HomeMy WebLinkAboutLA18-38 ExD Resolution 6835Doc No Al0633774
Certified, filed and/or recorded on
Mar 5, 2018 2:51 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1663416E
Document Recording Fee $46.00
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6835
A RESOLUTION
APPROVING A PRELL IINARY PLAT FOR SOUTHWAYS
FILE NO.18-3998
WHEREAS, on December 13, 2017, James R. and Mary Joann Jundt, husband and
wife ("Applicant[s]"), applied for a preliminary plat for the property legally described in Exhibit A,
(hereinafter the "Property");
WHEREAS, on February 20th, 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 February 20th, 2018, the Planning Commission recommended
approval of the preliminary plat; and
WHEREAS, on February 26, 2018, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested preliminary plat as described above based on one or
more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #18-3998. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the LR-1A Zoning District.
3. The property is guided for Low Density Residential in the 2030 Community Management
Plan.
4. The Property contains 13.78 acres in area and has a defined lot width of over 1000 feet on
the west side ad over 600 feet on the east side.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 68 3 5
5. The property will be served by municipal sanitary sewer and private wells.
6. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater
Quality Overlay District.
7. The parcel will be subdivided into 5 buildable lots and platted right of way. All lots
conform to the size and width requirements of the city code.
8. The Developer has prepared grading plans to manage stormwater on site without negatively
impacting adjacent parcels
9. Access to the property is via the existing Bracketts Point Road, a public street.
10. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed subdivision
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
11. The Parks, Trails and Open Space element of the Orono Community Management Plan
(CMP) has no current plans for parks that specifically require dedication of park land from
this property. The City will confirm the park dedication required at the time of final plat.
12. The developer has submitted a Conservation Design Report and Master Plan prepared by
Kjohlaug Environmental Services Company dated December 13, 2017 that inventories and
describes in detail the environmental features of the site, defining what natural values of
the site should be preserved or enhanced and how that should occur.
13. There are no wetlands on the property.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
preliminary plat approval to allow the subdivision of the property into 5 lots, as depicted on the
plans dated December 6, 2017 prepared by Gronberg and Associates, attached as Exhibit B, subject
to the following conditions:
PA
CITY OF ORONO
RESOLUTION OF THE CITY COUNcu,
NO. 6835
A. Project Specific Conditions
1. The applicable general engineering comments and or conditions provided by City
Engineer dated January 9, 2018 attached hereto as Exhibit C shall be suitably
addressed by applicant in the development plan submittal.
2. Easements shall be provided as required by the City Engineer.
3. Regardless of timing of construction on lots 1, 2, or 3, Block 1, the Average Lake
Shore Setback shall be 84 feet from the Ordinary High Water line lots on all sides.
The Average Lake Shore for lots in Block 2 shall be as regulated by city code at
time of construction.
4. Approval of the Final Plat within 1 year of the date of Council approval of the
preliminary plat.
5. Development shall adhere to the proposed Basic Conservation Design Master Plan.
6. Significant trees shall be preserved to the extent possible and as shown on the
landscaping plans.
7. Upon evidence of resettlement history, the developer will contact the city and the
State Historical Preservation Office prior to proceeding.
8. Additional approvals
a. Vacation of Bracketts Point Road and Sanitary Sewer easement doc 6878945 as
described herein.
9. The following estimated fees are due at the time of final plat unless otherwise noted
a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater
and Drainage Trunk Fee (SW&DT Fee) of $32,240 (Minimum acre per lot (2) times
number of new lots (4) times per acre amount ($4,030).
b. Water and Sewer: The costs to relocate the sanitary sewer will be the developers
responsibility. The Metropolitan Council SAC charge which is currently $2,485
per dwelling unit will be due at the time of building permit for each lot.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6835
c. Park dedication: $22,200 ($5,550 x 4 new lots)
B. General conditions imposed on preliminary plats shall apply, and are as follow:
1. Appropriate traffic control signage within and pertinent to the site shall be installed
by the Developer subject to the City Engineer's review and approval.
2. Applicant shall demonstrate to the satisfaction of the City Council that all
requirements of the Minnehaha Creek Watershed District as administrator of the
WCA regulations on Orono's behalf, are complied with.
3. Erosion control 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.
4. 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. 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.
5. This approval is based upon the known issues that may affect this project, but this
approval does not limit the City from revising or amending these conditions as the
review process continues.
6. Council approval is based on the entire record, above Findings.
7. Any amendments to the plans which are not in conformity with City codes may
require further Planning Commission and City Council review.
8. Authorities granted by this resolution run with the Property not with the Applicants,
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 will expire
on that date (February 26, 2019).
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6835
9. 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.
C. Plans and Specifications. The following plans and specifications shall be submitted
for review and approval by the City and other appropriate jurisdictions:
1) Final plans and specifications for all proposed utility lines and services, including
any proposed revisions to existing service facilities. Proposed plans shall be
provided to the City for final review and approval with the Final Plan set. The
Public Works Department and any other pertinent reviewing agencies shall
review and approve all utility improvements. Final sanitary sewer and watermain
plans shall be provided and are subject to approval by the Public Works
Department and City Engineer.
2) Final Street and Storm Sewer Plans.
3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing
and proposed contours, building locations, elevations, stormwater facilities and
calculations, utilities and erosion control measures to be used during construction.
General Development Plan Approval will not be granted until the Minnehaha
Creek Watershed District has approved the stormwater plans.
4) Landscaping plan to reflect a more natural pattern of replacement trees, versus a
lineal replacement pattern along the new Bracketts Point
5) Any additional plans and specifications deemed necessary by the City as review
progresses.
D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as
follows. The following list of final submittals must be submitted to the City
Administrator 2 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 (3) 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCEL
NO. 6835
A. Lot lines platted per preliminary plat survey/drawing by Gronberg
and Associates dated December 6, 2017 attached hereto as Exhibit
B, except as modified herein.
B. Dedication of "drainage and utility easements" 10' along exterior
property lines and 5' along the interior property lines.
C. Dedication of "Drainage Easements" over all drainageways
D. Name of plat.
2). 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 applicant must provide certified copies of all recorded
easements currently affecting the property.
C. Signed Developers Agreement and Letter of Credit for construction
of improvements. The City Engineer shall establish the amount to
be provided in the Letter of Credit.
3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk
enumerated above.
E. Development Agreement. Development Approval is contingent upon the
successful execution of a Development Agreement between the applicant and the
City. Such Agreement shall address all specific City requirements for the
development.
F. Financial Guarantee. The Development Agreement shall include a financial
guarantee by the applicant to ensure the completion of site improvements. The City
Engineer shall complete an estimate of improvement costs, including but not
limited to streets, curb & gutter, sanitary sewers, landscaping, grading, erosion
control, utilities, and stormwater management facility construction, and the
applicant shall provide to the City a financial guarantee of 150% of the
improvement costs.
6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6835
ADOPTED by the Orono City Council on this 261' day of February, 2018.
A ST: CITY OF ORONO:
a Carlson, City Clerk Dennis Walsh, Mayor
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6835
Exhibit A Legal Description
Lots 5 and 6, Rearrangement of Orono Point;
Also, that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Easterly
of the following described line: Commencing at a point in the centerline of Center Avenue 588.95 feet northerly from
the Northwesterly corner of Lot 5, Rearrangement of Orono Point; thence southerly along said centerline a distance of 5
feet; thence southwesterly on a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence
southwesterly tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the
right a radius of 445.72 feet a distance of 119.25 feet, thence southwesterly tangent to said last described curve a
distance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right a distance of 79.3 feet to
the shore of Lake Minnetonka and there terminating; subjectto Boarder Avenue as opened by Document No. 2092886,
Hennepin County, Minnesota.
Also, that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of
Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line of Lot 4, said
Rearrangement of Orono Point and northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a
point on said west line distant 182.29 feet northerly from the southwest comer of said Lot 4; also that part of the
westerly half of vacated Center Avenue lying southerly of said above described perpendicular line; and also that part of
the westerly half of vacated Center Avenue lying northerly ofthe westerly extension of the northerly line of said Lot 4
and lying southerly of a line drawn easterly at right angles to the westerly line of said vacated Center Avenue from the
point of intersection of said westerly line with a line drawn 10 feet easterly of the following described line; Commencing
at a point in the centerline of said Center Avenue distant 588.95 feet northerly from the northwesterly corner of said Lot
5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being described; thence
southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet, and said line there
ending, Hennepin County, Minnesota.
Also, that part of vacated Boarder Avenue as laid out and dedicated over and across part of Lot 9 in said Rearrangement of
Orono Point which lies between the westerly line of said Center Avenue and a line drawn across said Border Avenue at
right angles to the side lines of said Border Avenue from the point of intersection of the centerline of said Border Avenue
with a line described as follows: Beginning at a point in the centerline of said Center Avenue distant 588.95 feet northerly
of the northwest corner of said Lot 5; thence southerly along the centerline of said Center Avenue a distance of 5 feet;
thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38
feet; thence southwesterly tangent to last said curve a distance of feet; thence southwesterly along atangential curve to
the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to last said curve a distance of
107.30 feet; thence southwesterly along atangential curve to the left with a radius of 56 feet a distance of 19.7 feet;
thence southerly tangent to last said curve a distance of 6.8 feet; thence southerly along a tangential curve to the left with
a radius of 169.7 feet a distance of 53.9 feet; thence southerly tangent to last described curve a distance of 20.5 feet;
thence southerly on a tangential curve to the left with a radius of 78.1 feet to its intersection with the centerline of said
Border Avenue, and said line there ending, Hennepin County, Minnesota.
Resolution
Exhibit B
SOUTHWAYS
PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR
JAMES & MARY JUNDT 6 8 3 5
IN LOTS 5, 6, 9 AND 10, AND VACATED BORDER AVE.
AND CENTER AVENUE REARRANGEMENT OF ORONO POINT
yty HENNEPIN COUNTY, MINNESOTA
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O& MLENK
Real People. Real Solutions.
January 9, 2018
City of Orono
Attn: Jeremy Barnhart
2750 Kelley Parkway
Orono, MN 55356
RE: Preliminary Plat Application 18-3999
Southways Addition
Engineering Review # 1
Dear Jeremy:
Resolution Exhibit C
6835
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (9521 448-8838
Fax: 19521 448-8805
Balton-Menk.com
As requested, I have completed an engineering review of the documents submitted for the above
referenced project. In addition, Adam Edwards has provided continents for inclusion with this review.
We offer the following observations, comments, and recommendations for your consideration:
1.0 GENERAL:
1.1 Stormwater management for the site to meet regulatory requirements is proposed through use
of wet retention basins. The following should be considered regarding the proposed system:
a. Volume control and water quality measures must be provided as well to meet NPDES
requirements. Plans should be revised to include volume reduction equal to 1" of runoff
from the new impervious surface. If infiltration is considered infeasible, other methods of
volume reduction must be considered. It appears that there are sufficient areas high
enough above the water table to provide localized filtration practices or amended soils.
Also, the overall estimate of Total Suspended Solids (TSS) and Total Phosphorus (TP)
from proposed improvements must be reduced from pre -project conditions. Calculations
detailing volume control and water quality compliance must be submitted for review and
approval. If the applicant pursues a design with less than the normally required infiltration
volume, sequencing of design to provide treatment to maximum extent practical must be
provided.
b. An Outlet Control Structure (OCS) that provides skimming must be installed on the wet
retention ponds in order to keep floatables in ponds. The following should be considered
regarding OCS design:
i. The inlet pipe from the pond to the OCS should be submerged with back slope from the
OCS to the pond to facilitate maintenance. The normal water level should be
controlled by a weir in the structure or the outlet pipe. The inlet pipe should be one
nominal size larger than the outlet pipe to limit flow control and turbulence at the pond
interface.
ii. A sloped rim should be utilized, per City Standard Details, with the bottom of the rim
placed at the predicted 100 year high water level.
iii. A trashguard should be installed on the outlet pipe.
c. Wet retention basins must provide a minimum 1800 cubic feet per acre of drainage area.
The stage -storage curves for permanent pools must be submitted for review to verify
A:iiORNO\C13115486�x-18.3999 Brackets Falnt\5nuttmys-PrePl R"iew-i 2019A1-09.docx
Bolton S Menk is an
Preliminary Plat Application 18-3999
Southways Addition
Page 2
6835
adequate storage is provided.
d. A minimum 8' wide access bench along the top of the berm should be provided all the way
around the pond to allow for inspection of outlets and future maintenance.
e. The stormwater management plan should be revised as necessary to meet all requirements
and resubmitted for review prior to Final Plat approval to ensure adequate siting is
available for required facilities.
1.2 The condition of Bracketts Point Road to remain should be reviewed by the City and Contractor
prior to any work, and the existing condition should be documented with pictures. After
completion of work, the street should be reviewed for damage, and the Contractor should be
required to repair any damage deemed to be caused by site work.
1.3 Work within public right-of-way must be coordinated with the Public Works Department.
Contractor must provide a minimum 48 hour notice prior to any work being performed. Notes
should be revised accordingly.
1.4 Final Plans must include a Storm Water Pollution Prevention Plan (SWPPP) that meets NPDES
requirements. The plan should include a rock construction entrance, perimeter silt fence, inlet
protection, and ditch checks in swales. For specific requirements, refer to the following link:
httns://www.pca.state.m ii. us/sites/defaultJiles/wq-strm2-68a.pdf
1.5 A Demolition/Removals Plans should be included with Final Plans to ensure items slated for
demolition are removed as proposed and required. The Removals Plans should include items
north and south of the site to make the street connections.
1.6 Per the meeting of December 20"' with the City, it is the City's understanding that the developer
wishes to install a pressure system with lift station in lieu of what is depicted in the current plan
set. A revised sanitary sewer plan must be submitted for review prior to final development
approval. The plat should be revised to provide sufficient room for the lift station; including
wet well, control panel and back-up generator; via the road ROW or a utility easement. The
final design must conform to City standards and should include all pertinent City details.
1.7 The development will require the city to increase the capacity of Lift Station #9 which receives
the sewage from the development area. The lift station is being remodeled/ rehabilitated this
coming year. Larger pumps sized to handle the increased demand from the development is
expected to add $1000 to the lift station projected.. That difference should be borne by the
developer.
1.8 For the sewer line designated to be abandoned all pipes must be removed or filled such that no
subsurface voids remain. For sanitary manholes designated to be abandoned, the covers, rings,
castings and any other structure must be removed to a minimum of 4 feet below the
surface. The remaining structure must be backfilled to ensure no subsurface voids. This work
should be indicated on the Final Removals Plan.
1.9 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD)
approval and permitting. A copy of any approvals or permits required should be submitted
prior to Final Plat approval.
1.10 The applicant will be required to obtain a General Construction Permit {NPDES} to discharge
stormwater associated with construction activity since more than I acre will be disturbed. A
copy of the permit should be submitted prior to any land disturbing activity.
1.11 The applicant will be required to obtain a Sanitary Sewer Extension permit from the Minnesota
Pollution Control Agency. A final copy of the permit should be submitted prior to
construction.
1.12 The applicant will be required to submit a Maintenance Agreement for all stormwater
management structures and facilities. The agreement should define maintenance
responsibilities following completion of project, specify types and frequencies of inspection
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Bolton 8 Menk is an
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Preliminary Plat Application 18-3999
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and maintenance activities, designate who will conduct inspection and maintenance activities,
and outline reporting requirements.
1.13 Clear drive lanes must be maintained on Brackets Point Road during construction. The
Contractor will have to exercise care during mobilization of equipment to not block traffic, and
parking for construction workers should be restricted to on -site only. The Contractor should
submit a Traffic Control Plan prior to any work. Access must be maintained to properties south
of site at all times. Plan should be approved by Fire Department and/or applicable emergency
services.
1.14 A final estimated cost of proposed improvements, matching approved plans, must be submitted
in order to determine the total Letter of Credit (LOC) amount. The LOC must be written to
150% of cost of improvements and submitted prior to any land disturbing activities. Estimated
costs should include grading, erosion control, utilities, street construction, vegetation
management, buffer establishment, temporary stabilization, and final stabilization.
1.15 Development grading, including the storm ponds and drainage ways, should be completed prior
to acceptance of the development and release of the escrow. In addition, a copy of MCWD
approval for the Stormwater Management system should be submitted prior to issuing any
Certificates of Occupancy.
1.16 Record drawings trust be submitted upon completion of the project.
2.0 PRELIMINARY PLAT / SITE PLAN:
2.1 A Flowage and Conservation easement will be required over any wetlands to remain.
2.2 Drainage and Utility Easements should be provided as follows:
a. Over all stormwater management facilities used to meet regulatory requirements.
b. All swales and storm sewer providing drainage for multiple properties.
c. 5' along all side lot lines, unless adjacent to Development boundary.
d. 10' along all front lot lines, rear lot lines, and adjacent to Development boundary.
3.0 PRELIMINARY GRADING PLAN:
3.1 Perimeter erosion control should be installed by the Contractor and inspected by the City prior
to any other work. Contractor must provide a minimum 24 hour notice prior to inspection.
3.2 Facilities necessary to meet regulatory requirements should be installed and the site mass -
graded at the same time as street construction to ensure all drainage ways and watersheds are
constructed per the approved Stormwater Management Plan. If done piece-meaI, coordination
of required stormwater management facilities can be difficult, and facilities required may be
forgotten during future construction.
3.3 Pond emergency overflows should be provided at the predicted 100 year high water level and
armored with Turf Reinforcement Mat (TRM).
3.4 Additional spots and revised contouring should be provided in several areas to ensure a
minimum b" swale depth is provided for swales providing conveyance to wet retention ponds
per the approved Stormwater Management Plan. These spot elevations should be confirmed
with record drawings prior acceptance of development.
3.5 The grading adjacent to the road should be revised as necessary to provide a minimum 2' depth
for the ditch in the rural section per the City Standard Detail or follow the curb line in the urban
section.
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4.0 PRELIMINARY STREET PLAN
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4.1 A minimum 15" culvert should be provided under driveways and roads to limit potential for
clogging.
4.2 Proposed curb should be indicated as B612 Curb and Gutter, and a detail should be provided with
Final Plans.
4.3 Bituminous pavement should be saw -cut to full depth at connection to existing to provide clean
match lines. Pavement at connection should match existing elevation and section. Final limits
should be coordinated in the field with the City prior to any demolition work.
4.4 Pipe characteristics should be provided for all proposed storm sewer and culverts (i.e. invert
elevations, diameter, length, slope, and material). Culverts under the roadway should be
concrete. Provide minimum 2' cover.
5.0 PRELIMINARY LANDSCAPE PLAN
5.1 The Final Landscape Plan should include the following:
a. Types and locations of proposed restoration.
b. Abandoned road should indicated removal of pavement and restoration type.
c. De -compaction of existing soils under removed impervious surfaces with 12" ripping depth
prior to placement of topsoil.
d. Areas disturbed by sanitary manhole removal.
e. Restoration of the existing rain garden at the south street connection.
f. Trees should be located so as not to interfere with drainage. In rural section areas, trees may
need to be placed outside the right-of-way.
If you have any questions or comments, please contact me to discuss.
Sincerely,
Bolton & Menk, Inc.
j�� C�� g "4
Robert E. Bean, Jr., P.E.
Water Resources Engineer
CC: Adam Edwards, City of Orono
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