HomeMy WebLinkAbout#4852-general concedpt plan-2002 � � �
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A RESOLUTION APPROVING THE
GENERAL CONCEPT PLAN
FOR PROPERTY LOCATED AT
"2550" WAYZATA BOULEVARD
F'ILE N�. 02-2789
`VHEREAS, Dahlstrom Development LLC (hereinafter the "applicant") has an
interest in property located at "2550" Kelley Parlc�vay within the City of Orono (hereinafter the
"City") and legally described as follows:
Outlot B, �Villow Properties Addition, Hennepin County, Minnesota,
except Parce1201 and 201 a Minnesota Department of Transportation Right
of `Vay Plat No. 27-57.
(hereinafter the "property"); and
�VHEREAS, the property is located in the Highway 12 Corridor Study Area for
which the City has established special requirements for rezoning and development per
Municipal Code Section 10.52; and
`VHEREAS, the City of Orono Highway 12 Planned Unit Development (PUD)
ordinance (�Iunicipal Code Section 10.53) requires a multiple step approval process for
properties developin� via the PUD process; the General Concept Plan approval sta�e is the first
step in the process followed by the Development Plan approval stage; and
�VHEREAS, the applicant has requested General Concept Plan Approval for
Planned Unit De��elopment of this approximately 51-acre property. Proposed is a rezoning from
RR-1B, One Family Rural Residential District to RPUD Residential Planned Unit Development
District for construction of 167 residential multi-family d�velling units on approximately 41
ac:�s of the site, and creation of rivo commercial outlots on the remaining 10 acres to be
de�-eloped at a later date; and
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WHEREAS, the Orono City Council makes the following findi gs in regard to
this a plication for rezoning and PUD/RPUD General Concept Plan approval
� FINDINGS
A. Communitv Mana�ement Plan Conformitv; Rezonin�
1. This application was reviewed as Zoning File #02-2789.
2. The property is currently zoned RR-1B One Family Rural Re idential Zoning
District, requiring a minimum residential lot size of 2 acre . The property
consists of approximately 51 acres.
3. The proposed use of the property is consistent with the O ono 2000-2020
Community Management Plan (CMP) guiding of the property orth of Kelley
Parkway for attached residential dwelling use, and for comme cial office uses
south of Kelley Parlc�vay.
4. The proposal locates Kelley Parkway consistent with the CMP i tent for a single
tier of commercial office uses between Kelley Parkway and H' way 12, with
no direct access to Highway 12. The proposal creates two outl ts for potential
commercial use between Kelley Pazkway and Hi?hway 12.
5. Because the properiy south of Kelley Parkway is guided i the CMP for
commercial office use, that property should be rezoned con istent �vith the
intended and guided use. At this time the applicant does not have a specific
proposal for development of the commercial office outlots. The ost appropriate
zone for the intended commercial office uses is B-6 High ay Commercial
District. The B-6 District was specifically created to acco odate the uses
guided by the CMP for the Highway 12 corridor. The B-6 istrict primarily
allo�vs non-retail uses such as offices, banks, libraries and m tels/hotels, and
allo�vs Class I restaurants only as a conditional use. Rezoning t e two proposed
commercial outlots to B-6 would be appropriate at the time of D velopment Plan
Approval, regardless whether the outlots have been proposed r specific uses
at that time.
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6. North of Kelley Parkway, the proposed mix of units and pric points includes
56 rambler townhomes at $450,000-plus per unit, 47 two-sto townhomes at
$325-350,000 per unit, and 64 Lofts condominium units at $22 -250,000. This
mix of unit styles and pricepoints provides housing options gen rally consistent
with the City's intent for this property and consistent with he Community
Manajement Plan (CMP).
7. In the CMP's Housing Action Plan six "implementation policies' are presented.
Policy 3 on Pa�e 3C-2� reads in part as follows:
"3. Orono �vill encouraae developers to provide a variety of ho sing types and
cost ranaes. Whenever a multiple family or clustered housin development is
proposed, Orono �vill actively encourage setting aside a reaso able number of
units for large families and/or for low and moderate income fa ilies. Orono will
participate and assist developers in applications for loan gu antees or other
suitable forms of housing subsidy aids which may be availab e...."
Council finds that it would be appropriate for the Developer o suggest and
implement methods for making a number of the units available at price points
nearer the Metropolitan Council's `affordable' standard, and to p pose methods
to price a number of units within the "affordable"price range, und r Met Council
or other criteria, given that the overall density requested is at the ery top of the
City's intended 3-6 units per acre density range.
. The property is within the only area of Orono guided by the C for a density
range of 3-6 units per dry buildable acre (including use of th north half of
Kelley Parkway for density credit). The proposed density of 1-st ry and 2-story
townhome units if considered separately is 4 units per acre as proposed.
Similarly, the density of the Lofts condominium units is approxi ately 18 units
per acre as proposed. Combined, the proposed overall density is 6 units per dry-
buildable acre, within the 3-6 unit per acre range established in t e Community
ManaJement Plan (CMP).
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9. The Lofts are a type of housing needed to meet the City's ho ing goals. The
proposed location is appropriate for this type of housing in terms of visual impact
and impact on adjacent uses.
10. The proposal meets the intent of the CMP in terms of housing density, housing
types, and mix of units. The proposal provides for multi-family ached dwelling
_ units at a density of 6 units per acre which meets the density gui elines proposed
by Orono and accepted by the Metropolitan Council.
11. Rezoning the portion of the property north of Kelley Par ay to RPUD
Residential Planned Unit Development is appropriate based on he multi-family
residential nature of the proposal, which meets the following eneral purposes
of the RPUD District: �
a) incorporates flexibility in land development and redevel pment in order
to utilize new techniques of building design, const ction and land
development;
b) provides lifecycle housing with the potential to meet affordable and
moderate cost housing needs;
c) incorporates energy conservation through the use of a ached building
designs and th� clustering of buildings and land uses;
d) preserves desirable site characteristics and open spa e and protects
sensitive environmental features, including sensitive we and areas;
e) provides design compatible with surrounding land uses including both
existing and planned;
fl results in a sensitive development in the transitional azea located between
single family uses to the north and commercial uses to the south along
the Highway 12 corridor; and
g) yields development which is consistent with the Compr hensive Plan.
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B. Site Planning & Amenities: Transnortation; Miscellaneous
12. Platting of the portions of the property south of Kelley Parkwa as outlots for
future commercial office use as guided in the CMP is acceptabl given that the
developer has no specific users identified at this time. T e Developer's
schematic drawings showing how the outlots could feasibly be de eloped should
become a part of the record as an indication of the viability of aid outlots for
their intended use. Developer and City in making decisions a out the nature
of Kelley Parkway should keep in mind that future uses south of elley Parkway
will most likely be non-residential in nature.
3. The Lofts will be 3 stories in height and will exceed the 30' RP height limit
for multi-family buildings. The estimated visual peak height wit a 4/12 pitch
will be approximately 40' above finished grade as viewed from e south. The
`defined height' similarly will be approximately 40'. A low-pitch d roof of 4/12
or 5/12 should be designed for the Lofts in order to limit the vi ual impact of
the excess height. All residential buildings including the Loft should have
pitched roofs rather than flat roofs to maintain a rural residentia character.
4. The proximity of the Lofts to the Orono Public Works facilities ill require that
substantial measures be taken to limit the impacts of the City f cilities on the
residential use. Such measures may include buffering, special setba s,disclosures
to prospective buyers, etc.
5. The proposed commons open spaces are a positive feature and sho ld be included
in the final development plan; these features include but are not limited to:
- The Plaza and northerly green areas providin� substantial sep ation between
the two Lofts buildings;
- The open green area north of rivo-story to�vnhomes #15-19;
- The traffic circle at the center of the site (pedestrian access s fety concerns
must be addressed);
- The commons oval surrounded by 2-story townhomes #39-47 with possible
tot-lot;
- Bus-stop/pond overlook on south side of Kelley Parkway acr ss from main
entrance;
- The various linear trails and water features shown on the concep plan attached
as Exhibit A-1;
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- The interior spaces of the three cul-de-sac loops; �
� - The wetland areas shown as open space on the Concept Pl .
Additionally, the stormwater pond has potential to be a signifi ant open space
amenity for both the residential and commercial development of e property, and
conditions for development of the commercial outlots should e established to
protect the perimeter of the pond from commercial developme t encroachment
to enable pedestrian amenities and a trail around the perimeter of the pond.
� 16. The proposed open space areas within the development will e private open
spaces, and will be maintained by the homeowners association. ese spaces need
to be high quality spaces, and the overall landscaping plan mus be of similarly
high quality. Further, site layout, building orientation and desi , and buildinJ
separation distances must be considered by the developer to m tain the `open
space' chazacter intended by the City for this development.
17. Interior private street lighting should be at a low level con istent with the
surrounding rural residential character while providing the ne essary level of
security, and will be maintained by the homeowners associati n. Public street
lighting along Kelley Parkway will be provided by the developer, hen maintained
through standard agreement between the City and the appropri e public utility
company.
1$. There are no identifiable public parkland needs at this loca ion other than
extensions of the City's public trail system along Willow Drive d Highway 12.
However, development of the proposed housing and future devel pment of office
uses will generate additional use of existing City park facilities in the area. On
the basis of the Developers' statement that the public trail e ements will be
granted without requesting a park fee reduction, Council finds th t no park lands
need to be dedicated and the park dedication should be in the orm of a Cash
Contribution in Lieu of Lands as allo�ved by the Municipal Co e.
19. The City Council finds that it would be prudent to conduct a traffic study as
soon as possible to determine the impacts of this plan on roads d intersections
outside the development, to review internal circulation, and to de ermine �vhether
specific revisions to the proposed development plan or ffsite roadway
improvements are required, either as a direct result of this dev opment or due
to conditions not directly related to this development. Develop r has indicated
a willingness to pay an appropriate share of the costs of this s dy.
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20. While the proposed overall level of parking at 4 stalls per unit (ncluding garage �
spaces, driveway spaces and on-street defined parking) is do le the amount
, required by code, the Council finds that it would be appr priate that the
�i developer give special attention to providing adequate parking fo the anticipated
residential uses.
21. The City's goals in terms of pedestrian transportation for is development
aze to provide functional and safe walkability within the resident'al development;
to connect the residential development with existing or future trai s and sidewalks
providing access to surrounding areas; to provide walkability for commercial
users to easily access nearby commercial or public areas; and t provide a safe,
continuous separated bike trail approximately parallel to High ay 12 with no
driveway crossings between Willow Drive and Old Crystal Bay oad. This bike
trail is likely to connect westward along Highway 12 to the Ci 's `Lurton' pazk
property in the future.
22. Stormwater management is proposed to be provided by stormw ter catch basins
and storm sewer lines as well as open swales which will disch ge to a regional
storm�vater pond to be located between Kelley Parkway and Hig ay 12 between
the two commercial outlots. This regional pond is proposed y the developer
'�I as an expansion of the existing MnDOT stormwater ponds t this location,
requiring MnDOT approval. The City agrees to work with OT and the
developer to gain MnDOT approval for this pond expansion. addition to the
City of Orono, MnDOT and the Minnehaha Creek Watersh d District have
approval authority over the applicants' stormwater management plan.
23. The City recognizes that approximately 1.4 acres of Wetland onservation Act
(WCA)-protected w�etlands will be impacted by filling or exca ation with this
project. The conceptual �vetland impact plan provided by the ap licant indicates
those areas impacted are primarily linear wetlands along ditch lin s, small pockets
of wetland sepazated from the major wetlands on the site, or po ions of wetland
fringe. The City Council finds that these impacts appeaz to be inimal and can
be suitably mitigated by compliance with rules of the M nnehaha Creek
Watershed District and the provisions of the Wetland Conserv tion Act which
is administered for Orono by the MCWD.
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24. Because the City has not adopted a specific streetscape plan for elley Parkway,
it would be appropriate for the developer to submit a streetscape proposal to the
City for consideration. Such a plan should not include a center median
in Kelley Parkway, but should include substantial vegetation and provide a
"parkwa}�' character that is pedestrian oriented while mainta' ' �o functional
access for the commercial and public uses that will also be se ed by Kelley
Parkway.
5. The City's goals for the internal residential road system are that it be privately
owned and maintained; designed to adequately accommodate no al residential
traffic as well as emergency and service vehicle traffic; an be safe and
comfortably walkable for pedestrians. The City will herein esta lish minimum
acceptable internal road standards, and will encourage the provisi n of sidewalks
where feasible and appropriate to minimize pedestrian and traffi conflicts, and
to connect residences with on-street parking areas. Internal pede trian ways aze
intended to be privately owned and maintained.
6. The applicant has provided General Concept Plaris attached to his Resolution
as EYhibits A-1 through A-6 including:
A-1: Sheet C2.1 - Concept Plan submitted 8-12-02
A-2: Sheet C2.3 - Conceptual Desi� Guideline Plan sub itted 8-12-02
A-3: Sheet C2.4 - Conceptual Desi� Guideline Plan sub itted 8-12-02
A-4: Sheet C5.1 - Conceptual Plat submitted �8-12-02
A-5: Sheet C3.2 - Conceptual Wetland Impact Plan sub 'tted 6-24-02
A-6: Sheet C2.1 a - Altemate Concept Plan (Kelley Parkwa located north
of MnDOT pond property)
Applicant has also provided additional preliminary plans not a ached hereto.
Council finds that the plans submitted are generally sufficient o indicate the
intent of the developer and the potential impacts of the project.
7. The City Council finds that the development of this property st set a high
standard for the quality, character, context and compatibility o development
desired by the City for Kelley Parlctivay. While Orono has not c eated specific
design guidelines for commercial or residential development withi the Hi?hway
12 comdor area, minimum standards for site design and buildin construction
have been incorporated into the applicable zonin; codes. In order to ensure that.
development of the property will result in an expression of Oron 's open space
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character and image, City Council will herein establish minim Concept Plan�
Approval conditions to be met by the developer in order to ga n Development
Plan Approval.
28. The City Council finds that the proposed rezonin� and proposed development of
the property for mixed multi-family uses is appropriate for the p operty, will not
have negative impacts on the surrounding properties when al Concept Plan
Approval conditions are met, and is in keeping with the goa s, policies and
philosophies of the City.
CONCLUSIONS, ORDER AND CONDITIONS
NO`V, THEREFORE, BE IT RESOLVED that the City Cou cil of the City
of Oro o hereby approves the General Concept Plan for development of the pr perty at "2550"
Wayza a Boulevard by Dahlstrom Development, LLC subject to the follo�ving eclarations and
conditi ns:
1. The City of Orono will approve rezoning of the property north of elley Pazkway
to RPUD as described herein upon City Council finding of satisfactory
completion of the Conditions for Development Plan approval.
. The City of Orono will in due course appropriately rezone the p operty south of
Kelley Parkway, includin� the two outlots, to be consistent ith the guided
commercial office use as indicated in the CMP.
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. Conditions for Development Plan Approval are as follo�vs:
A. RPUD Development Standards and General Conditio s.
1) The total number of residential dwelling units sh 11 be 167 units
including 64 Lofts units, 47 rivo-story townhomes d 56 rambler
to�vnhomes, generally as configured on the Conce t Plan attached
as Exhibit A-1.
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� 2) Developer shall provide a Development Plan fo the residential�
' portion of the development that conforms to all tandards of the
RPUD District (Municipal Zoning Code Section 0.33) and shall
demonstrate to the satisfaction of the City Counci that all RPUD
standards have been met and shall demonstr te where such
standards have not been met, and shall satisfy the ity Council that
non-compliance with said standards is remedie in a manner
acceptable to the Council.
3) Developer shall demonstrate to the satisfaction of he Council that
the RPUD standard of 10% of the gross project ea has been set
aside for private recreational uses. Developer is dvised that the
wetlands which are protected under the Wetland C nservation Act
may not be used towazc�s the private recreational ea requirement.
Developer shall install a Tot Lot as one of he private park
& recreation amenities of the development.
4) Developer shall provide a landscapin� plan me ting all of the
� requirements of the RPUD District. The eveloper shall
� create a "parkwa�' character through substant al landscaping
along Kelley Parkway subject to approval of a treetscape plan
to be provided by the Developer and approved by t e City Council.
Final landscaping plans will be revie«•ed by the ity's consulting
landscape planner for conformity with the RP standards.
Landscaping plans for the commercial outlots can e deferred until
those sites are developed.
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5) Street lighting alono Kelley Parkway adjacent to t e property shall
be provided by the Developer and shall be of style, number,
height and location approved by the City Counci . Public street
lighting alon�Kelley Park�vay shall be maintained ough standard
agreement between the City and the appropriat public utility
company. Interior private street lightin� shall b at a low level
consistent with the surroundin� rural residential hazacter while
providin� the necessary level of security. Such 1 ghtin�. shall be
of a style, number, height and location approv d by the City
Council. Interior street lighting shall be mai tained by the
homeowners association.
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6) Final decisions by the Developer regarding col rs, types and
qualities of building materials shall be subject to C uncil approval.
The proposed residential buildings shall be ubject to the
Development Standards for Attached and Multi-F 'ly Dwelling
Structures for the RPUD District per Zoning Code Section 10.33,
Subd. 5(G).
7) The separation distances between townhome buildin s are generally
_ acceptable as shown on the approved General Con ept Plan, with
the majority being at least 15' at the nearest po' t �vith greater
sepazation as the building walls diverge. Any separ tions less than
15' shall be reviewed to determine if a greate separation is
feasible, and Developer shall demonstrate to the sat sfaction of the
City Council that suitable architectural stylin„ buil ing orientation
or other methods will be used to mitiJate the lac of separation.
The Orono Fire Marshal shall review the building eparations and
any revisions required for fire-protection purposes shall be made
by the Developer.
8) The berm along the Public �Vorks site east bo dary may be
extended eastward to assist in establishing a buff to the Lofts;
however, any buffer walls, plantings or other impr vements shall
be located on the Lofts site as shown in the ap oved General
Concept Plan. The Developer shall take extraord' ary efforts to
minimize impacts on existing ve�etation and enhanc screening and
buffering in the area northwest of the Lofts �ve t buildin�. A
disclosure regarding the Lofts buildings proximity t Public Works
shall be required of Lofts buyers to help limit the expected
complaints about City activity and noise from the Public Works
site.
9) All residential buildin�s including the Lofts shall have pitched
roofs rather than flat roofs to maintain a rural reside tial character.
Roofs for the Lofts units shall be lo�v-pitched rath r than steeply
pitched to decrease the impact of excess buildin� ei�ht.
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10) Developer shall submit proposed conditions for de elopment of the
commercial outlots to maintain the natural ameni values of the
pond and protect the perimeter of the pond fr m commercial
development encroachment.
B. Transportation
11) Kelley Parkway shall be platted as a public road ay as shown on
the Conceptual Plat. The following design stan azds for Kelley
Parkway shall be adhered to:
Platted Width: 60' minimum
Paved Width: 32' fc/fc (face of curb to face of urb).
On-Street Parkine: On-street pazking will be allo ed on the north
side of Kelley Park�vay only, to be accomplished y additional 8'
wide `bump-outs' with a number of breaks to allow for
appropriate landscaping to maintain a"pazkway" c aracter. Design
considerations will be required to ensure ease of aintenance for
snow removal.
Turn Lanes: Per recommendations of Cit transportation
consultant.
12) The interior road system shall be platted as part o the Commons
Lot as shown on the Conceptual Plat. All of the streets and
sidewalks within the Commons Lot shall be p 'vate, with the
exception of the Public Trail located along Will w Drive. The
appropriate City standard private street and utility asements shall
be required over all streets and utilities within the Commons Lot.
Maintenance of the private streets and sidew ks �vithin the
Commons Lot will be the responsibility of the eveloper or an
incorporated homeowners association. The Orono ire Marshal and
a representative of the Long Lake Fire Departm nt shall review
the interior road system, and any revisions re uired for fire-
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; protection purposes shall be made by the eveloper. The
following design standazds for the interior road ystem shall be
adhered to: '
Main access: Design shall be revised to limit the wo intersection
points to one-way in and one-way out. Th se lanes sha11
be limited to a width of approximately 16-18' to ake wrong-way
. access less likely. Appropriate traffic control s gnage shall be
_ installed. The separation of the inboundloutbo d access roads
must be at least 100' to minimize traffic conflict .
� Road Widths: Two-way interior roads: 22' minim fc/fc (face of
curb to face of curb)
One-way interior straight roads: 1 ` min fc/fc
One way curved roads, esp. at roun about: 18' fc/fc
Entry roads to Lofts: 28' fc/fc
In General: All curve radii shall be reviewed to
ensure that moving vans, garbage cks, firetrucks,
etc. are accommodated.
Roundabout: Developer shall work with City s and consultants
' to create a design incorporating traffic controls, alkway design
features, landscaping, etc. that will provide for safe pedestrian
accessability to/through the roundabout interior.
Parkine: No parking on interior streets exce t at designated
bumpout areas.
SE Access: A connection between the east lane circle loop and
Kelley Parkway is not necessary from a general t ic standpoint;
`emergency vehicle only' access would be desirable. An
emergency-use-only connection beriveen the East Lane cul-de-sac
loop and Kelley Parkway shall be incorporate into the final
development plans. �
13) An 8' wide bituminous surfaced public pedestri icycle trail shall
be provided by the Developer along the Wi low Drive and
Highway 12 frontages of the property. Such trail shall be located
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within the Commons Lot and within the Co ercial Outlots.
Such trail may be located within the Highway 12 'ght-of-way if
a 20' separation is maintained from the travel roadway of
Highway 12, and if MnDOT approval is obtained. ortions of the
i trail may be located within the right of way of elley Parkway
north of the stormwater pond. Said trail shall be c rvilinear along
Willow Drive as shown in the Concept Plan dra 'ngs. The trail
shall provide a continuous connection along High y 12 from the
east boundary of the properiy to the west bound , connection
across the stormwater pond area may be along High ay 12 or may
jog up to and back down from Kelley Par ay along the
stormwater pond perimeter. If portions of the tr il are located
adjacent to Kelley Parkway, that portion should e designed to
function as both a trail and sidewalk at a total w dth of 8'. The
construction of the portions of said public tr il within the
Commercial Outlots adjacent to Highway 12 may b deferred until
a determination is made whether the Highway 12 oulevard azea
will be converted from a rural section to an urban section and/or
until the commercial lots are developed. The portio of trail along
Willow Drive in the commercial outlot shall be co tructed durin�
the initial phases of residential development, to ens re that the area
� designated for trail use is not commercially devel ped. The City
shall be responsible for maintenance of the public t ails upon their
completion and acceptance. Public easements incl ding a suitable
shoulder width shall be granted over the public tr ils.
14) Sidewalks along both sides of Kelley Parkway sh 11 be provided
by the developer as follows:
North and South Sides of KelleY Parkwav: 5' co crete sidewalk
separated from back of curb by 8' to accommo ate deciduous
trees and landscaping in boulevard.
All trails and sidewalks, whether public or p 'vate, shall be
installed concurrently with the development phas s and prior to
occupancy of residential units, to avoid neighbor ood resistance
to trail development at a later date.
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��L . �G'�' RESOLUTION OF THE CITY C UNCIL
� ESII�4' NO.
Maintenance responsibility for the Kelley Parkway sidewalks shall
be the responsibility of the Developer or the omeowners or
commercial maintenance association(s).
15) Appropriate traffic control and parking si�age wi 'n the site and
on Kelley Parkway shall be installed by the deve oper subject to
the City Engineer's review and approval.
C. Utilities; Stormwater Management
; 16) Water mains shall be looped near the north en of the site.
Developer shall accomplish this without impactin wetlands. All
internal watermains shail be 8" rather than 6'; the main in Kelley
Pazk�vay shall be 12". \
17) The proposed 8" sanitary sewers aze acceptable.
18) City will own and maintain the sanitary sewer d water mains
within the development. City will inspect these syst ms during their
construction to ensure proper installation. Drain �e and Utility
Easements shall be granted to the City of Orono over all sewer
; and water utility lines and facilities, including th rights of way
necessary to maintain same.
19) Applicants' architect shall submit final developm nt plans to the
Metro Council Environmental Services to dete ine the exact
number of SAC units to be charged at the time of he issuance of
� building permits.
20) Developer shall provide suitable evidence of Mi ehaha Creek
Watershed District (MCVVD) approval of e storm�vater
management plan before Development Plan Ap roval will be
�anted. The stormwater draina�e system �vill e owned and
maintained by the homeowners association.
I
Pa?e 15 of 21
o,�,.
0 0
� CITY of OR O
� '�� �ti
RESOLUTION OF THE CITY C UNCIL
��9 ESI3�g'�G NO. � �
D. �Vetland Impacts
21) While the City recognizes that the wetland impact depicted in the
Conceptual Wetland Impact Plan aze for the mos part necessary
to allow a reasonable development of the site, applicant shall
demonstrate to the satisfaction of the City C uncil that all
requirements of the Minnehaha Creek Waters ed District as
administrator of the WCA regulations on Oron 's behalf, aze
complied with.
22) Orono's 26' wetland setback requirement (Zonin Code Section
10.55, Subd. 8) which disallows filling, gra ing, dredging,
� excavation, hardcover, temporary or perman nt structures,
obstructions, septic systems,wells or other construc ion, is in effect
on the site. Final grading and site 'plans shall indicate those
locations where grading or filling within the 6' setback is
necessary to accomplish the Plan. While filling of the 26' setback
azea will be allowed as necessary to accomplis the plan, no
encroachment of buildings, retaining walls or ot er constructed
features will be approved.
E. Grading, Erosion Control
23) Erosion control shall adhere to "Best Manageme t Practices for
Protecting Water Quality in Urban Areas". All e osion controls
as required by the City and the MCWD shall be i place prior to
commencin� excavation on the site. All such rosion control
measures shall be maintained in workin� order til the site is
revegetated.
24) The construction limits shall be clearly marked with adequate
fencing to prevent any construction damage or dis bance of any
trees and vegetation outside of the constructio limits area.
Developer shall identify trees to be preserved on ite, shall mark
them on a site plan, and shall take extraordinary easures such
as fencing, si�nage, etc. to ensure they aze not di turbed.
Pa�e 16 of 21
o,�,.
0 0
CITY of ORO O
,� :. .,. �
ti
� � � �
RESOLUTION OF THE CITY C UNCIL
��`� EsKo4`�o No. 4 8
F. Other General Conditions.
25) Monument signs may be provided by the dev loper at each
entrance to the RPUD development site. The s gnage shall be
limited to a development name and/or logo and s eet address on
the monument signs. Final desi�/materials of mo ument signage
shall be provided as part of the final development plan submittals
and shall be subject to approval by the City Cou cil.
26) The applicable general engineering comments an or conditions
provided by City Engineer Tom Kellogg in relatio to the original
Concept Plan review and which are included i the Planning
Commission's July 12, 2002 packet shall be suita ly addressed by
applicant in the development plan submittal.
27) Developer shall provide market study information to confirm that
the proposed units at the proposed pricepoints are marketable and
will indeed meet housing needs of this area.
28) Developer shall provide copies of proposed covenants and
documents describing the structure, rights and responsibilities
of the various homeo�vners associations to be revi ed by the City
Attorney.
G. Plans and Specifications. The following plans and sp ifications shall
be submitted for review and approval by the City and er appropriate
jurisdictions:
� i) Final plans and specifications for all proposed tility lines and
services, includin� any proposed revisions to xisting service
facilities. Proposed plans shall be provided to e City for final
review and approval with the Preliminary Plan et. The Public
�Vorks Department and any other pertinent revie� ' g agencies shall
review and approve all utility improvements. Fin 1 sanitary sewer
and �vatermain plans shall be provided and aze su ject to approval
by the Public Works Department and City Engi eer.
Page 17 of 21
� o�
o :�� o
�-�,�, CITY of ORUNO
,� �,��-�. �
� �-�� �
�' ��D '�' RESOLUTION OF THE CITY COUNCIL
� �
O
�`�.k sxog'� rvo. _ �4 �5 �
ii) Final grading, drainaje and erosion control plan showing existin�
and proposed contours, building locations, elevations, stormwater
facilities and calculations, utilities and erosion control measures
to be used durinj construction. Development Plan Approval will
not be granted until the Minnehaha Creek Watershed District and
MnDOT have approved the stormwater plans.
; iii) Final landscapin? desi� plan with planting schedules including
numbers and species, in accordance with the landscaping
� requirements of the RPUD zoning district.
iv) Final building construction plans, including:
v) Detailed si�a�e and li�htina plans.
vi) Phasing Plan
vii) Any additional plans and specifications deemed necessary
by the City as review proa esses.
H. Platting Process. Applicant shall complete all requirements for Final Plat
Approval as outlined in a forthcoming Preliminary Plat Approval
Resolution.
I. Development Agreement. Development Approval is contingent upon the
successful execution of a Development A�eement between the applicant
and the City. Such A�eement shall address all specific City requirements
for the development.
J. Financial Guarantee. The Development A�eement shall include a
financial guarantee by the applicant to ensure the completion of site
improvements. The City Engineer shall complete an estimate of
improvement costs, includin� but not limited to public and private streets,
curb & gutter, stormse�ver, landscaping, gradin�, erosion control, utilities,
driveways and parkin� areas, trails, sidewalks, retaining walls and
stormwater manayement facility construction, and the applicant shall
provide to the City a financial guarantee of 150% of the improvement
costs.
Pa�e 18 of 21
.�, o.�,.
o � o
1'�,�-� C ITY� of ORONO
� � 1, ��
,� ���.� �
.,, �..�. �,
� ' "�'�'i�-�,, G'�' RESOLUTIOIV OF THE CITY COUNCIL
�L�.k�sHo4� rvo. 4 � 5 �
K. Storm Water and Drainage Trunk F'ee. The standard Storm Water and
- Drainage Trunk Fee for residential development shall be paid by the
developer per the City Fee Schedule (2002 Fee Schedule).
L. Park Dedication. The Developer shall pay the standard Park Dedication
Fee in an amount to be determined pric�r to Development Plan Approval.
M. Sewer and �Vater Connection Char�;es. The applicant shall pay the
_ standard sewer and water connection ch,�rges to the City per the 2002 City
Fee Schedule.
4. This concept plan approval is based upon the ]cnown issues that may affect this
project, but this approval does not limit the Cit�� from revising or amending these
conditions as the review process continues.
5. The potential use of the MnDOT stormwater pond right-of-way for Kelley
Parkway presents an unknown factor which could change the nature of the
Concept Plan if such use is not feasible. If Kelley Parlcway must move
northward to avoid the MnDOT pond property, the City Council will determine
whether a revised Concept Plan requires further review includin� refenal to the
Planning Commission..
6. This General Concept Plan Approval resolution approves the development
concept subject to the applicant meeting the requirements of this resolution and
all other requirements of the City. This resolution does not constitute approval
of the rezoning. Such approval shall only be considered when the City Council
finds that all "Conditions for Development Plar.� Approval" as identified herein
have been met. Additionally, the Council's rezoning approval will also depend
on the Council's evaluation of the financial strerigth and organizational capacity
of the Developer.
7. This General Concept Plan Approval shall be effective for a period of 6 months
from the date of this resolution. If De�•elopment Plan Approval is not granted
�vithin that period, the terms and conditions of tllis resolution shall be null and
void. The City Council at its sole discretion may e�ctend this effective period.
Page 19 of 21
� °�
0 0
� � CITY of ORO O
� .. ;.. �
�� �� G'�'� RESOWTION OF THE CITY CO NCIL
�� EsI�04� No.
Adopted by the Orono City Council on this 26th day of August, 2002.
ATTES :
� ��� �
r
inda . Vee, City Clerk Bazbara A. Peterson, Mayor
�
Applic t �
(for D lstrom Development, LLP as Developer)
�
STATE OF MINNESOTA _
CO Y OF HENNEPIN
e foregoing instrument was acknowledged before me on this �� day o �,
2002 b Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munici al co`rporation
and sai instrument was executed on behalf of the Cit .
KRISTI 6.AND RSON
NGiAR1f p(�1�• pT�
Not
���l� fj'•��-,��t, J�--�
Pa�e 20 of 21
O,�.
O �
� s CITY of ORO O
� �
ti
�� . G'�' RESOLUTION OF THE CITY C UNCIL
L� ESII�g'� NO. �
STATE OF MINNESOTA
CO OF HENNEPIN
e foregoing instrument was acknowledged before me on this � ���lday of
�r t'�=-ry�1�-��2002 by Linda S. Vee, City Clerk of the City of Orono, a Minn sota municipal
corporat on and said instrument was executed on behalf of the City.
- RACFi�L DO�G� �- f�c_.�:� �- l O��' �'
�' NOTAFcY PU6LIC-P'\J` .�_� Notary Public
_ ?
"^— My Commission Expires Jan 3.;�. �
STATE OF MINNESOTA
COUNT�Y OF HENNEPIN '
this �day of ' �V1�ar'� , 2002, .— r�U..v�cA.. I�1 �tSYV�
personal y appeazed before me,
who is personally known to me
�� whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
. a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/the executed the
same as 's/her/their free act and deed on behalf of Dahlstrom Development, LP.
��,
,,
'��� RrACHEL DODGE � 't-.�-'�. I'�� -L. j�
°� � ." " , NOTARYPUBUC-MWN'."OTA Notary Public
- Ccmmssion Expires,)an.31,2005
Page 21 of 21
LIST OF EXHIBITS-RESOLUTION NO.� 4 � °5 �
, A-1: Sheet C2.1 - Concept Plan submitted 8-12-02
A-2: Sheet C2.3 -Conceptual Design Guideline Plan submi ed 8-12-02
A-3: Sheet C2.4-Conceptual Design Guideline Plan submi ed 8-12-02
A-4: Sheet C5.1 -Conceptual Plat submitted 8-12-02
_ A-5: Sheet C3.2-Conceptual Wetland Impact Plan submitt d 6-24-02
A-6: Sheet C2.la-Altemate Concept Plan(Kelley Pazkway located north
of MnDOT pond property)
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