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HomeMy WebLinkAbout18-3998 ExA ResolutionCITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A PRELIMINARY 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. Council Exhibit A 18-3998 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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. ________________________ 4 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. ________________________ 5 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 COUNCIL NO. ________________________ 6 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 ADOPTED by the Orono City Council on this 26th day of February, 2018. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 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; subject to 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 corner 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 of the 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 5 feet; thence southwesterly along a tangential 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 a tangential 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 9 Exhibit B Preliminary Plat CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 10 Exhibit C Engineer Comments Dated January 9, 2018