HomeMy WebLinkAboutResolution 2554City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2554
A RESOLUTION GRANTING PRELIMINARY APPROVAL
OF A SUBDIVISION AND
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (A)
GRANTS A CONDITIONAL USE PERMIT
FOR A PRD OF 25 RESIDENTIAL UNITS
APPLICATION NO. 1334
WHEREAS, Sidney Rebers filed a formal subdivision application and
conditional use permit for a Planned Residential Development with the City
of Orono (hereinafter "City") on August 26, 1988 for the purpose of
platting 25 residential units, an open space outlot and private road
outlots of the property legally described as follows:
See Exhibit A, attached to this resolution (hereinafter "property");
and
• WHEREAS, after due published and mailed notice in accordance with
Minnesota Statutes 462.358 and the City of Orono Zoning and Subdivision
Codes, the Orono Planning Commission held public hearings on September 19,
1988 and October 17, 1988 at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on November 28, 1988, the
Orono City Council (hereinafter "Council") considered this subdivision
application and conditional use permit and directed staff to prepare a
resolution of approval; and
WHEREAS, at their regular meeting held on December 12, 1988, the
Council again considered this subdivision application and conditional use
permit for a Planned Residential Development for the applicant noting the
following findings of fact:
1. On May 23, 1988, the Council formally adopted Comprehensive Plan
Amendment No. 2, also referred to as the Highway 12 Corridor Study.
(hereinafter referred to as "Comprehensive Plan Amendment"). The
property was located within a section of the corridor defined as Area
4, and was recommended for the following changes:
A) To continue to use the north portion of the property for
single family residential use.
B) That the owner could submit a plan of 1 and 2 acre mixed
densities as an alternative in providing a graduated development
buffer to abutting rural residential 2 acre development.
Page 1 of 11
City of ORONO
RESOLUTION OF THE CITY COUNCIL
Ve
2554
C) The property was proposed at 1 -acre residential units as
sewer and water was planned for the area.
D) The property would be served by either a cul-de-sac or loop
(circular) road with no connection to the west if a frontage road
is to be installed within commercial corridor.
E) Maximum allowed density would be subject to availability of
municipal services, buffering to rural residential, etc.
2. On October 10, 1988, the Council adopted Resolution #2525
approving the rezoning of the property from RR -1B to R-lA based on the
following findings:
A) The Comprehensive Plan Amendment included this property
within the Metropolitan Urban • Service Area (MUSA) district approving the extension of sewer service to the area. The
amendment also provided another alternative to the residential
development of the property other than the existing rural
residential 2 acre minimum lot size.
B) The property is immediately adjacent to a commercial corridor
along Highway 12 and the proposed 1 acre zoning would provide an
excellent buffer or transition to the surrounding rural
residential development.
C) The current code requires rezoning to R-lA in order to allow
the 1 acre densities recommended in the Comprehensive Plan
Amendment.
D) The rezoning will allow single family residential
development. The R-lA zoning district will allow only detached
single family residential development.
E) In a preliminary report, the City Engineer confirmed that
sanitary sewer can be provided to the property. Sewer will be
provided either through Long Lake by the Joint Powers Agreement
or by constructing a new interceptor within the Highway 12
Corridor. The expense of which is to be borne by the property
owner.
• F) The proposed division satisfies all of the special minimum
requirements for rezoning under the proposed zoning ordinance
amendment of the Highway 12 Corridor currently under
consideration by the Council.
Page 2 of 11
City of ORONO
• RESOLUTION OF THE CITY COUNCIL
nV NO. 2554
iv. Each residential unit will be defined.as a lot
on the final plat survey (average lot size of each unit =
38,000 s.f.).
V. The actual building pad defined by the required setbacks
of each lot cannot be shown on the final plat, but are shown
on the preliminary plan also referred to as the final
development plan, attached to this resolution as Exhibit B.
vi. The applicant has created a no -grading zone/woodlands
protection area within the private open space outlot and the
setback areas defined within each building lot. No future
owner will be allowed to remove trees in excess of 2 inches
or greater in diameter. No grading is allowed within the
protected areas.
vii. Each building pad (defined by the setbacks for each
• lot) is limited to 80% hardcover improvements. Such
improvements will include the access road through the
portion of the property located within the front street
setback area.
viii. In a preliminary report, the City Engineer Glenn Cook
has confirmed that -there is adequate sewer capacity either
through Long Lake by the Joint Powers Agreement or by
constructing a new interceptor along the Highway 12
Corridor.
ix. Applicant is required to submit a Storm Water
Management Plan. Site drainage will conform to the
Minnehaha Creek Watershed District's standards and the
City's Flood Plain Management requirements. The applicant
has filed a permit application with the M.C.W.D. The
applicant will be required to install a detention pond
within the southeast corner of the property (located within
the commercial corridor) .
X. All lots to be served by a private loop road with a
single, divided ingress/egress access at Brown Road. No
additional curb cuts will be approved for this property.
xi. The proposed preliminary plat attached to this
• resolution as Exhibit B, confirms to all requirements of the
Subdivision Code, Chapter 11.
Page 4 of 11
C.
7. The applicant
property based on
representatives of
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2554
has proposed a PRD plan for development of the
one or more of the findings noted by professional
the applicant:
A) The topographical and physical characteristics of the
property suggest a need for special design considerations -
variations in topography range from 1,044 feet at its highest
point to 994 feet at its lowest, resulting in over 50 feet of
grade separation.
B) The existence and location of mature maple and other
deciduous trees (densely populated forest of maple trees to the
west portion of the property and to the east young to mature
nursery stock of evergreen trees and other deciduous trees).
C) Need of providing an open space buffer to rural residential
• lot lines of surrounding properties, especially to the north and
west.
8. The City Engineer, Glenn Cook, has submitted a report dated
December 7, 1988 noting the following issues:
A) The access road for the plat shall be located approximately
800 feet from the north boundary line of the property. The
private road access will have a minimum sighting distance of 420
feet to the north meeting a 45 mile per hour sighting standard.
North Brown Road is posted at a 30 mile per hour speed.
B) The temporary construction road is not feasible based on the
steep topographies that run along the east/west boundaries of
Highway 12. In addition a road cut would require the major
removal of existing trees.
C) Upon a site inspection of the existing contours within the
commercial corridor, the east/west road appears most feasible and
will provide applicant with adequate area for future development
within the commercial corridor. The proposed outlot for future
road extension shall remain as proposed on the preliminary plans.
The Engineer has provided an example of one option for the layout
of the access road.
9. Neighborhood residents are justly concerned about increased
• traffic in and through their neighborhood. The intent of the Council
is to accommodate any new traffic flow in the safest manner possible
with the least adverse affect on the immediate neighorhood and on the
public generally.
Page 5 of 11
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2554.
10. Comprehensive Plan Amendment No. 2 (Page 52 - Recommended
Alternatives) specifically addresses road improvement or upgrading 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."
NOW, THEREFORE BE IT RESOLVED, that based upon either one or more
of the findings noted above, the City Council of the City of Orono hereby
approves the preliminary plat of Meyers Woods as presented by Sidney Rebers
per plat drawings by Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc.,
dated December 12, 1988, and attached to this resolution as Exhibit B,
grants a conditional use permit for a Planned Residential Development of 25
®single family detached dwellings, and further grants a variance to the
standard that would require all lots have frontage on a public road with
the creation of a private road, subject to the following conditions:
1. Prior to the issuance of building permits for new construction,
the final plat must be filed with either the Hennepin County Recorder
or Registrar of Titles office, sanitary sewer and road base installed
and approved by the City, and if required improvements set forth in
the Subdivider's Agreement are not completed, the developer must post
a Letter of Credit (150% of cost of remaining improvements) with the
City, and posting of the appropriate bond with the City to insure that
any damage sustained by Brown Road is to be repaired by applicant.
2. Required Improvements:
A) Private road to be constructed per standards set forth in
Section 11.33, Subdivisions 4 and 5 for roads serving lots in
excess of 7 units.
B) All engineering plans for sewer extension/installation and
road plans must be approved by the City prior to any
construction.
3. The final preliminary subdivision design and layout shall be
similar to that shown on Exhibit B, attached to this resolution, with
• exact lot layout and internal street alignment to be determined by
consultation with City staff and the applicant during development of
the final plat drawings.
Page 6 of 11
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2554
4. The City will require that both the applicant and the City enter
into a Subdivider's Agreement that would define the special conditions
and convenants underlying the approval of this R-lA PRD subdivision
and to insure that the directives of the City are upheld by the
applicant, individual contractors and future owners of these
properties. The Subdivider's Agreement shall deal with the following
issues set forth by the City throughout this review:
A) A listing of all required improvements and the posting of a
Letter of Credit to cover all outstanding improvements not
completed by final plat approval.
B) The posting of a bond with the City to insure that all damage
to Brown Road sustained during the construction period of road
and early building stages for residential construction.
Provision should be made for the right of the City to extend the
duration of the bond coverage beyond the two year deadline
depending upon the building schedule for the development.
Appropriate signage approved by the City shall be installed prior
to construction defining the approved access corridor for all
construction vehicles that will enter or exit the property.
Access is approved only from U.S. Highway 12. No traffic shall
be directed to Sixth Avenue North (County Road 6). The applicant
shall be held responsible for the enforcement of the approved
traffic pattern.
C) Per Resolution #2525 that approved the rezoning of the
property, contingent on sewer service being approved for the
property and concurrent with the granting of sewer service the
applicant agreed to enter into an agreement with the City to pay
without appeal for City authorized sewer extension and service.
Applicant may choose to enter into a separate agreement or to use
the Subdivider's Agreement to cover this directive of the City.
Prior to the filing of the final plat, an agreement shall be
executed satisfactory to the City for the installation of
sanitary sewer to the property.
D) The cost (not covered by MSA funds) for the future upgrading
of Brown Road shall be equally assessed against all users of
Brown Road. This would include the 25 lots within Meyers Wood
plat. Applicant is to define who will be responsible for the
payment of these future costs.
0 Page 7 of 11
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CITY
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2554
E) Clarify that Outlot D (portion of future east/west road) is
to be fully platted and developed at the time of future develop-
ment of the commerical corridor. 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.
F) Both the private covenants and the Subdivider's Agreement
should include the following restrictions:
1) No grading and woodlands preservation area. No removal
of trees in excess of 2" or greater in diameter (only trees
that are dead or because of hazardous condition require
trimming or removal) and no grading in the protected areas
without approval from the appropriate authority. The
Subdivider's Agreement should also define the protected
areas such as the setback area of each lot and the private
open space outlot.
2) All building pads defined by the setback areas within
each lot shall be limited to 80% hardcover improvements.
This shall also include the portion of the access drive,
that enters through the front yard setback zone.
G) Entrance monuments to be defined and plans approved by the
Planning Commission and Council as a part of the final
subdivision approval. Entrance monuments in excess of the 3V
height will require variance approval also.
H) The enforcement of the conditions/covenants of the
Subdivider's Agreement shall be a method satisfactory to the
City.
(The City does not feel it appropriate that the landspace
buffering agreed to by the applicant be included in the
Subdivider's Agreement, but that the City encourages the
applicant to install appropriate evergreen buffers along the
north boundary where feasible and on the east side of Brown Road
where the egress road may create problems for resident to the
east.)
0
Page 8 of 11
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City of ORONO
f RESOLUTION OF THE CITY COUNCIL
s NO.
2554
5. Final plat submittals -
The final plat 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. Applicant is
further advised that the Planning Commission will review the final
development plan (Exhibit B of this Resolution) and the Subdivider's
Agreement as an information item only prior to Council granting final
approval of the plat. Applicant is further advised that the Planning
Commission meets on the third Monday of each month and to check with
the Orono staff regarding the official calander of meetings for 1989.
A) Surveyor to submit copy of final approved preliminary plat by
locating open space outlots, road outlots, and lots with defined
building pads. This final approved preliminary plan will be
attached as Exhibit B of this resolution.
B) Record plat drawings in the form of two mylar copies: one
copy reduced to 1"=2001. Drawing to incude:
a) lot lines as approved on final preliminary plan referred
to in Item A above; and
b) dedication of drainage and utility easements 10' wide
along all perimeter property lines (open space outlot), 5'
each side of internal lot lines (along the sides and rear of
each lot), and 10' along the front street lot line of each
pad.
C) Dedication of 33' of right-of-way for a road shown as Brown
Road North.
D) Designate retention pond in southeast corner of property
located within commercial corridor as drainage easements and
provide drainage easements for any newly directed drainageway
along lot lines and provide a minimum of 15' of width for any
newly designated.drainageway to retention pond.
E) The following areas should be defined as outlots on the plat:
the open space area, plat road, portion of future east/west
access road, and areas of commercial corridor not included as
part of this current review.
Page 9 of 11
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4 2 City of ORONO
�.�.���.`■.+��-(y� RESOLUTION OF THE CITY COUNCIL
._ •
NO. 2554
F) Legal Documents required:
1. Title opinion addressed to the City. All owners,
mortgage holders or others with property interests indicated
therein shall sign the plat and all of the documents
affected by such interest.
2. The applicant must provide copies of all recorded
easements currently affecting the property.
3. Executed road and utility easements over the plat road
outlot and portion of the future east/west outlot.
4. Execution of a drainage easement over the drainage area
that drains to the retention pond in southeast, corner in
addition to the drainageways shown on plat as drainage
easements.
5. Private road and maintenance covenants. A copy has been
enclosed that is a standard covenant for the City.
Applicant may wish to combine the covenants within the
private covenants for the plat. The City also must receive
a fully executed copy of the final approved private
covenants to be filed by the City at the time of final plat
approval.
6. Complete road name request form - road name must be
approved prior to final plat approval and is a separate
action by the Council.
7. Executed Subdivider's Agreement by both the City and
applicant to contain conditions as set forth in Item 4 of
the conditions of approval listed on Pages 7 & 8 of this
resolution.
(Please note all easement and covenant forms have been sent
directly with a copy of this resolution to both applicant
and applicant's attorney.)
G) Fees to be paid: Total Due $10,300.00
1. Park dedication fee per current schedule: $400.00 for
each one acre density lot. Total fee of $10,000.00.
2.' Final plat fee of $150.00.
3. Filing fee for plat and associated documents of $150.00.
Page 10 of 11
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2554
Applicant shall pay for all of the City's legal. fees and actual
recording fees incurred in the filing of the final plat with
Hennepin County in excess of the original payment of $150.00.
6. Landscape islands at main entrance and cul-de-saced areas within
road are approved for a privately maintained road and do not meet
current City standards for public roadways.
The applicant is hereby advised that preliminary approval of this
conditional use permit for a Planned Residential Development and
preliminary subdivision shall expire one year from the date of Council
approval (December 12, 1989). If for some reason the final plat is not
filed by the deadline date specified above, it will be necessary for the
applicant to file a renewal subdivision application at half the cost of the
original application fee.
Adopted by the City Council of the City of Orono on this 12th day
December, 1988.
Jame R.Grabe , Mayor
ATTEST:
M./%llin, City Clerk
The undersigned applicant has read, understood and hereby agrees to
the terms of this resolution on behalf of himself, his heirs, successors
and assigns.
11
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Cit of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. X1,55 9/
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 198
before me a Notary Public within and for said county, personally
appeared known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
• NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this 9 ` day of1982F before me
a No ary Publi within and for said Cou ty, personally appeared
known to me to be the
persons) escribed in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
JEAN L.GERNSACHER
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
• MY commission expires April 21, 1990
MY COMMISSION EXPIRES
•
City of ORONO
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
NO. 2554
The foregoing instrument was acknowledged before me on
this 12th day of December , 19 gg , by
James R. Grabek and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota Municipal corporation and said
instrument was executed on behalf of the City.
N tar P b.l3- rr r
y r• r,h �7'�j LAURIE . CHEFFLER
NOTARY BL — MIN-c50TA
HENNEPIN COUNTY
My commission expires6.8 93
My Commission Expires
Resolution No. 2554
EXHIBIT A
Unplatted 34 118 23
'COM =aT_THE NW COR OF E • 1/2 OF NW 1/4
'LINE ;_OFr'STATE `HWY-NO 12 TH S 69 DEG
FTsTH:�N:' 2- DEG .41 MIN 23• SEC E A DIS
x,137: SEC E A DIS OF 200 FT TH S 2 DEG
`,FT•-TH;-S 87 DEG' 18 MIN 37 SEC E A DIS
SW.A%DIS,OF P.31'71/100 FT TO THE NLY-
4LOIR
NE-JO�.THE E LINE OF E. 1/2 OF NW
:a.THOF°,TH W.TO BEG EX ROAD
Property Identification Number:
•.
TH S ALONG THE W LINE THOF TO THE NLY
18 MIN 37 SEC E A DIS OF 149 05/100
OF 334 52/100 FT TH S 87 DEG 18 MIN
41 MIN 23 SEC W A DIS OF 188 93/100
OF 200 FT TH S 2 DEG 41 MIN 23 SEC
LINE OF HWY TH ELY ALONG SAID HWY
1/4 TH N ALONG SAID E LINE TO THE NE
34-118-23 21 0001
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