HomeMy WebLinkAboutResolution 3348 . . ,�_..r.._.: �. . _ ._ _ _ .
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• � ;��"� RESOLUTION OF TI� CITY COUNCIL �
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A RESOLUTION APPROVING .
� COMPREHENSIVE PLAN AMENDMENT NO. 5
W�IEREAS, in June 1980 the City Council of the Ciry of Orono (hereinafter "the �
City") adopted a Community Management Plan (hereinafter "CMP") to provide for the orderly
development of the City. An integral part of the plan provided that sewered areas of the City
be included within the Metropolitan Urban Service Area (hereinafter "MUSA"); and
WHEREAS, the MUSA boundary originally adopted� via Resolution #1135 on
April 14, 1980 was subsequently revised by Resolution #1337. on November 23, 1981;
� Resolution#2131 on February 23, 1987; Resolution#2437 on May 23, 1988; Resolution#3153
on August 10, 1992; and Resolution #3283 on May 24, 1993; and
�
' WHEREAS, the City has reviewed the formal request of Alan�Nettles of 1940
Shoreline Drive for inclusion of his properry within the MUSA boundary to allow connection
of his existing residence to the municipal sewer system, a portion of which is located in the
street adjacent to said properry; and � .
. WHEREAS, the City of Orono is selling for single family development of two
building sites, a portion of the City owned:properry known as the former Orono Sewer Plant
property. The portion subject to sale is located adjacent to a gravity trunk sewer line which
discharges to N1WCC Lift Station No. 59. It is the desire of the City to include this property
within the MUSA boundary;. and
'. �WHEREAS, on Monday, August 16, 1993 the Orono Planning Conunission �
pursuant to published legal notice held a public hearing to receive public comments regarding
a proposed amendment of the MUSA boundary to include the above referenced properties, at
which time all comments of public were heard; and . :
WI�REAS, the Orono Planning Commission on August 16, 1993 recommended .
approval of the inclusion of said properties within the MUSA boundary based on the following •
fmdings: . . � , ,
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� � a . CITY of ORONO
• � ;�_�"� • .. RESOLUTION 0 61� CITY COUNCIL
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1. Inclusion of the property at 1940 Shoreline Drive in the MUSA boundary is
necessary before said properry can be allowed to connect to the municipal sewer.
Said property is located on the lakeshore•of Lake Minnetonka and contains a
single family residence witt� a �failing septic . system. Said properry is
. approximately 2.2 acres in area and includes wetlands, and therefore is not
further subdividable under the lot requirements of the LR-lA Zoning District.
. A municipal sewer lateral exists approximately 20' from the properry, requiring
� no extension of the municipal sewer. The connection charge, SAC charge, and
� connection costs to be borne by the property owner approximate the costs of
� replacing the existing failing• system with a fully conforming septic system.
Allowing the properry to connect to municipal sewer will not be in conflict with
the goals and policies of the Orono Communiry Management Plan, in that no
extension of municipal sewer is required, no new high density development will
� occur as a result of the MUSA boundary:expansion, and Lake Minnetonka will
be further protected by the elimination of a failing septic system located on a
• lakeshore lot. . �
� 2. � An additional 1.5 acre area adjacent to the property at 1940 Shoreline Drive
which includes railroad right-of-way, undeveloped City road right-of-way, and a
portion of privately owned wetland, and which is proposed for inclusion in the
MUSA, is included solely for the purpose of ease of mapping, and will not result
in further development. �
3. Inclusion of the Orono Sewer Plant property within the MUSA is necessary for
the development of said properry into as many as two 2 acre building sites,
because said properry has been disturbed through its previous use as a Public
Works' materials storage site and therefore�cannot sustain the necessary septic
� systems to serve two single family residences. Further;.said property is adjacent •
to a gravity sewer trunk which discharges. to MWCC Lift Station No. 59, and
which therefore can connect to the sewer system without the need for extension
. � of the municipal sewer system. Said properiy is located on the lakeshore of .
French Lake which is designated as natural environment by the Minnesota �
Department of Natural Resources, and therefore requires special protection
inciuding sewage system and construction setbacks of 150' from the OHW of the
lake, further restricting use of.the site for development with on-site sewage
' . treatment systems. The properry contains in excess of 4 acres and"can therefore .
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O :. . O CITY of ORONO �
• � � =��"� RESOLUTION O TI� CITY COUNCIL
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be developed into two single family.residential building sites per the 2 acre �.
minunum lot size requirements of the RR-1B Rural Residential Zoning District.
� Further, the proposed addition to the MLTSA boundary of approximately 5.7 acres
�� includes approximately 1.5 acres of� wetland for ease. of mapping and legal
description, although said wetland area is not developable and not all within the
portion of the properry to be sold; and ,
WHEREAS, on August 30, 1993 the Ciry of Orono submitted a formal
application to Metropolitan Council for approval of Comprehensive Plan Amendment No, 5 for
expansion of the MUSA boundary; and �
W�IEREAS, on September 15, 1993 the Metropolitan Council advised the City
that the proposed amendment was considered incomplete until the City adopted the Metropolitan
Council's "Interim Strategy to Reduce Non-Point Source Pollution to all Metropolitan Water
Bodies"; and � �
• '
WHEREAS, on February 24, 1992 the City Council adopted Ordinance No. 101,
� 2nd Series, establishing regulations for the management of shorelands in accordance with .
Minnesota Department of Natural Resource requirements, which ordinance was approved by said
Department on May 25,. 1993; and � � . .
� WHEREAS, on October 11, 1993 the City Council adopted Resolution No. 3335
indicating the City of Orono's intent to comply with the Metropolitan Council's "Interim '
Strategy to Reduce Non-Point Source Pollution to all Metropolitan Water Bodies", said
resolution revising the proposed amendment by eluninating a proposed MUSA acreage trade-off
that would have resulted in Noerenberg Park land being extracted from the MUSA, and indicated
that the City will implement the 'use of NURP standards and Best Management Practices via
Zoning Code and Subdivision Code Amendments no later than May 15, 1995; and
� WHEREAS, pursuant to published legal notice the Orono Planning Commission
� held a public hearing on October 21, 1993 �regarding the.proposed Comprehensive Plan
Amendment to incorporate storm water management policies regarding application.of NURP
standards for storm water�ponds and Best Management Practices for protecting water qualiry in -
urban areas, at which time all coinments of the public were heard; and
WHEREAS, the Orono Planning Commission�on October 21, 1993 recommended
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O :. _ O . CITY of ORONO
• ��ei=� . . � . RESOLUTION OF THE CI',i'Y COUNCIL �
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approval of the incorporation of said policies into the Orono Community Management Plan. .
NOW THEREFORE BE IT RESOLVED, by the City Council of Orono, - ,
Minnesota: � � �
1. The Orono Community Management Plan is hereby amended by adding Parts
XVII and XVIII to the Metropolitan Urban Service Area per the legal descriptions
and maps attached hereto as Exhibit "A".
2. The Orono Community Management Plan, Part II, Chapter 3 "General Policies
for Natural Resource Management", Item 13, on Page 3-21, is hereby amended
to read as follows: (Underlining indicates new language) �
13. � ON-SITE WATER RETENTION FACILITIES WII.L BE REQUIRED
AS PART OF ALL RESIDENTIAL COMMERCIAL OR INDUSTRIAL
• DEVELOPMENT PROJECTS WHENEVER NECESSARY TO
MAINTAIN OR IMPROVE THE EXISTING STORM WATER RUNOFF
� PATTERNS. Whenever a development's .location, size, scope or
� hardcover would tend to increase the quantity of runoff, increase the speed
of runoff, or decrease the quality of runoff, �that development will be
� � required to provide on-site retention facilities.su�cient to maintain the
� existing situation or to improve the resulting runoff by reducing quantity, .
reducing speed and .or improving quality. No development will be
permitted to adversely impact its neighbors, or, the City, by changing
drainage patterns or by otherwise adversely affecting the�storm water
� drainage. National Urban Runoff Proaram fNURP) standards will be .
' applied to the desi�n of new storm water ponds.
. 3. Orono Community Management Plan Part II, Chapter 3, "General Policies for
Natural Resource Management" is hereby revised by adding Policy No. 16 on
. Page 3-22 to:read as follows: , � , �
• 16. Erosion control Best Mana�ement Practices shall be annlied. The
' MPCA's Urban Best Mana�ement Practices entitled "Water Quali in �
� Urban Areas" shall be a�nlied to the review of pro.posed develonment to
� � reduce non-point source pollutant loadin�s in storm'water runoff. To •
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O :. . O CITY of ORONO __
• � � ;��=� RESOLUTION OF THE CITY COUNCIL ' .
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� implement this policv the City will incoroorate these standards and •
requirements in its storm water mana�ement nlan and land use controls.
4. The above nbted amendments shall take effect upon approval by the Metropolitan
Council. '
FURTHER BE IT RESOLVED, that the Ciry Council of the City of Orono finds
the amendments above noted meet the intent of the basic goals, objectives and policies set forth
in the 1980 Communiry Management Plan, and are consistent with the goals, objectives, needs
and desires of Orono residents. �
Adopted by the City Council of Orono, Minnesota this 25th day of October,
1993.
� A EST:
DorQthy llin, Ciry Clerk dward J. Call an, Jr.,�Mayor
STATE OF MINNESOTA )
) ss. �
� COUNTY OF HENNEPIN ) .
' � The foregoing instrument was acknowledged before me on this 25th day of
October 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
� of the City. � � �
�; .. LINDA S. VEE �,�QfLJ - : .
NOTARY PUBLIC - MINNESOTA � � .
HENNEPIN COUNTY NO P11b11C
�, �� My commtsslon expires&12-98 .
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' • EXHIBIT A '
� RESOLUTION NO. 3348
— . _ PART XVII Page 1
� � ORONO SEWER PLANT PROPERTY .
� � The west 230' of the south 550' of the NE 1/a of the NE'/a of Sec. 9-117- � �
23, -
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The north 467.5' of the east 220' of the south 550' of the NW 1/a of the �
NE'/a of�ec. 9-117-23.
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• � EXHIBIT A �
RESOLUTION NO. 3348
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� . PART XVIIZ .
. NETTLES PROPERTY
� ' Commencing at the most southerly corner of Lot 2, Block 1 "Ora Park"; ,
thence northwesterly along the southwesterly line of said Lot 2 and the j
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extension of said southwesterly line to the center line of Brown Road; {
thence northeasterly along the center line of Brown Road to its intersection ;
with the extension o.f the northeasterly li.ne of the southwesterly 121.12'
� of Lot 5, Elbridge S. Barnes First Subdivision; thence southeasterly along
said northeasterly line extended to the shore of Lake Minnetonka; thence
southerly along the shoreline of Lake Minnetonlca to the southwesterly line
of Lot 5, Elbridge S. Barnes First Subdivision to its intersection with the
southeasterly lines extended of Lots 1 and 2, "Ora Park";� thence
. southwesterly along said southeast line extended to the point of beginning.
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