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RESOLUTION OF THE CITY COUNCIL
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' 2692
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'�°�������` , A R$SOLIITION APPROVING
THE GENERAL CONCEPT STAGE OF A PDD REZONING APPLIGATION �
TEAT INCLDDES A PRELIMINARY SDBDIVISION,
VACATION AND COMMERCIAL SITS P7�AN REVIEW
FII,$ NO. 1428
WHEREAS, Clifford Otten of Otten Brothers Nursery and
Landscaping (hereinafter "the applicant") on June 23, 1989 filed
a formal. Planned Unit Development • rezoning application with the
City consisting of a two-lot commercial and residential lot line
rearrangement subdivision, partial vacation of Pine Ridge Lane
and drainage and utility easements within the Ringerswood plat,
and a commercial site plan review for proposed Lot 1 of the
commercial subdivision, of the properties legally described as
Lots 1 and 2, Block 3, Ringerswood and Outlot A, Ringerswood,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in
accordance with Minnesota Statues 462.358 et. seq. and the City
of Orono Zoning and Platting Codes , the Orono Planning
� Commission held a public hearing on August 21, 1989 at which
times all persons desiring to be heard concerning this
comprehensive application were given the opportunity to speak
thereon; and .
WHSREAS, at their regular meeting held on September 11,
1989 the Orono City Council considered the application f or a
Planned Unit Development rezoning consisting of a subdivision,
vacation and commercial site plan review, noting the fol lowing
f indings of f act:
1. The property is located within an area adjacent to
Highway 12 that would be permitted special land use
consider-ations per the directives of Comprehensive Plan
Amendment No. 2 and under Sections 10.52 and 10.53 of the
Municipal Zoning Code.
2. Per Section 10.52 entitled "Special Requirements for
Rezoning in the Highway 12 Corridor Study Area" , the
application has been f ound to satisfy the standards set
forth as follows:
A) The total area of the proposed commercial portion
of the Planned Unit Development consists of
approximately 13 acres. The rezoning standards would
require a minimum of 5 acres for consideration.
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�`�R-���-� �-`- The proposed plan satisfies the objectives of the
Transportation Plan of Comprehensive Plan Amendment No.
2 as applicant has provided dedication of access for
Highway 12 and a road outlot to serve as an east/west
f rontage road.
C) Municipal sanitary sewer and water has been ordered
to serve the property. �
D) Applicant has provided detention areas on the site
and will provide more detailed drainage plans upon
approval of the general concept stage and as a
requirement of the final development stage of the PUD
rezoning. '
E) The PUD zoning and format of �development is
preferred within the Highway 12 Corridor.
F) The exterior of commercial building proposed for
Lot 1 of the commercial subdivision shall be of a
• combination of tan and dark brown concrete blocks with .
split-face stone finish with trim of dark brown and
green to match annodized aluminum with clear glazing
used through area where plant materials are maintained.
AI1 accessory structures shall be of the same exterior
finish and exterior colors.
G) Applicant shall enter into a Development Agreement
with the City to specify timing of all improvements
associated with the development and developer' s
financial commitments related to those improvements.
3. The residential portion of �the subdivision application
involves - a lot line rearrangement of existing residential
lots. Each of the newly rearranged lots satisfies the area
and lot width standards finding that each lot can continue
to be used for residential use and future construction
without the need of further variances. �
4. The proposed vacation of Pine Ridge Lane is consistent
with the directives of Comprehensive Plan Amendment No. 2 as
the applicant has dedicated a road outlot through the
commercial portion of the property for an east/west frontage
road. `
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' `'Y'�r4 ��-� proposed vacation of existing drainage and utility
easements within existing Lots 1 and 2, Block 3, Ringerswood
is acceptable as new drainage and utility easements will be
dedicated along newly created lot lines of the residential
lots. '
6. The commercial site plan for proposed Lot 1 of the
commercial portion of the subdivision has been found to
satisfy all pertinent standards of the underlying B-6 zoning
district. Per the directives of Comprehensive Plan
Amendment No. 2, B-6 zoning standards shall be applicable
for all commercial development within the Highway 12
Corridor.
NOW, TH$REFOR$ BE IT R$SOI.VED� that based upon either
one or more of the findings noted above, the City Council of the
City of Orono hereby approves the general concept stage of the
Comprehensive Planned Unit Development rezoning application for
Clifford Otten of Otten Brothers Nursery and Landscaping per the
survey entitled "Preliminary Plat", dated June 23, 1989 by
. McCombs Frank Roos Associates Inc., subject to the following
conditions:
1. Outlot C shall be realigned along the southern border of
Lot 1 to straighten out the curving of the roadway.
2. Final adjustment of lot line rearrangement of Lots 1 and
2, Block 3, Ringerswood to be finalized subject to the
approval of the zoning staff of the City of Orono.
3. The final plan must locate the eastern portion of
east/west frontage road (Outlot D, Sugars Wood) to confirm
alignment with Outlot C of current subdivision.
4. Submit new legal descriptions for commercial portion of
property to be rezoned to PUD with underlying B-6 zoning and
redefined southern boundary of RR-1B residential zoning
district - subject to review and approval by Orono.
5. If temporary (ingress only) access is approved off of
Highway 12, applicant is to submit written permit f rom
MnDot. In addition, applicant's commercial site plan is to
be amended to confirm location of curb cut approved by
MnDot.
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. ., RESOLUTION OF THE CITY COUNCI�L
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•'"���.:F�i.�r approval by Minnehaha Creek Watershed District of
all grading and drainage plans for the PUD development.
Applicant shall prepare for formal application to the MCWD
providing design storm sewer calculations for ponding areas,
grading. and drainage and soil erosion plans. Applicant
shall provide all information prepared for the MCWD to the
City offices as soon as these plans and specifications are
complete for the City's review.
7. Septic testing for residential lots is required as
original test sites have been negated with the rearrangement
of lot lines. Final a roval of lat and develo ment sta e
shall be delayed until septic testing can confirm t ere is
a�c equate area within the newly rearranged �lots to satisfy
septic code.
8. 25' of Pine Ridge Lane that abutts north lot line of Lot
1, Block 3, Ringerswood shall not be approved for vacation
by City, but shall remain as an access corridor to Lot 2,
Block 3, Ringerswood via Dickey Lake Drive. All access to
. residential lots via Highway 12 shall be discontinued with
the approval of this subdivision and PUD rezoning.
9. The City to approve vacation of drainage easements
within Outlot A, Ringerswood and to extinguish original
Conservation and Flowage Easement over said wetland area.
In exchange for the redesignation of drainage easements over
newly defined detention areas within the commercial portion
of the subdivision. The City to acquire drainage easements
over said detention ponds and drainageways within the
subdivision. Detention ponds are to be defined as drainage
easements on the plat. The width of drainage easements
shall be established by the City Engineer prior to final
plat approval.
10. The commercial site plan must reflect the following
changes:
A) All private driveways must be of a 30' minimum
width where lane also serves as a fire lane.
B) Landscaping plan - location, type and size of
plantings.
C) Detailed lighting plan - type and location.
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'�� y =�'�� Total signage plan.
E) Loading berth - size and location.
Conditions noted above and the following list of final
submittals must be submitted as part of the final development
stage of the PUD rezoning application and must be submitted to
the Zoning Administratvr 30 days prior to a regularly scheduled
Council meeting held on the second and f ourth Mondays of each
month: �
A. RECORD PLAT drawings in the form of two (2) mylar copies
and one (1) copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per survey by McCombs Frank Roos
Associates, Inc. and if amended revised plan must be
approved by City staff final to surveyor preparing
final plan.
b) . Dedication of "drainage and utility easements" 10'
• wide along all perimeter property lines and 5' each
side of internal property lines.
c) Designation and dedication of drainage easements
over all drainage ways and detention ponds within the
plat.
d) Define open space/buffer area to residential
property, east/west frontage road and property to be
deeded to City to house municipal well as outlots.
e) Show a 1 i gnment with Out 1 ot D of Sugar Wood s a 1 ong
east side of plat.
f) Dedicate additional right-of-ways for adjacent
public roadways as follows:
i. 7' additional right-of-way for Willow Drive;
ii. 10 ' additional right-of-way for Highway 12.
g) Name of subdivision.
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�.�F RESOLUTION OF THE CITY COUNCIL
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.`.., • NO. 2692
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%'"',�L�"� ` DOCUMENTS required:
a) Title opinion addressed to 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 and executed drainage easements over
detention areas and drainageways within the plat (see
sample enclosed).
d) Executed road and utility easement over east/west
frontage road, Outlot C (see easement enclosed).
e) Executed' Development Agreement by applicant and
City. Development Agreement shall identify timing of
all of the required improvements associated with the
• development and developer'.s financial commitment
related to these improvements. A final development
plan shall be attached to this agreement locating all
structures, driveways, landscaping, define use of each
area within proposed structure, areas devoted to open
space def ined in square f ootage, parking area, def ine
area to be used within Lot 2 for temporary use by
landscape operation. No signage shall be allowed on
Lot 2, only on Lot 1 where the principal use is
defined. A Letter of Credit shall be submitted with
the Developer's Agreement for all improvements not
completed by final approval of the development stage of
the PUD. The Letter of Credit shall be made out to the
amount of 150$ of the cost of the improvements yet to
� be completed.
C. DETAILED SITE PLAN suitable for recording showing the
physical layout of easements, rights-of-way, utility lines
and facilities, lots, blocks, public and common open space,
general landscaping plan, and structure.
D. SOIL EROSION CONTROL PLAN as approved by the Minnehaha �
Creek Watershed District and the Orono City Engineer. �
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;�;,: RESOWTION OF THE CITY C.OUNCIL
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��:e�� NO. 2692
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�'^}`��'"� S TO BE PAID: Total Due $6,050.00
a) Park dedication fee per current schedule:
$500 per acre = $6,500.00
b) Final plat fee = $150.00
c) Legal review and filing fees of $300. 00
(Total due $6,950.00 less overpayment of $900.00 paid with
original application fees for road) .
Adopted by the Ci:ty Counci 1 of the City of Orono, �
Minnesota at a regular meeting held this llth day of September,
1989.
i
James � . Grabek, Ma �. '
ATT ST:
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Dorothy . allin, City Clerk
STATE OF NNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this llth day of September, 1989, by James R. Grabek & 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.
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�•'"`4"� L IE K. SCH�FFLER
,���� NOTARti PUBLIC-MINNESOU
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