HomeMy WebLinkAboutResolution 4182 ��
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'� RESOLUTION OF THE CITY COUNCIL
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� A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS II SUBDIVISION .
FOR PROPERTY LOCATED AT 2190 WAYZATA BOULEVARD
-FILE NO. 2425
WHEREAS,Sidney and Barbara Rebers(hereinafter the "Applicants") on February
19, 1997, filed a formal subdivision application with the City of Orono (hereinafter "City") for
approval of a replat of property legally described as:
Outlot E, Sugar Woods, except that part shown as Parcel 342A on Minnesota
Department of Transportation Right-of-Way Plat No. 27-70, Hennepin County,
Minnesota (hereinafter "the Property"); and
WHEREAS, this replat is proposed for the purpose of converting said Outlot
E to buildable lot status in order that the Property may be developed, as required by the City
� as a condition of the plat of Sugar Woods; and
WHEREAS, after duly published and mailed notice in accordance with
Minnesota Statutes 462.358 et. seq. and the City of Orono Zoiung and Subdivision Codes, the
Orono Planning Commission held a public hearing on March 17, 1997, at which time all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and ' � �
. �
WHEREAS, at its regular meeting held on April 14, 1997, the Orono City `
Council considered the subdivision application of the Applicant and made the following
findings of fact:
1. The property is located within the B-1 Retail Sales Business Zoning District
requiring a minimum lot area of 20,000 s.f. and a minimum lot width of 100'.
2. The property contains a total area of 41,612 s.f. and has a defined width of
approximately 146'.
3. The proposed plat consists of one commercial lot meeting the minimum lot
standard requirements of the B-1 Zoning District. �
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4. The property is served by municipal sewer and water.
5. The property abuts U.S. Highway 12 as well as Outlot D, Sugar Woods, a
segment of a proposed future frontage road corridor platted within Sugar Woods.
6. In 1987 the City adopted Comprehensive Plan Amendment No. 2 which planned
for the future development of a frontage road between Brown Road and Willow
Drive, paralleling Highway 12. In 1987 it was anticipated that traffic on
� Highway 12 would continue to increase as a result of the upcoming completion
of Interstate Highway 394. The purpose of this planned frontage road was
to reduce and/or eliminate access directly to and from Highway 12, generally for
safety and traffic flow reasons. Comprehensive Plan Amendment No. 2
specifically addressed road improvements needed prior to development of the
commercial corridor as follows:
• "Prior to the development of the commercial portion of this property, the
existing intersection at Brown Road and Highway 12 shall be improved
so that safety concerns associated with the current use and future
• increased use of this intersection are addressed. Configuration of the
frontage road and North Brown Road would be determined at the time
• of development."
Orono's 1994-95 reconstruction of Brown Road alleviated alignment concerns
with the 12Brown intersection, and Mn/DOT's 199�-96 safety improvements on
Highway 12 similarly alleviated a number of safety concerns.
7. The plat of Sugar Woods, completed in July 1989, included two commercially
zoned parcels (Outlots�E and F) abutting Highway 12. These two parcels were
platted as outlots, rather than as buildable lots, because the Applicant at that time
wished to delay decisions regarding future access to the commercial property
until such time that it was developed.
8. The Sugar Woods plat conformed to the comprehensive plan by creating Outlot
D, a short segment of the proposed future easdwest frontage road. Outlot D,
however, only provides a corridor from the west boundary of Sugar Woods to
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the northwest corner of Outlot F. The City's intent in approving the plat of
Sugar Woods was that at some future time when Outlot F is developed, the
remaining frontage road segment eastward to Brown Road would be defined and
platted.
9. On December 12, 1988, the Orono City Council adopted Resolution No. 2554
granting preliminary plat approval, conditional use permit and variances for the
plat of SUGAR WOODS. Page 8, paragraph 4.E stated that the subdivider's
agreement should:
"Clarify that Outlot D (portion of future east/west road) is to be fully
developed at the time of future development of the commercial
comdor. The access road will be fully installed at the time of either the
• applicant's development of the commercial corridor or as a result of any
other condition that may require the installation of the road prior to
applicant's development of the commercial corridor."
10. The foregoing language was not put in the subdivider's agreement, but it was put
in the resolution granting fmal plat approval. On July 10, 1989, the City Council
adopted Resolution No.2653 approving the final plat of SUGAR WOODS. Page
4, paragraph 4 stated: �
"4. Outlot D, a portion of future east/west road located within the
commercial zoned portion of the property, shall be installed at the time
of the development of Outlots E or F or the development of the Wear
property (unless the City has obtained an alternate legal access thxough
Outlot E to the Wear property all subject to the approval of the City)."
11. Pursuant to the terms of the preliminary plat resolution and final plat resolution,
on September 8, 1989, Rebers Construction Co. and Sidney and Barbara Rebers
granted public roadway easements over Outlot D to the City of Orono. Said
easements were filed with the Hennepin County registrar of Titles as Document
Nos. 2038791 and 2038792.
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12. Thereafter, the Orono Building & Zoning Administrator and City Attorney
objected to certain terms of said easements; said easements were renegotiated
between the City and the Applicants; and a replacement public road easement
over Outlot D was granted to and accepted by the City subject to the follo�ving:
"1. No road shall be installed by Grantee until�a building permit has
been issued for construction of a commercial building on Outlot E,
SUGAR WOODS (in which case the road may extend no further east than
� the Northerly extension of the East boundary of Outlot E) or on Outlot
F, SUGAR WOODS (in which case the road may extend the full length
of Outlot D).
. "2. The south edge of any road built by grantee shall be no further North
than the South boundary of Outlot D, SUGAR WOODS.
' "3. If and when a frontage road or service road is built connecting
Outlots E and F, SUGAR WOODS, across land South of Outlot D,
SUGAR WOODS, or an easement for such a road is dedicated, granted
or condemned, this easement shall automatically expire." �
(Quit Claim Deed dated May 30, 1990, recorded June 25, 1990 as Registrar of
Titles Document No. 2105974.)
13. It appears that Interstate Highway 394 will not be extended along the current
corridor of U.S. Highway 12; it appears that a bypass route will be extended
from the current freeway terminus near the easterly boundary of Orono to the
intersection of Highway 12 and County Road 6. When this bypass is
operational, traffic on Highway 12 adjacent to the Property will decline.
However, the resultant traffic volumes on Highway 12 adjacent to the property
at that time are anticipated by the City to be at a level that would generally
indicate the need for a limited access highway.
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14. The Council finds that although the ultimate access for the Property should be
via a frontage road, the form of future development of the adjoining and nearby
properties should be taken into account at the time the frontage road is
developed. Such future development has not been determined, but it will
influence if, how, where and when the frontage road is constructed. Therefore,
the Council chooses not to install the High�uay 12 frontage road through Outlot
D, SUGAR WOODS, at this time, whether or not Outlot E is developed�with
a commercial building, without waiving its right to require or order such
� installation in the future.
15. The Council finds that suitable interim access to Outlot E from Highway 12 may
be possible using the Mn/DOT right-of way directly west of Outlot E, which
would allow an access to be constructed opposite Brimhall Avenue. Such an
• access location affords an opportuniry for shared access to serve the adjacent
property in the plat of East Willow Woods.
16. Outlot D, Sugar Woods, is intended to serve as a trail corridor as well as a
frontage road corridor, and therefore requires a continuous width of 60' in order
to accommodate both uses. Outlot D currently is 60' in width at the west end
but tapers to a width of 40' at its east end. Additional right-of-way is needed by
the City via creation of an additional Outlot and granting of drainage, utility,
� road and trail easements in order that the 60' corridor be provided. �
17. The City Engineer has additionally recommended that a 5' drainage and utility
� easement be granted along the south side of the added right-of-way outlot, within
proposed Lot 1.
18. The easement granting the Cit}� rights to develop a frontage road in Outlot D
does not grant an easement for drainage or utilities purposes, which is necessary
in order for the City to use it for the intended purpose.
19. Proposed Lot 1 is subject to the Park Dedication requirements of Municipal Code
Section 11.62.
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20. Any development proposed within proposed Lot 1 will be subject to a
commercial site plan review process before the Planning Commission and City
Council; and
WHEREAS, on October 13, 1997 the Orono City Council adopted Resolution
No. 3972 granting preliminary plat approval for the proposed conversion of the Property into
Lot 1, Block 1, SUGAR WOODS 2ND ADDITION, subject to a number of conditions; and
WHEREAS, the approval granted in Resolution No. 3972 expired on October �
13, 1998 prior to the applicant completing the requirements for final plat approval; and
� WHEREAS, the applicant applied for renewal of the Preliminary Plat Approval
on September 22, 1998, and a public hearing was subsequently held by the Planning
, Commission on October 19, 1998 at which time all persons desiring to be heard concerning
this application were given the opportunity to speak thereon; whereupon the Planning
Commission recommended that the preliminary plat approval be renewed per the conditions of
Resolution No. 3972; and
WHEREAS, the applicant's surveyor has submitted a revised Preliminary Plat
drawing which depicts the proposed Outlot A in addition to the proposed Lot 1, Block 1,
SUGAR WOODS 2ND ADDITION as required in the conditions of Resolution No. 3972.
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of
the findings noted above, the City Council of the City of Orono hereby approves the request
for renewal of the preliminary plat application of Sidney and Barbara Rebers per plat drawings
by Wayne D. Cordes, a licensed surveyor employed by BRW, Inc. dated October 19, 1998, for
� the conversion of the Property into Lot 1, Block 1, and Outlot A, SUGAR WOODS 2ND
ADDITION, said survey attached to this Resolution as Exhibit A, subject to the following
conditions:
1. Lot 1 shall be allowed direct access to U.S. High�vay 12 only if the applicants
are successful in relocating their eYisting access to Highway 12, by obtaining an
access permit from the Minnesota Department of Transportation (MnDOT)
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permitting access over the triangular parcel of land owned by MnDOT across
from the intersection of Brimhall Avenue and Highway 12. Any direct access
to Highway 12 which is not directly opposite Brimhall Avenue will not be
allowed.
2. The right-in/right-out access of Lot 1 to Highway 12 at Brimhall Avenue is
approved on a permanent basis. The left-in/left-out access of Lot 1 to Highway
12 at Brimhall Avenue is approved on an interim basis. At such time as a
frontage road is installed to provide alternative access to- Lot 1, the City shall
have the right to terminate the right-in/right-out access at Brimhall Avenue upon
payment of just compensation and the right to terminate the left-in/left-out access
at Brimhall Avenue without payment of any compensation; provided that Lot 1's
access to Highway 12 will not be terminated unless the Highway 12 accesses of
� the other parcels served by the frontage road are similarly terminated.
3. The City reserves the right to control access to Lot 1 from the Wear property
directly east of Lot 1 in the commercial site plan review process. Applicant
shall, if found necessary by the City, place barriers to prohibit access from the
Wear property.
4. Lot 1 shall bear the total reasonable costs of constructing the portion of the
� � frontage road directly adjacent to Lot 1. If the frontage road is built, the o�vner
of Lot 1 reserves the right to contest the necessity and feasibility of the frontage
road improvement. The Council will require at the time of final platting security
in the form of a cash escrow, letter of credit or other form of security acceptable
to the City.
5. Applicant shall grant the City a drainage, utility and trail easement over Outlot
D.
6. A triangular segment of right-of-way shall be platted as Outlot A, SUGAR
WOODS 2ND ADDITION, per Exhibit A attached, and applicant shall grant to
the City road, trail, drainage and utilities easements over said Outlot A.
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7. Applicants shall provide confirmation that the existing stormwater pond is viable
to senre Lot 1, or shall provide a new comprehensive stormwater plan for Lot
� 1 and Outlot F, SUGAR WOODS, subject to approval of the Minnehaha Creek
Watershed District and the City Engineer. '
8. Applicants shall in conjunction with City staff determine the exact location of
the existing water main along the west boundary of the site and applicants shall
grant to the City an easement for utility purposes within the property extending
10' from the centerline of the existing pipe.
9. Applicants are hereby advised that preliminary subdivision approval will expire
. within one year of the date of Council approval, on October 26, 1999. Should
Applicants fail to complete the filing of the final plat application within the one
• year deadline, it shall be necessary for ,applicant to file a new preliminary �
subdivision application with the City.�
The following list of final submittals must be submitted to the Zoning Administrator two
weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of
the month. These submittals are as follows: -
1. 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'. Drawing to include:
A. Lot lines platted per preliminary plat survey by Wayne D. Cordes dated
October 19, 1998.
B. Dedication of drainage and utility easements 10' wide along the exterior
boundaries of the Property with additional water main easement as noted
in Condition No. 8 above.
C. Designation of Outlot A per Exhibit A attached, to serve as an expansion
of the frontage road corridor.
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2. Legal documents required:
A. Title opinion addressed to the City.
B. All owners, mortgage holders or others with property interest indicated
� therein shall sign the plat and all other documents affected by such
interest.
C. The applicant must provide certified copies of all recorded easements
. currently affecting the Property.
• 3. Signed and executed road, trail, utility and drainage easement over Outlot A,
SUGAR WOODS 2ND ADDITION.
4. Signed and executed trail, drainage and utility easement over Outlot D, SUGAR
WOODS. •
5. Fees to be paid: Total due: $ 200.00*
A. Legal review and filing fees for subdivision and associated documents =
$200.00
B. *Park dedication fee, fee shall be based on 8% of the fair market value
of land within Lot 1, per the provisions of City of Orono Ordinance No.
173, Second Series adopted April 13, 1998 and Resolution No. 4064
adopted April 13, 1998. The applicant shall be advised as soon as the
amount of the park dedication fee has been deternlined.
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Adopted by the City Council of the City of Orono, Minnesota at its regular
meeting held this 26th day of October, 1998.
ATTEST: .
, � � � � �
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Lin a S. Vee, City Clerk Gabri 1 Jabbour, Ma r ��- __
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this�(o�n day of
d�t" , 199�', by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
,� �(�iJ, .�-�� C� - J2(4�Q�,��.�
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� �.��.".�.; CAROLE A HASEMAN Notary Public
NOTARY PUBLIC-MINNESOTA
'a,"c�:-:' HfiNNEPINCOUNTY
`-�•••° My Commission Expires Jan.31,2000
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