HomeMy WebLinkAboutResolution 3051y_O`V
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3051
ARESOLDTION GRANTING
PRELIMINARY APPROVAL OF A
CLASS III SUBDIVISION,
PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A)
CONCEPTUALLY APPROVES A CONDITIONAL USE PERMIT FOR A PRD
OF 13 RESIDENTIAL UNITS AND
AN AMENDMENT OF THE COMMUNITY MANAGEMENT PLAN
FILES 1691 & 1702
WHEREAS, the City of Long Lake (hereinafter "the applicant")
filed a formal subdivision application, conditional use permit for a
Planned Residential Development and a Comprehensive Plan Amendment with the
City of Orono (hereinafter "City") on September 23, 1991 for the purpose of
platting 13 residential units, open space outlot and public road. The
property is legally described as follows:
See Exhibit A, attached to this resolution, (hereinafter "the
property") and;
WHEREAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 and the City of Orono Zoning and Subdivision
Codes, the Orono Planning Commission held public hearings on October 21,
1991 and November 18, 1991 at which times 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 25, 1991 the
Orono City Council (hereinafter "Council") considered this subdivision
application, conditional use permit and comprehensive plan amendment and
directed staff to prepare a resolution of preliminary approval; and
WHEREAS, at their regular meeting held on December 9, 1991, the
Council again considered this comprehensive land use application noting the
following findings of fact:
1. The property is currently zoned RR -1B, single family rural
residential. The district is intended to allow a combination 'of
low density residential development and limited agricultural
activity.
2. This property consists of 24-1/2 acres, 9.7 acres of wet areas
that include the Long Lake Creek and a former sewage treatment
pond that has now reverted back to the original wetland.
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C� RESOLUTION OF THE CITY COUNCIL
��kESH0 NO, 3051
3. The existing dry buildable area equals 14.8 acres.
4. The dry buildable land consists of both f lat and steeply sloped
topographies. Long Lake Creek intersects the property along the
west side. The former sewage treatment pond, now wetland, is
located in the middle, surrounded on the north by the MWCC
property, on the west by the Long Lake Creek, and the south and
east by the only dry land corridors.
5. In the early 1960's the City of Long Lake acquired the property
for the purpose of installing a sewage treatment pond. During
the time of Long Lake's attempt to acquire the property, there
was much opposition voiced by surrounding property owners both
within Long Lake and Orono. The City of Long Lake commenced a
condemnation action but matters were resolved between the two
cities out of court and the City of Long Lake completed the
installation of the treatment pond. This treatment pond also
• received waste or sewage from sewered properties within the City
of Orono.
6. In the early 1980's the use of the sewage treatment pond was
discontinued as all sewer lines were to be now taken over by the
Metropolitan Waste Control Commission and the system now part of
the Metropolitan Service network.
7. Sometime in 1982 a 1/2 acre parcel was divided from the original
25 acre parcel and deeded to the MWCC for the purpose of
maintaining the lift station. A 16" force main runs from the 1/2
acre parcel with the lift station at the north end of the
property to the south to Orono Orchard Road. The force main is
located within the area of the current driveway that serves the
property.
8. Since the acquisition of the property, the City of Long Lake's
Public Works Department has also used the site for outside
permanent or temporary storage purposes.
9. At some point in the mid 1980's the Councils of both cities
commenced informal discussions concerning a future residential
development of the property and various schemes of development
were discussed.
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3051
10. On February 26, 1990, Long Lake filed with the Minnesota
Municipal Board a petition for the concurrent detachment and
annexation of the property to the City of Long Lake pursuant to
Minnesota Statutes 441.06, Subdivision 5. Then on March 28,
1990, Orono filed its response in opposition to the petition of
Long Lake.
11. The petition for annexation is presently pending before the
Muncipal Board.
12. In July of 1991, both cities entered into a settlement agreement
whereby it was hoped that both parties would resolve the
annexation position of Long Lake without further litigation and
the parties agreed as follows:
Long Lake shall forewith file an application for
rezoning and subdivision approval of the subject
• property with Orono for the development of 13 lots as
described.... As part of the application for rezoning of
the subject property, Long Lake agrees to extend sewer
and water to the subject property which shall be
chargeable against Long Lake's allocation for sewer and
water units .... upon receiving all appropriate filings
from Long Lake for subdivision, rezoning and
comprehensive plan amendment; Orono shall commence its
required procedures to file an application with the
Metropolitan Council to amend the MUSA line and shall
work with the Metropolitan Council to expeditiously
process that application. Orono agrees to process all
aspects of the rezoning and subdivision application
simultaneously with the processing of the application
for amendment of the MUSA line with the Metropolitan
Council.
13. The comprehensive land use application does not include a
rezoning application but rather a conditional use permit for a
Planned Residential Development pursuant to Section 10.32 of the
Orono Zoning Code.
14. Per Section 10.32, Subdivision 2:
Allowed per total acreage = 12 units (total acreage = 24.5
acres)
• Proposed = 13 units
Variance = 1 unit
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _3051
15. Per Section 10.55, Subdivision 15 (A) (3), the applicant seeks
credit of wetlands and lagoon areas based on the sewering of the
property.
Proposed 13 unit PRD requires a minimum of 13 acres dry
buildable land based on RR -1B zoning.
Existing dry buildable = 14.8 acres
Wetlands area = 9.7 acres.
16. Section 10.28, Subdivision 5 (B). RR -1B Zoning Standards:
Total area required for 13 unit PRD = 1,132,560 s.f. or 26
acres
Total area = 1,067,220 s.f. or 24.5 acres
Total area variance = 65,340 s.f. or 1.5 acres
17. The following findings have been cited in regard to the area
variance sought by applicant:
a. The proposed 13 unit density for the Planned Residential
Development was agreed upon in a settlement agreement
between the cities of Long Lake and Orono.
b. Based on the PRD format of development, applicant could
obtain 1-1/2 acres of adjacent wetlands credit to achieve.
total acreage requirement. The wetlands to the west within
the City of Long Lake cannot be developed based on current
restrictions of other regulatory agencies.
18. The proposed comprehensive plan amendment that involves the
extension of sewer and water to a rural zoned property is
consistent with previous comprehensive plan amendments of the
City whereby the extension of municipal services has not involved
an increase in densities but rather retains the current rural
residential standards for development.
19. Section 10.55, Subdivision 8 prohibits any encroachment of a
defined wetlands nor within a 26' setback from that wetland. The
application involves the westward expansion of a public roadway
into a designated protected wetlands.
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RESOLUTION 03051E CITY COUNCIL
�kESH0 NO.
20. The following findings or hardships can be cited in regard to the
encroachment of the road into the designated wetland:
a. Steep topographies along east side of plat road would result
in major land alterations if road was to be constructed to
the east rather that the west.
b. Location of mature evergreen trees along east side of
existing/proposed road.
C. Based on the topography and location of lagoon, the only
other alternative for access to this property would be via a
private road in the City of Orono.
21. Applicant has been required to submit a storm water management
plan. Such plan shall conform to the Minnehaha Creek Watershed
District's standards. Applicant will be required to install a
detention pond within Lots 11 and 12, Block 2 located to the
north of the property.
22. All lots shall be served by the new public road, Fleming Trail
•
and Fleming Circle. Lot 1, Block 1 shall achieve access via
Orono Orchard Road.
23. The applicant has proposed a PRD plan for development of the
property based on the unique topographical contours and physical
characteristics of the property, specifically the configuration
of the contiguous dry buildable.
24. The entrance to the subdivision has been installed so as not to
impact the existing residential homes on the south side of Orono
Orchard Road.
25. Special setbacks and landscaping have been proposed adjacent to
existing residential development within the City of Orono that
will lessen the impact of this Planned Residential Development
upon the adjacent properties that have been developed via a
conventional plat at 2 acre + rural densities.
26. The cities of Long Lake and Orono shall develop restrictive
covenants to be filed against the Chain of Title of these
properties so that the criteria or standards developed for the
future development of this property shall ensure the protection
of the surrounding rural properties in Orono and the future
owners of the properties within the Fleming Trail Addition.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3051
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 Fleming Trail Addition as presented by
the City of Long Lake per plat drawings by Jeffrey Roos of McCombs Frank
Roos Associates dated September 19, 1991, revised December 4, 1991,
conceptually approves a comprehensive plan amendment that would realign the
Metropolitan Urban Service Area boundaries by extending water and sewer to
the rural area, conceptually grants a conditional use permit for a Planned
Residential Development of 13 single family detached dwellings, and further
grants a variance to Section 10.55, Subdivision 8 that would permit
encroachment of an expanded public road into the protected wetlands within
Outlot A and a variance to Section 10.28, Subdivision 5 (B) and Section
10.32, Subdivision 2 granting an area variance to the total acreage
required for the 13 unit PRD of 1.5 acres where only 12 units would be
allowed at 24.5 acres, subject to the following conditions:
• 1. Outlot A shall be set aside as area credit for the 13 unit
Planned Residential Development known as Fleming Trail Addition.
Applicant shall create open space, flowage and conservation
easements over said outlot that contains Long Lake Creek and
former lagoon site. Samples of such easements have been enclosed
for applicants use. (These have been sent directly to the
attorney for Long Lake's review.)
2. Outlot B shall serve as access to MWCC lift station and
pedestrian access to the north via existing railroad viaduct.
3. The cities of Orono and Long Lake to complete the drafting of
restrictive covenants that would develop the controls and
criteria for the future development of this property. Such
covenants to be in an acceptable form for filing with final
subdivision resolution and final plat mylars.
4. Designation and dedication of 33' of right-of-way for Orono
Orchard Road.
5. Fleming Trail and Fleming Circle to be designated and dedicated
as public roads on the plat.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`9$ESIi0g' NO. 3051
6. Dedication of drainage and utility easements 10' wide along all
perimeter property lines, 5' each side of internal lot lines and
10' along the front street lot lines of each lot.
7. Appropriate easements to be taken over utility and
drainageways not included within public road rights-of-way or
drainage and utility easements as noted in Item 6 above.
8. All wetlands and detention/retention areas within each
residential lot to be designated as drainage easements on the
final plat. This shall include Outlot A that consists of Long
Lake Creek and the former lagoon.
9. Final annexation of this property shall not alter the municipal
boundaries as they currently exist to Orono Orchard Road.
10. Applicant's consultant to develop a final development plan that
• will include all necessary information for the development of
each residential lot. The development plan shall be referenced
in the private covenants and included as an exhibit with these
covenants. The development plan shall be kept as part of the
official records of the City of Long Lake to assist future
developer and property owners.
11. 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. These submittals are as follows:
A. RECORD PLAT drawings in the form of three ( 3 ) mylar copies
(one copy for each of the cities and one for filing with
Hennepin County) and one (1) copy reduced to 1"=20010
Drawing to include:
(a) All items as specified in the conditions noted above.
B. Executed open space/flowage conservation easement over
Outlot A.
C. Access and utility easments to be taken over Outlot B to
ensure control of City of Long Lake. (City of Orono will
provide sample easements if desired.)
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ 3051
D. Final plat fees.
Total Due: $300.00 (final plat fee = $150.00,
filing fee for plat and associated documents
$150.00)
Applicant is further advised that if this property is to be developed
by persons other than the City of Long Lake that to ensure all
required improvements are installed to the City of Long Lake
standards, that applicant require said person or persons to execute a
Developer's Agreement and post acceptable security.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held this 9th day of December, 1991.
a A. Peterson, Mayor
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this . 9th
day of December, 1991, by Barbara A. Peterson & Dorothy M. Hal lin, Mayor &
City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
EeLINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8-1288
POP~
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Notcatky Public
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RESOLUTION #3051
• EXHIBIT A
Legal Description of Property:
All that part of the southwest 1/4 ofthe described west 1/4 of
Section 35, Township 118, Range 23.
Commencing at a point 953 feet North of the Southeast corner of
the Southwest 1/4 of the southwest 1/4 of said Section 35;
thence North to the Northeast corner of said Southwest 1/4 of
the Southwest 1/4; thence West to the Northwest corner of said
a point
Southwest 1/4 of the souehw�1thwe'st corner ofSouth4- thence o
said Southwest
13.38 chains North of th
I/4 of the Southwest 1/4; thence southeasterly along the center
Long
line of the
Lake -Orono Road to a point 838 feet
on with
Northwesterly along said cen�nr39int"ence Northeasterly1111i 8
the south line of said Sec,i
feet to the place of beginning.
All that part of Government Lot2, Sectiof onn35? Township 1181as
Rance '23, County of Hennepin,of
follows: Commencing at theinlc�thernoRailroad (formerlysectin of the north lineSt.
the right-of-way of the Great
the
Paul, Minneapolis and Manitoba sRailroay)tolahpoint W9.52lchains
aid Government Lot 2, thence
n.
V.,orth of the southwest corner
the south not ntheprightwof-waY
point is the intersection of _
of the aforesaid rail road witsaideright--cfwest nway 7.52dchains,
nnent
Lot 2; thence easterly along
thence south to a point on ohetheusouthwest line fcorner said Gthereof;
Government
Lot 2 and 7.27 chains
east
thence east on said southlin
linee
thence north on the east of osand Government e southeast cLot e21ttor�
its
intersection with the north Ii.nethe northaid Great
line ofrsaidnrailroad
Railroad, thence westerly along and reserving right -o' -way
to the point of beginning, the _ gland
be 7
of said Great Northern Railrod, all
ant in faovoroftheS tate
a
subject to that certain highway ea
1588801, files of
of Minnesota described in Document No.
Register of Deeds, and that c�ibedninaDocumentsement nNoav274586pGreat
Northern Railway Company des
Files of the Register of Deeds.
That part of Government Lot 2, Section 35, Township 1181Range
23, lying East of the West 479.82 feet and southerly
of the
Burlington Northern Railway.
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