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Home My WebLink About#5608-Prelim plat-2007 . . ..,._ . � O _ V O O ' � - CITY of ORONO � .{ � ti �� p~' RESOLUTION OF THE CITY GOUNCIL L`�kEsKo4� rvo. 5 6 0 8 A RESOLL'TION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 95 LEAF STREET FILE NO. 07-3275 WHEREAS, BPS Properties, LLC (hereinafter the "Developer") is the owner of the property within the City of Orono (hereinafter the "City") located at 95 Leaf Street and legally described as follows: Tract C, RLS No. 843, Hennepin County, Minnesota (hereinafter the "Property"); aild WHEREAS, on February 21, 2007, the Developer filed a complete subdivision application with the City for preliminary approval of a 13 lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on March 19, 2007 the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on March 19, 2007 the Planning Commission reviewed the ap�lication and recoiniiiended on a vote of 7 — 0 that thc Council grant preliminary plat approval; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on A�ril 9, 2007, and directed staff to draft a resolution containing findings and conditions for approval of the application. The Council hereby makes the following findings with regards to this application: FINDINGS l. This application was reviewed as Zoning File #07-327�. 2. The property is zoned RR-1B Sin�le Family Rural Residential District, which normally requires a minimum lot area of 2.0 acres and minimum lot width of 200' The Property is 40.1 acres in area, of which 0.81 acres is wetland and 39.29 acres is non-vvetland area. Pa�e 1 of 10 . r .+ , . � O� O O ' �� - CITY of ORONO � : � � �� /' G�' RESOLUTION OF THE CITY COUNCI L �`9kESH�4� NO. � 6 Q 8 3. The Property is guided in the 2000-2020 Orono Community Management Plan (CMP) for single family residential use at a density of 1 unit per 2 acres. The proposed layout contains 13 lots on 39.29 non-wetland acres, for an overall density of 1 unit per 3 dry acres. 4. The Property contains a variety of natural features including wooded areas, open fields, steep slopes, wetlands, natural drainageways, and discontinuous areas of dry buildable land. 5. The proposed plat includes thirteen lots. All thirteen lots will be served via a private road to be constructed by the Developer, extending westerly off of Leaf Street. Twelve of the 13 lots will have a driveway access from the private road, Lot 1, Block 3 stands alone along Leaf Street and will require one �ew driveway access onto Leaf Street. � 6. The potential number of homes to be ultimately served by the private road is thirteen, because the road outlot will extend to the west property boundary to allow for development of an additional lot. The private road will be subject to homeowner association ownership and maintenance, and subj ect to an underlying Rcad, Drainage ard Utility Easeme::± to bP �ranted to the City, as well as a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" either as a separate document or incorporated into the development covenants. Such document is intended to allow for the addition of the lot accessing the private road at the point of Outlot B. 7. The Developer has created an outlot between the development and Watertown Road. This outlot will ccnsist of a ve�etated prairie and will contair. woo�chip walking paths, stormwater ponds and other amenities to serve the development, and will be covered by a Conservation Easement as well as wetland preservation covenants and easements, wooded area preseiti-ation covenants, drainage easements, etc. The intent is to preserve the area of the outlot in as natural a condition as possible with no buildinQs, roads or other man-made intrusions other than the wooded path and storniwater ponds as necessary to serve the development. 8. Each lot has a proposed building site meeting the RR-1B setback standards (50' front and rear, 30' sides). Page 2 of 10 �, ... . � O� O ` O ' �� - CITY of ORONO� � ;. � {, � h'��',... � �'� p'�' RESOLUTION OF THE CITY COUNCIL ��kEs�i�4� No. � � � n 9. The Planning Commission has recommended that a conservation easement be dedicated over the rear portions all properties, with the exception of Lot l, Block 3, in order to preserve the natural viewshed provided by the long slopes. 10. Due to steep slopes and the proximity to wetlands, it is critical that as much stormwater and snowmelt runoff from the development as is feasible be discharged to the proposed stormwater quality pond to be located within Lot l, Block 2, and within Outlot A. 11. The City has no current plans for trails or parks that specifically require dedication of land from this property. Because dedication of land for park purposes is not required at this location, a Park Dedication Fee in lieu of land per City Ordinance would be appropriate. 13. The applicant has submitted preliminary recommendations from Applied Ecological Services (AES) dated January 15, 2007 with regards to Conservation Design. The topics addressed by AES include forest preservation; forest enhancement and expansion; wetland preservation; wetland replacement and enhancement; vegetated buffer establishment; stormw�ater management; and ecological restoration and management. It would be appropriate and desirable that the developer adhere to the AES recommendations. 14. All proposed lots have been tested and found capable of providing suitable primary and alternate sites for on-site sewage treatment systems. For all lots, mound systems will be required. Special precautions, includin�but not limited to protective covenants as well as physical barriers during constntction activity, must be taken to protect these sites on both a short-term and long-tenn basis, as municipal sewers are not projected to be extended to serve this are�of Orono. 15. All proposed lots will contain suitable area meeting all established setback requirements to allow the construction of single family residences. PaQe 3 of 10 ti • . .r ,' � O _ V O � O - �� CITY of ORONO � � �� '�.' G~' RESOLUTION OF THE CITY COUNCIL L�kESHO�'� NO. _ � 6 n ��, CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for BPS Properties, LLC, for a 13-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronbe�g of Gronberg & Associates, Inc. dated 02/27/07 and Preliminary Grading Plan and SWPP dated 02/27/07 and attached hereto as Exhibit A, subject to the following conditions: 1. Conservation Easements for the protection of wetlands, steep slopes, woodlands, and open spaces shall be established over outlot B and the rear portions of all building lots (exact dimensions to be determined) to be shown on a Conservation/Preservation Plan drawing. Developer shall submit proposed Conservation Easement language for Council review and acceptance, specifying the proposed conditions and limitations to be placed on the specific areas noted above. The easement shall incorporate as a minimum, the followir�g elements: no structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement; creation and maintenance of non-hardcover walking paths may be allowed. Permanent markers of a design and material acceptable to the Planning Director shall be placed at all points where the Conservation Easement intersects a lot boundary or where the Easement boundary line changes direction. 2. Prior to final plat approval, the developer shall submit an Ecological Restoration and Management Program developed by a qualified ecologist, for city acceptance. Such Program shall be implemented and adhered to, subject to a Developer's Agreement to be executed between the Developer and the City. 3. Limitations on I�ldividual Lots. Conservation areas within individual lots shall be surveyed and located on a plat drawing to be filed in the chain of title of each property with a covenant specifically providing for the preservation of these areas. 4. All areas delinezted as tivetlands as shown on the preliminary plat drawin� shal? be subject to the standard Wetland Buffer, Conseivation and Flowage Easement, and shall be subject to the wetland buffer requirements of the Zonin� Code. Page 4 of 10 � O� O 4 ' � CITY of ORONO ,a a� � ��t '�r �G~' RESOLUTION OF THE CITY COUNCIL `gkESH�4 NO. � � � �,� 5. The Developer shall establish covenants providing that the homeowners association will be responsible for all future maintenance of the stormwater ponds and facilities. 6. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 7. Developer shall create a private road on the Property providing access to Leaf Street. Approval is subject to provision of the standard Road, Drainage and Utility Easements to be granted to the City over the road outlot. The Developer shall establish a homeowner's association as well as the necessary road maintenance agreements, etc. to ensure that the private road will be maintained to reasonable standards at all times by a homeowner's association, and that failure of that private group to so maintain their private road will be cause for the City to accomplish needed maintenance and to assess the benefited properties for the direct cost of such maintenance. The private road shall be subject to a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" either as a separate document or incorporated into the development covenants. The private road shall be constructed to a 28-foot paved width curb-face to curb-face. The private road may be designed to preserve existing vegetation, subject to approval of the City Engineer. Final road design plans indicating the extent of the curb and gutter system shall be submitted for Council review prior to final plat approvaL 8. Development Fees A. Park Dedication Fee. The development is subiect to the standard Park Dedication Fee requirement. Because the value of each newly created lot will be in excess of the threshold value of $69,375,00 the 8% park fee cap of $5,550 per lot will apply. Park dedication fee will be 121ots x $5,550= $66,600. B. Storm Water and DrainaQe Trunk Fee. The development is subject to the standard Storm Water and Drainage Trunk Fee of $3,0�0 per acre x 40.1 gross acres = $122,305. 9. City Engineer Approval. Approval is subject to the on�oing recommendations of the City Engineer. Page5of10 � O� O 4 ' � - CITY of ORONO � �:� � RESOLUTION OF THE CITY COUNCIL �L�kESH04�G NO. � � (� � 10. Plans and Speci�cations. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish the intended purposes: a) Final overall layout for all primary and alternate sewage treatment system sites and proposed well locations. b) Final grading, drainage and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. c) Conservation/Preservation areas plan depicting all areas subject to protective covenants and easements. d) Engineering details and design for any proposed retaining walls. e) Road construction plans including proposed plan and profile views, typical street section, geotechnical report, R-value recommendation and pavement design. fl Sufficient detail to meet the recommendations of the City Engineer. 11. Other Easements. a) Drainage and Utility Easements shall be dedicated to the public on the final plat 10' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate draina�e where required, subject to City staff approval. b) A Wetland Buffer, Conservation and Flowage Easement shall be granted to the City of Orono over all delineated wetlands on the property. Wetland buffer maintenance agreements shall similarly be established. c) A Road, Drainage and Utility Easement shall be �ranted to the City of Orono over the private road Outlot. Page6of10 •� h' . � � O� O , O - ��..- � C ITY of ORONO � � �� '��/` G~' RESOLUTION OF TH CITY COUNCIL ��kESH�4� N0. ;� � f? �' d) A "Declaration of Covenants, Conditions, Restzictions and Private Roadway Easement" shall be executed either as a separate document or incorporated into the development covenants. 12. Developer's Agreement. Developer shall execute a Developer's Agreement for construction of improvements on the Property to ensure all site improvements are installed to the City's specifications and satisfaction. Said Developer's Agreement may contain additional conditions not noted in this Preliminary Plat Approval resolution. No land alterations can take place until erosion control is established and the City is in receipt of a final grading and road plan. No improvements can begin until the City Engineer has approved all improvement plans. A Letter of Credit must accompany a fully executed Developer's Agreement written to 150% of the cost of the proposed site improvements, including any required landscaping. No building permits will be issued until all drainage facilities and improvements have been installed and satisfactary road base has been installed. FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning Director 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 (2) mylar copies (one copy for the City's records and one for filing with Hermepin County) and one (1) copy reduced to 1" =200'. Drawin�to includP: A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg dated 2/27/07 attached hereto as Exhibit A, except as modified herein. B. Dedication of"drainage and utility easements" 10' along exterior property lines and 5' along the interior property line. C. Dedication of areas shown as wetlands. D. Dedication of"Drainage Easements" over all drainageways. E. Namin� of plat. Page 7 of 10 � I . ,+ .• � O� O O ' �� CITY of ORONO �� - � �� RESOLUTION OF THE CITY COUNCIL �L`�kES�I��`�G NO. � C� (� �' 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage �olders 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 Road, Drainage and Utility Easement and Declaration of Private Covenants, Conditions, Restrictions and Private Roadway Easement for maintenance of same over the private road Outlot. D. Signed Wetland Buffer, Conservation and Flowage Easement to be granted over all delineated wetlands on the plat, and signed Wetland Buffer Maintenance Agreement. E. Signed Conservation Easement to be granted over Outlot B and the other areas noted herein. F. Signed Developer's Agreement. G. Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. H. Signed and executed Covenants for Protection of Drainfield Sites. 3. Plat approval fees to be paid: Total due: $189,435. A. Final plat fee = $250.00 B. Legal review & filing fees for subdivision and associated documents: $280.00 C. Park Dedication Fee: $66,600.00 D. Stormwater and Drainage Trunl: Fee: �122,305.00 Paae 8 of 10 '. , . . � O ' V O O ' �� - CITY of ORONO � � ��:�� G RESOLUTION OF THE CITY COUNCIL L�kEs�IOg'� NO. — � � � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23Td day of April, 2007. ATTEST: � � , �� -�� y� L��- Lin a S. Vee, City Clerk � Jame 1V1. White, Mayor \ � � � � 6� . �,4,�@J�✓ �' 0 - �? ,� Property Owner �� (� (Representative of BPS Properties LLC) Page 9 of 10 � o� o , o -��g .� CITY of ORON4 � � �� ,` G~' RESOLUTION OF THE CITY COUNCIL ��kESI3�4� NO. ?� � (� � STATE OF MINNESOTA COUI�TTY OF HENNEPIN �—`''�� ' a The foregoing instrument was acknowledged before me on this � day of -��l-'�'`�, 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ��" ' RACHEL DODGE � /�k � � /�� ` . NOTARY PUELIC-MINNESOTA Notary Public ,�,1��` �:;;s,.� My Commission Expires Jan.31,2010 � -� — STATE OF MIIv'I�tESOTA COUNTY OF HENNEPIN �y� � n The foregoing instrument was acknowledged before me on this ��day of__'�.=L 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota muriicipal corporation and said instrument was executed on behalf of the City. -� �, � ;; �,� � �1 - <_ ,�-� /�- - . �ACHEL DODGE �� .�-.�� °'�'�'�i�� NOTARY�UELIC-MINNESUTA � �,, ��i "J� Commission Exoires Jan 31,2010 NOt3T'y PUbI1C �cr�;:�;,' Y i>.e'y"�--�•�' STATE OF MINNESOTA COUNTY OF HENNEPIN � This instntment was acknowledged before me this day of , 2007 by � I , the General Manager of BPS Properties, LLC, a Minnesota Limited Liability Corporation, on behalf of the Corporation. Notary Public PaQe 10 of 10 � � � ... \ I :.::::. �w� I f[Evxoua W[Sr If\�..^��— vAwoniw.Naeia�pTHIINEOFIlEiN. . Z�vMj� • 1Q25,y \ E�1s.in-a�__— a Z _. _._ --.___-_._____.___�-__-__— S �e � _- — • .sTQ� L__�, WATERTOWN OAD — .«+�eaoF HiGo LAPIE a ��i„�—,p,o�r,�4o. — �E�s.��,.:� �g ui� :..�REs - �"'��:--- —�_-- LLI z . � ,-_ - - � .., PRELIMINARY PLAT FOR Y � �%Tlii 1- a� < � � � ' � t ��/�1`d�%�i�� :�.�� j B P S PROPERTIES, LLC o°=LL � „ �'\i'3 , , so 994��:�' . �,��,,� I II �i'�/ 1�' -�v ' ;��;� _ OF TRACT C, R.L.S. 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