easement over the designated floodplain
on the adjacent, Tonka property, described
as all of the marsh area below elevation 936 MSL,
� which easement •shall be granted to the City and
shall be written in a form acceptable to ,the City
Attorney. �
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Q� RESOLUTION OF THE CITY COUNCIL .
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6) FI L PLAT DRAWINGS shall be prepared by the applicant
according to the design and layout indicated above and
shall be submitted to the City in the form of two (2)
full size mylar platsplus two (2) mylar plats reduced
to a scale of 1" = 200 ' . Plat drawings to incl.ude:
a) STREETS platted and dedicated 50 ft wide. Street
names shall be "Livingston Avenue" and "Lyric Avenue" ,
as extended.
b) RIGHT-OF-WAY dedication along the plat perimeter;
20 ft wide along Blaine Avenue and 7 ft wide along
County Road 15.
c) DRATNAGE AND UTILITY EASEMENTS platted and dedicated
along al•l �lot lines as follows :
. 1) 10 foot wide along all streets and plat
perimeter (except omit on east perimeter
• of Outlot A) .
2) 5 foot wide each side of all internal side
or rear lot lines .
3) Width as determined by City Engineer along
any storm sewer, sanitary sewer, or watermain
line which may be located other than within
a dedicated street right of way.
7) A DEVELOPERS AGREEMENT shall be prepared by the City
Attorney and shall be agreed to and executed by the
applicant prior to final plat approval, prior to the
start of any construction within the plat, and/or
prior to the City Council � ordering the proposed public
improvement project serving this plat, whichever occurs
first. The Developers Agreement shall provide for the
following:
a) INTERNAL IMPROVEMENTS TO BE INSTALLED BY THE APPLICANT,
as folZows:
1) General site grading and individual lot
preparation, including rough grading of _
streets within the plat. Grading shall
• be coordinated with the City Engineer ' s
final street design plans and shall include
. erosion control measures to meet MCWD requirements.
A grading permit shall be obtained from the City
staff, after preliminary plat approval and prior
to the start of any earth moving. �
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d Clt� o� ORONO
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Q� RESOLUTION OF THE CITY COUNCIL .
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� _ � � ) "Park" improvements including grading, sodding
or� seeding, trees or other landscaping and
playground equipment, all to be done in accordance
with plans approved by the City Park Commission
and Public Works Coordinator.
3) Gas, electric and telephone utility services,
. all of which shall be underground.
4) Any si�dewalk, pathway or landscaping improvements
as may be proposed by the applicant.
• 5) Any street lighting improvements as may be proposed
by the applicant, subject to the design approval
of the City Engineer and Public Works Coordinator.
6) A timetable establishing completion deadlines for
. all applicant-installed improvements, especially
those improv.ements such as grading and utility
installation that directly affect the proposed '
• public improvement project. '
b) PETITION FOR PUBLIC IMPROVEMENTS. The e�ecuted
Developer's_ Agreement shall.� include a formal petition
by the applicant for the City to install the following
improvements as a public project,' the costs of which
will thereafter be assessed against the Schlee property:
, 1) Internal streets, except rough grading, to be .
30 ft wide. face to face with surmountable concrete
curb and gutter, paved to 5-ton speci£ications.
2) Blaine Avenue widening and repaving from Crystal �
Place to County Road 15, including Lyric Avenue
� extension to the east property line of the Schlee
property, including easements .
3) Sanitary sewer trunk line construction from the
intersection of Blaine Avenue and Lyric Avenue
to lift station #5 on Togo Road, including
easements.
4) Internal sanitary sewer lines and service stubs.
5) 6"� internal watermain and service stubs, including
a loop connection to Blaine Avenue at both
• Livingston and Lyric Avenues, plus a future .
connection to the west under Livingston Avenue.
Hydrants to be located and installed according
to fire depa�tment recommendations.
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6) Each lot will have individual sewer and water �
service stubs (two each per twin-home) .
7) Internal storm sewer system as . required to
service this project in conformance with City
and MCWD requirements, designed to empty into
adjacent marsh on the Tonka property, including
any physical structure or change required at the
marsh outlet. The existing storm sewer entering
the Schlee property along future Lyrie Avenue
will be extended as part of this project. All
�subject to drainage easements over the marsh
. � to be obtained from Tonka by Schlee. .
8) Miscellaneous traffic or street signing,
boulevard improvements, erosion control or
similar work related to the above listed �
• improvements.
. 9) The cost of all o� -the above improvements shall
be 100% assessed against the Schlee property,
except for (#2) . Blaine Avenue and (#3) Sanitary
Sewer Trunk line projects which shall be partially
assessed against the Schlee property.
c) ASSESSMENT AGREEMENT AND APPEAL WAZVER. The executed
Developer's Agreement shall include formal agreement
by the applicant to the City ' s assessment formula
and proposed assessment roll for those public improvements
listed in (b) above, and an agreement to waive any
and all rights of appeal from such assessment as
may otherwise exist pursuant to Minnesota Statutes
Chapter 429 . Final determination of the assessment
formula and the actual costs to be assessed shall
be determined by the City Council after receipt of
bids on the .project, ,after which the Developer 's
Agreement shall be completed and signed�by the
applicant, which in turn shall occur before the
City orders-in the project.
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� RESOLUTION OF THE CITY COUNCIL .
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d) PERFORMANCE BOND, ASSESSMENT BOND, AND LETTER OF
CREDIT. The Developer ' s Agreement sha11 include
provisions for the applicant to provide bonds
and/or letters of credit to. assure that �the '
applicant's work is done according to the approved
plans and according to schedule, and to �assure
payment .of the assessments, proposed to be levied
against the Schlee property for the pub.lic improvements
listed above.
e) SPECIAL CONDITIONS. _The Developer 's Agreement shall
include the following special conditions: �
1) No construction ,.traffic shall be permitted on
Crystal Pla.ce, existing Livi:ngston. Avenue or
existing I,yric Avenue. Al 1 construction traffic
sha11 use Blaine Avenue or directly enter the
� Schlee property from County Road 15 at the old �
Theater access if suitable traffic flagging is
provided therefore. The appli.cant sha11 be
held responsible for informing and educating
all contractors, subcontractors. and suppliers,
for en£orcing said traffic limitation and for �
repair of any damage caused by any violation of
� this condition. Temporary signs may be used
provided they are approved by the Public Works
Coordinator.
2) Individual lots shall be developed and improved
. according to FHA lot improvement. specifications,
, including sodding, seeding and tree or shrubbery
planting.
3) Each dwelling unit shall be designed to include
a double-attached garage (four stalls per twin-home) .
4) No individual lot variances shal]. be allowed for
setback (minimum 30 foot front, 10 foot side,
. 30 foot rear) , ` hardcover (maximum 35� individual
lot coverage including house, driveway, patio
� or deck) or any other zoning performance standard
as applied .to construction on any individual lot,
except for the zero-lot-line shared party wall
� construction of the attached twin-homes contemplated �
. by the approved PRD design.
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Q� RESOLUTION OF THE CITY COUNCIL ..
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5) There shall be no accessory buildings, sheds
or fences higher than 42" permitted on any lot,
which restriction shall be written into the
homeowner's association/covenants of this property.
6) No building permits sha.11 be .issued until after
final plat approval and recording.
7) Building permits may be issued for the two
buildings (four dwelling units) fronting on
Blaine Avenue at any time after final plat
approval.
8) Building permits for construc�ion on any internal
lot will not be issued until the proposed streets
are improved sufficient to �11ow a7.1.-weather vehicle
access to the lot.
• • 9) No certificates of occupancy will be issued for ,
� any dwelling, except for the four dwelling units
fronting �on Blaine Avenue, until Blaine Avenue
improvement is physically completed, and/or until
the sanitary sewer and water main services are also
completed and. ready for use.�
10) Model home signage and promotion, if any, shall be
limited to typical residential "for-sale" signs
unless special approval is first 'obtained from the
City Council. �
.. 11) Copies of all proposed homeowner's association,
grounds maintenance� and/or party-wa7.l agreements,
covenants or bylaws shall be filed with the City
prior to final plat approval.
12) The applicant shall file with the City Attorney a
current title opinion addressed to the City for the
property indicating all owners of record, including
mortgage holders or others with property interest,
all of .whom shall sign the Developer' s Agreement,
the final plat drawings, and any other documents
related to this subdivision. •
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� RESOLUTION OF THE CITY COUNCIL ,_
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8) FINAL SUBDIVISION REVIEW FEES shall be paid by the applicant
prior to final plat approval, as follows:
a) The developer will pay the City' s actual costs for
� plat review and improvement design and construction
pursuant to Section 32. 652. Engineering and legal
costs including the cost of the Zmprovement project
� feasibility study ordered by Resolution #1390, will
be included in the improvement costs to be assessed
if the project proceeds, or if the project does not
proceed, �will be directly billed to and be payable .
by the applicant together with any additional
administrative costs in excess of the review fees
already paid.
� , �b) The applicant shall pay all City legal fees and
actual recording fees incurred in filing �f the
final plat with Hennepin County.
c) The applicant shall pay a park dedication fee to
the City prior. to final plat. approval according
to the current City fee schedule, as follows:
1/3 acre. density = $480/unit x 24 = $11, 520 .00
less the cost or value of the physical
improvements made to the park as required above.
d) The applicant shall pay at the time of building
permit issuance any connection charges , availability
charges and/or permit fees normally charged at that
time, including any portion of the proposed public
improvement projects which may be determined by the
Council to be collected as connection charges instead
of as assessments levied against the property.
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d C�t� o� ORONO
� � . RESOLUTION OF THE CITY COUNCIL ..
� No. /���
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9) PLAT APPROVAL IS CONDITIONED UPON THE AVAILABILITY OF
REQUIRED PUBLIC IMPROVEMENTS. This Conditional Use,
Variance and Prel.iminary Plat approval is specifically
conditioned on` the availability of sufficient sewer
capaci:ty and the availability of a safe and convenient
traffic access for this density as wi11 be made possible
by construction of the proposed trunk sewer project
and the proposed widening and improvement of Blaine
Avenue. Without such projects, the Council hereby
finds that they could not hav� approved and would
instead have denied the LR-1C-1 PRD density of three
units per acre for .this development. Therefore, the
Council hereby finds that the final approval of this
Conditional Use Permit, Variance and Preliminary Plat
is completely contingent upon the applicants petitioning .
the City for said improvements; upon the applicants �
� agreement to have .the Schlee property assessed for the
costs of said improvements; and upon the applicants
providing surety that their share of said assessments
will be paid as agreed. �
10) WAIVER OF ANY IRREGULARITIES. The app7.icant, Schlee
Builders; Inc, by its agreement to and approval of the
' terms of this resolution hereby waives any procedural
or� substantive irregularity as mic�ht otherwise be
claimed for the. r.enewed review of application #585
after May 24, 1.982, and/.or after July 13, 1982, which
extended review period was initiated by written request
of the applicant and was undertaken by the City pursuant
to the terms of Reso.lution #1389. . �
11) FINAL PLAT APPROVAL DEADLINES. This preliminarv approval �
of a Cond�tional Use, Variance and Plat will expire and
be void:
a) If the applicant has not executed the required
� Developer's Agreement including assessment appeal
waiver before the. date on which the City Council
must decide on ordering of the trunk sewer, Blaine �
Avenue and internal plat improvement projects, or
November 1, 1982, whichever occurs first; or
. b) If the proposed trunk sewer and Blaine Avenue
improvement projects are not ordered by the
City Council on or before August 23, 1983 ; or
Page 15 of 17
�� " �
J . ' �1, -
�. . � �
�,� � :♦ ' .
�
(� City o� ORONO
� RESOLUTION OF THE CITY COUNCIL .
� NO.
• � • • _
If the applicant has not completed and submitted
to the City on or before August 23, 1983, a11 final
� plat drawings and documents as required for final
approval and recording �thereof.
12) Nothing �herein shall� require the City to order in the public
improvement projects setforth above or to approve a final
conditional use, variance or plat if said improvement projects
� are not ordered in, and the applicant sha].1 and hereby does
waive any rights to claim damages. or sue the City if the City
does not proceed with the above public project and final
approvals.
13) The applicant, Schlee Builder' s Inc, sha11 sign this
resolution and shal.l thereby .agree to the terms . and
conditions of. preliminary conditional use, variance and
plat approval contained herein, ,or this approval will
be void. " "
� Adopted this a� day of , 1982,
by a vote of � ayes and� � nays. .
illiam B. Van Nest, Mayor
ATTEST: �
� � - C;���
Albert M. Strom, ity Clerk
I hereby acknowledge and agree to the preliminary conditional
use, variance and plat approval conditions and other provisions as
setforth in this resolution.
Schlee B 'lders In�, by:
STATE OF MINNESOTA ) �
) ss. (title) • �
COUNTY OF HENNEPIN ) .
� Q The foregoing instrument was acknowledged before me this
O � day of 1982, by
x Y
JERILYN D. HOVANETZ
��� � NOTARY PUBLIC- MINNESOTA Pa e 16 Of 17 otary PUb�.1C
ANOKA COUNTY g .
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Page 17 of 17