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HomeMy WebLinkAbout09-12-2016 Council PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 3, 4, 5, 6, 9, 10, and 14 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. ORONO CITY COUNCIL MINUTES OF AUGUST 8, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of August 8, 2016, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Thomas Sawyer, 3405 County Road 6, stated he would like to raise some initial concerns about the property at 3585 Sixth Avenue North owned by Dave Anderson and Rick Lind. Sawyer indicated the owners are planning to use the refurbished barn for storage and a music studio. He has concerns about the amplified music on the weekends and evenings. Sawyer indicated the two owners have been very up front about what they will be using the barn for and have been doing a wonderful job refurbishing it. Sawyer stated more of a concern was the absence of the City's awareness of the proposed use. Sawyer stated the City should talk about noise abatement moving forward since this is a residential neighborhood and that there will be large amplifiers on the property. Currently the amplifiers are being housed behind the barn. The two owners have a rock and roll band and they have been practicing out of their garage but now will be moving their venue to his neighborhood. Sawyer stated in talking with the City, he asked if they could address this up front in terms of making sure there is adequate noise abatement and he was told, no, they really can't. Sawyer stated he was told his only option is to call the police if it becomes a problem but that he would rather not go that route and that he would prefer the City work with the gentlemen. Sawyer indicated he is bringing it up as an issue for the City to consider and that he has not talked to the property owners for several months now. Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Sawyer stated he would like some noise abatement required. Community Development Director Barnhart noted the City Council adopted a resolution approving the refurbishing of the barn and that the City ordinances would still apply. Barnhart stated City Staff cannot be there to observe the noise levels and instead have to rely on the neighbors to report a noise issue. Barnhart indicated he can look into this a little more in regards to how the building is laid out but that the property owners are allowed to have music indoors. Barnhart noted the original approval was for a conditional use permit to add plumbing and that the music use was not part of the conditional use permit. McMillan suggested Mr. Sawyer contact Mr. Barnhart in a couple of weeks. PUBLIC WORKS/CITY ENGINEER REPORT *3. LIFT STATION #2 BACKUP GENERATOR Levang moved, Printup seconded, to approve the design and authorize solicitation of bids for Lift Station No. 2 Backup Generator. VOTE: Ayes 4, Nays 0. *4. SEWER EXTENSION REQUEST — 2801 FOX STREET Levang moved, Printup seconded, to approve the sewer extension and to waive the connection fee. VOTE: Ayes 4, Nays 0. *5. 2015 SANITARY SEWER REHABILITATION AND MANHOLE LINING — PAY REQUEST NO.3 — FINAL Levang moved, Printup seconded, to approve Pay Request No. 3 for the contractor Insituform in the amount of $11,958.37 for the 2014 sanitary sewer rehabilitation and manhole lining project. VOTE: Ayes 4, Nays 0. *6. 2015 SANITARY SEWER REHABILITATION AND MANHOLE LINING — PAY REQUEST NO. 1 Levang moved, Printup seconded, to approve Pay Request No. 1 for the contractor Insituform in the amount of $233,888.46 for the 2015 sanitary sewer rehabilitation and manhole lining project. VOTE: Ayes 4, Nays 0. 7. WAYZATA BOULEVARD/CSAH 112 PHASE 2 — NO PARKING RESOLUTION — RESOLUTION NO. 6662 Edwards stated the resolution before the City Council tonight is to prohibit parking on Wayzata Boulevard within the City of Orono's jurisdiction from Old Long Lake Road to Wayzata Boulevard West. The City of Long Lake will also be asking to pass a no parking resolution for their section. Edwards highlighted the Highway 112 portion that will be under construction and the area where the parking will be prohibited. Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 7. WAYZATA BOULEVARD/CSAH 112 PHASE 2 — NO PARKING RESOLUTION — RESOLUTION NO. 6662 (continued) Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6662, a Resolution Prohibiting Parking on Wayzata Boulevard from Old Long Lake Road to Wayzata Boulevard West. VOTE: Ayes 4, Nays 0. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 Public Works/City Engineer Edwards stated there are two parts to this application. The first is the actual construction of the park improvements and then the variance request. Edwards indicated as it relates to the design and building portion, Staff did change the fence layout based on direction received at the last Council meeting and then sent that out to solicit bids. Only one bid was received. In addition, the Council directed some items be added back in that had been removed from the design. Quotes were also solicited for those items, with the largest dollar item being the well. The City received two responses back, with the low bid being $11,141 from TL Stevens Well Company. The Council further requested that Staff and the Park Commission review the park rules for the park. That process was undertaken by a Parks Commission subcommittee as well as Staff and was then reviewed by the Park Commission at their work session earlier this month. Edwards noted an amendment to the City Fee Schedule would be necessary if a fee is approved. Edwards stated he is looking for Council approval of the quote from Northern Specialties, Inc., for $79,754.00 for construction of fencing and gates from the park as well as a motion to accept the quote from TL Stevens for $11,141 for construction of a well. Council Member Walsh stated he would like to hear some feedback from the nearby neighbors but that he did not see any issues that raised a flag with regard to the proposed rules. McMillan asked if the City will be plowing the parking lot over the winter months. Edwards indicated the City currently plows the parking lot over the winter, which will continue, and then the trails will be compacted down with a sled to highlight the trails. Barnhart stated at the July 8 Council meeting, Staff was directed to draft an approval resolution for the variance as well as conduct the wetland delineation. That delineation has now been completed. Barnhart illustrated the location of the wetland. Barnhart noted the revised fence line is designated in blue and the purple line shows the 150 -foot setback from the lake. The red line shows the wetland boundary. The dashed line is the 35 -foot setback from the wetland line. Barnhart stated for the most part the fence is located outside the wetland and the wetland buffer and reflects quite a bit less encroachment from what was originally proposed. Staff recommends approval of the resolution. Barnhart noted the northern fence line has been shifted south to provide some additional buffer to the residents. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) McMillan questioned whether the dog park should be open at dark. McMillan stated her thought was that it should be closed at sunset. Edwards stated the idea was to keep the park hours the same as every other park in the City, which is 6 a.m. to 10 p.m. McMillan stated since this will be a more active component to the park, the hours should perhaps be reduced. McMillan commented people will probably not use the park when it is dark anyway. Council Member Levang noted the park will not be lighted. Walsh commented the reduced hours seem reasonable, especially in the wintertime. Rick Meyers, Park Commission Chair, stated he doubts anyone would come there at night and that he cannot envision keeping the park open until 10 p.m. being a problem. Meyers stated other dog parks have set standard hours and it pretty much takes care of itself. Meyers stated those dog parks have not experienced any issues in the evening. Meyers stated if the Council makes a rule like that and someone goes there after sunset, the City will then need to enforce it. Meyers stated the Park Commission wants to make it easy to enforce. Council Member Printup stated he tends to agree with the consistent hours. McMillan asked if anyone from the public would like to speak. Thomas Sawyer, 3405 County Road 6, encouraged the Council to look at an 8 or 9 p.m. closing time since this park is different from any other park in the City and would be comparing apples to oranges. Sawyer stated if the early closing time becomes an issue to someone who wants to come at night, they can approach the City and ask that the hours be changed. Sawyer stated he would like the City to set up some reasonable parameters now that take the neighbors into consideration. Sawyer noted there will not be a whole lot of enforcement anyway and that the park should not be a burden to the neighbors. Sawyer stated he does not see a need to go to 10 p.m. every night seven days a week and that the reduced hours would provide some protection to the neighbors. Walsh asked whether he is asking for the reduced hours year round. Sawyer indicated he would like to see it be year-round so it is consistent. Laurel MacLachlan, 3565 County Road 6, stated she would like to have earlier hours. MacLachlan noted they are also neighbors to the gun club and that those hours frequently get abused during the summertime. Maclachlan stated in her view an 8 or 9 p.m. closing time is reasonable. MacLachlan asked where the wetland is located. Barnhart indicated the solid red line is the delineated wetland and the dashed line is the 35 -foot setback. Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) MacLachlan noted the map key states that the solid red line is an improved fence. Edwards indicated it is the fence line as well and that he used the color red twice. MacLachlan asked if the well is denoted on the map. Edwards pointed out the location of the well on the overhead. Edwards indicated it will be in the vicinity of the parking area. MacLachlan stated she just wanted to clarify that there was not another fence going in around the wetland area. MacLachlan asked whether there could be one gate on the north side and one gate by the lake. Edwards indicated they were contemplating the gates being in a location where the existing trail goes through. Edwards stated the existing trail has the woodchips on it now. MacLachlan stated her main concern is the hours and that she would like an earlier closing time. Dianna Milianta, 3515 Sixth Avenue North, stated an earlier closing time for this park would be reasonable. Milianta stated at the time of installation of the fence, she would like her husband to have the opportunity to be there. Milianta stated since a formal survey has not been done, she would like the opportunity for him to verify that the location of the fence is consistent with their understanding. Edwards stated once the Council approves the fencing contract, the fence line will be staked, which will be a couple of weeks prior to the fence being installed, and that they would have the opportunity at that time to view where the fence will be located. There were no further public comments regarding this application. Levang stated she would like to see the nonresident fee increased to $40 from $35. Levang stated when the park opens in 2017, the City will be making some estimates on what the costs will be and that she would like to set it at $40 so the City has monies in case there are unexpected costs. Levang stated she does not see it as an issue to charge nonresidents the extra money since the residents are also paying property taxes. McMillan and Walsh indicated they are not opposed to that. McMillan stated she would like to reduce the closing time to at least 9 p.m. Walsh stated he can see the argument for reducing the hours as well as having the hours consistent throughout the year. Walsh stated perhaps 8 p.m. would be a reasonable closing time for this park. Levang noted all of the City's parks are located in residential areas and that she does not see any difference between the baseball field at Bederwood and this park. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) Levang stated she does not see any reason to change the hours and that it would be different if some of the parks are in areas where there are not people but that there are neighbors next door to other City parks. Levang stated in her view people will self -police and that the City currently does not see people at the parks after hours. Printup stated he can see keeping the hours consistent but that he is willing to be flexible. McMillan noted this park will require a pass, which is different from the other parks, and that she is willing to reduce the closing time to at least 9 p.m. McMillan noted the reduced hours will not make a difference in the winter but it could be an issue during the summer. Walsh stated he wants to make sure the residents are taken care of and that the City can always lower it from 9 p.m. to 8 p.m. later if there is a problem. Rick Meyers stated it can also be 10 p.m. and they can see if there is a problem. Meyers noted the City has done quite a bit to accommodate the neighbors by cutting five acres out of the dog park to give them an additional buffer. Meyers stated he does not see the 10 p.m. closing time as a problem. Printup asked when the gun club closes. Milianta indicated it is sunset. Meyers noted the dogs will come in at the very far end and that he does not believe the dog park will be an issue since the neighbors will be far enough away. McMillan recommended the Council discuss the costs for the improvements. Levang stated she does not have a problem with the costs. Walsh stated he would prefer to do it all at once rather than having to come back to complete different items. Walsh commented there should be some shelters and benches for people. Walsh noted the City has plenty of other projects to take care of and that they should just go ahead and complete it. Printup indicated he is in agreement. Levang moved, Printup seconded, to approve Resolution No. 6663 - Pertaining to Dogs in an Off Leash Park. McMillan noted she will not be voting in favor of the resolution since the number of variances could be eliminated. VOTE: Ayes 3, Nays 1, McMillan Opposed. Fees were modified for nonresident to $40. Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) Walsh moved, Printup seconded, to accept the quote from TL Stevens in the amount of $11,141.00, to accept the quote from Northern Specialties, Inc., in the amount of $79,754.00 for construction of the fencing and gates, and to authorize staff to procure and install the items included in the design and cost estimate, with the nonresident fee being increased to $40 and with a park closing time of 9 p.m. VOTE: Ayes 4, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT, CONTINUED Edwards reported on the following work performed by the Public Works Department: • Right-of-way mowing has been completed • Flooding was experienced on East Long Lake Road and Kelly Avenue • Watertown Road Phase 2 is currently underway • Crack sealing was performed • Potholes were filled on Spring Hill, Fox, and Lyric Street • Mill and overlay is currently underway on Hunter and Tamarack • 2016 sewer cleaning is underway • Well construction is underway • GIS mapping of Highwood is being completed • Aquatic weed removal has been performed • Polling sites were set up for the primaries earlier this month Edwards reported the residents experienced some water over the roadway on Kelly Avenue. Edwards noted certain portions of the roadway are only a few inches above the high water lake level, which is the reason for the flooding. Edwards stated they did see an improvement from past years given the prior work that has been done in the area to increase the pipe size and that anticipated future work should help that area even more. Edwards stated he is in the process of hiring a Public Works maintenance worker and that the City has received 14 applications. Edwards indicated he hopes to have someone on board in the next couple of weeks. PUBLIC SAFETY REPORT *9. AMENDED AND RESTATED WEST METRO DRUG TASK FORCE (JOINT POWERS AGREEMENT) Levang moved, Printup seconded, to approve the Amended and Restated West Metro Drug Task Force Agreement. VOTE: Ayes 4 Nays 0. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT — DENISE LESKINEN, REPRESENTATIVE *10. #16-3851 PETER BLUTH, 2413 CARMAN STREET, VARIANCES —RESOLUTION NO. 6664 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6664, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434 and 78-1438, File No. 16-3851, for the property located at 2413 Carman Street. VOTE: Ayes 4, Nays 0. 11. #16-3847 SHADYWOOD VILLAS COMPREHENSIVE PLAN AMENDMENT — RESOLUTION NO. 6665 Community Development Director Barnhart noted at the August 8 meeting, the Council supported the development of Shadywood Villas as proposed and directed Staff to draft a resolution approving the preliminary plat. The property owners are proposing the development of 3.64 aces into seven single- family homes. The Comprehensive Plan Amendment Resolution was to be presented at the same time as the Preliminary Plat Resolution but there remain some minor engineering issues to be resolved. As a result, Staff proposes to move the Comprehensive Plan Amendment forward in order to allow the Metropolitan Council to review the amendment Barnhart stated to offset the reduction in mixed use area and the reduction of general density through the development of the Orono Preserve and Eisinger Meadows projects, the Council seemed to support the amendment to the mixed use category, raising the minimum density from four units to six units per acre. No additional mixed use areas are proposed at this time. Re -guiding the mixed use areas from four to six units per acre would add an additional 60 housing units to the Navarre area based on approximately 30 acres of mixed use. Barnhart stated this will also benefit the City in re-establishing the density buffer, which will allow lower density single-family along the lakeshore to be served by sanitary sewer. Staff is recommending approval of the resolution. Printup asked what the discrepancies in the Comprehensive Plan are. Barnhart indicated some portions of the Comprehensive Plan talk about four to six units per acre and other portions talk about six to 15 units per acre for mixed use. Walsh moved, Levang seconded, to adopt RESOLUTION NO. 6665, a Resolution Granting Preliminary Approval of Amendment No. 6 of the Orono 2008-2030 Community Management Plan: 2525, 2535, and 2545 Shadywood Road, File No. 16-3847. VOTE: Ayes 4, Nays 0. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST Barnhart stated at the last City Council meeting, Mr. Lanpher requested the fee be waived on his variance application. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) At that time the Council requested he make a formal request to that effect, which Mr. Lanpher has done. At this point Staff has been unable to locate any history where the application fee has been waived for a project that has been reviewed by the Planning Commission or City Council. Peter Lanpher, 1380 Rest Point Road, stated he is asking for the fee waiver because in his view it is excessive in this situation. Lanpher noted they have two nonconforming fences that were installed in the year 2000 and then a street side fence that was converted into a picket fence later on. Lanpher indicated he purchased the property in 2004 and that the fences were in existence at that time. Lanpher stated he is attempting to work with the City on this matter and that he is not planning on doing anything with the street side fence. Lanpher stated since purchase of the property, he has been told that it is an illegal fence. Lanpher noted the State of Minnesota considers it a nonconforming fence. Lanpher noted he had nothing to do with the installation and that they were there when he purchased the property. Lanpher stated the variance being requested is to correct and make the fences legal. Lanpher stated as far as the additional variance for the extension of the fence into the lakeshore setback is concerned, everyone here knows that they have had a difficult time in the neighborhood and that he is asking for as much leniency to get additional height and length to help bring stability into the neighborhood. McMillan asked if he is looking to replace the side fence and keeping the front fence the same. Lanpher indicated the front fence has not changed except for painting it twice. Lanpher noted he has a court order to fix and repair the side fence following the damage and that he would like to take that fence and extend it down the property line into the 0-75 foot zone as well as increase the height to six feet. Lanpher indicated he is requesting that for more security and privacy. Walsh asked how high the existing fence is. Lanpher stated the fence in the 0-30 foot setback starts at 46 inches, decreases to 42 inches, and then goes back up to 46 inches for the remainder. Lanpher indicated he has submitted an application for what he would like to do with the fence and that he is here tonight to request the variance fee be waived. Walsh stated in the past the City has brought up the fact that state statute says that nonconforming fences can be redone and does not state whether they are legal or nonconforming. Walsh noted Mr. Lanpher did not construct the fence and that he does not need a variance to replace it. Walsh stated he is hearing that Mr. Lanpher would like to make the fence conforming and then also raise the height up and extend it down to the 30 -foot mark from the lake. Lanpher stated it is a 75 -foot lakeshore setback and that he would like to take the fence all the way down to the lake. Lanpher indicated his property is constantly being trespassed on and that he is trying to remedy that situation. Extension of the fence would provide protection of seven or eight feet into the 75 - foot setback. Lanpher noted there are other neighbors in the area that have that and that his neighbor across the street received a fence variance in 1969 and he only paid $72. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) That fence is six feet in the front and six feet on the side and goes well within the 0-75 foot setback. Lanpher indicated there is also a neighbor down at the end of the street that has a 6 -foot fence within the 0-75 foot setback and another neighbor replaced their existing fence that is six feet in the front and on the side. Lanpher stated he is not asking for anything nonconforming to what already exists in the neighborhood and that he feels a $700 nonrefundable fee is too excessive for what he is proposing to do. Printup asked if there is a court order regarding this particular fence. Lanpher stated when the fence was painted by the neighbor without their permission, they took him to court and that court order has been provided to Staff. The court order allows the fence to be fixed and repaired with police enforcement as needed. McMillan stated perhaps the City needs to start requiring permits for fences even though she hates to add another regulation. McMillan noted she asked the City Administrator if fences require a permit in Tonka Bay and they do. McMillan stated she does not want to add more regulations in Orono, but that if people cannot police themselves, the City might have to start requiring a permit for fences. McMillan commented that might be a way to resolve issues but that it will not help this situation. Mattick stated he does not want to prejudge the merits of the variance, but that he has spoken with Mr. Lanpher before regarding nonconformity. Mattick stated he understands the word lawful does not appear in the statute but that the statute presumes it is lawful. Mattick stated he understands Mr. Lanpher disagrees with that. Mattick stated as he understands the application, the fence is contemplated in the 0-30 front yard setback and the 0-75 foot setback, which would be an expansion since the height and length will be increased. Mattick stated as it relates to the fee, that would be a policy issue and it is up to the City Council on whether the fee should be waived. McMillan stated she has received numerous calls from residents about not being allowed a fence in the 0-75 foot area and that the City has not allowed them in the past. McMillan stated the City has been pretty adamant about not allowing fences in that area and that people need to go through the variance process since each situation is different. McMillan stated there has to be real justification for a waiver of the fee. Lanpher stated the fee does not make sense to him and that the $700 fee is a standard fee. Lanpher indicated he has been trying to work with the City to make things compliant. Lanpher commented they already have issues in the neighborhood and that he is looking for peace and quiet and extra security. Lanpher stated he had nothing to do with the fence installation and that he can replace the existing fence and extend it to the 75 -foot line by court order. Lanpher stated he is asking for a little longer fence for extra security and safety and that in his view the $700 for a variance that might not get approved is a little bit excessive. Printup asked what the reference is about when it talks about the fence viewers. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) Lanpher stated Ms. Levang and Mr. Cornick viewed their fence and that it was brought up by the two of them that he could seek a variance for the two fences. McMillan asked if they talked about waiving the fee. Lanpher indicated they did not but that he feels the fee is excessive. McMillan noted the City does not have a graduated fee schedule and at times some of the variance requests take more effort and more time than initially realized but that it is a standard fee. McMillan stated that is the way Orono has been doing it for a number of years regardless of what the request is and that they do not break out the different variances on different price points. Walsh stated the City has always been tough on the 0-75 foot zone and typically does not allow structures in that zone. Walsh stated his bigger issue is that the City's non -enforcement of this situation has created a very large practical difficulty for Mr. Lanpher and that the City needs to step up and correct. Walsh stated if that means the City should waive the fee, the City should do that, since in his view the City has been part of the problem. Walsh moved, Printup seconded, to approve waiver of the fee for Peter Lanpher. Levang stated she understands the issue but that she does not want to talk about the variance application since it has not yet been reviewed by the Planning Commission. Levang commented it is hard to go against Staff's recommendation since they have found no history of a fee being waived since 2009 and that approving this waiver would set a precedent. Levang stated she understands that the Lanpher's did not erect the fence and that they want to do right by making the fence conforming but that she is having a hard time agreeing to waive the fee because the City has not done that before. Lanpher noted the City allowed three previous homeowners to have the fence even though the fence was brought up as being noncompliant when it was first being installed. Lanpher stated there was not another complaint made once the fences were installed until 2012. Lanpher indicated he is just trying to get this situation corrected and that he has spent more than enough money defending themselves in legal actions. Lanpher stated he would like to understand why he has to spend another $700 that is nonrefundable in order to get a variance. McMillan asked if the nonrefundable part is the biggest issue for Mr. Lanpher. Lanpher stated that is part of it but that the fences were there when he purchased the property. Lanpher noted he can extend the fence down to the 75 -foot line without a variance. McMillan pointed out that he is looking to expand a nonconforming fence. McMillan noted the City Council has to be fair to all citizens and that she does not see a particular item that makes this variance fee waiver request unique. McMillan stated everyone else's variance is important to them and that she cannot say that this is such a unique situation that it should be waived. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) McMillan stated if the fee waiver were approved, it would be very hard to say to the next person who says they purchased their property and this is the way it was. McMillan stated fence contractors need to know what the City's rules are. McMillan stated the City has had numerous fence violations in the past and that there was a property owner on Shadywood that erected a fence that was too high and the City made them reduce it. McMillan stated the City attempts to stay on top of things as much as possible but that they do not catch all things. McMillan stated since the fee has not been waived in the past, it would be difficult to say no to the next person. McMillan stated the City Council has to think of the whole City and what has happened in the past and what could happen in the future. McMillan commented that might not seem fair to him, but the Council and Staff have to be fair to everyone. Walsh stated the Council has probably never voted to waive the fee, but that the Council has never voted to fail a neighbor when there are clear violations and the City has decided not to enforce. Walsh stated in his view the City has failed the neighbor and that the City should help fix this problem because the City has not been fair on the whole situation as it relates to non -enforcement. Walsh stated enforcement of the City's regulations could perhaps have solved these problems long ago and that the City has brought this upon themselves. Walsh stated in his view this is a very unique situation. McMillan noted there have been other neighborhood disputes in the City and that this is not the only one. Lanpher stated those disputes have not involved situations where the City has failed to enforce their regulations. Lanpher noted in January of this year the Council voted to not pursue the other violations on the neighboring property and that he would like to make a formal complaint that the City has failed him and his wife. Lanpher noted he has gone all the way up to the state legislature and the Hennepin County attorney's office to see if he can rectify some of the injustice that they have experienced. VOTE: Ayes 2, Nays 2, Levang and McMillan Opposed. MOTION FAILS. 13. SEX OFFENDER PRELIMINARY DISCUSSION Barnhart stated a couple of weeks ago the Council directed Staff to provide some preliminary background information associated with the location regulations relating to Level III sex offenders. The City Attorney and Staff have compiled some information, as well as some sample state statutes, for review by the City Council. Barnhart stated Staff is looking for direction from the Council on how they would like Staff to move forward. Barnhart noted Staff is not providing any recommendation to adopt a specific ordinance. Printup recommended the City move forward with this item and noted they have previously talked about creating a new ordinance. Printup stated even though it might not be pressing city business, it has become a very timely issue in the area with Tonka Bay having a Level III person move into their city and putting everybody on high alert. Printup stated while that person is not there any longer, it shows that it can happen at any time and that he is advocating for the ordinance to help prepare for the future. Printup stated the City Council now has a template that they can look at and that it has stood the test in court. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 13. SEX OFFENDER PRELIMINARY DISCUSSION (continued) Printup stated as far as overkill, in his view the residents would appreciate the overkill and that it helps protect the City and gives some comfort to the citizens by the City being proactive. McMillan noted it would not cover the entire City. Printup stated he understands that but that the City can be proactive on this item. Walsh stated he agrees with Council Member Printup. Walsh indicated he would like some clarification on Council Member Cornick's comment last meeting that the state ordinances were just fine. Walsh asked if the residency restrictions would be duplicating what the state has already or whether it would be more or less. Mattick stated he would need to review it a little bit closer but that he does not believe they are duplicating anything statutorily. Mattick stated it is his understanding that when sex offenders are released, they typically have conditions of probation, such as avoiding certain areas, and they are monitored individually on a case-by-case basis. Mattick noted the terms of probation can be stricter or more lax than the sample ordinance. Walsh stated the City would be codifying what the City believes is necessary for the protection of its citizens. Mattick stated the sample ordinance is nothing more than a cut and paste from Iowa and that Staff has not included any language specific for Orono. Mattick stated there are legal concerns about whether the City can pass something like this. In the State of Iowa, the ordinance was implemented and tried, which is why it was included in the packet. Mattick noted it was just meant to be a launching point for discussion. Walsh stated he did not understand where Council Member Cornick's comment was coming from. Mattick stated depending on the level of offender, the City would have to notify the community and hold public hearings. McMillan stated she would like to hear from Police Chief Farniok and Council Member Cornick since they have law enforcement background. Printup requested it be placed on a future City Council agenda. McMillan asked whether there should be a public hearing. Mattick stated since it likely would be placed in the public policy section of the City Code, a public hearing would not be necessary. Levang stated for the sake of transparency, there should be a public hearing so the City Council can get some input on what they would like to see the City do. McMillan stated she would like to see what protections are already in place and hear how police departments are currently handling things. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 13. SEX OFFENDER PRELIMINARY DISCUSSION (continued) Printup indicated he is interested in creating some buffer areas and a system to notify residents. Barnhart requested this item be pushed back one month since he already has seven items on the next Council agenda. Printup commented it is important to have this conversation since this problem is not going to go away. McMillan noted the Council will also be discussing the budget on September 12 but that this item can be placed on a future agenda. MAYOR/COUNCIL REPORT Walsh stated he attended Corn Days and that it was a good time. Levang stated she has nothing to report. Printup noted October 1 is the Long Lake Fire Department's community block parry, with fireworks happening in the evening. Printup commented Corn Days was a lot of fun and was well attended. Printup stated he attended the grand opening at the Erickson's gas station, which was also well attended, and that it is nice to see the community gathering there. Printup suggested whenever there is a grand opening, the City should have a write-up in the city newsletter or have a business spotlight periodically. McMillan reported she attended a meeting of Long Lake Water Quality Association and that those residents are working on water quality issues for Long Lake. McMillan stated the residents have a number of concerns they would like to address and that the Minnehaha Creek Watershed District is thinking about making the Long Lake watershed a focal point for future work. McMillan stated the Big Island paddle event was very successful, and even though it is not an Orono event, it is organized by an Orono citizen. McMillan commented the event had a great turnout and it was nice to see Big Island showcased. CITY ADMINISTRATOR'S REPORT Loftus stated she has nothing to report. *14. LICENSES & PERMITS Gambling Permit — Resolution No. 6666 1. Orono Football Boosters 2016 home football games Levang moved, Printup seconded, to adopt RESOLUTION NO. 6666, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono Football Boosters for a Gambling Activity. VOTE: Ayes 4, Nays 0. Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. Annual Gun Club License Park Gun Club September 1, 2016, through August 31, 2917 Massage Therapy License Ngoc Nhu Tran 2377 Shadywood Road Orono, MN 55356 Levang moved, Printup seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *15. CLAIMSBILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick noted the variance training is planned for the September 26 work session. Mattick requested the Council forward to Staff any applications or addresses where there were some issues they would like to see discussed. Mattick indicated they could also cover other planning and zoning questions if there are any. ADJOURNMENT Walsh moved, Printup seconded, to adjourn the Orono City Council meeting at 8:28 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 15 of 15 MINUTES OF THE ORONO CITY COUNCIL WORK SESSION August 22, 2016 5:00 o'clock p.m. PRESENT: Mayor Lili Tod McMillan, Council Members Aaron Printup, Lizz Levang, and Denny Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Public Works/City Engineer Adam Edwards, City Attorney Soren Mattick, and City Clerk Diane Tiegs. Guests: James Van Eyll Long Lake Fire Chief, Mayor of Long Lake Don Chillstrom. 1. Long Lake Fire Department Update Fire Chief Van Eyll provided background information regarding the boat and fire service to Big Island. Van Eyll stated the boat has not been docked on Lake Minnetonka since 2015. He explained the fire response protocol. Big Island is considered an IOS Protection Class 10 due to the difficulty in responding. Whether the boat is docked on Lake Minnetonka doesn't improve its protection class. Council directed Chief Van Eyll to explore options with the one receptive marina regarding dry docking the emergency response boat and comparing the cost with rental of a boat slip since a permanent spot has not been found. Council said consideration should be given to rigging an older truck for the boat as stored out of Station 1. The Hennepin County Water Patrol is the main partner with Long Lake on water response and consideration should be given on how to best support their efforts. The current fire contract expires in 2020 and will be discussed by the fire advisory board after the subcommittee has reviewed it. 2. 2017 Preliminary Budget Finance Director Olson reviewed the preliminary budget and what next steps need Council consideration. Council reviewed options for a tax levy increase for road funding and bonding. Numbers were obtained from Ehlers for consideration of a $1 million dollar bond with a 10 year pay back or 15 year pay back. Council was in agreement to refund the 2008 street reconstruction bonds which will be a savings on average of $29,100 annually in interest between 2017 and 2023. Council will further discuss funding issues at the next regular Council meeting. If bonding is approved for roads it should be done at the same time as the 2008 reconstruction bond refund. A public hearing is required, then the bid for bonds which will take a few months to complete. Page 1 of 2 Council reviewed the Navarre area plan and comp plan assistance. A desire for the Navarre plan to have grass roots input was expressed and could coincide with the discussion of the Hennepin County intersection improvements at CSAH 19 and 15. Council reviewed the pavement management fund and the priority list for 2017. Council will postpone the road repair for the far eastern side of Fox Street for a few years until it can be done correctly. Two western sections will be done together on Fox Street during 2017. Council discussed the Navarre Community Initiative funding of $5,000 that could be overseen by the Park Commission. The Navarre Initiative Group could assist with the park maintenance and in turn receive payment to fund their festival. Council made no decision regarding this fund. Park maintenance supplies increased due to fences and bench replacement. The golf course would like more included in the advertising budgeted for 2017. This year the Orono Golf Course offered a Groupon again and could consider other sources for promotions. Council would like more persuasive information before increasing this line item. 3. Met Council Reform Discussion Jeremy provided background information regarding communities joining together to initiate reform to improve the governance of the Met Council. Jennifer Munt, Met Council District 3 Representative, will be invited to address and answer Council questions at a future meeting. 4. Future Work Session Topics or Requests Council agreed with current schedule. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 2 of 2 REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Fox Street Engineering Services List of Exhibits A- Bolton & Menk, Inc. Letter 1. Purpose. The purpose of this action item is to gain approval to complete engineering and design for Fox Street reconstruction (Old Crystal Bay Rd to Brown Road). 2. Background. On August 8th, 2016 Bolton & Menk presented a feasibility study for the reconstruction of Fox Street. The study consists of an analysis of the existing conditions, topographic surveying of the project area and development of courses of action to repair, replace and improve the street. For the purpose of the report the Street was broken into three sections: At the last work session the Council indicated a desire to proceed with engineering work for sections A&B. 4. Scope of Work. A Old Crystal Bay Road to Reconstruct the roadway in the current Willow Drive footprint, creating an even width 24'. $ 735,413 B Willow Drive to Brown Reconstruct the roadway in the current Road (MSA Route) footprint, creating an even width 24'. $ 643,545 C Brown Road to Orono Mill 6" and overlay 3" with some Orchard Road segment patching. $ 418,271 Engineering will consist of topographic surveying, design, permitting, and solicitation of bids for Fox Street from Old Crystal Bay Road to Brown Road (Sections A&B). Bolton and Menk has provided a scope of services for a fee estimate not to exceed $139,000 (Exhibit A). 6. Funding. The engineering as well and the eventual project will be funded with a combination of Municipal State Aid, the Pavement Management Fund funds and the Storm Water Fund. Currently there are insufficient funds projected in the Pavement Management fund to be able to complete Section A in 2017. 7. Timing. In order to move forward with the construction of either or both sections starting in 2017 we will require authorization for engineering this fall. A revised timeline will be prepared upon Council authorization of a project. COUNCIL ACTION REQUESTED: Move to authorize the project engineering and design and approve the Bolton and Menk proposal for a fee not to exceed $139,000. What Description/ Location Method Est. Cost Council Review of Design and Cost December, 2016 Public Outreach for Design Review January, 2017 Mn/DOT State Aid Review February, 2017 Advertise for Bids -en March, 2017 no en Bids/ Award Aril, 2017 Construction Summer 2017 Engineering will consist of topographic surveying, design, permitting, and solicitation of bids for Fox Street from Old Crystal Bay Road to Brown Road (Sections A&B). Bolton and Menk has provided a scope of services for a fee estimate not to exceed $139,000 (Exhibit A). 6. Funding. The engineering as well and the eventual project will be funded with a combination of Municipal State Aid, the Pavement Management Fund funds and the Storm Water Fund. Currently there are insufficient funds projected in the Pavement Management fund to be able to complete Section A in 2017. 7. Timing. In order to move forward with the construction of either or both sections starting in 2017 we will require authorization for engineering this fall. A revised timeline will be prepared upon Council authorization of a project. COUNCIL ACTION REQUESTED: Move to authorize the project engineering and design and approve the Bolton and Menk proposal for a fee not to exceed $139,000. What When Council Authorizes Project Engineering September 12, 2016 Council Review of Design and Cost December, 2016 Public Outreach for Design Review January, 2017 Mn/DOT State Aid Review February, 2017 Advertise for Bids -en March, 2017 no en Bids/ Award Aril, 2017 Construction Summer 2017 QBOLTON & MENK Real People. Real Solutions. September 7, 2016 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Fox Street — Surveying, Project Development, and Design Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax: 19521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and fee estimate for surveying, project development, design and bidding for the Fox Street Improvements between Old Crystal Bay Road and Brown Road. Proposed Scope of Eneineerine Services: To assist the City with this improvements project, Bolton & Menk proposes the following scope of services: Topographic Survey — Bolton & Menk will document existing conditions within the right of way and will locate existing property corners. Photographs of existing conditions will also be taken. StaffDesign Meetings — Bolton & Menk will schedule design meetings to review the progress of the project and to get input on design details from City staff. The goal of these meetings is to ensure that the project is designed consistent with City standards and that the City's maintenance practices and operations are considered throughout the design process. Council Meetings — Bolton & Menk will schedule two council meeting to present the preliminary and final designs for the project. The purposes of these meetings will be to inform the Council on the project status and to get input on key design decisions to ensure that the final product meets the needs and expectations of the City. Public Involvement — Bolton & Menk will work with City Staff to communicate with the neighborhood to inform residents about the scope of the project and to gain input on property specific items. After receiving input, Bolton & Menk will identify design challenges that can be reviewed with City staff and Council. Preliminary Design — Bolton & Menk will work with City staff to develop a preliminary scope for the project including an evaluation of drainage needs and preparation of preliminary design information for Mn/DOT review and approval. Detailed Design and Permitting —Once the final scope of the project is determined based on review of the preliminary design, Bolton & Menk will prepare detailed plans and specifications for the project. This work will include coordination with private property owners as needed and completion of all necessary permit applications. h:\orno\c13111227\!ox street design proposal.docx Bolton a Menk is an equal opportunity employer. City of Orono September 7, 2016 Page 2 Bi dingy — Upon authorization, the project will be advertised for competitive bids. Bolton & Menk will administer the bidding process and will ultimately make recommendations to the City Council for awarding the project to the lowest responsible bidder. Fee Estimate — Based on the scope of services described above, we propose a total not -to -exceed fee of $139,000 to be billed on an hourly basis. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase services. This scope will include project observation and strategies to keep the public well informed of the project status and schedule. Please let me know if you have questions or need additional information Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer Bolton & Menk is an equal REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards, P.E. ATIE Y"-4 Public Works Director/ Title Public Works Director City Engineer's Report Item Description: MCES Municipal I&I Grant Program Participation Resolution List of Exhibits A- Grant Participation Resolution B- Grant submission Requirements 1. Purpose. The purpose of this action item is to gain Council approval of a resolution to participate in the MCES Municipal I&I Grant Program. 2. Background. The State of Minnesota has appropriated funds to the MCES for use in a Municipal I&I reduction grant program. The City of Orono applied for this grant and was preliminarily allocated $29,136.03. The grant money will be used to pay for work that was completed as part of the 2015-16 CIDP sewer project. 3. Requirement. One of the requirements of the program is for the City to pass a resolution authorizing participation in the program. COUNCIL ACTION REQUESTED: Consider a motion to adopt a resolution authorizing participation in the MCES Municipal I&I Grant Program. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING PARTICIPATION IN THE 2014 STATE BOND FUNDED MUNICIPAL I&I GRANT PROGRAM WHEREAS, the Minnesota Legislature has appropriated funds to the Metropolitan Council for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal system (" UI Municipal Grant Program"); and WHEREAS, the City of Orono submitted an application for grant funds and the Council identified the City as a contributor of excessive inflow and infiltration to the Council's metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds of $29,136.00 under the UI Municipal Grant Program; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ORONO that this Council approves participation in the Municipal I&I Grant Program with the Metropolitan Council. ADOPTED by the Orono City Council this 12th day of September, 2016. ATTEST: Diane Tiegs, City Clerk Lili McMillan, Mayor DATE: September 10, 2015 RECEIVED TO: Orono SEP 21-2m Adam T Edwards - Diector of Public Works 2750 Kelly Parkway CITY OF aRt�f`d' Orono, MN 55356 FROM: Matt Gsellmeier, MCES I&I Grant Administrator SUBJECT: 2014 Municipal Grant Program' Letter of Intent Thank you for applying to the 2014 State Bond Funded Municipal I&I Grant Program. This non-binding letter of intent confirms receipt of your city's application and approval to participate per the Metropolitan Council's approved program design and guidelines. The program design and guideline details, along with the draft agreement that must be entered into with the Metropolitan Council, can be found at the following link: htt ://www.metrocouncil.o astewater-WaterlFundin-Finance/Rates-Cha es✓MCES-Inflow-and Infiltration -l -1 -Pro ram. as x Based upon your application's preliminary project description and projected cost estimates, your estimated Preliminary Minimum Allocation (PMA) is $25,000.00. Enclosed is a listing of all participating cities identifying both PMA and the estimated Final Reimbursement Amount (FRA) for each. Please be advised that these are preliminary non-binding estimates and that each participant's final FRA depends upon the actual and eligible project work submitted per approved guidelines. PMA and FRA will be calculated simultaneously for all participants upon receipt of documentation verifying a project costs. Should a city not complete a project with I&I eligible work, or complete with insufficient eligible work, PMA and FRA will be adjusted accordingly. Contingent upon availability of funding, cities may be eligible for additional funding should they complete a project(s) with more I&I eligible work than described in their application. Important Dates to Remember MCES provide cities Letter of Intent, PMA & estimated FRA October 09, 2015 Cities provide descriptions and pay claims for completed projects October 30, 2016 FRA determination, grant agreements distributed November 15, 2016 MCES will process reimbursement upon receipt of signed agreement and commits to sending semi- annual grant notices to all participants. These notices will serve as both reminders of participation and - solicitations for changes in participant contact, projects, or other relevant information. a90 FirJs;�rt °;+, f`Jgr1n I 7Sfn4u1;'Mf103-�1.$0 P 6!,1- 607,1 000 rrY. �E'f �1 J4: J trer����icil.r�rg ' • ' • Documentation at completion of projects to verify eligibility and calculate loth PMA and FRA must include the following: • Completion and submission of MCES provided verification form, and • A city resolution authorizing participation in the grant program, and • Certification (notarized) confirming ownership or easements for locations where work was completed, and • Description of work, along with description or map of locations, and • Invoices substantiating cost of work completed. It is important to remember this letter is not a legally binding document confirming funding, but rather a stated commitment to enter into a legally binding agreement with, your city upon verification of adherence to the grant program guidelines and process. MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the mitigation of excess inflow and infiltration into the metropolitan disposal system. Please direct your questions or concerns to: Matt Gsellmeier, MCES I&I Grant Administrator 390 Robert Street North Saint Paul, MN 55101 651-602-1802 matt.asellmeier@metc.statemn. uu Jason Willett, MCES, Director of Finance, Revenue and Energy Leisa Thompson, MCES General Manager Page -2 September 16, 2015 METROPOLITAN COUNCIL MCES 20141&1 Pre -Grant Application Summary 9/9/2015 Calculations: Acronyms: Total Grant Funding $ Total Project - Part 1 Funding: Amt Eligible for 1,301,000.00 PMA- Preliminary Minimal Allocation Est. Part 1 S Remaining Total Amt Eligible for Funding: Est. Part 2 11,640,760.79 Estimated City 1,301,000.00 Wont: S Funding: : PMA Balance. Funding FRA Arden Hills $ 652,500.00 $ 168,750.00 $ 25,000.00 $ 143,750.00 $ 39,703.17 $ 64,703.17 Bloomington $ 257,100.00 $ 87,750.00 $ 25,000.00 $ 62,750.00 $ 17,331.30 $ 42,331.30 Brooklyn Center $ 1,684,093.60 $ 437,793.40 $ 25,000.00 $ 412,793.40 $ 114,011.86 $ 139,011.86 Chanhassen S 400,000.00 $ 181,250.00 $ 25,000.00 $ 156,250.00 $ 43,155.62 $ 68,155.62 Chaska $ 85,082.00 $ 28,834.50 $ 25,000.00 S 3,834.50 $ 1,059.07 S 25,059.07 Columbia Heights $ 879,800.00 $ 260,275.00 $ 25,000.00 $ 235,275.00 $ 64,982.00 $ 89,982.00 Crystal $ 468,000.00 $ 121,500.00 $ 25,000.00 $ 96,500.00 $ 26,652.91 $ 51,652.91 Oeephaven $ 94,280.00 $ 47,140.00 $ 25,000.00 $ 22,140.00 $ 6,114.98 $ 31,114.98 Ear: $ 702,412.00 $ 187,059.25 $ 25,000.00 $ 162,059.25 $ 44,760.11 $ 69,760.11 Eden Prarie $ 878,350.00 $ 439,175.00 $ 25,000.00 $ 414,175.00 $ 114,393.46 $ 139,393.46 Edina $ 7,465,000.00 S 1,895,000.00 $ 25,000.00 $ 1,870,000.00 $ 516,486.42 $ 541,486.42 Excelsior $ 163,045.00 $ 44,278.50 $ 25,000.00 $ 19,278.50 $ 5,324.64 $ 30,324.64 Forest Lake $ 940,000.00 $ 260,000.00 S 25,000.00 $ 235,000.00 $ 64,906.05 $ 89,906.05 Fridley $ 645,000.00 S 161,250.00 $ 25,000.00 $ 136,250.00 $ 37,631.70 S 62,631.70 Golden Valley $ 1,620,895.00 $ 439,467.50 $ 25,000.00 $ 414,46750 $ 114,474.24 $ 139,474.24 Greenwood $ 42,000.00 $ 21,000.00 S 21,000.00 $ - $ $ 21,000.00 Hopkins $ 425,000.00 $ 120,000.00 $ 25,000.00 $ 95,000.00 $ 26,238.61 S 51,238.61 Lakeville $ 259,676.00 $ 82,606.00 $ 25,000.00 $ 57,606.00 $ 15,910.54 $ 40,910.54 ulydale $ 450,000.00 $ 90,000.00 $ 25,000.00 $ 65,000.00 $ 17,952.74 $ 42,952.74 Lina Lakes $ 226,000.00 $ 74,500.00 $ 25,000.00 $ 49,500.00 $ 13,671.70 $ 38,671.70 Little Canada $ 72,000.00 $ 26,000.00 S 25,DD0.00 $ 1,000.00 $ 276.20 $ 25,276.20 Long Lake $ 667,000.00 $ 181,750.00 $ 25,000.00 $ 156,750.00 $ 43,293.71 $ 68,293.71 Maple Grove $ 2,290,000.00 S 582,500.00 $ 25,000.00 $ 557,500.00 $ 153,979.24 S 178,979.24 Maplewood $ 112,770.00 $ 28,192.50 $ 75,000.00 $ 3,192.50 $ 881.76 S 25,881.76 Medina $ 223,075.00 $ 58,243.75 $ 25,000.00 $ 33,243.75 $ 9,181.79 $ 34,181.79 Mendota Heights $ 180,000.00 $ 50,000.00 $ 25,000.00 $ 25,000.00 $ 6,904.90 $ 31,904.90 Minneapolis $ 5,098,821.00 $ 1,274,705.25 $ 25,000.00 $ 1,249,705.25 $ 345,163.52 5 370,163.52 Minnetonka $ 204,970.00 $ 58,922.50 $ 25,000.00 $ 33,922.50 $ 9,369.26 $ 34,369.26 Minnetonka Beach $ 11,000.00 $ 5,000.00 $ 5,000.00 $ $ $ 5,000.00 Mound $ 293,895.00 $ 73,473.75 $ 25,000.00 $ 48,473.75 $ 13,388.25 $ 38,388.25 Mounds View S 1,009,000.00 $ 255,500.00 $ 25,000.00 $ 230,500.00 $ 63,663.17 $ 88,663.17 New Hope $ 427,900.DD $ 144,975.00 $ 25,000.00 S 119,975.00 $ 33,136.61 $ 58,136.61 Newport $ 698,635.00 $ 271,938.75 $ 25,000.00 $ 246,939.75 $ 68,203.48 $ 93,203.48 North St. Paul $ 1,5511000.00 $ 392,750.00 $ 25,000.00 $ 367,750.00 $ 101,571.06 $ 126,571.06 Oakdale $ 140,000.00 S 43,500.00 $ 25,000.00 $ 181500.00 $ 5,109.62 $ 30,109.62 Orono $ 159,900.00 $ 39,975.00 $ 25,000.00 $ 14,975.00 $ 4,136.03 $ 29,136.03 Prior Lake $ 351,000.00 $ 87,750.00 S 25,000.00 $ 62,750.00 $ 17,331.30 $ 42,331.30 Ramsey $ 63,000.00 $ 25,250.00 $ 25,000.00 $ 250.00 $ 69.05 $ 25,069.05 Roseville $ 4,050,000.00 S 822,500.00 $ 25,000.00 $ 797,500.00 $ 220,266.27 $ 245,266.27 Saint Paul $ 1,079,646.30 $ 407,411.58 $ 25,000.00 $ 382,411.58 $ 105,620.53 $ 130,620.53 Savage $ 118,200.00 $ 43,425.00 $ 25,000.00 $ 18,425.00 $ 5,088.91 $ 30,088.91 Shorewood $ 210,000.00 $ 56,250.00 $ 25,000.00 $ 31,250.00 $ 8,631.12 $ 33,631.12 Shoreview $ 854,285.00 $ 227,142.50 S 25,000.00 $ 202,142.50 $ 55,830.94 $ 80,830.94 South St. Paul $ 395,200.25 S 118,586.31 $ 25,000.00 $ 93,586.31 $ 25,848.16 S 50,848.16 St Anthony Village $ 750,000.00 $ 194,225.00 $ 25,000.00 $ 169,225.00 S 46,739.26 $ 71,739.26 St Paul Park $ 396,957.00 $ 99,239.25 $ 25,000.00 $ 74,239.25 $ 20,504.58 $ 45,504.58 Tonka Bay $ 130,000.00 S 32,500.00 $ 25,000.00 $ 7,500.00 $ 2,071.47 $ 27,071.47 Vadnais Heights $ 160,000.00 $ 41,250.00 $ 25,000.00 $ 16,250.00 $ 4,488.18 $ 29,488.18 Waconia $ 1,141,000.00 S 295,500.00 $ 25,000.00 $ 270,500.00 $ 74,711.00 $ 99,711.00 Wayzata $ 415,800.00 5 103,950.00 $ 25,000.00 $ 78,950.00 $ 21,805.67 $ 46,805.67 West St. Paul $ 1,191,083.00 $ 304,295.75 $ 25,000.00 $ 279,295.75 $ 77,140.35 $ 102,140.35 White Bear Township $ 94,219.00 $ 27,679.75 $ 25,000.00 $ 2,679.75 S 740.14 $ 25,740.14 Woodbury $ 292,900.0_0 $ 118,750.00 S 25,000.00 $ 93,750.00 $ 25,893.37 $ 50 893.37 *wfw~ S 4 4SLM S UAMk76LI%$ U312.8111IRa+ S S Z;15%� S n Calculations: Acronyms: Total Grant Funding $ 4,156,800.00 Est - Estimated - Part 1 Funding: $ 1,301,000.00 PMA- Preliminary Minimal Allocation � 4ilgr� S 1, JM.i11.: FRA -Estimated Final Reimbursement Amount Total Amt Eligible for Funding: $ 11,640,760.79 Part 1 Funding: $ 1,301,000.00 = lA=fib . S Z311%MWL79 %Allocation for Part 2 (A)/(B) 27,6% REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Adam Edwards Y"-4 Title Public Works Director/City Engineer DATE: September 12t", 2016 ITEM NO: 6 Agenda Section: Public Works Director/ City Engineer's Report Item Description: 2016 Street Maintenance Crack Sealing - Pay Request No. 1 List of Exhibits A- Invoice 1. Purpose. The purpose of this action item is to gain Council approval for payment of the 2016 Streets Maintenance Crack Sealing project. 2. Background. Crack sealing is a routine preventive road maintenance process. On July 11th the Council authorized Allied Blacktop Company to complete the work. 3. Project Scope. The identified streets shall have their cracks routed, cleaned and sealed. (See Exhibit A). 4. Cost. Allied Paving has provided an invoice for $43,764.19 for the crack sealing of 35,621 linear feet of crack. (Exhibit A) The quote prior to the project was for $35,842.22 for an estimated 23,578 linear feet of crack, however during the project, additional longitudinal cracks were discovered and filled. 5. Funding. The project is funded from the pavement management fund. $47,000 is budgeted annually for contracted street maintenance such as crack filling. COUNCIL ACTION REQUESTED: Consider a motion to authorize payment of $43,764.79 to Allied Blacktop Company for 2016 street maintenance crack sealing project. Exhibit A- Crack Sealing Streets for 2016 20116 Crack Seal Locations aaaa '� udo ® N100 C ieac m 3204rA✓]G F G .s r a.v. :•a�," ,.. Ina� K IN 04 L a `�~_ t !'• UU 5PnnCM Road 1 Bae Nfalertrnvn Roan `� .x. tad frysni Bay - ... •\ _ - eco Bm— Road Ir Grp Lah lanp LAW [1ia —_ - Stt,6Es Bay Road KNley ParKway am' 1. \ L12 2 OW L—Z Lake flaad �.� CMStat (korto ••...rj- war£ATA < f t t- StrBaf rx�nad✓aead Ptlace Ba y aw Am 309 Rrxen L Tanagr Browns s g Lake D.- 614-0 r l k. Bay B � . • L r4M.# 1 Mpylt oh Y Ir..,a .a... 1 T90 i L�q Nr+n .i Road & lane +' - ( Braeur. Icdo 1 Wesf Cry9falI ' •�'^ r/ L.. lRma#on.a `•'r^�� .Oda • - app. MINNETONKA _ �^ BE6CN _ _ +�.`�' ALLIED BLACKTOP COMPANY 10503 89TH AVENUE NORTH MAPLE GROVE, MN 55369 Phone (763) 425-0575 B I L CITY OF ORONO L 2750 KELLEY PARKWAY ORONO MN 55356 T O J 0 1649 B CITY OF ORONO N O Invoice No. 22615 Page 1 Invoice Date Invoice No. Customer No. Payment Terms Contract No. 08/24/16 22615 OR015 NET 30 Unit Extended Quantity D e s c r i p t i o n Price Price 1.00 2016 CRACK SEAL PROGRAM 43764.7900 43,764.79 1) MOBILIZATION: LS 1 = $2,500.00 2) TRAFFIC CONTROL: LS 1 $6,000.00 RECEIVED 3) CRACK REPAIR: 35,621 LF @ .99 = $35,264.79 AUU 25 2016 _CITY OF ORONO Gross Retainage Tax Net Amount 43,764.79 .00 .00 43,764.79 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Adam Edwards Y"-4 Title Public Works Director/City Engineer Item Description: Brown Road Trail Rehabilitation - Pay Request 1 List of Exhibits A. Bolton and Menk Review Letter B. Invoice DATE: September 12, 2016 ITEM NO: 7 Agenda Section: Public Works Director/ City Engineer's Report 1. Purpose. The purpose of this action item is to gain Council authorization for Pay Request #1 for the rehabilitation of the trail that runs along the west side of Brown Road N. 2. Background. The rehabilitation of the Brown Road trail is part of the City Pavement Management plan and is listed for 2016 in the Capital Investment Plan (CIP). In December of 2015 the Council approved Bolton and Menk proposal to conduct surveying and engineering from the project. In July the Council awarded the project to Bituminous Roadways and Advanced Wall Structures. 3. Scope of Work. This project will rehabilitate the 0.7miles bituminous trail that runs along Brown Road North. Rehabilitation will include a combination of patching, replacing, and sealing the pavement. In addition the retaining wall along section the trail will be rehabilitated by salvaging existing blocks and correcting/adding geogrid and reinstalling the block on portions of two walls leaning into the trail. 4. Cost. Who Work Cost Bolton &Meek, Inc Design and Bid Engineering $5,300 Bituminous Roadways Trail Rehabilitation $35,650 Advanced Wall Structures Retaining Wall Rehabilitation $ 14,315 Bolton &Menk, Inc Construction Oversight $4,500 TOTAL $59,765 5. Funding. The project is funded from the Park Fund. Fund Total CIP Estimate Est. End of Year Fund Balance Park Fund $ 59,765 $ 61,088 $594,723 Total $ 59,765 7. Status. The retaining wall repairs are complete. Bolton and Menk has reviewed the payment request and confirmed that the work has been completed to standard (Exhibit A&B). COUNCIL ACTION REQUESTED: Consider a motion to approve Pay Request No. 1 to Advanced Wall Structures in the amount of $ 13,599.25 for the Watertown Road Phase 2 Rehabilitation project. pBOLTON & MENK Real People. Real Solutions. September 6, 2016 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Brown Road Trail Maintenance — Retaining Wall Repairs Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952)448-8838 Fax: (952} 448-8805 Bolton-Menk.com Enclosed is Payment Request No. 1 from Advanced Wall Structures for work completed on the Brown Road Trail Maintenance retaining wall repairs, through August 1, 2016. We have reviewed the estimate, verified the quantities, and recommend payment in the amount of $13,599.25, which includes a retained percentage of 5% to be paid upon acceptable turf establishment. Please contact me if you have any questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini Principal Engineer h:\orno\c13111Z31\1-cnrns\c_a athers\pay request no. 1.doac Bolton & Menk is an equal opportunity employer. INVOICE ADVANCED WALL STRUCTURES, INC. 5650 Starview Lane Prior Lake, MN 55372 Cell 612-387-4767 Invoice Submitted To: Matthew Bauman Bolton & Menk, Inc. Job Name: Orono / Brown Road Retaining Walls RETAINING WALLS South Wall: 08-01-16 300 SF of salvage and re -install modular block wall $7,200.00 Turf restoration $ 500.00 16 Additional man hours to work around 400 pair fiber optic line $ 800.00 1 Load of crushed limestone needed for new backfill as original backfill was unsuitable $ 400.00 1 day of trackhoe to stabilize utility pole $ 800.00 North Wall: 160 SF of salvage and re -install modular block wall $3,840.00 Turf restoration $ 375.00 '/2 Load of crushed limestone needed for new backfill as original backfill was unsuitable $ 200.00 Trail Closed Signage 200.00 TOTAL AMOUNT DUE $14,315.00 REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 8 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Watertown Road and Stubbs Bay Road Rehabilitation — Pay Request No. 3 List of Exhibits A- Recommendation Letter from Bolton & Menk B- Work Order #1 C- Contractor's Pay Request No. 3 1. Purpose. Gain Council authorization for Pay Request No. 3 for the Watertown Road Phase 2 Rehabilitation 2. Background. On April 25', 2016 the City awarded the Watertown Road Phase 2 Contract to Valley Paving. 3. Cost. Total Cost for the Droiect is $831.069.92 broken down as listed below: Who Work Cost Bolton &Meek, Inc Design and Bid Engineering $ 155,000.00 Valley Paving Reclaim Watertown Road from Turnham Road to Stubbs Bay Road and from Old Crystal Bay Road to Long Lake City Limits $ 606,568.92 Bolton &Meek, Inc Construction Oversight $ 69,500.00 TOTAL $ 831,069.92 4. Funding. This project is funded from MSA, the Pavement Management Fund and the Storm Water fund. To date, the cost split by funding source for construction are: State Aid Storm Water Total Fund This Pay Request $ 161,110.62 $ 3,840.26 $ 164,950.88 To Date $ 463,130.70 $ 47,617.94 $ 510,748.64 Status. Valley Paving has completed approximately 90% of the work. Bolton and Menk has reviewed the payment request and confirmed that the work has been completed to standard. In addition Work Order #1 covering drainage improvements is included (Exhibit A, B & C). COUNCIL ACTION REQUESTED: Consider a motion to approve Pay Request No. 3 to Valley Paving in the amount of $ $ 164,950.88 for the Watertown Road Phase 2 Rehabilitation project. BOLTON & MENK Real People. Real Solutions. September 7, 2016 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Watertown Road Rehabilitation — Phase II Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952)448-8805 Bolton-Menk.com Enclosed is Payment Request No. 3 from Valley Paving for work completed on the Watertown Road Rehabilitation Project — Phase 11, through August 31, 2016. This pay request includes Work Order No. I which documents various drainage improvements that were not included in the original contract. We have reviewed the estimate, verified the quantities, and recommend payment in the amount of $164,950.88, which includes a retained percentage of 5%. Please contact me if you have any questions or need additional information. Sincerely, Balton & Menk, Inc. --t)0.4 P A& David P. Martini, P.E. Principal Engineer h:\urno\c131188Z7\1_corres\cto others\pay request no 3,docz Bolton & Monk is an pBOLTON & MENK Real People. Real Solutions. September 7, 2016 Valley Paving 8800 13'x' Avenue East Shakopee, MN 55379 RE: Watertown Road Rehabilitation — Phase Il 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax- (9521448-8805 Bolton-Menk.com Enclosed are three copies Work Order No. 1 and Pay Request No. 3 in the amount of $164,950.88 for the Watertown Road Rehabilitation Project — Phase II, in Orono. Please review the quantities and amount. If everything is in order, please sign the documents and return them to Adam Edwards at the City of Orono as soon as possible. Please let me know if you have questions. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer k:\ornn\c13110027\1_corres\c_to n[kelx\mntractarpay request 3.docx Bolton & Monk is an Mn/DOT SP 1006-28 SHEET t OF 1 SHEETS State of Minnesota - Department of Transportation WORK ORDER MINOR EXTRA WORK Contractor: Valley Paving, Inc. Work Order No.: 1 State Project No.: S.A.P. 152-103-004 Address: 8800 W Hwy 101 Frontage Rd, Shakopee, MN 55379 Federal Project No.: -na- Contract No.: -na- Job Location: Watertown Rd, Orono, MN In accordance with Standard Specifications 1103 and 1403 you are hereby authorized and instructed to do the work described herein. The original contract provided for various drainage improvements throughout the project area including ditch grading and culvert replacements. However, it has been determined that additional storm sewer and grading improvements are needed to properly drain various locations including replacing an existing culvert at 2400 Watertown Road and installing a drainage structure at 4105 to connect a new culvert to an existing drainage system. Therefore, as directed by the Engineer, the Contractor shall install a 6" draintile in the north ditch adjacent to 2400 Watertown Road to a new drainage structure at the intersection of Willow Drive and Watertown Road and shall install a drainage structure at 4105 Watertown Road, to connect a new culvert to existing infrastructure. Miscellaneous grading is also required to better direct water runoff. The contractor shall provide all equipment, material, and labor to complete the work associated with various items described above and listed below. This extra work will be paid for with Group #1 funding (S.A.P 152-103-004). In accordance with Mn/DOT Specification 1403, the Engineer issues this Work Order to add the additional work items in accordance with all applicable specifications and as directed by the project supervisor. This work is not expected to become, or affect the Controlling operation. Contract time will not be altered as a result of this work except as provided in Mn/DOT Specification 1806_ ESTIMATE OF COST Increase: Item No. Item Unit Unit Price Quanti1y Amount 2506.501 Labor Lump Sum $1,920.66 1 $1,920.66 2506.501 Equipment Lump Sum $907.85 1 $907.85 2506.501 Material Lump Sum $1,011.75 1 $1,011.75 Total Increase this Work Order = $3,840.26 Received By: a Issued By:...e AAf T •0-. Contractor Project Engtneer/Supervisor Date � /' / /" Date *Approved : Assistant District Engineer *Required for Work Orders that exceed $25,000.00 Original to Engineer Copy to Contractor Date Copy to Construction and Innovative Contracting CONTRACTOR'S PAY REQUEST DISTRIBUTION: WATERTOWN ROAD REHABILITATION - PHASE II CONTRACTOR (1) SAP 152-103-004 OWNER (1) CITY OF ORONO, MN ENGINEER (1) BMI PROJECT NO. C13.110827 TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $606,568.92 TOTAL, COMPLETED WORK TO DATE $537,630.15 TOTAL, STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $537,630.15 RETAINED PERCENTAGE ( 5%) $26,881.51 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $510,748.64 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $345,797.76 PAY CONTRACTOR AS ESTIMATE NO. 3 $164,950.88 Certificate for Partial Payment hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. 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C5, dj2? z 0C-) drURF K Luu�+i1 XXX W-" W LU �ow�j�� CL 4� W YO R a W ,mmom � FQ'� z O�� monnoyaw g� C i� X� Q a O Q OQ U) Nlw�ip. W 401 WWW 1. W y WpUI�0 frA V YCM] lK O0 E � GNC v7 V]�O � eoOCDO0Nta mmmm��NY v1 N NN R V N N N N N N N N REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Adam T. Edwards Y"-4 Title Public Works Director/City Engineer Item Description: Public Works Maintenance Worker Appointment DATE: September 12, 2016 ITEM NO: 9 Agenda Section: Public Works Director/ City Engineer's Report 1. Purpose. The purpose of the agenda item is to gain Council approval to appoint a new Maintenance Worker within Public Works. 2. Background. The Public Works Department has six full time maintenance worker positions. The maintenance worker positions are critical to meet current service needs and is essential to City operations. In July, Mark Lemen resigned his position. 3. Recruitment. The selection process for the vacant position has been completed. The process involved application screening, an interview panel and reference checking. 4. Recommended Candidate. The top candidate is Mr. Ronald (Ron) Rice. Ron has 20 years of equipment operation and landscaping. In addition Ron has an understanding of customer service and possesses a positive attitude and willingness to learn new things. I believe he will be an asset to the Public Works Department and City. 5. Recommended Compensation. I recommended that Mr. Rice be appointed to the position of Public Works Maintenance Worker effective September 28th, 2016. a. Salary. Starting salary of $23.01/hr (Grade 7, Step 1) b. Vacation. Starting vacation to be earned at a rate or 10 days (80 hours) per year. COUNCIL ACTION REQUESTED: Consider a motion to appoint Mr. Ronald Rice as a Public Works Maintenance Worker. Date Application Received: 6/22/16 Date Application Considered as Complete: 08/4/16 60 -Day Review Period Expires: 10/4/16 120 -Day review Period Expires 12/4/16 REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 10 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart ym� Planning Title Community Development Director Item Description: #16-3847, Charles Cudd, LLC on behalf of DDK, LLC, 2525, 2535 & 2545 Shadywood Road, Preliminary Plat and Rezoning Application Summary On August 8th, the Council directed staff to prepare resolutions formally approving the preliminary plat, comprehensive plan amendment, and conditionally approving the rezoning of three parcels constituting Shadywood Villas, 2525, 2535, and 2545 Shadywood Road. The Council approved the resolution amending the Comprehensive Plan on August 22, 2016, the formal application has been submitted to the Met Council. The preliminary plat resolution, attached as Exhibit A, follows the standard city template for approval of a preliminary plat, and includes fees and submittal requirements for final plat, which is expected in the near term. In developing the resolution, staff has identified two areas were further clarification is necessary: Trail location. No trail is proposed within the development. The developers propose a trail to be located within the Shadywood Road right of way. The past two developments (Orono Preserve and Eisinger Meadows), the developers provided easements for trail purposes within the development. The Council should direct staff to make appropriate changes to the resolution. Buckhom. It was noted during the council meeting that the removal of buckthorn, an invasive species, would have a drastic visual impact on the adjacent parcels, and the Council suggested that the buckthorn could remain, which is inconsistent with past practice and the recommendations of the environmental analysis. Staff and the developer seek clarification. Action Requested: Approve by resolution the preliminary plat and zone change, subject to the approval of the Comprehensive Plan amendment by the Met Council. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Revised Drawings: 1. Revised Preliminary Plat 2. Revised Grading and Utility 3. Revised Grading and SWPPP 4. Revised Tree Preservation Exhibit C. Council staff report and exhibits dated August 8, 2016 Exhibit D. Council minutes August 8, 2016 A RESOLUTION GRANTING PRELIMINARY PLAT AND REZONING APPROVAL FOR PROPERTY LOCATED AT 2525, 2535, and 2545 SHADYWOOD ROAD FILE NO. 16-3847 WHEREAS, Charles Cudd Co. LLC, a Minnesota limited liability company (hereinafter the "Developer") is the agent for DDK, LLC, a Minnesota limited liability company is the owner of the properties at 2525, 2535, and 2545 Shadywood Road (hereinafter the "Owner") within the City of Orono (hereinafter the "City") and legally described as follows: Lots 1, 2, and 3, Block 1, Leach Addition, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Developer has requested Preliminary Plat Approval for development of the Property and rezoning of the property from B-4 (Office/ Professional) and LR - 1B (One Family Lakeshore Residential) to RPUD Residential Planned Unit Development District for construction of 7 single-family homes; and WHEREAS, on August 4th, 2016 the Developer completed their application originally filed on June 22, 2016 for comprehensive plan amendment, rezoning, and preliminary plat approval for a 7 -lot residential subdivision 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, the Orono Planning Commission held a public hearing for the application and reviewed it on July 18, 2016, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission on Julyl8, 2016 recommended on a vote of 6-0 that the Council approve the rezoning to RPUD Residential Planned Unit Development District; and on a vote of 6-0 that the Council grant preliminary plat approval subject to a number of conditions and recommendations; and WHEREAS, the Orono City Council was given the opportunity to review a sketch plan for the Property at a regular meetings June 2016, and has reviewed the formal application at its regular meeting on August 8, 2016; and WHEREAS, the City Council hereby makes the following findings in regard to Page 1 of 15 this application for Preliminary Plat approval and rezoning to RPUD: FINDINGS A. Communitygement Plan Conformity; CMP Amendment 1. This application was reviewed as Zoning File #16-3847. 2. The City Council has granted preliminary approval for the amendment per the findings contained within Resolution No. 6665 adopted August 22, 2016, and it has been forwarded to the Metropolitan Council for review and approval. B. Rezoning from RR -1 B to RPUD 3. The Property is located within the Metropolitan Urban Service Area (MUSA) and is intended to be developed using municipal sewer and water. Municipal sewer and water are planned to be extended to serve the property. 4. Because the property is proposed to be reguided in the CMP for single family residential use at a density of 3-7 units per acre, the property should be rezoned consistent with the intended and guided use. The most appropriate zoning for the intended use is RPUD, Residential Planned Unit Development District. 5. The property contains approximately 3.67 gross acres, but of which only approximately 2.3 acres is developable, the remainder consisting of wetlands. The Council finds that the property is appropriately rezoned to RPUD given its location, typology, and intended land use. 6. Rezoning the property to RPUD Residential Planned Unit Development is appropriate based on the medium -density residential nature of the proposal, which meets the following general purposes of the RPUD District: a) incorporates flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; b) provides lifecycle housing with the potential to meet affordable and moderate cost housing needs; c) incorporates energy conservation through the clustering of buildings and land uses, d) preserves desirable site characteristics and open space and protects sensitive environmental features, including sensitive wetland areas; Page 2 of 15 e) provides design compatible with surrounding land uses, including both existing and planned; f) results in a sensitive development in the transitional area located between low- density single family uses to the north and south, taking into account the location between two arterial highway corridors as well as the agriculturally used property to the east guided for future medium-high density residential use; and g) yields development which is consistent with the Comprehensive Plan guiding for higher density than the typical urban and rural residential development in Orono. C. Environmental Considerations; Site Planning & Amenities, Transportation; 7. Conservation Design. Pursuant to the City's Conservation Design ordinances the Developer has submitted a Conservation Development report prepared by ISG dated July 8, 2016. Key elements of the report include a Natural Resources Inventory of the non -developing portions of the site including review of the MLCCS Land Cover Classification data, wetland delineations (approved by the MCWD), site vegetation review, and outlining of a basic Conservation Design Master Plan. The information was supplemented by the Developer with a tree inventory of the portion of the property being developed, as well as a preliminary stormwater management plan. Where buckthorn exists, it will be required to be removed. Specific seed mixes are proposed for the buffer areas. 8. Wetlands on Site and/or Impacted. The property contains a large 1.33 acre wetland on the west side of the property. This wetland is not proposed to be impacted. The reported MCWD base buffer width requirement is reported as 30 feet. Applicants have proposed a buffer of 35 feet. The proposed buffer plan results in approximately 0.211 s.f. of buffer. The City code requires a minimum structure setback of 35' from the wetland boundary, plus 10' additional where the 35' setback would be less than 10' from a MCWD required buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. 9. Tree and/or Woodland Impacts. The portion of the site being developed contains a variety of mature tree species, mainly around the perimeter of the developable Page 3 of 15 portion of the property. These trees include deciduous hardwoods (ash, boxelder, elm, maple, oak, hickory, and hackberry) as well as white spruce but are primarily ash and boxelder. Approximately 120 trees were inventoried upland of the wetland, many of these trees will be removed to accommodate grading, utility work, and home construction. Outside the development area, within the buffer area, trees will remain to maintain the existing screen. 10. Landscaping. The proposed landscaping plans will be evaluated for compliance with the RPUD landscaping requirements. Preliminary review of the landscape plans indicate 49 trees will be planted within the development area, with about half of these being coniferous species. Additionally the preliminary plans call for additional shrubbery and perennial plants. 11. Conformity with Zoning District Standards. In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8). The RPUD standards as written for detached single family use do not accommodate the type of smaller, narrow lot style of development that is proposed. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16) provides for flexibility in RPUD standards, as follows: (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. This proposed development concept requires a significant departure (flexibility) from the RPUD district lot standards for individual homesites. The table below identifies specific standards which require flexibility, which the City Council finds acceptable: Page 4 of 15 12. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. No more than 20% of the project area will be hardcover. The applicant proposes to use permeable pavers in the driveways. While the city does not recognize this practice as reducing hardcover, it does reflect the developers desire to manage storm water effectively and creatively. 13. Streets. All 7 lots will be served by a new public street to be platted as Right of Eayand be constructed by the developer to City standards. All 7 lots will have driveways accessing the new road system, and none shall have direct driveway access to Shadywood Road. 14. Access to Shadywood Road. Hennepin County has indicated preliminary approval for an access onto Shadywood Road at the northerly corner of the site, to accommodate future development in the area. Hennepin County has requested additional right of way, no additional right of way is proposed. The preliminary indications are that no turn lanes will be required. 15. Easements Required. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. Drainage easements will also be required over Page 5 of 15 RPUD District Minimum Proposed SFR Standard Lot Standards Minimum project size: 5 acres 2.34 acres Minimum lot size: 15,000 square feet 7,800 s.f. — 61,400 s.f. (incl. wetlands) 4 of 7 lots < 15,000 s.f. Minimum lot width at setback line: 90 feet 50' min and typical/ 70 ft widest Minimum front building setback 25 feet 20' feet min. (25' to Shadywood) Minimum side yard setback: 10 feet Side 1: 7 feet Wetland building setback: Greater of 35 feet or 35 feet (Lot 6) MCWD buffer plus 10 feet Private Recreational Area: 10% of gross project area 0% proposed 12. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. No more than 20% of the project area will be hardcover. The applicant proposes to use permeable pavers in the driveways. While the city does not recognize this practice as reducing hardcover, it does reflect the developers desire to manage storm water effectively and creatively. 13. Streets. All 7 lots will be served by a new public street to be platted as Right of Eayand be constructed by the developer to City standards. All 7 lots will have driveways accessing the new road system, and none shall have direct driveway access to Shadywood Road. 14. Access to Shadywood Road. Hennepin County has indicated preliminary approval for an access onto Shadywood Road at the northerly corner of the site, to accommodate future development in the area. Hennepin County has requested additional right of way, no additional right of way is proposed. The preliminary indications are that no turn lanes will be required. 15. Easements Required. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. Drainage easements will also be required over Page 5 of 15 all storm water management facilities. 16. Lighting. Internal street lighting should be at a low level consistent with the surrounding rural residential character while providing the necessary level of security, and will be maintained by the homeowners association. Private street lighting will be provided by the developer, then maintained through standard agreement between the homeowners association and the appropriate public utility company. 17. 10% Private Park RPUD Requirement. The private recreation area of `10% of the platted property' required under the RPUD standards will be satisfied by the preservation of the wetland and a passive open space and the provision of trails along Shadywood Road. The Council finds this acceptable given the unique and sensitive features of the site, including the tree cover, wetland, and its location. 18. Park and Trail Dedication. There are no identifiable public parkland needs at this location. However, development of the proposed housing will generate additional use of existing City park facilities in the area. The Council finds that no park lands need to be dedicated and the park dedication should be in the form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code. Additionally, the Council finds that although no public trails along the property boundaries are planned, it would be prudent to obtain a trail easement over the northerly 10 feet of the property for potential future trail use, such easement to coincide with the required 10' drainage and utility easement in that same location. The developer and/or individual property owners shall be allowed to landscape the trail easement area with the understanding that if a future trail is constructed, the landscaping may be at risk and there will be no compensation for its removal as a result of the trail construction. 19. Stormwater Management. Stormwater management is proposed to be provided via several methods. The developer proposes to utilize permeable pavers in the driveways, reducing the percentage of hard cover to be below the watershed districts standards for rate and volume control. A storm water pond will be developed at the SE corner of the site, prior to discharge into the system along Shadywood Road. An additional pond will be provided near the SW corner of the developed area, to maintain rate and volume control of storm water prior to entering the wetland complex downstream. The storm water facilities will be subject to standard drainage easements. In addition to the City of Orono, the Minnehaha Page 6 of 15 Creek Watershed District have approval authority over the applicants' stormwater management plan. Final stormwater plans will be subject to the recommendations and approval of the City Engineer. 20. Stormwater and Drainage Improvements & Fees. The property will be subject to the Stormwater and Drainage Trunk Fee. Recent Council action to revise the Trunk Fee provisions would result in a fee (for development at greater than 4.0 units per acre) of $8,490 per acre (2016 Fee Schedule), based on non -wetland and stormwater management acreage. The acreage charge shall be calculated based on the area of individual platted lots plus the area of roads to be consistent with the provisions of the City ordinance, shall include wetland buffer areas adjacent to the individual lots. The fee is estimated at 17,574.60 (2016 fee). 21. Utility Locations/Availability/Assessments/Connection Fees. A new sanitary sewer main will extend from an existing manhole at the southern property line, extending through the public street. Water will connect to a new water line on the north side of Shadywood Road. Connection fees are covered in Section M at the end of this document. 22. The applicant has provided General Concept Plans and Preliminary Plat Drawings attached to this Resolution as Exhibits B-1 through B-6 including: B 1 — Preliminary Plat dated 08-31-2016 B2 — Grading and Utility Plan dated 08-31-2016 B3 — Grading and Stormwater Plan dated 08-31-2016 B4 — Tree Preservation dated 08-31-2016 B5 — Landscaping Plan dated August 4, 2016 B6 — Elevation and floor plans Council finds that the plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. 23. City Engineer Comments. The City's consulting engineer has provided comments and recommendations regarding all aspects of the development plans, in letters dated July 21, 2016 and August 11, 2016. Those comments are attached hereto as Exhibit C. General Development Plans and Final Plat approvals will be reviewed for conformity with these recommendations. 24. The City Council finds that the development of this property must set a high Page 7 of 15 standard for the quality, character, context and compatibility of development desired by the City for medium density development in Orono. The Council finds that the proposed comprehensive plan reguiding, rezoning and proposed development of the property for medium density single-family residential use is appropriate for the property, will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the General Concept Plan and Preliminary Plat for development of the property at 2525, 2535, and 2545 Shadywood Road subject to the following declarations and conditions: 1. This approval is subject to the prior approval by the Metropolitan Council of the proposed Comprehensive Plan Amendment to reguide the property from Mixed Use Residential (4- 15 units per acre) to Medium Density Residential (3-7 units per acre), and this approval shall not take effect until such time that Metropolitan Council approval is granted. 2. The City of Orono will approve rezoning of the property to RPUD as described herein upon City Council finding of satisfactory completion of the Conditions for Development Plan approval. 3. Conditions for Development Plan Approval are as follows: A. RPUD Development Standards and General Conditions. 1) The total number of residential dwelling units shall be 7 single-family homes generally as configured on the preliminary plat attached as Exhibit B 1. 2) Developer shall provide a final Development Plan for the development that conforms to all standards of the RPUD District except as modified herein, and shall demonstrate to the satisfaction of the City Council that all RPUD standards have been met and shall demonstrate where such standards have not been met, and shall satisfy the City Council that non-compliance with said standards is remedied in a manner acceptable to the Council. Page 8 of 15 5) Street lighting if proposed shall be provided by the Developer and shall be of a style, number, height and location approved by the City. Street lighting shall be downcast, fully shielded and at a low level consistent with the surrounding rural residential character while providing the necessary level of security. 6) Building footprints and styling shall be generally per the examples included in the attached Exhibit B-6. Developer shall make every attempt to ensure that identical dwelling units are not placed side-by-side. 7) Flexibility shall being granted for the lot area, width and setback standards of the RPUD District as noted in the Findings section above. 10) Significant trees identified to remain shall be protected with snow fence at the drip line, and no material storage may occur within the fenced area. 11) Applicant to confirm with SHPO that that there are no archaeological sites within the property. 12) Applicant shall dedicate an easement for potential future public trail purposes over the northerly 10 feet of the property. B. Transportation 1) The new road serving the development shall be platted as Right of Way. 2) Concrete curb & gutter will be required. Individual driveway approaches within the right-of-way shall be of concrete. 3) The cul de sac shall be reviewed to ensure that moving vans, garbage trucks, firetrucks, etc. are accommodated. The Long Lake Fire Department shall review the interior road system, and any revisions required for fire -protection purposes shall be made by the Developer. 4) Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. C. Utilities; Stormwater Management Page 9 of 15 1) Sewer and water mains shall be installed by the Developer per the Preliminary Grading and Utility Plan attached hereto as Exhibit B-2, subject to the modifications noted in the City Engineer's approval. 2) The City will own and maintain the sanitary sewer and water mains within the development. The City will inspect these systems during their construction to ensure proper installation. Drainage and Utility Easements shall be granted to the City of Orono over all sewer and water main lines and facilities that are not within dedicated public rights-of-way in order to facilitate future system maintenance. 3) The Developer shall install stormwater management facilities generally as shown on the various attached plans. Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before Development Plan and Final Plat Approval will be granted. The Developer shall provide sufficient drainage and utility easements as necessary to allow for future City maintenance access for stormwater management facilities. D. Wetland Impacts 1) Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono's behalf, are complied with. E. Grading, Erosion Control 1) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 2) The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary Page 10 of 15 measures such as fencing, signage, etc. to ensure they are not disturbed. F. Other General Conditions. 1) Monument signs may be provided by the developer at the entrance to the RPUD development site. The signage shall be limited to a development name and/or logo on the monument signs. Final design/materials of monument signage shall be provided as part of the final development plan submittals and shall be subject to approval by the City. 2) The applicable general engineering comments and or conditions provided by City Engineer Robert Bean dated July 21, 2016 and August 11, 2016 attached hereto as Exhibit C shall be suitably addressed by applicant in the development plan submittal. 3) Developer shall create a Homeowners Association and covenants establishing development design standards as well as responsibilities for maintenance of driveways, landscaping and grounds, the sign, and fencing. Developer shall provide copies of proposed covenants and documents describing the structure, rights and responsibilities of the homeowners association to be reviewed by the City Attorney. G. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. 2) Final Street and Storm Sewer Plans. 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used Page 11 of 15 during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. 4) Final Landscaping Plan with planting schedules including numbers and species, in accordance with the landscaping requirements of the RPUD zoning district, and the recommendations contained within the Conservation Design Master Plan. 5) Detailed monument signage and street lighting plans if any. 6) Any additional plans and specifications deemed necessary by the City as review progresses. H. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the Zoning Administrator 2 weeks 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 (3) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates dated August 31, 2016 attached hereto as Exhibit B 1, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of areas shown as wetlands. D. Dedication of "Drainage Easements" over all drainageways E. Name of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of 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. Page 12 of 15 B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Conservation and Flowage Easement to be granted over all delineated wetlands on the plat. D. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. E. Signed Trail Easement over the northerly 10 feet of the property. 3. Final plat approval fee to be paid: Total due: $ 700.00 I. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. J. Financial Guarantee. The Development Agreement 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, including but not limited to public and private streets, curb & gutter, sidewalks, storm sewers, landscaping, grading, erosion control, utilities, driveways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. K. Storm Water and Drainage Trunk Fee. The property will be subject to the Stormwater and Drainage Trunk Fee, due at the time of final plat approval. The Trunk Fee provisions result in a fee for development at 4.0 units per acre or greater of $8,490 per acre (2016 Fee Schedule), based on non -wetland acreage. The acreage calculation for Trunk Fee purposes is calculated as follows: Total Area of plat 3.67 acres Less Area within wetland: 1.33 acres Less Area within stormwater: 0.27 acres Total calculable area: 2.07 ac. Trunk Fee: 2.07 acres x $8,490/acre = $17,574. Page 13 of 15 L. Park Dedication The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. The City Council has determined there is no need for dedication of land from the proposed development. Because of the vastly differing land values in the city, the eight percent park dedication requirement could result in park dedication requirements that are either significantly greater than or significantly less than the amount which is roughly proportional to the impact of the proposed development on the city's park system. Periodically, therefore, the city will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the city's park system and the proportionate share of this projected cost to be borne by new dwelling units in the city. 8% of the value of the land is lower than the minimum, so $3,250 per residential unit will be used. Therefore the park dedication due at the time of Final Plat is $22,750.00. However, as part of the original plat for the subject property, Leach Addition, (1978), three lots were platted, and park dedication paid. Park dedication for four lots are due with the Project. The adjusted park dedication is $13,000.00 (4 x $3,250.00) M. Sewer and Water Connection Charges. Water connection charges paid as part of the 1970 LW -1 project were 7.5 residential equivalent units. No additional water connection charges have been identified. Assessed charges as part of the 1984 Lift Station 7 and forcemain upgrade are owed as part of this project and amount to $2,550.00 per unit ($610.00 + $1940.00). Based on 2016 fee schedule, the fees are: $0.00 for municipal water and $17,850 for municipal sanitary sewer. (2,550.00 x 7) These amounts will be due and payable at the time of final plat approval. 4. This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 5. This 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 Plan Approval" as identified herein have been met. Page 14 of 15 6. This Approval shall be effective until December 31, 2017 per the provisions of Zoning Code Section 78-628. If General Development Plan and Final Plat Approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. Adopted by the Orono City Council on this day of , 2016. ATTEST: Lill Tod McMillan, Mayor Diane Tiegs, City Clerk Applicant (for Charles Cudd, LLC) STATE OF MINNESOTA } } ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by , the of Charles Cudd LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public Page 15 of 15 '5b` I16149TREEPLAN4.SCJ 1R_1AO co OGS PSG CON TO SHADYWOOD VILI-,AS TREE PRESERVATION PLAN FOR CONCRErfIY�Vf ` / p��' '�° v ' HYD'7' CASCO VENTURES LLC STjNG / _ \ VI do OF LOTS 1-3, BLOCK 1, LEACH ADDITION lLo/N� �F� #2477 OR HENNEPIN COUNTY, MINNESOTA e'�OSED BL@CKTOP '95i �Py gyp. PROP / 958 \\ ° \ (0-� g56 c�\�� ° �0 ti k� \ / / �y \ pC My S o9 ° x/' OSS) LE F SRM O / HOUSE �° Qos�° eR o� �./ / \. \ \ / wAkKouy 5 \ G, 952,,4 / Q S \ --956-- — /' 0 gho \ ' � s TF- 52.7 / • � •9 • � / / \ iti�M 84.0/ O \ -9 9s? ,;' 939 D POSSIBLE/ y \ \ \ \ \ 54 — — _•-- °� 954 \ \ / 3 s� \ HOUSE g W WF51 OU �\ . 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DRY �° , 2 \ \ \ e 93 / o tiC, �, l�j, \ \ \ 6 LEGAL DESCRIPTION OF PREMISES n� s� \ gDX� 934 / \ \ ELDER / 9 0 \ \� 932 / / Lots 1 2 an 3 I � \ I � / \ d Bock 1, LEACH ADDITION 0 90kf f o denotes iron marker 150 / /NV --(g23156) / (908.3) denotes existing spot elevation, mean sea level datum spot denotes ro elevation mean sea level datum P P --917- --: denotes existing contour line denotes proposed contour line \ / ° / MAPLE- \ denotes existing tree from ISG tree survey Ur/HgINq�E S denotes existing tree to be removed \ Y Eq SEMS D This sketch plan intends to show the boundaries of the above described property, �\ \ ✓' / existing topography, and proposed lots, utilities and grading thereon. It does not purport to show any other improvements or encroachments. CURRENT ZONING = B-4 FOR #2535 & #2545 \ '%X LR -113 FOR #2525 / TOTAL AREA = 3.67± AC. DRY AREA = 2.34± AC. ' \q�q���4s2 \ / WET AREA = 1.33± AC. OWNER \ 6ro \ CASCO VENTURES, LLC MH 106 16192 HIGHWAY 7 \ MINNETONKA, MN 55345 4 \ MH INV=1925.675 TT M My �6 ^ W a ,—, z z cO L0 "a = r- � a n L L •01 Ew—i z g D a L y O +� U y Q a�.00 J _ O>�`� z"d- LU a U w- > I E�-:2 A o n zi vi 3: CA � -0O a o J Q- C: � 0 �z= W wz \ � ir of ofLa � o z ZZz W Ln W�°�°��� N T0' V� DC7 ° 00 °' W -Mz� cfl U LLJD 0 ryin O Z i My a L O LO QO = r- •j C N L L •01 o C W L g D y O +� U a�.00 z LU E�-:2 .2 a zi vi N � -0O 'W O Q- C: o 0 C L .0 o -1 \ Q) E . ir of ofLa �41 E� W�°�°��� N oC: L _ v� DC7 ° N N � c 0-41 L- -0C < <O C 00 o - 3 0 Z i a = Z L g y a r LU a zi vi N zi 0 a a ir of ofLa W�°�°��� Q N � c < <O ^ 00 Date Application Received: 6/22/16 Date Application Considered as Complete: 08/4/16 60 -Day Review Period Expires: 10/4/16 120 -Day review Period Expires 12/4/16 REQUEST FOR COUNCIL ACTION DATE: August 8, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart ym� Planning Title Community Development Director Item Description: #16-3847, Charles Cudd, LLC on behalf of DDK, LLC, 2525, 2535 & 2545 Shadywood Road, Preliminary Plat, Comprehensive Plan Amendment, and Rezoning Application Summary Preliminary Plat. Charles Cudd, LLC is requesting preliminary plat, comprehensive plan amendment, and rezoning approval to subdivide three existing lots into 7 single family, detached homes. The proposed project is to be called Shadywood Villas. The 7 building sites will be served by municipal water and sanitary sewer. Access will be provided via a new public road off of Shadywood. This new road is intended to line up with a future drive serving the former Freshwater vacant lot across Shadywood. The attached, as Exhibit D staff report to the Planning Commission provides additional information; the attachments are also provided as Exhibit E. Comprehensive Plan Amendment. As proposed, the Comprehensive Plan amendment will lower the density of the served areas below 3.0 units per acre. The attached Comprehensive Plan Density analysis, attached as Exhibit G, shows this impact. A logical remedy is to adjust the prescribed density of the mixed use areas to 6 units an acre (from 4 units an acre). Development of mixed use, predominantly in the Navarre area will likely require significant capital investment and redevelopment, including a goal of more than 4 units an acre. Further, portions of the plan already suggest 6 units an acre. A comprehensive plan amendment will require 4/5 vote to move forward. Rezoning. The development is based on RPUD zoning, which allows for flexibility in design necessary to meet goals of the comprehensive plan. The chart below highlights the flexibility necessary. The only change in the chart is the FAR increased to 0.43, reflecting a 3,400 square foot home, still below the standard.??? Updated information Due to the nature of ongoing review of the application in addition to the Planning Commission's recommendations, the applicant has revised the drawings, provided as Exhibit A and summarized here: Engineering Review: Review of the preliminary information was completed on July 21, 2016 and forwarded to the applicant. In response, staff met with the applicant to go over these comments, many of which were based on incomplete storm water planning; this information has been provided and is being reviewed. Should the Council wish to approve the preliminary plat, staff suggests a condition that all engineering comments be addressed to the satisfaction of staff and the city engineer. It was noted during the planning commission review that the proposed ponds required the removal of several significant trees. Responding to the goal of preserving as many trees as possible, the developer proposes to use pervious pavers in the driveways and reconfiguring the pond shape and locations. Adding pervious pavers reduces the hardcover as calculated by the watershed district below their review threshold, meaning their rules pertaining to rate and volume do not apply. However, because of the history of flooding in the area, in particular along Kelly Avenue, staff has evaluated the grading plan to ensure that storm -water is retained onsite and distributed at the current (predevelopment) rate and volume RPUD District Minimum Proposed Flexibility SFR Standard Lot Standards Required? Minimum project size: 5 acres 2.34 acres Yes Minimum lot size: 15,000 square feet 7,800 s.f. — 61,400 Yes s.f. (incl. wetlands) 4 of 7 lots < 15,000 s.f. Minimum lot width at setback 90 feet 50' min and typical/ Yes line: 70 ft widest Minimum lot depth: 125 feet Varies - all 150' + No Minimum front building 25 feet 20' feet min. (25' to Yes setback: Shadywood) Minimum side yard setback: 10 feet Side 1: 7 feet Yes Minimum rear yard setback: Lesser of 40' or Lesser of 40' or No 20% of lot depth (30 feet) 20% of lot depth Maximum FAR: 0.50 .43 (assumes 3,400 No sq ft single story home) Wetland building setback: Greater of 35 feet or 35 feet (Lot 6) Yes MCWD buffer plus 10 feet Private Recreational Area: 10% of gross project area 0% proposed Yes Building height: Maximum of 30 feet of defined) No All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured No homes, shall have a width of at least 20 feet for at least 50 percent of their depth. Updated information Due to the nature of ongoing review of the application in addition to the Planning Commission's recommendations, the applicant has revised the drawings, provided as Exhibit A and summarized here: Engineering Review: Review of the preliminary information was completed on July 21, 2016 and forwarded to the applicant. In response, staff met with the applicant to go over these comments, many of which were based on incomplete storm water planning; this information has been provided and is being reviewed. Should the Council wish to approve the preliminary plat, staff suggests a condition that all engineering comments be addressed to the satisfaction of staff and the city engineer. It was noted during the planning commission review that the proposed ponds required the removal of several significant trees. Responding to the goal of preserving as many trees as possible, the developer proposes to use pervious pavers in the driveways and reconfiguring the pond shape and locations. Adding pervious pavers reduces the hardcover as calculated by the watershed district below their review threshold, meaning their rules pertaining to rate and volume do not apply. However, because of the history of flooding in the area, in particular along Kelly Avenue, staff has evaluated the grading plan to ensure that storm -water is retained onsite and distributed at the current (predevelopment) rate and volume consistent with these rules. At the suggestion of the city engineer, modifications to the plan include directing more of the storm -water to the east, away from the Kelly Avenue wetland The use of pervious pavers is growing in practice as a means to reduce storm -water runoff. However, it does require some maintenance, and there is no obvious signal that the pervious paver system is not working. Because of those reasons, staff does not support the use of pervious pavers on private property intended to eliminate the need for storm water retention. In the proposed application, staff supports the use because the driveways will be maintained by the homeowners association, and the storm -water system has been sized to assume the driveways are impervious. Homeowners association. The developer proposes a homeowners association to maintain the driveways and grounds (the street as proposed is public). The governing documents on the homeowners association will be closely reviewed at the time of final plan. Tree removal/ retention. With the modification of the storm -water plans, it appears 14 significant trees originally thought to be removed will be retained, primarily along the southern property line. Landscaping. A landscaping plan has been prepared. Preliminary review of the plan shows a desire to retain the exiting tree line between the built area and the wetland slope, near the rear edge of the homes on lots 5, 6, and 7. The ability to retain these trees with the proposed grading will be reviewed. The developer proposes adding 48 new trees, including black hills spruce, willow, maples, and blue spruces. Small ornamentals are also proposed near the storm depression area and at the entrance monument. Planning Commission Recommendation The Planning Commission reviewed the project at their meeting on July 18, 2016. The Planning Commission minutes are attached at Exhibit C. The Commission felt that this proposed use and development was appropriate for the area. The Commission recommended approval of the preliminary plat. Included among the conditions was the Park Commission was to review the plan prior to City Council review. Due to timing, the next park commission meeting is scheduled for September, after the City Council reviews the proposal. The Council should determine if Park Commission review is necessary. It is not required by City Ordinance. Public Comment To date, the city has received a number of comments regarding the proposal. The comments range from supporting the project to suggesting the city deny the project. These letters were provided to the Planning Commission and are included in Exhibit H. While three area residents spoke at the public hearing, a number of residents were unable to attend the public hearing due to personal conflicts. Action Requested: Direct staff to prepare a resolution supporting the proposed development and incorporating the following actions, with the conditions as indicated: A. Comprehensive Plan Amendment, 1. The City should identify alternate sites for higher density development. B. Rezoning to RPUD, 1. Conditioned on the city approving the final plat. C. Preliminary plat approval subject to the following conditions: 1. Flexibility being granted for the lot area, width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 4 level of 50% on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the findings included in the Conservation Design report, including the removal of buckthorn and invasive species on the site. 3. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4. Applicant to confirm with S14PO that that there are no archaeological sites within the property. 5. 10% private recreational space requirement will not be required. 6. Park Dedication Fees and Storm Water & Drainage Trunk Fees, as well as municipal sewer and water connection charges to be collected in full at the time of final plat approval. 7. Vacation of easements as appropriate through the site. 8. Provision of drainage and conservation easement over wetland and storm -water areas. 9. All items in the City Engineers memo dated July 21, 2016 shall be addressed to the satisfaction of the city. List of Exhibits: Exhibit A. Amended preliminary plat drawings a. Preliminary Plat b. Grading and Utility c. Grading and SWPPP d. Tree Preservation e. Landscaping Exhibit B. Notice of PC Action Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report Exhibit E. PC Exhibits Exhibit F. City Engineers memo dated July 21, 2016 Exhibit G. Comprehensive Plan Density Analysis Exhibit H. All public comments received to date. Exhibit 1. Wetland NOD Exhibit J. Revised Narrative Council Exhibit A.a SHADYWOOD VILLAS PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR ; RA:.;;?"13 CASCO VENTURES, LLC EXerft OF LOTS 1-3, BLOCK 1, LEACH ADDITION .2 HENNEPIN COUNTY, MINNESOTA PROPOSED #2535 95 6 OUTLOT B 0.35' AC. 411 0,a*� AC:'' \. D p \i o [tg 9ry°°' \7.�N\ \\\�`\ \Y' \ \��\-�\\��', :�'" •s' \ P SSIBLE ,S• POSSIBLE, OUSE /' I � r j, / POSSIBLE k H SE / OUSE 0.32' AC. \\\ `Sy \� 2 SLE \ //0.231 AC. z / 2545 141- A \ �, \ so.�\ // / \ \C/ ACi D�Y\' ! ` \ \�\�� \ \ \ 0.21'- AC. /n �' o; 090 .-\?s�/ II ry�n•`// /�� \ `\ �\'ts�\\ `� �,\ `POSSIBLE �h;a�'o' c/ \ \ HoosE 7bb NIC .... �! ,..`PROPOSED WETLAND CONSERVATION EASEMEN\ .' ` i r / /cp \ R� D 'Cf '.•.. 66 \ 149 y6 LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 1, LEACH ADDITION o : denotes iron marker (908.3) : denotes existing spot elevati)n, mean sea level datum 917--: denotes existing contour line This sketch plan intends to show the boundaries of the above described property, existing topography, and proposed lots thereon. CURRENT ZONING = B-4 FOR #2535 & #2545 LR -113 FOR #2525 TOTAL AREA = 3.67' AC, DRY AREA = 2.34`_ AC. WET AREA = 1.331 AC. OWNER : CASCO VENTURES, LLC 16192 HIGHWAY 7 MINNETONKA. MN 55345 H- U LLJ Q X El- mo- °�6 v o�� E o�� z VME! V j So € t Eo, TN p.. VI �e..muow.sa 16-149 Council Exhibit A.b PROPOSED HAL RW o o D Y GRADING VILLAS D L L A SUTILITY PLAN FOR CASCO _VE oNTURES, LNC OF ADDITION HENNEPIN COUNTY, MINNESOTA g5fi' VVV / Mw \ \ jsi \\\\ o � h. .......... 30. 06 \ '� \\ M+ mom. \ R _ ._ 4 F o �I,N ,')ft-Tft y`a, 1�Jgy. Mz477 �\ ° O 200 0 ;s.' iP o a > POSSIBLE •% 14C. \ NSE / 52 \, am" / PROPOSED CKTOP �O' 'T ,/ } ,/o / ./ o y , - 94z \ / / GA99KWT \ /j.fX�\/ 11a0i/ \ 29)gW PO�BLE/ \ 57 �pRopos 0 i$ i I/ r A�. W 0`3,! k POSSIBLE $S \ \ WALKOUT / ''.:' 951,7,944 .0 -954- O• Y / 95 \\ PD PO "R / \ H�OLE #2525 1�po 9.4 1 1 ) T 48 G-9 EJC — - s%94R.7 8-940.0 o� 4 F o �I,N �\ \\00,RES 0 \ \ ;s.' iP o a > POSSIBLE •% 14C. \ NSE / 52 \, am" / PROPOSED CKTOP �O' 'T ,/ } ,/o / ./ o y , - 94z \ / / GA99KWT \ /j.fX�\/ 11a0i/ \ 29)gW PO�BLE/ \ KOUT ••- ro W 0`3,! k POSSIBLE $S \ \ WALKOUT / ''.:' 951,7,944 .0 /TF -951.70 zW z� C '4 E- z, w c a a a M yy � N �U z4 3 a o �W= z W z � rya z O W z Z Z rA w U r I` o EiC 50 � 25°p. /y 6p�6• II I C:Oseo : 9"15- s .1 0- WK' All LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 1, LEACH ADDITION o : denotes iron marker (9oa.3) : denotes existing spot elevation, mean sea level datum 91 o,e : denotes proposed spot elevation, mean sea level datum --917— denotes existing contour line 904 : denotes proposed contour line This sketch plan intends to show the boundaries of the above described property, existing topography, and proposed lots, utilities and grading thereon. It does not purport ,o show any other improvements or encroachments. CURRENT ZONING = 13-4 FOR #2535 & #2545 LR -1B FOR #2525 TOTAL AREA = 3.67_ AC. DRY AREA 2.34_ AC. WET AREA = 1.33`- AC. OWNER : CASCO VENTURES, LLC 16192 HIGHWAY 7 MINNETONKA, MN 55345 �\ \\00,RES I 66 POSSIBLE •% 14C. \ NSE / am" - 94z \ / / GA99KWT \ /j.fX�\/ 11a0i/ \ 29)gW I— P 9 5 /' )SSIBLE: s. / �' 2545 ••- ro W )USE, �,f-947_ / ''.:' -14 /TF -951.70 e--,43.0 11 I` o EiC 50 � 25°p. /y 6p�6• II I C:Oseo : 9"15- s .1 0- WK' All LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 1, LEACH ADDITION o : denotes iron marker (9oa.3) : denotes existing spot elevation, mean sea level datum 91 o,e : denotes proposed spot elevation, mean sea level datum --917— denotes existing contour line 904 : denotes proposed contour line This sketch plan intends to show the boundaries of the above described property, existing topography, and proposed lots, utilities and grading thereon. It does not purport ,o show any other improvements or encroachments. CURRENT ZONING = 13-4 FOR #2535 & #2545 LR -1B FOR #2525 TOTAL AREA = 3.67_ AC. DRY AREA 2.34_ AC. WET AREA = 1.33`- AC. OWNER : CASCO VENTURES, LLC 16192 HIGHWAY 7 MINNETONKA, MN 55345 Council Exhibit A.c SHADYWOOD VILLAS GRADING AND STORMWATER POLLUTION PREVENTION PLAN CASCO VENTURES, LLC ` ' ` `.J OF LOTS 1-3, BLOCK 1, LEACH ADDITION,, HENNEPIN COUNTY, MINNESOTA �24�7;` pp rye_ ado LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 1, LEACH ADDITION o denotes iron marker (908.3) : denotes existing spat elevation, mean sea level datum 970.8: denotes proposed spot elevation, mean sea level. datum --917-- denotes existing contour line � ss? denotes proposed contour line J.- This sketch plan intends to show the boundaries of the above described property,\ �\ existing topography, and proposed lots, utilities and grading thereon. 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PRF9FAYE M E%6TN0 TEES QSASS ATL Ol1EA VEATATK COVFn l0 NF1P iLrER RI.IpFT, LE�AS1�II(EE RET S OFPTL NO N6T91CTD N AONTNCE NIIH ACCEPTW 0E3YN SAw NAPM SLwLR3M0 SE rL1O Lr A. TD WIT aCN19EIp9ai� LMRF ISIATRFl M M REapNL NULL ALO S OFF 4R LLT 1LLONFD TO SE Nf01ECTTN4 a4M6 OIC SiOMGF SEWER SrSTOA I- U W O 0r 0- -2 6 - Council Exhibit A.d SHADYWCCD VILLAS TREE PRESERVATION PLAN FOR CASCO VENTURES, LLC OF LOTS 1-3, BLOCK 1, LEACH ADDITION HENNEPIN COUNTY, MINNESOTA i ek�srrNc .Y2477LDING \ 6a� %2oPOSEP � -�A\ i O 95g!C\ \ \ s \\ \\ \\\9 ase O!l AO \ �a a a do s � OIT R� \\ \ 1#2525 91 71 S \POSSIBLE IOUs - p -WALKOUT 'i TF -949.7 .6\ 8-940.0 .43'- b / Y 50 A rlINA o / I D - \��✓/ . \ \..\\...�.��Rg' 2�y� Sk 16-149 ( \ '14j locx 1 V\1\ POOLS AI / \ TFf \ POSSIBLE e 1 \ HOUSE F O SE POSSIBLE HOUSE / WALKOUT TFI551.7 / ;' \#2545 g•' � I ,ko° Off` 1 I 6p�6• I I e 9225 ( 932p WII w NF LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 1, LEACH ADDITION o : a OPpS Q C. J e Rp f � AD --917--: O io denotes proposed contour line Sdenotes existing tree from ISG tree survey \ D 4/ / 71 S \POSSIBLE IOUs - p -WALKOUT 'i TF -949.7 .6\ 8-940.0 .43'- b / Y 50 A rlINA o / I D - \��✓/ . \ \..\\...�.��Rg' 2�y� Sk 16-149 ( \ '14j locx 1 V\1\ POOLS AI / \ TFf \ POSSIBLE e 1 \ HOUSE F O SE POSSIBLE HOUSE / WALKOUT TFI551.7 / ;' \#2545 g•' � I ,ko° Off` 1 I 6p�6• I I e 9225 ( 932p WII w NF LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 1, LEACH ADDITION o : denotes iron marker (908.3) : denotes existing spot elevation, mean sea level datum 910.8 : denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line u denotes proposed contour line Sdenotes existing tree from ISG tree survey denotes existing tree to be removed This sketch plan intends to show the boundaries of the above described property, existing topography, and proposed lots, utilities and grading thereon. It does not purport to show any other improvements or encroachments. CURRENT ZONING = B-4 FOR #2535 & #2545 LR-iB FOR #2525 TOTAL AREA = 3.67'_ AC DRY AREA = 2.34'- AC. WET AREA 1.33`_ AC. OWNER : CASCO VENTURES, LLC 16192 HIGHWAY 7 MINNETONKA, MN 55345 0 U zW� Ez� a Y U ao J a owZ� > A V3 a Z N Sao° W3 z = [ryas z o (a4 y z Z C �i K H- C) Ld O ftf ta- IN vi 3 .0 16-149 Council Exhibit Xe SHADYWOOD VILLAS PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR TRACT B CASCO VENTURES, LLC ftsrft OF LOTS 1-3, BLOCK 1, LEACH ADDITION HENNEPIN COUNTY, MINNESOTA TRACT �--- ` NM � \� `� a Ik9 O° 1?•�� \ � ` ` 4 /) / \,�2525 ,o 'PROPOSED WETLAND CONSERVATION .`\._.. EASEMENT�•�~-' Y \ l OL) \\ 3" cb �s ZSS� / I fC-1 I I I .N` OEM #2535 I OUTLOT B 0.35' AC. � r i A, \1POSSIBLE HV LIS ` cA , _ so0 , �a- \ F \ \ 60 0 POSSIBLE/ h H SE o3SIB JSELE lLE /r \\ 0. �x / \ r i bl. LEGAL DESCRIPTION OF PREWSES : Lots 1, 2 and 3, Black 1, LEACH ADDITION o denotes iron marker (gpg.,,3) : denotes existing spot slevati)n, mean sea level datum --g17---: denotes existing contour line This sketch plan intends to show the boundaries of the above described property, existing topography, and proposed lots thereon. CURRENT ZONING - 9-4 FOR #2535 & #2545 LR -113 FOR #2525 TOTAL AREA — 3.67' AC. DRY AREA — 2.34_ AC. WET AREA = 1.331 AC. OWNER : CASCO VENTURES, LLC 16192 HIGHWAY 7 MINNETONKA, MN 55345 zI 'a d�y� HI J O „ r Im y 3 m F+•� °� 3 0 z� C) 00 U W 0 CL NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Rick Denman Charles Cudd Co. LLC 1505023 rd Ave No. Plymouth MN 55447 rdenman@charlescudd.com COPIES: ZONING FILE DATE OF NOTICE TYPE OF REQUEST: Preliminary plat, rezoning, and comp plan amendment DATE OF MEETING: July 18, 2016 Council Exhibit B 16-3847 August 1, 2016 The Orono Planning Commission voted 6-0 on a motion to recommend approval of the setback and hardcover variances. VOTE : 6 FOR 0 AGAINST Applicant's next meeting is scheduled as: Monday, August 8, 2016 This is a City Council meeting. The meeting begins at 7:00 PM The Planning Commission supported the planned improvements, but had comments regarding tree preservation and stormwater management. It was noted the Commission had received a number of comments related to the tree removal and impacts on the surrounding neighborhood, the commission directed you to prepare the landscaping plan, including a plan showing the trees that are to be kept, and present that to the neighborhood for their information, prior to the Council meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Jeremy Barnhart at jbarnhart@ci.orono.mn.us or 952.249.4626. Council MINUTES OF THE Exhibit C ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. 5. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535 AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING, 6:59 P.M. — 8:03 P.M. Rick Denman, Charles Cudd, LLC, was present. Barnhart stated the applicant is proposing a new development called Shadywood Villas, which is a 7 -lot single-family residential development on 3.67 gross acres. The parcel is located south of Shadywood Road and north of Kelly Avenue in the southeast corner of the community. Total net density for purposes of comparing the proposed project with the Comprehensive Plan is 2.129 units per acre. The development will be served by municipal water and sanitary sewer. There is a lift station on the other side of Shadywood Road and sanitary sewer runs along the south property line. A new extension will go through the new public road that is proposed and will connect with the existing sewer to feed the lift station. City water is also located on the east side of Shadywood Road and will serve all seven single- family units. Barnhart noted the project is likely the lowest density that is eligible for city water and sewer, with three units per acre being the minimum allowed by the Metropolitan Council. Three separate approvals are necessary in order for this application to move forward, and they include a Comprehensive Plan Amendment, rezoning of the property, and preliminary plat approval. Generally the City will review the Comprehensive Plan Amendment and the preliminary plat first, and then at the time of final plat the property would be rezoned. The proposed development incorporates three different parcels. These three parcels are guided differently, with the two eastern lots being guided for mixed use and the western lot being guided for low density residential. The developer proposes to guide all three parcels low density residential; however, the proposed development is slightly higher in density than that classification. The proposed density represents a reduction in proposed gross density from the approved Comprehensive Plan. The area is guided at four units per acre on the east side and overall the density is guided at 10.22 units. To achieve the four units an acre envisioned by the Comprehensive Plan, attached residential units would be expected and could include townhomes or apartments/condominiums. Page 1 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. As it relates to the Comprehensive Plan Amendment, the Planning Commission should focus on the following topics: The applicants propose development at a density of 3.28 units per acre rather than the 4-15 units per acre for which the eastern half of the property is guided and have requested a Comprehensive Plan Amendment to allow the lower density. a. Should the City be striving for more density or less density at this location? b. Is the single-family concept right for this area? Does it match the City's goals in terms of housing type and density? C. Will the City benefit from a development such as this? Should the entire property be developed in this manner or should this site incorporate more than one style of houses? The subject property is considered to be a transition area between the commercial and institutional uses along Shadywood and the residential uses on Lydiard Circle/Avenue to the south and Kelly Avenue to the west. The proposed development will have little to no interaction with the adjacent residential neighborhoods as there are no vehicular connections or trails out of the property to the south, north, or west. The portion of the project adjacent to Kelly Avenue is currently a wetland and the developer is proposing no plans to impact this wetland other than mitigation of invasive plant material. A Conservation Development report has been submitted and includes a Rural Oasis Study, a Natural Resources Inventory, wetland delineations, a tree inventory, and review of existing drainage patterns. The western one-third of the project area is a Manage 3 wetland, which requires a 20 -foot buffer. A 35 - foot buffer setback is proposed, which is greater than the minimum required. The City will require a Conservation and Flowage Easement over the wetlands being preserved. A significant portion of the eastern half of the project area was clear cut in 2012. Remaining trees can be found along the edges of the project area and on the slope above the wetland. A number of volunteer shrubs or plants can be found in the center of the development area. The developer is proposing to preserve existing significant trees to the extent possible but a number of them will be impacted by the planned road connection. The developer should be required to submit a more detailed landscaping plan. Page 2 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. The internal road serving the development is proposed to be public, which is in line with the provisions of the CMP Transportation Plan. The proposed road is approximately 220 feet long and ends in a cul-de- sac. Hennepin County will need to approve the location of the entrance/exit to this development; although preliminary discussions with the County indicate that they are supportive of the proposed location. The proposed road is 28 feet in paved width and will be located within a 50 -foot platted corridor, thus meeting the City's standard for a public road system. Based on the number of lots, Staff does not believe a traffic study is necessary, but the Planning Commission could require one if they deem it appropriate. No turn lanes are required or are being proposed by the developer. No accesses are being proposed onto Kelly Avenue. The proposed lots range in width from 50 to 70 feet wide, allowing for 7 -foot setbacks on either side. Lots 1-4 are proposed to have 14 feet setbacks between the homes, with greater separation provided between the houses on Lots 5-7. Rear yard setbacks range in depth from 25 feet to over 280, with the average being between 25 to 87 feet. Landscaping and/or berming is proposed along the boundary of the lots. Front yard setbacks are proposed at 20 feet for Lots 1-4 and Lot 7; 58 feet for Lot 5, and 33 feet for Lot 6. No sidewalks are proposed. The 20 -foot minimum provides space for cars one deep to be parked on the driveway and not encroach into the street. The applicants have submitted detailed grading and drainage plan and calculations, which the City's consulting engineers are in the process of reviewing. A majority of the runoff will be directed to three stormwater ponding areas, two of which discharge to the wetland. That review will need to be completed prior to review by the City Council. No trails or sidewalks are being proposed in connection with this development. The CMP suggests a future trail along Shadywood. In addition, Hennepin County and Three Rivers Park District have talked about adding trails along Shadywood but plans have not progressed to the point where a particular side of the road has been picked. The Planning Commission should also consider whether RPUD is the appropriate rezoning option for this development. Staff believes RPUD is the only viable option for development of this parcel in the manner proposed by the applicants and the CMP. Page 3 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. RPUD standards require that 10 percent of the development site be provided as a private recreation area or open space to serve the residents of the development. The wetlands, which encompass a significant portion of the development, act as open space but are not accessible for recreation purposes since the wetlands will be placed within individual lots rather than as a separate commons area. In addition to the creation of a private recreation area to serve the residents of the development, the City requires dedication of 8 percent of the land as public park or payment of the equivalent value in cash. The nearest public open space is the Lydiard Beach area located to the south of the site. The Planning Commission should consider the following in connection with the preliminary plat review: Is the Commission comfortable with the level of flexibility requested, recognizing that RPUD standards require a significant level of development flexibility. Does the Commission have any concerns regarding the lot widths, setbacks, or other RPUD standards for which flexibility is required in this proposal? 2. Is the Commission comfortable moving the project forward, recognizing that the landscaping plan, engineering and storm water management plans have not been fully reviewed. Should trails or sidewalks be provided to connect this neighborhood with the community at large? 4. Is it imperative that 10 percent private open space be provided by the developer? Should the Planning Commission wish to approve the applications, Staff recommends the following conditions: The City should identify alternate sites for higher density development if the Comprehensive Plan Amendment is approved. 2. Rezoning to RPUD, to be formally approved at the time of final plat approval. Page 4 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Preliminary plat approval should be subject to the following conditions: Flexibility being granted for the lot area, width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 4 level of 50 percent on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the findings included in the Conservation Design report, also subject to removal of buckthorn on the site. Significant trees should be preserved to the extent possible and as shown on the landscaping plans. 4. The applicant is to confirm with SHPO that there are no archaeological sites within the property. 5. Preliminary plat is to be reviewed by the Park Commission and Fire Chief for comments and recommendations prior to Council review of the preliminary plat. 6. The 10 percent private recreational space requirement will not be enforced. 7. Park Dedication Fees and Storm Water & Drainage Trunk Fees, as well as municipal sewer and water connection charges are to be collected in full at the time of final plat approval. 8. Vacation of easements as appropriate through the site. 9. Provision of drainage and conservation easement over the wetland. Barnhart stated at this time Staff does not have a formal recommendation given the lack of a review by the engineer and the lack of a detailed landscaping plan. Barnhart noted the City did receive a number of e-mails from area residents in the past few days and that there is quite a bit of interest from the neighborhood. Barnhart stated most of the comments regard concerns about the impact to the adjacent neighbors, the trees, traffic, and things of that nature. Page 5 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Leskinen stated according to Exhibit N, it sounds like Hennepin County is not completely thrilled with the location of the entrance. Leskinen asked whether Staff has a preference. Barnhart indicated Staff would prefer it to be in the middle. Barnhart stated it is likely that Hennepin County forgot that they originally agreed to the proposed location and that he has reminded them that across the street is a lift station. Barnhart stated they seemed comfortable with that and that he could ask them to send a new letter if that would be helpful. Rick Denman, Charles Cudd Company, stated the most important thing he can say is that they have developed a number of neighbors over the years and that this is a smaller neighborhood development aimed at a niche market. Denman noted they have invited the neighbors, City Council, and Planning Commission members to visit some of their other similar models in Medina. Denman noted this site is a transitional area and that they are moving from larger single-family homes to smaller lots. Denman stated the other option would be to construct something that is higher density but that they believe there is a market for this product. Lemke asked if the City has not done the engineering review or whether the applicant still needs to complete that. Barnhart stated the engineering and calculations by the applicant have been received but that Staff has not had time to completely review the findings. Barnhart stated he is confident it will be completed prior to City Council review. Lemke asked if the same issue applies to the storm water management. Barnhart indicated it does. Lemke asked if the applicant will be providing a more detailed landscaping plan. Denman indicated they will be. Denman stated they have not yet determined what type of trees will be planted and in what locations. Page 6 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. McGrann asked what the landscaping will look like from Kelly Avenue and how many trees will be removed. Denman stated there is actually quite a buffer area that will remain. From the wetland area, there will be a 35 -foot buffer that cannot be touched and will remain natural. Denman indicated there are some trees located in that area. McGrann asked if there is an elevation change from the 35 -foot setback to where the development would end. Barnhart indicated it is 930' in the wetland area and the corner of the house is 941 feet, which is 11 feet between the two points. Barnhart pointed out the wetland and the buffer area on the overhead and noted the buffer area is around 933'. Schoenzeit asked if there are any improvements being proposed for the Kelly Avenue piece or whether it is merely being added for the acreage. Barnhart indicated there are some improvements that will encroach onto the Kelly Avenue piece. Barnhart pointed out the existing property lines for the parcels. Schoenzeit asked whether three homes will be built on the Kelly Avenue piece. Barnhart stated two-thirds of those homes will encroach into the Kelly Avenue piece but that it is important to note that part of the front yards and side yards will be on the Shadywood side. Schoenzeit asked if there is any benefit to calling the wetland area an outlot to show that that is a no-go zone. Barnhart stated historically the Council has asked that the wetlands be incorporated into private property and that the developer is proposing a flowage and drainage easement which would protect it from development. Page 7 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Schoenzeit asked if the stormwater ponds will be draining into the repaired culvert in the Kelly Avenue area. Barnhart stated the runoff would go into one of three ponds and would eventually drain into the wetlands and then offsite. Barnhart noted part of the engineering review is to ensure that the runoff will not leave the site at a rate or volume greater than what currently exists. Schoenzeit asked if Kelly Avenue and the lake is the low point. Barnhart indicated it is. Lemke requested a map depicting the trees be displayed on the overhead. Lemke stated from what he can tell, basically all of the trees would be removed. Barnhart indicated that is correct. Barnhart stated the developer has identified substantial trees, eight inches or greater, within the development area, which are depicted by the green dots. The developer has also identified that some of those trees will be removed as a result of the grading and house construction. Barnhart stated it appears that the majority of the remaining trees will be removed based on the existing plan. Lemke asked whether there will be any buffer along Kelly once those trees are gone. Denman stated the area that will not be touched has not been identified on the map and that there will be a number of trees remaining. Schoenzeit suggested the developer identify the trees that will remain as a different color so the neighbors and City Council will be able to get an idea of what will be left. Denman noted there are only about 15 or 18 trees that are not boxelder or green ash, which are not long - living trees. Denman stated they normally do not protect box elder trees or green ash and that over 80 percent of the trees are either box elder or green ash. Page 8 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Leskinen asked if area one is the setback area. Barnhart stated to his understanding it is. Leskinen noted that area cannot be touched. Barnhart stated the majority of the trees that are in the area to be removed are box elder but that those trees help create the fullness and rural character of the neighborhood. Barnhart stated he does not expect the developer replant box elder or ash trees and that they will be planting a different type of tree in that area. Barnhart noted the site was clear cut five or six years ago and is now overgrown with the volunteer type trees. Acting Chair Lemke opened the public hearing at 7:27 p.m. Julie Lonager, 2565 Lydiard Avenue, asked if the density can be raised later from what is being proposed now if the zoning is changed to RPUD. Barnhart stated when the City finally rezones the property, it would be based on a proposed development package, and to change that would require a modification process to amend the RPUD, which would also require a public hearing. Lonager stated there are 28 trees that are not ash or box elder and that on a previous project the Council required a 10 -foot setback from the property line for tree removal but that it does not sound like that is the case in this application. Barnhart stated this developer is not proposing a 10 -foot buffer to the south or north and that the future connection to the sanitary sewer will have some impact on the trees. Barnhart stated having a detailed landscape plan will help identify some of those impacts and how they can be lessened. Frank Masserano, 2560 Kelly Avenue, stated their residential property directly behind the house goes all the way to Kelly Avenue. Masserano stated he is curious if the City is only requiring seven feet from the Page 9 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. road to the church property line. Masserano stated they lived there when the honey oak trees were cut down, and now that they are gone, there is no reason not to go in there. Barnhart stated the proposed project shows 10 feet from the back of curb to the property line. Masserano stated that is probably a historical setback and that he would prefer the road be located on the other side of the property. Masserano stated his concern, apart from the 10 -foot setback, is to preserve the trees in the 10 -foot area regardless if they are box elders or ash since they provide a nice canopy. Masserano asked who the registered owner of the property is. Barnhart indicated DDK is the registered owner according to Hennepin County. Masserano asked if it would be possible to build an 8 -foot cedar fence on their property. Masserano stated they would be interested in doing that to provide a little more privacy. Bob Ponzetti, 2545 Kelly, stated he lives across the street from the proposed development and that he is very much in favor of what is being proposed. Ponzetti stated everyone on Kelly would love to see nothing constructed on this site but that is not realistic. Ponzetti noted he has lived there for 22 years and that he saw what happened four or five years ago when they clear cut the site. Ponzetti stated if a commercial operation goes in there, the same thing would happen again with the trees. Ponzetti stated under this plan, Kelly Avenue appears to be minimally impacted with the exception of the trees. Ponzetti stated other than a concern that enough trees are planted or left, he cannot see anything wrong with the project as proposed. Acting Chair Lemke closed the public hearing at 7:38 p.m. Lemke noted the Commissioners have seen the e-mails that have been submitted. Lemke stated he was not present when the sketch plan was initially discussed but that it appears the developer has incorporated most of the recommendations into his plan and that the Council is in favor of going in this same direction. Page 10 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Schoenzeit commented the City has seen a number of proposals for this site and that this recent proposal is probably the most appealing and has the least impact on Kelly Avenue. Schoenzeit stated as a recommendation going forward, he would like the developer to create a very detailed landscaping plan showing the trees that will remain and that perhaps the church could speak with the developer about perhaps picking up the cost of the fence. Schoenzeit noted the City has the opportunity to control the access point to some degree and get the proper landscaping planted. Lemke noted the Planning Commission is being asked to review a Comprehensive Plan Amendment, and asked whether the Commission feels the City should be striving for more density or less density at this location. Schoenzeit commented the City talks a good game on density, but anytime someone proposes high density, the City tends to run away from it. Schoenzeit stated in his view this is a good place for mixed use but that is not the proposal before the Planning Commission. McGrann asked if subsequent changes to the CMP would need to go through a similar process. Barnhart indicated they would and that the Comprehensive Plan Amendment is based upon what is before the Commission this evening. Lemke asked whether the Commission feels a single-family concept is right for this area and whether it matches the City's goals in terms of housing type and density. Leskinen stated she would concur with Commissioner Schoenzeit's comments and that it would be a nice spot for mixed use. Leskinen stated since that is not before the Planning Commission, the next logical use would be single-family residential. McGrann and Schwingler indicated they are in agreement. Lemke stated the next question is whether the City will benefit from a development such as this and whether the site should incorporate more than one style of housing. Page 11 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Schoenzeit commented the number of houses being proposed is limited. Lemke asked if there is a market for this type of house. Denman stated in their view there is a market for it and that the empty nester market is one of the more active markets at this time. Schoenzeit asked what the square footage and approximate cost would be. Denman indicated the homes would cost in the $700,000 range. Lemke asked how the Planning Commission feels about the Comprehensive Plan Amendment. McGrann indicated he is in favor of the Comprehensive Plan Amendment. Schoenzeit stated in his view the lower density reduces the City's options and kicks the can further down the road. Schoenzeit stated in his view the proposal makes sense for this site if they do not take into consideration the City's higher density goals and that it is the best one for this site that has been presented to the City in years. Lemke asked whether the Planning Commission feels RPUD zoning is an appropriate option for this development. Leskinen stated if the site is to be rezoned, the RPUD option provides the City with the highest degree of control over what happens on the property. Lemke stated in his view it is more appropriate for residential rather than commercial since it is some distance from the business district. Lemke asked if the Commission is comfortable with the level of flexibility being requested, recognizing RPUD standards requires a significant level of development flexibility. Page 12 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Schoenzeit stated it allows the best use of the total site, especially given the large wetland on the property. Lemke asked if the Commission is comfortable moving the project forward recognizing that the engineering, stormwater and landscaping plan have not been fully vetted. McGrann stated that is one of his concerns given the number of trees that would be removed. Schoenzeit stated in order for the next step to be taken, additional details on the landscaping are required and that it would behoove the developer to add the category of what is not being taken away in the buffer zone. Schoenzeit stated as it is shown currently, it looks as though the entire treed area is being removed. Lemke noted a detailed landscape plan is the one thing that has not been submitted by the developer. McGrann stated the tree removal will likely be an issue with the neighborhood. Olson asked if there is some way to have a stop gap measure in place to ensure that the trees are not removed without a replacement plan. Barnhart indicated the Planning Commission can comment on their concern in their motion regarding the tree removal if they are comfortable moving the application forward without the landscape plan. Schoenzeit stated the Planning Commission could also recommend that the plan not be approved unless a detailed landscaping plan is submitted. Leskinen asked whether the Planning Commission will be seeing this at the time of final plat. Barnhart indicated they will not unless there are some major changes to the plan in the meantime. Denman stated they will be submitting the landscaping plan prior to the application proceeding to the City Council and that they can also provide copies to the Planning Commission for their input. McGrann asked whether the neighbors would have the opportunity to comment on the landscaping plan following this meeting. Page 13 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Barnhart noted this is the public hearing but that the Mayor will probably allow the residents to comment on the plan at the City Council meeting. Barnhart stated the Mayor is not obligated to hold a public hearing and that he does not want there to be the assumption that there will be a public hearing at the City Council meeting. Denman stated he would not mind sending the plan out to the neighbors and that he is not opposed to asking the Mayor to allow public comments. Barnhart noted written comments as well as the minutes are provided to the City Council prior to them reviewing the application. Olson asked whether the neighbors will receive another notice. Barnhart stated he cannot call a public hearing at the City Council level for this application and that if he sends out a notice to the neighbors, it would be considered a public hearing. Barnhart stated if the Planning Commission is uncomfortable with not seeing the final plan, the Planning Commission can table any action on the application. Denman stated he would be happy to send out the landscape plan to the residents listed on the notice list. Lemke commented that would be very helpful. Lemke asked the Commission whether trails or sidewalks should be provided to connect this neighborhood with the community at large. Barnhart stated there are no existing trails or sidewalks in this area but that there are plans to put a trail along Shadywood on the north side. Barnhart noted this development is located kind of in the middle of the block and that it may not be the best intersection for a trail. McGrann commented it probably is not necessary. Page 14 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Mark Gronberg, Surveyor, noted it would be difficult to fit a sidewalk in that area since the developer is proposing to build a berm and a fence for privacy. Gronberg stated a sidewalk could go in along the right-of-way on County Road 19. Barnhart stated the Council has discussed a similar situation on other recent developments and that they have required an easement but have allowed the easement to be landscaped. Barnhart noted any trail would impact the buffering and berm proposed by the developer. Lemke asked whether the Planning Commission feels it is imperative that 10 percent private open space be provided by the developer. Barnhart stated the developer could pay a park dedication fee instead of a land donation. Barnhart noted the only public space nearby is Lydiard Beach and that there would not be a connection from this property to that area. Barnhart stated if the Planning Commission does not feel the need for the land donation, they would basically be waiving that. Lemke asked whether there are any other issues or concerns with the application. Leskinen commented she is still on the fence a little bit but that she is closer to approving it versus some of the other proposals the City has seen for this property. Leskinen stated she does have a concern with removal of so many trees on the site, but that given the work that would be needed on the site, it may be difficult to preserve very many. McGrann stated he is inclined to have the application move forward with the hope that the developer will send out the plans to the neighbors prior to the City Council meeting. Olson commented the proposal is a good use of the site and that the developer is willing to work with the neighbors on the landscaping. Lemke indicated he is in agreement with the conditions recommended by Staff.. Page 15 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Julyl8, 2016 6:30 o'clock p.m. Schoenzeit moved, Olson seconded, to recommend approval of Application No. 16-3847, Charles Cudd, LLC, on behalf of DDK, LLC, 2525, 2535, and 2545 Shadywood Road, granting of a Comprehensive Plan Amendment, subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Schoenzeit moved, McGrann seconded, to recommend approval of Application No. 16-3847, Charles Cudd, LLC, on behalf of DDK, LLC, 2525, 2535, and 2545 Shadywood Road, granting rezoning to RPUD, subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Schoenzeit moved, McGrann seconded, to recommend approval of Application No. 16-3847, Charles Cudd, LLC, on behalf of DDK, LLC, 2525, 2535, and 2545 Shadywood Road, granting of preliminary plat approval, subject to a detailed landscape plan being submitted to the City prior to the City Council meeting and with the recommendation that the City Council hold a public hearing on the application. VOTE: Ayes 6, Nays 0. Barnhart noted the City Council is not legally obligated to hold a public hearing and that the Planning Commission cannot require that one be held. Barnhart stated any public comments could be sent to Staff prior to the City Council meeting. Schoenzeit moved, McGrann seconded, to recommend approval of Application No. 16-3847, Charles Cudd, LLC, on behalf of DDK, LLC, 2525, 2535, and 2545 Shadywood Road, granting of preliminary plat approval, subject to a detailed landscape plan being submitted to the City prior to the City Council meeting and with the recommendation that the City Council take public comments from any interested residents in attendance at the meeting. VOTE: Ayes 6, Nays 0. Page 16 of 16 Date Application Received: 6/22/16 Date Application Considered as Complete: Incomplete CMP Amdmt. 60 -Day Review Period Expires: 120 -Day Subdivision Review Period Expires: To: Chair Thiesse, Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: July 18, 2016 Subject: 16-3877 Rick Denman (Charles Cudd Co, LLC, for DDK, LLC Owner - 2525, 2535, and 2545 Shadywood Road - Comprehensive Plan Amendment - Preliminary Plat - Rezoning from B-4 and LR -1 B to RPUD - Public Hearing Summary of Request: Applicant requests the following approvals for a proposed 7 -lot single- family residential development: 1) Amendment of the Orono Comprehensive Plan (Community Management Plan or "CMP") to allow development of the property at a density of approximately 3 units per acre for this property which is guided in the CMP for development at a density of 2-3 units per acre (back half) and 4-15 units per acre (front half); 2) Preliminary plat approval for a 7 -lot single-family residential subdivision; and 3) Rezoning to Residential Planned Unit Development (RPUD). Parcels Involved: PID & Address Owner of Record 20-117-23-11-0030 2525 Shadywood Rd. DDK, LLC 1560 Bluff Creek Dr., Chaska MN 55318 20-117-23-11-0028 2535 Shadywood Rd Same 20-117-23-11-0029 2545 Shadywood Rd Same Zoning and Land Use: PID & Address Existing Zoning Proposed Zoning Existing Land Proposed Use Land Use 2525 Shadywood Rd. LR -1B RPUD Low Density No change Residential 2-3 units per acre 2535 Shadywood Rd B-4 RPUD Mixed Use Low Density Residential 2-3 units per acre 2545 Shadywood Rd B-4 RPUD Mixed Use Low Density Residential 2-3 units per acre 16-3847 Shadywood Villas July 18, 2016 Page 2 Parcel Area: Gross Site Area Delineated Wetland 3.67 ac. - 1.33 ac. Proposed/MCWD-Required Wetland Buffers* - 0.211 ac. Net Buildable Area 2.129 ac. *Met Council guidelines allow wetland buffers to be excluded from net developable acreage calculations. Proposed Net Density: 7 units on 2.129 buildable acres = 3.28 units per acre Proposed Area of New Public Roads 0.35 acres Proposed Area in SFR Lots (including wetlands & buffers) 3.32 acres Range in SFR Lot Areas (including wetlands & buffers) 0.18 ac. — 1.41 ac. Average SFR Lot Area (including wetlands & buffers) 0.47 ac. (20,660 s.f. + ) List of Exhibits A — Subdivision Application B — Submittal Narrative C — Preliminary Plans (3 Sheets) D — Wetland Delineation Notice of Application E — Conservation Design Executive Survey F — Representative Home Style Options - Elevation Views - House Plan Layouts G — Plat Map & Property Owners List H — Comprehensive Plan Excerpts I — RPUD District Standards J — Minutes from Sketch Plan Reviews K — Density Analysis Worksheet L — Correspondence received to date M — Tree Stand Map N — County Comments 1. COMPREHENSIVE PLAN AMENDMENT 2008-2030 Community Management Plan. The proposed development incorporates 3 different parcels. These three parcels are guided differently; the two eastern lots are guided mixed use, and the western lot is guided low density residential. The developer proposes to guide all three parcels low density residential, though the proposed development is slightly higher in density than suggested by that classification (3.28 units/ acre versus 3.0 units per acre). The proposed development density represents a reduction in proposed gross density from the approved Comprehensive Plan. 4 units/ acre on the east side to 3.28 units an acre (the western lot remains the same). The actual density drops from 10.22 units planned in the guide plan to 7 units. Impacts of Plan Amendment. Met Council guidelines require an overall new sewered development density of at least 3 units per acre. The proposed project, with detached single family homes is near the lowest density where the Met Council is likely to approve sanitary sewer service. To achieve the 4 units an acre envisioned by the CMP, attached residential units would be expected 16-3847 Page 3 Shadywood Villas July 18, 2016 and could include townhomes or apartments/ condominiums. In recent conversations with Met Council staff, it has become clear that developing this specific site (and others nearby guided similarly) at densities lower than the current CMP guided densities, triggers a formal amendment of the CMP and an expectation that other developable properties be reguided for higher density to offset the decrease. An analysis of Orono's current status as a result of the applicant's proposal is attached as Exhibit K. The applicants presented a sketch plan to the Planning Commission in May 2016 and City Council in June for a 7 unit development at this site. It appears there is some degree of support at the Council level for the type and density of development proposed by the applicant, while development at a higher density in the area has not gained much traction. Issues for Consideration. In reviewing the amendment, Planning Commission should attempt to set aside the details of the proposed development and look at the broader picture, consider the following: 1) Does the amendment further the City's goals for development of higher density housing? 2) Are there specific aspects of this site that support a reduction of the density from the current guided density? 3) Are there any negative aspects to reguiding this site for lower density? 4) Are there specific conditions that should be established as part of an approval of the reguiding? 2. REZONING It has been the City's practice to formally rezone properties as part of an approved project, at the time of Final Plat. It is also recognized that the city's zoning ordinance must be consistent with the Comprehensive Plan. The applicant propose to rezone the subject parcels to Residential Planned Unit Development, or RPUD. The RPUD District contains detailed development standards with regards to lot size and setbacks; building design; landscaping, screening and buffering; and trails and recreation; all of which will be addressed in the following pages. The RPUD District also offers flexibility as a planned unit development process, such that approved departures from the standards are considered as elements of the RPUD zoning rather than as variances. Note that the property does not meet the minimum size requirement of 5 acres, but does meet the location standards to be eligible for RPUD rezoning. 3. PRELIMINARY PLAT REVIEW Conformity with Zoning District Standards In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8) - see Exhibit I. The RPUD standards as written for detached single family use do not accommodate the type of smaller, narrow lot style of development that is proposed. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16) provides for flexibility in RPUD standards, as 16-3847 Shadywood Villas July 18, 2016 follows: Page 4 (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. This proposed development concept will require a significant departure (flexibility) from the RPUD district lot standards for individual homesites. The table below identifies specific standards which would require flexibility: Relationship to Surrounding Development The subject parcel in many ways represents a transition between the commercial and institutional uses along Shadywood and the residential uses on Lydiard Circle/ Avenue to the south, and Kelly Avenue to the west. The proposed development will have little to no interaction with the adjacent residential neighborhoods as there are no vehicular connections or trails out of the property to the south, north, or west. The portion of the project adjacent to Kelly Avenue is currently a wetland, there are no plans to impact this wetland, other than mitigation of invasive plant material. Conservation Design The applicants have submitted a Conservation Development report prepared by ISG pursuant to the City's Conservation Design ordinances. The executive summary is attached (Exhibit E), a full copy is available on the cities website. Key elements of the report include a review of the RPUD District Minimum Proposed Flexibility SFR Standard Lot Standards Required? Minimum project size: 5 acres 2.34 acres Yes Minimum lot size: 15,000 square feet 7,800 s.f. — 61,400 s.f. Yes (incl. wetlands) 4 of 7 lots < 15,000 s.f. Minimum lot width at setback line: 90 feet 50' min and typical/ 70 ft Yes widest Minimum lot depth: 125 feet Varies - all 150' + No Minimum front building setback: 25 feet 20' feet min. (25' to Yes Shadywood) Minimum side yard setback: 10 feet Side 1: 7 feet Yes Minimum rear yard setback: Lesser of 40' or Lesser of 40' or No 20% of lot depth (30 feet) 20% of lot depth Maximum FAR: 0.50 .18 (assumes 1400 sq ft No single story home) Wetland building setback: Greater of 35 feet or 35 feet (Lot 6) Yes MCWD buffer plus 10 feet Private Recreational Area: 10% of gross project area 0% proposed Yes Building height: Maximum of 30 feet (Not defined) No All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a No width of at least 20 feet for at least 50 percent of their depth. Relationship to Surrounding Development The subject parcel in many ways represents a transition between the commercial and institutional uses along Shadywood and the residential uses on Lydiard Circle/ Avenue to the south, and Kelly Avenue to the west. The proposed development will have little to no interaction with the adjacent residential neighborhoods as there are no vehicular connections or trails out of the property to the south, north, or west. The portion of the project adjacent to Kelly Avenue is currently a wetland, there are no plans to impact this wetland, other than mitigation of invasive plant material. Conservation Design The applicants have submitted a Conservation Development report prepared by ISG pursuant to the City's Conservation Design ordinances. The executive summary is attached (Exhibit E), a full copy is available on the cities website. Key elements of the report include a review of the 16-3847 Page 5 Shadywood Villas July 18, 2016 Rural Oasis Study of which this site is an Edged Enclosure Corridor; Natural Resources Inventory including review of the MLCCS Land Cover Classification data, wetland delineations (to be approved by the MCWD), tree inventory, and review of existing drainage patterns. Wetlands on Site and/or Impacted The western 1/3 of the project area is a Manage 3 wetland, which requires a 20 foot buffer. There are no plans to impact this wetland other than mitigate the invasive reed canary grass. A 35' buffer setback is proposed greater than the minimum required 20 foot = 10 foot additional buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. Tree and/or Woodland Impacts A significant portion of the eastern half of the project area was clear cut in 2012. Remaining trees can be found along the edges of the project area, and on the slope above the wetland. Volunteer shrubs or plants can be found in the center of the development area. The developer proposes to preserve existing significant trees to the extent possible (see Tree Stand Map Inventory, Exhibit M), the best trees are generally in the NE corner of the site, to be impacted by the planned road connection. The grading plan and the tree preservation plan will need to be carefully analyzed to ensure they are compatible and consistent. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office (SHPO) to confirm. Lot Layout and Lot Standards The layout of the site is dictated by a number of factors, including: - location of wetlands; - collector roadway on the east side; - the need to locate road access points in a location to benefit adjacent parcels and efficiently use the subject property The applicants have proposed a plan that takes into account these factors. The result is a site layout with one road off of Shadywood Road. No accesses are proposed onto Kelly Avenue. Staff has suggested that access control be deeded to Hennepin County and shown on the plat, to further inform the buyer of Lot 1 that no driveway will be permitted. Rear Yard Setbacks. The rear yards range in depth from 25 feet to over 280 feet, with the lots closer to existing residential ranging from 25 to 87 feet. Landscaping/berming is expected along the frontage of these lots to provide for buffering of the residences. Lot Widths and Side Yard Setbacks. The lots range in width from 50 to 70 feet wide, allowing for the house and 7 foot setbacks on either side. Lots 1-4 show 14 feet between the houses, with greater separation provided between the houses on lots 5-7. Front Setbacks. Front yard setbacks as measured from the front lot line are proposed at 20 feet (lots 1-4 and 7) and 58 and 33 for lots 5 and 6, respectively. No sidewalks are proposed. The 20 foot minimum provides space for cars (1 deep) to be parked on the driveway and not encroach into the street. 16-3847 Page 6 Shadywood Villas July 18, 2016 Lot Coverage vs. Floor Area Ratio (FAR). Zoning Code Section 78-1403 establishes the 15% Lot Coverage limit for lots less than 2 acres in area all zoning districts; it doesn't make an exception for RPUD. However, the RPUD District does not specifically establish a `Lot Coverage by Structures' limit. Instead, the RPUD standards limit individual lots to 50% hardcover and an individual lot Floor Area Ratio (FAR = gross area of all floors divided by gross lot area) of 0.5. This means a 14,000 s.f. lot is allowed 7,000 s.f. of total floor space. The proposed single level homes in a 37' x 70 footprint (2500 sq ft) on the proposed lots would yield a range of FAR from .04 (lot 6) to 0.32 (lot 4), all meeting the 0.50 FAR limit. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4, which allows up to 50% hardcover of the gross lot area. Only the smallest of the proposed lots would appear to approach that limit. Site Grading The development area is generally flat, with highest elevations in the northeast corner, and lowest at the wetland along Kelly Avenue. The majority of the development is proposed to occur on the eastern side of the property. Homes are proposed to be walkouts; excavation and filling will be necessary. The City Engineer's review will need to include grading impacts to adjacent properties, and trees to be preserved. Road Layout and Standards The internal road serving the development is proposed to be public. This is in line with the provisions of the CMP Transportation Plan in Urban Transportation Policies, which states: 1. Local streets in the urban area will be owned and maintained by the City. Because the land use and street use density of the urban neighborhoods is relatively high, the City will provide public street access to all urban properties. City responsibility for proper maintenance levels will ensure passable, all-weather streets available at all times for emergency vehicles and for general public ingress and egress. The proposed road is approximately 220 feet long, terminating in a cul de sac. The County will need to approve the location of the drive, though preliminary discussions with the County support the proposed location. The preliminary plat has been forwarded to the Fire Chief for comment with regard to access for fire department vehicles, the cul de sac diameter is consistent with city ordinances. The proposed road is 28' in paved width (back -of -curb to back -of -curb) located within a 50' platted corridor, meeting the City's standard for a public road system [Code Section 82-281(d)(2)]. The developer will pay all costs of road construction and utility installation/ connection. County Road Improvements and/or Easements The county has provided comments, included as Exhibit N. No turns lanes are required nor proposed. Based on the number of lots, staff does not believe a traffic study is necessary, thought the Planning Commission and Council could require one. The County requests additional right of way for a future trail and Shadywood road improvements. This additional right of way will impact the configuration of the project. Lastly, the County desires verification of adequate site distance to the left. 16-3847 Page 7 Shadywood Villas July 18, 2016 Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. A number of drainage easements are shown on the plat drawings as necessary to direct stormwater runoff. Existing easements will need to be vacated. Parks, Trails, Sidewalks As noted above, no trails or sidewalks are proposed with this development. The CMP suggests a future trail along Shadywood. Hennepin County and Three Rivers Park District have talked about adding trails along Shadywood, though plans have not progressed to suggest which side. 10% Private Recreation Area Requirement. RPUD standards require that 10% of the development site be provided as a private recreation area or open space to serve the residents of the development. The wetlands which encompass a significant portion of the development certainly act as open space, but they are not accessible for recreation purposes because the wetlands are placed within individual lots rather than as a separate commons area. The Planning Commission should discuss the need for a private recreational area. Park Dedication In addition to the creation of a private recreation area to serve the development residents, the City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. No Park Commission meeting is scheduled until September, after this item is expected to be reviewed by the Council, unless delayed. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 7 new building lots would be appropriate; the current fee ranges from a minimum of $3,250 and a maximum of $5,550 per lot, for a potential total fee of $22,750 to $38,850. The nearest public open space is the Lydiard beach area, south of the site. The Planning Commission should discuss the need for sidewalks within the development, and/ or connections to the public beach. RPUD Landscaping Requirements The proposed landscaping plans have not been received nor reviewed as to compliance with the very detailed RPUD landscaping requirements. This evaluation will proceed upon confirmation of a final site layout. The plan shows a fence along the berm on Lot 1, along Shadywood. A detail of the fence should be provided. Stormwater and Drainage Improvements & Fees Applicants have submitted detailed grading and drainage plans and calculations, which the City's consulting engineers are reviewing to ensure the City's requirements are met. A majority of the runoff will be directed to three stormwater ponding areas, two of which discharge to the wetland. The property will be subject to the Stormwater and Drainage Trunk Fee. Recent Council action to revise the Trunk Fee provisions would result in a fee (for development at 4.0 units per acre or less) of $7,275 per acre (2016 Fee Schedule), based on non -wetland acreage, for an estimated Trunk Fee of 2.34 acres x $7,275/acre = $17,024.00. The grading plan has not been reviewed in conjunction with the tree preservation plan to ensure that tree retention is maximized. Utility Locations/Availability/Assessments/Connection Fees 16-3847 Page 8 Shadywood Villas July 18, 2016 A gravity sanitary sewer line runs along the south property line, feeding a lift station on the north side of Shadywood Road. Water is available, also on the north side of Shadywood Road. It appears that Sewer and Water connection charges have already been paid, though each unit will pay individual SAC charges at the time of building permit. City Engineer Comments The city engineer is currently reviewing the development plans and comments will be incorporated into the final preliminary platy. Style and Appearance of Proposed Homes The applicants have provided conceptual depictions of elevation views and floor plans for the proposed homes. Planning Commission should review these (Exhibit F) and determine whether there are any concerns. Public Comment To date staff has received written comments on the project, attached in Exhibit L. The developer also plans an open house with the neighborhood on Saturday, July 16th. Staff will not attend this open house. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: Comprehensive Plan Amendment Applicants propose development at a density of 3.28 units per acre rather than the 4-15 units per acre for which the eastern half of the property is guided, and have requested a Comprehensive Plan Amendment to allow the lower density. - Should the City be striving for more density or less density at this location? - Is the single-family concept right for this area? Does it match the City's goals in terms of housing type and density? - Will the City benefit from a development, such as this? Should the entire property be developed in this manner, or should this site incorporate more than one style of houses? In general, the responses to these questions during prior reviews has been that the proposed development density is acceptable. If that is the case today, a Planning Commission recommendation for approval of the Comprehensive Plan Amendment is appropriate. Rezoning from B-4 and LR -IA to RPUD 2. Planning Commission should consider whether RPUD is the appropriate rezoning option for this development. Staff believes RPUD is the only viable option for development of this parcel in the manner proposed by the applicants and the CMP. Preliminary Plat Review 3. Is the Commission comfortable with the level of flexibility requested, recognizing that 16-3847 Shadywood Villas July 18, 2016 Page 9 RPUD standards requires a significant level of development flexibility. Does Planning Commission have any concerns about the lot widths, setbacks or other RPUD standards for which flexibility is required in this proposal? 4. Is the Commission comfortable moving the project forward, recognizing that the landscaping plan, engineering and storm -water management plans have not been fully vetted. 5. Should trails or sidewalks be provided to connect this neighborhood with the community at large? 6. Is it imperative that 10% private open space be provided by the developer? 7. Are there any other issues or concerns with this application? Staff Recommendation This development proposal exhibits a significant level of refinement as a result of the developer's response to issues raised during the Sketch Plan Review process and primary Staff comments. Discussion of the above topics and any conclusions reached by the Planning Commission should provide applicant and staff with direction as to whether or how the proposed plat should be further revised. Any remaining topics left unaddressed to date should be brought up for discussion. The Planning Commission may recommend approval or denial of the three actions requested or any combination thereof. If denial is recommended, reasons should be given. The Planning Commission may also choose to table the application, allowing the developer and staff to address any issues raised. Should the Commission wish to approve the applications, the following conditions are suggested: Comprehensive Plan Amendment, with the direction that that the City should identify alternate sites for higher density development. Rezoning to RPUD, to be formally approved at the time of final plat approval. Preliminary plat approval subject to the following conditions: 1. Flexibility being granted for the lot area, width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 4 level of 50% on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the findings included in the Conservation Design report, also subject to removal of buckthorn on the site. 3. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4. Applicant to confirm with SHPO that that there are no archaeological sites within the property. 5. Preliminary plat to be reviewed by Park Commission and Fire Chief for comments and recommendations prior to Council review of preliminary plat. 16-3847 Page 10 Shadywood Villas July 18, 2016 6. 10% private recreational space requirement will not be enforced. 7. Park Dedication Fees and Storm Water & Drainage Trunk Fees, as well as municipal sewer and water connection charges, all as noted in staff memo, to be collected in full at the time of final plat approval. 8. Vacation of easements as appropriate through the site 9. Provision of drainage and conservation easement over wetland. REPORT FOR: Jim Lillesve Charles Cudd Co. 15030 23rd Ave. N. Plymouth, MN 55447 612.359.1739 jimi0chariescudd.com FROM: Lucas Mueller ISG 7900 International Drive, Suite 550 Minneapolis, MN 55425 952.426.0699 luces.muellerOls-grp.com The purpose and intent of this conservation design is to meet the goals of the City of Orono's Environmental Protection and natural Resource Management as specified in the Community Management Plan (CMP). In general, these goals pertain to water quality, wetland protection, and preservation and the enhancement of the "rural character" of the City. Emphasis is also placed on the preservation of open spaces in Orono. These open areas include, but are not limited to, woodlands, wetlands, and wildlife habitat. Additionally, the City of Orono's Zoning Code further describes the Intent of the conservation design as to reinforce and establish ecological connections throughout the City and preserve and Improve the aesthetic views of Orono. Subcategories that are listed within the Environmental Protection section of the CMP help to detail more specific Individual goals and guidelines which can be related to the overall goals listed above. Pertinent to this project, the subcategories emphasize development densities, which require no less than two acres per one home. This regulation Is enforced in order to maintain the historic Identity and character of Orono. Low density developments will assist with the preservation of open spaces and, from a sewer and water systems standpoint, will protect groundwater and surrounding lakes and other surface waters. It is also emphasized that the primary method of sewage treatment and disposal will be used through municipal sanitary systems. Goals for Environmental Protection and Natural Resource Management as specified in the Community Management Plan pertain to water quality and wetland protection and preservation and enhancement of the "rural character" of the City. Seven lots, one outlout, and a wetland conservation easement are proposed for the 3.67 acre site. The proposed lots range in size from 0.18 to 0.38 acres and the outlot Is proposed to be 0.35 acres. Homes will be situated such that there will be negligible effect on the existing trees with five of the seven proposed homes placed within a clear-cut area that occurred In 2012. According to the proposed construction plans on Figure 3, Lots 6 and 7 will impact a portion of Tree Stand Area 1, shown on Figure 1. Area 1 is a low quality tree stand dominated by green ash and boxelder. It is currently proposed that 13 trees (all green ash and boxelder) will be impacted by the home and driveway of lot 6 and 16 trees (75% green ash and boxelder, 25% hackberry and American elm) will be impacted by the home and driveway of Lot 7. Wetland impacts will be avoided altogether and buffers around them will be implemented. The existing landscape Is a mixture of grassland, wetland, scattered trees, and small woodlots. The north portion of the project area was clear-cut In 2012, and has since been taken over by herbaceous species and woody shrubs. The open grassland area Is now dominated by goldenrod, bull and Canada thistle, smooth brome, stinging nettle, milkweed, burdock, and ground Ivy. The young trees and shrubs that are dominating the open clear-cut area are buckthorn and sumac. Shadywood Villas Conservation resign Page 1 The forest stand that runs through the middle of the property (northwest to southeast) and the trees along the edges of the project area consist of green ash, boxeider, American elm, sugar maple, red oak, hickory, hackberry, basswood, cottonwood, white oak, and white spruce. Green ash and boxelder make up 72 percent of the surveyed trees In the project area The dominant vegetation In the wetland community of the property Is cattails with a reed canary grass edge. No rare, threatened, or endangered plants were observed when a wetland delineation and tree survey were completed in May and June of 2016. The subject property is located adjacent to the Shadywood Road — Edged Enclosure Corridor described In the Rural Oasis Study was determined for the site. The portion of Shadywood Road closest to the subject parcel is identified as varied enclosure, with portions of the northeast edged with mature trees, and parts are open with a view Into the subject property from Shadywood Road. The view of the subject property on the south side from Kelly Road Is edged with wetiand, sparsely forested areas, and a house with garage visible from the road, but is outside the subject area. The adjacent property to the southeast is wooded residential homes that have an edge enclosure of mature trees between the neighborhood and the subject property. The property to the northwest is eaywind Christian Church. This property contains varied enclosures to the subject property, In general, there appears to be an even combination of positive and negative views from Shadywood Road. Two adjacent homes located In the northeast and southeast corners are visible from Shadywood Road and Kelly Road. The remainder of the subject property and adjacent properties are obscured by tree and shrub vegetation. Please see the attached Photo Log (Appendix D) at the end of this report. MLCCS Data Review Review of MLCCS data, Map 3A-4 of the City of Orono Community Management Plan Indicates that level 1 land cover is classified as forests (30000), and herbaceous vegetation (60000) for vegetation communities on the lots at 2525, 2535, 2545 Shadywood Road. More detailed Level 3 MLCCS data classifies land cover as maple -basswood forest with 26-50% cover (32150) and seasonally flooded altered/non-native dominated emergent vegetation (61530) Tree Community Identification Identification of tree communities present on site and a Level 1 Tree Assessment were completed by ISG during a site visit. According to the City of Orono's significant tree stand definition, one significant Shadywood Villas Conservation Design Page 2 I almom-0-- Irpt. -Rai :r 0 . Hennepin County Locate & Notify Map PCExhlbitG Provided By: Resident and Real Estate Services Date: 6/15/2016 17-117-23-44 16-117-23-33 ` 2.1-117.23-22�' 20-117-Z f 10, sr -22 JF .w �� � 'fit - �+'` .. � �f�'._ �ti_,�- rt>r 8• Buffer Size: 350 feet Map Comments: 20-117-23.14 20-117-23-+41 #3847- 21-117-23-23 21-117-23-23 21-117-23-32 0 120 240 480 ft I. r r J I r r r! RECEIVED For more information Contact: Hennepin County GIS Office JUIN 2:2 2016 300 6th Street South Minneapolis, MN SSW gis.info@hennapin.us WY OF ORONO Hennepin County Locate & Notify Receipt Provided By: Resident and Real Estate Services Print Date Wed Jun 15 09:30:83 201 a This Is a receipt only with 'paid' stamp or cash register receipt attached TOTAL COST: $40.00 Company or Homeowner Name: Mark Gronberg Contact Person: 952-473-4141 Subject Property Address: Comments: 20 117 23 110028 0029 0030 Buffer Distance: 350 feet Mail babel Count: 32 38 20-117-23110003 38 20-117-2311 0027 38 20-117-2311 0032 38 20-117-23140001 38 20-117-23140019 38 20-117-2314 0028 38 21-117-23 22 0019 388 20-117-2311 0007 38 20-117-2311 0028 3a 20-117-2311 0034 38 20-117-23140002 38 20-117-23 14 0020 38 21-117-23 22 0011 38 21-117-23 22 0020 38 20-117-2311 0021 38 20-117-2311 0023 38 20-117-2311 OD38 38 20-117-23140003 38 20-117-2314 0021 38 21-117-23 22 0012 38 20-117-23110022 38 20-117-,23110030 38 20-117-23110040 38 2D-117-23140008 38 20-117-23140022 38 21-117-23220013 38 20-117-2311 0023 38 20-117-2311 0031 38 20-117-23110041 38 20-117-2314 MIS 38 20-117-23140025 38 21-117-23 22 0018 RECEIVED JUN 2 2 2016 CITY OF ORONO RUN DATE; 0611512016 HENNEPIN COUNTY PROPERTY INFORMATION 8YMM (PROPERTY OWNERS LISLE PAGE- 1 38 20-117-23110003 38 20.117-23110032 38 20-117-23140419 MARY LANGLAS & JOHN LANGLAS DAVID J DELANEY E J SCHROEDER ET AL TRUSTEES 2585 LYDIARD AVE 38 ADDRESS UNASSIGNED 2565 KELLY AVE ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 MARY E LANGLAS DAVID J DELANEY GARY SCHROEDER JOHN ELAN LANGLAS PO BOX 721 5922 COUNTY RD 6 2585 LYDIARD AVE LONG LAKE MN 55356 MAPLE PLAIN MN 55359 EXCELSIOR MN 35331 36 20-113-23 110007 38 20-117-73110034 38 20-117.23 140020 INTRNATL MINISTERIAL FELSHIP UGOIZEIS 8098 LLC MARK D SCHMIDT EI AL TRES 2560 KELLY AVE 2S00 SHADYWOOD RD 2585 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 INTRNATL MINISTERIAL FE SHIP UOUREI'S 8098 LLC JAMES A SCHMIDT 2477 SHADYWOOD RD 41011TH AVE S 2585 KELLY AVE ORONO MN SS331 HOPKINS MN 55343 EXCELSIOR MN 55331 38 20-117-23110D21 38 20-117-23110038 38 2D-117-23 14OD21 JAMES T WILSON UGORETS 8098 LLC A H WARE & A S WARE 2565 LYDIARD AVE 2520 SHADYWOOD RD 2587 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JAMES T WILSON UGORETS 8098 LLC ALEXANDER H WARE 2565 LYDIARD AVE 41011TH AVE S AMY S WARE EXCELSIOR MN 55331 HOPKINS MN 55343 4403 COUNTRY CLUB RD EDINA MN 55474 38 2D-1:7-23 110022 38 2D-117-23 11 0040 38 20.117-23 4 0022 RITA E HEIMBACH JOHN R LUPKE J S WINE & S W WINE TRUS"IFM 2525 KELLY AVE 2595 LYDIARD CIR 2 2605 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 RITA E HEIMBACH JOHN R LUPKE JILL S WINE TRUST 2525 KELLY AVE 2595 LYDIARD CIR I3515 8111 AVE N EXCELSIOR MN 55331 EXCELSIOR MN 55331 PLYMOUTH MN 55447 38 20-117-23110023 38 20417-23 II OD41 38 20-117-23140025 R H PONZETIY & 13 A PONZETTT JOHN R LUPKE J W EUGSTER & C M EUGSTER 2545 KELLY AVE 2595 LYDIARD CIR 2 2655 KELLY AVE ORONO MN 55331 ORONO MN $5331 ORONO MN 55331 ROBERT WBARRARA A PONZETIT JOHN R LUPKE JACK EiLGSTER/CAROL M EUGSTER 2545 KELLY AVE 2595 LYDIARD CIR 2655 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-73110027 38 20-1172314 ODD 38 20-117-23140D26 1NTL MINISTERIAL FELLOWSHIP BONNIE J LERVIK CHRISTA NEJEZCHLEBA 2477 SHADYWOOD RD 2605 LYDIARD CIR 2525 K13 LY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 INTL MINISTERIAL FELLOWSHIP BONNIE J LERVIK CHRISTA NEIEZCHLEBA P O BOX 100 2605 LYDIARD CIR PO BOX 171 NAVARRE MN 55392 EXCELSIOR MN 55331 SPRINO PARK MN 55384 38 20.117-23110028 38 20-117-23140002 38 21-117-23220011 DDK LLC KAREN J OVALL.EY GREGORY QUIRK & STEVEN QUIRK 2535 SHADYWOOD RD 2615 LYDIARD CIR 2570 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 DDK LLC KAREN I O'MALLEY GREGORY T QUIRK 1560 SLUFF CREEK OR 2615 LYDIARD CIR 5585 HARDING LA CHASKA MN 55318 EXCELSIOR MN 55331 SHOREWOOD MN 55331 38 2F117-23 110029 38 20-117.2314 00D3 38 21-11723 220012 DDK LLC MICHAEL & CYNTHIA M TSYPIS IR HADRAVA/KE SIE K HADRAVA 2545 SHADYWOOD RD 2625 LYDIARD AVE 2636 LYDLARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 DDK LLC MICHAEL TSYPIS JOSHUA R HADRAVA 1560 BLUFF CREEK DR CYNTHIA M TSYPIS 2636 LYDIARD AVE CHASKA MN 55318 2625 LYDIARD AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23110030 38 20-117-23140006 38 21-117-23220013 DDK LLC J R & S L VOLKMAR TRSTS ASHLEY E SAMLER ET AL 2525 SHADYWOOD RD 2640 KELLY AVE 2595 SHADYWOOD RD ORONO MN $5331 ORONO MN 55331 ORONO MN 55331 DDK LLC JOHN R & SHERRY L VOL Kh4AR ASHLEY E SAMLER 1560 BLUFF CREEK DR 2640 KELLY AVE MICHAEL J MAHARAS CHASKA MN 55318 EXCELSIOR MN 55331 2585 SHADYWOOD RD EXCELSIOR MN 55331 38 20.117-2311 OD31 36 2D-117-23140018 38 21-117-23220018 DAVID J DELANEY TRUSTEE A I WI#ITEHEAD/P L WHITEHEAD K D SHERMAN & J D SHERMAN 7465 SHADYWOOD RD 2620 KELLY AVE 2505 OLD REACH RD ORONO MN 55331 ORONO MN 55331 ORONO MN 55391 DAVID J DELANEY ANDREW JAMES WHITEHEAD KIRK DIJACQUELINE D SHERMAN PO BOX 721 PAMELA LYNN WHITEHEAD 2505 OLD BEACH RD LONG LAKE MN 55356 26M KELLY AVE WAYZATA MN 55391 EXCFISIOR MN 55331 RUN DATE: 06115/ZD16 HENNBPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIM PAGE: 2 38 21-117-23 22 0019 T M & A A CODUTE 2535 OLD BEACH RD ORONO MH155391 THOMAS M & ALICIA A CODUTE 2535 OLD BEACH RD WAYZATA MN 55391 38 21-117-23 220020 J FREIVALDS & L K FREIVALDS 2585 OLD BEACH RD ORONO MN 55391 JOHN FREIVALDS LINDA KELLEY FREVALDS 2585 OLD BEACH RD WAYZAT'A MN 55391 Homapin County bas developed electronic fwmR of 0011a property iruformation databases Hennepin County mal= n'asomble efforta to produce and pnbiish Ibe most cement property infom%atimr available. The viewer ahau;d undetatand, however, thio Hennepin Cooney malas no repretion or warranties. either eaprrsa or implied, or as to meucbamabilfty at fitness for a particular purpose regarding the accuracy and/or completeness of the i>afortnatiea coaWned hereir a - JUN2,2 nig » CITY OF ORONO PC Exhibit H Navarre Area - Proposed Residential Mixed Use Sites Existing Zoning Map City of Orono Minnesota ZONING CISTFUCTS �— B-1 - Relail Sores B-3 - Shopping Center B-4 - Office/Professional B-5 - Limited Neighborhood LR -18 - One Family Lakeshore Residential - 1 Acre LR -1C -One Family Lakeshore Residential -112 Acre LRA C-1 -One Family Lakeshore Residential Subdistrict - 112 Acre i PRD - Planned Residenliar [�eveinpmenl ® Proposed Mixed Use Designations Open Water City Limits Parcel —+-- Railroad N w+E S 0 830 1,660 Feet aivrs��xwor uweuns teM�acT��n, •rs. Source: City of Orono, Bonestroo, Northwest - Associated Consultants. Date: May 19, 2010. MAP 3B -6b PC Exhibit I 16-3847 Sec. 78-626. Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area; shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use, the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives. The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density (only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios (FARs) shall be limited per the following table: Page 1 Comprehensive Plan Designation Low or medium density residential (up to 50 and including 6.0 units per acre) High density residential (in excess of 6.0 units per acre) *FAR =Total Building Floor Area/Total Lot Area Maximum Floor Area Ratio* 0.5 1.0 Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple -family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses. Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including decks and ramps, shall be 35 feet from local streets and 50 feet from all other street classifications, except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater, when adjacent to residential properties; 35 feet, when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site. Where industrial uses abut developed or platted single-family lots outside the RPUD site, greater exterior building and parking setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features, such as roadways and wetlands, which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and industrial property outside the RPUD. b. Height limitations. For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple family building will be allowed. Page 2 c. Outside storage limitations. Building materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings in the RPUD district. Each RPUD site developed for single-family detached dwellings at medium density (i.e., densities ranging from one unit per acre to six units per acre) shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line: 90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50 -foot setback on collector or arterial streets, as defined in the comprehensive plan. f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section. Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less. h. Building height: maximum of 30 feet. 1. All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures, except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted. Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. Page 3 (11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership. All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping, screening and buffering. a. Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads, trails and other improvements; 3. Proposed grading plan with two -foot contour intervals; 4. Location, approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms, fences and planter boxes; 8. Details of restoration of disturbed areas, including areas to be sodded and seeded; 9. Location and details of irrigation systems; and 10. Details and cross sections of all required screening. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and groundcover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type i Size Quantity e Overstory 2.5 -inch bb One tree per 1,000 gross square feet of building footprint area or one deciduous trees (Caliper) ; tree per 40 lineal feet of site perimeter, whichever is greater. Page 4 Coniferous trees 6 -foot heightbb r-- Understory shrubs Minimum of 30 percent of required overstory trees must be coniferous 3 -gal. potted One shrub per 300 gross square feet of building footprint area or one or 18 -inch shrub per 30 lineal feet of site perimeter, whichever is greater. Ornamental 1.5 -inch bb Not required; but two ornamental deciduous trees may be deciduous trees (Caliper) substituted for one required overstory deciduous tree (maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees: The city council shall have sole discretion whether credit shall be granted for existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in subsection (14)b of this section may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2'/2 inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1'/z inches. 4. All site areas not covered by buildings, sidewalks, parking lots, driveways, trails, patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas, except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species. The city shall maintain a list of prohibited species, which shall not be used for landscaping. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficientflow of traffic shall not be subject to the 100 -stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental Page 5 or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required. When screening, landscaping or other similar improvements to property are required by this division, a letter of credit shall be supplied by the owner in an amount equal to at least 1'/2 times the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping. The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. a. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. Page 6 3. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection (14) of this section shall be of a height needed to accomplish the goals of subsection (14) of this section. Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection (14) of this section shall be measured at the time of installation. (15) Architectural standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating, ventilation and air conditioning equipment. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings. The city may, at its discretion, allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground -mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures (the term "substantially renovated" shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. (17) Tralfrc studies. The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements. Page 7 (18) Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability. The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards. All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails. When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available, at the city's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No. 202 2nd series, § 1(5), 2-26-2001; Ord. No. 94 3rd series, § 2, 9-24-2012) Page 8 PC Exhibit J 16-3847 Planning Commission minutes —excerpt May 16, 2016 3. #16-3827 RICK DENMAN ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, SKETCH PLAN, 6:38 P.M. — 7:12 P.M. Rick Denman, Applicant, was present. Barnhart stated this is a sketch plan for a seven unit single-family residential development, with access provided by a new cul-de-sac off of County Road 19. The site currently consists of three lots. The proposed lots range in size from 0.16 acres to 0.39 acres. Outlot B is the cul-de-sac street, which will be eliminated, and Outlot A is shown protecting the wetland that is on the southern half of the lot facing Kelly Avenue. The property is currently zoned for business use. The Comprehensive Plan identifies this property, or at least the property adjacent to Shadywood, as mixed use, with a density range of 4-15 units per acre. The Comprehensive Plan also shows low -medium density residential along Kelly Avenue, primarily within the wetland. To allow this project, the property would need to be re -guided and rezoned. The proposed development is not consistent with the Comprehensive Plan's guidance for the property because the density is too low. The rezoning process would occur concurrently with preliminary plat review. The project will likely be developed as an RPUD, with several variances likely being required. The applicant is proposing single-family residential with a full basement and floor layouts are included in the Planning Commission's packets. One of the things Staff and the applicant are looking for is feedback on the concept plan. The Planning Commission had no questions for Staff. Rick Denman, Charles Cudd Company, indicated he would be able to answer any questions the Planning Commission may have. Schoenzeit asked what the price range of the homes will be. Denman indicated the homes would range between $650,000 and $750,000. Schoenzeit asked if there is a demand for this type of housing in Orono since it is not located on the lake. Schoenzeit noted there are a substantial number of homes in the same price range being built not far from this area. Denman stated they currently have a villa neighborhood that they are constructing in Medina and that he would welcome the Planning Commissioners to take a look at it. The design for this parcel is similar and is targeting the empty nester, which has a strong demand. Thiesse requested Staff discuss the Comprehensive Plan and the recommended changes to it Barnhart stated the purpose of the Comprehensive Plan is a long-range vision for the area to look for appropriate projects that fit with those goals. The property currently is zoned business. The Navarre plan identified a potential for mixed use on this site in order to meet some density goals of the City. The idea was that these areas had the potential for redevelopment, which would call for mixed use. Barnhart stated the challenge is that mixed use generally requires higher density to accommodate the expense of acquisition, clearing of the land, and the different developments. This project does not have Page 1 of 6 those expenses. There are currently 27 or so acres in the Navarre mixed use area identified for 10 units per acre. Barnhart stated this proposal would not be meeting the City's goals based on the current plans but that he is comfortable the City can make up the three acres somewhere else. The question for the Planning Commission is whether this is an appropriate use for the property. Landgraver asked if the mixed use is specific to a certain portion of the site. Barnhart stated the City has identified a potential for redevelopment when it is listed as mixed use and that it could be commercial or something else. Leskinen noted a few years ago a memory care facility was discussed for this site, which was fitting for this location. Leskinen stated in her view seven homes crammed into a few acres does not meet the City's density goals and that she is not sure about changing the zoning for this particular property given the fact that there is a church next to this property and a couple of grocery stores nearby. Leskinen noted this area also has a substantial amount of traffic. Schoenzeit asked if this project is far enough along to ask Hennepin County about the access Barnhart stated it is not but that Staff has been meeting with them on a couple of other projects and that they have informally indicated they would not be opposed to it. Thiesse stated the guided use is greater than what is being proposed and that he would be surprised if Hennepin County would be opposed to it. Barnhart stated as this segment of Shadywood develops or redevelops, the accesses for the church, the subject property, and the former Freshwater parcels will be consolidated and coordinated, which will help to reduce the turning movements in that stretch of roadway. Hennepin County is supportive of that coordination. The proposed access also closely lines up with a future shared access for the Freshwater properties. Landgraver asked if the applicant has considered increasing the density, such as having a townhome or two. Denman stated from an economic standpoint, the risk goes up when the homes are attached. Denman stated from a marketing and financial standpoint, it is easier to construct single-family homes. Thiesse asked how the stormwater would be treated before reaching the wetland. Denman indicated there would likely be a stormwater pond in the corner but that the engineering has not been completed at this point. Thiesse asked what zoning would apply if the lots are combined. Barnhart stated as part of the process, the platting, rezoning, and Comprehensive Plan amendment would all be done at the same time. Leskinen asked if this proposal would require approval by the Metropolitan Council. Barnhart indicated it is Stafrs belief that it will. Barnhart stated the Metropolitan Council recognizes the market demands and that they just want to make sure the City provides the opportunity for higher density. Staff will be looking for other areas of the City that could be developed at a higher density. Page 2 of 6 Schoenzeit asked if there is any opportunity to include any of the neighboring property to avoid the orphaned sections. Denman stated the church is next door, with single-family residential next to that and does not connect due to the wetland. Denman stated he is not sure what property he could combine with it. Thiesse stated what he likes about this is the fact that there is residential to the south, with no entrances or exits on Kelly. Thiesse stated it seems to be a relatively good start to a compromised transition zone for this area. Schwingler indicated he is in agreement with that. Schwingler stated the issue of density has to be taken into account along with the traffic. Schwingler stated not hitting the density goal is a good thing in a way. Schwingler asked if finding the other three acres elsewhere in the City would be difficult. Barnhart stated in his view Staff would be able to find three acres elsewhere. Thiesse asked whether the applicant would like direction on any specific items. Denman stated they would like to construct a berm with fencing along County Road 19. Denman stated they do want to create a buffer zone along County Road 19 with landscaping and a fence. Leskinen asked if Charles Cudd would be the sole builder of the property. Denman stated that is their intention currently. Barnhart stated Staff would like to see some buffering to separate the living space from County Road 19. Denman stated this is a good location for the product. Denman stated if the Planning Commission has any concerns about small homes on small lots, he would encourage them to visit some of their other sites that they have developed. Denman stated on the west side of the Medina Country Club there are two model homes that are both villas that are on 55 -foot lots. These are 50 -foot lots but the setbacks are the same, with 14 feet between the buildings at a minimum. Thiesse noted since this is a sketch plan, a public hearing is not required. Barnhart noted the City did receive a comment that has been distributed to the Planning Commissioners. The first concern related to the wetland and the other concern related to the wildlife areas that will be impacted. At the time of preliminary plat, there will be a public hearing. Barnhart stated he expects an application in August, with the public hearing likely occurring in September. As part of that application there will be a rezoning request. Landgraver noted these units would likely not qualify for affordable housing. Landgraver asked whether the Planning Commission should discuss affordable housing. Barnhart indicated affordable housing is a goal of the Comprehensive Plan and that these homes would not be considered affordable homes. Barnhart stated if affordable housing is a goal of the Planning Commission, this would be the time to discuss that. Schoenzeit stated in his view whenever residents come to a meeting, they should have a chance to speak even if a public hearing is not required. Page 3 of 6 Thiesse asked whether anyone from the public would like to comment on this item. No public comments were received. The Planning Commission took no formal action on this item. Page 4 of 6 City Council minutes — excerpt June 13, 2016 10. #16-3827 RICK DENMAN/CHARLES CURD, LLC, FOR OWNER DDK, LLC, 2525 KELLY AVENUE, 2535 AND 2545 SHADYWOOD ROAD, SKETCH PLAIN Community Development Director Barnhart stated the applicant is seeking comments related to a sketch plan for a proposed subdivision of three separate parcels into seven building lots and two outlots. The project will ultimately require preliminary and final plat, Comprehensive Plan and zoning map amendments. The project includes seven single-family home sites ranging in size from 0.16 acres to 0.39 acres. Access for all lots will be via a new road off of Shadywood Road that will line up with a future access for the Freshwater parcel on the east side of Shadywood. No direct access will occur off of Kelly Avenue and the existing wetland on the lot fronting Kelly Avenue will not be impacted. The homes will be served by city water and sanitary sewer. The applicant has provided some elevation samples for a 1,400 square foot single -level home with a full basement. The layouts are tentative and are intended for discussion purposes. The developer has also provided a monument sample. The issue that Staff has is that the property is guided for mixed use/residential, with a guided density of four units per acre. The project proposes 2.99 units per acre, but the final density is expected to increase above three units when the wetland and buffer boundaries are better defined. The property is zoned B4 Office/Professional, which does not allow residential uses. The units are proposed to be detached and are consequently lower than what is proposed in the Comprehensive Plan. The City Council should discuss whether single-family residential is appropriate on this site. Staff and the applicant are looking for direction as to the appropriateness of the proposal. Printup asked if the site is guided for mixed use. Barnhart indicated it is and that it is guided for four units per acre. Barnhart stated one of the things Staff looked at was along Shadywood. A number of comments have been received in the past about the traffic on Shadywood and that Staff and the MN Department of Transportation are attempting to look at long-term solutions to ease traffic in that area. One option is to consolidate some of the turning movements, with this parcel being one of those pieces being looked at for consolidation. Barnhart stated this application provides the City with the opportunity to combine all of those accesses into one area. The applicant has set this up so that when the Freshwater parcel develops, that access will line up and shift to the corner of that site and at some point the access to the church will be changed as well. Walsh stated a big office building will likely generate more traffic to this site. Walsh commented consolidating the accesses is a long-term vision and that he is in agreement that it is a tough area for traffic. Walsh stated hopefully the City can get that cleaned up at some point. Cornick stated it is critical to note that Staff feels that if the City goes ahead with this project, there are other areas where the City can increase the density. Page 5 of 6 Barnhart stated this represents one of the few green field areas for new growth and that those are typically the easiest to develop. Barnhart stated there are other opportunities but that they are limited, especially in the Navarre area, and that the City Council will need to discuss that component of it. Rick Denman, Charles Cudd, stated it is a unique piece of property. The site is bordered by single-family to the southeast side and is a transitional piece. Denman stated the property allows them to showcase a viable product for the site and that they have done a lot of luxury detached homes for empty nesters in other areas. Denman noted Mayor McMillan visited one of their sites in Medina and that he would invite the rest of the Council to visit it. Denman indicated they would like some feedback to see whether they should pursue this. Printup stated it makes sense overall to align the driveways. Printup noted the density issue was also raised during the Planning Commission meeting, which was good, and that he would like to hear from the neighbors. Andrew Whitehead, 2620 Kelly Avenue, stated single-family housing would be nice on this site since there is other single-family housing in the area. Whitehead stated he is assuming the pond will stay and that runoff might be their only concern since they have had water issues in the past. Whitehead stated he does not have a comment on how many houses should be on the site but that if it is too many, he is assuming there will be some complaints from the neighbors. Walsh asked what he thinks about mixed use for the site. Whitehead stated he likes the single-family and that he is not sure whether more businesses are required in that area. Whitehead stated he definitely prefers single-family housing versus an apartment building. Walsh commented he likes detached housing for this site and that from a commercial standpoint, given the location of the site, there would need to be a destination business to make it viable. Walsh stated he likes the direction the applicant is proposing from the direction of detached housing given the residential housing nearby. Whitehead stated if the homes could be nestled in that would be nice. Whitehead noted there is also a lot of wildlife in there as well. Printup noted the question regarding the size of the lots came up Barnhart indicated the lots would range in size from 0.16 acres to 0.39 acres in size. Barnhart stated the challenge from the density question is where else the City can put higher density and that most of the areas in Navarre are established neighborhoods, which makes it difficult to increase the density on those sites or other nearby sites. Walsh commented those are good points and is something the Council needs to think about. Walsh stated when there is a good opportunity in front of the Council, they need to deal with that as well. Printup stated he likes the single-family concept as well. Cornick stated he also likes the concept. The City Council took no formal action on this item Page 6 of 6 Legend PC Exhibi# M Project Area c Significant Tress Unsureeyed Tree Area i, 20ft Wetland Setback r F` - 35ft Wetland Setback - k Arra:: INS, If fl NY 7 40, Y," IV ra 011; sem+ • ry • 'i. •..-- R c�4��T�s � _� V IIL L Area 'I: Dominated by green ash and boxelder with buckthorn and prickly ash understory Area 2: Dominated by green ash and boxelder with r higher quality sugar maple present. Buckthorn and ,• prickly ash understoryr Area 3: Higher quality area dominated by mature sugar maple and cottonwood. Most mature trees on site, 'ter.► .. _ 11 1 •. _ X "41, Area 4: Area dominated by green ash and boxelder with black willow present on edges near wetland. Understory All PN- IS -/8674 SUMS(*QBgplgb NsD1l MKF6mepin 2415} fl "� `� I In[h = 80 rce! Figure 1 Tree Stand Map 2525, 2535, 2545 Shadywood Road P Thursday, duly 07, 2016 Orono, Minnesota N. Legend t 4 �. Project Area k 1 ,tea►{��'"y ,{ � jr. Ik Ilk- Irl 'L7 + ,gyp � . zi" • �• ' N' y• ",� .s 'rte _' ° `se et 1-it t r { v � t M�A'•+!' X �{'y, ter° � 1p'r i.� R .��' �f __ �� p _ t# :� L s,�� 4 :°iT. k° �'-• 1�' ,„{40 �,T''.7i"� - _M _ •'� moi: `• °tI . riYjf , .� Reed Canary Grass - y Buckthorn Dusters and understory IL Bull thistle, Canada thistle, smooth ' brome, buckthorn, and creeping charlle u mixed in with other native grasses. eKM Wee�e — — - Figure 2 SWrWS): Oft;h 1 WlS k UMP, HOM2W M151 � 30 x R I loch - so tem " Invasive Species Map 2525, 2535, 2545 Shadywood Road TWrWaxJ*G7,W6 Orono, Minnesota 1-T JX82 f ! y << r _ yam,c �°iC 281 ✓ �.�Alm- 10 Ir �' i• .+tom �+ 1 �' it .'� � X:,:'r - i •1..` �''� - - `�'�';,� fit' , Cleo ti, 262 3250 � � �� .� � �� �', ,*263 �� ''"`— � � � •�`' � ,��.=°`'.. " 20 51 Ift 261, 24 .j 4M 'i•% i. �; ^ T'1 '' \, f 'tt a` .l'4i� �`�P'.t- Y• y Y} ' �►` 23z 1` 212 h.,23f, .. j7$ 216 +, + * 1y ,r ��r. r •� x+224: 22' S$ < N i 223 Y ♦ _ Aff + FIN: JEJUL 8our=(Q: *jv0iob (U9D& WP, Hwm*n2016) a FW 1 Inch = 80 r..t Figure 3 Site Overlay Map 2525, 2535, 2545 Shadywood Road Friday, duly 0% 2016 Orono, Minnesota Hennepin County PC Exhibit N Public Works Transportation Department James N. Grube P.E., County Highway Engineer 612-596-0300, Phone 1600 Prairie Drive 612-321-3410, Fax Medina, Minnesota 55340 www.hennepin.us/transportation July 14, 2016 Mr. Jeremy Barnhart Community Development Director City of Orono P.O. Box 66 Orono, MM 55323 Re: Preliminary Plat Review - Shadywood Villas County Road 19 (Shadywood Road) Hennepin County Plat Review ID #3448A Dear Mr. Barnhart: Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. The preliminary plat for Shadywood Villas was received by Hennepin County on June 28, 2016. This preliminary plat proposes the development of 7 single family homes over 3 vacant parcels. The Hennepin County Plat Review Committee discussed this plat on July 12, 2016 and made the following comments: Access - This plat proposes a single access driveway ending in a cul-de-sac. Given this location is only approximately 90' to the east of the adjacent church driveway, a more preferred access location would be near the existing boundary between 2535 and 2545 Shadywood Rood. If however, design cannot be reasonably reconfigured to accommodate this request, the existing proposed access is acceptable. Please ensure an adequate, level, at -grade, driveway landing at the county road entry. Right -of -Way - The existing half right-of-way along this section is 33'. In our 2019-2020 reconstruction project, we envision a 3 -lane urban section roadway with a center 2 -way left turn and curb & gutter. We do not believe turn -lanes will be necessary for this development. Additionally, we have a shared vision with Three Rivers Parks District of an Off -Road Trail through this corridor. To accommodate these enhancements as well as maintaining the existing 6' shoulder, we are requesting a dedication of a minimum of 22' to match a 55' half section. Additional Comments - Ensure the proposed drainage pond has adequate storage capacity and that the on-site drainage will not outlet into the county storm sewer system. • An internal sidewalk or trail connection to the county road and future trail would be preferred. Provide demonstration of adequate entering sight distance to the left. Permits - Please inform the developer that all proposed construction within county right-of-way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to driveway and street access, drainage and utility construction, trail development, and landscaping. Permit questions can be directed to Steve Groen at (612) 596-0337 or Please contact Bob Byers (612) 596-0354, roberEAMWIftepljoh or Jason Gottfried (612) 596-0394, for any further discussion of these items. Sincerely, /'?. NY-W� James N. Grube, P.E. County Highway Engineer JNG/Jdg cc: Plat Review Committee; Mark Larsen, Hennepin County Survey Office • - Bal_Tc:>IV a M r-= N K Consulting Engineers & Surveyors It 2638 Shadow lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bofon-menk.com July 21, 2016 City of Orono Attn: Jeremy Barnhart 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application 16-3847 Shadywood Villas Engineering Review #1 Dear Jeremy: I Nva As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1.0 GENERAL: i 2or 1.1 The complete Stormwater Management Plan should be submitted for review to verify adequate sizing of proposed facilities. Proposed peak runoff rates must be restricted to existing rates. Due to flooding issues immediately downstream along Kelly Avenue, maximizing the proposed system's ability to retain runoff on-site and reduce peak runoff rates would provide additional benefit to the City. 1.2 Storm sewer calculations should be submitted for review to verify adequate sizing. 1.3 Due to the size of proposed disturbance, a Topsoil Management Plan should be included with the Final Plans to ensure adequate topsoil placement. The plan should provide direction for topsoil stripping, stockpile location(s), soil de -compaction prior to re -spread, certification of topsoil for re - spread meeting specifications, and placement of topsoil. This information could be included on the Final Grading Plan. 1.4 Work within public right-of-way must be coordinated with the Public Works Department. Contractor must provide a minimum 48 hour notice prior to any work being performed. Notes should be adjusted accordingly. 1.5 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting for their Erosion Control, Stormwater Management, Wetland Protection, and Waterbody Crossings and Structures Rules. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 1.6 The applicant will be required to obtain Hennepin County approval and permitting for an access and work in right-of-way on C.R. 19 (Shadywood Road). A copy of any approvals or permits required should be submitted prior to Final Plat approval. 1.7 The applicant will be required to obtain a Sanitary Sewer Extension permit from the Minnesota Pollution Control Agency and a Water Main Extension permit from the Minnesota Department of Health. Applications should be coordinated with the City, and a copy of any approvals or permits required should be submitted prior to any land disturbing activity. 1.8 The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any land disturbing activity. Preliminary Plat Application 16-3847 Shadywood Villas Page 2 1.9 The applicant will be required to submit a Maintenance Agreement for all stormwater management facilities. The agreement should define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, and designate who will conduct inspection and maintenance activities. 1.10 Record drawings must be submitted upon completion of the project. If proposed permanent ponds are to be used as temporary sediment basins during construction, as -built survey shots on ponds must be obtained after construction sediment is removed and side slopes re -dressed. Also, due to the size of the proposed disturbed area, a survey should be provided for the site after rough grading is complete to ensure correct hold-downs prior to topsoil placement and pavement construction, and a survey should be provided for the topsoil stockpile to ensure adequate quantity for re -spread. 2.0 PRELIMINARY PLAT: 2.1 A Flowage and Conservation easement will be required over the wetland. 2.2 Drainage and Utility Easements should be adjusted to adequately cover all ditching, storm sewer, and ponds to the high water level. Easements should also be indicated on Final Grading and Utility Plans in order to verify coverage. 3.0 SITE PLAN: 3.1 A stop sign and stop bar should be provided at the intersection with C.R. 19 (Shadywood Road). 3.2 The Entry Monument and fence along the street are located almost directly over proposed storm sewer. The layout should be adjusted to remove any conflicts between them. 3.3 Final street width and layout should be reviewed by the Fire Chief to ensure adequate space for operation of fire department vehicles. 4.0 GRADING AND DRAINAGE: 4.1 Emergency overflow routes should be clearly labeled to ensure adequate surface overflows are provided. 4.2 Pond data (NWL and 100 year HWL) should be included on plans in order to verify adequate Drainage and Utility Easements and low opening elevations. Low opening elevations for lots adjacent to ponds and wetlands must provide a minimum 2' vertical separation to the 100 year high water levels. 4.3 Due to inadequate space, the grading along the northwest side of Lot 7 should be revised. In order to provide a swale that will adequately route runoff to the proposed northwest pond, the berm separating runoff from the adjacent property will have to be removed. This will result in additional runoff being routed to the proposed system, and the stormwater management plan should be adjusted accordingly. 4.4 Additional detail must be provided for proposed filtration areas. Typical sections, contours, spot elevations, underdrain location, outlet structures, and sequencing notes should be included as necessary. 4.5 Clear access must be provided to all stormwater management facilities. An 8' wide, flat clear zone should be provided to all outlet structures. Preliminary Plat Application 16-3847 Shadywood Villas Page 3 5.0 EROSION AND SEDIMENT CONTROL: 5.1 A Stormwater Pollution Prevention Plan (SWPPP) meeting NPDES requirements will need to be submitted as part of the Final Plans. The SWPPP should include a project narrative, erosion control notes, erosion control installation schedule, erosion control maintenance schedule, pollution prevention notes, location and details of proposed erosion control devices, training documentation, and chain of responsibility. The SWPPP should also indicate perimeter erosion control measures and protection fencing will be installed by Contractor and inspected by City prior to any land disturbance. Contractor must provide 24 hour notice prior to inspection. 5.2 If the proposed permanent stormwater management basins will be used as temporary sediment basins during construction, additional sequencing notes and line work should be included as necessary to provide clear direction for installation schedule of temporary basins, site construction, site stabilization (including topsoil re -spread, erosion control blanket, riprap, and permanent vegetation), construction sediment removal, outlet control structure installation, and permanent stabilization of the ponds. 5.3 Double siltfence must be provided adjacent to wetlands where grading is proposed within 50' of the wetland. 6.0 SANITARY SEWER AND WATER MAIN 6.1 The layout of utilities should be adjusted to remove conflicts. The watermain should be relocated to the north side of the street, and the sanitary sewer should be adjusted to avoid the proposed inlet at the end of the cul-de-sac. An additional sanitary sewer manhole appears necessary. 6.2 A minimum 8' cover should be provided for the proposed sanitary sewer. Final plans should be adjusted accordingly. 6.3 The locations of hydrants and valves should be reviewed and approved by the Fire Chief and Public Works prior to final approval. 7.0 STORM SEWER 7.1 All non -submerged storm sewer aprons should have trashguards installed. Details should be included on the Final Plans. 7.2 Sump manholes with 4' sumps should be provided immediately upstream of all pond/filtration basin inlets to provide pretreatment prior to basins. 7.3 Cleanouts for filtration area underdrain should be provided. Cleanouts should be located above the high water level to limit potential for bypassing filtration system 8.0 LANDSCAPING 8.1 The Final Landscape Plan should include the following: a) Location and type of stabilization for disturbed green areas (i.e. seed mix, fertilizer, mulch, or sod), b) location and direction for buffer establishment, c) location and type of proposed trees, and d) direction for buckthorn removal. Preliminary Plat Application 16-3847 Shadywood Villas Page 4 Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. -QLr 6-ca*A Robert E. Bean, Jr., P.E. Water Resources Engineer Comprehensive Plan Density analysis Most recent development: Comprehensive Plan, Review File 20637-6 Eisinger Amendment 2008-2030 Change Density Range 2008-2030 Change Category Min Max Net Acres Min Units Max Units Low Density (D, E) 0.5 2 125.71 63 251 Medium Density 3 7 2 58 123 Med-High (A) 7 10 40.27 282 403 High Density (A, B, C) 10 15 Med-High (A) 148 222 Mixed Use (F) 4 15 27.52 110 413 Plat Monitoring 2000-2014 14.31 91.67 287 Mixed Use (F) 4 15 Overall Densityl 3.0 4.45 Test for Shadywood Villas Council Exhibit G Table 2. Affordable Housing Table Land Available between 2010-2020 Category Min. Dens. Acres Min. Units Med-High 7 40.274 282 High Density 10 14.81 148 TOTALS 55.084 430 Administratively approved July, 2016 Table 2. Affordable Housing Table Land Available between 2010-2020 Category Min. Dens. Acres Min. Units Med-High 7 40.274 282 High Density 10 14.81 148 TOTALS 55.084 430 Still above 3 ZZ 2008-2030 Change Density Range Category Min Max Net Acres Min Units Max Units Low Density (D, E) 0.5 2 125.021 63 250 Medium Density 3 7 19.011'-, 57 133 Med-High (A) 7 10 40.27 282 403 High Density (A, B, C) 10 15 14.31 148 222 Mixed Use (F) 4 15 26.08 104 391 Shadywood villas 1 2 3 2.129 7 Plat Monitoring 2000-2014 91.671 287 • Overall Density 2.971 4.39 Council Exhibit G Table 2. Affordable Housing Table Land Available between 2010-2020 Category Min. Dens. Acres Min. Units Med-High 7 40.274 282 High Density 10 14.81 148 TOTALS 55.084 430 Administratively approved July, 2016 Table 2. Affordable Housing Table Land Available between 2010-2020 Category Min. Dens. Acres Min. Units Med-High 7 40.274 282 High Density 10 14.81 148 TOTALS 55.084 430 Still above 3 ZZ Jeremy Barnhart Council Exhibit H From: judy.fredricksor Sent: Monday, July 18, 2016 5:12 PM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver (klandgraver@gmail.com); Bruce Lemke (brute@plantscapeinc.com); olsonc116@gmail.com; Loren Schoenzeit (lorens@3dlake.com); Jon Schwingler oonschwing@aol.com); John Thiesse othiesse@srfconsulting.com); Christopher McGrann (c mcgrann@hotmail.com); Jeremy Barnhart Cc: PremiumSigns Subject: RE. 16-3&47/2525 Kelly Avenue/2535 and 2545 Shadywood Road Attachments: Legal Disclaimer.txt Importance: High Planning Commission: I intend to come to the meeting tonight but in case another meeting I have runs late, I wanted to provide you with the below feedback on the Shadywood Project being proposed. A My name is Judy Fredrickson. I live at 2507 Kelly Avenue. In general, I have a positive reaction to this development for 2 reasons: 1. Private Homes vs. Commercial - They are proposing single family homes vs. apartments or a commercial development. I believe that Shadywood is already very busy and has not worked well for commercial use (few businesses along 19/15 have survived over the years and much space is empty (former Snyder's Drug store for example). It is not a shopping destination due to the heavy traffic on both roads as it nears the intersection. I much prefer private homes for this location and they are in keeping with the surrounding neighborhood. 2. Quality of Builder/Developer -The builder/developer for this planned neighborhood is Charles Cudd and through the years, I have toured several of their luxury homes and they do a beautiful job. IF they plan to build these smaller homes with the same quality level, it would be a positive enhancement to the residential surrounding area. REZONING OF KELLY AVENUE LOT: I do have a concern with the rezoning the 2525 Kelly Avenue parcel as it is currently zoned single family residential and if I am correct, 2525 Kelly Avenue and is not part of any area designated for higher density. This parcel is in the middle of a neighborhood that is also zoned single family residential. As you well know, the Kelly Avenue neighborhood has had to attend countless Planning Commission and City Council meetings to protect the single family nature of the Delaney property adjacent to Kelly Avenue that was the site of many proposals over the last 18 months — most recently a 24 home project. On two different occasions during this same time period, the City Council has come down on the side of protecting Kelly Avenue and maintaining the single family, 1 acre per lot residential zoning for the Delaney property. I am concerned that if you approve the rezoning of 2525 Kelly Avenue that this will set a precedent for future requests by Mr. Delaney and he will want to try to fit multiple smaller homes on his property instead of the 1 acre, single family development that we fought so hard for. The site plan seems to show that only 3 of the 7 homes are to be built on the Kelly parcel which currently has 1 home/acre zoning. My question is — what is the size of the 2525 Kelly Avenue parcel? If it is 3 acres, then 3 homes is fine by me. If it is one acre for 3 homes, we are completely changing what the property adjacent to it and that parcel currently is zoned for and I would like to see what the builder's response would be if he was asked to rethink the development and maintain the Kelly Avenue plat as single family, one acre lots and put the smaller homes with .25 acre lots on the Shadywood side? They could cluster smaller homes around a couple of nice homes on the end of the development. DEFORESTATION AND RE -GRADING OF KELLY HILLSIDE: I am concerned and want to hear more about the environmental impact of this development due to the deforestation and re -grading of the Kelly hillside. Concerns need to be addressed as to the potential that this leads to erosion, flooding, loss of habitat and unsightly views of houses instead of woods. In addition to the greater density, the hillside site has an elevation change of over 20 feet which will likely need to be regraded, thereby eliminating virtually all of the woods that are now present on the property. With all of these trees removed, this can really change the character of this entire neighborhood. This quiet, tree lined street of homes could now be looking up at the backs of a lot of homes just like people, not usually their most attractive side). The Kelly parcel is steeply pitched so that it is not well suited for development of multiple homes. I would like to know how they intend on doing this project without clear cutting the entire property? Can they somehow avoid doing this? Thank you. Judy A Fredrickson 612.916.6084 2507 Kelly Avenue, Excelsior, MN 55331 Jeremv Barnhart From: Cathy Meagher <CathyMeaghei Sent: Monday, July 18, 2016 10:12 AM To: Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver (klandgraver@gmail.com); Bruce Lemke (brute@plantscapeinc.com); olsonc116@gmail.com; Loren Schoenzeit (lorens@3d lake. com); Jon Schwingler oonschwing@aol.com); John Thiesse (jthiesse@srfconsulting.com); Christopher McGrann (c mcgrann@hotmail.com); Jeremy Barnhart Cc: Jill Bauer; judy.fredrickson Jim Schmidt; Julie Wilson; Bonnie Lervick; Karen O'Malley Subject: 16-384712525 Kelly Avenue12535 and 2545 Shadywood Road I had fully intended to attend the planning council meeting on July 18 and speak. A family scheduling conflict made that not possible. I intended to say this: My name is Cathy Meagher. I live at 2720 Kelly Avenue. I have lived here since 1966. I have sent emails to all of you and to all of the city council members so you are well aware of my opposition to this proposal. I just want to reiterate in person that I am very much against any combining and/or rezoning of the properties. 2525 Kelly Avenue is zoned single family residential. It is in the middle of a neighborhood that is also zoned single family residential. It should not be combined with the two Shadywood lots only to be re -zoned and divided into seven lots. Development of the Shadywood properties should not be tied into the Kelly Avenue property. 2525 Kelly Avenue is a separate entity. 2525 Kelly Avenue is not part of any area designated for higher density. I would hope the council would recognize this single family residential lot should stay zoned as single family residential in keeping with the surrounding neighborhood. I urge you not to allow this property to be re -zoned or to be combined with the other two properties. I hope that the fact I am not there to say this in person will not make my statement any less meaningful. Cathy Meagher -= Virus -free. www.avast.com Jeremv Barnhart From: Karen O'Malley <karen.j.omalley Sent: Sunday, July 17, 2016 1:07 PM To: Bonnie Cc: Denise Leskinen (deniseleskinen@g mail. com); Kevin Landgraver (klandg raver@g mail. com); Bruce Lemke (bruce@plantscapeinc.com); olsonc116@gmail.com; Loren Schoenzeit (lorens@ 3dlake.com); Jon Schwingler Qonschwing@aol.com); John Thiesse (jthiesse@srfconsulting.com); Christopher McGrann (c mcgrann@hotmail.com); Jeremy Barnhart; Cathy Meagher; Jill and Bruce Bauer Subject: Re: #16-3847 -- 2525 Kelly, 2535-2545 Shadywood I concur with the Bauer's and Bonnie Lervik statements, as follows: I urge the Planning Commission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood Road at the meeting on Monday, July 18. It should also be made clear that any future development proposals must comply with current zoning of the properties. I have lived in this older, established neighborhood, on Lydiard Circle, for 32 years. The proposed plan does not fit with our neighborhood and the surrounding area. This plan will negatively impact our wetland areas, wildlife areas and the natural beauty of our neighborhood. In addition, the proposal will add to traffic along County Road 19 --already congested and dangerous. Any future development must comply with the existing zoning. The property owner, DDK, should not have purchased the property without awareness of the zoning and acceptable uses. Karen O'Malley On Fri, Jul 15, 2016 at 7:27 AM, <le dk wrote: I urge the Planning Commission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood Road at the meeting on Monday, July 18. It should also be made clear that any future development proposals must comply with current zoning of the properties. I have lived in this older, established neighborhood, on Lydiard Circle, for 26 years. The proposed plan does not fit with our neighborhood and the surrounding area. This plan will negatively impact our wetland areas, wildlife areas and the natural beauty of our neighborhood. In addition the proposal will add to traffic along County Road 19 --already congested and dangerous. Any future development must comply with the existing zoning, The property owner, DDK, should not have purchased the property without awareness of the zoning and acceptable uses. Thank you, Bonnie Lervik 2605 Lydiard Circle Jeremy Barnhart From: Alex Ware Sent: Friday, July 15, 2016 10:44 AM To: Jeremy Barnhart Subject: Re: 16-3847 To: Orono Council, Planning Commission and Jeremy Barnhart From: Alex and Amy Ware, 2587 Kelly Ave. Re: #16-3827 Rick Denman/Cudd/DDK; 2525 Kelly and 2535-2545 Shadywood We appreciate the need for more housing in Orono and recognize the quality building reputation of Charles Cudd. However, this area of Kelly Ave has been the subject of much development attention in the past few years, and ultimately, in our view, this area is largely unbuildable without significantly altering the character and quality of the neighborhood. The slope of the hillside is too steep to build upon without major changes that will result in diminished values for the surrounding neighbors. We have two areas of specific concern with the proposed project: 1) The deforestation and re -grading of the Kelly hillside leading to erosion, flooding, noise, loss of habitat and unsightly views of houses instead of woods. The site plan shows that 3 of the 7 homes are to be built on the Kelly parcel which currently has 1 home/acre zoning. In addition to the greater density, the hillside site has an elevation change of over 20 feet which will likely need to be regraded, thereby eliminating virtually all of the woods that are now present on the property. Also the establishment of drainage ponds will further the deforestation on the site, leading to greater annual flooding on Kelly due to the faulty drainage system in place. The potential for significant screening of the homes by maintaining the woods would be best, but its unclear given the hillside pitch, how such screening would be feasible. We fully realize that there is a need in Orono for the housing that they propose, but the Kelly parcel is so steeply pitched that it is not well suited for development. 2) The implications of re -zoning the Kelly parcel, which may set the precedent that allows further development of the hillside. The project manager describes the rezoning request as unique to this parcel, however will these zoning changes not create a domino effect? I will not be able to attend the meeting on Monday as I'm out of town, but spoke with Jeremy regarding our concerns. Please let me know if you have any questions on these concerns. Thank you all for your service to Orono and your consideration. AIex and Amy Ware 2587 Kelly Ave 612-875-9363 On Fri, Jul 15, 2016 at 9:48 AM, Jeremy Barnhart <'barnhartnci.orono-mn.us> wrote: Jeremy Barnhart, AICA Community Development Director Direct 952,2A.9A.(,,2 Planning & Zoning Office r From: lervik Seat: Friday, July 15, 2018 7:27 AM To: Denise Leskinen (deniseleskinen fgmeil.com); Kevin Landgrwer (klandgraver@gmari.com); Bruce Lemke (brviceoplantscapeinc.com); olsonciftgmall.com; Loren Schoermait (lorensg 3dlake.com); Jon Schwingler QonschwingCool.com); John Thiess* athiesseCarlbonsul5ng.00m); Christopher McGrann (c mcgrann(ahotmali.00m); Jeremy Samhart Cw cathymeaghei , Kar*n.J.Omalley; Jill and Bruce Bauer Subject: #16-3847 -- 2525 Kelly, 2535-2545 Shadywood I urge the Planning Commission to MOT r ecornmend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Shadywood i'toad at the Meeting cn Monday, July 13. It should also be made clear that any future deveiopment proposals must comply with curreit zoning or the proper Iles. I have lived in this oiler, establ:s'lted neighbcrhood, on Lydya: d Circie, for 25 years. The proposed pien does not fit with our neig borhoc-: and the surrounds � area. '1vs pian wili negatively impact our wetland areas, Wildlife areas and t e ratuml beauty of our neighborhoo . In addition the proposal will add to t affic along Cour? Road 9--a:r early congested and daege:ous. Any future development must comply with 1:he eids, :Ig zoning, The propeity oviner, DDK, should not have purchased the Iropeny without--wareness of t'ie zoning an.d acceptable uses. Thank y ;u, Bonnie L,ervik 21EO5 Lydiard Circie Jeremy Samhart From: jilt <bandjbauer. Sart Thursday, July 94, 2098 2:32 RM To: Denise Leskinen (deniseleakinen@gmall.cam); Kevin Landgrever (klandgraverCgmaii.com); Bruce Lemke (bruee@plantscapeinc corn); olsondll gmen.com; Loren Schoenzeit (lorens@ 3diaks.com); Jon Schwingler (jonschw ngicaol.com); John Thiesse (jthiesseGarfoonsulting.com); Christopher McGrann (c megrann@hotma€i.00m); Jeremy Barnhart Cc: cathyrneaghen lervik. jameswilsoneper Karen.J.Omalley; ludWredridcson Janice Berg IMF, pidickmanr . Eliie Langlaa Subjeft #16-3847 — 2525 Kelly, 2535-2545 Shadywood We urge the Planning Con mission to NOT recommend rezoning of any of the properties at 2525 Kelly Ave and 2535-2545 Ehadywood at the meeting on Monday, July 18. it should also be made clear tha± any fi-ture development proposals must comply with current zoning. We have lived in this older, established neighborhood, on :,,ydiard A venue, for 23 years. The proposed plan does not fit with our neighborhood and the su- ending area. This plan will negatively impact our wetland areas, wildlife areas and the meal bwsuty of our neighborhood as well as add to traffic along County Road 19--ahwAy congeswd and dangerous. Amy future development must comply with existing zoning, TI he property owner, DDK, shorJd not have purchased it wthout awamess of its zoning and acceptable :uses. Thank you, Bruce and Jill Sauer 2550 Lydiard Avenue Jeremy Barnhart From: Christine Hardten <cmhardten@gmail.com> Sent: Sunday, June 26, 2016 4:00 PM To: Jeremy Barnhart Subject: Shadywood/Cudd development Hi Jeremy, Could you please share this with the council? Thanks Christine To the Orono City Council, I would like the council to know that David and Christine Hardten approve the proposed Charles Cudd development on Shadywood. We will support the development going forward as longs there is a provision in place that the Kelly Ave. side of this development does not get developed. Christine and David Hardten 2515 Kelly Ave. Excelsior, MN 55331 # 3847 Jeremy Barnhart From: Cathy Meagher <CsMyMeaghe, Sent: Tuesday. May 17, 201 B e;Sl AM To: Denise Leeklnen (denbaknidnen fgmail.com); Kevin I_andgrawr (klandgraverQgmal.com); Bruoe Lemke (bruOB&Iantscapsina.opm); ofsanc118®gmall.com; Loren Schoermk =-c-Jonlaicem)SchWngfer aonedwftQaoi.00m); .Sohn Thiesse(jittr�e394om); Christopher MOCrann (c rncgrannahatmejj.com); Jeremy ®amhart Subject: 16-3827 I was at the Pbmaing commission meeting tonight to hear the discussion about 16-3827. I realize this is at the very preliminary stages. However, I am very concerned that the group casually discussed the combining of the three properdes, especially hearing that -the zoning would be the mixed use of the Shadywood properties not the single family residential of the Kelly Avenue property. Kelly Avenue is a single family residential neighborhood, and this lot on Kelly Avenue should not be re -zoned or combined with the other two. I have to agree with Denise Leskinen's statement that a small mini -development of seven houses on this property does not fit in with either the Kelly Avenue neighborhood and sunounding area, or with the Shadywood Road neighborhood and surrounding area. I found it interesting that the material for this proposal contained the statement "the upper area was clear cut of trees some years ago..." as if it were done by some unnamed unknown person. If my memory is correct the owner of the property at that time was the same DDK as is listed as currant owner. Was any assessment ever made for the illegal cutting of the trees? Would this owner be any more concerned and considerate of the wetland? Some of the ccntversation was difficult for the audience to hear, as not everyone spoke into the microphones every time. I am not sort of the next steps in this process. Know that there is a great deal of concern in the neighborhood. We will wait to hear about the next steps. Catherine Meagher 2720 Kelly Avenue Yln�s-tree. From: fill - Sentw Sahuday, May 14,2016 10.13 AM To: Jeremy Barnhart Subject: RE: Packet information Thank you for sending the information on the Shadywood Road proposal so quickly, and your courteous phone responses. I plan to attend Monday's meeting as we have concerns for the wetland and wildlife areas that wlll be Impacted. Jill Bauer Bruce Bauer 952-471-9OB4 From: jbarnhart@d.orono.mn.us To: Subject: Packet information Date: Fri, 13 May 201.614:50:30 +0000 JWUW dembork AUM CammNNWfDWWOP entDhvctor Dire* 952.749.4626 Planning 6 Zoning OfRoG 953.249.4620 2750 Kelley Parkway, 4rmnio, HN 55356 WeWte: 1 Council Exhibit I Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) i Address Minnehaha Creek Watershed District f 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Casco Ventures Shadywood Villas Application Number 7/08/2016 W16-38 ® Attach site locator map of Decision: ® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation (if ❑ Approve ❑ Approve with conditions ❑ Deny Summary (or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 8/4/2016 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): Casco Ventures applied for a wetland boundary & type confirmation for the wetlands located at 2525, 2535, 2545 Shadywood Road in the City of Orono, Hennepin County, Minnesota. Legal description: Section 20, Township 117N, Range 23W. The boundary & type approval was requested July 8a', 2016. A wetland delineation was conducted by ISG on May 3`a, 2016. A complete delineation report and WCA application were submitted to MCWD on July 8', 2016. One wetland was delineated within the project area. Wetland A was identified as a Type 3, Shallow Marsh wetland. Boundary and type was reviewed in the field on July 27a', 2016. MCWD was in agreement with the boundary and type. MCWD approves the wetland boundaries and types as delineated in the field and documented in the delineation report and map. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # ' Bank Service Area County Credits Approved for Name Rachel Workin Title Permitting Technician Signature 1 Withdrawal (sq. ft. or nearest Phone Number and E-mail 8/4/2016 01 acre) Replacement PIan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Rachel Workin Title Permitting Technician Signature 1 Date Phone Number and E-mail 8/4/2016 (952) 641-4518 rworkin@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and $0 fee (if applicable) to: Send petition and $500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka, MN 55345 520 Lafayette Road North St. Paul, ?V N 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski — stacey.lijewski@hennepin.us ® BWSR TEP member: Ben Meyer — ben.meyer@state.mn.us ❑ LGU TEP member (if different than LGU Contact): ® DNR TEP Becky Horton- becky.horton@state.mn.us ® DNR Regional Office (if different than DNR TEP member): Leslie Parris - leslie.parris@state.mn.us ❑ WD or WMO (if applicable): ® Applicant (notice only) and Landowner (if different): toddholmers@gmail.com Members of the public who requested notice (notice only): ISG (Lucas Mueller)- lucas.mueller@is-grp.com; Christine Mattson- cmattson@ci.orono.mn.us; jiml@charlescudd.com; rdenman@charlescudd.com ® Corps of Engineers Project Manager (notice only): Melissa Jenny — melissa.m.j enny@usace.army.mil ❑ BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pddf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wea/DNR TEP contacts.pdf ➢Department of Natural Resources Reeional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Reg. Env. Assess. Ecol, Div. Ecol. Resources Div. Ecol. Resources Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy. 2 Div. Ecol. Resources 261 Hwy. 15 South NE Grand Rapids, NLN 1200 Warner Road New Ulm, MN 56073 1 Bemidji, MN- 56601 55744 1 St. Paul, NLN 55106 For a map of DNR Administrative Regions, see: htip://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf ➢For a list of Corps of Project Managers: www.my-p.usace.anny.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP -R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® Approved wetland boundaries BWSR Forms 7-1-10 Page 3 of 3 PN:16.19060 Oihophoto (Hennepin County, 2015) Figure 6 Source(s): We6andDelfnealonQSG,May 2015) a =$ _ F-, Wetland Delineation Map Conl au M"IDYR,201,f) !inch =leo feet 2525 Shadywood Road Friday, June 10, 2016 Orono, Hennepin County, Minnesota Councii Exhibit J Narrative for the SHADYW00D VILLAS -Orono by Charles Cudd Co LLC We are proposing a residential detached villa neighborhood that offers a carefree luxury living opportunity for the empty nester market. These beautifully designed Villa homes would offer main floor living featuring the master bedroom on the main level as well as the primary living areas like kitchen, great rooms, sunporches, decks, dining room, bathrooms, laundry and mudrooms all easily accessible on the main floor. The homes will also have the potential to finish recreation space, game room, exercise room, and 2 additional bedrooms and a full bath on the walkout lower level. We feel there is an excellent demand for this new home lifestyle design. The aging baby boomer market desires to downsize from their larger 2 -story homes and are looking for a better designed and detailed alternative with more luxury and privacy than a condo or attached townhome. The detached Villa home concept also offers the advantage of low maintained living with a homeowners association providing lawn care, trash and snow removal services. Based on the feedback we received from both the Planning Commission and neighbors, we have updated the landscape plan for the Shadywood Villas neighborhood. We have revised our initial grading plan to save as many of the existing trees as possible. We will be using a previous paver driveway for each home which will greatly help the drainage plan and which in turn will save many more of the existing trees. Rick Denman Charles Cudd Co. LLC MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2016 7:00 o'clock p.m. 13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING Barnhart stated the applicant is requesting preliminary plat, comprehensive plan amendment, and rezoning approval to subdivide three existing lots into seven single-family, detached homes. Access will be provided via a new public road off of Shadywood. The Planning Commission reviewed the preliminary plat at their July meeting and felt that this proposed use and development was appropriate for the area. The Commission recommended approval of the preliminary plat. Barnhart noted the house plans included within the Council packet are not what will necessarily be built but are merely sketch representations of what could be constructed on the lots. Barnhart displayed the layout of the development on the overhead and noted that the purple line is the proposed sanitary sewer line. All seven building sites will be served by municipal water and sanitary sewer. Barnhart stated the original plan showed storm water retention and stabilization methods that meet the City's requirements. One of the issues observed during the review was that the grading and excavation removed quite a bit of existing vegetation toward the back of three of the lots. Page 1 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2016 7:00 o'clock p.m. 13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING (continued) Upon hearing those concerns, the applicant has modified their plans in an attempt to minimize removal of the trees, and as a result of those revisions, it appears that 14 significant trees originally thought to be removed will be retained. Based upon a review by the City Engineer of the drainage, modifications to the plan include directing more of the storm water to the east, away from the Kelly Avenue wetland. Barnhart stated the applicant has submitted a landscape plan. Preliminary review of the plan shows a desire to retain the existing tree line between the building area and the wetland slope, which is near the rear edge of the homes on Lots 5, 6, and 7. The ability to retain these trees with the proposed grading will be reviewed. The developer is proposing to add 48 new trees as well as some small ornamental trees near the storm depression area and at the entrance monument. The Planning Commission also discussed the proposed density at their July meeting and recommended that the City identify other locations for higher density to satisfy the Metropolitan Council requirements. Overall the Planning Commission felt that the proposed density for this site was appropriate. Barnhart noted the City has received a number of comments regarding the proposal from the public, with the comments ranging from supporting the project to suggesting the City deny the project. These letters were provided to the Planning Commission and are included in the City Council packet as Exhibit H. Staff is requesting direction from the City Council on the Comprehensive Plan Amendment, the rezoning request, and preliminary plat. Preliminary plat approval should be subject to the following conditions: Flexibility being granted for the lot area, width and setback standards of the RPUD District. Hardcover will be limited to the assigned Tier 4 level of 50 percent on each individual lot. The 0.50 FAR shall be adhered to on each individual lot. 2. Development shall be subject to adherence to the findings included in the Conservation Design report, including the removal of buckthorn and invasive species on the site. Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4. The applicant is to confirm with SHPO that there are no archaeological sites within the property. 5. A 10 percent private recreational space requirement will not be required. 6. Park Dedication Fees and Storm Water and Drainage Trunk Fees, as well as municipal sewer and water connection charges to be collected in full at the time of final plat approval. 7. Vacation of easements as appropriate through the site. 8. Provisions of drainage and conservation easement over wetland and storm water areas Page 2 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2016 7:00 o'clock p.m. 13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING (continued) 9. All items in the City Engineer's memo dated July 21, 2016, shall be addressed to the satisfaction of the City. Levang stated the revisions to the landscape plan were based on the feedback and that it is a very good plan. McMillan asked whether a trail easement along Shadywood should be obtained. Barnhart indicated there is not a trail easement being proposed by the developer. McMillan noted that side of Shadywood does not have any utility poles and that she is not looking at a trail going down to Tonka Bay but more of a local trail for the residents of Navarre. McMillan stated in her view the trail should go on the west side of Shadywood, which would allow pedestrians to walk up to Lunds and the surrounding area. McMillan stated the City should require an easement along there. Walsh stated the City should obtain an easement just in the event a trail might ever be constructed. McMillan stated in her view this trail is more likely to be constructed. McMillan commented the wetland area is very important to the residents on Kelly Avenue, and that the way it is proposed now, the wetland will be part of the lots located on the western edge. Barnhart indicated the wetland will be part of Lots 5, 6 and 7. McMillan stated she is concerned about the long-term maintenance of that area and being kept natural. McMillan recommended Staff look at that to see how that can be better addressed. Rick Denman, Charles Cudd, stated he understands the trail issue and that one of the questions he has is whether the trail would be constructed 100 percent of their property or some in the right-of-way. Barnhart indicated Hennepin County will also need to be involved with the trail. Denman stated the question is whether the County will ever make it a four -lane road. If not, there is room to construct the trail in the right-of-way. McMillan stated Hennepin County will provide comments on that piece to the City. Denman indicated the retaining wall could be built if there is a trail but that the berm needs to go up at a 3:1. There will also be trees on top of the berm. Denman stated at that point there should be room for a trail since there is a 66 -foot right-of-way unless Hennepin County is planning to construct a 4 -lane road. Denman stated if the wetland was a dedicated outlot to the City, it would not be a problem. Denman noted with a 35 -foot buffer, none of the buckthorn will be cut down and that the view from the Kelly Avenue side will stay the way it has been. Page 3 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2016 7:00 o'clock p.m. 13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING (continued) Denman noted there will be a homeowners association and that the individual homeowners will be responsible for maintaining the pervious pavers. Denman indicated they did have an open house to speak with the neighbors and that he did speak with Mr. Masserano about erecting a fence along the property line. Denman indicated they are willing to chip in $2650 towards the cost of the fence. Denman indicated he is not sure how long the fence will be. Comick asked if the density will be impacted if the City takes over the wetland area. Barnhart indicated it will not be. Walsh commented he likes the outlot idea. McMillan noted the homeowners association would be responsible for the outlot. Mattick stated the City could also maintain it if the Council so chooses and that it is more preservation than maintenance. Comick asked if Hennepin County is now okay with the access. Barnhart stated Hennepin County forgot about the discussion concerning the Freshwater parcel when they reviewed this development initially and that Staff has reminded them of the possibility of future development of that area. Upon hearing that, Hennepin County indicated they were okay with that and with the proposed access point for this site. Levang asked if any landscaping will be done on the Kelly Avenue side. Mr. Stonek, landscape architect, stated they will stay out of the buffer and that the back of the homes will be landscaped. Denman asked if they can remove the buckthorn in that area. Levang stated in her view buckthorn removal is important. Barnhart stated generally the City likes the invasive species removed, but if it was removed in this situation, it will be noticeable. If the Council does not want any visible change, he would suggest the buckthorn not be removed. Walsh suggested replacement vegetation of some type be planted in that area. Stonek stated the leaves on the buckthorn are the first ones out in the spring and the last ones off in the fall. Stonek indicated the south property line will be cleared of buckthorn and it will just be kept on the Kelly Avenue side. Stonek stated as long as the yards are maintained, the buckthorn will not spread. Page 4 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2016 7:00 o'clock p.m. 13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING (continued) Walsh commented other damage might be done if the buckthorn is removed. Stonek stated they would remove the thistle and other weeds that might spread. Walsh commented this is probably the best proposal for this site that the City has seen and that he likes the single-family concept and the buffer along Kelly Avenue. Walsh stated there are no huge red flags that jump out with the development. Mayor McMillan asked if anyone from the public would like to comment on the application. Frank Masserano, 2560 Kelly Avenue, stated he lives right next to this development and that the church property is just east of it. Masserano commented the reputation of the builder and developer is high. Masserano indicated he frequently sees deer, turkey and fox almost every day crossing their lot into the wetlands and that removal of the buckthorn would likely destroy their habitat. Masserano stated when he erected the fence on his property, it was built with artificial wood and was quite expensive. The developer has indicated he could put a fence on the berm and run it down the side but that he is a little unsure what it will be exactly. Masserano indicated a 43 -foot deck built out of cedar was $12,000 and that a manmade product is almost three times more expensive than cedar. Masserano stated he personally likes the fence and that it should be brown rather than white. Masserano indicated he would like to have more conversation with the developer about the fence. In addition, there are some large trees along the property line and that he would hate to see them come down. Mark Howry, Outdoor Scapes, stated they plan to spade in some Blackhill spruce, and that once those are planted, there will be instant privacy. Masserano stated he is disappointed they cannot keep the large trees. Masserano asked if they would be able to move the entrance over a little bit. Mark Gronberg, Surveyor, noted they have moved the road five feet south. Denman stated they will offer a minimum of $2,650 for the fence but that they are proposing to spend quite a bit of money putting greenery in there that will be there yearlong. Denman indicated he would be willing to walk the property with Mr. Masserano to see where he would like the fence. McMillan stated when this application comes back before the City Council, hopefully some of the fence details will be worked out. McMillan asked whether there needs to be a new preliminary plat drawing if the wetland is put into an outlot. Barnhart indicated he would like to see it incorporated into the preliminary plat. It was the consensus of the City Council to place the wetland into an outlot. Page 5 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2016 7:00 o'clock p.m. 13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT, AND REZONING (continued) Barnhart stated he is hearing general support for the plan from the Council and that he can prepare a resolution and bring it back to the City Council in the near future. Barnhart stated the Comprehensive Plan Amendment can be voted on at the same time as the preliminary plat resolution. McMillan asked whether Staff has any recommendations regarding the City's overall density number. Barnhart stated he included a possible solution to the City's density issue in the staff report. Barnhart stated the City's Comprehensive Plan is somewhat confusing because mixed use is defined in some places as six units and in other places as four. One solution would be to increase the mixed use to six units overall. Barnhart indicated he would like Staff to come forward with a recommendation to adjust the mixed use density, which would be part of the Comprehensive Plan Amendment. It was the consensus of the City Council that the rezoning of this property to RPUD is acceptable Barnhart noted the rezoning would not occur until the time of final plat. Levang moved, Walsh seconded, to direct Staff to prepare an approval resolution for preliminary plat. VOTE: Ayes 5, nays 0. Page 6 of 6 Date Application Received: 06/23/16 Date Application Considered as Complete: 08/03/16 60 -Day Review Period Expires: 10/02/16 REQUEST FOR COUNCIL ACTION Date: August 31, 2016 Item No.: 11 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"-4 Planning Dept. Title: Senior Planner Item Description: #16-3848, Peter Johnson o/b/o Michael & Janelle Shields, 364 Westlake St. - Conditional Use Permit (After -the -fact) Zoning District: LR -IA, One Family Lakeshore Residential, 2.0 acre/200' width Lot Area: 62,242 s.f. (1.43 ac.) Lot Width: 250+ feet at 75' lake setback line List of Exhibits A — Resolution for Adoption B — Notice of PC Action 8/31/16 C — Draft PC Minutes of 8/15/16 D — Planning Commission Memo and Exhibits dated 8/11/16 Application Summary: The applicants are requesting after -the -fact approval of a conditional use permit (CUP) for a 4' high retaining wall located less than 2' from the side lot line and within a dedicated drainage and utility easement. Please review the attached Planning Commission memo and exhibits. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its August 15th meeting, and voted 4-0 to recommend approval of the conditional use permit as proposed, subject to the owner entering into an Encroachment Agreement with the City, such Agreement to include language allowing the wall to be replaced in kind by the owner without further City approvals, in the event that the City removes or requires removal of the wall for some purpose and such replacement is not in conflict with the City's use of the easement area. Staff Recommendation: Staff recommends approval per the Planning Commission recommendation. A Resolution for approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966 through 78-968 and 78-1405 — File No. 16-3848. Councii Exhibit A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-966 THROUGH 78-968 AND 78-1405 - FILE NO. 16-3848 WHEREAS, Michael R. Shields and Janelle K. Shields, husband and wife, as Trustees of the 2000 Revocable Trust of Janelle K. Shields u/a/d 9/22/2000 (hereinafter "the Applicants") are the owners of the property located at 364 Westlake Street within the City of Orono (hereinafter the "City"), Hennepin County PINTS 05-117-23-23-0043, and legally described as follows: EXHIBIT A, attached hereto (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for after - the -fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-967(b)(3) and 78-1405(a)(5.1)c for construction of a 4 -foot high retaining wall located less than 5 feet from a side lot line, which is considered as an "unusual land alteration" requiring a conditional use permit; and WHEREAS, the Applicants have concurrently made application for approval of an encroachment agreement, as said wall is within a dedicated drainage and utility easement where no such walls are normally allowed except by encroachment agreement per section 78- 1405(a)(5.1)a.2. ,Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 16-3 848. 2. The Property is located in the LR -1A Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. Page 1 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Q1411 The Planning Commission reviewed this application at a public hearing held on August 15, 2016 and recommended approval of the CUP based on the following findings: a. The Property has 1.43 acres in area and approximately 250 feet in defined width. b. The wall is approximately 80 feet in length and located within a dedicated drainage and utility easement. The wall was constructed by the Applicants' landscapers but was not installed according to the approved site plan, which instead had a proposed a two-tier wall system located more than 5 feet from the lot line. c. The relationship of the wall location to the driveway and neighboring property is such that the approved plan had the wall directly abutting the edge of the driveway, which is allowable by code but creates a less -than -perfect safety condition by creating an immediate drop-off that leaves no room for driver error. This is exacerbated by the minimal size of the driveway due to the site's hardcover limitations. While the wall was not constructed according to the approved plan, it serves the function of retaining earth to allow for a functional driveway while not being located at the very edge of the driveway, which appears to be a safer situation than the approved plan. d. While the wall is very close to the west lot line, the adjacent affected neighbor to the immediate west has stated to the applicant that the retaining wall as constructed does not affect him and that it may serve to reduce drainage onto his property, which he views as positive. e. The wall is of placed boulder construction and needs minimal or no maintenance, so its location so close to the property boundary should not be a factor in future maintenance. If the wall does need reconstruction in the future, it is anticipated that work can be accomplished without access onto the neighboring property. f. The wall location is within the typical 5' dedicated drainage and utility easement along the property boundary. While the City does not generally look favorably on construction of improvements within such easements, the likelihood of the City or a utility company needing to use this easement is minimal at best. In the event that a utility company or the City needs to use Page 2 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. the easement for drainage or utility purposes, any private improvements within the easement are at risk. g. Allowing the wall to remain in place as constructed should be subject to execution of an Encroachment Agreement to be filed in the chain of title. Such Agreement would place this and future owners on notice that if the City and/or utility companies need to access the easement area in the future, the encroaching wall may be disturbed or destroyed in the process and the owner will not be compensated for any damage to the wall, nor will the City be obligated to replace it, but that the owner may replace the wall in kind as long as such replacement does not conflict with the City and/or utility company use of the easement area. 4. Conditional Use Permit Analysis. The City Council makes the following findings with regard to the criteria necessary for the granting of a conditional use permit. (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is accessory residential in nature and residential use is consistent with the CMP guiding for this residential neighborhood. (2) The proposed is compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. Construction of a retaining wall less than 5 feet from a lot line requires a conditional use permit per Article V, Division 3, hence this application. (3) The proposed use is adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. (4) The proposed use is provided with an adequate water supply and sewage disposal system. This criteria is not applicable to this situation. (5) The proposed use is not expected to generate excessive demand for public services at public cost. This criterion is met. (6) The proposed use is compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The retaining wall as constructed is expected to have no detrimental effects on adjoining or nearby properties, and is compatible in visual and functional aspects with the surrounding properties. Page 3 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. (7) The proposed use is consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The wall as constructed is residential in nature and is consistent with similar features in the surrounding lakeshore neighborhood. (S) The proposed use is compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The wall as constructed is residential in nature and is consistent with similar features in the surrounding lakeshore neighborhood (9) The proposed use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The wall as constructed is expected to have no detrimental impacts to the neighborhood and is not expected to affect property values. (10) The proposed use will be provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The location, orientation and design of the wall as constructed is such that no screening or buffering will be required. (11) The proposed use will not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The wall as constructed is not unsightly and is not expected to cause any of these undesirable impacts (12) The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. The proposed use will not generate any of these undesirable impacts. (13) The proposed use is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The residential character of the wall as constructed blends well with the neighborhood, and is expected to have no detrimental environmental impacts. Page 4 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. This criterion is not applicable to this situation. (15) Not detrimental to the public health, public safety, or general welfare. The wall as constructed is not expected to have any impact on the health, safety and welfare of the public, and is expected to provide a safer driveway situation for the applicants. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after -the -fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-967(b)(3) and 78-1405(a)(5.1)c for construction of a 4 -foot high retaining wall located less than 5 feet from a side lot line, and grants approval of an encroachment agreement, as said wall is within a dedicated drainage and utility easement where no such walls are normally allowed except by encroachment agreement per section 78-1405(a)(5.1)a.2., subject to the following conditions: 1. This approval is for the wall depicted on the as -built survey attached hereto as Exhibit B. 2. Applicants and City shall execute an Encroachment Agreement to be filed in the chain of title of the Property. Such Agreement shall place this and future owners on notice that if the City and/or utility companies need to access the easement area in the future, the encroaching wall may be disturbed or destroyed in the process and the owner will not be compensated for any damage to the wall, nor will the City be obligated to replace it, but that the owner may replace the wall in kind as long as such replacement does not conflict with the City and/or utility company use of the easement area. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only. Violation of or non-compliance with any of the terms and Page 5 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 12[93 conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12th day of September, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner* Property Owner* * As Trustee of the 2000 Revocable Trust of Janelle K. Shields u/a/d 9/22/2000 Page 6 of 7 STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The foregoing instrument was acknowledged before me this day of 2016, by Michael R. Shields, husband of Janelle K. Shields. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Janelle K. Shields, wife of Michael R. Shields. Notary Public Page 7 of 7 EXHIBIT A I;7 �Yf� I►ly Il [��i�aCf� LEGAL DESCRIPTION Lot 9; and that part of Lots 10, 11, and 12, Block 1, HILLSIDE PARK, according to the recorded plat thereof, Hennepin County, Minnesota, together with that part of the vacated alley adjoining said Lot 12, lying East of a line described as commencing at the Northwest comer of said Lot 10; thence on an assumed bearing of North 89 degrees 57 minutes 07 seconds East along the North line of said Lot 10 a distance of 307.00 feet to the point of beginning of the line to be described; thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating. (Also known as Hennepin County PINS 05-117-23 23 0043) F m - — — IlaT 6 � z a : = a a a a c ; a s � 9T!£131�i— _ -"��., ate.; •.,.. 3 i ? 7 i = it kill Hill $*� N ! f ! } $ s jr_ i p sE fl. • �� i Resolution . k i r 3F�F # `§ g ¢`i R Exhibit B # F , e t t Iill I'll- I ill l if Pq 15 �..�.. ■■ •rase.. if I'll m 1 � 5� � =F m � r r �'� -I i t '• � 1� ;- �� 9a ����� ����� z� 'I �11[ � •fig sy:5 ' .� Irr-1i—\'=�i F..�-=--1----t--�--- x -�-y- - 13 ellVIM N4 �• .�� 1 4 � N 1 1 �� 1 E'F ; o� zoo j 1. OP 00 03 LA 0 1L in O � 0 n Resolution Exhibit B 5 I/� I�77--77 � V �- �/--Zzzz—zz X950.6 950.6 5 .48 N89°2I'19"W 10 i' x952.7 X953.6 951-7 x950.2 x950.1 x950.7 951.7 117, R23_ v Existing x949.6 x952.0 950.8 �— x953.0 - — — � Sanitary Clean Out - — ` � � -- 948.8 �5D.2 S 950.6 \. 948.1 x 00 950.0 x949.0 949 $�s 949.5 x JL - n .. 4und IP Marked 18456 m _ r 7 Drainage and Utility Easement Per Doc / x949.8 —� 9 0. 0.9 Wes: of Carver v X u 3239208— ��--A44. \`~ 1 ,48.9 1 � RETAKING SNA r r� 946.2 'd X C i ►izMmII x946.0 0. �t,N 943.8 U4 V) v in ( �� NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO Council Exhibit B 2750 Kelley Parkway ZONING FILE: 16-3848 PO Box 66 Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: August 31, 2016 TO: Michael & Janelle Shields COPIES: Peter W. Johnson 364 Westlake Street 249 Mill Street Orono, MN 55356 Excelsior, MN 55331 TYPE OF REQUEST: Conditional Use Permit (CUP) — Retaining Wall DATE OF MEETING: August 15, 2016 The Orono Planning Commission voted 4-0 on a motion to recommend approval of the CLIP for the existing retaining wall within the easement area, subject to: 1- Property owner entering into an Encroachment Agreement, and 2 - Such Agreement to include language allowing the wall to be replaced in kind by the owner without further City approvals, in the event that the City removes or requires removal of the wall for some purpose and such replacement is not in conflict with the City's use of the easement area. 0 AGAINST Applicant's next meeting is scheduled as: Monday, September 12, 2016 This is a City Council meeting. The meeting begins at 7:00 PM if you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Mike Gaffron at m a ran c1.orono.mn.us or 952.249.4622. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Council Monday, August 15, 2016 Exhibit C 6:30 o'clock p.m. ROLL CALL The Orono Planning Co?Levang n met on the above-mentioned date with Zd lowing members present Chair John Thiesse, Cos Denise Leski�aen, Loren Schoenzei Ion Schwingler. Representing Staff wereM Development Director J arnhart, Senior Planner Michael Gafiron, City Planner Murtis, Recorder Jackie Y g. Council Member Dennis Walsh was present. Council Membarrived $:12 pan. Chair Thiesse called the meeting to order at 7: ., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF P G COMMISSION MEE MINUTES OF JULY 18, 2016 Schwingler m hoenzeit seconded, to approve the minutes of the no Planning Commission m of July 18, 2016, as submitted. VOTE: Ayes �4, Nays . 2. #162848 PETER W. JOHNSON ON BEHALF OF MICHAEL AND JANELLE SCHIELDS, 364 WESTLMU STREET, AFTER -THE -FACT CONDITIONAL USE PERMIT, 7:11 P.M. -- 7:18 P.M. Peter Johnson, Attorney -at --Law, was present. Gaf1'ron skated this property is located at the end of Westlake Street. The applicams are requesting after - the -fact approval of a conditional Use permit for a 4 -foot high retaining wall located less than two fleet from the side lot line and within a dedicated drainage and utility easement. Caffmn displayed the original plan for the retaining wall. The wall as constructed is approximately 80 feet in length and was constructed by the owners' landscapers but was not installed according to the approved site plan. The original plan called for a two-tier wall system located more than five feet from the lot line. Page 1 of 32 MINUTES OF THE ORONO PLANNING COWNMSION MEETING Monday, August 15, 2016 6:30 Web ek pm. In regards to the drainage, Staff does not believe that is an issue. The adjoining neighbor to the immediate west has stated to the applicant that the retaining wall as constructed does not affect him and that it may serve to reduce drainage onto his property, which he views as positive. If the City Council approves the conditional use permit, the property owners will be required to enter inw an. encroachment agreement with the City, to be filed with the title of the property. The encroachment agreement notifies the property owner that the City has the right to remove the retaining wall should the easement area ever been needed. Gaffron displayed photographs of the retaining wall and adjoining area, Staff has reviewed the wall as constructed and observed its relationship to the driveway and neighboring property. The approved plan had the wall directly abutting the edge of *e driveway, which is allowable by code but creates a less -than perfect safety condition by creating an immediate drop-off that leaves no room for driver error. While the wail was not constructed according to the approved plan, it serves the function of retaining earth to allow for a functional driveway while not being located at the very edge of the driveway. This would appear to be a safer situation than the approved plan. Planning Staff recommends approval of the conditional use permit for the existing retaining wall as currently located, subject to the property owner entering into an encroachment agreement establishing parameters for the continued existence of the wall within the drainage and utility easement. Thiesse asked whether the wall could be replaced in kind in the future in its current location. Oaffron indicated they would require a permit if the wall is relocated and that the City would likely also require a review of the conditional use permit if the wall is rebuilt in the same location. Thiesse asked if the properly owners could build a similar wall in a different location if the City decided that it needed that area for a drainage way. Page 2 of 32 MEWaES OF THE ORONO PLANNING COMMKON. MEETING Monday, August 15, 2016 6:30 o'elock p.m. V Ga#Ijron stated to his belief they would be allowed to but that it would be a question for the City Attorney to answer. Gaffron stated if the City decided it needed the easement area, the wall would not be allowed to be rebuilt if it interfered with anything within the area. Thiesse stated he would like that spelled out in the agreement. Peter Johnson stated he is here on behalf of the applicants and can answer any questions the Plamling Commission may have. Chair Thiesse opened the public hearing at 7:16 p.m, There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:16 p.m. Schoenzeit stated perhaps allowing encroachment ageements to be approved administratively could be discussed at the next Planning Commission work session. Thiesse noted it requires a conditional use permit. Leskinen noted the issue with this application relates to the retaining wall being located in a drainage and Utility easement. Curtis stated if the wail were located out of the easement area, then it would require a conditional use permit and not an encroachment agreement. Thiesse stated the public should also be able to comment on the matter. Leskinen commented it appears to be a reasonable request as long as an encroachment agreement is entered into. Page 3 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 1Vlonday, August 15, 2016 6.30 o'clock p.m. Schoenzeit moved, Schwingler seconded, to recommend approval of Application No., Peter Johnson on behalf of Michael and Janelle Schields, 364 Westlake Street, granting of an after -the - bet conditional use permit, subject to Staff recom ateadataions. VOTE: Ayes 4, Nays 0. 3. #16.3551 IkTER BLUTH, 2413 CARMAN STREET, VARIANC, 7:18 P.AL — 7:25 P.M. Peter Bluth, Applicart, Curtis stated the applicant is req side and rear setback varian in order to add a second story to the existing non -conforming allow for storage and living . The garage exceeds 1,000 square feet and is therefore defined as.' s oversized accessory s requiring additional setbacks. The applicant also proposes to construct an 'tion to the a over an existing grade -level deck where a screen posh currently exists which would res in a aration of approximately nine feet from the garage where a 10 -foot separation setback is req The property is it corner lot and by definition S line is defined as the front. The south lot line is the rear, which requires a 30 -foot setback the existing . The side setback variance is requested to allow expansion of the over the 8.4 feet from the side lot line where a 30 -foot setback is required. In addition variance is requested to ow expansion 11.9 feet from the rear lot line where a 30 -foot seftwA is readnvd. The 10 -foot code required sap 'on between buildings is for the purpose o reducing massing and bulk on properties. The existing porch structure is ten feet fiom the nearest corner. However, the applicants are proposin to construct the addition in line with the west lineo e home, which would result in a 9 -foot se Staff finds that the conforming location of the garage constitutes a practical difficul with respect to making any ' vements or changing the footprint. The proximity of the house to the further limits options. a encroachment of a corner of the garage by one foot into the separation distance is minimal and does not appear to be impactful as a fall wall encroachment from a crowing standpoint. Page 4 of 32 Date Application Received: 06/23/16 Date Application Considered as Complete: 08/03/16 60 -Day Review Period Expires: 10/02/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Item 402 - PCAgeltern 2- 0811512016 File #16-3848 [Total Pages 22] Date: August 11, 2016 Subject: #16-3848 Peter Johnson o/b/o Michael & Janelle Shields, 364 Westlake St. - Conditional Use Permit (After -the -fact) - Public Hearing Zoning LR -1A, One Family Lakeshore Residential, 2.0 acre/200' width District: Lot 62,242 s.f. (1.43 ac.) Area: 250+ feet at 75' lake setback line Lot Width: Application Summary: The applicants are requesting after -the -fact approval of a conditional use permit (CUP) for a 4' high retaining wall located less than 2' from the side lot line and within a dedicated drainage and utility easement. Staff Recommendation: Planning Department Staff recommends approval with conditions. Pertinent Code Sections Sec. 78-966 thru 78-968 — Land Alteration Standards Sec. 78-1405(a)(5.1)c. — Nonencroachments List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. As -Built Survey/Site/Grading Plan Exhibit D. Approved Survey/Site/Grading Plan Exhibit E. Photos Exhibit F. Pertinent Code Sections Exhibit G. Sample Encroachment Agreement Exhibit H. Property Owners List Exhibit I. Plat Map Background The applicants are requesting after -the -fact CUP approval for construction of a 4' high retaining wall located less than 5 feet from a side lot line, which is considered as an "unusual land alteration" requiring a conditional use permit per Orono Zoning Code Section 78- 967(b)(3), and which does not meet the standards for being considered as a non - encroachment under Section Sec. 78-1405(a)(5.1)c. The wall is approximately 80 feet in length and located within a dedicated drainage and utility easement. The wall was constructed by the owners' landscapers but was not installed according to the approved site Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] FILE # 16-3848 August 11, 2016 Page 2 of 4 plan, which instead had a proposed a two-tier wall system located more than 5 feet from the lot line. Staff has reviewed the wall as constructed and observed its relationship to the driveway and neighboring property. The approved plan had the wall directly abutting the edge of the driveway, which is allowable by code but creates a less -than -perfect safety condition by creating an immediate drop-off that leaves no room for driver error. This is exacerbated by the minimal size of the driveway due to the site's hardcover limitations. While the wall was not constructed according to the approved plan, it serves the function of retaining earth to allow for a functional driveway while not being located at the very edge of the driveway. This would appear to be a safer situation than the approved plan. While the wall is very close to the west lot line, the adjacent affected neighbor to the immediate west has stated to the applicant that the retaining wall as constructed does not affect him and that it may serve to reduce drainage onto his property, which he views as positive. The wall is of placed boulder construction and needs minimal or no maintenance, so its location so close to the property boundary should not be a factor in future maintenance. If the wall does need reconstruction in the future, it is anticipated that work can be accomplished without access onto the neighboring property. A final item of concern is the wall location within a 5' dedicated drainage and utility easement. The City does not generally look favorably on construction of improvements within those easements, which are created within all new plats and are typically 5 feet in width on either side of interior lot boundaries. In the event that a utility company or the City needs to use the easement for drainage or utility purposes, any private improvements within the easement are at risk. In the applicants' situation, the likelihood of the City or a utility company needing access via the easement is minimal at best. Based on the above review, staff is recommending that the wall be allowed to remain in place as constructed, subject to execution of an Encroachment Agreement. The Agreement will be filed in the chain of title and will place this and future owners on notice that if the City and/or utility companies need to access the easement area in the future, the encroaching wall may be disturbed or destroyed in the process and the owner will not be compensated for any damage to the wall, nor will the City be obligated to replace it. Conditional Use Permit Analysis Conditional use permit approval shall be granted only when the following criteria are met: (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is accessory residential in nature and such use is consistent with the CMP guiding for this residential neighborhood. (2) The proposed use is compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code. Construction of a retaining wall less than S feet from a lot line requires a conditional use permit per Article V, Division 3, hence this application. (3) Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. (4) Provided with an adequate water supply and sewage disposal system. This criteria is Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] FILE # 16-3848 August 11, 2016 Page 3 of 4 not applicable to this situation. (5) Not expected to generate excessive demand for public services at public cost. Staff believes this criterion is met. (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The retaining wall as constructed is expected to have no detrimental effects on adjoining or nearby properties, and is compatible in visual and functional aspects with the surrounding properties.. (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The wall as constructed is residential in nature and is consistent with similar features in the surrounding lakeshore neighborhood. (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The wall as constructed is residential in nature and is consistent with similar features in the surrounding lakeshore neighborhood. (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The wall as constructed is expected to have no detrimental impacts to the neighborhood and is not expected to affectproperty values.. (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The location, orientation and design of the wall as constructed is such that no screening or buffering will be required. (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The wall as constructed is not unsightly and is not expected to cause any of these undesirable impacts. (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. The proposed use will not generate any of these undesirable issues. (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The residential character of the wall as constructed blends well with the neighborhood, and is expected to have no detrimental environmental impacts. (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. This criterion is not applicable to this situation. (15) Not detrimental to the public health, public safety, or general welfare. The wall as constructed is not expected to have any impact on the health, safety and welfare of the public, and is expected to provide a safer driveway situation for the applicants. Encroachment Agreement Required In accepting this conditional use permit, the property owners will be required to enter into Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] FILE # 16-3848 August 11, 2016 Page 4 of 4 an encroachment agreement with the City, to be filed with the title of the property. A sample agreement is attached. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner, and that the criteria for issuance of a CUP are met? 2. Does the Planning Commission find that the CUP, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose additional conditions in order to mitigate any impacts created by the granting of the requested CUP? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the CUP for the existing retaining wall as currently located, subject to the property owner entering into an Encroachment Agreement establishing parameters for the continued existence of the wall within the drainage and utility easement. City of Orono Item #02 - PC Agenda - VE D File #16-3848 [Tota ages PC Exhibit JUN 2 2 20185 Conditional Use Permit Application OFORONO S&IwtAddress 2750 Kelley Parkway Application # Orono, MN 55356 D81:6 Rbiceived: - —/ Main: 952-249-4600 Staff fax: 952-249-4616 Fee: �- Mailing Address: P.Q. Box 56 Escrow # & $ Crystal Bay, MN 5532340066 Permit Fee jNotes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. r%.1 - - a - - SITE LOCATION: APPLICANT I AG Applicant Name: Phone (Primary): Applicant Email: Address: Agent Name: Agent Email: PROPERTY OWNER INF RM�TION: ID check fere Name: G Phone (Primary): ro ` p Mailing Address: a Email: Applicant is: Contractor owner is APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, Homeowner (Circle One) qr") !cant • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no altemative but to reject it until it Is complete or to recommend the request for denial of the request regardless of its potential merit Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. ��LJ L. Applicant/Agent Signature: Date: Applicant/Agent Signature: Date: ry a Property Owner Signature: Date: Property Owner Signature: Date: CUP Wicafion - January 2016 P 2 slM q/ iaat Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] PC Exhibit B Narrative Description of Conditional Use Permit Ap lid cation Mike and Janelle Shields ("the Shields") recently constructed a new home on their property at 364 Westlake Street in Orono (the "Shields Property"). They are requesting a Conditional Use Permit (CUP) allowing them to maintain an existing retaining wall within 5 five of their common property line shared with Robert D. Erickson (the "Property Line"). Robert Erickson's property is at 372 Westlake Street (the "Erickson Property"). The boulder wall is approximately 80 feet long, extending from the Property Line corner ("Property Corner") approximately 20 feet to the west, and 60 feet to the south. The wall is located entirely on the Shields Property and is less than four feet in height over its entire length. The wall is accurately depicted on the survey drawing that has been submitted as part of this application. The retaining wall was constructed approximately one foot from the Property Line by a subcontractor working for LDK Builders, Inc., and encroaches upon a perimeter drainage and utility easement that benefits the City of Orono. The current drainage and utility easement extends five feet either side of the Property Line. Drainage flows for both the Shield's Property and the Erickson property are enhanced by the current location of the retaining wall and are significantly better than drainage patterns that would exist without the wall, or with a re -located wail. Specifically, the wall minimizes the amount of surface flow from the Shields Property onto the Erickson Property since permits surface runoff from the Shields' driveway to be sheet drained across the Shields Property rather than running onto the Erickson Property. The current location of the retaining wail also enhances the privacy and control for both property owners since it is located at the dividing line between the properties and creates a natural separation without creating an orphaned area owned by the Shield's but more easily accessible from the Erickson Property. In lieu of removing the retaining wall, the Shields request a CUP under which the City's future use of the easement is not impaired. Conditions for said permit could include execution of an.Agreement by the Shields agreeing that the City is not obligated to restore or repair the wall in the event the City acts to use or modify the area of the easement now covered by the retaining wall. Alternatively, said agreement could include the grant of a substitute easement area which is not covered by or impaired by the existing wall. Future City use or modification of the easement area that conflicts with the current location. of the retaining wall seems unlikely. The perimeter easement terminates at the shoreline of Lake Minnetonka 171 feet south of the Property Corner. - NM rA. OM "k d.rlll. .910.0 .9425 x91&2 936'3 p1p,p .91°.4 D76.p d U11117 Ea.mant I Oed Na 323821 1 ` . 'rrrrriir- w!ft ' L ... ~ � R.A P Y.ky B4ea oElNu Ale Ye• d Caw ............. ...................... Item #02 - PC Agenda - 08/15/2016 l/' /-/ / MMerp lthae 'wz-940b450.0 N8021ri9"w 510.48 ,9627 9A7 8 e9m3 •W7 919 _ - Swm Lime Of the NaMwt 1/4 SM 5. T 1R. R23 . _ 4- mmm qC .910.5 �{9 -1- x -189°21119"E 284.15 ` I I ll/rii EESrDJO B90L09N0 . / (TRACED OFF OF AERIAL PHOTO} PROPERTY DESCWP110N Ld9;b MMelpatldIse1b,11,arcs12,ndci1,Ne_uPEPARK•7;r,.phIntraprMtlpitynere al.oaki t 1Caunly. le0eurar Wy, Pv1Pam -rGM adwea G' hisoff La .FEWZ bino Eml ala Nbdescribed Rea mom. drgalfie f aAD K4. thp0b! La110r Mance trene u, b.db.mYigdNWh W.beacia SP 5-htoTrsar,da FEW L k 9re NprM SISIIX dd rpt 100.dabna of3mAp NK 4. the pdnldbtpinlnp dth. 0.,ampe deuabe¢Amar m a be0rbp dawb to Me dlmelr d Leh. A91"ebnke antl rMtl ie Ner.bmrteeq. NOTES; 1.) SIAL Addleev 964 Wpemke Staal,O,m0. MN 55359 21 Ones laid Nes 92742-6 SW PLa 1A3 •FAuee (wkmt!.Ied b 0I1041.) .)Tie mrwKZx 0.J for ftwaked pmp VIs LIMA• Ore Fw* Laka6wre Rudw"-2Aam, pwtho, M of 0-1,=111 crac omM March. 2611. Tie actica hoW& and Now spam eaz rBWAA a fpr wid za.g deutaeere .nn obtained nom Section T8 908 burst an Mab a ales on Me Ere of 1241.M3 wd era as nrpax Iqt AnF 2 ASI .. LO vddu. 2W Front Yard 3Nbamk 50 rap[ V& YnM Bplpppr 90 rept Roar Va V 6aebedl 50 / W 9budtre Hamot Dn-j ID keel Plum roto Dmt ft p oacd Mawr*br to edea pmpurty mW Iera been -laid tiroto a dy p o- We -M ba unalae d 0.W, amaWrm,k 6Mer sandha moerdW tlppery" pmrked fe ea, W0. raeonarwra Md a minp Wer 4 ebbbetl bpm Be $n6gP,adrrakator ror IIe CralM! raaalcclb,vfor9asY E,esu,Rnaneaatw.nae,le"ntterapp.dnaklarpnb. Tneoonb.pmrah.LmennheMena.alor.�kndaraaballe�a,9we.ae.km arnrllerrcil9rmk He+9remb bs tr/,•rpap..yla}aamyentl M d.maprnd�9 autMhbfeaure M psc0 pato entl preeene any and e• e1deU9 er9� 4) The Pmperyh aWrmm14* Tdr 1 More ebmmetor Q Witt Prods/ Oecrkry DIbM Tkw Map Dared 41943. 6) Th. P -rqk a,4a1adalM B. BWbbs �y orapega0ktrb! eomdary pe Bs: Profr.pe fNddd ap.ntlw map Baby 11,9(}]6.ar,d doss nctapaarW be 1eMH a bulkraaa dewelrr4 BI hent nraabaYr a mHmum 2% dna padedb noanmmt.kPpda". LLatra®e. 7)1431 bl/sel bas as mrAvuxd b lar,3ed.rada foolantl wn he ,ua:d .s herrA.n.drx e) The pmrmed adnna, Newnk eorvp.rd.dd.nd deee not purport b dho.eacYr hm d. drL..atr.hJ Its bAL 9)A Illb."n- Urrikh c!W,hb4anrp IO) pmpaad Wadea*F 001ap,Y10 bAft f-lblvl r.Iba IS LDP Of black dim 11)W. hra bl,m- Me propbxd baaln df IV rrmry a a 1.eM dean ODM I0.The-be r,avthed.u6Ar.dendappm.adbef- on-1 al rcmslnxEn. nJBprchmrrk LakeMmebrda VAeer Eereapn•92634FM INGVO IPJ9}PerlwaWW®GSaek Waley &fids Wcb Spa. !- Haar hes rot been aAeei.ttlra lead Sia ax9lballrt - O GIST RON MMM04T 1 CATCH BASIN tFLARED END SECTION M GATE VALVE < GUY WIRE 'EY HYDRANT O IRON PPE SET • RON PPE RILING I;7 LIGHT POLE nh PUM POLE ® SANITARY MANHOLE Q SANITARY CLEANOUT 4 SIGN +a�-p 9MUND ELEVATION ® VOW DRAIN ® STORM MANHOLE it YARD LIGHT =72.5 4M01,10 A T 6EYADON Hardcover ler 1.1 USE QNCLUDING COPYING, DISTRIBUTION. ANDNOR COFIVEYAYCL OF Lot AIS® v 82-242 S.F. House Area • 5.919SF. Sloop Are" .252 S.F. Pavers Area=2.935 S.F. BIL Ales =5,557 S.F. Faslydng Wall =23T S.F. Pod Area . 256 S.F. Total lmpervlas Arae =la185 S.F. C ,orog b =22.19% (25% Ml;x) Pmpono d Elovadorm Frapaad Gva9.rbm EI -%a -9820 Pmp,md Top of FmcdoWn Eaavalm =95ZA Proposed Barron[ Fbo Benbn-943.0 Prmpoaad FirstFlar OrA*n -9544 p-Adro.ork r -948.4 Ai4PgtE19Vellon° A.&MG-p71oQEEer.lal =952A AAWa Top MFmrealmnahsoml -99a.1 AeG11109 JFbe Eeralm =944.1 A"FjmFIb4r Wcgb*n x97..1 .970.7 .9°0.7 051.7 - - "�' x J �... ow.B �9sL9 .9510 ora 4 -tat V- PIP. _,y \ .gats \ 19WA wmi uASL T L5 951. i�^9 - a_ - SIDE SETBACK 1 .: \ I Ana , � � gyp° 9521 � � 9514' I r �` �1 u ------ h... N.r7Trnta u %^ e. w Aper- Y� Dr.iwpe -d UtIny I:-, mnt Par Den N. RETAN'NG WAIL --� i I R ZD 10 O 10 20 40 SCALE IN FEET SURVEYLEGEND ®A/C UNIT MCABLE TV PEDESTAL MELECTRIC TRANspowER d7 ELECTRIC MANHOLE O ELECTRIC METER O GAS METER O OAS VALVE WARD RAIL OE HAND HOLE ML Boma TREE CONFEROUS TREE DECIDUOUS O) TELIR-WE MANHOLE M TELEPHONE PEDESTAL - TRAFFIC SIGNAL Y UTILITY MANHOLE IM UTILITY PEDESTAL 1M1Id rG2nAD0e AaRILT O.LVATF" sin" 7 CABLE TV CONCRETE CUSS CONCRETE . CONTOUR E12371Ne CONTOUR PROPOSED m -DRAIN TLE UNDERGROUND �Ir--• FENCE -RI raM OPTIC VNOERGROLWD - SIRS WNDERGMU"O 9JEtlHEA9 UTILITY � RMLROAD TRACTS SANT-ARY SEWER STORM SEWER -10.- TELEPHONE UNDERGROUND -m1- URSJTY UNDERGROUND I - wATERMAIN rtvpluNb USE QNCLUDING COPYING, DISTRIBUTION. ANDNOR COFIVEYAYCL OF Naenq•,xrrey mot ny, r,a.u[, Gam` Hut uge INFORMATION OF THIS PRODUCTIS STRICTLY PROH]BfTEP N7TE10Ui SATHRE-SEROQUIST, INC.'S EXPRESS WRITTEN AITTHOR¢ATION USE WITHOUT _ SND AU" FIORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-SERGOUIST, INC. OF ALL RESPONSIBILITY. SATHR&BERGQUIST. INC. RESERVES THE RIGHT TO HOLO ANY D�EOrTIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING1G FROM ILLEGITMATE USE ruprrutefosuwdalamaftLi- the Slee tmruic owh. ZZ r CRy ColMmens 'MComments halted In Fkld flit&Glade RwAslone ASBUILT LoI r01 t41 RETA99DIG 11 1 1 lb 5 , f �a p PC Exhibit C l ff � 1j ]1� ,j ,r 1I l+ # Ir o b-9r•�pa f .OSiJ4� I /.. I ! GAP °A a 9p'T Vm° 4" `. 16'- 1 s ��,a -n+�Tftl. a tL°� � ` --' // -Ss• �J j J r � 57 I •�° ,� .91x.2 /� \ =wsa / ........accc,,,/ / / - / � i b 1, ,.ai�+L � �p �qAl^� 4� .a +r � •'�:; '-• � ' � � .814.1 / \ \ / / � / I,Al ^`/s0.,/93d�, oart4 RETAINING WALL j �Iiti z KN 1 w�°4'7 .6.17 -EI .933.8 9 j en. � LCT 12 I 44 jr i.�erTs .•�.r '-_nom. -._r a- yr.._(�F�l. *.T, #k 3848 u[� T Ess 0.0 7WP`.117-R3E.23-SECA .t0. RefR HENNEPIN COUNTY g $ SATHRE-BERGQUIST, INC, BOOK XXIUPAGE XXX I'D SOUTH BROADWAY 111AYZA1A.1111, 5381 ("7,)47&6000 ORONO, .40347 ��Ra pT.Pa MINNESOTA RECEIVED JUN 2 2 201s, CITY OF ORONO CERTIFICATE OF SURVEY ASBUILT LDK BUILDERS, INC. FILE NO. 5036.09'2 1 � 1 C la`'' T I Ell CERTIFICATE OF SURVEY ASBUILT LDK BUILDERS, INC. FILE NO. 5036.09'2 1 � 1 Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] PC Exhibit C 1 / `P EXISTING 9581.2 - �n GF OF AE 1 j�/-z/-Z �(TRACED OFF AERIAL PHOTO) /5� /2 - Z /-/ I x949.0 950.6 145.2 2947.3 x950.0 x950.6 N89°21'19"W 510.48 x952.7 x953.6 951.7 x92: x952,7 >+947.6 'x949.3 x949.5 951.7 x945.4 x949.5 !Line Parallel to the South Line of the Northwest 1/4 Sec. 50, T 117, R23_ -Existing - _ `950'2 x2950.7 x950'7 x;950$ x952.(} x9530 Well 4" Cast iron Pipe I 946.4 r r - - Scnitary Clean Gut � � � 953.6 ��� tt 945.6 47.6 ; 5 r x953.B 948.& ��O.2 S 950.fi 51.1 �- ';.19614 .x _ .�A. x951.5 x 951.9 X952.1 4 LN S` 'x 9 i• ;I 946.4 948.1 950•(3 51.5 952.3 SIDE SETBAC I .__.. _.�,.,......� .._.,......._., x947.5 948.4 x C,0x949.0 949 �Sp I x945.7 949.5 x x949.8 952.0 I _ x X X X � x --X X- _ --mound IP Marked 16456 0.1 5au' S89'21' 19"E 284.15 7 Drainage and UUity Easement Per Doc. N Z- `i 111;7. - - EXISTING BUILDING (TRACED OFF OF AERIAL PHOTO) Nith that part of the .sumed bearing of North :o be described; thence 11 - �,> „ 0,9 West of Corner -Ln 3239208 - -7 15 / f ff ' / I � 3 t -A44. �_4yl 1 RETAMNG SNA t �f X N Ln F x J �I J 9".4B.2 1 .".31 aQs .6 � 952.1 hl \g O ` � T 9 b. -v3 boa •`' D FS1161 1 gBI X10` Cu e Sit l� ,bp^kp `1 O v* (:P.d .,d .. A d O e a d ' V ' a 'd a dd d J a g2 Item #02 - PC Agenda - 0811512016 File #16-3848 [Total Pages 22] PC Exhibit D W 7 7: EXISTING BUILDING FFE=958.2 A. GFEw957.1 (TRACED OFF OF AERIAL PHOTD) . .... ........ ...... .. . ...... XXq .......... .. ......... ............ XI ...... ... .... . .... .. ...........", v L .......... N"89021"19 -11M. ....510.48 Northwest IY4 Sec. 5, T 1'1'7'""R23 ... ... ...... Well 4" Cost lrd� Pipe Line of the 1 0" . . ....... .... POSED, SILT FENCE ............ Sanitary Clean Out - ........ ........... ver. UWriou'. Found �ebar 0.5 NW of Comer match'Ex. EXISTING DRIVEWAY Driveway —.91F_ t'A \ \; Swale *0 1__0 ... . ............ t��!b . ............ xr, SIDE §ET13ACK .... ... ........... .......... ...... .... ... ..... .... . .... ...... .... Xq ........... �Pv ....... . -CP X X (74-7 . ... . ........ .. . ...... ... . d IP Marked 164,56 0,1 South, 0.9 West of Corner — ........ ---------- L22n . . ..... ob r\T -1 Drainage and Utility Easerrient per--DQc,�o. 3239208 ............ . .15 .............. ........ 284 .......... . ..... . ..... ............. .... ... . ........ . . ....... .... ... ......... ...... . � - W 7 v 5 ............ .... ........ ........ 4�........... 46' . ... ...... ... . ... y of "0 10P_........ I .. - OW, .. . .. .......... ...... . ......... . ...... ............... 16 30.0% 44 "0 xS X(I Xq YY 0.0 77- ... ....... ...... .. ..... . ... .. ....... .... ....... '0 ............. n, tK IG BUILUNG 0j cote OF AERIAL PHOTO) 'e C*1 ...... .... I GJ X 5 ...... ...... 0 94 ...... ...... ....... q t .......... .. b., ­ , : .. . ............. OAD/ /A to 0!i U Ok 00 . .. ........ .......... ............ 4P" LD CONNKTExPLORERN WAS � F • �I � yiYy _ 6" d _ +i Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] PC Exhibit. E � • a rim { �. 4 fit■ ��� — ��. A. Za r i i M r 1 p r � R _ L ,-- jfr N N, t pp Irr- • #- �; > " y -- ! �... �..,,s �,., � �,� � � q ,, a .' F �. t� ► �, 9 _ — �� �i a#te♦♦ I lop1 r , Ip reap: Auto - G411712015 (2015) - < image 1 of 4 WAj �% in G - `•�" -. - —^ •+y� �k C -+. ey mss. �" eT- a 08/09/201 iII. I w law ow [x$1091" ^,4 a-# '�.� ♦ [r� 1 * e- �e . $ .;��� � 4� ^..�F•��� - - �.� + 9,f+ie ,}.tea 08/09/2016 r + - ► Item #02 SPC Agenda - 08/15/2016 -M in,- ` T � i File ib -3 si+8 [Total Pages 221 .. LO j a • i IX- Y x 6 -'-- �. ,fir, . *�' •. # r.. � "�` � R Vic. do� J f �T�lNtN� W_ {�w{L L. w tk DAl VIC w Kky Se Q�tDI►I�IA-�'tC Orono, MN Code of Ordinances =78-966- Item #02 - PC Agenda - 08/1512016 File #16-3848 [Total Pages 22] PC Exhibit F (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1, 12-8-1997) =Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) about:blank 8/11/2016 Orono, MN Code of Ordinances Item #02 - PC Agenda - 08/15/20f Gage 2 of 2 File #16-3848 [Total Pages 22] Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surround (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2,12-8-1997; Ord. No. 171 2nd series, § 1, 4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015) Sec. 78-968. - Permit. An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the council may require. Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. (Code 1984, § 10.03(20)) about:blank 8/11/2016 Orono, MN Code of Ordinances Item #02 - PC Agenda - 08/016 of 6 File #16-3848 [Total Pages 22] Sec. 78-1405. - Nonencroachments. (a} The following s al not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one -family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1) Retaining walls, subject to the following provisions: a. Retaining walls maybe located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway, 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing grade, which are located within the property and at least five feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. c. Retaining walls exceeding two feet in height above existing grade or for which the amount of imported fill associated with the structure exceeds 20 cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be about:b)ank 3/30/2016 Orono, MN Code of Ordinances Item #02 - PC Agenda - 08/W03 of 6 File #16-3848 [Total Pages 22] located so as to meet the required accessory structure setbacks established for that yard. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporaryfence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing grade below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: fence Height Measurement on Sloped Site about:blank 3/30/2016 Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] PC Exhibit G ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2__, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and ("Owner"). 1. BACKGROUND. Owner is the fee owner of property with a street address of legally described as: [wert legal description] and locked in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property'). The City owns an easement for drainage and utility purposes over part of the Subject Property. Owner wants to construct a on the Subject Property which would encroach on the City's easement (the "Encroachment"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the Encroachment on the City's easement except over existing utilities. It is the Owner's obligation to locate the existing utilities prior to commencing construction of the Encroachment. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to 164774 Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] encroach in the City's easement, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, in whole or in part, by the encroachment onto the City's easement. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Owner of the Subject Property thirty (30) days advance written notice. The Owner shall, at its own expense, remove the Encroachment. If the Owner fails to remove the Encroachment upon notice by the City, the City may do so and the Owner agrees to promptly reimburse the City for any costs the City incurs. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. 6. BINDING AFFECT. This Agreement is binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. (SEAL) STATE OF MINNESOTA ) (ss. COUNTY OF H R4NEPIN ) CITY OF ORONO: By; Mayor And City Clerk The foregoing instrument was acknowledged before me this day 2___, by and by , respectively, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 164774 PROPERTY OWNER(S): STATE OF MINNESOTA ) ( ss. COUNTY OF ) Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] The foregoing instrument was acknowledged before me this day of , , by Notary Public DRAFTED BY: CAMPBELL KNUTSoN Professional Association 1380 Corporate Center Curve, Suite #317 I Myttj Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM 164774 I AMAV-0"DB-4 i „adn-dod progaa ai 4ai9AgU "'a ue"+' ; X0965 il3At/;uegeso al zasiii}� WOO- JDAe AAMM i ap Up ainepey el a xagdaa p S Item #02 - PCAgendaaa jW5W"jZ94 saUenbiq File #16-3848 [Total Pages 22] 38 05-117-23 23 0009 38 05-117-23 23 0027 PC Exhibit H JEFFREY & CAROLYN STRANDBERG ROBERT D ERICKSON 3895 BAYSIDE RD 2435 WAYZATA BLVD W LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 23 0010 38 05-117-23 23 0039 DAVID & KAREN DIANIS BLAKE MICHAEL BICHANICH OCEAN HOUSE 410 NORTH 332 WESTLAKE ST 579 NE PLANTATION RD LONG LAKE MN 55356 STUART FL 34996 38 05-117-23 23 0013 38 05-117-23 23 0040 CYNTHIA K & TIMOTHY R HARRER GREGG S PERL 340 WESTLAKE ST 309 WESTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 23 0014 38 05-117-23 23 0042 ROBERT A OLSON ROBERT D ERICKSON 348 WESTLAKE ST 2435 WAYZATA BLVD W LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 23 0015 38 05-117-23 23 0043 RICHARD C THRASHER JANELLE & MICHAEL SHIELDS LINDA K THRASHER 364 WEST LAKE ST 356 WESTLAKE ST ORONO MN 55356 LONG LAKE MN 55356 38 05-117-23 23 0022 38 05-117-23 23 0044 ROBERT D ERICKSON R013ERT D ERICKSON 2435 WAYZATA BLVD W 372 WESTLAKE ST LONG LAKE MN 55356 ORONO MN 55356 38 05-117-23 23 0023 38 05-117-23 32 0001 ROBERT D ERICKSON EDWIN C GAGE III 2435 WAYZATA BLVD W 301 CARLSON PKWY #275 LONG LAKE MN 55356 MINNETONKA MN 55305 38 05-117-23 23 0024 38 05-117-23 32 0002 ROBERT D ERICKSON EDWIN C & BARBARA C GAGE 2435 WAYZATA BLVD W 460 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 23 0025 EDWIN C GAGE III 301 CARLSON PKWY #275 MINNETONKA MN 55305 RECEIVED 38 05-117-23 23 0026 AUG 03 2016 EDWIN C GAGE Ill 301 CARLSOMINNETONKA MN 305 'i 3848 MINNETONKA MN 55305 �ll�'#r CCTY OF ORONO T,,11a6p3 do ® -dad esodxa waded pool 00945 aleidwal gAjeAV ash ru0965 A"3Ab � i as ou-y ue8 Guo a i 1 p , xlaqirl ®IQ A5@3 Hennepin County Loofa Provided By: Resident and Real Estate Services - . -Item #02 -PC Agenda - 08/15/2016 rte #16-3848 [Total Pages 2 EXhibitl !DI$' P Date: 6123/2016 06-117-23-11 05-117-23-22 . A 05-117-23-21 06-117-23-14 05-117-23-23 .. H - 05-117-23-24 r F 0 - 5.117-23-24 06-117-23-14 - - ,h <06-117-23-411 e J Y 05- 7-23-32 05-117-23-31 flair Stam _ q n w � � M c K 05-117-23-32 05-117-23-31 06-117-23-41 057117-23-33 05-117-23-34 Buffer Size: 350 feet Map Comments: P10 051172323OD43 Owner J K SHIELDSAP F SHIELDS TRS Addrtar.s: 364 Mstlake SireeM Gtono MN x6356 RECEIVED AUG 0 3 2016 CITY OF ORONO 0 120 240 480 ft I i i I I r i r I For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us Date Application Received: 07/20/16 Date Application Considered as Complete: 08/01/16 60 -Day Review Period Expires: 09/30/16 REQUEST FOR COUNCIL ACTION Date: September 12, 2016 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis h'1GG Y"_4 Planning Title: Planner Item Description: #16-3853 - Matt & Jennifer Nyquist —1125 Pine View Drive —Easement Vacation (Partial) — Resolution Application Summary: In November 2013, a conservation and flowage easement (the "Easement") was granted in conjunction with the Pine View subdivision. The Easement exists over most of the western portion of the Nyquists' property. The Nyquists plan to install an in -ground swimming pool in their rear yard; a portion of the pool and pool deck would encroach into the Easement as it currently exists. The Nyquists have provided a grading plan for the pool which will change the drainage creating a swale around the pool to move stormwater to the stormwater pond on the property. Based on the planned improvements, regrading, and other factors, the existing easement is no longer necessary. The applicants wish to amend the easement to cover only the necessary drainage areas. Planning Commission Action: On August 15th the Planning Commission held a public hearing; there were no comments from the public. The Planning Commission voted 4 to 0 in favor of the partial vacation as proposed conditioned upon MCWD and the City Engineer's approval. The City Engineer and the MCWD have approved the revised swale location and easement. COUNCIL ACTION REQUESTED Council should adopt or amend the attached resolution vacating the conservation easement over 1125 Pine View Drive as indicated. List of Exhibits: Exhibit A. Easement Exhibit & Revised Grading Plan Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. Draft PC Minutes — 08/15/16 Exhibit E. PC SR Nyquist Vacation Exhibit F. PC Exhibits Ti n TI 0 102.11 J 345.39 S;6£9 3.�60,Z ac, s �_ •'�/� m I yy N Q f Zo- Q' Zr-m Tao 0 M� � o 2 1 Q CO ------- CD N 00°05'30" W 741.09 Y 9e 44s 03°14'01" W 97.95 M �,00,99.ZO N 64. y2 N _ py 1 N oz" p 0S34414 92 m C O CJ rA!! Imo,+.'•• _ T D Dff o` r D j m0 n O � `. 1 0 mz A 1� t)o Z W O W Z l) 0 z o 4 00 z n o O ` 3Q75 Tn 'Q ©U f L © T t'J uU`3 —�� ,. Qo0ap0 I pp \ I 1 o co w S`90 r --39.61 S 00°37'52" W �N — O.722 91.27 A 1� GL.n zan N 00°00'00" m m n v Z x T W Z m \ Drainage and IN V1 W I \ \ utilitiy easement I PROPOSED REGRADING .• ..• � � 625" ._...------ --- - ---...-. - -- -------- _. � �oN \ \ � " °336 � ......_ �U 2 \ \ // '� S� \ / / a� \ \ • Ste, �-� \ / 06 \ ( 16 E �z 79.26 k8 1 j5 ��' RCP O ° �. I I INV=996.77 °c�.o9�o°d �-ssoET'I NVR 94.40 /N693� 1 % \\3S WEST I _N�5°342 \ 7901 --� I7 --- � \. \S TWAT ELE�/A�TOIV�-ON- 3 15`_� \ CD \ \ovOsr o o ! W,4 c) 1 \ I\� II I rair�age- \ ON 12R ELEVATION 987.6 \ 1 (1000- -4004 - \I tilitasement 1 J!RtV�'Kr ( EDGE -OF W4TE RIP P 60.0 ' I� i o WATE101 'R976— t: / ( /135.00 Cil oo PROPOS D UR REINFORCE, \ \ // / •. / /g ax826 MAT AT E. 0. \ 9�� RCP IN � T 11Vit=983 6 15" RC INv/=998.92\ (1003.0) l \ -- — � OU LE STRUCTURE TOP%OF RATE -988.4 .������� / , o ROCK_0 ERFL�Cb'� 9.� / o o / ,,�o / 1 `a'' f�CP BOT OF GRZE 98 / r, ° / — — — / / TO BER ev M / INV=999.58 6.5 12" RCP.IN�F---/ / / / V / 12" P- OUTLET �' ��' ' .22/ NVV9�'Z$ 38.99 / 9 / / / 15" RCP 60 20% INV 984.59 _ �ti �I�" W 123.1 / J / 12" RCP OUTLET AIRS o� // INV=1000.31 IDA& I INV=984.77 p%W�g � / e`�6^\ / / (1003.2) 0. Q 2\'il cl 1 / w` B A A D ,,, SCALE IN FEET ,.L „/ o \ Pf?o;,o / qy l 11 ms l / i PATI p oJ / PROPOSE / 0 N / / / p� / 15" RCP easement / I 2 POO O o �� / / / / / Drainage 98 - L N ti = o / tNV=1000.89 RESTORE ALL DISTURBED 4 45 ew F� `�� k AREAS IN BUFFER WITH � � 991.5 F�F� APPROVED BUFrER MIX I �•1 `'rs92a, / I 3 Pp� ° corroNw000 9 TW=993.0 R�DG _ 3 BW=990.7 d 4/ MANHOLES / / / / / ■ I >\ 988. 12 S CE MANHOL ®®®® PRO P // / / 12" S RUCE AND ELEO\ _ cn I S76CE " SPRUCE --•:-.- �� __— --994— o I / / / (1005.24) I / Lco' IDo 4X5X6" (lp 1 - EDGE OF DELINEATED WETLAND ---=•:.--, I // FR ,._ �l � // // /�' � � \�-Tom\--/ /l 4-\ BY S. E. R.A./ / // O�/ ---J / (1007.32) \ 1015" RCP/ Noe (223.20 _ — -. 15" RCP —_—__---- —`'`--_..—,__•__/ ,08��W935 .Vv INV=1008.12 J_S85037 6TH AVENUE No 0 30 3-L3O • t0 Lt) LA E W Z Ln w d" d' J Z W a. Q n W N — V o� _JQ LL O > Z TWO � J a�; CITY OF ORONO HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION VACATING A PORTION OF A PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT LOCATED ON 1125 PINE VIEW DRIVE, IN THE CITY OF ORONO WHEREAS, pursuant to Minnesota Statutes § 412.851 the Orono Planning Commission has conducted a hearing preceded by two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of a portion of the Grant of Permanent Flowage and Conservation Easement and restrictive Covenant for Wetland and Wetland Buffer (the "Conservation Easement') recorded with the Hennepin County Recorder on November 14, 2013, as Document No. A10028717 over property identified as 1125 Pine View Drive, PID 28-118-23-42-0007; and legally described as Lot 1, Block 1, Pine View (hereinafter "Subject Property"). WHEREAS, the Conservation Easement exists over most of the western portion of the Subject Property. The portion of the Conservation Easement described on Exhibit A and depicted on Exhibit B attached hereto affecting the Subject Property is no longer needed for public purpose. WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the Conservation Easement as it affects the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono: That portion of the above-described Conservation Easement as it affects the Subject Property is hereby vacated. 2. The Clerk shall forthwith transmit a certified duplicate of this Resolution to the County Auditor and County Recorder. ADOPTED, this day of 2016, by the City Council of the City of Orono, Minnesota. ATTEST Diane Tiegs, City Clerk 174951v1 CITY OF ORONO: Lili Tod McMillan, Mayor EXHIBIT A Proposed portion of drainage and utility easement in Lot 1, Block 1, PINE VIEW to be vacated That part of the eAsting drainage and utility easement in Lot 1, Block 1, PINE V!EW described as follows; Commencing at the Oortheast comer of said Lot 1; thence on an assumed bearing of West along the I�!orth line of said Lot 1 a distance of 60.00 feet; thence South 69 degrees 48 minutes 26 seconds West a distance of 104.61 feet; thence South 13 degrees 08 minutes 02 seconds West a distance of 29.23 feet; thence South 87 degrees 22 minutes 47 seconds West a distance of 38.99 feet to the point of beginning of the easement being vacated; thence South 5 degrees 09 minutes 21 seconds West a distance of 34.14 feat; thence South 34 degrees 37 minutes 27 seconds West a distance of 40.05 feet; thence South 54 degrees 08 minutes 14 seconds West a distance of 28.32 feet; thence north 14 degrees 02 minutes East a distance of 64.12 feet; thence Morth 44 degrees East a distance of 28.83 feet to a line drawn on an bearing of South 87 degrees 22 minutes 47 seconds West from the point of beginning; thence North 87 degrees 22 minutes 47 seconds East a distance of 13.22 feet to the point of beginning. 174951v1 N 00005`30" W 741.09 _ — S 345.39 faz k �r� o� js2_s �. rzf�t co 14 wag s CD R no C3 L '+O 71 I,�" r �� 0 ra I Resolution Exhibit B l �� fl 39.67 8 00'37'82" W l 9127 --n r► rn NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Matt & Jennifer Nyquist 1125 Pine View Dr Long Lake, MN 55356 TYPE OF REQUEST: Vacation DATE OF MEETING: 15 August 2016 ZONING FILE DATE OF NOTICE 16-3853 16 August 2016 COPIES Jennifer Nyquist via Mark Gronberg email: Lauren Sampedro, MCWD The Orono Planning Commission voted on a motion to recommend approval of the vacation as requested contingent upon City Engineer and MCWD approval. VOTE: 4 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, September 12" Revised easement description must be submitted at least one week prior (by September 2"d) and approved by the City's Engineer and the MCWD prior to placement on this Council agenda. This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. 4. #16-3853 MATT AND JENNIFER NYQUIST, 1125 PINE VIEW DRIVE, VACATION, 7:25 P.M. — 7:31 P.M. Jennifer Nyquist, Applicant, was present. Curtis stated in 2003, with the plat of Pine View, the City received a Grant of Permanent Flowage and Conservation Easement and restrictive Covenant for Wetland and Wetland Buffer over the property located at 1125 Pine View Drive. The applicants wish to install an in -ground swimming pool in the rear yard of their property. The grading plan for the pool improvement will change the drainage by creating a swale to move storm water to the storm water pond on the property. The area previously needed for the easement will change. As a result, the applicants wish to amend the easement to cover only the necessary drainage areas. Staff finds that there is limited to no public interest in maintaining the portion of the easement proposed to be vacated. Based on the planning improvements, re -grading, and other factors, the existing easement is no longer necessary. The Planning Commission should open the public hearing, consider comments from the public and, if comfortable, make a recommendation for approval vacating the portion of the easement over 1125 Pine View Drive as described in Exhibit C. The Planning Commission had no questions for staff. Jennifer Nyquist, Applicant, stated she would be able to answer any questions the Planning Commission may have. Chair Thiesse opened the public hearing at 7:28 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:28 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Schoenzeit asked whether the Planning Commission will need to see this again following review by the City Engineer and the Watershed District. Curtis stated any change that should occur would not be substantial and the Planning Commission should not have to see this application again. Thiesse asked if the City has dewatering ordinances in Orono and whether the applicants can install a pool in a low-lying area. Gaffron stated it is not technically a floodplain area and that there should not be anything that prevents it from being constructed. Curtis noted what is in the Commissioners' packets is not the final pool design. Schoenzeit moved, Leskinen seconded, to recommend approval of Application No. 16-3853, Matt and Jennifer Nyquist, 1125 Pine View Drive, granting of a vacation of the easement, subject to Staff recommendations and review by the City Engineer. VOTE: Ayes 4, Nays 0. Date Application Received: 07/20/16 Date Application Considered as Complete: 08/01/16 60 -Day Review Period Expires: 09/30/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WGG Date: 10 August 2016 Subject: #16-3853, Matt & Jennifer Nyquist, 1125 Pine View Drive Vacation Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey/Site Plan Exhibit C. Easement Exhibit —To Be Revised per Eng Comments Exhibit D. Aerial Photos Exhibit E. Neighbor Comments Exhibit F. Utility Letter & Comments Received Exhibit G. City Engineer Comment & Redlined Plan Exhibit H. Original Easement Doc No. A10028717 Exhibit 1. Property Owners List Exhibit Plat Map Background On November 14, 2013 pursuant to City Council Resolution 6328, the City received a Grant of Permanent Flowage and Conservation Easement and restrictive Covenant for Wetland and Wetland Buffer ("Easement"), recorded by Document No. A10028717, over property located at 1125 Pine View Drive. The applicants who are the property owners wish to install an in -ground swimming pool in the rear yard of their property. The grading plan for the pool improvement will change the drainage creating a swale to move stormwater to the stormwater pond on the property. The area previously needed for the easement will change. The applicants wish to amend the easement to cover only the necessary drainage areas. The Easement was granted in conjunction with the subdivision of the 2700 Sixth Avenue parcel. The Easement exists over most of the western portion of the current property at 1125 Pine View Drive (PID 28-118-23-42-0007). Once the applicants modify the drainage pattern on the property to accommodate the pool there is no longer public use of the property burdened by the portion of the Easement to be vacated. Staff finds that there is limited to no public interest in maintaining the portion of the Easement proposed to be vacated. Based on the planned improvements, regrading, and other factors, the existing easement is no longer necessary. Planning Staff Recommendation Planning Commission should open the public hearing, consider comments from the public and, if comfortable, make a recommendation for approval vacating the portion of the Easement over 1125 Pine View Drive as indicated and described in Exhibit C. City of Orono Land Use Permit Application Street Address. Application # Orono, Kelley Parkway Orono, MN 55356 Date Received: 0 2-0 j Main: 952-249-4600 Staff fax: 952-249-4616 Fee: ~a„ Mailing Address. Escrow # & $ P.O. Box 66 G� Crystal Bay, MN 55323-0066 Permit Fee SES HO�� Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: {V215 TIM% t" "DKZ_t 't f�ft APPLICANT 1 AGENT INFORMATION: Applicant Name: MkVT QtAt 'C" Phone (Primary): Ol 2- ES 1 - "-1 52 Applicant Email: i L . Address: ?F�L�E "�iLtV� _ City: Agent Name: Agent's phone number 0 ZIP: X356 Agent Email: - Applicant is: ContractorHomeowner (Circle One) PROPERTY OWNER INFORMATION: check here if properly owner is same as applicant Name: Phone (Primary): Mailing Address: City: ZIP: Email: APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. 0 Acknowledge the Escrow Agreement is completed and signed. The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicart/owner and advise the City Planner assigned to your project. Applicant/Agent Applicant/Agent Property Owner Property Owner Land Use Application - may zu7a Page 2 •7 I—t RECEIVED JUL 2 0 7016 3853 CITY OF ORONO Melanie Curtis From: Gmail Sent: Tuesday, July 26, 2016 12:53 PM To: Melanie Curtis Cc: David P. Martini Subject: Drainage easement vacation Hi Melanie, As part of the application process, I want to share our reason for vacating the drainage easement in our backyard. We have modified the drainage plan and therefore, the drainage easement is no longer necessary. Further, we would like to gain back the area within the drainage easement as usable yard. Thank you, Jennifer Nyquist Sent from my iPhone PINE VIEW u:toj:L4 -1 hill III III, A 30 •E All O� oc �d9 ti° �O`Od 'I Sod F�s111N N 120 \ Drainage and I \ \ utilitiy easement M ' ( /\ \ / -- N / 306 79.26 as A," RCP �� I I 24" RCP / / 3�'2 "� / /Q21NV=996.77 o��s 800o INV=994.40 AAA Ab \315 �--- WEST — 79.01 I / � .•'� I � �' 7499 / � I oI I WAT 984.8 A�O`N-ON-12-3\ \� \ I �\ � II I rainage—and \ \ CON ELEVATION \ �� 1 ' 31 15 WAS 987.6 (100.0)— -1.084.. — — — �I tilit asement !R!V��tK ( EDGE.OF WAT j RIP AP / _ 60.0 I\ �/ — \i \ 10 i o ` o DCE ( 1NIli ATE�Z 9�'fi 1 �" -. /�� / / /135.00 / o\ / I ' I / �� 6 AOA 6 � o PROPOSD UR Rf lNFORC \� \� _ ( .•" MAT AT E.O. -tN�f=983 0k T 15" RC 'OU ET S RUCTU IN /=998.9 TOP OF G ATE=988. ( / / I ' - j / / / \ / (1003.0) %BOT OM O GRATE= 8 7 -984 EM VE G ATE AND EP ACE ITH STORM 12" RCP OUTLET N OLE C VER ROCK -0 ERFL�1t' 9g' // N' o / ��°' �'' / / / 1.a-'f:CP INV=984.59 TO BE R12 REDR6K CID ' - — — — / / / v / INV=999.58 LREPLA OUTLET WIT �TCH BA .22/ NV -982 38.99_-2 7" W 123.19 / / 15" RCP _ 987.2 / 112" RCP OUTLET ARS I oo� / // / II�1V=1000.31 �984.59 IVV=984.77 ° I / ��996 / / / (1003.2) O C ifq l ° F / PROPOSED 40 L.F I� —I / sM " Q I ' o �� / 1 �R,� IA, -/10 SCALE IN FEET 12" RCP OUTLET / -- �A B vA�A D �, F/,tgy / / AND FLARED END /o`' /my / INV=984.2 j M h PROPOS Drainage easement °o PO E ~ � / RESTORE ALL DISTURBED O�-�e�w�� x O =� / AREAS IN BUFFER WITH I o F� F�. W = APPROVED BUFFER MIX I I o 2" P12" COTT aoo' 9 I I N it I BLDG ONWOOD �MANHOLES / I I 5 ® / I / 12" S RUC 12" S7PR CE MANHOLE E AND ELEC-- RUCE CE 5 ,------------- - / — /I 1 �Q0� 15" RCP / / INV=1000.89 (1 04) / 4 (1005.24) -996 CIV -_-... EDGE OF DELINEATED WETLAND - / e�F R IVI / / /� \ #-ASH- 4- BY S. E. R. — — — — — — — — — — — — — — — — — — — �� I ----� // (1007.32) \\ <11 15" RCP b— 09.9 (223.20 _ _ _ _ - - ---------� 11 W 935-88 -� 85037108 S 6TH AVENUE a -zoo • cr) to to ZZ "" d. J Z � W °' Z W cv V�CN Z :n /I _ I I Q>cao J V. O°z Z. TWO � J .:_�-'2 a�,� /I W odawv J � M W W O Z J O) .. ZZ O=z •z O 0 v ,d G. w Z z W Y w r j M o t!! _ T ¢ 11 Z o N V- OV) ti- mWO 15" RCP INV=1008.12 ME R. W F- I 0 w / I / V�CN Z :n /I _ I I Q>cao J w I / I Z. .:_�-'2 /I cu E-5 I / U O C-., . 10 ICU 0 w Z z W Y (D 15" RCP INV=1008.12 ME R. W F- LU _ _ o 1tlawL.o_ LZ -G6 I P.- wa LL I � ZL'09 --_-----�—L LU 1 M k�ZS,LS°oa s 1 C%4 w �e Z o -- / ------------------ a; / ------------ f ------ -- Cd i / ��e Go SRE T1s 129.00 _JuaLuelsea a•6eure�Q 470h•S�H 1� / � LO 1 \ 1 a 1a 3 �I u� In LU (.) / V5 XD CL coo z 70 I e o \\ \\ I �2� \ \ 4 00 00 NL) O�i\ \ \J�\ 1 \\ /\/ \ 4 NI lip iz,60°SO mo LU ¢ \ e \ I CF)b� Q o O 6 ° ° co rnw \ 00 ��'' '� 1 m \ C) 1 U)CF> 1 1 I X M c LCA "00008 ala<<s \ 00 _ N \ � — —� 40,00o,zs \i\ {� M„Ga'tiG°E ��-m z CD LU OX ❑Lli \ T_N11 arQz�z���' - o co w o �\ LUXE ❑ i 1 i z � w 7 7-19-16 Proposed portion of drainage and utility easement in Lot 1, Block 1, PINE VIEW to be vacated That part of the existing drainage and utility easement in Lot 1, Block 1, PINE VIEW described as follows: Commencing at the Northeast corner of said Lot 1; thence on an assumed bearing of West along the North line of said Lot 1 a distance of 60.00 feet; thence South 69 degrees 48 minutes 26 seconds West a distance of 104.61 feet; thence South 13 degrees 08 minutes 02 seconds West a distance of 29.23 feet; thence South 87 degrees 22 minutes 47 seconds West a distance of 38.99 feet to the point of beginning of the easement being vacated; thence South 5 degrees 09 minutes 21 seconds West a distance of 34.14 feet; thence South 34 degrees 37 minutes 27 seconds West a distance of 40.05 feet; thence South 54 degrees 08 minutes 14 seconds West a distance of 37.91 feet; thence North 17 degrees East a distance of 28.00 feet; thence North 8 degrees East a distance of 30.00 feet; thence North 44 degrees East a distance of 44.60 feet to a line drawn on an bearing of South 87 degrees 22 minutes 47 seconds West from the point of beginning; thence North 87 degrees 22 minutes 47 seconds East a distance of 13.22 feet to the point of beginning. PINE VIEW EASEMENT VACATION EXHIBIT I If sa North line of Lot 1. Bkcck 1, 18 f FAZENBIN FOREST S 89°32'45" E 931.06 / 589 U8 35000 I N` s ,�1 Edge. owe; i&nd -- - 415 it of Lori. Block' I 1 1 FAZENDIN FOREST I rr 11 n �II Drainage and uti!F! y easement e n 2 o q�c3\— VNfryry� :l`L p P�370 00�5-`�Ef/ w.s= N90'00'40"+N 657.34 utili(y mserwn,., .' -',:'- Ziso©z aoaG i • a c! e $ �� m -.-...._�� l L 625 F25 ft a(LIfL of1 Block — FAZENDIN FOREST —�nf Y_ f- °%�z$ rte¢ 2aa�g3 _ r 5.88 85,37106' 9 i S :y • r r 0 60 120 240 nraineae enc 110h:c M—n tho-'s •Denotes iron monumeni found o Deno fes,ror monument se?marked by 1 f!riinn Lic No 1275:.= Foy, purposes 611111111118Y. Ifte North fan. of Lot i St..f FAZENDIN FOREST has an SCALE IN FEET a o assumed bearing of S 89'32x95" E Being 3+eP'. In w9d'h. bean!7 eh-' otherwise irulicarvC aCinin r., lana [� 1 i iee' it n!h dioininG s - ad7h! nywar i!nes iani2ss ::thr-rwtr on the PU 1125 Pine View (2011 pre -development) '�r�- E 6th Avenue N (CR 6) during construction 2015 a �•r 2015 Facing east I C, &A Sr -Z 5 facing North Melanie Curtis From: Amanda Wiggins Sent: Thursday, July 21, 2016 7:55 PM To: Melanie Curtis Subject: Pine View Easement F i Melanie, We prove vacating the drainage easement per this from the Nyyuists: It only affects our backyard not even the retention pond. New grading is instead of us having a berm in our backyard, we are allowed to flatten it. It is protocol to ask beighbors even tjough this application will not affect you or anything association owned. Thanks Wiggins Family Sent from my iPad 28 July 2016 Steve Guhanick CenterPoint Energy Minnesota Gas PO Box 1165 Minneapolis, MN 55440-1165 CITY OF ORONO Street Address: Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us RE: Proposed Vacation The City will be contemplating vacation of a drainage and utility easement adjacent to the existing wetland and stormwater pond on the property addressed 1125 Pine View Drive and legally described as Lot 1, Block 1, Pine View (PID: 28-118-23-42-0007). The portion of the easement to be vacated is described as follows: That part of the existing drainage and utility easement in Lot 1, Block 1, PINE VIEW described as follows: Commencing at the Northeast comer of said Lot 1; thence on an assumed bearing Of West along the North line of said Lot 1 a distance of 60.00 feet, thence South 69 degrees 48 minutes 26 seconds West a distance of 104.61 feet; thence South 13 degrees 08 minutes 02 seconds West a distance of 29.23 feet; thence South 87 degrees 22 minutes 47 seconds West a distance of 38.99 feet to the point of beginning of the easement being vacated; thence South 5 degrees 09 minutes 21 seconds West a distance of 34.14 feet; thence South 34 degrees 37 minutes 27 seconds West a distance of 40.05 feet; thence South 54 degrees 08 minutes 14 seconds West a distance of 37.91 feet; thence North 17 degrees East a distance of 28.00 feet thence North 8 degrees East a distance of 30.00 feet; thence North 44 degrees East a distance of 44.60 feet to a line drawn on an bearing of South 87 degrees 22 minutes 47 seconds West from the point of beginning; thence North 87 degrees 22 minutes 47 seconds East a distanc a of 13.22 feet to the point of beginning. We are not aware of any utilities located within the easement. Enclosed is a drawing identifying the portion of the easement to be vacated. Please advise whether you have any objections to vacation of the portion of the easement in the area shown on the attached. The Orono Planning Commission will hold a public hearing regarding this matter on Monday, August 15th at 6:30 pm. Receipt of your comments by or before Wednesday, August 10th would be appreciated. Please contact me at mcurtis ci.orono.mmus or 952.249.4627 if you have any questions. Thank you for your input. Sincerely, CITY OF ORONO AftIti lu/h3luv - Melanie Curtis Planner encl c via email 7-19-16 Proposed portion of drainage and utility easement in Lot 1, Block 1, PINE VIEW to be vacated That part of the existing drainage and utility easement in Lot 1, Block 1, PINE VIEW described as follows: Commencing at the Northeast comer of said Lot 1; thence on an assumed bearing of West along the North line of said Lot 1 a distance of 60.00 feet; thence South 69 degrees 48 minutes 26 seconds West a distance of 104.61 feet; thence South 13 degrees 08 minutes 02 seconds West a distance of 29.23 feet; thence South 87 degrees 22 minutes 47 seconds West a distance of 38.99 feet to the point of beginning of the easement being vacated; thence South 5 degrees 09 minutes 21 seconds West a distance of 34.14 feet; thence South 34 degrees 37 minutes 27 seconds West a distance of 40.05 feet; thence South 54 degrees 08 minutes 14 seconds West a distance of 37.91 feet; thence North 17 degrees East a distance of 28.00 feet; thence North 8 degrees East a distance of 30.00 feet; thence North 44 degrees East a distance of 44.60 feet to a line drawn on an bearing of South 87 degrees 22 minutes 47 seconds West from the point of beginning; thence North 87 degrees 22 minutes 47 seconds East a distance of 13.22 feet to the point of beginning. PINE VIEW EASEMENT VACATION EXHIBIT Norlh firle & LW. 1 Black 1 w'- FkZENrIN FCREST F OB S 59"3745r e31 Easlonc allTem PAZENON FOREST d .7. hl OU f # - k z 4 z co . . . . . . . . . . . . . . . . . . % 0 60 120 240 SCALE IN FEET Melanie Curds From: Lawler, Sean W <Sean.W.Lawler@xcelenergy.com> Sent: Friday, July 29, 2016 11:48 AM To: Christine Mattson Cc: Melanie Curtis Subject: RE: Proposed Vacation Request in Orono Xcel has no comments on this easement vacation. Thanks, Xcel Energy I Responsible By Nature 414 Nicollet Mall, Minneapolis, MN 55401 F: 612.330.1956 r;:320.247.0309 F__: sea-i.wf. awierP-xceieneray.com From: Christine Mattson[mal Ito: CMattson@ci.orono.mn.us] Sent: Thursday, July 28, 2016 4:51 PM To: Lawler, Sean W Cc: Melanie Curtis Subject: Proposed Vacation Request in Orono 1,C"I1JL EIWIER Y SECURITY NOT ICI'-, : This -,mail originated from an external sender. Exercise cawdon before elieking on any li_ ks or attachments and consider whether you know thy sender. For more information please visit the FHishing page on XpressNET. Hello, Attached is a copy of the letter being mailed tomorrow. Please don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway ! Orono ; MN . 55356 (physical address) PO Box 66 ; Crystal Bay ; MN 155323-0066 (mailing address) 12 952.249.4620 g 952.249.4616 ® cmattson@ci.orono.mn.us ! www.ci.orono.mn.us Summer Office Hours: (Monday, May 23 through Friday, September 2, 2026) Monday -Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: � Monday, September 5, 2016 Melanie Curtis From: Rashad, Methuria L<Methuria.L.Rash ad@centurylink.com> Sent: Friday, July 29, 2016 8:36 AM To: Christine Mattson; Niess, Shawn Cc: Melanie Curtis; Pietlukiewicz, Michael Subject: RE: Proposed Vacation request in Orono Good morning Christine, our team will take a look at this and let you know. Michael Pietlukiewicz is your primary contact for this particular requests. New requests in the coming years should be sent to me. 119 - ti Supervisor, Network Real .Estate, Midwest Region Construction Services/ Global Operations C"eni;ury ,a -. Voice: 651-312-5503 1 Cell: 913-302-0047 1 Fax: 720-264-8081 email: methuria.l.rashad@centurytink.com MNQ0120300-Fl 1.08 2800 N. Wayzata Blvd Minneapolis, MN 55405 From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Thursday, July 28, 2016 4:44 PM To: Gacke, Bill; Niess, Shawn Cc: Melanie Curtis Subject: Proposed Vacation request in Orono Hello, Attached is a copy of a letter being mailed tomorrow. Please don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway I Orono I PO Box 66 ' Crystal Bay ; MN MN = 55356 (physical address) 55323-0066 (mailing address) %t 952.249.4620 i 8 952.249.4616 ® cmattson@ci.orono.mn.us 1 -12� www.ci.orono.mn.us Summer Office Hours: (Monday, May 23 through Friday, September 2, 2016) Monday - Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL 8E CLOSED: Monday, September 5, 2016 Melanie Curtis From: Guhanick, Steve H.<steve.guhanick@centerpointenergy.com> Sent: Thursday, July 28, 2016 8:43 PM To: Yang, Eric X Cc: Melanie Curtis Subject: Re: Proposed Vacation Request in Orono Here is another one Not my territory Sent from my Whone On Jul 28, 2016, at 4:13 PM, Christine Mattson <CMat-son@ci.orono.mn.us> wrote: Hello, Attached is a copy of a letter being mailed tomorrow. Please don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway I Orono MN 55356 (physical address) PO Box 66 ; Crystal Bay ; MN 55323-0066 (mailing address) It 952.249.4620 ; 8 952.249.4616 ® cmattson(&ci.orono.mn.us ; -1� www.ci.orono.mn.us Summer Office Hours: (Monday, May 23 through Friday, September 2, 2016) Monday - Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED; Monday, September 5, 2016 ***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious about clicking links or opening attachments from unknown sources. ***** 1 Melanie Curtis From: Christensen, Daniel G<daniel.christensen@centerpointenergy.com> Sent: Friday, July 29, 2016 6:51 AM To: Christine Mattson; Guhanick, Steve H. Cc: Melanie Curtis; Yang, Eric X Subject: RE: Proposed Vacation Request in Orono Christine, Please update your information to include myse1 as the CenterPoint Energy contact for Orono. Steve no longer has responsibility in the Orono area. My contact information is below and the address is the same as the one you have for Steve. Let me know if you have any questions. Thank you, Dan Daniel G. Christensen, P.E. Gas Engineer III CenterPoint Energy (612) 321-5072 Daniel.Christensen@CenterPointEnerev.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Thursday, July 28, 2016 4:13 PM To: Guhanick, Steve H. Cc: Melanie Curtis Subject: Proposed Vacation Request in Orono Hello, Attached is a copy of a letter being mailed tomorrow. Please don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono MN 155356 (physical address) PO Box 66 1 Crystal Bay ; MN 55323-0066 (mailing address) 2 952.249.4620 g 952.249.4616 ® cmattson@ci.orono.mn.us ; www.ci.orono.mn.us Summer Office Hours: (Monday, May 23 through Friday, September 2, 2016) Monday - Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, September 5, 2016 1 Melanie Curtis From: David Martini <davidma@boiton-menk.com> Sent: Tuesday, August 09, 2016 9:56 AM To: Melanie Curtis Subject: FW: Scanned document from bobbe Attachments: PineviewEsmt_BMi redline.pdf Melanie, We are fine with the vacation but the easement should be modified to cover the swale on the west side of the pool. See attached. Let me know if you have questions. Thanks. O"a id P. _A?±ar1:im, F.E. ?: (952) 448-8838 ext. 2,'-:-58 Al: (612) 7564315 email: droyidrr.z@r-olton-menl:.co.n From: Robert Bean Sent: Tuesday, August 9, 2016 9:55 AM To: David Martini <davidma@bolton-menk.com> Subject: FW: Scanned document from bobbe Dave, As discussed, the easement vacation should be revised to still provide easement over the swale cn the wast s?de o. the pool. Thanks, n.- _ .._. P:(952) 448-8838, e,:t 2892 :=:(952) 448-8805 email: bobbe@bolton-menk.com From: Robert Bean Sent: Tuesday, August 09, 2016 9:51 AM To: Robert Bean <bobbe@bolton-men::.com> Subject: Scanned document from bobbe This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http:llwww.symanteccloud.com 1 l I `v l I l 2 IX8.26 o s �1 O 80 °00'Oo WEST 79-01 ( 1 ,'ZA 111.1. ---�`�- X75°34 WAT i`VAi�3N {fV \ ��-- \ \ Sp, o ( W; 984.$ \ \.�`\ � \ \ 70. \ _ jl ray r� \ \ ` WATER(ELEVATION % tlfr 1 I ON 12-315 WAS 987.8 i OaseMe 1•. z I 1 r 1 R CK ( EDGE -OF WATE RIP P N DC E C�F V11�ATE� � �" (.• ' I 0 ENFL W' 0o PROPOS D UR \ / —� 135.00 R INFOR r r \ M TAT EO1pA61 \'\ "RCP IN,kT •• \1 ' 4826' OU ET S RUCTU – 3-0 4 TOPI OF G ATE=988, j\ f' J 'BOT OM O GRATE= 8 .7 EM VE G ATE AND EP CE ITH STORIIIQI 12" RCP OUTLET N OLE C VER / INV=984.59 CATCH SA REPLOUTLET WIT s.5 .._ TO BE R12 RCP INI F.,""j � N �o RIM=987.2 22/VV982;5 3$.9co— /� W 123.19 rl 12" RCP OUTLET ---------- J, / I V=984.77 "'"S oo� PROPOSED 44 L.F 12 RCP OUTLETSSM AND FLARED END B VA�AEO INV=984.2 ..-� / 987.5 -•/f-• � / JW. `+7�,QC' K POS ROP RESTORE ALL DISTURBED L O " � pZ AREAS fN BUFFER WITH f `" 00L APPROVED BUFFER MIX / ' 0) w" ! I r 6f, 0 , 1" S O z 12"COTTON W D �ssOSJ / ��,�� O -,0000 ®NHOL 12" LICE 12" S%nuCE 989.0 MANHOLE ®0 ® / 99-2 AND ELEC�'• .. --- , ✓ / 989.5 / `a / / / / /+I / 8. SCE 5 ,SPRUCE �s f / co 4X5X6"ly / (10 (� -leg)/ Nov -19, 2013 10:04AM Land Tltle, Inc. No. 8081 P 32 Doc No A10028717 Certified, filed and/or recorded on Nov 18, 2013 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 89 PkgID 1054556C Doc Name: Easement This cover sheet is now a permanent part of the recorded document. Document Recording Fee $46.00 P Attested Copy or Duplicate $2.00 Original Document Total $48.00 =1. ; rfi, i d;. N1 d h I R�YrW r 4�v1 1. 1N.n � II e d �kW—1 This cover sheet is now a permanent part of the recorded document. Nov 19. 2013 10:05RM Land TltIe, Inc, No. 8081 P. 33 (rasarved for reaordin,¢ information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER AGREEMENT (the "Agreement") made effective this 14th day of November, 2013, by STEPHENSON HOLDINGS, INC., a Minnesota corporation ("Grantor"), in favor of the CITY OF ORONO, a Minnesota municipal corporation ("City") and the M MHAHA CREEK WATERSHED DISTRICT, a special purpose local unit of government with purposes and powers pursuant to Mivaesota Statutes Chapters 10313 and 103D ("MCWD"). WITNESSETH: The Grantor, in consideration of good and valuable consideration from the City and the MCWD, including issuance of MCWD Permit 413-375, the receipt and suifrcieucy of which is hereby acknowledged, hereby creates and grants unto the City and the MCWD a permanent easement as described herein for wetland flowage, conservation and buffer purposes over, under, on and across the following land within the City of Orono, County of Hennepin, State of Minnesota which is legally described on Exhibit "A" attached hereto (the "Easement Premises"). The Grantor, its successors and assigns, hereby covenants and agrees as follows: 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City and the MCWD: A. Constructinb, installing, or maintaining anything, including buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: I) feeders, bird houses, and other devices intended to foster wildlife are permitted; and 2) creation and maintenance of non -hardcover trail or walking paths of no more than four (4) feet in width are permitted. 172029v5(v6) Nov. 19. 2013 10A50 Laiid Title, Iii c. No. 8081 P. 34 13. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by the MCWD and except by special permit for maintenance; as a part of an approved vegetation management plan; and, to maintain, repair and reconstruct any stormwatcr ponds and facilities within the Easement Premises. Grantor may remove brush, diseased or dead trees of any size, buckthom and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredaing, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. Free roaming of domestic animals (i.e. horses, sheep, chickens, etc.) E. The deposit of waste, yard waste, or debris. E. Activity detrimental to the screening of the neighboring properties. G. Application of fertilizers, whether natural or chemical. H. Application of chemicals for the destruction or retardation of vegetation T. The application of herbicides, pesticides, and insecticides, except for uoxious weed control by or as directed by a governmental agency and applied in accordance with Minnesota Depa=ent of Agricultural rules and guidelines. J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. Establishment and Maintenance of a Wetland Buffer. Monument(s). The east fifty (50) feet of the Easement Premises shall also include and be established as an "acceptable buffer area" as described within City Ordinances, and shall thereafter be maintained by Grantor in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wedand. The "acceptable buffer area" restrictions shall control with respect to any conflict with the Prohibited and Permitted Uses in Section l above. Within the "acceptable buffer area", Grantor shall maintain permanent wetland buffer monuments in the locations as depicted in Attachment A, attached hereto and made a part hereof by this reference. language shall indicate the purpose of the buffer, restrictions, and the name and phone number of the MCWD. 3. Stormwater Retention and Treatment Basin(s). Stormwater retention and treatment basins within the ,Easement Premises as depicted in Attachment A must be inspected at t72o2M(vs) Nov. 19, 2013 10:05AM Land Title, Inc. No 8081 P. 35 least once per year to determine if the basin's retention and treatment cbaracteristics are adequate and continue to perform per design. Culverts and outfall structures must be inspected at least annually and kept clear of any obstructions or sediment accumulation. Sediment accumulation must be measured by a method accurate to within one vertical foot A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be restored to its original design, contours and vegetation in disturbed areas restored within one (1) year of the inspection date. 4. Rain¢ardens. Infiltration and Filtration Basins. Raiggardens, infiltration basins and Filtration basins as depicted in Attachment A must be inspected once per year to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. 5. Rights of the City and the MCWD, Grantor, its successors and assigns, further grants to the City (with respect to A and B below) and the MCWD (with respect to B below) the affirmative right, but not the obligation, to do the following on the Easement Premises: A. Preserve, improve, and enbance the slope, trees, vegetation, and natural habitat by altoriu,clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Easement Premises at any time to enforce compliance with the terms of this Agreement. 6. Reservation of Rights of Grantor. Grantor reserves for itself and for its successors and assigns and its invitees, the right to enter upon the Easement Premises and to do and perform on the Easement Premises such acts as are not inconsistent with the easement rights granted to the City and the MCWD herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation oonsistent with a conservation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. $. Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the City and the MCWD and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Agreement. 9. No Implied Easement. None of the Easement Premises shall being implied to include the drainage and utility easements as dedicated on the plat of Pine View, Hennepin County, 172029v5(v6) Nov. 19. 2013 10:05AM Land Title, Inc No. 8087 P, 36 Minnesota (the "Plat"), The Easement Premises shall only include the area depicted on the Plat as the "Drainage Easement." 10, Reporting. Grantor shall submit to the MCIM annually a brief written report that describes stormwater facility maintenance activities performed under this Agreement, including dates, locations of inspections and the maintenance activities performed. 11. Violation. Grantor (while it owns the Easement Premises) and thereafter its successors and assigns in fee ownership of the Easement Premises are liable to the City and the MCAD for performance under this Agreement, and the City and the MM may seek any remedy in law or equity against the Grantor (while it owns the Easement Premises) and thereafter against its successors and assigns in flee ownership of the Easement Premises, to enforce this Agreement. 12. Amendment, This Agreement may be amended only by an instrument sued by the City, the MCWD and the Grantor, or its respective successors and assigns in interest to the Easement Premises, IN WITNESS VMREOF, the Grantor hereto has executed this Agreement effective as of the day and year set forth above. GRANTOR: STlEPHENSON HOLDINGS, INC. By � _ Revis Stephenson III, Its CEO nzossVs(vb) No v. 19, 2013 10:05NM Land Title, Inc. No. 8081 P. 31 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was aclmowledged before me this 14th day of November, 2013, by Revis Stephenson III, the Chief Executive Officer of Stephenson holdings, Inc., s Minnesota corporation, on behalf of the corporation. ----------- imp INSTRUMENT WAS DRAFTED BY- CAMPBELL KNUTSON Professional Association 317 Eagandale Offloo Center 1380 Corporate Center Curve Eagan,' Minnesota 55121 Telephone: 612 452.5000 SMM cjh 172029v5(v6) M�41iM V'=ffl" Nov, 19, 2013 10:05AM Land Title, Inc. No, 8081 P. 38 EXMXT "A" TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER A permanent easement for wetland flowage, conservation and buffer purposes over, under and across those parts of Jots 1 and 2, Block 1, Pine View, designated as the "Drainage Easement' on the plat of Pine View, Hennepin County, Minnesota. 172029v5(Ya) Nov, 19. 2013 10:05AM Laud T l t I e I Inc. No. 8081 P. 39 Nov, 19 2013 10:05AM Land Tltle, Inc, MORTGAGE HOLDER CONSENT TO EASEMENT No, 8081 P. 40 CENTRAL BANK, a Minnesota Bank Insurance corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlaud and Wetland Buffer, which mortgage is dated September 20, 2013 and recorded September 24, 2013, as document number A10009583 with the office of the County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, does bereby join in, consents and is subject to the above referenced easement document. Dated effective this 14th day of November, 2013. CENTRAL BANK By g2r �.+gN5�ry6 txG�4f% Its: STATE OF MD4NESOT.A. ) )ss. COUNTY OF BENNEPIN ) The foregoing instnument was acknowledged before me this 14th day of November, 2013, by LZ 14cJt e k roe k— the 'e7 -Eos' a coo of CENTRAL BAN11, a Minnesota Bank/insurance corporation, on its behalf. cLc_ct NOTARi PUBI �v� -r 1 � lair il� .riJr lire. DRAFTED BY: CAWBELL YMSON PWessional Assodadon 317 Eagaudale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452.5000 SND'Imo RUN DATE: 07/26/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 28-118-23 310001 STONEGATE FARM INC 2940 SIXTH AVE N ORONO MN 55356 STONEGATE FARM INC 6851 FLYING CLOUD DR EDEN PRAIRIE MN 55344 38 28-118-23 34 0003 SCHOOL DIST NO 278 795 OLD CRYSTAL BAY RD N ORONO MN 55356 ORONO IND SCHOOL DIST NO 278 1025 OLD CRYSTAL BAY RD LONG LAKE MN 55356 38 28-119-23 42 0003 THOMAS P CARROLL 2600 SIXTH AVE N ORONO MN 55356 THOMAS P CARROLL 2600 SIXTH AVE N LONG LAKE MN 55356 38 28-118-23 42 0004 CHAD B GROCHOWSKI ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 CHAD & ANN -MARIE GROCHOWSKI 1265 MAPLEWOOD DR MEDINA MN 55356 38 28-118-23 42 0007 M 1 NYQUIST & J L NYQUIST 1125 PINE VIEW DR ORONO MN 55356 MATTHEW JNYQUIST JENNIFER L NYQUIST 1125 PINE VIEW DR ORONO MN 55356 38 28-118-23 42 0008 M J VANYO & L 1 VANYO 1135 PINE VIEW DR ORONO MN 55356 MICHAEL J VANYO LORI 1 VANYO 6733 URBANDALE LAN MAPLE GROVE MN 55311 38 28-118-23 42 0009 DAVID & MEGAN WOHLWEND TRUST 1150 PINE VIEW DR ORONO MN 55356 DAVID L WOHLWEND MEGAN E WOHLWEND 4526 BLUEBELL TR S MEDINA MN 55340 38 28-118-23 42 0010 J WIGGINS & A WIGGINS 1100 PINE VIEW DR ORONO MN 55356 JASON & AMANDA WIGGINS 410 N 2ND ST #449 MINNEAPOLIS MN 55401 38 28-118-23 42 0011 STEPHENSON HOLDINGS INC ETAL 38 ADDRESS UNASSIGNED ORONO MN 00000 STEPHENSON HOLDINGS INC ATTN REVIS STEPHENSON 1850 FOX RIDGE RD ORONO MN 55356 38 28-118-23 43 0010 IND SCHOOL DIST NO 278 800 OLD CRYSTAL BAY RD N ORONO MN 55356 ORONO IND SCHOOL DIST NO 278 685 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 # 3853 RECEIVED AUa 0 12016 CITY OF ORONO Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. AU0 01 2016 3853 CITY OF ORONO s. Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 7126/2016 Buffer Size: 350 feet Map Comments: M J NYQUIST & J L NYQUIST 1125 Pine View Drive Orono, MN 55356 RECEIV9 AUO 012010 WY of OROMP 0 120 240 480 ft I i E i I i i i I For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us # 3853 REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"-4 Planning Title Community Development Director Item Description: #16-3856, Saryan Cuisine Development, LLC, o/b/o Paul Agre Company, 2380 Shadywood Road, Conditional Use Permit Application Summary The applicant is requesting a conditional use permit to operate a bakery cafe with integrated production kitchen at 2380 Shadywood Road. A similar use, coffee and bagel shop, is a conditional use in the B-5 zoning district. The proposed business meets the requirements imposed on coffee and bagel shops, including size, seating, and parking. Planning Commission Recommendation The Planning Commission reviewed the proposal at their meeting on August 15t". Minutes are attachec as Exhibit C. The Planning Commission discussed at length the restaurant versus coffee/ bagel business dynamic, ultimately recommending approval noting that coffee/ bagel is not defined, the criteria for coffee/ bagel is met, and the menu is not an ordinance established evaluating factor. Their approval included two conditions: outdoor seating would require a reduction in indoor seating, and liquor is not to be served. In both situations, these features would negate the designation of coffee/ bagel retail, requiring an ordinance amendment. Public Comment The public comment included some concern over parking. The site plan provided by the applicant shows 68 parking spaces. Based on parking requirements for 3,900 square feet of restaurant, 49 parking spaces are required. 18 parking spaces along the east property line are the subject of a parking and access easement with the neighbor to the east. Both parcels has rights to these spaces. The restaurant parking requirements are based on the public areas of the restaurant, other cities include the entire floor area, but have a lower parking to sq ft ratio. Though not supported by the ordinance, the use of the building for production bakery could generate additional parking demand. Applying a manufacturing designation to the production kitchen and backroom area would require 14 spaces (4 plus 1/ 800 square feet of a 8,000 sq ft space). The site provides adequate parking for both uses (14 spaces plus 49 spaces is 63, less than the 68 spaces provided). Both uses occur at different times. Planning Staff Recommendation Planning Staff recommends approval of the conditional use permit for a bakery cafe with integrated production kitchen with the condition that no liquor may be sold, the hours be restricted to no later than 10 pm, and any outdoor seating shall be approved by the City Council. Action Requested: Approve, by resolution the conditional use permit requested by Saryan Cuisine Development. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Proposed Plans & Elevations Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report Exhibit E. PC Exhibits A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR COFFEE BAGEL RETAIL STORE PURSUANT TO ORONO MUNICIPAL CODE SECTION 78-764 FILE NO. 16-3856 WHEREAS, Paul Agre Company (hereinafter the "Owner") is the owner of the property located at 2380 Shadywood Road within the City of Orono (hereinafter "City") and legally described as in Exhibit A, attached (hereinafter "the Property"); and WHEREAS, Saryan Cuisine Development, LLC (hereinafter the "Applicant') on behalf of the Owner has made an application to the City pursuant to Orono Municipal Code Section 78-764 for a conditional use permit (hereinafter the "CUP") to permit operation of a bakery cafe with integrated production kitchen as a coffee bagel retail facility (hereinafter the "Project'); WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 15, 2016 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File 16-3856. 2. The Property is located in the B-5 Limited Neighborhood Commercial Zoning District. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2016 and recommended conditional approval of the CUP based on the following findings: a. A coffee bagel retail store is a listed conditional use, but not defined, and contains 4 criteria that must be met when allowing goods to be consumed on premises. b. The proposed use meets those criteria: i. No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. Page 1 of 5 ii. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. iii. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. The site plan provided by the applicant shows 68 parking spaces. Based on parking requirements for 3,900 square feet of restaurant, 49 parking spaces are required. 18 parking spaces along the east property are line are the subject of a parking and access easement with the neighbor to the east. iv. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. c. The application was reviewed based on the plans attached as Exhibits B -D (hereinafter collectively the "Plans"): 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, comments by the Applicant, and comments from the public, as well as the effect of the proposed conditional use on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the project is consistent with the objectives of the B-5 zoning district in which the Property is located and with the comprehensive municipal plan and that the Building will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a approval pursuant to Orono Municipal Zoning Code Section 78-764 for a conditional use permit (hereinafter the "CUP") to permit operation of the coffee -bagel store, subject to the following conditions: 1. Council approval is based on the Plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B through D; Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 2. Not outdoor seating may be established without Council approval of a modification to this Conditional Use Permit resolution. 3. No liquor license may be issued for the premises. 4. Food service area shall not be open later than 10 pm. 5. All necessary City construction permits must be obtained prior to the commencement of construction. 6. The parking as provided on the site plan exceeds the requirements as required by ordinance. 7. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the project within one year of the date of the Council approval or the CUP will expire on that date (September 12, 2017). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12th day of September, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN Property Owner(s) Page 3 of 5 LLC its This instrument was acknowledged before me this day of , 2016 by , on behalf of Saryan Cuisine Development, Notary Public Page 4 of 5 Exhibit A Legal Description Parcel 1: Lots 19, Block 20, 21 and 22, Wiley's Navarre Addition, Lake Minnetonka, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Abstract Property. And Parcel 2: That part of Lot 5, Block 3, Townsite of Langdon Park described as follows: Beginning at the northeasterly corner of said Lot 5, thence Northwesterly along the Northerly line of said Lot 5 to the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road; thence Southeasterly along the Northeasterly line of said road to the Easterly line of said Lot 5; thence Northerly along the Easterly line of said Lot 5 to the point of beginning, Hennepin County, Minnesota. Torrens Property. And Parcel 3 Beginning at the most easterly corner of Lot 21, "Wiley's Navarre Addition, Lake Minnetonka"; thence southeasterly along the northeasterly line of said Lot 21 extended to a point 33.0 feet northwesterly from the northwesterly line of Outlot C, "Lafayette Ridge" as measured perpendicularly from said northwesterly line; thence southwesterly parallel to the northwesterly line of said Outlot C to the most northerly corner of Tract A, Registered Land Survey No. 1433; thence southwesterly to a point on the northwesterly line of said Tract a, 253.03 feet southwesterly of the most northerly corner of said Tract A; thence North 31 degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5 Block 3, "Townsite of Langdon Park"; thence northeasterly along the southeasterly line of said Lot 5, Block 3 to the most easterly corner of said Lot 5, Block 3; thence southeasterly along the southwesterly line of Lot 22 "Wiley's" Navarre Addition, Lake Minnetonka" to the most southerly point of said Lot 22; thence northeasterly along the southeasterly lines of Lots 22 and 21, "Wiley's Navarre Addition, Lake Minnetonka" to the point of beginning. Page 5 of 5 PROPOSED LEGAL DESCRIPTION: Parcel l: Lots 19, Block 20, 21 and 22, Wiley's Navarre Addition, Lake Minnetonka, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Abstract Property. And Parcel 2: That part of Lot 5, Block 3, Townsite of Langdon Park described as follows: Beginning at the northeasterly corner of said Lot 5, thence Northwesterly along the Northerly line of said Lot 5 to the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road; thence Southeasterly along the Northeasterly line of said road to the Easterly line of said Lot 5; thence Northerly along the Easterly line of said Lot 5 to the point of beginning, Hennepin County, Minnesota. Torrens Property. And Parcel 3 Beginning at the most easterly corner of Lot 21, "Wiley's Navarre Addition, Lake Minnetonka"; thence southeasterly along the northeasterly line of said Lot 21 extended to a point 33.0 feet northwesterly from the northwesterly line of Outlot C, "Lafayette Ridge" as measured perpendicularly from said northwesterly line; thence southwesterly parallel to the northwesterly line of said Outlot C to the most northerly corner of Tract A, Registered Land Survey No. 1433; thence southwesterly to a point on the northwesterly line of said Tract a, 253.03 feet southwesterly of the most northerly corner of said Tract A; thence North 31 degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5 Block 3, "Townsite of Langdon Park"; thence northeasterly along the southeasterly line of said Lot 5, Block 3 to the most easterly corner of said Lot 5, Block 3; thence southeasterly along the southwesterly line of Lot 22 "Wiley's Navarre Addition, Lake Minnetonka" to the most southerly point of said Lot 22; thence northeasterly along the southeasterly lines of Lots 22 and 21, "Wiley's Navarre Addition, Lake Minnetonka" to the point of beginning. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. While we show proposed parking spaces for this site, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes iron survey marker, set, unless otherwise noted. LEGEND i" = CATCH BASIN = FIRE HYDRANT 0 = POWER POLE MH = MANHOLE ® = TELEPHONE PED. 8 = ELEC. TRANSFORMER = WELL ® = GATE VALVE = LIGHT POLE -XX— = FENCE LINE —SS = SANITARY SEWER LINE —W—= WATER LINE — G = GAS LINE — ST = STORM DRAIN LINE — E = OVERHEAD UTILITY LINE a a a - CONCRETE SURFACE a DATE REVISION DESCRIPTION 9/8/16 SHOW A PROPOSED LEGAL DESCRIPTION DRAWING ORIENTATION & SCALE CLIENT NAME / JOB ADDRESS PA UL AGRE COMPANY 2380 SHADYWOOD ROAD ORONO, MN Advance Surveying & Engineering, Co. 5300 South Hwy. No 101 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE L S OF THE ISTA F MI NESOTA. Thomas M. Bloom # 42379 LICENSE NO. SEPTEMBER 1, 2016 DATE �a9 010,6/� oo, I - 'o \ / lb' DCA ry i 0 N 0/ J Q� a �hery NF or 9A oce Q) / ) a l Q) l i Q)co i ,r CbNZ Q) / ' 0 / Q/D �\���b * = These parking spaces are poorly marked and Eare our clients best guess as to quantity. DATE SURVEYED: AUGUST 31, 2016 DATE DRAFTED: SEPTEMBER 1, 2016 OLJCCT TITI r EXISTING CONDITIONS SURVEY DRAWING NUMBER 160832 TB REV 9-8 SHEET NO. S1 SHEET 1 OF 1 Council MINUTES OF THE Exhibit C ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. 5. #16-3856 SARYAN CRUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHAYWOOD ROAD, CONDITIONAL USE PERMIT, 7:31 P.M. — 8:38 P.M. Patrick Bernet, Saryan Cuisine Development, was present. Barnhart stated the applicants are requesting a conditional use permit to operate a production bakery, retail bakery outlet, a full menu caf6 and restaurant at 2380 Shadywood Road. A similar use, a coffee and bagel shop, is a conditional use in the B-5 zoning district. Saryan Cuisine operates three Patrick's Bakery Cafes in the metro area and proposes a fourth at this location. Patrick's Bakery Caf6 would offer breakfast, lunch, and dinner service in the 60 -seat dining room. Improvements to the site include both an internal remodel and external cosmetic changes to the building. The rear third of the building will house offices, ovens, cold storage and utility spaces associated with a commercial kitchen. The middle third will be the production kitchen which will prepare baked goods, pastries and the food for the caf6 and restaurant. The front of the building will house the dining and retail area. The existing front door vestibule will be used but the existing drive-through will not be used. Barnhart displayed some photographs depicting the exterior of the building and signage. Barnhart noted coffee and bagel retail are not defined in the zoning ordinance. It is felt this use is similar to Caribou or other coffee houses as well as Bruegger's bagel shops, all of which are open throughout the day and offer food for dine in. Restaurants are defined but are not permitted uses in the B-5 zoning district. The applicants are proposing a business that provides baked goods and drinks with an expanded menu throughout the day. They intend to apply for a liquor license to offer beer and wine to the lunch and dinner customers. By definition, businesses offering liquor are a Class II restaurant. Barnhart stated an ordinance amendment may be necessary for the City to be able to issue a liquor license. Page 1 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Barnhart noted restaurants are restricted to certain districts to alleviate potential impacts due to noise and traffic. The proposed use is not outside the norm. Staff would suggest a limitation on hours to alleviate potential noise concerns. Barnhart stated coffee and bagel retail are a conditional use permit in the B-5 zoning district subject to the following four conditions: No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. The applicant is proposing 32.7 percent of the building will be devoted to food/beverage retail uses. 2. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. The combined area of the food/beverage retail is 3,900 square feet. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. A restaurant requires one space per 80 square feet of public floor area or 49 spaces. The property provides 60 spaces, which exceeds the requirement. A portion of the parking area is subject to a cross parking easement with the property now occupied by Culver's. In practice, and based on observations, Culver's customers frequently use 10-12 spaces on the subject property. 4. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. The combined number of seats being proposed is 60. Barnhart stated based on those four conditions, the proposed use appears to meet the standards imposed on bagel and coffee stores. Barnhart displayed the interior floor plan for the building. Page 2 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. The proposed use as a bakery and coffee shop with an expanded food menu, while observing the constraints imposed on coffee/bagel shops, appears to be appropriate at the proposed location. Should the Planning Commission agree, Planning Staff would recommend approval of the proposed conditional use permit subject to the drive-through window not being used and the retail space not being open past the hour of 10 p.m. Thiesse stated he is having some difficulty understanding why a bagel shop would want a liquor license and that he is not sure why this would not be defined as a restaurant. Thiesse stated while it might be a good location for the proposed use, he would like to discuss whether it should be classified as a restaurant. Barnhart stated the applicants have requested a conditional use permit for a bagel/coffee facility, which is a unique use and is not defined in the City Code. Barnhart stated it might have been more appropriate to list this type of use as a small restaurant back in 1998 when the criteria were adopted. Schoenzeit noted the outdoor seating area and liquor license is not before the Planning Commission at this time. Schoenzeit stated if those items are included, it would be a Bruegger's plus -plus. Thiesse commented parking in Navarre is always difficult, which is also a concern. Schoenzeit asked if the parking easement is a mutual cross or one way. Barnhart indicated it is mutual. Schwingler stated in 1998, when this type of business came about, none of them really offered food besides pastries and they acted as more of a community gathering place. Schwingler stated businesses now are taking that concept forward and expanding the original goal. Barnhart noted the City has received a number of comments from residents, with 11 of them being in support and one opposed. Page 3 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Schwingler commented the building is also right on the bike trail and it would be a good asset to Navarre and the community if the site is developed. Thiesse stated he agrees with all that but he would like to call it what it really is. Terrill Fridley, Attorney -at -Law, stated he has reviewed the parking easement and it is a cross parking agreement. Fridley stated the agreement appears to allow parking for the southeast property on those roughly 18 to 19 stalls and also allows parking for this facility on a similar number of stalls directly south of that line. Fridley noted that area was all part of the Old Navarre Avenue that was eventually vacated. Fridley stated in their view there is plenty of parking given the different times of use for the businesses in the area. Bill Wilson, Realtor, stated they have gone through the Orono City Code and they feel this is a good approach. Wilson stated the reason they feel a conditional use permit would be good is because it is narrow in scope and that they are willing to take the Planning Commission's input and address any concerns they might have. Wilson noted they will also have the ability to add parking to the site since the drive-through lane will be vacated. Wilson stated in their view it is a complementary use to the area. Thiesse asked if they have any plans to ever use the drive-through. Wilson stated there are not. Wilson stated they are attempting to limit the impact to the surrounding homes and that there is really only one house nearby who is not opposed to the proposal. Wilson noted that resident did not oppose the previous application either. Schwingler asked if they will be running a catering outfit as well. Patrick Bernet, Applicant, indicated they would be producing and distributing baked goods out of this location. Schoenzeit asked if the plan is ADA compliant. Fridley stated it is and that the building is already sprinkled. Page 4 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Wilson indicated two ADA bathrooms will be constructed near the front and the two existing bathrooms will be for staff use. Bernet stated the bigger menu will only be offered from 5 p.m. to close and the rest of the day will be only as a cafe with a limited menu. Bernet noted approximately 2 to 5 percent of the business will be food sales. Wilson stated the gross food sales on their other stores are 2 to 3 percent of their total sales and that it is a nice amenity. Bernet stated the liquor sales would be very minimal and that they would just like to be able to offer it. Schoenzeit asked if they see it as a deal breaker if the liquor is not allowed. Bernet indicated it would not be at this time. Brad Haaf, stated he is one of the partners that owns the building and that Snyders moved out approximately seven years ago. Haaf indicated they have been aggressively marketing the site and there is not a lot of residential daytime population. Haaf commented this particular use will cater to the existing neighborhood. Chair Thiesse opened the public hearing at 7:52 p.m. Jim Anderst, 5230 County Road 151, Minnetrista, stated he does not believe anyone has taken into consideration how Orono has always been steadfast with their ordinances and how they do not change to adopt to a new business. In addition, nobody has taken into consideration the fact that it will be a production bakery. Anderst asked how many employees there will be and how many parking stalls will be needed for customers and the production employees. Anderst stated in his view there is not enough parking. Page 5 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Anderst stated no one has taken into consideration how many other coffee shops and bakeries there are in the area. Anderst stated he believes Orono needs to stick to more retail and services and not a production bakery. John O'Sullivan, noted he owns the adjacent property consisting of Culver's and the Holiday Station. O'Sullivan stated he did not want to come here to say anything negative since this property has been sitting vacant for seven years but that he does have two concerns about the proposal. O'Sullivan indicated when they co -developed the corner, they actually held a number of public meetings for the community to see what they would like to see in the old church property. An overwhelming number said they need a pharmacy in the area, which led to the development of the Snyder's building. The City approved the Snyder building due to the low density and the limited number of customers that would be there at one time. O'Sullivan indicated he seldom saw more than six to twelve parking stalls filled at one time but the traffic to the building was steady throughout the day. The City at that time was very concerned about the parking. O'Sullivan noted there are 20 stalls that they utilize and that they have an easement for the parking on their property as well as the other 20 stalls. O'Sullivan stated the gentleman indicated that they have the use of their parking as well, which he does not believe is correct. O'Sullivan stated that was never the intention of the agreement and that they have a lifetime easement over those 20 parking stalls. O'Sullivan stated that will need to be looked into and that it is his belief it is a one-way easement. O'Sullivan noted there is a Patrick's in Maple Grove and it is a full-service restaurant, not a coffee and bagel shop. O'Sullivan stated the City needs to be familiar with what the business really is. O'Sullivan indicated he is not worried about the competition since it might help his business and that Patrick's will not be competing with his menu items. O'Sullivan stated his second concern relates to the other couple of vacant lots that are not currently zoned for restaurants. O'Sullivan stated this site is not zoned for a restaurant but that it is zoned for a coffee/bagel shop, which is likely a very small percentage of the applicant's business. O'Sullivan stated he is worried other restaurants will want to come in if this application is approved. Page 6 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Patrick Bernet stated the concept they are proposing here is not what they have in Maple Grove. Bernet indicated this will not be a full-service restaurant but that there will be retail and a food counter. Bernet stated as it relates to the production portion, there will be five to seven people in the production area at one time. Bernet stated people will come up to the counter, the staff will give the person a number and then bring the food to the table. Leskinen asked if it would be that way as well in the evening or whether they would have wait staff. Bernet stated the full menu would only be offered from Thursday to Sunday, 5 p.m. to close, but that the retail space will be open as well during that time. Bernet indicated they will have wait staff on duty during that time. Schoenzeit asked what the proposed hours are. Bernet indicated they would be open from 7 a.m. to 10 p.m. in the summertime and 7 a.m. to 9 p.m. during the winter. Schoenzeit asked what time the bakery would be operating. Bernet indicated that would start early in the morning. Thiesse asked if the catering business would consist of a few panel trucks. Bernet stated the people will come to the store to pick up their orders. Chair Thiesse closed the public hearing at 8:03 p.m. Schwingler stated the City will need to find out more information about the parking easement. Gaffron indicated he does not have the cross parking agreement and that it will need to be researched. Fridley indicated he has the agreement. Barnhart stated it does appear there is a cross parking and access agreement through both properties. Page 7 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Thiesse asked if the production staff has to be included for parking purposes as well. Barnhart noted the production staff will be there during the late evening/early morning hours. Barnhart indicated the kitchen staff has been included in the calculation. Schoenzeit asked if the required parking number is based on the full 12,000 square feet of the building. Barnhart indicated it is based on the retail portion of the business and not the whole building. Barnhart stated parking is a challenge with the building and that the amount of seating allowed is based on the amount of parking that is available. Barnhart stated the window of appropriate uses for this building is relatively small. Fridley displayed the section of the agreement regarding the cross parking easement over the Voyageur property, which is known as the Culver property. Fridley pointed out the agreement grants a permanent nonexclusive arrangement for driveway and parking use over and across the Voyageur easement area. Thiesse asked if the Voyageur easement parcel is only the Navarre Lane parcel. Fridley indicated it is a 33 -foot by 153 -foot strip of land along the property line. Thiesse stated it would be very close to covering those 19 stalls. Wilson stated the nature of the vacated roadway is it has to go to the mutual benefit of both parties. Gaffron stated it appears the Walfred easement and the Voyageur easement are two specific long, narrow areas, with one being on the Culver site and one being on the Snyder property. Gaffron stated if those specific areas can be identified on a map and they roughly provide equal parking, then it is purely a cross easement. Page 8 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Fridley stated the Voyageur strip is to the southeast and consists of 33 feet. Fridley stated there are essentially two 33 -foot wide strips of parking, one on each property, with a grass strip in between. Fridley indicated there is parking on both sides and that it is essentially a cross parking agreement. Thiesse stated if those other parking stalls are involved, then parking would be an issue. Barnhart stated portions of the former Snyder space are being used by Culver's, which is something the Planning Commission should recognize even if enough spaces were provided on the subject property. Staff will look into the parking on both sites and the agreement further but that it is his belief there is a cross parking easement in place. Schoenzeit stated to his recollection the City has never received 11 public comments in favor of a proposal before. Leskinen commented it is encouraging that there is so much support in the area for the proposal, which will need to be taken into consideration. Leskinen stated she is also struggling with whether it should be defined as a restaurant rather than a coffee/bagel shop but that it does have limited hours for the bigger menu. Thiesse asked whether the applicant could request a zoning change if the application is denied. Barnhart indicated he could. Schoenzeit stated in his view a liquor license would put it over the edge since typically bagel/coffee shops do not offer liquor, and if it is offered, that would cross that threshold. Schoenzeit stated currently they are proposing a limited menu, limited hours, and then the production facility. Schoenzeit noted Brueggers is making bagels at their facility and Starbucks at several locations have added beer and wine, which demonstrates the definition for a coffee/bagel shop is changing. Leskinen asked if there is any request for outdoor seating. Page 9 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Barnhart indicated there is not. Barnhart stated any request for outdoor seating would need to come back before the Planning Commission. Barnhart stated he would agree with Commissioner Schoenzeit that liquor would tip it over into the restaurant use. Barnhart stated in looking at the four criteria for a coffee/bagel shop, this application appears to meet the criteria, and is less intense than a full-service restaurant. Leskinen stated typically high-end restaurants typically do not include a retail store within it either. Leskinen noted there is nowhere in the Code that says the City can dictate the menu. Schwingler stated while one of the residents indicated he would like to see retail on this property, that is not what is before the Planning Commission. Schwingler stated based on what is in front of the Planning Commission, in his view this is a different attraction from Culvers, and that adding beer and wine to the menu would push it over into the definition of a restaurant. Schoenzeit stated it is a huge amenity to the area. Thiesse commented he is just having difficulty not calling it a restaurant and that in his view it is a restaurant. Leskinen commented it is also a store and a bakery. Schoenzeit stated the 12,000 square feet have been carefully carved out to meet the Code, with some of the uses being lower in intensity. Leskinen stated the limited full-service menu hours helps to convince her that it should not be defined as a full-service restaurant and that she is encouraged there is such overwhelming support from the neighborhood. Schoenzeit noted some of the other businesses in the area have benefitted from the city parking lot and that there is some quid pro quo on counting some of the parking. Schwingler stated he is looking at the four points in front of the Planning Commission. Page 10 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Thiesse stated meeting those criteria does not necessarily make it a bagel shop. Thiesse asked why this cannot be considered a restaurant based on those same criteria. Schoenzeit stated the applicant is proposing other elements within the building, with the restaurant being a subset of that, and they will not have liquor. Schoenzeit stated in his view this is a compromise that the applicant is proposing. Schwingler stated with the production facility and retail, he does not see it as a full-service restaurant. Barnhart noted coffee and bagels are food products, which are found to be appropriate in a B-5 district in 1998. There was also concern at that time about expansion of those uses to the detriment of the adjacent neighborhood, which is why those four criteria are included. Thiesse stated the Planning Commission has a menu in front of them that has an entree' selection that will compete with the Narrows. Barnhart stated the City does not play favorites when it comes to competition and that the impact to the neighborhood was the main concern. Schoenzeit stated it is the City's job to offer a level playing field and not help or hurt the competition. The benefit to the public is more choices and not less. Thiesse asked if he should not look at the menu that was provided. Schoenzeit stated the menu is not criteria that the code judges them on other than liquor. Thiesse stated in his opinion it should. Thiesse commented it cannot be called a bagel shop and then sell what they are proposing to sell. Wilson stated they are identifying a big issue in the way any business district is zoned and the uses as defined are very challenging. Wilson commented they are still wondering why this B zoning is next to a different B zoning and that they tried to work within the existing code. Wilson noted there is one Page 11 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. residential home adjacent to this property and that in some of the other B districts there is also residential adjoining the districts. Bernet stated they have been voted the best pastry shop/bakery for the past ten years and not one of the best restaurants. Bernet pointed out that 80 percent of their sales come from baked goods and that the restaurant portion is not even 20 percent of their entire sales. Bernet stated the location in Maple Grove is a different concept and that the restaurant is not a real strong talking point for them because they focus primarily on baked goods. Bernet noted they would be primarily serving quiche, bagels, and bakery goods. Bernet stated in their view it would be a good addition to the community and an attraction for families. Thiesse stated he agrees it would be a benefit to the City. Schoenzeit commented the City should do what they can to make it successful. Anderst asked whether it is a bagel/coffee shop and whether they will not be offering entrees. Schoenzeit stated the Planning Commission is not looking at the menu. Anderst stated a bagel/coffee shop is one thing and a full restaurant is another thing. Anderst stated the next thing they will be asking for will be a liquor license and outdoor seating. Anderst noted they have residents right across the street on the back side. Anderst indicated he looked at this property a while back but that he could not put a restaurant there but now today they are going to put a restaurant there. Anderst stated it does not make any difference if there is liquor there or not and that in his view the rules have changed. Thiesse commented the rules have not changed. Anderst stated the City shouldn't roll over because someone is having difficulty selling the building and that in his opinion the Planning Commission should table this until the parking is figured out and what actually is going in there. Page 12 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Schwingler stated it is a pastry shop/production facility/retail store, and that it fits the criteria of a bagel/coffee shop. Leskinen asked whether the restaurant Mr. Anderst was going to put there was going to take up less than 1/3 of the building, which is one of the criteria. Anderst noted the kitchen, bathrooms, and storage area is not included in that calculation, which would put it way over 50 percent of the building. Anderst stated they are saying they will occupy 3,900 square feet but the kitchen is in another area. Thiesse stated the definition is no more than 50 percent of floor area should be for retail use. The food area and beverage area may not be larger than 4,000 square feet. Thiesse noted the criteria on the overhead are the four criteria that were set up to review for this bagel/coffee shop and that the applicant is proposing something that fits within those four criteria. Schwingler stated the rules have not changed. Leskinen stated they are meeting the code and that the rules are not being changed. Anderst asked if the 4,000 square feet is just for sitting. Barnhart indicated that is the retail area. Anderst stated there is no kitchen or storage area included. Anderst asked if he has 60 seats in 4,000 square feet. Bernet indicated that includes the retail portion and that there is not 4,000 square feet of sitting area. Bernet noted it also includes display cases, sitting area and the restaurant. Anderst asked if they will be able to put in 100 seats later on. Page 13 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Schoenzeit stated it would not fit. Leskinen noted the maximum number of seats they can have is 60. Wilson stated it would be in violation of the conditional use permit and that they are doing what they are approved for, with 60 seats being the maximum Leskinen stated they are not changing the zoning. Anderst asked how it can be approved if they do not know about the parking. Thiesse indicated approval would be contingent upon the parking issue being addressed. Anderst stated they also have to take into consideration the employee parking. Schoenzeit stated they require 49 parking spots, which they have, and that they also have a cross parking easement. Anderst stated Culver's will lose 20 parking spots then. Thiesse commented the two properties will be sharing those parking spots and that the motion will require verification of parking. Brad Haaf asked if there is a municipal parking lot across the street. Schoenzeit commented it is but that this site must provide a minimum number of parking spots. Wilson stated the people who park in the municipal lot can be park -n -ride people, service industry people or customers. Wilson stated they should not speculate and make claims on who is parking there. Wilson noted it has not been policed for the past seven years. Wilson indicated he has observed the traffic in the area and that in his view this use will work nicely there. Wilson stated the parking will work itself out once the site is functional and that they want to be a good neighbor. Page 14 of 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Schoenzeit moved to recommend approval of Application No. 16-3856, Saryan Cuisine Development, LLC, on behalf of Paul Agre Company, 2380 Shadywood Road, granting of a conditional use permit per Staffs recommendations, subject to verification of the parking, with the recommendation that a change in zoning be required if liquor or additional seating is requested. Barnhart stated he is hearing that liquor sales would tip it over into the restaurant realm and that he would suggest the Planning Commission recommend no liquor sales or outdoor seating under the current B-5 zoning. Thiesse stated he dislikes the Planning Commission telling another governing body what they can and cannot do at some point in the future. Schoenzeit stated it is a recommendation, and that in the Planning Commission's discussion of coffee/bagel shop, they felt the definition does not include liquor. Schoenzeit stated it is the Planning Commission's belief that adding liquor would tip it over into restaurant zoning. Schwingler asked if outdoor seating would tip it over. Schoenzeit stated that would take it over the 60 seats and impact the parking. Barnhart stated currently they are at the maximum seating and any expansion over that would not be consistent with a coffee/bagel shop. Thiesse stated the City does not really care if it is indoor or outdoor seating as long as it is not over 60 seats. Leskinen seconded the motion. VOTE: Ayes 4, Nays 0. Page 15 of 15 Date Application Received: July 20, 2016 Date Application Considered as Complete: August 5, 2016 60 -Day Review Period Expires: October 5, 2016 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: August 15, 2016 Council Exhibit D Subject: #16-3856, Saryan Cuisine Development, LLC, o/b/o Paul Agre Company, 2380 Shadywood Road, Conditional Use Permit Public Hearing Application Summary: The applicant is requesting a conditional use permit to operate a production bakery, retail bakery outlet, cafe, and restaurant at 2380 Shadywood Road. A similar use, coffee and bagel shop, is a conditional use in the B-5 zoning district. Staff Recommendation: Planning Department Staff recommends approval of the proposed Conditional Use permit, with certain conditions outlined below. List of Exhibits Exhibit A. Application Exhibit B. Applicants narrative Exhibit C. Floor Plan Exhibit D. Elevation Exhibit E. Proposed signage Exhibit F. Site Plan Exhibit Sample retail floor plan G. Sample menus Exhibit H. B-5 zoning district Exhibit J. regulations Property Owners List Background Saryan Cuisine operates three Patrick's Bakery Cafes in the metro area and proposes a 4th at 2380 Shadywood Road (the former Snyder's Drugstore). Patrick's bakery cafe offers bakery products, pastries and chocolates. As in the other locations, Patrick's proposes offering breakfast, lunch and dinner service in the 60 seat dining room. The applicant's narrative, Exhibit B, outlines the proposal. Those interested may find additional information on their website, www.patricksbakerVcafe.com. Improvements to the site include both an internal remodel and external cosmetic changes to the building. The rear third of the building will house offices, ovens, cold storage and utility spaces associated with a commercial kitchen. The middle third will be the production kitchen which will prepare baked goods, pastries and the food for the cafe and restaurant in the middle of the space. The front of the building, using the existing front door vestibule, will be the dining and retail area. The applicant has provided a sample (Exhibit G) of a similar layout for the Commission's reference. External changes include additional signage and painting of the upper half of the building, illustrated on Exhibits D and E. FILE # 16-3856 August 15, 2016 Page 2 of 4 The existing drive thru window will not be used as a drive-thru. Shipping and received activities will occur out of the existing door on the northwest corner of the building. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The Community Management plan (3B -6b) identifies the subject property as a potential mixed use site, suggesting density in the 4- 15 units per acre range. The CMP suggests developments such at senior assisted living, townhomes, condominiums, or apartment buildings as appropriate mixed use development. The Council recently denied an application for a nursing type facility at this location. The Planning Commission should consider whether these uses are appropriate, or if the proposed use is consistent with the Plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Coffee and bagel retail are a conditional use, with stated stipulations. The Planning Commission and Council should determine if the proposed use is consistent with this undefined use. 3) Adequately served by police, fire, roads, and storm -water management; This statement is true. 4) Provided with an adequate water supply and sewage disposal system; The property is served by municipal water and sanitary sewer. An existing 6 inch water service from Olive Avenue will be retained. Sanitary sewer is provided through a 6 inch pipe also to Olive Avenue. Preliminary estimates suggests the system is more than adequate, but a certified analysis of the sanitary sewer capacity may need to be completed. 5) Not expected to generate excessive demand for public services at public cost; The re -use of an existing commercial building should not increase demand on public safety, transportation, or storm -water facilities. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The property to the south is the Culvers restaurant and Holiday gas station; to the north and east are single family residential, and to the west is commercial uses. These uses are not proposed to be changed in the future, though the Comprehensive Plan suggests the residential property to the north might be appropriate for mixed use development. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; Minor modifications to the existing structure, and the retention of the commercial character of the site will not detrimentally impact the character of the neighborhood. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This statement is true. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses: No evidence has been presented to suggest otherwise. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The use will be contained indoors. Any FILE # 16-3856 August 15, 2016 Page 3 of 4 future exterior patio, if located to the south and west of the building, would not impact adjacent residential neighborhoods and would require site plan approval. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; No evidence has been presented to suggest otherwise. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; There is no link from the proposed site to the adjacent residential streets other that the existing pedestrian trail which provides access to the public sidewalk system, the trail, businesses, and the bus system. These pedestrian connections are generally desirable in strong neighborhoods and communities. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; Does not apply. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; no additional lighting is proposed, and 15) Not detrimental to the public health, public safety, or general welfare. This use is a common use in a commercial district and is not expected to have a negative impact. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Analysis Coffee and bagel retail are a conditional use permit in the B-5 zoning district, with 4 conditions. a. No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. 32.7% of the building is devoted to food/beverage retail uses. b. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. The combined area of the food/ beverage retail is 3,900 square feet. c. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. Restaurant requires 1 space per 80 sq. ft. of public floor area, or 49 spaces (3900/80=48.75). The property provides 60 spaces, exceeding the requirement. The applicant shall demonstrate that the total parking needs for the site will be met. A portion of the parking area is subject to a cross parking easement with the property now occupied by Culvers. In practice, and based on observations, Culver's customers frequently use 10 -12 spaces on the subject property. d. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. The combined number of seats proposed is 60. The proposed use appears to meet the standards imposed on bagel and coffee stores. Coffee and bagel retail are not defined in the zoning ordinance, though this description is assumed to be similar to Caribou/ Starbucks/ coffee houses and Bruegger's bagel shops, all of which are open FILE # 16-3856 August 15, 2016 Page 4 of 4 throughout the day and offer food for dine in. Restaurants are defined, but are not permitted uses in the B-5 zoning district. The applicants propose a business that provides baked goods and drinks with an expanded menu throughout the day. The applicants intend to apply for a liquor license to offer beer and wine to the lunch and dinner customers. By definition, businesses offering liquor are a class II restaurant. An ordinance amendment may be necessary for the city to be able to issue a liquor license. The menus provided (Exhibit H) are intended to give the Commission an understanding of the scope of food offerings. The menus will change from time to time. The proposed business is a combination of many uses: production kitchen, catering establishment, pastry shop, and small restaurant. The Planning Commission should discuss whether the use is appropriate in the proposed location. Restaurants are restricted to certain districts to alleviate potential impacts due to noise (late hours) and traffic. Commercial zones are intended to generate and capture traffic, the proposed use is not outside the norm. Staff suggests a limitation on hours to alleviate potential noise concerns. It is acknowledged that the building will be used during the evening for baking operations. Public Comments To date (August 10, 2016), no public comments have been received for or against the proposal. Issues for Consideration 1. Does the Planning Commission find the use appropriate for the property? 2. Does the Commission find it necessary to impose additional conditions in order to mitigate the impacts created by the granting of the requested Conditional Use Permit? 3. Are there any other issues or concerns with this application? Recommendation The proposed use, a bakery and coffee shop with an expanded food menu, while observing the constraints imposed on coffee/ bagel shops, appears to be appropriate at the proposed location. Should the Commission agree, staff would recommend the following conditions: The drive thru window shall not be used. The retail space may not be open past the hours of 10 pm. City of Orono RECEIVED Conditional Use Permit A l i� JuL 2 0 2016 p p at i WIFORONO Street Address: / �S� 2750 Kelley Parkway Application # yO Orono, MN 55356 Date Received: PC Exhibit A Main: 952-249-4600 Staff fax: 952-249-4616 Fee: µ Marling Address: P.O. Box 66 Escrow # & $ t+� Crystal Bay, MN 55323-0066 Permit Fee HD�� Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION:. e�ocQ o APPLICANT 1 AGENT INFORMATION: Applicant Name:L Phone (Primary): f Applicant Email: Address: �j4 m [' Cit AWZIP: ,- Agent Name: i .�e Agent's phone number ZIG Agent Email: f",�,� it. Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER IN R ATIQN: 13 check here if property owner • same as pplic nt Name: j'� u� PVL [� w r Phone (Primary): Z, Mailing Address: v Fes, L 5� City: ,�• ziP; Email: i-!6— t C- T APPLICANVAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. * Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized represent attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Si Date: 2�f� Applicant/Agent Signature: Date % Property O ner Si nature: Date: r� Prope y er Signature: C Date: CUP Application - January 2016 Page 2 # 3856 PC Exhibit B SARYAN CUISINE DEVELOPMENT, LLC CONDITIONAL USE PERMIT APPLICATION PROJECT NARRATIVE Saryan Cuisine Development, LLC wishes to purchase the land and building at 2380 Shadywood Road, Orono, Minnesota for the development of a Patrick's Bakery Cafe with integrated production kitchen creating and serving all of its wide array of products. Saryan Cuisine Development, LLC is led by Patrick Bernet who is the founder of the Patrick's group of businesses presently operating at the following three Patrick's Bakery Cafe locations: Patrick's Bakery Cafe Southdale Square 2928 West 661h Street Richfield, Minnesota Patrick's Bakery Cafe At Bachmans 6010 Lyndale Avenue Minneapolis, Minnesota Patrick's Bakery Cafe Restaurant Arbor Lakes 12489 Elm Creek Boulevard Maple Grove, Minnesota For further information please visit patricksbakerycafe.com The 2380 Shadywood Road location would be developed much like the Patrick's Bakery Cafe at Southdale Square and would plan to `Bring the Finest" Bakery Products, Pastries, Chocolates Breakfasts, Lunches and Dinners to the customers that are dining in, grabbing a meal to go, or ordering from -Patrick's extensive catering menu. Patrick's Bakery Cafe has a proven track record of success operating their Southdale Square location for nearly 15 years. The dining in experience will include service of wine and beer with lunches and dinners. Sarayan Cuisine Development, LLC will build out the interior of the building according to the 2380 Shadywood Road Concept Plan attached hereto as Exhibit 1. That concept plan shows that approximately 1/3 of the building would be allocated to retail sales display counters with space for customers to purchase items to be taken out. In addition seating areas are planned to provide dining space for between 40 and 60 people. That space would be configured in a manner similar to the Conceptual Retail Space Layout attached hereto as Exhibit 2. This layout is not site specific for this location but is similar to the final layout of the Southdale Square location. This Bakery Cafe would likely be open from lam to 9 pm Sunday through Wednesday and from 7 am to 10 pm Thursday through Saturday. The offerings would be similar to those identified in the menus for breakfast, lunch, dinner, for box lunches and for catering as attached hereto as Exhibit 3. The remaining 213 of the building would be used for offices, baking ovens, refrigerated/freezer storage and dedicated dry goods storage. Appropriate portable and built in equipment for food preparation and packaging would also be staged in an area referred to as the production kitchen. Space for dish washing and equipment cleaning and sanitation would be designed to comply with all health and safety regulations. The integrated production kitchen would be used during the times the Bakery Cafe was open for service to customers. Throughout the day, chefs will be baking fresh breads, pastries, quiches, specialty deserts and chocolates. In the off hours, the kitchen would be staffed by a team of bakers, pastry chefs and cleaning crews that would work through the nights to produce sufficient stocks of fresh products for daily retail sales, take out sales and catering. This team would be working from approximately 8 pm until early morning making sure that display cases were fully stocked and sufficient inventory was available. The cover page to this application is a photo of fully stocked display case as the Southdale Square location was ready to open. Patrick's Bakery Cafe signage similar to that utilized at each of its other locations would be discretely displayed on the outside of the building. Only minor changes to the exterior of the building and the site are anticipated to be required for the opening of a Patrick's Bakery Cafe and its integrated Upon approval of a conditional use permit, detailed architectural plans and specifications would be prepared and submitted for the necessary building permits. Saryan Cuisine Development, LLC hopes to begin interior remodeling in October of 2016 with completion by early spring 2017. b Y .1. S��f(9p(• pN 4'Y .{WDA ,r r PC Exhibit C 2 a S� z 0 i V t7 W Iz fu m Y C L Ln N Qu Y 41 V 41 LL PC Exhibit D z V ko ai N 4+ ro a- C4*-F,4f,'T:2R 10 WIROTrc" ME6 PC Exhibit F PC Exhibit G Saryan Cuisine Development, LLC Conceptual Retail Space Layout Exhibit 2 Squam '2928 Wrst 661,1) -Stmot Stirl-Wedl Toni - Qpiri I I -M f- �Cl I .10 FT I [T] p- 612-861-7570 1 61 2-861-7583 4-F- Bockmin-5 () 1-Y rif I cl le Avo n, i n Ccll� For Boors 612 661-92/77 61 t -1961 , Y 276 Tk(_! Skappos a Aflaor Lakes 1 7.4R9 F-Im Crq-��C BoulpvcAid muple Crow.1 P: 76 3-42-D-7770 1- 7.63 420-7797 www.,patricksbcjkerycafe.com I'l I 1._-1 -, L I -: i?Cl fo i+iinqr lri;in !1-l'L31j(.IQ.J Ilr vurm� Ly ioccillon Dphv-.�Iy A-Vrjljj?-�'p m %\ I 9 I TRADITIONAL MOUSSELINE White sponge cake, vanilla mousse, Fresh strawberries and raspberries, decorated with whipped cream White sponge cake, vanilla mousse, cr•oaa'.ute mousse, decorated with whipped cream Chocolate sponge cake, chocakie --ousse, decorated with chocolate whipped cream MORE SELECTIONS AVA.LA:. E FROM OL i SHOWCASE! 1/2 SHEET CAKE Feeds apo►ox 30 $75.00 FULL SHEET CA !'%= Feeds app-cx 60 $150.00 1 y l SPEC -;'Y CA Indiv'.*c Servings Ctwss fha., cre am :'able in Medium, Large, 2/7 SFse+and Full Sheet Sizes, MEDIUM CAKE $36.00 (serves 6-8) LARGE CAKE $42.00 (serves 10-12) : / = SFE=T CAKE Feeds approx. 30 $125.00 FUI.i Sr+=T CAKE Feeds approx. 60 $250.00 *Trilogy Cake $5.75 *Classic Opera Cake $5.75 *Feullontine Praline Chocolate Cake $5.75 *Chocolate Raspberry Cake $5.75 *Passion Cake $5.75 Vanilla Chocolate Cr6me Bruleei $5.75 *Patrick's Cheesecake $5.75 *Sarah Cake $5.75 *Ryan Cake $5.75 Eclair $4.00 *Napoleon $4 95 *Strawberry Napo' Mor. $4 95 *Fru -t Tart $5 75 Lemon Mer. rgus Trait $5.75 App4 Ck6ouste Ta-. $5 75 *T'imrn-su $5.75 Mandarin Cab $5 75 Raspberry Macoroon't' $5 75 10-oc-) W Orcer gift cords for {rends or Family, a special treat 6- any occasion d xmg the year] 4�-) nu'r �� Han made and decorated $36.00 a dozen, Minimum of 3 dozen MINI PASTRY Per Dozen $28.00 Smoked salmon served with lemon butter Adair, Napoleon, Strawberry Napoleon, Roast beef served with a creamy mustard butter po rY Poeco, Ham served with a creamy mustard butter Chocolate Tart, Fruit Tart, Lemon Mousse d6 Fate Meringue Tart, Opera Cake, Salami Bleu &Cream Cheese Chocolate Raspberry Cake L MINI MACAROONS Per Dozen $18.00 7 Chocolate, Raspberry, Lemon, Pistachio TRUFFLES Per Dozen$18.00 ?"J10 Z Praline, Raspberry, White Chocolate, Mini bhee a I ${ keine with �zen oucken, mushrooms, and Dark Chocolate becheme- sq,;;e n ;ruff pasty MINI DANISH Per Dozen $18.00 Roasted Chicken skewe-s w-11, -ed and green peppers Raisin Cinnamon, Pretzel Danish, Cream cheese friand {cream cheese caked ;n puff pastry) Apricot Soleil, Cherry Soleil, Raspberry Brie cheese i^ phyllo wifn crur16erry 4ish Lemon Danish, Apple Cinnamon Danish, Bye.. cheese and 6&od ;.Tumb stuffed rr..shroom caps Blueberry Almond Danish, Pear Almond 'Apprewcwd-r:oked !Aeon wrappea sookops Danish, Croissant, Chocolate Croissant, Tander Grilled beef skewers wA red and green peppers and onions Almond Croissant ('$42.'O o aOZen) MINI COOKIES Per Dozen $18.00 Chocolate Chip, Chocolate Chip with W 00 a dozen Vernre of tie-der baby sh•rmp with lettuce, cilantro, shallots walnuts and raisins, Honey Nut Peanut end creme fraiche Butter, Craisin• Oatmeal, Butter Cookie Vere^e of gazpac^o w'th goroen vegetables, lemon juice and creme fraiche with Icing, Almond Cookie with Verr.ne of roosted red pepper, asparagus mousse, lettuce and creme fraiche Chocolate Gonache Vane of smoked salmon with tortillas, cucumbers and creme fraiche COOKIES {INDIVIDUAL SERVINGS} Verrme of fresh carrots, peppers and cucumbers in a rich dill sour cream sauce Butter $2 00 Verrine of riviera salsa Chocolate Chip $226 Farm fresh caprese skewers with mild buffalo mozzerella, Chocolate Chip w/ Walnuts & Raisins $253 cherry tomatoes, and basil Craisine Oatmeal $2.50 Fresh pepper salsa stuffed garden fresh cucumbers Honey Nut Peanut Butter $2.50 Crob salad stuffed garden fresh cucumbers Traditional French Meringue $200 Almond with Chocolate Ga-, :� 03 BL-W Coolde Bag %• 95 LSe-ves apptnx. ' C — I peopta NSTRO SALAD$4500 r Shredded chicken br with b6u cheese, Crawsa , wakuts and grc?e �J tomatoes on a bed of "no groans Served wA raspberry nrwgre%. a dozer: SALAD NICOISE $5495 Tunc, black awes, gra 6ecros, cucumbers, per, ham-bo,led eggs and cherry tometom on a bed of sprung greens Served with ca'w Velvety mtrerswa , C' IM" cls ram ,,&% frnrst e d w6 a vtnargreft dark chocolo-e Cic - CHICKEN CAESAR SA,-AD $45 00 TIRAMISi; VEK Chicken breast with pmrmesan and geriic cr000ns on a bed of romaine Sponge cake r"; rr. _ Li syrtp,yerrci sir fr a k,ght lettuce Served with Cm�ar dressing MWSCaoone'nMne, . a s:^msf•ec wifi: C .ant .-y :rim. CAESAR SALAD $40 00 Fresh romaine lege aril Pormetan cheese Served with Caesar drown Cr��SECAI� VE;:;t:Tti g Chevecaka manse, rosoaerr • ;tiro covered w a wnrie Aoco" PASTA SALAD $45 00 gmase and fresh rasp!>-, r.ea Rotim pasta, black olives, red peppe , she4on, tom oto ns 5 rw d Myth ranch dressing LEMON`` VERRINE C9021PED SALAD $40.00 A'mond sponge cake ia) wW lemon cteorn, finished win la�ettuak bmatoes, wm, $Cohens, Cho d , #ueWag 1 est• fruit Tut w!ript: -d cream avoca and 61eu cheese Mused in green g � FRES FII XT STEAK SALAD $65.00 Seasonal decries wr+ cream cfasrNly Sliced sir;orn steak, green peppers, roosted red , red onions and tomatoes on a krait of spring greens sun deed lomnto vinaigrette FIELD GREENS SA;1+cD $3000 Mixed Meld greens with cucumber, green beans, and tomatoes served with Italian vinaigrette. $40.00 per dozen Four cheese, quiche lorrair spinach, asparagus and tomato, sausage, chicken and Feta LARGE QUICHE Serves approx. 6 $15.95 Serves op 1042.00� Sliced turkey, roast bee , ham, and salami. Served with lettuce, tomatoes, condiments and our handmade rolls (?k�--' Serves approx 10 - 12 .00 Brie, cheddar, swiss, pe per jack, fresh mozzarella Served,, our handmade rolls and crackers Q *125.00 Serves ap ox 10 Pineapple, kiwi, strawberry, raspberry, blackberry and (seasonal fruit) Half I n $17.00 chicken chili, chili with s, baked potato, chicken rrooale, Boston clam chowder, cream of broccoli with cheese, french onion, minestrone, vegetable beef with barley, vegetarian roasted tomato with red pepper bisque $40 00 per dozen CLASSIC hAM SA' 1 OWICI-:. ,tam,:e#vu, tarnc':s 11-w Swiss dmisse wi ^: Nion muroo-o Serve-- on a croissant. ti;�Af�FG.�Iv i+t♦4��1�i:.s}'. ':_�a�:�AYr.�i F,mi rr*-z=rell; 6 %m--, sliced torrcft-�, wH c!ive oil and 9:c pe -`a. &,ved an green nl'vs and &C" _Y SANDMI[C-? '.4jenmss clams, trrsaMD, le e-joe ccA cr ry -" Served on bccon dxwc. Bread `rG�fvlA CH CKEN STRIP SANDWICH f. urea ch::,rer s r` -s, aven roosted red ,�p rs, t".fr,cr- WA honey D.p- d•eu rg. Served on nut raisin spread CWCK:,:N RAX::l Cindren breast, leftuca, traab"-ark. -:79" Served +i:; is fwr tartik ROAST BEEF S_4:41)WI H Roast beef, &mss c#", rovited red perms, or ons with Sisxo mustard dri-, mi :g, Served on a sof+ baguette FAT?" ,',— CS VEGETARIAN SANDW10! GnW prexboL mu oe,:ns marnased rr. Balsam�cv.ra;grette, ro,2sw! red p npeers, red omon and tomatoes wrfh feta &--m spread Served r„ i whey) bread. ASSORTED W.M SANDWICH FLATTERS ARE ALSO AVAILABLE Entre6 price is per person. COQ AU VIN Cornish game hen In red wine reduction with mushrooms, pancetta and gratin douphinois. $19.00 DUCK A L'ORANGE Breast of duck served with caro^relszed walnut risotto in an orarg/�e/��sa�re $L0. 00 BEEF ROUV, ;J!GNO-\ Beef stew in red wine sauce. Served w t^ %-auccine pasta $ 6 0^ -1LET MIGNC:I`. Filet mig-icn seved wi',i c savory potato coca, or -6y vegetables and G -ec wine »,L 4 Croom sauce $26.00 ST_AK FR' -ES 8 oz New York strip served w* a p::,percorn sauce and French fries $22 00 RACK OF LAMB Parsley Gnz gar's encrusted Rack of Lamb "au Jus" served with mashed sweet potatoes. $24.00 SEA BASS Pan seared on a bed of quina with mushroom deluxe cream sauce with tomatoes. $24.00 SEARED OR GRILLED SALMON Served with seasonal vegetables and a red pepper coulis $21.00 SCALLOPS AND SHRIMP a trio of scallops and shrimp seared on a bed oF' rgv-ns pasta wrh aes'c sauce red grapes anti c %d vnne mcluctron $23 00 WAL EY par sea -se w6kye W6 a wJa rice bend, almond butter acrd moans vegetables $' � 00 Entre6 prices r- re& "o/carry out orJers or,y, no' ;Li- wv-ce cote -ed meals :".croc entree options m%iilable E%ruezt. 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N N N N VyF man N NN ri jai Am r o £ d CA e O d Lc g ��'� W � Cge—O�LL [qCC �� S` 3 in 'all ma All 0 CL '�, L e [:Rr, ° Dtj 07 �•- o � a � E 5' z � CL 6€ � �Qp o�� Ermap Qyy a o O U' 3 i V IA L -0 b� PM- j b Y DINNER MENU RRSTAt7RAxr &.BAt RAC Escargot In Garlic Butter $11.00 Half dozen burgundy escargots in garlic butter served with a warm baguette Trio of Crab Cakes $10.00 Crab cakes with bistro remoulade on a bed of spring greens with a French baguette crouton Sea Scallops $14.00 Pan seared scallops on potato cakes with crab meat and hollandaisewith fennel salad Baked Brie $9.00 Wrapped in a butterfiakycrust atop a fresh spring mix complimented with (raisins" mango coulis Chilled Gazpacho $6.00 Served with a dollopof sour cream and a puffpastry twist French Onion Soup $6.00 French Fry Cone $5.00 Served with ketchup beamaise and mayonnaise SJ—.ds / Cold Tippe�iw,e Sernd with bread and butter Caesar Salad $8.00 Fresh romaine lettuce and shredded Parmesan cheese. Served with aesardressing Coprese Salad $8.50 Sliced tomatoes with fresh mozzarella and a balsamic reduction, oliveoil and fresh basil Bistro Salad $12.00 Shredded chicken breast with bleu cheese, CralAns", walnuts and grape tomatoes on a bed cfspdng greens. Served with raspberry vinaigrette Chopped Salad $12.00 Romaine lettuce, tomatoes, corn, scallions, chopped eggs, banana peppers, avocado and bleu cheese. Mixed in a green goddess dressing Beef Brisket Salad $14.00 Beef brisket sautded bacon, anions, potatoes, cherry tomatoes and hard-boiled eggs. served with a balsamic vinaigrette dressing Salad Nicoise $14.00 Fresh tuna, blackolives, green beans, cucumbers, potatoes, hard-boiled eggs and cherry tomatoes on a bed of spring greens. Served with citrus vinaigrette Sleek Salad $14.00 Sliced sirlolk green pepper, roasted red pepper, red onions and tomatoes on a bed of spring greens. Served with sun dried tomato vinaigrette Tuna Tartare $12.00 Sushi grade ahi tuna, diced avocado, shallots, comidrons, capers, sundried tomato dressing, micro greens, toast points BYO Salad Choice of romaine or spring salad mix and t dressing from below. $6 1 vDOISSOn fish MEAT/FISH Applewood bacon $3 Chicken breast $3 Aged choice chuck tender $6 Beef Brisket $4 Salmon (5oz) $7 Shrimp (3) $5 VEGGIES.754 Wild mushrooms Portabella mushrooms Avocado Caramelized onions Com Jalapenos Green pepper Raw onion Red pepper Cornichon Green olives Black olives Banana pepper CHEESE IEGGS $1 Fresh mozzarella Gruyere Parmesan Feta Blue cheese crumbles Hard boiled eggs Sea Bass DRESSING Pan seared Sea Bass on a bed of summerratatouille with sun dried tomato coulis and afresh pesto sauce, served with aside of sauteed seasonal vegetables Balsamic Vinaigrette S> CitrusVinaigrette ADD Green Goddess Scallops and Shrimp Italian ON' S RaspberryVinaigrette Addanyitems Ranch Sun dried tomato Vinaigrette of your choice $20.00 from our list for an additional $14.00 price. Sea Breeze Salad vDOISSOn fish MEAT/FISH Applewood bacon $3 Chicken breast $3 Aged choice chuck tender $6 Beef Brisket $4 Salmon (5oz) $7 Shrimp (3) $5 VEGGIES.754 Wild mushrooms Portabella mushrooms Avocado Caramelized onions Com Jalapenos Green pepper Raw onion Red pepper Cornichon Green olives Black olives Banana pepper CHEESE IEGGS $1 Fresh mozzarella Gruyere Parmesan Feta Blue cheese crumbles Hard boiled eggs Sea Bass $28.00 Pan seared Sea Bass on a bed of summerratatouille with sun dried tomato coulis and afresh pesto sauce, served with aside of sauteed seasonal vegetables Seared or Grilled Salmon $22.00 (guestcrolm) Salmon served with summer vegetables with an asparagus and red roasted pepper coulis Scallops and Shrimp $24.00 A trio ofsallops and shrimp served on a bed of linguini pasta with afresh pests sauce garnished with a red wine reduction and red grapes Walleye $20.00 Pan seared walleye with a wild rice blend, almond butter and seasonal vegetables Walleye Sandwich $14.00 A hand breaded walleye filet on a bun topped with lettuce and tomato served with a homemade Tartare sauce and french fries Sea Breeze Salad 08.00 Diced avoado6 diced tomatoes, crab meat, chopped eggs, topped with sauteed shrimp and served atop a baby spring mix salad with a citrus vinalgrette Mussels in Cream Sauce Served Friday& Saturdayonly ,17.08 Mussels cooked in white wine cream sauce with shallots parsley gadic served with French fries& baguette Mussels MarinieresservedFdday&Saturday onry i y -11x 4$17.00 Mussels cooked in whitewinesauce with shallotsparsley garlic served with French fries & baguene I d DINNER MENU ,XS,Mu1ANT &`'BA R r �T M1 W ian�es/1�� eat Beef Bourguignen $19.00 Beef stew in red wine sauce made with bacon, caramelized pead onions and mushroom atop fettuccine pasta Mayo { Applewood bacon $3 Steak Frites a� $24.00 S oz. New York strip steak aged sterling served with peppercorn sauce and french fries. Served with aside salad Portabella mushrooms Shredded mozzarella Rack of Lamb $36.00 Rack of lamb encrusted with dijon mustard and parsley served with eggplant and tomato gratin, sauteed seasonal vegetables and a garlic sauce Ketchup Coq au Vin $20.00 Cornish game hen in redwine reduction with mushroom; pancptta and gratin dauphinois Lettuce Duck a F'orange $22.00 Duck breast served with a caramelized walnutrisotto in an orange sauce Swiss Filet Mignon $28.00 Aged dtoicefilet mignon served with a savorypotato cake, seasonal vegetables and a red wine mushroom sauce Grilled center cut Filet Mignon with Shrimp $30.00 Aged choice filet mignon and a skewer of shrimp served with a bernaise sauce, potatoes galette and a side of sauteed seasonal vegetables Comichon Side Dishes Gratin dauphrnols, risotto, seasonal vegetables, ratatouille $5.00 1"TM Eggs over easy aicou-11urge-s Sweet onion compote All Patou burgers are fresh locally ground 10096 Angus beef and served on our baguette bread baked fresh everyday Traditional Burger $11.00 Fresh locally ground hamburger with choice of condiments Chicken Burger $11.00 Chicken burgertopped with lettuce, tomato and mayo served with French fries Forestier Burger $12.00 Fresh locally ground hamburger topped with caramelized onions, mushrooms, ketchup and bits of baconserved with French fries Californian Burger $12.00 Fresh locally ground hamburger tapped with shredded mozzarella and ourspecial Californian sauce, lettuce, tomato, cornichon and served with Fr"Qhfries Barbecue Beef Brisket Burger $13.00 Beef brisketwith barbecue sauce and caramelized onions and bacon served with French fries Merguez Burger $14.00 Spicy lamb sausage topped with ketchup and served with French fries Steak Burger $14.00 Sliced steakwhh a white peppercorn sauce, onions and Swiss cheese servedwith French fries C rad�L71 urgers Gkm free bargerbans avahbleapaareWstforan addF wd $2 All hamburgers are fresh locallyground 100%Angus beef and served on a Traditional bun Bistro Burger Fresh locally ground half pound hamburger served with French fries $11.00 Chicken Burger Chicken pattyserved with French fries $11.00 Chao" Burger Fresh locally ground half pound hamburger, choice of cheeses served with French fries $12.00 Patrick's Burger Fresh locally ground half pound hamburger topped with sweetonion compote, and brle cheese served with French fries $14.00 jPURGER ADD ONS Add any hems of your choice from our list for an additional price. SAUCES ;MEAT VEGGIES.75S {REESE/EGG531 Mayo { Applewood bacon $3 Wild mushrooms Fresh mozzarella White peppercorn sauce Double Patty $3 Portabella mushrooms Shredded mozzarella Mustard Avocado Gruyere Ketchup Caramelized onions Brie Bistro sauce Lettuce American Peppercorn sauce ]alapeoos Swiss BBQ Raw onion Cheddar Roasted red pepper Pepperjack Comichon Blue cheese crumbles Tomato Eggs over easy r Sweet onion compote i% Cis 1• enu Mac & Cheese $5.95 Chicken Strip served with French fries $5.95 Duo of Mint Burgers served with French fries $5.95 Turkey Croissant served with French fries $6w95 Fruit Cup • es -our products contain orenmeincontactwithnuts, wheat gluten, eggsdairyandothers. -Some of these foods are served (or ran be served) raw or undercooked, or may contain raw or undercooked Ingredients. Consuming raw or undercooked mases, poultry,seafood,shellfish oreggs may inueaseyour risk offoodbomeillnesses. a-- Gluten free hems may come in contact with gluten products N N N N N N N N N N N N a N N N N N o 0 O� Q� O� Oi a O N W N L! � N N N k 41bk � V) VF V! a N N V! N EE 34 E E n N +' 'co A � Ve la M�s #mks E' H ma y 9 e —��S�e 3 4 W F I�'rl E C d m g 5 i 6 o q G E L7 u �kaW W W C r`= O C— 8 c az mPi 3 ". w ICL 9 D.� }' w O�ot C J rJ N •w a u '29 F�Nv. NJS9 Ncit Ex Ex°M' m V1m C'� ad 3w2* x:1 N� VlN NN Nfff N N NN N N N N N N M N O n n n n n n n ^ n n n papp 1� ppcq bp lqy� C9 a ly 01 0� GN h N N Vl h N Vt N N N N N N N VF 40 ilF iR g =3 �_ w E E M y ppg�� FE oi ~sws�Ga M= 06 3g E E'er 3 qI$`g�'Yo` Estes gg v cwo'wwu ONi, ONf, ON1, am ONi ONi ONi � a M � 8 �O T 07 VY N Qt lV ��pp mm N n p� p d N V! N VF N V! N W! Vk 40 V} N N N M N S N N N �`— Ect E 2 `o q 4 a 2 E _ m E� �[�� ��W�� oa �� as �� � ��►~e��� �� �W 4� O 1 E � ae E A E.9 a t _ „7� ash O e g E `^ S� v '�} A�� 1-5 V PC Exhibit I DIVISION 16. - B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT[121 Sec. 78-761. - Purpose. The B-5 limited neighborhood business district is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hard cover. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B-5 district as contemplated in the area known as Navarre in the city, the uses are limited in order to limit the hard cover in that area and to limit the future generation of traffic for that property in that use district, since there is already a traffic problem in Navarre. (Code 1984, § 10.44(1)) Sec. 78-762. - Site plan review. All site reviews in any B-5 limited neighborhood business district shall be reviewed as set forth in article II, division 4 of this chapter. (Code 1984, § 10.44(2); Ord. No. 68 3rd series, § 8, 2-8-2010) Sec. 78-763. - Permitted uses. Within any B-5 business district, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) Municipal buildings. (2) Offices. (3) Clinics. (4) Art and school supply store. (5) Book and magazine store. (6) Office supply store. (7) Banks, loan company, insurance company, real estate office. (8) Barbershop, beauty shop. (9) Camera and photograph supply store. (10) Locksmith. (11) Hobby shop. (12) Gift store. (13) Glassware and pottery. (14) Antique store. (15) Jewelry store. (16) Watch repair. (17) Library. (18) Museum. (19) Record shop. (20) Music store. (21) Tobacco shop. (22) Galleries. (23) Pet shop. (24) Massage therapy centers. (Code 1984, § 10.44(3); Ord. No. 72 3rd series, § 3, 6-26-2010) Sec. 78-764. - Conditional use. (a) Within any B-5 limited business district, no structure or land shall be used for one of the following uses except by conditional use permit: (1) Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store. Page 1 (2) Dry cleaning store. (3) Tailor shop. (4) Pressing and shoeshine shop. (5) Laundry and cleaning pickup stations. (6) Veterinary clinic. (7) Kennels. (8) Coffee or bagel retail stores, subject to the following conditions: a. No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. b. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. C. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. The applicant shall demonstrate that the total parking needs for the site will be met. d. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. (9) Off-street parking when the principal site of the off-street parking abuts on a lot which is in another B or I district and is in the same ownership as the land in the B or I district, and subject to those conditions as set forth in article X, division 5, of this chapter and other such conditions as found necessary by the council. (10) Public service structures, including but not limited to electric transmission lines in buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. (11) Drug store, subject to the following condition: Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. for a drive-through service. (Code 1984, § 10.44(4); Ord. No. 152 2nd series, § 2, 10-28-1996; Ord. No. 161 2nd series, § 10, 6-7-1997; Ord. No. 170 2nd series, § 1, 3-23- 1998; Ord. No. 198 2nd series, § 1, 4-24-2000) Sec. 78-765. - Accessory uses. Within any B-5 limited neighborhood business district, the only permitted accessory uses and structures are the following: (1) Private garages, off-street parking and loading spaces, as regulated in this chapter. (2) Signs, as regulated in this chapter. (3) Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. (4) Decorative landscaping features. (5) Fences, as regulated in this chapter. (6) Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building. (7) Public telephone booths. (8) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. Sec. 78-766. - Area, height, lot width, setback requirements and design requirements. (a) Area. The minimum lot size in any B-5 district shall be 20,000 square feet. (b) Lot width. The minimum lot width shall be 100 feet. (c) Front yards. The minimum front yard shall be 20 feet. (d) Rear yards. The minimum rear yard shall be 30 feet, a side yard adjacent to an R district shall be 15 feet, and a side yard adjacent to a street shall be ten feet. (e) Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to any side lot line adjacent to a street; except abutting or across the street from an R district, no building shall be less than 35 feet from such lot line. Page 2 (f) Fencing. Wherever a B-5 limited neighborhood business district abuts an R district, along the side or rear lot line, a fence or compact evergreen hedge no less than 50 percent opaque nor less than six feet in height shall be erected along the abutting lines except within the required front yard. (g) Building design and construction. In addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: (1) All exterior wall finishes on any building shall be: a. Face brick; b. Natural stone; C. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; d. Factory fabricated and finished metal framed panel construction, if the panel materials are of any of those noted in subsections (g)(1)a—c of this section, or glass; or e. Other materials as may be approved by the council. Combinations of such materials shall be permitted. (2) All subsequent additions and outbuildings constructed after the erection of an original building shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. (3) No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. (h) Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (i) Height. No structure or building shall exceed 2% stories and shall not exceed 30 feet in height except as provided in section 78-1366. Page 3 Hennepin C unty Locate Notify Map Provided By: Resident and Real Estate Services PC Exhibit J Date: 8/3/2016 Buffer Size: 350 feet 0 120 240 480 ft Map Comments: I e ` I I I I ' I 120: 1711723440111 Owner: PAUL AGRE COMPANY Address: 2380 Shadywood Road Orono, MN 55391 RECEIVED AUG 0 3 2016 CITY OF ORONO For more information contact: Hennepin County GIS Office 300 6th Street South Minneapoiis, MN 55487 gis.info@hennepin.us # 3856 Easy Peel® Labels ♦ Bend along line to i >+® 5960 Use Avery® Template 5160' Feed Paper expose Pop-up Edge*"" 1 38 17-117-23 43 0002 38 17-117-23 43 0154 38 17-117-23 44 0030 DAVID A MAC-BOHNHOFF ERIC & NICOLE WAROLIN LAUREN E HATTARA 2296 SHADYWOOD RD 3405 LIVINGSTON AVE 2265 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0023 38 17-117-23 440005 38 17-117-23 44 0031 CARL E BORG III & CAREN BORG CITY OF ORONO JAMES R ANDERSON 3414 LIVINGSTON AVE PO BOX 66 2275 BAYVIEW PLACE WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 43 0062 38 17-117-23 44 0008 38 17-117-23 44 0032 CHARLES PRICE CITY OF ORONO GENE AND SHERYLL BLOCK 2813 CASCO POINT RD P O BOX 66 2305 BAYVIEW PLACE WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 43 0078 38 17-117-23 44 0009 38 17-117-23 44 0033 CITY OF ORONO MARVIN GARDENS LLC GENE H BLOCK 2700 KELLEY PKWY PO BOX 130 2305 BAYVIEW PLACE LONG LAKE MN 55356 NAVARRE MN 55392 WAYZATA MN 55391 38 17-117-23 43 0079 38 17-117-2344 0015 38 17-117-23 44 0041 CITY OF ORONO CITY OF ORONO KRIS ANN FERRELL P O BOX 66 P O BOX 66 2250 BAYVIEW PL CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 43 0080 38 17-117-23 44 0025 38 17-117-23 44 0059 CITY OF ORONO C BIRCH JR/ B SIPPRELL-BIRCH CUBE INC P O BOX 66 2205 BAYVIEW PL 4825 HANOVER RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 MOUND MN 55364 38 17-117-23 43 0081 38 17-117-23 44 0026 38 17-117-23 44 0060 CITY OF ORONO NICHOLAS D HAWKINSON ANDREW D SPILSETH P O BOX 66 STEPHANIE R HAWKINSON T CODY TURNQUIST CRYSTAL BAY MN 55323 2215 BAYVIEW PL 3324 NAVARRE LA WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0082 38 17-117-23 44 0027 38 17-117-23 440063 CITY OF ORONO TERESA KOCH VALERIE T COYKENDALL PO BOX 66 2225 BAYVIEW PLACE 2344 OLIVE AVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0083 38 17-117-23 44 0028 38 17-117-23 44 0064 CITY OF ORONO GINA I SUMMERS TIMOTHY C LIVINGSTON P O BOX 66 2245 BAYVIEW PL 2338 OLIVE AVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0099 38 17-117-23 44 0029 38 17-117-23 44 0065 3400 PROPERTIES LLC KELLY ADELIA RIOUX J T JACOBSON & L D JACOBSON PO BOX 40 C/O NAVARRE HARDWA SHAUN SCOTT RIOUX 2328 OLIVE AVE NAVARRE MN 55392 2253 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 9tiquettes taciles a paler I Repliez A is hachure afin de 11 www.avery.com Utilisez le abarit AVERY® 5160® I Sens de 1 chamement reveler le rebord Pop' P u TM ' 1w800 -GO -AVERY 9 1 Easy Peel® Labels Use Avery® Template 51600 j ♦ Bend along line to � Feed Paper expose Pop-up Edge** j %k���® 5960TH � 1 38 17-117-23 44 0066 LUND REAL ESTATE HOLDNGS LLC 38 17-117-23 44 0084 38 17-117-23 44 0108 PATRICK W SULLIVAN WAYZATA MN 55391 LISA M STONE CHRIS & COURTNEY BLOCK 2318 OLIVE AVE 2350 OLIVE AVE 2260 BAYVIEW PL WAYZATA MN 55391 38 20-117-23 110039 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0067 38 17-117-23 44 0085 38 17-117-23 44 0111 CALLEN H CASEY VOYAGEUR SERVICE CENTERS INC CIO LANA SCHUETTE 2314 OLIVE AVE P O BOX 65 811 COUNTY RD F WEST WAYZATA MN 55391 NAVARRE MN 55392 SHOREVIEW MN 55126 38 17-117-23 44 0068 38 17-117-23 44 0094 38 20-117-23 110002 JOHN SHERMAN LAFAYETTE RIDGE HOMEOWNERS VOYAGEUR SERVICE CENTERS 2306 OLIVE AVE P O BOX 41 CORD 15 & 19 WAYZATA MN 55391 MINNETONKA BEACH MN 55361 NAVARRE MN 55392 38 17-117-23 44 0069 38 17-117-23 44 0096 38 20-117-23 110024 MARGARET A WOOD BLAIR & CAROL WILSON LUND REAL ESTATE HOLDNGS LLC 2300 OLIVE AVE 2300 BAYVIEW PL ATTN VON P MARTIN WAYZATA MN 55391 WAYZATA MN 55391 4100 WEST 50TH ST SUITE 2100 EDINA MN 55424 38 17-117-23 44 0073 38 17-117-23 44 0099 38 20-117-23 110039 STEVEN R MORKRID CITY OF ORONO UGORETS 8098 LLC 2314 SHADYWOOD RD PO BOX 66 410 11TH AVE S WAYZATA MN 55391 CRYSTAL BAY MN 55323 HOPKINS MN 55343 38 17.117.23 44 0074 38 17-117-23 44 0100 DOUGLAS LARSON NARROWS LLC 2710 SHADY PINE LANE PO BOX 36 MENOMONIE WI 54751 NAVARRE MN 55392 38 17-117-23 44 0075 38 17-117-23 44 0101 ANDREW APRATT LEROY KOEHNEN JAMIE L PRATT 3360 SHORELINE DR 2339 OLIVE AVE PO BOX 8 WAYZATA MN 55391 NAVARRE MN 55392 38 17-117-23 44 0076 38 17-117-23 44 0102 JOSHUA D KRAUSE STEPHEN & SUZANNE SCHMIDT 2359 OLIVE AVE 2986 HIGHLAND BLVD WAYZATA MN 55391 MOUND MN 55364 38 17-117-23 44 0079 38 17-117-23 44 0106 LOUISE A GANGELHOFF PHYLLIS HENDERSON 2341 SHADYWOOD RD 2308 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0080 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 Etiquettes faciles a peler Utllisez le gabarit AVERY® 51600 38 17-117-23 44 0107 JERRY DAPS 4604 ABERDEEN RD MOUND MN 55364 ' Sens de Repliez 6 la hachure afiin de It charaement r&Mer le rebord Pop-up*'" i # 3856 RECEIVE® AUG a 3 2015 CITY OF ORONO r www.avery.com 1 -800 -GO -AVERY ' i REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 14 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"j� Planning Title Community Development Director Item Description: George Funk and Judy Rogosheske Final Plat Crystal Bay Retreat (540 Old Crystal Bay Road) Final Plat Application Summary The property owners, George Funk and Judy Rogosheske, request final plat approval of their lot split approved by the Council in July of 2015. One new lot will be created, no public improvements are proposed or required. Background The property owners received preliminary plat approval for a lot split in 2015 and are now requesting final plat approval. The final plat is consistent with the preliminary plat. No public improvements are proposed. As required by the preliminary plat resolution, easements for future trail easements and protection of existing wetlands are provided. COUNCIL ACTION REQUESTED Motion to approve the Amendment to Development Contract, Second Amendment to Declaration of Covenants, and Road Construction Agreement regarding Prairie View Lane. Action Requested: Approve by resolution the final plat for Crystal Bay Retreat, creating a new residential lot. List of Exhibits: Exhibit A. Final Plat Exhibit B. Draft Resolution Exhibit C. Preliminary Plat Resolution FM Q LLI rrH W a m (1) 4-1Q Cn i cz 0 a) L Q x a) s= U cn U) C 0 O z� U -0 C CZCZCZ3: O Co icn N CZ Uo >+cz _ cz U O _U CIO E t-- E��U M cz E +� CZ O i CZ o= o-0 U a) a) L D cn N czcz U OC'7 �-0 0 m CO E /) > T ^L Q) > a) cz O a --I � to � O CZ Lo O O -0-O a) CZ E U CA � cOn 0 Q� O cz 0- U) cn CZ -0 Cn 0 cz U O O-0 Ecn r - a) cz W .U) =3 Q� Oo �Es=U)o N-0a)N CZ -EZ Q) L CZ CZ m CZ 00 Q�.V �N U)U� L c_ CZ � 2 0 —cz 0 0 a) � >% C -0 cz cz 0 (Z CZ 4-cz � CnU — � a) CD O��T�� cn C'ia)0o— O O i� N 0 L a) -0 C� > U U) U) cz-0cz —Cncz3:cz0 cz O a a) L C/) LO �� cz N J -w- -0 - L m� s= E a) � _U z J 2)cn a) � a) O J L (D O Cn Cn lom- 10 0 N a) a) O a) 0 W Q) 0 s= U cz s= a) a) a) O .� UJ ^~ _0 s= cz 0 a) L C= J a) w wo 0 L 0�(D Z cz U)0 ou a) � 0 � E N NO Q cz U w a) m C1 cn O� U) U) o 0 c Q O Cll�� o E M cn Oo(DM O a) -0 �-o 0O 0 s= a) U 0 E D U Eo U 0o al U) -0--- 0 -0 U w a� mz Z Q cz (1) m� ,-0 C: Cop a) N a) CZ 0 0 a)cli w 0- ^0,00 cz- i Council Exhibit B September 12, 16 A RESOLUTION APPROVING THE PLAT OF CRYSTAL BAY RETREAT FILE #16-3857 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on July 13, 2015, the City Council considered the preliminary plat application by George Funk and Judy Rogosheske (hereinafter collectively the "Applicants") for subdivision of property located at 540 Old Crystal Bay Road South identified as property identification number (PID) 04-117-23-42-0023 and legally described as Lot 1, Block 1, "White Oak Overlook, Hennepin County Minnesota", Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on July 13, 2015, the City Council adopted Resolution No. 6520 granting Preliminary Plat Approval for the proposed subdivision of the Property into two (2) single family residential lots; and WHEREAS, the Applicants have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 6520. 2. Dedication on the plat of Drainage and Utility Easements as required in Resolution No. 6520. 3. Dedication of Wetland Flowage and Conservation Easements as required in Resolution No. 6520. 4. Dedication of a Public Trail Easements as required in Resolution No. 6520. 5. Executing of a Declaration of Covenants for Protection of Sewage Treatment Sites as required in Resolution No. 6520. 6. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 7. Payment of Park Dedication Fee in the amount of $5,550.00. 8. Payment of Storm Water and Drainage Trunk Fee in the amount of $7,680.00. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6520, the City Council of the City of Orono does hereby approve the two -lot plat of Crystal Bay Retreat, Hennepin County, Minnesota (a copy of which is attached hereto as Exhibit A) subject to the following conditions: 1. The Final Plat approval granted by this Resolution shall expire six months from the approval date (March 12, 2017). 2. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Applicants have been satisfied. 3. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 4. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder on or before March 12, 2017 together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 12t' day of September 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 2 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6521) A RESOLUTION APPROVING A PRELIMINARY PLAT FILE NO. 15-3740 WHEREAS, George C. Funk and Judy A. Rogoatmite, a married couple (hereinafter the "Developers") are the owners of the property within the City of Orono (hereinafter the "Citi") addressed 540 Old Crystal Bay Road and legally described as Lot 1, Block 1, White Oak Overlook, Hennepin County, Minnesota (hereinafter the "Properly"); and WHEREAS, on April 22, 2095, the Developers filed a complete application with the City for pneliminary approval of a two (2) lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.558 et. seq. and the City of Orono Zoning and Subdivision Codes, on June 13, 2015 the Orono Planning Commission held a public hearing regarding the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on June 15, 2015 the Planning Commission reviewed the application and recommended on a wrote of 6 to 0 that the City Council grant preliminary plat approval; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on July 13, 2015, and hereby makes the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File #15-3740. 2. The Property is zoned RR -16 Single Family Rural Residential District, which requires a minimum Jot area of 2.0 acres and minimum lot width of 200'. The Property totals 8.86 acnes in area of which 6.38 acres is considered as dry, buildable land and 0.47 acres Is wetland. 3. The Property is guided In the 2008-2030 Orono Community Management Plan (CMP) far single family residential use at a density of 1 unit per 2 acres. The proposed layout contains 2 residential lots on 6.38 non -wetland acres, for an overall density of 1 unit per 3.'19 dry acres. 4. The proposed plat includes 2 residential building lots, each of which will be accessed via private driveways extending easterly from Old Crystal Bay Road. Lot 2 will utilize the Page 1 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO, o existing drivewray currently serving the Property and Lot 1 will construct a new driveway. S. Proposed Lot 1 contains 2.01 dry buildable acres; and proposed Lot 2 contains 4.37 dry buildable acres. 6. Lot 1 is proposed to have 213 feet of frontage along the Old Crystal Bay Road, and Lot 2 will have 783.28 fleet of frontage along Old Crystal Bay Road. Each proposed lot contains a building site which meets the RR 1 B setback requirements of 50' front and near and 30' sides. 7. The proposed lots will be served by individual on-site sewage treatment systems and private wells. Each lot has been tested and shown to have primary and alternate conforming septic system drairrfield sites. 8. Three delineated wetlands east on the Property. One wetland straddles the lot line between Lot 1 and the neighboring property to the north, another straddles the lot line of lot 2 and the neighboring property to the east The third is looted in the southern third of Lot 2. All wetlands will be subject to the standard wetland preservation requirements including granting of Wetland Flowage and Conservation Easements. 9. The Planning and Park Commissions recommended the Developer grant a 10 -foot easement along Old Crystal Bay Road for future trail purposes. A trail easement will be granted as part of the subdivision along the westerly 10 feet of the Property for potential future City trail construction. 10. Both proposed lots will contain suitable area meeting all established setback requirements to allow the construction of single family residences. 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 grant$ Preliminary Plat Approval for a 2 -lot plat per the Preliminary Plat survey/drawing by Gronberg & Associates, dated 6123115 and attached hereto as Exhibit A. subject to the following oonditions: 1) The Preliminary Plat approval granted by this Resolution shall expire one year from the approval date (July 13, 2016). 2) 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 evidenos that all required MCWD permits have been obtained. 3) Development Fees. Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL i a) Park Dedication Fee. The development is subject to the standard Park Dedication Fee for 1 new lot x $5,550.00 per lot = $5,550. b) Storm Water and Drains a Trunk Fee. The development Is subject to the standard Stone Water and Drainage Trunk Fee of $3,840 per acre x 2. total acme (Lot 1 only) _ $7,680 (`Fee will be determined based on the current Fee Schedule at the time when the final plat application is made.) 4) Approval of the Final Plat is subject to compliance with the existing and ongoing recommendations of the City Engineer. 5) In order to facilitate preparation of the final documents, as soon as feasible, the Applicant shall submit to the City written legal descriptions for all required easements as noted herein. 6) Easements Required. 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 drainage where required, subject to City staff approval. b) A Wetland Flowage and Conservation Easement shall be granted over wetlands and wetland buffers on the Property. c) A Public Trail Easement shall be dedicated over the westerly 10 feet of the Property. FINAL SUBMITTALS The following list of final submittals must be submitted to the City at least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Dn3wing to include: A. Lot lines platted per preliminary plat survey/drawing by Mark Gronberg of Gronberg & Associates dated 6-23-15 attached hereto as Exhibit A, except as modified herein. B. Dedication of "Drainage and Utility Easements" 10' along exterior Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 5 2 0 prop" lines and V along the interior property fines. C. Dedication of "Drainage EasemenW over all drainageways. D. Depiction of the wetland boundaries. E. Naming c f plat. 2. Plat approval fees to be paid: Total due: $13,630.00 A. Final plat fee: $700.00 B. Park Dedication Pee: $5,550.00. C. Stormwater and Drainage Trunk l=ee: $7680.00 3. regal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City covering the Property. 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. Trail Easement. D. Signed Wetland Flowage and Conservation Easement. E. Signed Covenant to Protect DralrNfeld Sites. Page 4 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6520 Adopted by the City Council of the City of Orono on the 13' day of July, 2015. Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Iv. irx &ft. Lill Tod McMillan, Mayor Property Owner This instrument was acknowledged before me this _ day of , 2015 by George C. Funk, husband of Judy A. Rogasheake. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 21315 by Judy A. Rogoeheske, wee of George C. Funk. Notary Public Page 5 of 5 Resolution WHITE OAS FUNS A EXMblttTA 1MTMMARY T AND =RTIFI F R�l�l FORGE � ON OF TETE CITY COUNCIL OF LOT 1. BLOCK 1. WE= OAS O RLOOK swrHRRMWM d�—QTY.'UN OTA %\ I ,- . — `,�4 Ile + � L,E4YIL OE901�11�Mr CF �� }( t d f } ;4 LAR 1. id< 1. MIRE CNK dYFJL= � f f i a s I -M. a hm swim w k+M Taft0 MAW &. w °w ft m"1 p bbwdb is _ dw 'wo" doowp d �q �sjq�.P�aow Op *KyRp�O AND �• «� AA7i O�iiJ! l INC. V,L old �w 11.I• Date Application Received: 8/8/16 Date Application Considered as Complete: 8/8/16 60 -Day Review Period Expires: 10/7/16 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Y"-4 Date: September 12, 2016 Item No.: 15 Agenda Section: Planning Dept. Item Description: #15-3749/16-3858, Paul Cameron o/b/o Chamberlain Capital LLC, 185-225 Old Crystal Bay Road North - Final Plat List of Exhibits A — Draft Final Plat Approval Resolution for Adoption B — Final Plat Application & Submittal Narrative 8/5/16 C — Final Plat Drawing D — Final Development Plans E — Proposed Monument Plan F — City Engineer Comment Letter 8/16/16 G — Draft Covenants H — Draft Development Agreement On July 27, 2015 the City Council adopted Resolution No. 6528 granting preliminary approval for a 6 -lot residential plat of the properties at 185-225 Old Crystal Bay Road North. The project has since come under new ownership and the new developer, Paul Cameron of Chamberlain LLC, requests final plat approval in order to finalize the project and proceed. The Developer has completed or has agreed to complete all requirements established at preliminary approval in order to gain final plat approval. Items of Note - The Developer has submitted for Council approval plans for a matched set of subdivision monuments to be located either side of the private road entrance onto Old Crystal Bay Road (see Exhibit E). - The private road will be named Lillian Lane in honor of Lillian Stubbs. - Building pads will be graded on Lots 2 thru 6, creating new Engineered Grades to establish Existing Ground Levels for individual building purposes. PLEASE REVIEW THE DRAFT RESOLUTION, DEVELOPMENT AGREEMENT, AND COVENANTS. Staff and City Attorney have drafted the Resolution and Agreement, and the Developer's attorney has drafted the Covenants. The Covenants have been reviewed by staff and the City Attorney and appear to address all topics required based on the Preliminary Plat Approval Resolution. #15-3749/16-3858 September 7, 2016 Page 2 Similar to the Mooney Lake subdivision approved in 2015, the private road in Outlot A is subject to private easement and maintenance covenants, as well as an underlying access easement to the City, all contained within the Developer's covenant document. However, an easement forun blic access is not being granted, which makes this truly a private road as compared to most others created in Orono since the 1970s. Staff and City Attorney note there is minimal if any risk to not requiring an underlying public easement when certain conditions exist. Those conditions exist here and include the following: The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and The Developer has established covenants that require homeowner maintenance of the private road, yet allow the City to provide for maintenance if the homeowners do not do so, and to assess the homeowners for that work. Staff Recommendation The final plat approval resolution is drafted such that filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. This includes the City having in hand the issued MCWD permits, Hennepin County access permits, Letter of Credit and escrow, signed Development Agreement, signed covenants, etc. Staff recommends that the Council adopt the attached resolution, subject to staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. COUNCIL ACTION REQUESTED Motion to amend or adopt the attached resolution entitled A Resolution Approving the Plat of Crystal Bay Estates - File #15-3749/16-3858. Council CITY OF ORONO Exhibit A RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF CRYSTAL BAY ESTATES - FILE #15-3749116-3858 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on July 27, 2015 the City Council adopted Resolution No. 6528 granting preliminary plat approval for a 6 -lot single family residential subdivision of the properties located at 185 & 225 Old Crystal Bay Road North (hereinafter the "Property") in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, on July 21, 2016 Chamberlain Capital LLC, a Minnesota limited liability company (hereinafter the "Developer") made formal application for an extension of the effective period of preliminary plat approval; and WHEREAS, on July 25, 2016 the City Council adopted Resolution No. 6653 granting a one-year extension to the effective period of preliminary plat approval, to July 27, 2017; and WHEREAS, on August 8, 2016 the Developer made formal application for final plat approval for the Property; and WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 6528 and has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements and conditions of Preliminary Plat Resolution No. 6528. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6528. 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and execution of a declaration of covenants for the permanent flowage and preservation of wetlands, and establishment of wetland buffers and buffer maintenance provisions per the requirements of the Minnehaha Creek Watershed District (MCWD). Page 1 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 00 4. Execution of covenants and restrictions regarding road, drainage and utility easement to be granted to the City over the private road in Outlot A, and execution of a declaration of covenants regarding the private road easement and maintenance of said road. 5. Execution of covenants and easements for stormwater management facilities including establishment of stormwater system maintenance obligations. 6. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading, stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and erosion control plan. 7. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 8. Execution of a Development Contract including provision of financial security including a Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, and to establish conditions for fixture development of the site. 9. Payment of development fees as established in Resolution No. 6528 as follows: a. Park Dedication Fee: $22,200.00 b. Stormwater and Drainage Trunk Fee: $46,080.00 WHEREAS, City staff and consultants have reviewed the plans for this subdivision and hereby specify approval of each plan and identify them as part of the official record for CRYSTAL BAY ESTATES (Plans B thru N shall not be attached to this Resolution): Plan A — Plat of CRYSTAL BAY ESTATES Plan B — Sheet 1 of 7: Title Sheet (last dated 7/18/16) Plan C — Sheet 2 of 7: Existing Conditions & Demolition Plan (last dated 7/18116) Plan D — Sheet 3 of 7: Final Street Plan (last dated 7118/16) Plan E -- Sheet 4 of 7: Final Grading & Storm Sewer Plan (last dated 7/18/16) Plan F — Sheet 5 of 7: Final Erosion Control Plan (last dated 7/18/16) Plan G — Sheet 6 of 7: Landscape Plan (last dated 7/12/16) Plan H — Sheet 7 of 7: City Details (last dated 7/12116) Plan I — Sheet SW: SWPPP Plan (last dated 7/18/16) (Incl. Plans E & F) Plan J — Sheet DA: Drainage Areas (last dated 7/18/16) Page 2 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Plan K — Sheet TSI of TS2: Tree Plan (last dated 7/12/16) Plan L — Sheet TS2 of TS2: Tree Survey (last dated 7/12/16) Plan M — Conservation Design Report and Management Program by Svoboda Ecological Resources dated May 26, 2015 Plan N — Monument Design — Sheets 1 thru 3 by Tivoli Build Design dated 8/23/16 All of the above noted plans are subject to any additional requirements of the Minnehaha Creek Watershed District and subject to any additional requirements and conditions specified by the City Engineer. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6528, the City Council of the City of Orono does hereby approve the plat of CRYSTAL BAY ESTATES, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: 1. Development within CRYSTAL BAY ESTATES is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6528, and subject to the provisions of the Development Contract for CRYSTAL BAY ESTATES dated 2016. 2. The City Council hereby approves the proposed private road name Lillian Lane as requested by the Developer. 3. As noted in Resolution No. 6528, for zoning purposes, the north and south yards of Lots 1 and 6 will be considered as front or rear yards; the side yards abutting Old Crystal Bay Road will be considered as side street yards; and the yards abutting the west boundaries will be considered as side yards. 4. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 5. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Senior Planner and City Engineer that all requirements of the platting regulations have been satisfied. 6. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before March 12, 2017 together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. Page 3 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL "s The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 12th day of September, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 4 of 4 EXHIBIT A RESOLUTION NO. LEGAL DESCRIPTION OF PROPERTY The following property in Hennepin County, Minnesota: The South 5 and 1/3 acres of the South 16 acres of the Northeast 1/4 of the Southwest V4 of Section 33, Township 118 North, Range 23, West of the 50' Principal Meridian, Hennepin County, Minnesota; and The North'/4 of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota. EXHIBIT B RESOLUTION NO. FINAL PLAT DRAWING (Attached on following page) Cham6erfain Cap 'tai .GLC Council Exhibit B August 5, 2016 Michael P. Gaffron Senior Planner City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Subject: Crystal Bay Estates Permit File # 15-3749 Dear Mr. Gaffron; Chamberlain Capital LLC is pleased to submit the enclosed final plat application package for Crystal Bay Estates development permit #15-3749. The preliminary plat was approved duly 27, 2015. Chamberlain Capital LLC became the owner of record on June 17, 2016. The preliminary plat approval was extended for one year by council vote on July 25, 2016. The following revisions were made to the documents which are enclosed with this submittal. 1. Septic fields on lots 1 & 4 were repositioned to make more optimal use of both lots. 2. The home on lot 1 was rotated 90 degrees and its driveway relocated. This new orientation will provide for a shorter driveway and matches the other home orientations in the subdivision relative to Lillian Lane. 3. An entrance monument easement was added on the south side of Lillian Lane to mirror the monument easement on the north side of Lillian Lane. 4. A maintenance easement was added to lot 5 encompassing an area which includes the filtration basin in favor of the HOA, City of Orono and Minnehaha Creek Watershed District to facilitate non -owner access for monitoring and maintenance purposes. Enclosed Application Materials 1. Final plat review application 2. Application escrow agreement 3. Data privacy advisory acknowledgement 4. New soil and percolation testing report for relocated lot 1 septic field 5. New soil and percolation testing report for relocated lot 4 septic field 6. Crystal Bay Estates — lot area calculations (gross, wetland & net area) 7. Title opinion letter by Moss & Barnett 8. Minnehaha Creek Watershed District conditional permit approval letter # 3858 11578 Chamberlain Ct, Eden Prairie, Minnesota 55344, (952) 649-7653 RECEIVto AU8 Q 5.2016 CITY OF ORONO 9. Monument plan 10. Lot 1 — monument easement exhibit 11. Lot 6 — monument easement exhibit 12. Lot 5 — maintenance easement exhibit 13. Phase I -- environmental site assessment report 14. Engineering cost estimate for road and grading improvements 15. Homeowners association document including declarations, covenants, restrictions, & obligations. Please note that the MCWD attorney has reviewed and approved this document on behalf of MCWD. 16. Bolton & Menk - final plat engineering review letter dated 9.9.15 17. Sathre-Bergquist - response to Bolton & Menk review letter — dated 7.12.16 18. Development Plan (2 copies 11 x 17, 2 copies 24 x 36) a. Title Sheet b. Existing Conditions and Demolition Plan c. Final Street Plan d. Final Grading & Storm Sewer Plan e. Final Erosion Control Plan f. Landscape Plan g. City Details h. Final Plat - upon Planning approval of paper version, Mylar will be created and submitted 19. Tree plan & survey (2 copies 11 x 17, 2 copies 24 x 36) 20. Storm Sewer Pollution Prevention Plan (2 copies 11 x 17, 2 copies 24 x 36) 21. Check for payment of fees a. Application fee $ 700 b. Application escrow 10,000 c. Park fees 22.200 d. Stormwater trunk fee 46,080 $78,980 With this submittal letter and materials, I believe all items from the 9.25. 15 final plat punch list are complete with the exception of the following. 1. Developer's Agreement — City of Orono to draft 2. Letter of Credit —After city engineer reviews and approves engineering cost estimate enclosed in this submittal, I will obtain a letter of credit for 150% of the approved estimate amount and submit it to Planning. 3. Mylars — After Planning approves the paper version enclosed in this submittal, I will have the mylar versions produced and submit them to Planning. RECEIVE® AUO 0 5 2016 3858 CITY OF ORONO Electronic versions of all documents included in this submittal are contained on the enclosed USB drive. The attorney handling the homeowners association and the developer agreements on my behalf is Jeff Watson of Moss and Barnett. He can be reach at 612-877-5266 or at Jeff.Watson(o)-lawmoss.com. Please pass along Jeffs contact information to the city attorney to expedite agreement discussions. Please let me know if there is anything missing that you require of me. W- i r - a, W — W. j � Paul Cameron, Manager Chamberlain Capital, LLC RECEIVED AUG 0 51016 3858 CITY OF ORONO City of Orono Subdivision Application Application # Street Address: _ 2750 Kelley Parkway Staff : Orono, MN 55356 4� ( Main: 952-249-4608 fax: 952-249-4616 lt�}sR�aR�� Mailing Address.- ddress:P.O. P.O.Box 66 Crystal Bav, MN 553: Application # Dale Received: Staff : I� Application Fee: Escrow * & $ A In /y. PROPERTY INFORMATION: Site Address: 185 & 225 Old Crystal Bay Rd North Property Identification Number (PIN): 185 PID - 3311823340001 225 PFD - 3311823310007 r:3 N N t : PAIL t ZZjyoa YL�O$0 Date Property Acquired (month/year): 1012015 IR Abstract ❑ Torrens (Please check one) Present use of property: ❑ Residential; number of Units 225 has a home ❑ Other (specify) Zoning District: 1,91111101 APPLICANT I AGENT INFORMATION: (Complete legal names and marital status required foreach interested party) Name(s): Chamberlain Capital LLC _ Phone (primary): 952-649-7653 Address: 11578 Chamberlain CL Eden Prairie. MN 55344 Email: Paul Chamberlainca .com PROPERTY -OWNER INFORMATION: M check here if property owner is same as applicant (Complete legal names and marital status required for each interested party) Name(s): Phone (primary): Address: Email: EXISTING LAND USE: Number of Tax Parcels: 2 Development Size: 15.05 Acres Dry Land .34 Acres Wet Land 15.39 Acres TOTAL, all parcels PROPOSED LAND USE: ❑ Division for Tax Purposes 0 Subdivision for New Building Sites Number of Building Sites: Existing Units: 0 New Units: _ 6 Total Units: 6 Proposed Gross Density 6 Units per 15 acres Minimum Lot Size: 87,497 Square feet dry buildable land Proposed Use (check)o Residential ❑ Other (specify) Subdivision Application — January 2496 Page # 3858 RECEIVED AUO 0 52016 MY OF ORONO AND/OR PROPERTY OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until It Is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant andfor Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your Droiect. Applicant/Agent Signature: J Applicant/Agent Signature: For Chamberlain Capital LLC Property Owner Slgnature: �W� Property Owner Signature: For Chamberlain Capital LLC Date: 8.5.16 Date: Date: 8.5.16 Date: RECEIVED AUG 0 5 416 Subdivision AAplimtiOn —January 2016# 3858 Cii'iY' QF (*ONOPage 4 CRYSTAL BAY ESTATES LINE TABLE TAG $ LENGTH DELTA RADIUS BEARING/ CHORD BEARING CHORD DISTANCE L1 29.99 589.13.11"E -% _ v L _/-\ I I\ L_ !-1 U LJ I I I \J 1 V --- S89"13'11"E 1322.52---N. LINE OF THE S• 5 1/3 ACRES OF THE S. 15 ACRES OF THE NEI/4 OF THE SW /4 OF SEC.33 AND E LINE OF CLAIRE ADDITION I DI- 277.48----�----374.54 - - - - - � - 323.64 v m f �\\ � I 313.86 1 / �o•�� I I I I I I II LIJ n 4. L 1 J�, I I I I ! II =11 i 4I I 3 I I 2 NII 1 I f -9. LINE OF THE NEI/4 OF THE 5W1/4 OF SEC.33 pl `O� f C + n 'e ' N. LINE OF THE SE /4 OF THE SWI/4 OF SEC.33 I I G" w I y �� �` \o/ zeta \�, X04 1 &-10°54'38• �15.2G pNET LAND , / / S A7.� a` I I 99.97- J L y +40.5520' D (NAGE EASEMENT --.��y \ % EAST $ li'f3 e''8OO 9 la) - e ~ IJ' NpT I l �- �''_ 4als•39'Izn I I 7,01'49° r 88.5 r a 2 .52 44, I _ °iP 51.53 IO O \ f 6-19°21'35"-� N �f� I 38 1 4t \ \ IIT � � 59 `38,06 56.28�� coil Q�� I5°�'50a L Z \ L� EncE GF WET urdD \ �ab�7$\\ ps' nf'fe { Nl - L B r oUT1 A �lba.n� I 4 g� h _ s 0x229.07 a'25'14'SB' ^� 2B. m n N86°48'40 -E 308.75 14-`AT,t�3� R-saoD Q �Lsi �55 196.34 l+'� u�•E eNT Ny -� �'' 4q��Zf•!+Ji a 3v.a p Sj-. ryl �23.41'OI° R.soD-oD � Rte •,sTtLt �s1-- 217.62 _ ! + R'4oa'ao I uI �101.25f 1816 ~- $ �BaoB�_ e� i " _(N owl 4 at2fi°14'58" �l�s� ar5.45'sp• -_.,r 217.01 - f r 168.57 f ! 44,E la r day? /o^ o S 108.59 �15 EAST u5.st3 S� J� ,y� p�14°51'05° = LLJJ 4 "4,545'S0" to vi°s Q // ° �� Iw \� 1 •e 7a2o� \ TkAj9 N ml 7� Nti6'39'54"W 139.74 �� WE91 T LANG S^ J DRNNAC4_ EA MENTSJ�" M� -` / J 814. 7 - - - �4z52 - � s 54.e �s- - 676_98-- 588"15'23"E 1324.86 - \- S. LINE OF THE NI/4 OF THE SEI/4 OF THE SWI/4 OF SEC33 L)nl I II\Il� `yf'� kAr_-Af-\r\1A/^TI II n I\VL_L.IIV\7 "7�'I IVIL_!-1UVYY.; I x111\U /-IUUITIVIV KNOB' ALL PERSONS BY TI IESE PRESENTS: That Chemberlaln CapihI, LLC.,e W6ml6al8 Gmitad l®billy c"mpury, fee�111er of ue foHnwing}describud pvopeny sil»dmthe 5nse of Mmnesala. STATE OF MINNESOTA. COU`QTY OF HEITNEPIN Cmmsy pf Heaneptn, m wit: This inatrPahFmr was aolmowledgd befomnledhis_day or ,2016, by David R, PembeMe The South 5 113 saes oflbe South 16 acres art he Nmtheast Qmater ofthe Southwere droner of Section 33, Tomehip I IS Nash Rmhgc 23, West.nhe Sd1 PH.6pal Merkdhn, aaaNna to the U.S. Gemems-1 Survey thereof, located in Heanepb, Comity, h%aamn. My Commust'. F.xpheR.,- Aad The Nwth-hemi th (NI14) of the SmnheD[ Qpmer(SF 114) of rhe Somhwras Q es- (SW U4) of Secdnn Tbtrty-o a (33), Towmbip One Hundred Etghmen (113), Rnnpe-L-sty man (23), Helmepin Coany Mi - Has mind thes=es be sarveyed end plotted as CRYSTAL BAY ESTATES and does hereby dedicate to the Puns.. Puns.- tbapubU. .y and the eaem I&f-dminagc and Utility P.M. . shown mh this Fido Lnwimcsswh=afsdd Ch.nbedahhCapftnLLLC, a Minnnds limited liability menomy has cathed thea pma" to W signed by its paper offer this_ dry of 7016. BY: Chamberlin Capita. LLC. Pani Cameron, Pmaidanl STATE OF MINNESOTA, COUNTY OF HENNEPIN The Poregoing insWote t- aekooeledged before me ddr day of ,2016,byPw1 Cameron, Prcsidem, Chamherldn Capital, LI.C.,n Mts.-to limited h*[Ulty -Pany,,m behi if of Rey-imay. My CmrrMaslon EEphta: Iaohay Pobiie, Hennepin Comuty, h46utmom Primed Name SURVEYOR CER"MATE I Dasid B, Pamhertm do hereby e,dfy 1h.this Plat was prcpaed by not oru.der my dmnt uuperAam; deet I= a duty Licemed Land Sum:yw the Shue afMivneaoLL; that du plot is a ewcad apreremtmionotiesb.Pndaryewer fiedi.Mi.a-dunand Lheit arts.01,Sy.3,,tdedwntinpod;tineallr-tea Adepleted ore tc Plnhavebeea,mwillbecwrsstlyartwithind1,1oer.Ilial all war. bowdadea avd wref Inds, as defaed to Mimeson SnNles, Section 565.01, Suhd. 3, as aflhe date ofthl eenifieo[e are chows aid !bald®this plat and all pubScvrayeane �owuaad lbeled w this pia. Daedtis dayof -2016. �g0.a 8j'PY ' SATHRE-BERGQUIST, INC. Mio.dRaoaaLlbmhes Nu40344 d m ae Nofmy Public, Hennepin County, hfinewts Rimed Name ORONO,MTNIMOTA This p1m of CRYSTAL BAY ESTATES was approtad and..T.d by he City Cmmoil efOno Mtmmsnm. area.[. onsaft had shin &3r f .7AIS, 11'"pSe".tbe .sen--, and moomenendo ices oft.Cm.msnnaer.fnnrep.msinn cad sive C.omyXI&-yNk-bave been received byfbe City -flat p-lhad IOdayperiod haselapsed wHamr-ipof sera 4mne1en6 and-memoerdadmu; u provided by Mimeada Statuten, Seed- 505.03, Soi hi isioo 2. By: Mayor By; City Clmk RESIDENT AND REAL ESTATE SERVICES Heao.epid Commy, Mbmaote I hereby ewify that telespay.*i._ ood pd.r yaps have b-,midforlandde hdmodhpW. Dttadehii doyof 2016. More V. Chapin, Hennepin Cotemy Aoddnr By Deputy SURVEY DIVISION Homapin Cenoty, bfbinaMa r1mo-to Mi.nnmle Stabiles Section 393B-565 (19", this Phtbaa been ayX-dlias dry of 2016 Chris F. Maui; Hennepin County Survryor COUNTIRECORDER 11 -pin Cathy, Minneeah I hereby codify that the widei,pM,rCRYSTAL BAY ESTATES wss mamrded in Me office this day or. 2016. Et doIWk_1 Martin M.0 iet, Cminy Resurdar By: Dalm y Council Exhibit C I EI/4 CORNER OF SEG33, TYW.11%.23 / 33DD FIENNNEPIN COUNTY 5/8' PIN + f� 1%189'04'i9"W f 5274.45 - - 33 33 IN h I °�rva fn al io �z �J I 3=1'17�-331.17 J,'>3331-18 330.34< II CJ R _ 132947 I�m 1329.47%? SV4 CORNER SEC.33, TWoHI5, RGF-2i 589.21'59"E 2658.94 H E'PIN OMMTY C.I.M. 3W CORNER SE0.33. TWP.11% RGE.21f /-- L Y ^HENNEPIN COLINTY C.I.M. \/ S LINE OF SWI/4 SEC•33, TWP,118, RSE.23 60 30 0 30 60 120 SCALE FEET • r, CL ` �J WWW I The basis ire the beating system is the south One of the Southwest Qoua of Scetism 33, L I Township 118, Range 73 which esapmcd to bear ✓�' In South R9 d4gtaa 21 minutes s9 aectrade East Gil<[II wl,t')i O� 7•.� C C Denotes a In inch by 14 inch inn pipe sets the D gsonnd and marked by Liocoee Wo. 40344 E -I g D Denotes a nail and disc marked by License No. 40344 • Douse-Fmmd 1mn NLamtmatt lU-r C C Deotlms a Found Csat-7roa-Mo:wnremt > DRAINAGE AND DTILPEY EASEMENTS ARE SHOWN THUS; LIJ I I A Ng GJ 1 I L1J I o fl l ISI LJ_ 33 33 I I 3aDD F o� 65 I - _ NOT TO SCALE Being S feet in width when adjoining lot lines, unless otherwise indicated, end 10 feet in width when adjoining right ofway lines, unless otherwise indicated, as shown on the Fiat SECTION BREAKDOWN Section 33, Township 118, Range 23 ,I1 NEI 4 CORNER SEC.33. TWP.HS, RW -23 4 �HENWEPIN COUNTY O.LM o I'll, 4 I� N I" N r'-wl/4 CORNER 5EC.33, TWP.IIB. RGE.23 I 1 hENNEPIN COMITY 5/5' PIN W EI/4 CORNER OF SEG33, TYW.11%.23 \* I H FIENNNEPIN COUNTY 5/8' PIN + f� 1%189'04'i9"W f 5274.45 - - i3n-2l 13�5.2� z84D.oz - IN h I °�rva fn al io �z I 3=1'17�-331.17 J,'>3331-18 330.34< II NOT TO SCALE IN N � OIN M _ 132947 I�m 1329.47%? SV4 CORNER SEC.33, TWoHI5, RGF-2i 589.21'59"E 2658.94 H E'PIN OMMTY C.I.M. 3W CORNER SE0.33. TWP.11% RGE.21f /-- L Y ^HENNEPIN COLINTY C.I.M. \/ S LINE OF SWI/4 SEC•33, TWP,118, RSE.23 I I'n Pond Area 0,f �k Wetland Area = 7.528 ai Dry Area = 91,180 aF (2.09 Bc) LOT Genas 100,359 sf (2.30 (�0 �r Io ENenMG PROIOBEfi- y, � °i„' MYLSaLO eAn�suaa � t lnksn.7 mn.333s 1,. C P L ,;aYlnWrl al lPfi nRlrmwH aslN3 ^"-'A`�. y - 'WETLAND #1 rf r yy MANAGE 3,.�'"L 1!`. 4 ARBA9811.0 .i , a• I '. 6077M983.0 y e OITTLET.AIA 171NL-B9a0 _ ti Tt Y - 1+.5,406 of (2.65 ac) 5 - - -- y Pond Area = 13,823 sf Wetland Area = 5,945 sf _A. DryArea = 95,636 sf (220 ac) -9 I PUBLIC RIGHT-OF-WAY NOTE: 1. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE COORDINATED WITH THE PUBLIC WORKS DEPARTMENT. 2. CONTRACTOR MUST PROVIDE A MINIMUM 48 HOUR NOTICE PRIOR TO ANY WORK BEING PERFORMED. H u ;Gfell 50 25 0 25 50 100 -- - --.. SCALE IN(FEET EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OFANYAND ALL EXISTING UTILITIES BEFORE OOMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. I� 2 a -- 100-0' V21 C �y 5.10 A V in Off 100.01 OF 1023,0 I I I LOr7 Grass: 89,359 sF(2.05 Be)Pond Arno =0 sF _ - Welland Area= 0 sf _ Dry Area = 87,497 Sr (2.01"'t7Y$ _ . . _ �m - - ��"SSOL 3O Glop' 67,497 if (2.01 ac) r L' _ Pond Area =dsr Welland Area = 3 of x i Dry Area = 87,407 ud ("c.01 ac) , Council Exhibit D SYMBOLLEGEND —_—LOT UNE 9UILDINc SETBACK BOUNDARY PARCEL BOUNDARY UNE DRAINAGE AND UTLITY EABENENTB RlQHT-DFWAY FLARED END SECTION WIRl STORM 9n1CTURE LABEL WM-- aEPrIGTOTE -- (~EMERGENCY OVERR93WSWALE SOL SORINGLOCAMON F BENCHMARNIFOUNDIP WETLAND BUFFER MONUMENT PRE. CONSTRUCnON SILT FENS- �POST CONSTRUCTION SILT FENCE SEPTIC PROTECTION FENCING TREE PROTECTION FENCINR UTIUTYPOLE I--�,— TREES.AVED TREE REMOVED - -_ SHEET INDEX TABLE Sheet Description 1 Title Sheet 2 Final Existing Conditions and Demolition Plan 3 k� 4 Final Grading & Stone Sewer Plan 5 Erosion Control Plan 6 Final Landscaping Plans 1000 City Details DRAWN BY yyT-� T T T L7 SATHRE-BERGQUIST. INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY xooW CAVE PEMBERTCN. P.L.S. L_m PETON®SATHRE.COM MBER S. o - LOT 3 II - INDEMNIFY SATHRE-BERGDUIST, INC. OF ALL RESPONSIBILITY. Gross: 66.519 sf (2.03 ac) II , ; � Llnes_,D' Pond Area = 0 aF ,— CHECKED BY Wa6and Aran = D S9 Ory Arae = 67.326 of (2.(10 ac) ,;aYlnWrl al lPfi nRlrmwH aslN3 ^"-'A`�. y - 'WETLAND #1 rf r yy MANAGE 3,.�'"L 1!`. 4 ARBA9811.0 .i , a• I '. 6077M983.0 y e OITTLET.AIA 171NL-B9a0 _ ti Tt Y - 1+.5,406 of (2.65 ac) 5 - - -- y Pond Area = 13,823 sf Wetland Area = 5,945 sf _A. DryArea = 95,636 sf (220 ac) -9 I PUBLIC RIGHT-OF-WAY NOTE: 1. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE COORDINATED WITH THE PUBLIC WORKS DEPARTMENT. 2. CONTRACTOR MUST PROVIDE A MINIMUM 48 HOUR NOTICE PRIOR TO ANY WORK BEING PERFORMED. H u ;Gfell 50 25 0 25 50 100 -- - --.. SCALE IN(FEET EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OFANYAND ALL EXISTING UTILITIES BEFORE OOMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. I� 2 a -- 100-0' V21 C �y 5.10 A V in Off 100.01 OF 1023,0 I I I LOr7 Grass: 89,359 sF(2.05 Be)Pond Arno =0 sF _ - Welland Area= 0 sf _ Dry Area = 87,497 Sr (2.01"'t7Y$ _ . . _ �m - - ��"SSOL 3O Glop' 67,497 if (2.01 ac) r L' _ Pond Area =dsr Welland Area = 3 of x i Dry Area = 87,407 ud ("c.01 ac) , Council Exhibit D SYMBOLLEGEND —_—LOT UNE 9UILDINc SETBACK BOUNDARY PARCEL BOUNDARY UNE DRAINAGE AND UTLITY EABENENTB RlQHT-DFWAY FLARED END SECTION WIRl STORM 9n1CTURE LABEL WM-- aEPrIGTOTE -- (~EMERGENCY OVERR93WSWALE SOL SORINGLOCAMON F BENCHMARNIFOUNDIP WETLAND BUFFER MONUMENT PRE. CONSTRUCnON SILT FENS- �POST CONSTRUCTION SILT FENCE SEPTIC PROTECTION FENCING TREE PROTECTION FENCINR UTIUTYPOLE I--�,— TREES.AVED TREE REMOVED - -_ WETI.,AN0 SERVICES PROVI13FT) BY SV(J80DA ECOLOGICAL RESCURCFS. stoR .IvvATEA RATE cm'PRot_ REQ 111 CEMENTS ALLOW AN AVERAGE OF 14.400 SF OF I'NPERVI0U5 S-WiFACC PER LOT SHEET INDEX TABLE Sheet Description 1 Title Sheet 2 Final Existing Conditions and Demolition Plan 3 Final Street Plan 4 Final Grading & Stone Sewer Plan 5 Erosion Control Plan 6 Final Landscaping Plans 7 City Details DRAWN BY SCHMIDTOBATHRECOM REVISIONS PER CITY 8 WSHED COMFIENTS _ - PLAN CHANOM' SATHRE-BERGQUIST. INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA CAVE PEMBERTCN. P.L.S. PETON®SATHRE.COM MBER RR - zF*Ic s=��ICH= INDEMNIFY SATHRE-BERGDUIST, INC. OF ALL RESPONSIBILITY. Welland= -75' AUG G 5 2016 ; � Llnes_,D' BAY CRYSTAL BA ESTATES ,ZONING: -1B MIN LOT AREA: 2.0 AC AIN LOT WIDTH: 200 FT CHECKED BY I Buildings -20' PLAN CHANGES "' SATHRE-BERGOUIST. INC. RESERVES THE RIGHT TO HOLD ANY ILUMMMATE �, s _ ." TAM 150 SOUTH BROADWAY WAYZA N. SSM (90)47"DOD RSM 05 _ CHF ' 07716118 .--._. OUTLOT CHANGES _ - _. ._ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING - = ., 1-i m� 'IFYS13-50 FT DATE , FROM ILLEGITIMATE USE. DANIELL SCHMIDT, P.E. BYES - 30 FT CHAMBERLAIN CAPITAL, LLC. 07128115 - - -- SYSB STRT-50 FT 5.. p411= 7 I- RYSB-50FT FMAX CDS LENGTH - 1000 FTM `i'06:E9� ' • MIN CURVE 275 FT to 4 5 dp6nN3`• ;tea'' _ - - ®' LOT 8 - _ .. - Groae „g,aea sf Cz 74 ea, Pand Area ="D af- - - - - _�I-�,�,-_ b O o g $_ e�'� : Wetland Area = 1.166 OF 1020.0 „ ,. _y . PREPARED FOR civ w o - 100.0'— HAL,SLa.. NM.,INR.1 xrie 261.ws'. - sf Dry Area = „8.763 sf (2.72 ac) olm Q i o qq „ 44 . 60 � a � � i'f r�l om � i 4' 1 ]] dl. i ii _.L -tall a •i ,a�, ur Ali � - - 100.V l 1.� , PHO iE:9 549.6,�,��;; PHO E:952549.7653 _ WETLAND 42 ;" (10t4.D) I - - - - - MI - _ ��� ,} EMAIL Iv Spuaeonulec — . - 43ANAGE WETI.,AN0 SERVICES PROVI13FT) BY SV(J80DA ECOLOGICAL RESCURCFS. stoR .IvvATEA RATE cm'PRot_ REQ 111 CEMENTS ALLOW AN AVERAGE OF 14.400 SF OF I'NPERVI0U5 S-WiFACC PER LOT I L SHEET INDEX TABLE Sheet Description 1 Title Sheet 2 Final Existing Conditions and Demolition Plan 3 Final Street Plan 4 Final Grading & Stone Sewer Plan 5 Erosion Control Plan 6 Final Landscaping Plans 7 City Details I L r - REVISIONS PREPARED BY I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS SUPERVISION - CITY PROJECT NO. f5r9L� FILE NO. WAYZATA, MNNESOTA55991 01 (NRH OBP2Bf15 t - PHONE: (1162)47B-0000 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT FAX 02) 476,MD4 'S. 13749 _ TITLE SHEET DAN SCHMIDT. P.E. DRAWN BY SCHMIDTOBATHRECOM REVISIONS PER CITY 8 WSHED COMFIENTS _ - PLAN CHANOM' SATHRE-BERGQUIST. INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA CAVE PEMBERTCN. P.L.S. PETON®SATHRE.COM MBER RECEIVED, - zF*Ic s=��ICH= INDEMNIFY SATHRE-BERGDUIST, INC. OF ALL RESPONSIBILITY. Welland= -75' AUG G 5 2016 ; � Llnes_,D' BAY CRYSTAL BA ESTATES - CHECKED BY I Buildings -20' OF .8 5 Notes: 1.) The sapdc area preteDhon fendng location must be Inspected sed approved by the Gly Engineer prier m any land dleturl ing adivelee, _RnWINQ NAME NO._ i BY 1 DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANOIORCONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS SUPERVISION a CITY PROJECT NO. FILE NO. BASE— 01 (NRH OBP2Bf15 t - REVISIONS PER WATERSHED CCIMMENTS _ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT AND THAT I 'S. 13749 _ TITLE SHEET 37885-005 DRAWN BY 02 !NRH 09!21!15 63 bLS OW7116 REVISIONS PER CITY 8 WSHED COMFIENTS _ - PLAN CHANOM' SATHRE-BERGQUIST. INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA _ b ATH R E — B E RG C I ' T I C � NRH'' m "- INDEMNIFY SATHRE-BERGDUIST, INC. OF ALL RESPONSIBILITY. 1' 4J I # X O RONO, BAY CRYSTAL BA ESTATES - CHECKED BY 04 DLS 07112MO. PLAN CHANGES "' SATHRE-BERGOUIST. INC. RESERVES THE RIGHT TO HOLD ANY ILUMMMATE �, s _ ." TAM 150 SOUTH BROADWAY WAYZA N. SSM (90)47"DOD RSM 05 _ CHF ' 07716118 .--._. OUTLOT CHANGES _ - _. ._ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING - = ., 1-i m� MINNESOTA DATE , FROM ILLEGITIMATE USE. DANIELL SCHMIDT, P.E. _i; CHAMBERLAIN CAPITAL, LLC. 07128115 - - -- Date: 071062018 LIC, NG. 26147 5.. p411= 7 I- SYMBOL LEGEND LOTUNE i1 BULDING SETBACK BOUNDARY_ -.--� _ PARCEL BOUNDARYUNE REMOVE EX DFWNAGEANDUTIU7YEA8EA Vl" — REMOVE CULVERT AND ,I FLARED END SECTION I1RIP~ APPROX. 3:2111Sl(- REGRADE DITCH TO STORMEITUCTU RELA-B WELLIATCH EXISTING EMMENCYOWIRFLOWSW—VE _ L— %�' TYFIir *a]Iteiw ,t "I. J. :',:-' _ °;.4 - 1 - .�{"..-w, u•--•-•' ��+ - SOIL RMNG LWAMON I y REMOVE 2 EX. 9FJI p� v...�y�`K I — - -- -- - - , '�; DNLl4RKIPOUNDIP A BLDGS _ — __ '-' �' Y. YYETLANOSUFFERWNUMEN7 I tk y t `ks-m ..�q� .y'�' i f 9`�e !`PRE OONa7RUGTNIN SILT PETITE _ �_— V� 11 p AOST CONSfRUOTION SlT FEN( - I. f k - , \ RE11I10 E EX. _ - �— -- - i --- ti SEPTIIC �Y TEM �' SEPTIC PROT=ON FENCING NG l • •t � - ,� / ,}� I{yj TT¢E PROlECT10N FENCWG I J— J:' -\' -l -\-t i----- '--- LL''.---�--� t .i,n G' �. t `-\ 1 •a\ � �\ �.;'�;>:.'p +< ^r �:,1 i'.v.;a '- @_�•E Si• ° - ,i 'r -r^.tn�' , �VTRIIEUETYOLE i ySAVED N7REE RiMOVEO ---�-- 0REMO)r yLF EX FENGE Or• . - - s +. ... - RI IF FENCE .. 0 F - - - S /� e,l INET IIk"s�_, l IQ IFTPEEFHIOE �) p^ fi ',, ~� 1' `� 7 ` - . y? �+ � i•.� I'\ ®V E APPROX. 8,67 _ 1 � 5 ° c -r- k r" O �PfS 2` SY EX. GRAVEh.- '# - a a c a ` y ��,v -/ A l: tt 1 I\- ?.. •-.� _ _ y v �- "�� :. } FENOE t\ 7 REMC3'1f Eva.: a0 Rs� . r__„i,. .� n - n -t r A • y �# e a a �,50 25 0 25 50 708 r_«�� I•b �y,A�.n-� v i 4� 1 y v e ve ve` y SEPI�a STEM Cof, l,1 „I u v r'- •a -✓ F i a 'l � c l .,} °.a. .^ ' f SCALE IN FEkT _ I � I --�- ,�ey�c e e W"e a '�� a ti pr] .`.av s` c '-�e r,�:.�a`c°��I � ., 'a y'• =A `.: � i C r / e c v, a_ e v v_ •� e v elw e '.. \ .,i`.,,,--,- -- m:y,°.?a. n v t b `13e e v •.-..._::_ ` .l i ,a!' I ., r, .5 e e v, '• v - v '� r v c r': >� v -•a v. .� i >ti' i 5 ' � 4 ys``� °ea• n eva c _ve. .� .,. --.= `tea - ems. � pL---_m-.^ �EWVE 6 EX. N' BLDGS �.� I '�,y II �-~ �' M �v°.a °...c�.,i `•-°a _.*4 Gvvis ar �� ��♦ 4�,_-_._ \ r: �:a '.''a -\� '�y. '� a S — i ,� �� I Y ,. „ , � ; I ..,.--_.�a v.=.�,_ v"--.a_vl \ v r --,r• ) - -. I — t f r _ Iii r� I J•I �.. i ✓ 1 1 \ L RECEIVED NOTE: 1. ALL PERIMETER CONTROL MEASURES AND PROTECTION FENCING MUST BE INSTALLED BY AU I O a QO CONTRACTOR AND INSPECTED BY CITY PRIOR TO ANY DEMOLITION OR LAND DISTURBANCE, PUBLIC RRlCTHLT-OF—WAY NOTE' { 16 CONTRACTOR MUST PROVIDE 24 HOUR NOTICE PRIOR TO INSPECTION. 1 WORK WITHIN PUBIC RIGHT -OF -WAS" MUST 4E 2. THERE SHALL BE NO DRIVING OF ANY CONSTRUCTION EQUIPMENT ON PROPOSED SEPTIC SITES. COORDINATED 4'y±ITF# THE FbL1BLiC WORKS 3858 CjItY OF ORONO C]�€'PJ�7iIAEhlt 3. ONCE EXISTING WELLS ARE CAPPED AND SEALED, DOCUMENTATION SHOULD BE PROVIDED TO 2 CONTRACTOR MUST PROVIDE A MINN`IMtIM "OUB CITY TO CONFIRM WORK WAS PERFORMED IN ACCORDANCE WITH STATE REQUIREMENTS. NQ-nCE PRJOR TO ANY'4VQ;RK OF 4131 PE-RFORMED. DRAWINGLE NO. RENAME 007 NRK ' O8i2B11S 1_ REVISIONS _ PER WATERSHED COMMENTS NFO SIONS — USE IRManON)OFNCLUDING oPn�PRO0UCT183TRICTI.Y PROHIBREO VMITHOIITyyBY ME OR REGl8TEREO PROFESSIONAL titY olR R CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SSU IPE BIONp TI,�.RS °�. WAS C #P53749 "G EXISTING CONDITIONS AND 371S65m5 - REVISIONS PER CITYd WSHED COMMENTS SATHREBERGgUI3T,INC.s EXPRESS WRfffEN AUTHORIZATION. USE WITHOUT �r-T•�y_Eg r�y�.,Dw�' +�-p� INC.OLITION PLAN DRAWN BY U2 NRH 09P21115 .,7 1 _f1 R#.a. 7i+l l� I I'ML.,. _ NRI{ 03 bLS 08!27118 PLANCHANGES' - SMO AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE ANO SHALL THER�Y LAWS OF THE STATE OF MINNESOTA CHE_CKED_BY �1 "roLS'' 07112/18 _ - PLAN CHANGES - - ISDEMNIFA7HREFSATH E-BNRGORESEIING.OFRVES E ALL RESRIGHT T•OnHOLOANYILLEGRIMATE `�:�; h. IBILITN--r- 150 SOUTH BROADWAY WAYZATA,MN. 56991 (952)476-8000 ORONO, r� - 2 RSM _ 05 !CHF , 07718/16 ; T al1TL0T CHANGES USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �'�3 `u'� �' r, - �� MINNESOTA _ DATEI i i FROM ILLEGITMATE USE. DANIEL L SCHMIDT, P.E. CHAMBERLAIN CAPITAL, LLC. 7 0712af15 - -- - - Data: 07100016 UC. No. 147 28ptl• I t 100.0' i 4 s Q 8 Pond lues = 0 ST m r -1 „ s- WaMend Area = 7,528 sf 'c'' y Np uk a o DryArea=91.180 sF(2A9 w) ` �':m a ONlgw ?i 'V `.--,O-OOL�' OL ip ,. L0T4 '*4�'" .n,., In I 100.0' I I ? 100.0' GF 1023.0 ! LO'f'1 Groes; f 00,359 or (2.30 ac) ��i. pC T ET , x v Gross: 87,497 of 12.01 ac) @!p0 `gb X10 oi$ AODM Lf 'g I r ! :SCOTS LOT li , Gloss: d Area = 0 Sf3 ac) Gross. 89,359 BF 05 ec _ w -� - Pond AnBa:O s1. Pond Area = J of T a ISTINa PPAPCS� - °' - " Wetland Ares':= 0 of , Wetland Area Pond Aim = 0O sF ''.' NML earn of WLs�9 OR Dry Area= 87,328 of (2.00 ac) WetlandAm =09f W&M.7 x L m s - - -' Dry Ares = 87,497 sf CLD1 ec) ss x,yy -MOS '. Dry Area = 97.497 sF (201 acj WETLAND #1 MANAGES 1.� ✓.. r � and _ - _. & _ 75v+ "- �"'�'''� _ -_ _ � g�. s4'Ax - ... xilAx-s ai.Ox '- /8-R .r. 5 _ _ �"'ti,..__s..,,.y� .u� - f 3' Jam' .w.r'w•.^ ,:.r,..�"�:.'. .r,..u' ._�.:..`."'� - _ +'... u."+..�..�. _ -. .. -. y Ta- u. w1=7 �... = -- :: RLTKA Oft " saga --._; .w.:. -, "i � _ _ s ... '3- �. _ _r AREA UIAW r•xa '• - 4 BOTTOM. - _ .,..r.�-,.::- :.+- - '•."�c+�.' . CUTLEP 987.9 - -.�- "•'�"""''. HWL-9tl9A _ W �. 100.0' m G, i lara,. vaI b DL Groes: 119,444 sF(2.74 ac) 100.0' - I 115,,406 of (2.65&c) G c Pend Area = 0 sf '- - -. m g o; /PRoPosa, ti- GF 1020.0 SYMBOL LEGEND -k ! a J a ow mml SETBACK BOUNDARY t 100.0' i 4 s Q 8 Pond lues = 0 ST m r -1 „ s- WaMend Area = 7,528 sf 'c'' y Np uk a o DryArea=91.180 sF(2A9 w) ` �':m a ONlgw ?i 'V `.--,O-OOL�' OL ip ,. L0T4 '*4�'" .n,., In I 100.0' I I ? 100.0' GF 1023.0 ! LO'f'1 Groes; f 00,359 or (2.30 ac) ��i. pC T ET , x v Gross: 87,497 of 12.01 ac) @!p0 `gb X10 oi$ AODM Lf 'g I r ! :SCOTS LOT li , Gloss: d Area = 0 Sf3 ac) Gross. 89,359 BF 05 ec _ w -� - Pond AnBa:O s1. Pond Area = J of T a ISTINa PPAPCS� - °' - " Wetland Ares':= 0 of , Wetland Area Pond Aim = 0O sF ''.' NML earn of WLs�9 OR Dry Area= 87,328 of (2.00 ac) WetlandAm =09f W&M.7 x L m s - - -' Dry Ares = 87,497 sf CLD1 ec) ss x,yy -MOS '. Dry Area = 97.497 sF (201 acj WETLAND #1 MANAGES 1.� ✓.. r � and _ - _. & _ 75v+ "- �"'�'''� _ -_ _ � g�. s4'Ax - ... xilAx-s ai.Ox '- /8-R .r. 5 _ _ �"'ti,..__s..,,.y� .u� - f 3' Jam' .w.r'w•.^ ,:.r,..�"�:.'. .r,..u' ._�.:..`."'� - _ +'... u."+..�..�. _ -. .. -. y Ta- u. w1=7 �... = -- :: RLTKA Oft " saga --._; .w.:. -, "i � _ _ s ... '3- �. _ _r AREA UIAW r•xa '• - 4 BOTTOM. - _ .,..r.�-,.::- :.+- - '•."�c+�.' . CUTLEP 987.9 - -.�- "•'�"""''. HWL-9tl9A _ W �. 100.0' m G, i lara,. vaI b DL Groes: 119,444 sF(2.74 ac) 100.0' - I 115,,406 of (2.65&c) G c Pend Area = 0 sf '- - -. m g o; /PRoPosa, ti- GF 1020.0 SYMBOL LEGEND LOT LINE a J a ow mml SETBACK BOUNDARY WaNand Area=flee s, Dry Area = 118,783s1(2.72 —BUILDING PARCELSDUNDARY LINE ` DRAINAGEANO UTILITY EASEMENTS ---FUGHT-0E-WAY _ I FLARED END SECTION WIPIP RAP - ----- 1 ;'4) STORM S'TUCTVRELAWL •_ �' __ WELL -- SEPTIC SITE _ _ 100.0' - _ _ -. _- EMERGENCYOVERFLOWSINALE- _ fi1� �f SOL BORING LOCATION BENCHMARK I FOUND IF - ` WETLAND BUFFER MONUMENT T - 'ia1 �. -PRE CONSTRUOTl;N LTFENCE .-- - POST CONB7IMTIONSILT FENCE SEPTIC PROTECTION FONVNG - TREE PROTECTION FENONG - - _ Ory Area =95,838 of (Z.ZD ac) POLE _?UTILITY TREE SAVS3_- _ TREE REMOVED _ '._ _ 0 a J a ow mml Nnt.m, ; xel. WaNand Area=flee s, Dry Area = 118,783s1(2.72 2 MO Z:'-1 _ I ,solar oRnnrn as rlRs ac) _ _ 100.0' - _ _ -. _- , LLAT -R'S mi y - Pond Ares =13,823,! _ _ _ _.._ _ _ i,, WoUard Area = 5,945'if". '� - ._ _. _ ._ _. _. _ _ ._ _ _ '` _ -' 6 � I m m O b;. -': d,: - - _ Ory Area =95,838 of (Z.ZD ac) � WETLAND ,2 - - 100.9' 1101414,4) k 41 1— if'k r MANAGE3 I — - --_ --- ! 50 25 D 25 50 100 i _ Oi 3 ' - ] LFE IeFEwET'- ULUA- ILAN BI TUMINOUS WEAR COURSE - MNIDOT SPWEB240B (2360 SPECIFICATION) 1060- 1060 3" BITUMINOUS BASE COURSE - MNIDOT SPNW0230B (2360 SPECIFICATION) 8' CLASS 5 AGGREGATE BASE, MNA:)OT 3138' "-:_� r LVC:1133.11' gig! d PUBLIC RIGHT-OF-WAY NOTE: iy -- GEOFABRIC, MN/DOT TYPE V, MIRAFI 500X, SOZISY NON -WOVEN 1. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE HIGH PT STA 0-0.45 HIGH PT ELEV., 1037A9 4 1050 COORDINATED WITH THE PUBLIC WORKS PwSTAi+D9.a9 py1el e�-+nAAx y 050 APPROVEDSUBGRAOE DEPARTMENT. K30.139 q,q 2. CONTRACTOR MUST PROVIDE A MINIMUM 48 HOUR 61.j(3 TYPICAL STREET SECTION NOTICE PRIOR TO ANY WORK BEING PERFORMED. Ti I 1040 mlm 1a4o t 4:1 TO'4:1 TO I ~2'609° MATCH 4:7 4.1 .� 4:f 4'1 ��-� LVC:123.73' MATCH LOW FT STA 8+38.86 VARIES 8' i 3''i S' ;2i 12' 12' ,.. T IT: a' VARIES 1030 LOW PT ELEV: iDDOAa 1030 PVI STA:5+75.00 avl m C5F1nnR on _ --_ DESIGN DATA K:36.00 (STREET SECTION: A 1 .1.5- SPW EB240B WEAR COURSE IMN DOT 2360) 102 gi& l0 1020 3' SPNWB230B BASE COURSE QM DOT 2360) CL 5 AGGREGATE BASE (MN DOT 3136) ',,SUBGRADE FABRIC (8 07JSY, NONWOVEN) (if required) i 6' (2' Wide) CL 7 AGGREGATE SHOULDER 101 m I 1010 CROSS SECTION: CROWN a ':::24PAVEMENT WIDTH # 858 T „`/� 2` AGGREGATE SHOULDER ,��� :4:1 DITCH SLOPE _ :Z TYPICAL DITCH DEPTH 1000 I 1000 3' TYPICAL DITCH WIDTH INSTALL 1S- DIA. CULVERTS FOR EACH DRIVEWAY WITH HOME CONSTRUCTION — T --T-T - �- �—�- g m e'n c1r g $ c n �t m'im $TORMWATER RATE CONTROL REQUIREMENTS 1.6 Ivi o o m o S9i�g'S�g ALLOW AN AVERAGE OF 10,400 SF OF IMPERVIOUS -� rIm�� _ _ SURFACE PER LOT. EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT 10+00 9+50 9+IOD 8+50 5+00 7+50 7+00 6+50 8+00 5+50 5+00 4+50 4+313 3+50 3+00 2+50 2+00 1+50 1+00 0+50 0+100 -0+50 LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXWrING UTILITIES. DRAWING NAME - - NO BY Imo` REVISIONS _ USE (INCLUDING COPYING. DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS SUPERVISION P9 a kpy _CITY PROJECT NO. FILE NO. BASE 131 NRH 08/26115 _ REVISIONS PER WATERSEiED COMME2VT8 INFORMATION} OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT r PREPARED BY ME OR UNDER MY DIRECT q„p THAT I �4 d P #,53749 FINAL STREET PLAN 37865-005 _ DRAWN BY � 132 � 09/21/15 RE111310N3 PER CITY 8, WISHED COMMENTS SATNRE�ERGOUIST, ING.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT +4M A DULY REGISTERED PROFESSION/LL ENGINEER UNDER 'NRH _ _ - LAWS OF THE STATE OF MINNESOTA -__ THE < I SATHRE-BE_RGQUIST, INC. N� � DLS OW7116' PLAN CHANGES SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALLTHEREBY ' ' - -- - - - INDEMNIFY 3ATHREAERGOUi3T.lNC.OFALLRE8PON31BILfTY. a T Y-'-' T ORONO, CRYSTAL BAY ESTATES 3 O„EOp av a4 OLS 07M21,B PLAN GRANGES- n, ` ... - SATHREJBERGOUIST, IMG. RESERVES THE RIGHT TO HOLD a1YILLEGITIMATE ! f& �.-!y,/� `� w;” 15080UTHBROADWAY WAYZATA,MN.55391 (952)478-6000 RSM 05 CHF 07718118 - OUTLOT CHANGES .. USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING ,- DANIELL. SCHMIDT, P.E. m , RY�a MINNESOTA CHAMBERLAIN CAPITAL, LLC. 7 FROM ILLEGITMATE USE. Date: 07,4512018 Tic. No. 26147 PI*,Z� / 07/28115 11 I �1-�Y �• � . � � , F, _^. L I +f4 res so 5 ,� r I I�,Y'` g _ � ��r---- 0000- - o Q ter••_:-.. �',-� Pond"Area=O-qf- Wetland Area = 7,52? of - DryArea=St,180 sf(20i ac) 2.9 HOLDOWFJ 7094.5 rt, Aa. T a a l jy I. - 901 dD�� mi . lj 23 ti - *,t �0=4�^-�HO,LDDOWN 7010105 ^�:k �-��az� LOTS - ��' °O$ ' S -n 43,900 SF] GF 7023 b 1 .' L041 t� Groan: 100,359 of (2,30 ac) 4 4 � '1 : a - � � '� 61 _ � � y r - � i Grnlsa: 87,497 of (2.01 au+ KO �, g� �e'o T�;- Qft `,2-5 HOLDDOWN TOIC20.5 t 1D �m d w i'u c .. �OQ�Xi t ff .� _- cm I� - r - • ._(3,JIOO SF) LOT2 LOT3 13 Gress: 88,519 sf (2.09 ec) Gros: 89,359 sf (2-05 ac) ' ems Pond �tw� T PHr,.' Flee = d � •L. •F °,1,- - Welland Area= 0 sT Pond Araa =oaf �'' NxLau.rt NMLII20 �'- s ,tel Wetlend Area=0oF I Wetlann 4rea =0sf NAIL asz; 7m•_a�o 1 _ ,�, Dry Area = 87,325 of (2.0a a0) act ODry Area 87:4:7 Sr l: d1 Me) taeL7a17mxsxPs cesvwnsolwes -� Dry Area= 87,497 aF (20t 'WETLAND #1 .+i` 5�1 MANAGES f �--r • •97.0 TFjuPORAITYI ..AJJ��_ �• - I.yw-•. Ir -ice a..� ��a •q�p �._, _` ::,_4".e.. _ - '1� _ - _ _ __ _ -i'-',�::`g _ •t.__ _ _ PJYi a --. . I x \ , ;:% ... px. >•....,. �_.-222''2'.' .w, . - - --_ .`� - :r' _ "m-1o�'1'":... .� �'$'� b =� _„ 2222-z� ai.0: - ae7.Ds t � °:'. I -". aar:: 22,22.- .• _ ,.n..v �- - ,:,e': 4 = .�.� _ _- -_ .. �Y- _�- -- - roaor ^"Y+ ,� AREA (SAW." ,. Lie. - _ .. --{ `�25� *-"'•a }y - ys°,7*` -} - eDTTOM:98L0 - b _ ! _ OISTLET:lia7.a � -. 1 � .__ - •-ice � _, _ _ . I s x _ _ -- � r- ,�1�-,��_ _. ,• 1.. I 25°HOLDDOW1NTO 1017.5 "'°??; :r''a.,.t, � J �A 'v. 1 LOTS (3850 SF). I- .I I - _ -1 _ Lor UNE CC�m 2.5 HO,LQQ0Wf1 TO 1005,5 MF+L I pwLrml.i (3,5009F1 Y Sp. Gross: it BA44 it 74 ac 1fO0a �_0121_ .rte Vit- _� : 115,406 of(2.95 !" Ce'a b - , sRRoarvaINR9 :'snoPose, L' !�. Pond Area=0sF GF 1020 0 -- t '9. The bloretentlon soil shall be installed flat at 966.0 (6,500an � WELL, u J rM7.7aaFn . M '4i Wet!"d fuss=1,16571E pry Area =118:763 sr (2.72 ac) s ' �� „� $ -- BENCHMARK I FOUND IP - -J + WETLAND BUFFER MONUMENT �- ° o ci elm Pond Area%- 13,623 _POBTODNSTRL•CTIDNSILTFENDE ' -- SEPTIGP)iiCREOTIONFaNCJNO 4 1111 TREE PROTECTION FENIONG .0001 sf TREE SAVED __ 2221_ •.� 0222.- 1222 awerFCae,51,@yLtlpy.ep,T...: .....,y�a,e -. .. TREE REMOVED -j - MATCH AND MINIMIZE I S.PHOSPHOROUS FREE FERTILIZER - PHOSPHOROUS FREE FERTILIZER WILL ALSO BE USED ON SITE ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE I ! AND DRIVEWAY CONSTRUCTION. Wetland Area - 5,945 aFj2. awnr 2222_ .' .- 17 VARIES 8` 3" 8' 21 12' 12' 2d 8' 13' 8' ... 3. A MONUMENT IS PROPOSED AND A MONUMENT EASEMENT WILL BE .. soL - IN,arru am IN-317USOL '- Dry Area =95,sa8 of qM so) 2202 r?aw� - 0022. ° �--�` WETLAND #2 "' II_.. _ 1014.0) - t.- COMNIDOT SPNW8230B 4. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE COORDINATED WITH THE r 3" BITUMINOUS BASE COURSE - (2360 SPECIFICATION} MANAGE 3 - PUBLIC RIGHT-OF-WAY NOTE: GENERAL NOTES: 1- INSTALL SILT FENCE AS SHOWN ON PLAN, AS REQUIRED BY THE CITY OF ORONO OR DIRECTED BY THE ENGINEER. 2. A TEMPORARY SEDIMENT BASIN MUST BE EXCAVATED AT THE BEGINNING OF GRADING OPERATIONS. ASSHOWN ON THE PLAN, TO PROVIDE TEMPORARY STORM WATER DETENTION DURING CONSTRUCTION. THE SEDIMENT BASIN MUSTNOT BE CONSTRUCTED WITHIN THE FILTRATION BASIN. 3. BEGIN GRADING, INSTALL PERFORATED RISER PIPE IN SEDIMENT BASIN WHEN POND GRADING IS COMPLETE. TEMPORARY DRAINAGE PIPE SHALL BE USED FOR INTERMEDIATE DRAINAGE DURING THE CONSTRUCTION PERIOD AS NECESSARYAND DIRECTED BY THE ENGINEER 4. INSPECT SEDIMENT BASIN, SILT FENCE, AND ROCK ENTRANCE BERM AFTER ALL RAINFALL EVENTS AS REQUIRED BYTHE NPOES PERMIT. 5. REMOVE PERFORATED TEMPORARY SEDIMENT BASIN WHEN THE FILTRATION BASIN AND A14YNECF_SSARY STORM SEWER HAS BEEN INSTALLED AND STABILIZED. 6. SEE SPECIFIC NOTES REGARDING FILTRATION CONSTRUCTION TIMING AND PRACTICES. 7. THE GRADING CONTRACTOR IS RESPONSIBLE FOR ALL STORM WATER INSPECTIONS ACCORDING TO THE MPCASTORM WATER PERMIT. THIS INCLUDES BOTH WEEKLY INSPECTIONS AND INSPECTIONS DONE AFTER A0.5"RAIN EVENT. ACOPY OF THE INSPECTION REPORT MUST BE EMAILED TO THE ENGINEER AND DEVELOPERON A WEEKLY BASIS. 8. THE CONTRACTOR SHALL PLACE AND MAINTAIN AN EFFECTIVE SILT CONTROL DEVICE. INLET PROTECTION SHALL BE REMOVED WHEN RESTORATION HAS BEEN ESTABLISHED. 9. ALL RETAINING WALLS WILL REQUIRE A STRUCTURAL DESIGN, A BUILDING PERMIT aA FINAL INSPECTION REPORT. 10. A 1"-2" CRUSHED ROCK ENTRANCE BERM SHALL BE PLACED AT THE SITE ENTRANCE, TO REPLACE SILT FENCE, AND MINIMIZE EROSION ON TO THE STREETS. THE ROCK BERMS SHALL BE THE WIDTH OF THE ENTRANCEAND 2 FEET HIGH WITH 4:1 SLOPES, 11, THE CONTRACTOR SHALL UNNITAIN POSITIVE DRAINAGE AWAY FROM THESfREET AREAS THROUGHOUT CONSTRUCTION. 12. THE CONTRACTOR SHALL ATTEMPT TO PREVENT SOIL MATERIALS FROM LEAVING THE SITE BYEROSION AND VEHICLE WHEEL TRACKING. HE SHALL BE RESPONSIBLE FOR CLEANING OF STREET, BOULEVARD AND UTILITY FACILITIES THAT RECEIVE ANY ERODED OR TRACKED SOIL MATERIAL OR OTHER CONSTRUCTION DEBRIS OR MATERIAL, 13. EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES, DESIGN DATA STREET SECTION; 1.5" SPWEB24013 WEAR COURSE WN DOT 23801 3- SPNW13230B BASE COURSE (MN DOT 2380) 8" CL 5 AGGREGATE BASE (MN DOT 3138) SUBGRADE FABRIC (8 OZISY, NON -WOVEN) (ff required) 6" (2' wide) CL 7 AGGREGATE SHOULDER CROSS SECTION: 3% GROWN 24' PAVEMENT WIDTH T AGGREGATE SHOULDER 4:1 DITCH SLOPE T TYPICAL DITCH DEPTH W TYPICAL DITCH WIDTH INSTALL 15' DIA CULVERTS FOR EACH DRIVEWAY WITH HOME CONSTRUCTION HOUSE PAD HOLD DOWN NOTES: 1. PAD GRADING IS PROPOSED FOR LOTS 2,3,4,5 S 6. 2. PADS SHALL BE HELD DOWN 2.5' FROM THE GARAGE FLOOR TO THE TOP OF THE TOP SOIL 3. PADS SHALL BE CONSTRUCTED WITH OS` OF TOPSOIL. 4. PAD HOLD DOWN AREAS ARE HATCHED AND APPROXIMATE AREAS ARE PROVIDED IN THE PLAN VIEW OF EACH LOT. S. PAD SHALL BE GRADED TO FINISHED GRADE ONCE THE HOLD DOWN DAYLIGHTS. SYMBOLLEGEND Lor UNE 5. Immediately upon completion of grading the basin, silt fence shall be Installed per the plan to establish - BuILDING soaAcKX DUNDAFIY� perimeter COn4d. --FES Alm;FES i I PARCEL BOUNDARY UNE 6. Six inch draintile shall be incorporated Into the flltration thein s' APRON ;, DRAINAGE AND IrrLm EABEMENre 7. The draintile shall be backfllted with buckshot rock and wrapped in geotextile fabric as detailed below. ', 5 CY CL.3 RISKTOFWAY ' FLARED END SECTION WIRIP-RAP- Type 2 Compost. 990 STORM STLICTUR:LABEL ' '9. The bloretentlon soil shall be installed flat at 966.0 (6,500an � WELL, u J - SEPTIC SITE 11. Filtration basin will not be constructed nor put into use until uphill drainage area is permanently statNEized. I EMERGENCY OVERFLOW SWDLE . I BOL BORING LOCATION $ -- BENCHMARK I FOUND IP - -J + WETLAND BUFFER MONUMENT �- ° PRE CONSTRUCTION SILT FENCE _ �• 0011 _POBTODNSTRL•CTIDNSILTFENDE ' -- SEPTIGP)iiCREOTIONFaNCJNO 4 1111 TREE PROTECTION FENIONG .0001 UnuTY POLE 7 ' TREE SAVED __ 2221_ •.� 0222.- 1222 awerFCae,51,@yLtlpy.ep,T...: .....,y�a,e -. .. TREE REMOVED -j - h� h° NOR7� ,. 25 50 100 L_._1 .,- --L, SCALE IN FEET !FILTRATION NOTES: 1. To prevent sOif compaction, heavy equipment shall not be allowed within the flltratioD basin at any lime. ALL UPSTREAM AND DOWNSTREAM FLARED END SECTIONS MUST HAVE A TRASHGUARD INSTALLED. 3. Relatively light equipment With tracks shall be used to excavate the basin. 14. The bottom of the basin shall be filled a minimum of 12" prior. 1000 1000 1000 1000 5. Immediately upon completion of grading the basin, silt fence shall be Installed per the plan to establish - _FIESA3-- perimeter COn4d. --FES Alm;FES i A2 V APRON 6. Six inch draintile shall be incorporated Into the flltration thein s' APRON ;, R' APRCJFI I,, 6 GY�C� 7. The draintile shall be backfllted with buckshot rock and wrapped in geotextile fabric as detailed below. ', 5 CY CL.3 m�v s.taee ra �-"ffvam 8. The bloretentlon soil trench shall be 240 CY (In-place), consisting Df 75%3149.2J Sand and 25%38901B I, RIP -RAP ; Type 2 Compost. 990 990 990 990 i '9. The bloretentlon soil shall be installed flat at 966.0 (6,500an 970 10.The spillway for runoff Mat is not filtrated shall be constructed and stabilized as detailed below. ! 26.6' 21"ROP 11. Filtration basin will not be constructed nor put into use until uphill drainage area is permanently statNEized. I 28.5'-21'RCP CLA Q 0.37% . I CI -4 @ 0.35% _ FILTRATION BASIN - MEDIA DETAIL Sao ss• $ gen 980 1 990 987 987 - .- VARIES: -. 9. RIP RAP - RIPTABI RAP WILION BETTERED PRONS AND PROVIDE STS 1. THE HOUSE TYPES AND PLACEMENT AND PROPOSED DRIVEWAYS ARE ! 966 m�v s.taee ra �-"ffvam TYPICAL STREET SECTION WILL -SILT FENCE WILL INSTALLED LONGENERD WNDISSIPATIONGGRADIENT AND WOODFI E 2. SLOPE L BE INSTALLED ALONG GOWN GRADIENT GRADING LIMITS AND WOOQFIBER BLANKET FOR ILLUSTRATIVE PURPOSES ONLY. A DETAILED CERTIFICATE OF SURVEY IN-afFUSOL BM ETENTIM1ML 970 S- usammecirar- UTILIZED ON ALL SLOPES 3:1 OR GREATER TO PROVIDE WILL BE UTILIZED G SLOPE STABILIZATION. WILL BE PREPARED FOR EACH LOT, CONFORMING TO THE THE CITY S98 985 985 990 965 LL DITCH TOP 3. BIOROLLS - BIOFLOLL3 WILL BE INSTALLER ALONG THE STREET DITCH TO PREVENT SEDIMENT FROM REACHING THE REQUIREMENTS. aOTTOMOF SHEF' 92>A'sOT ROOK Lr- _ ealM CMa FPe'RF?kaFt'C.T:p SOC9 WRAPOLCRBUCKBHOT RgClCWIM, INFILTRATION BASIN AND ULTIMATELY DOWNSTREAMWETLANDS.SETBACK I WETLANDS. I 2. TREE CLEARING WILL BE REQUIRED FOR THE ROAD AND STORMWATER 4 1111 _ u.v9°+�+!T.!^�."_.3."e'?sa+mi.» 2p N4%. '6ffi6."1 dEOTE)tTLE FABPIC� f 4:1 TO 4. STREET SWEEPING - STREET SWEEPING WILL BE DONE A MINIMUM OF ONCE PER WEER OR MORE FREQUENTLY70 CONTROL ! DUST VEHICLETRACKONG. MANAGEMENT CONSTRUCTION. THERE ARE TREES SHOWN IN RED, THAT 984984 __ 2221_ •.� 0222.- 1222 awerFCae,51,@yLtlpy.ep,T...: .....,y�a,e -. .. -- 988 MATCH 960 MATCH AND MINIMIZE I S.PHOSPHOROUS FREE FERTILIZER - PHOSPHOROUS FREE FERTILIZER WILL ALSO BE USED ON SITE ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE I ! AND DRIVEWAY CONSTRUCTION. - ..- awnr 2222_ .' .- I :n �! Im ,sn }zi iz �I 970 970 0+00 1+Du80 -0+50 �! Z 970 960 0+00 1+00 ONSITE BMPS CRYSTAL SAY ESTATE PROJECT NOTES: 9. RIP RAP - RIPTABI RAP WILION BETTERED PRONS AND PROVIDE STS 1. THE HOUSE TYPES AND PLACEMENT AND PROPOSED DRIVEWAYS ARE ! SPILLWAY/OVERFLOW DETAIL TYPICAL STREET SECTION WILL -SILT FENCE WILL INSTALLED LONGENERD WNDISSIPATIONGGRADIENT AND WOODFI E 2. SLOPE L BE INSTALLED ALONG GOWN GRADIENT GRADING LIMITS AND WOOQFIBER BLANKET FOR ILLUSTRATIVE PURPOSES ONLY. A DETAILED CERTIFICATE OF SURVEY UTILIZED ON ALL SLOPES 3:1 OR GREATER TO PROVIDE WILL BE UTILIZED G SLOPE STABILIZATION. WILL BE PREPARED FOR EACH LOT, CONFORMING TO THE THE CITY S98 - � ��5' � --� � � - - 990 LL DITCH TOP 3. BIOROLLS - BIOFLOLL3 WILL BE INSTALLER ALONG THE STREET DITCH TO PREVENT SEDIMENT FROM REACHING THE REQUIREMENTS. k ran Lr- _ ealM CMa INFILTRATION BASIN AND ULTIMATELY DOWNSTREAMWETLANDS.SETBACK I WETLANDS. I 2. TREE CLEARING WILL BE REQUIRED FOR THE ROAD AND STORMWATER 4 1111 _ u.v9°+�+!T.!^�."_.3."e'?sa+mi.» 2p 2 4:1 TO_J f 4:1 TO 4. STREET SWEEPING - STREET SWEEPING WILL BE DONE A MINIMUM OF ONCE PER WEER OR MORE FREQUENTLY70 CONTROL ! DUST VEHICLETRACKONG. MANAGEMENT CONSTRUCTION. THERE ARE TREES SHOWN IN RED, THAT 988 __ 2221_ •.� 0222.- 1222 awerFCae,51,@yLtlpy.ep,T...: .....,y�a,e -. .. -- 988 MATCH 4��;y >�''@�X-` 4:1 MATCH AND MINIMIZE I S.PHOSPHOROUS FREE FERTILIZER - PHOSPHOROUS FREE FERTILIZER WILL ALSO BE USED ON SITE ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE I ! AND DRIVEWAY CONSTRUCTION. - ..- awnr 2222_ .' .- 17 VARIES 8` 3" 8' 21 12' 12' 2d 8' 13' 8' VARIES 3. A MONUMENT IS PROPOSED AND A MONUMENT EASEMENT WILL BE 'rR�ITu soL - IN,arru am IN-317USOL '- I 1-5" BITUMINOUS WEAR COURSE - MNIDOT SPWEB240B (2360 SPECIFICATION) OBTAINED, 986 986 COMNIDOT SPNW8230B 4. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE COORDINATED WITH THE r 3" BITUMINOUS BASE COURSE - (2360 SPECIFICATION} PUBLIC RIGHT-OF-WAY NOTE: WORKS CONTRACTOR PROVIDE AMINIMUM48 1. WORK WITHIN PUBLIC RIGHT-OF-WAY MUST BE HOUR CEPRIORTOANYWORKBGPERFMUST V CLASS 5 AGGREGATE BASE, MNIDOf 3138* HOUR NOTICE PRIORTOfNrwoRKBEINGPERFORfnED. STORMWATER RATE CONTROL REQUIREMENTS ',,.. GEOFASRIC, MN/DOT TYPE V, MIRAFI 50OX 8OZ1SY NON -WOVEN ALLOW AN AVERAGE OF 1 D,440 SF OF IMPERVIOUS COORDINATED WITH THE PUBLIC WORKS DEPARTMENT. SURFACE PER LOT. 2MINIMUM APPROVED SUBGRADE _ k NOTICES P IOR O N ANY WORK BE GPE PERFORMED. DRAWING NAME NO. r BY OATS I rn- - SIGNS - USE (INCLUDING COPYING, DISTRLBLITION, AND/OR CONVEYANCE CP I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS SUPERVISION a kpy� CITY PROJECT NO. FINAL GRADING 8Y FILE NO- _ BASE 01 NRH 88128115 REVISIONS PER WATERSHED COMMENTS INFORMAlTON1 OF TH15 PROpUCT ES 3TRICTLYPROF[IBTTE:p WITHOUT PREPARED BY ME OR UNDER MY DIRECT AND THAT I I _., DRAWN BY Q2 NRH 0Sf21M5 REYISION5 PER CITYS WSHEO COMMENTS SATHRE-SERGgUIST,INC.'s EXPRESS WRJTfEN AUTHORIZATION. USE YATHOl7f AMApULY REGISTERED PROFE9S[ONAL ENGINEER UNDER THE ___ "PUW CFtANGS - ' -- l SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OF MINNESOTA ¢R5 gp, y, SATHRE-BERGQUIST, INC. #153749 STORM SEWER PLAN 37885-005_ NRH 03 _. pL3 06r2T119 --CHECKED BY 64 i DLS 07112h6 -- - PLAN CHANGES `{-" _ INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. k- ^ r ;:r `=' 0000- - - -- - - - -- SATHRE-BFAGQUIST, INC. RESERVES THE RIGHT TO HOLO ANY ILLEGITIMATE ! ` n f ' t .; - o 150 SOUTH BROADWAY WAYZATA, MN. Mast (882)4765000 m ©R®NOt CRYSTAL BAY ESTATES . 4 RSM os cHF o7riens OUTLOTCHANGES rl.lct.r, 4� ',r - - - - - - - -- - USER RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING PARTY LE m MINNESOTA SLY .SCHMI T DATE _ DANIEL L. SCHMIDT, P.E. -FROM OR T - �I' d meg'° P *�� CHAMBERLAIN CAPITAL, LLC- 7 0DATE Data. LIeNo. 28147 Lu 52 EDF SYMBOL LEGEND _ - LQTLINE eUILDINGSETRAM(BOUNDARY PARCEL BOUNDARY LUNE - rt`DRAINAGEMOLrrEmEnseNENTsM---��I ■e.e a - _. ��:'�� � - - -- - - , • ,�_ RIGHT-OF-WAY FLARED END S=DNWma-W �`'7II1Iq.•���3I� L.. I II ^� � �;�-'I s _� � I - _ SfORAISNCfLRE1ABEL - II I^ „M ' I •``` - '•� . .r ' T - f. f — IDDDI! ."�II'� I _ WELL SEPTICSITE 1f I i I � L ♦ '' ~t'' -a,. � �# �~- 'N _ - _, " '� � r0 --mss "� .} - 9MRo04cvo%%I+FL0W SWALE r ~ ^}'+ij' ._LOT 4 .' 4,..��3` }. '�\p'\¢,• �/�{,�qJ , i \ro.S i iw k 5.. I , a _ _- _Gl �§ _ �' .`_j. 10R0�.�W6` -� T(bil;aw'<Yll - .F +a -P_- 1 i�} r�r 4, - . ^,'' 8,7.,)7. n Y a � F?•,Mom.r•�, O1-sO �p, -�m j' •rc. � kn 5ffi2 —a0�._1L..BD__R_W_GLDUhavPond Area =Oxf p gW04 ,y Wetlad Aa=7,b's_ r BENCMMKK( FOUND lPto Dry Area= 91,1aDat(2.D,�c) sDl�� oWEMNDBUFFERGOJME NT,� PRE CDNMRwnoN sILTFF 1060OF 10236 POST CONSTRUCTONa1LTFENCE E W LOTIr emu: 10 42130 ac) Gross: 87,497 at (2.01 eL�, 9EFMC PRDTECTK)N FENCINQ O RtOTEGON FENCNQO TREE � - —• ? k - 4,S.e_i In r # �,r •w� UTILRY POLE.— �. i I-' r: _. r. +a 100:0_ 4S9 1s�-�e1 r j7rro; C tidS .. I +, ® - _ - .COT9 6� x '-^,. TREESavED `� ,0 .M1 . r lssg rtx.#'.. _ _ Gross: 88,519 BT(2.03 ac) LO2--- _. Gross: 89,358 N(2.05 ac) - _ _ - _ TREE RENavEo - aaA Pone Area - Oaf e,arnrow. -' �' - v - _ wetland Area;= o tr Pend Area = o ar _ _ _ - - - Par; Area = oar NmNMlra20 Wetland Arco = O Sf - _ . . HWL raex MLm a - D ;' Area n 87,328 sf OD ac _ WBdanO 4rea = 0 sf - ) - D Area 87.6-17 sF tZ u1 act ` uFm'Nz� Nae nRaenw zd xRe � �T+° Dry Area = 87,497 aF C�1 `. � I e w "� WETLAND #1 r , a I affia� - - - _ r •.., MANAGE 3-T. TxFAII,EN1 f eMlrtd / - Or •J: sB ,+� p -.,taw - L _,"�:_ ,Dura ._. '..;7 xefo j , q,.:.owr• -- - _.L kos� _ I S 4r o� AX � �A. �� ».,� � - ._ti., L. I _ � c _- �.' ..0 _ X741'} - `� .I•: t ! I S x+EA�e d BDYFOIf1:9B8A7a2� - . m DITILET-97.6' _ +, rfeat eaOA (17 .,P.rl.,�•u s., - - I 1 �: _ ; __ __- - _ x µµppyLLa�1 _ 0 Vis, "� -� Gro 9: 119,444•af{2.74ac) e - opnv^TMa - II- _ _.�P -' _�QndArea=Dsf r 1 .5,408 of 52.65 tta-'b o' _ ~.. e �$ 0'PROPD9ci GF 1020A `;�- =_ '�k c�n�c �r. ., . �, 100A' l_ -m.,, v *,-. P• � s�fj ,DnNxwDLwiNFo��me:a� r+Bi _9�(#( i �'. -- Wetland Area -11 86 Dry Area =i 2.7aar2.7 2 ac) o_e 1:`ea Oom rCDQ or o 5`0 25 D hR 25 50 ! 4 ' 100 rDi 0 -%MNqIN FEET'PDnd =55sf_ ffI",,WatlandArea. E:= Dry Arm 95,638 sf 220 ac),WETLAND #2 .,i. MANAGES �r•...g;..--:"g_,-:T_--s-___-___-_--__-______-_ SI s RECEIVED 'i � AUQ 0 52o16 ri' CITY OF ORONO a . °^334..4 FILTRATION NOTES: 1. To prevent soil compaction, heavy equipment shall not be allowed wtltdn thefi8ration basin atanytime. PUBLIC FRIGHT.DF-VVAY NOTE; 3. Reladvely light equipment with branks shall be used to excavate the basin. �, W I(yrlflTF'IGN F+LI 66 ii GH14�)F-WAY MUST HE NOTE:# 8 85 4. The bottom of the basin shall be tilled a minimum of 1T prior: COORDINATED WITH THE PUBLIC WORKS 5. Immediately upon completion of grading gra basin, sill fence shall be Installed per the plan ro establish 1, ALL PERIMETER CONTROL MEASURES AND PROTECTION FENCING MUST BE INSTALLED BY CONTRACTOR AND INSPE=CTED BY CITY perimeter control. DEPARTMENT PRIOR TO ANY DEMOLITION OR LAND DISTURBANCE, CONTRACTOR MUST PROVIDE 24 HOUR NOTICE PRIOR TO INSPECTION. 6. SIX inch draintile shall be Incorporabad Into the filtration basin 2CONTRACTOR MUST F"R{3VRF3E A 4IINRA1URlr148 HOUR 7. The draintile shall bobackfilled roc* lled with buckshot roand wrapped in geotex0la fabri. c as detailed below. 2. DOUBLE SILTFENCE MUST BE INSTALLED ADJACENT TO WETLANDS WHERE GRADING IS PROPOSED WITHIN W OF THE WETLAND. 8. The bioretention soil branch shall be 240 CY (In-place), consisting of 75% 3149,2.1 Band and 25% 3890.26 NCF"CE PRIOR TO AN Y WORK LSE IN'G FMFORMM Type 2 Compost 9. The bioretentlon soil shalt be Installed fiatat9W.0 (6,5DDsf) - - -- SILT FENCE (3,620 LF) - BIO -ROLL tO.The spillway for runoff that is net filtrated shell be constructed and stabilized as detailed below. FILTRATION BASIN - MEDIA DETAIL 11. Filtration basin will not be constructed nor put into use urml uphill drainage area is pemtanenlly stabilized. 987 - , -987 - POST GRADING SILT FENCE (300 LF) CONCRETE WASHOUT SPILLWAY/OVERFLOW DETAIL INLET PROTECTION 990 ' ��T.+TY�BrPagsS+Pllu�aT� -. ' i 990 986 vAWES - 986 TREE PROTECTION FENCE(1,080 LF) --' true �- Tamar f&w,Ttw+rlAan:wiz '�'.. __ +aasNr:wn . _ InatTvmrL eIdRETENnoxsaL _ raaernras_ a 7`,ewsarAaa N9 ---- SILT FENCE - SEPTIC PROTECTION (2,475 LF) EROSION BLANKET ( D SY) 988.... ,,_ �Ara`m., .�, 988 TU adL - - 985 aOTrON OFBUFLF -- - --- 985 B`WeuC"aHoT. ROCK ENTRANCE BERM TURF REINFORCEMENT MAT (155 SY MNDOT CAT. 4) ' 'ev-env eaL - .. rramreIa_ tN•arttl sOC' e'PERFORATED D -w P(osoc WWWgPHmaoct(,nrM _ __ ._. ._. ._. r'Yt%.BEia QEOTEXTILE FAaR4C 986 .. - -- `-- -� - ---' - --- - -#—I -._ 986 984--- 984 DRAWING NAME I NO _j BYE DATE , _ REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PR03ECTN0_. _ FILE NO. BASE I 01 ;NRH O:kJ5 REVISIONS PER WATERSHED COMMENTS _ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 ,i:F' 'r _ . #15-3749 DRAWN BY I 02 NRH 0921175 REVISIONS PER CITY$ WSHE] C6MMENT__3_ SATHRE-BERGQUIST,INC.'s EXPRESS WRITTEN AUTHORim-noN. USE WITHOUT AMA DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE FINAL EROSION CONTROL, PLAN 37865-005 W NRH _ 1 03 I DLS dW11f6 PLAN CHAtdGft SND AUTiORIZATON CONSTRUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OF MINNESOTA F .SATH RE -SER O U I - TINC._ CHEGFO=O BY 04 OLS ' 0Y172M5 _ _ PLAN CNANGE3 - INDEMNIFY SATHREAERGQUIST, INC. OF ALL RESPONSIBILITY. - P : � ,' T -r I �- - 16(1 SOUTH BROADWAY WAYZATA, MN. 1 (952,:�DDD O RONOt �}7�, i p ^ # �1T _.. - .. SATHREAERGQUIST,INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE y ') F ...y y,�r' m `i CRYSTAL STAL #- A Ee'iTAYE RSM D5 CHF t 07M6M8 ; OUTLOT p1ANGE8 _. _ .. USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING i} {'{ f_fi at!+Y da' MINNESOTA DATE i FROM ILLEGITMATEUSE DANIEL L. SCHMIDT, P.E. "+. CHAMBERLAIN CAPITAL, LLC. -- 07128!15 i - - I - Data. 071052016 Llc. No. 26147 °+ P�.F 7 . r M I� Pan4An ak r Wadand Area= 7¢ 961 DiRAresa91,190 a1 D,i3s9) 4 `F ear e Or 7878 - v� (6) - (4) /Lk' LINDEN TREE CITY PROJECT NO, FILE NO. 75 - 37885-005 �T.�� p, NRH 08128115 REVISIONS PER WATERSHED COMMFAIT3 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT _ _ a��R -_ LANDSCAPE PLAN Owl, Aw }/F 02 NRH 09!21115 _- REVISIONS PER CITY 8 WSHED COMMENTS- , SATHRE-BERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LY REGISTERED S ENGINEER THE LAWS OF THE STATE OF MINNESOTA + •s SA,T H I E -ISE RGIQU) S T INC 37885005 SRT ,rJ1. PLAN CHANGES 7878 --INDEMNIFY -PLAN e 7:2; f '- {°� / ORONO, I -1�jl �+ CHECKED BY 04 OLS 07!12!18 L INC. ANY THE RIGHT TOLORLOSSESGITIMATE L rr f '. , , 150 SOUTH BROADWAY WAYZATA, MN. 55994(85'1}4786000 I TES u NRH DATe _ - USER OR ARTY LEGALLY RESPOSATHRE-BERGQUIST, NSIBLE FOR DAMAGESS RESULTING '� nA1 `. DANIELL.SGHMIDr - -•'/ 4e�- _ ,o LUT1 0035991x30ac) CHAMBERLAIN CAPITAL, LLC GDs. 88 9 7878-- ' - - 7878 - - FROM ILLEGITIMATE USE. ' e_•-- !tihJ'"qit° 1 ,f2f (T' GrD'PT47 P�°"� d 7 o71zen5 i I I �_ }. =1 f y4. flF�F-ry P -OA -e Osf' - 1 I AnEa =.,af 1+ . WWlantl Area•=0d Pentl Nee=ON 1M1`etleimL )sf1- ' 7�' Dry __ ;. DryAe 97A97 ef(2A1 es) DryA+ec= .i7 q Area a7 6561 ROOe a7,*7sfr Kx�Aer a r -' ( .qpm J -h,;s 1 _ _ -� } k A .• tl, �``'• E4�• =[F 1,d !� a, ie.pal«M.d i, •I. !.?kS.'. - -T �We,��w _ / C., �� Ea. JI , • .y,�,�, V axe, 'a � �� -zi� Fr�z � � _ `" as �� - -�.e • "-1-- 44 ....•.�,_ry- >L�,-mrd I I 'HL. _. -� ;� '•_ 2f ��---�' ' 7414; � l' SaWWpp �I "' a eDfICIk Htl0. - ' I.r,l ' F �� - j _ -' _ _ _ _ -`701 L��.•- �~ "\ 'w .. ,-'-d w . -.. amsr-.ears - ; I ��j t , r,~ s. Y " I I A v \ LOT s . L "I Gr�a9 ,,,x.444 of 6.74 e�) _ ll[lIY I - 154Xsf(2.Bb ) •_ r 1 gh r. .11Area=oaf t ' NI' WetlantlNea= I I ;� _ Dryaea=1fa,ra,dtzn 1 7� i I �I Pmdaea=13.923ef n Y.O f� I � h X MUMA-1 9r I�'. -` N �p4. 4,. Dyaaa=85.63aerfi2Dac1 a VYETL'ANQAa II 'ey'l - Pond Nee=Oaf riNtlantl Nea=7.B&aef •I - a Dry Area=91,790 61(296 391 � ' 4G7ca17. 89.359F, .LOT'I LOT 4 I LDT,� , _ Gran: 1101i.359 s,(2.3D ac J x [2 03 ate 4',. - - Genas: 87:497 sf (2.D1 so) :.'E, - ... - _ Pond Area= D af' Poet ..:...::.�., -rea wd A-091 Pond Mea =D 91 Wadnna .Massa go" DryMea-87.=W(2D0wI W9tlandArea=Oaf �' `h+ I was=8746'7aff-_D1a,} - DryA,a9=a7,aa7afp.%i-4 " ...... $' �fa T asa,- -.. �, � �- � .,• .. � Vie- _ looa - asLSY x fe�1 R� "grin» 98x6.17- •� - �'• "« 30f!fAe me 7+0 _ -_ �•r us,s - = f a� 7878 - 4 _ i'r-.-� -�� '-�� �.� -_ ��. wd I - �' - _; �,, - - -.� - _ ; °pas •- '".'~ - � afla r _ '�t5L L ; (274 ec) y.pGroas.,19 : "wda=prl II aa= y,. ......• - 07YAroanaaAlea=.fa.7lneRrzacl Dry Area=95.036af(220 ) ice -'.?oz i VY F. ,. _ (8) MPMAPLE TREE (6) HL HONEYLOCUST TREE (4) /Lk' LINDEN TREE (8) CR CRABAPPLE TREE (27) (C) LILAC TREE (53) TOTAL TREES L (24) SHRUBS Landscape Tree Calculations Road Frontage: 2023ft I Tree Every 40 feet: 40 ft Number of Trees Req-- 5110a LANDSCAPE NOTES: 1. BOTH THE PLANNING COMMISSION AND CITY COUNCIL DECIDED THAT A TREE SHOULD NOT BE PLANTED EVERY 40' OF ROAD FRONTAGE. BUT INSTEAD SHOW MORE CLUMPINGS OF TREES NEAR ENTRANCE. 2. 53 TREES ARE PROPOSED WITH AN ADDITIONAL 24 SHRUBS TO BE PLANTED AT THE PROJECT ENTRANCE. INVASIVE SPECIE REMOVAL X BUCKTHORN REMOVAL (APPROX. 4.5 ACRES) REED CANARY GRASS REMOVAL (APPROX. 0.5 ACRES) BUCKTHORN 8e REED CANARY GRASS REMOVAL SHALL BE DONE AS IT IS DESCRIBED IN THE "CONSERVATION DESIGN REPORT'. r.` r RECEIVED AUG 0 5 20 IE 60 3D D 3D 60 120 1i, ih._iLaJi SCALE IN FEET CITY OF OROIR SEEDING {SEE NOTESBELOW 7878 SEED MIX 250 (7.6 ACRES) 385 SEED MIX 310 (0.3 ACRES) _ DECOMPACT SOIL (2.1 ACRES) RESTORATION NOTES- 1 ."; ACRES 1. SEE DEMOLITION PLAN FOR HARD SURFACE AND BUILDINGS REMOVALS, 2. SOILS UNDER EXISTING HARD SURFACES SHALL BE DE -COMPACTED A MINUMUM OF 18' PRIOR AND JUST BEFORE RE -VEGETATION. 3. RESTORE ALL DISTURBED AREAS WITH 4" TO 6" OF TOPSOIL, OR EXISTING ONSITE ORGANIC MATERIAL. 4. SEED FILTRATON BASIN WITH MNIDOT 310 OR BWSR P8 SEED MIX ATA RATE OF 1GD LBS./ACRE AND FERTILIZE WITH 20-0-10 AT 100 LBSJACRE. SEED WETLAND BUFFER AREAS WITH MN/DOT 350-MESIC PRAIRIE (36.5 PLS LBSIAC) OR BWSR 34-261 SEED MIX AND FERTILIZE WITH 20-0-10 AT 100 LBSJACRE. (REFER TO WETLAND CREATIONIBANKING PLAN FOR WETLAND SEED MIX REQUIREMENTS). S. SEED ALL OTHER DISTURBED AREAS WITH MNDOT 250 AT A RATE OF 100 LBS.ACRE AND FERTILIZE WITH 2O-0-10 AT 100 LBS./ACRE. (UNLESS OTHERWISE NOTED) 3. ONLY PHOSPHOROUS FREE FERTILIZER IS TO BE USED ON SITE. F. MULCH WITH TYPE 1 AT A RATE OF 2 TONSIACRE AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT. S. EROSION BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 (FT) OR GREATER. S- MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. 10.RESTORATION WORK WILL BE COMPLETED WITHIN 7 DAYS OF GRADING COMPLETION. DRAWING NAME _._... -3780-. NO. I BY 1 DATE REVISIONS ----USE (INCLUDING COPYING, OISTRIBUTION, ANniUR CONVEYANCE OF I HEREBY CERTIFY THAT HIS PLAN OR S CITY PROJECT NO, FILE NO. 75 - 37885-005 �T.�� p, NRH 08128115 REVISIONS PER WATERSHED COMMFAIT3 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NWA PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I _ a��R -_ LANDSCAPE PLAN DRAWN BY 02 NRH 09!21115 _- REVISIONS PER CITY 8 WSHED COMMENTS- , SATHRE-BERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LY REGISTERED S ENGINEER THE LAWS OF THE STATE OF MINNESOTA + •s SA,T H I E -ISE RGIQU) S T INC 37885005 SRT 03 DWDBrl7f18 PLAN CHANGES 7878 --INDEMNIFY -PLAN SATI,RE�ERGOUIST, INC. OFALL RESPONSIBILITY. f '- {°� / ORONO, " `�j"{�y [ f ESTATES R1 T BAY ESa �+ CHECKED BY 04 OLS 07!12!18 CHANGES INC. ANY THE RIGHT TOLORLOSSESGITIMATE L rr f '. , , 150 SOUTH BROADWAY WAYZATA, MN. 55994(85'1}4786000 TES u NRH DATe _ - USER OR ARTY LEGALLY RESPOSATHRE-BERGQUIST, NSIBLE FOR DAMAGESS RESULTING '� nA1 `. DANIELL.SGHMIDr - -•'/ 4e�- MINNESOTA CHAMBERLAIN CAPITAL, LLC 7878-- ' - - 7878 - - FROM ILLEGITIMATE USE. ' Date: 07-05-2016 Lie. No. 26147 P�°"� 7 o71zen5 i I I WOMORSTELMCB W000 pm -m B� POST I< , AINIMIIM OF CONCRETE 7 WITNITH VA)QDD ACH FAD= HI N�RIM A LL TRUOISUALL w WALL SE cuum m AT 7NL5 SITL MA%BNA9 V417F DCx WWAG WITH ANOIORTRENCH - gTA� 2)AL DIS WTIL ARE �� HEAVY PUTT SrAf4E5. (5FE DErinL AHa HHTTES EPA -DVI) APPROXIMATE MD MY BE 9mmm OVERLAP END 30QA5 �, LIS° AD 81IL ON SITE CONSTRANTIL ATTACHPAW= TO P094 MRAMUROF IV M@STAP E 3)WEIEN WASHOUT PIT S ND WTH mmnm 3 ZM TIE 6VERiAP M LS IN EIMA FL LONGEIR NEEDED. MLIDU7ED (SD NIL T13V8riE} PER PGST CDdIWILL R lFQ ROOC IN TOP rxrxle wNGYr000ENSTAKFS PAD WILL OR D6POfDOF STEEL FLM 1 AT 21T SPACM . STAPES 5HYL8E Posr HOB'S MDxaF0xlEur G�TrMnLE DRIVEN THROUGH THE BACK RALPOF OFFOIL UTRARCA TO FACE ATHE FILTER LOG AT AN ANGLE OF 45• Li OUT MATCH THE ®YNJHY FROM EA MY FABRIC PER MNDOr TAINUE SURIPICUNDIIG GRADE 38841 Q,IACFiDNE9]C!O} �mm WITIITHETOPOFTHESTAID? PDDYTINGUpSIAE,yY. Lr -Ir DWM (ERNS 6' RAP) a 0 D 04 ODNI� of . .. 24• MtrmYUM POST U40EDMEMr THIP MACMF ATOM METHOD (TME DETAIQ A TME STANDARD SILT FUY6X RWAUATLDN M11400, WPI. LACKED fim 114 OR NERVY DUTY WN340 SILT WA11M IALLAWN NBINODIISHOULD ONLYof OW 'NA*M9Y�APPROVED OR DP=W BI THE CRY. y� SJR MfIYIC'AL AREAE ADMCQET MYAH MDEQR MM LW ANDIOR SlW SLOP, STEEL POSTS ARE NECESSARY AS UVICATM ON TTL` PANG 'A APTEIH "91ACW8' DI THE MM HAND NIFDRE MITALLAT®N OF STEEL OR WOOD MOST% DRIVE DNSTALLA.TWN EOUVME NT OVMHTHE'A3Ir WHILE AAIRIG RIAYWG ON THE GHKAILD. THEY MALL THE P= AND REL. NLP PAM TO ATTA04 AT A DNIMPIM HEW. �,v,ry , wT�s+rmaf d SILT FENCE 200E MACHINE SLICED EaLo-�A WASHED Rm 011 ' WOO"uLca PER SPICEFXA LDNs le" mwIMLM OR QM TEAM TO MIMIDD2E RUNOFF FROM :DTE II II �ELLTKAN EOINTITOENSURE STAPLE PATTEW VOENaIT Y SHALL w116[7TIOANAL 1D1NT5 THAT WATER PLDNSOVMR THE DINE FOLLOW MANovCNRMNS MINIMUM OFC AM MOTARDUND THE R=, SPS Allam TRIMICH LHSG>IBCMT IIRIMI 2. LAYMAWKETINTRINGH Slf •�") 3. SrPR! Hr LS [NTERVAL4 . C 15h4HTM7. WIN MATURAL SOIL MD COMPACT B, IL ITN OT AM AN HOR RIN EAClRD 1013, I NE " "` - YNIIFJUTAHANOIORIRENCM SSP! FAq= 8E MSE OF ROM am OLYAPdy JIM(S VEH= TMPWM AND GRIM MANKLTS MHA. HAVE GOOD SOL CONTACT. -�g•r,. fAPTflvntOfA ;jw /O EROSION CONTROL BLANKET 2oee INSTALLATION EROZ NOTICIR 1, Mn00T 3733 TYPE 4 PD.TIR M IPRIC W L N Puwa UNDER ROCK OR M.C4`0 SrOP MUD warATM TNRM*M MATeRIAL 2, IVIDTTVE ROCKOR MULCH WILL EEAEAOYED FROM ADIACNNTROMAY5 DAILY OR MORE PAEWBMYAS NEMMRY. 3, COMRTRUCT= ENTRANCE WJSr N s 4WXPLTED PRIOR TO TME coMME9CM ou OF 9HA K OP[RA7!Qa ON THESITE 4 TO1RUMT TAAWK Or MIIDQT THE wm, T'MIS KAY REQUIRE PF RIDDICTOPORFiING WIUH AIxs UONAL IHTCrp TVDw MfIA1, OIRNINDVAL AND RurBHAuAH IDN DN THE PAD, 5. HIS WIMNCL WIU, BL CISLD HY ALL YUDOLS EH MR101 OR U AVBIG Ink PR03!Cr, 6. TMP G)H3TRUCrWN gYNWAr WNl NP IIMYpYLO PRfgl TO'TFS al AR:IiAPFNr OP II101MIN115 SLIw-ACM W. CITY PUNK ND, STT•7 rOR IGRIAP NACt1•M.Bir. LSU mic ROLL ENCLOSED IN PCLYPROFYUM "Urm QR A am=LL MIG. PERIDWr. DISTALLM w FROM TOP OR BOTTOM OF PIR. PROVIDI 3 ANDIORCLIDS TO FASTEN TRASH GUARD TO RABID Era NOMM HOT OIP GALYAR2E AFTSRPABTCA.7IDN, TRASH NRMRD SIE!" PIS PAM •13, 11003 CJIIXYBIIG 12.70 23, 4 CDWC YARDS ovo 0 0 noavo aoono 21W vaaov O aoava OoOaon 34"ANOUP 1E CUED YAIM oOOGn Lal 3PM 41 RPM 21'24" L•I 41 CEM• 2J" 36" I'D 5• '.AI" 4r 110 C I I• 'Ir ELI' Ll" (r I" NR"!r LImv r r 7r -sr 11" e" r FILTER LOG DITCH CHECK WT17ARp11 Ap9 iODE NAR�gI ERO.3C rmmlml. A- WAVED R= OR ooa00 acoca- vov00 CJIIXYBIIG 12.70 23, 4 CDWC YARDS ovo 0 0 noavo aoono av0 avaa a0000 �CDpY vaaov O aoava OoOaon 34"ANOUP 1E CUED YAIM oOOGn (CNE OJHIG YARD 13 APPPINUMAI LY Mm Lim) B RPM 38• 123KTIP7F TKUf3i fRAM OF eln0 WMHQUT ARIA 7°• ( RLma -FIL BLANET UNEC SISdN DE'mL SILT FMNCE� OR 2 LAYUG OI 30n1 MINAFI FABR6 OR E4LVNL � RIPRAP STREET 2" M. WASHED FAGS SICTIRF&I LINER QR AAW WQTGMDL61 mrrm 11-1 lZ'T 21RTRIAP Rl4 CJIIXYBIIG 12.70 23, 4 CDWC YARDS rJ ?7'7089' BQLaC YMDI 36" TO 'w 22 dine YARD$ 34"ANOUP 1E CUED YAIM (CNE OJHIG YARD 13 APPPINUMAI LY Mm Lim) RPM r -m ISIIITLC RLma -FIL BLANET UNEC Nam FILTER ELANKET RE00LRED UNDER RIPRM OR 2 LAYUG OI 30n1 MINAFI FABR6 OR E4LVNL � RIPRAP PRTER LuANwr SICTIRF&I LINER CONCRETE WASHOUT PIT NAR AEfam. Ao moe nAnIG ERO"L3A, RECEIVED -6* NASrPLYMro11: o q ;6. AUG 0 5 2016 O d CONSTRUCRON ENTRANCE ftffl mm O p' FLARED END SECTION N4N 2005 p . N;70 ROCK RIPRAF AT OUTLETS WOOD/MULCH nATEnap AND TRASHGUAPD PLATING 570 6 CITY OF ORONO +sa_slo-E,nwv Iav�Iv-Y.rAYc DRAWING NAME NO. BY DATE REMS16NS USE UNCLUDING COPYING, DISTRIBUTION, AND/7R CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT Na BASE 01 NRH 0BI28115 REVISIONS PER WATERSHEDR COMMENTS INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THATI &Es #153749 FILE NO. DRAWN BY 02 I NRH 9)2 - 01115 REVISIONS PER CITY S WSHED COMMENTS SATHRE-BERGOUIST. INC,'s EXPRESS WRITTEN AUTHORIZATION, USE WITHOUT AMA DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE - p , ` T - CITY DETAILS 37865-005 NRH 03 DLS 013f27118 - PLAN CHANGES - - - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OF MINNESOTA � S ATI- R E— B E R.G IQSJ I S Imo_ INC. CHECKED BY 04 I PLS 07112/16 PLAN CHANGES --- - INDEMNIFY SATHRE-BERGDUIST, INC. OF ALL RESPONSIBILITY. ( j _ - - --- SATHR&BERGQUIST,INC, RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ✓I T % I'� 156SOUTH BROADWAY WAYZ4TA, MN, 55391 {952} 4766000 ORONO, CRUS AL R.,��" ES A i [, S 7 RSM �Y..�'� urs = MINNESOTA i a i DATE L USERFROOR PARTYILLEGITIMA LEGTE ALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING DIEL L. SCHMIDT, P,E e � DnzBYTs DEICE 07MQ015 LLc,No. a61a7 P A CHAMBERLAIN CAPITAL, LLC. 7 STORM SEWER POLLUTION PREVENTION PLAN (SWPPP) CRYSTAL BAY ESTATES 1. CONSTRUCTION ACTIVITY INFORMATION This SWPPP was prepared by personnel certified in the design of construction SWPPP5. Copies of certifications are available upon request Protect Name: Crystal Bay Estates Project Location; Address :18Old Crystal Bay Road North RECEIVED City; Orono State: Mimheaals Zip Coda : 55358 3. Methods to be used to promate infiltration and aediment removal on the ado priar to discharge • The water quality volume that must be treated by the projects permanent stamlwater managernant system described in Part I11.C. shall be 112 Inch of runoff from the new lmpervima surfaces created by the project. See Part NI.C.2 for more information an infiltration design and appropriate site conditions. if it fa determined that site conditions are not appropriate for Infiltration (e.g. lack cf 3 ft, of Separation to seasonally saturated ground water, proximity to bedrock, contaminated soils) the reasons should be documented to the SWrMWHar Pollution Prevention Plan (SWPPP) for the project. Infiltration is not requited in Hydrologic Soil Group D soils. Clay soils throughout the site resulted in volume reduction being achieved viafilbation shaft in three (3) of the onsite ponds. Timellnes fa be implemented on site for complatma the installation of the erosion prevention BMPs • Prior to Grading - Slit and tree fence to locate grading limits and provide down gradient sedimentcordml. Rack Entrance Berm to be installed. County Parcel ID Number (PID); 3311823340001pUG 0 5 O i 6 Grading - Erosion blanket wilt be utilized on ail 3:1 slopes. Biarolls will be used in near yard swales. MnDot CITY PROJECT N0. NRH i a9rdBr15 PE_R_WATE_RSHED OOMMENTS INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT seed mix #250 will be spread at a rate of 100 f iaJacre and fertilize with 20-0-10 at 100 Ibs.lacre. Only Project Typo: Residentlaf CommercialAndustrial Road Construction phosphorus free fertilizer shall be used. Resldgntlal/Road,Construction Other ti�' Utility & Street Work - Inlet protection an all alarm sewer eatehbasins. Weekly street sweeping to puavead Cumulative Impervious Sur ace C O� 4R�{'0 off --site vehicle tracking. However weekly sweeping may not be adequate. Sweeping is required 24 hours Number of acres to be disturbed: 5.5 (tenths of an acre) atter discovery attack out. Phe -co drudlon acres of impervious surface: Post oonstruadon aches of impervious surface: 2.0 (tenths of an acre) 2.1 (tenths of an acre) ' permanent BMPs - Sediment bays are to be Installed at fisted end sections draining into dry pond and Total new impervious surface acres: 0.1 (tenths ofan acre) infiltration areas. Rip -rap to provide provide energy dissipollon and prevent emsku. Receiving Wil Nameof Water Body Type Special Watw? Impaired Water? Wetland 1 Wetland No No Wetland 2 Wetland No No MinnetankaSlubbs Bay Lake No Yes Dates of Construction Construction Start Dote: September 15, 2016 Estimated Completion Data: November 16, 2016 2. General Construction Project Information Personnel &Training Provide a certified erosion control supervisor in good standing with who is knowledgeable & experienced in the application of erasion prevention & sediment control BMPs. Supervisar ehaR work with the project engineer to oversee implementation of the SWPPP & the installation, Inspection & maintenance of the arceian control BMPs. Provide at lease one certified installer for each contractor or subcontractor that installs erasion control BMPs. Chain or Responsibility Owner! Developer & Contnactarare coparniteas for the National PO lu and Discharge Eleminadan System (NPDES) Consrucion Permit. Contractor fa responsible to comply with all aspects of the NPDES Construction Permit at all dmas unlit the Notice of Termination (NOT) has been filed with the MPCA or transferred to the home builder or another contractor. Contractor will develop a chain of command with all operators on the site to ensure that the SWPPP will be implemented & stay in effect until construction is complete, pts silo has final stabilization S NOT has been submitted to Me MPCA Describe the construction activity This +/- 15.4 acre development will consist of the land development of S single family detached homes, and 1,005 linearteet of streets. Other sail disturbing aclivites will include: hams building, driveway construction, and lot landscaping. This project will be mass graded and constructed in one phase, grading and utilities Willie completed in the fall oF201S. Soil disturbing activides wdl Include: Demolition of the existing structures, Installation of a rock entrance berm, clearing and grubbing, Installation of utllifiesiminor utifides(induding private utilities-gas,mWe,electric, etc..), the installation of silt fence and tree fence prior to grading, the installation of silt fence around The proposed panting areas after the grading Is complete, grading, re -spreading topsoil, and grading restoration which will consist of seeding and mulching all disturbed areas outside of the sheet row. Erosion blanket will also be installed on all 3:1 slopes or greater. Additional erasion blanket maybe used throughout the site. See the Erosion & Sediment Contrd Plan forspeoific locations. 3. Temporary Erosion Prevention Practices Describe typos of erosion prevention BMPs expected to be Implemented Parimater Control shall be established around the site & around the base dstockpiles if the stockpilewill remain longarthan 30 days. Perimeter control Is typically established with stltfence which also dennlates ureas not 47 be disturbed. Sill Fence locations are shown an the Grading & Erosion Control plans. Where possible 50Rbuffers shall be maintained around surface waters & werdand. Dual pertmeeer controls shad be Installed if work is to take place within Wit of surface waters 8 watlands. Eroslon blanket will be installed art all &I slapaa. Outing construction a. Stabilization of aff axposed areas must the initiated immediately to limit sail erosion but in no case letter than seven (7) days after the construction activity in that portion of the aite has temponvily or permanency ceased. Once grading is complete, temporary erosion BMPs shall be Installed Immediately (le. bioHafls, erosion blanket, ditch checks, etc). No later than seven (7) days, the permanent stabilization should be In place. b. Temporary sediment basin requjnamenta described in Pan 111.8. 1,5 must be used for cormnmh drainage locations that serve an area with five (5) or more acres disturbed at one time. This project is being constructed in 1 phase. The permanent dry aedimerd basins shall be constructed first and all ort -alta drainage shall he routed to the ponds. The site does not have any concentrated awaleo tat will directly diadhargeati-site List anticipated BMP Quantities • Slit Fence (Before Constrvclial3,615 L.F. • Slit Fence (After Construction) - 300 LF. • Sift Fence for Septic Protection Areas (Before Construction). 2,500 L.F. • Slit Fence for Tree Protection (Hem's Conebuctlan) -1,000 • MNDOT Category 4 Turf Refntiooement Mat -155 S.Y. • Erosion Blanket -750 S.Y. Methods of dissipating velocity along stormwaierconveyance channels? outlets • Rlp•rep will be used at all f eradand structures • Check Dams - installation of check dams or other grade control prautce to ensure shout flow and prevent rifts (far slopes greater than 75 feet with a grade of 3:1 or steeper) Methods to be used for stabilization of ditch and swale wed oertmeters Bfo-rolls shall be used for stabilization of ditches and swalas as shown on the Erasion Car l Plan. Methods to be used for anergy dissipation at pipe outlets Rip -rap will be used at flared -end structures for energy dissipation. See plan for quantities. Additional Erosion Control Prevention Measures to be hnplementod on Site • Erosion Blanket - This blanket wilt be Installed as indicated on the erosion and sediment control plan. 1t will provide slope protection until the turf Is established. For retaining wall construction the grading coMracar will install Erosion blanket an the temporary 1:1 slopes unlit the wall construction can be canplated. • - Bto-rolls - Bto-rolls will be installed In swale areas to help slow rurmf and minimize erosion. • SeedingRastoration-TemporarylPermanent5tabilization (Seeding and Mulching)- Temporary seeding and mulch must be placed on all disturbed sail within 14 days, unless actively being worked ort. All disturbed areas will be restored with 4' to 6' of topsoil. The reatoradon shall begin within 72 hours of the grading completion. The seed mix shall be MNDot Mix No. 250 applied at a rete of 100 Ibshicre and fertilized with 20-0-10 at a rete of 100 be. per acre. The mulch shall be Type 1 and applfed at a rate of 2 tons per acre, disc anchored (with disc blades set nearly straight) immediately after placement. + Sodding - Two types of sodding will be done with this project. The first Will be for erasion control pxolactian for the streets, after the installation of the curb and the minor utilities the contractor will Install two tows of Bad behind the curb fora temporary erosion protection. The second type of sod will be for the yards once the house construction Is complete. 4. Temporary Sediment Control Practices Methods of sediment control BMPs to be implemented on site • Sediment controls for temporary or permanent drainage ditches and sediment basins that are designed as part of a treatment system • Installation of check dams or other grade control practice to ensure sheetfiow and prevent rills (for slope lengths greater than 75 feet with a grade of 3:1 or ateepar). Sediment control practices an all down gradient perimeters prior to land disturbing activities. • Storm drain inlet protection for all Inlets. • Silt fendng or other sediment control surrounding temporarysctl stockpiles. • Minimize vehicle tracking of sediments (e.g,, stone pads, concrete arsteel wash hacks, orequivalent systems). Street sweeping of tracked sediment Methods to be used for dawn gradient perimeter control • Slit Fences- are designed as a temporary sediment barrier consisting of a fillerfabric attached to support pasts. This site has three applications for sift fence. These applications are as follow:1. the Installation of sift fence along the grading limits to protect the wetlands from sediment during the grading and utility construction process, 2. the instaAalion of sill fence around the created ponds and rain gardens atter construction to control the sediment runoff until the turf is established and the development Is completed, & the installation of silt fence surrounding temporary stockpiles. if down gradient BMPs are overloaded (based on frequent failure crexcessive maintenance), additional up gradient BMPs shall be installed to eliminate the overloading. The inspector or contractor shall notify the design engineer to establish appropiate up gradient BMP's or climate any paint load sources. Methods to be used to contain Stockpiles Slit fence- will be used to provide perimeter control around stockpiles. Methods to be sued forstann drain inlet pmtodion • Storm Drain Inlet Protection - Storm drain inlet protection Is a sediment barrier placed around a storm sewer inlet. This structure traps sediment before It enters the storm sewer system. The utilitywntractorwi{I be -squired to install inlet protection per the City's details. • 3utlat Structures and Outlet Protection - There ars wetlands located within & adjacent to this project, as a ssuit outlet structures are proposed to transfer water from the storm water treatment pond to the wetland after treatment. These structures will serve lo provide skimming and rate control. Rip -rap will be placed at the base of all aprons to provide erosion protection by protecting the downstream soils from turbulence and Sigh discharge velocities. Methods to minimize vehicle tracking at construction exita'and shraotswespina activities Temporary Rack Construction Entrance - A rock entrance berth W constructed ofcoarse dean rock installed at the proposed entrance point for all construction vehicles. A detail of the rock entrance berm is shown an the final grading plan. This stone pad provides a tire cleaning mechanism for all vehicles leaving uta site. There Is one entrance for this project. Phase seethe Erosion &Sediment Control Plan for location of rock entrance bene. Street Sweeping - Weekly street sweeping shall be taking place. Howaverweekly sweeping may not be adequate. Sweeping Is required 24 hours afterdiacovery of back out. Methods to be used to minimize soil compaction and preserve top sou (unless Infeasible) on sits • Topsail will be strapped and stockpiled. Grading operations will be performed and held down 0.5' lo ailo wfar topsoil respreed. Measures to be used if Dewatering is required on site • Dowell shall be routed to the sadimamation ponds for treatment before leaving site. See F_malon Control Plan for direction on Dewatering methods. 7. Pollution Prevention Mana em cit Measunes Single family lots within Ors overall site will be disturbed on a lot by lot basis as Ids are add & hones are constructed. Home construction shall disturb previously stabilized areas- Typically entire lots will be disturbed as finish grading Is completed. Areas not to be disturbed are typically designated by the use at silt fence. Topsoil shall be preserved by stockpiling with sediment conbul installed around the Perimeter of the stockpile. - Individual lobs under coratmction shad also install vehicle tracking measures ouch as rock entrance berm or atter tracking control BMP to maintain dean streets. Home builders shall be responsible far erosion & sediment control Installation, maintenance, SWPPP Inspection and record keeping for lots under their coretructon. Hame Construction BMP Phasing Protect lot area through use of one or a combination of the following; silt fence, mulch, bio -rolls, rock entrance berm, sad buffers or other approved method. In areas within 501t of surface waters redundant controls shall be installed if a 50ft buffer can not be maintained. install drainage protection on down gradient inlets. Establish staging 1 material storage area & Install temporary sanitary Facilities& supply dumpeters Prevent & manage spills of stored substances Install Rock entrance berm, maintain clears sheets Home Construction Manage & protect stockpiles maintain rock entrance berm & perimeter controls trench, install & conned utilities Continue vertical construction Keep streets clean at all times & maintain inlet protection Fine grad pads, Upon completion of fine grade pads & home construction soils disturbing activities, each lot shall be stabilized with sod, seed, mulch, hydromulch, hydroseed, straw matting or combination there of. Monitor stabilized areas until final stabilization is achieved Maintain clean streets Perimeter & temporary erosion & sediment controls are to remain in place until all up gradient areas have been permanently stabilized. Post Construction Remove silt fence after once final vegetation stabilization is established Remove inlet protection Remove all construction materials & debris from site clean all drainage structures Remove all temporary erosion & sediment control BMPs & stabilize areas left disturbed. File NOT for individual Id 5. Permanent Stomtwater Management System Will the project result in one acre or moat; o new Impervious area? -YES tfyea The water quality volume that must be treated by the projects pernanentstomwatermanagement system described In Part III.C. shall be one (1) inch of runoff from the new impandous surfaces created by this project. Where site conditions allow, at least % Inch of the water quality volume must be infiltrated. See Part III.C.2 for more information on infiltration desfgn and appropriate site conditions. ftt is determined that site conditions are not appropriate for infiltration (e.g. lack of 3 fL of separation to seasonalfyeat uraisd ground water, proximity to bedrock, contaminated sails) the reasons should be documented in the Siormwater Pollution Prevention Plan (SWPPP) for the project. Infiltration is rut required in Hydrologic Sal Group D soils. A copy of the Stomhwaer Management Report is available through the owneror engineer upon request. Sail boring and water level map is included In the Shonmxater Management Report 6. inspection and Maintenance Activities Identifyindividual res onsfble for installin supervising, irin , ins i and maintains erosion prevention and sediment control BMPs on site The owner, North Oaks Company LLC, will be responsible for the operation and maintenance of lite erosion and sediment control BMPs. He will select individuals who will be responsible for the inspections, maintenance, and repair activities, and for filling out tha inspection and maintenance reports. Rapp Farts HOA will operate and maintain the stormwater ponds. The owner shall keep the SWPPP and all supporting documents for three years after tha Notice of TarmtnaWn (NOT). These documents include, but aren't limited to, the SWPPP Narrative, am/ amendments, Inspection and maintenance records, any stormwater related permits, any permanent operation and maintenance agreements, and calculations for temporary and permanent alla mwater management systems. Procedures to routinely inspect the construction site, including 1. Description of retard -keeping requirements and content A maintenancelinapedion report will be mad after each Inspection. A copy of the report will be sent to the City. 2. Frequency of Inspecdarrs Once every seven (7) days during active construction and; Within 24 hours after a rainfall event greater than 0.5 inches in 24 hours, and within seven(?) days alter that 3. Areas to be inspected The silt fence will be installed prior to any site grading. Only about one half of the site will be exposed at any given time. The grading contractor will be finishing lots as the arts and fills are achieved in accordance with the approved grading plan. • Ali erosion control measures will be inspected every week and following any storm event greater than 0S" in a 24 hour period. • All erosion control measures will be maintained in goad working order. maintenance and repairs. will be initiated within a 24 hour period of the report. Monitoring of all repairs will be done. • Built up sediment will be removed from all silt fence when h has reached one-half of the fence height. • Slit fence will be inspected for depth of sediment, tears, and to see tithe fabric Is somra(y attached to the fence posts, and to sea if the fence posts are firmly in the ground. The pond and in6ltretlon/flOrstion area will be monitored for depth of sediment, and the build up of sediment will be removed at the end of the project, it necessary. • The embankment around the ponds and infiltratiantliltration areas will be inspected far any breeches or erosion scare, over compaction and any repairs needed, will be promptly made. • The seeding and mulching will be Inspected for any bare spots, washouts, and for healthy growth. If site conditions result in a needed erosion or sediment control BMP that is not planned for, the inspector or contractor shall contact the design engineer at Sothre-Sergquist Inc. (882.476.6000) to determine an appropriate plan and BMP to stabilize the affected area. BY I DATE ' REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANOXJR CONVEYANCEOF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS - CITY PROJECT N0. NRH i a9rdBr15 PE_R_WATE_RSHED OOMMENTS INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 0; ; " , #153749 _REVISIONS _- NRH t 09,21116 fi REV_:SION_S_PER CrtY &LASHED COMh&ffs '. SATHRE43ERGQUI8T, INC: s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTERED PRC(FES IONAL ENGINEER UNDER THE [ry {�' y �+ INC H T, DO a&ams s PLIU4-C Ott r07117J98 i pt,�fR,`HhN-Z S _ I SAID AUTNOR17ATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST,INC. OFALL RESPONSIBILITY. LAWS 917 THE STATE OF MINNESOTA. r I J1 / j-_' yT - E� 7 t 7J .7 F 4 �" 1605IX1THBROADWAY WAY7RYA,MN.SS%1 (9&)476-MORONO, - SHF ! 07/18/16 " - .- --ounaTCHANCEs - - - SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING d .= .' /,__..: �— -- m Y' MINNESOTA �. _ - - - - - - - .. - _ .- - .- - FROM ILLEGiTMATE USE. _ a' = ERARLIE A. WIEMERSLAGE, P.E. c� T _ '- _. Date: 07114!2016 Lic, No. 49189 PSP Prectices for stonage of pesticides, herbicides, insecticides, fertilizers, treatment chemlarl, and tandeca�e matanals Petroleum Products: All onsite vehicles and equipment will be monitored for teaks and receive regular preventative maintenance to reduce the chance of leakage. Petroleum produce will be stored in a dghdy sealed container, which is clearly labeled. Any asphaltsubstances used onsite Will be applied according to the manufacdrrare recommendations. Fertilizers: Fertilizers will be applied only in the minimum amounts as recommended by he manufacturer. Once applied, the fertilizer will be worked into the soil to limit the exposure to stormwater. Paints: All containers will be tightly aeaied and stored when not required for use. Excess palm will not be discharged into the storm sewer system, but will be properly disposed of in accordance with local regulations. Practices for storape and disposal of hazardous materials ortmdc waste All hazardous materials like oil, gasoline and point must be propedysiored. To prevent spills and leaks, secondary containment is necessary for hazardous materials. A leak proof containment facllity shall be used for fuel storage tanks to prevent any leakage Cham lnfiltrating the ground. An effort will be made to store only enough products to do the required job. • All materials stored on site will be stored in a neat and ordedymanner. All products will be kept in theiroriginai container, with the original labels stili attached, unless they are not resealable. • Substances will not be mixed with one another unless recommended bythe manufacturer. Whenever possible all of a product will be used up before disposing of a container. Manufacturers' recommendations for proper disposal will befollowed. The site superintendent will routinely inspect the site to ensure properdisposal of all on site materials Collactim_starel and disposal.of solid waste fn compliance with Minn. R. ch. 7D36 Solid Waste - All trash and construction debris from the site will be collected and deposited in a dumpster. A dumpster will be required for each new home constructed. The dumpstars shall be emptied as necessary. No construction materials shall be buried an site. All amid waste must be disposed of in accordance with the MPCA disposal requirements (Part IV.F.1) Momigarrient of portable kthlets to prevent tipping and disposal of sanitary wastes In accordance with Minn. R. ch. 7040: • Portable on-site sanitary and septa waste shall adequately be provided and maintained throughout the duration of the project • All sonitory sewer waste will be collected from the portable units as required by local reguiations. Spill prevention and responee, for feeling and equipment or Vehicle maintenance: Spill Control Practices - AII spills will be cleaned up immediately after discovery, in accordance with the manufacturers recommended methods. The spill area will be kept Well ventilated. Spoils of to>dc or hazardous materials must be reported to the Minnesota Duty Officer 1-800.422-a79B. A log of the spill type, location, data, and time will be created bythe job suporinterhderd. The split prevention plan will be adjusted to include measures to prevent this type of spill from reaacruring. Containment and disposal of vehicle and equipment wash water and crohtb' _ engine degneasing on the site: • A defined and limited area of the site shall be used far textsmet washing of construction vehicles. Washing runoff shall be contained and disposed of In accordance with MPCA. No enema degreasing allowed onsite. Storage and disposal of concrete and other washout wastes so that wastes do not contact the around: A leak proof containment facility shelf be used for all liquid and solid wastes generated by concrete washout operations. Liquid and solid wastes shall not erns in contact with the ground and must be disposed of in accordance with the MPGA 7. Final Stabilization Method of Final Stablilizatlon Upon final grading of anygiven portion of the site, final stabilization must be implemented within 14 days of completion. a. Stabilization of all exposed areas must be indfated immediately to Ifmstsoil erasion but in no case later than seven (7) days ager the construction will in that portion of the site has temporarily or permanently ceased. Ono& grading is complete, temporary erosion BMPs shall be Installed immediately (le. bio -rolls, erosion blanket, ditch checks, etc). No later than seven (7) days, the permanent stabilization athould be in place. b. Temporary sediment basin requirements described In Part 111.6.1.5 must be used for common drainage locations that serve an area with five (5) ormore acres disturbed atonsill This project Is being constructed in one phase. The permanent dry sediment: basins shalt be conducted first and all on-site drainage shat be routed to the ponds. The site does not have any cancantreted awales that will directly discharge offsite Procedures for completino final stabilization: • Final stabilization Includes but is not limited to: seed & mulch as described above, Erosion blanket, bio rolls, sad, and after grading silt fence. All perimeter and down gradient slit fence shall be inspected and repaired as necessary. # 3858 TITLE SHEET CRYSTAL L BAY ESTATES SW CHAMBERLAIN CAPITAL, LLC. SW EXISTING DRAINAGE AREAS OFFSITE RUNOFF: 1 -YR: 4.87 CFS 2 -YR: 6.85 CFS 10 -YR: 15.82 CFS 100 -YR: 39.13 CFS dM Owao, M f�afer�arfben+tll+c+na.L LLQ nannxs�+.-s�gW�.Mr, sePfe�fB,aXfs � vor..e s�rte;AbaraaEwiy ,flp,Be9 = hseR�Asea=. 6 EVA 56000 SF 8 E&I 56aI0 SF 30050 SP 2.'A me=ft .150 �eaci4alYcYw> IF,40® ai R'egde4dAbWaclhr- � -= a= 9evatian N5 tow +:sem: ��.�- Y_ -s ?s:a•ri - (feet) FECOM a- L r Faff2Srrnaa 4fa4r+ve Ieaasi - rwsridedw 6,500 m�eieonffeY�a F I 0 DKO £,7a 7,227 L372 } avF.iSriacn clpt- 2A >I 2,894 986.6 8,748 4,572 986.8 9,641 Ftaao ,ASSft3dF Vd3bM PaP91IN - t1utl c9 **mA4sfpCt9flYdpw*'iie4$'!d- is of 987.2 17444 . a3: 9G.+YrPi of a : a�:'s r - --4C -, HIM Fmx.�'or�copC�.D 9�asS�T" aeEk�-SI¢37� w,ue fao>txaa4n lnd�.f�� ���N aleP� n,e��ao�l� edeten.ine eAw�efa ed NsaYmaw iaalagpMebaMrdewn ■IeAftgf#y.Igl Vrylpelq [4aq,4iled,NflinaS l�glsataS �,R,r. �7._.s3 a r : r - IF,40® ai ...amae'-r obs ur 9evatian N5 tow Icuh(c- (feet) +:s-ate_:F"_e_!f�a� -,Ira- 15Jla0 cf 7QWFI VaknenAk Hom) PROPOSED DRAINAGE AREAS OFFSITE RUNOFF: 1 -YR: 1.69 CFS 2 -YR! 2.34 CFS 10 YR 8.33 CFS 100 -YR: 33.26 CFS STORMWATER RATE CONTROL REQUIREMENTS ALLOW AN AVERAGE OF 10,400 SF OF IMPERVIOUS SURFACE PER LOT. EWSTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OFANYANDALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. RECEIVED AU0 0 52016 CITY OF ORONO 5titge Storage - filtration Basin I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS ...amae'-r Storage 9evatian Surface Icuh(c- (feet) (sq -ft) feet) 986 6,500 0 986.2 7,227 L372 986A 7,994 2,894 986.6 8,748 4,572 986.8 9,641 6,415 987 10,523 4431 987.2 17444 10,627 987A 12,402 13,011 987.6 13AM 15,591 987.8 14,215 1.8,352 988 15,055 21,279 988.2 15,620 24,346 NSA 16,1% 27,527 988.6 16,782 30825 988.6 17,378 34,241 983 17,985 37777 989.2 1$602 41,435 989A 19,230 45,219 989.6 19,868 49,128 989.8 20,516 53,166 990 21,175 57,335 SKL2 21,609 61,613 990.4 22,048 6.5,979 990.6 22,491 70,433 990,6 22,938 74,976 991 23,390 79,608 99L2 23,390 79,608 99L4 23,390 79,608 991.6 23,390 79,608 �Y �0 40 0 40 80 160 '. w w) is g, SCALEINFEET i NYaMgM=ia:e pnwa^ek,4eecepn,+d C - "' _ gg gNo •..� 'PLV. .011 Grose: i eF {2.3Qec,1 Grow. W. -f (2.01 ce).. . Gross: 118 _J5 of.oa q°)G�cxis: 9® aS�Te ar- r.a �" I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS ...amae'-r CITY PROJECT NO. #153749 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT 81(I2:a eC) �OS .-.�� - j 11104 - Imp g 96i �. 1004 x 1T �� IfrFh-�„ - 5 ... CRYSTAL BAY ESTATES '.. - ., #r p :� - USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING .;3n /�Y MINNESOTA 01 �aaj, 'oaz L USE (INCLUDING COPYING, DISTRIBUTION, AND,OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS I &04, CITY PROJECT NO. #153749 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT 81(I2:a eC) �OS .-.�� - j C(ilwnj�44,6(2.74 aci - Imp g _ r.e�'i -,•� SaID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BER.GOUIST, INC. OF ALL RESPONSIBILITY, .i ),. a,fYe4M.=I,eae n. 5 ... CRYSTAL BAY ESTATES '.. - ., #r p :� - USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING .;3n /�Y MINNESOTA 01 �aaj, 'oaz WETLAN CHAMBERLAIN CAPITAL, LLC. Date: 071OWMIG Lm. No. 26147 P�� o) l I L USE (INCLUDING COPYING, DISTRIBUTION, AND,OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS I &04, CITY PROJECT NO. #153749 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 0efk 41J- DRAINAGE AREAS SATHRE-BERGDUIST, INC.%EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE i A OF THE STATE OF MINNESOTA. � � SAT H RE -B ERGQU EST INC. SaID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BER.GOUIST, INC. OF ALL RESPONSIBILITY, a w ?p ORONO, CRYSTAL BAY ESTATES SATHRE-EERRGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ., #r p :� a •. w 150 SOUTH BROADWAY WAYZArq, MN. 55391 (992)47E3000 USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING .;3n /�Y MINNESOTA FROM ILLEGITMATEUSE. DANIEL L.S MIDT,PE.-� A=te Fk®, CHAMBERLAIN CAPITAL, LLC. Date: 071OWMIG Lm. No. 26147 P�� DA DA 1.:- +� Ma $C +� w� �kflf1l'.* 1-i Pond Area=asf w '.M1k �+. Y1_'s lF IF Wetland hes=7A.°ad li k 1 *� o ' - a� oTArea-91.,90efRW aa) �m r,L c; W —.� :stc.s r S ;m Gr�ea. 100,359 �{U30'aq) �,`��A �T" - T ..•. ! . P9 4 � w dE JT Grass: 88,519 sf 9-03 ec) 107 2 Grose: 89,358 of am so) W pend�g0o� vats Arse=d.r — -- Pei.�nree,aef wsesndpea-oar #P orvA9viftm7mr f"r sari \•:' '� - Ory Area=e7928e1(2A0 x) cans -O+Y s+s.=er,ts7 afR0, sy ' -- t �a �r ro z. t - _+ �..�-.' .. _ _ para - _ - ..°- - _- +4f `4 ^d7_ _ - I L' ..'Ll fu .latae - - ,.� _= - ._2�n I. _ AaF.A ia.6aa �A ,- -9Ra - - 'W2t'_1 ,_\� _ �. ?'----- Y R ' .� y - -f i _ �� �- _ _ � - _ 10- . -- _ ® o" � � < / • Z. ttnr: was _ '�' - - H �\ I Lora t.15. 06 sf 6�2� ; ` I ' � F } y Grose: 11 B, —0(2.74 act �.. -.,TIS c�.L c .' rz7;, e - _ r 120 (2. ) $ i;' Pons Atae=O sl _ C e ' 100 30 0 30 BO l ' _ - Wetland Am=,,l9Baf Crr I I _r : ° ir,. - Y I I .Ix �orvArea=118,7L4af(2.y2ea) y I', �. Z. f 'ao: ifi. , ,'j ,. �w _ ' • • I 1 �., SCALE IN FEET i OundAa=isazsar _ / I �ky`1 I *;? Ory Area-s8.638d(Z.20ac) r er e _ tl AUG 0 5 tots 3858 qiY OF ORONO DRAWING NAME NO, BY PATE REVISi0N3 USE (INCLUDING COPYING, DISTRIBUTION, ANDA7R CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS ON AND _ _ CITY PROJECT NO. P' A N FILE NO. TS - 37885-005 07.... -NRH, 0$28115 RE IONS PER CITY && 1YSH GOh�3ENTS _. ISATHRE�EONRGOUI3T,IMCOs OE%PRE33 WRITTENUCT IS STRICTLY �AI.I�TFI10RI7ATIBITED dN OUSE WITHOUT AM A DULY REGIARED BY STERED PROOR UNDER F SSIONAL ENGIIN RDIRECT I UNDER THET I iet #15-3749 PLAN 37865-005 UT DRAWN BY 02._„ NRH 09/21!35 REVIS ,�} 7 I 3RT 03 013 08127118 _ PLAN CHMIGES - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OF MINNESOTA. 4y S',ATI�'.I E- Q E RG LI. U I S' INC, {� -- .. _..... --- INDEMNIFY SATHRE-BERGOUIST. INC. OF ALL RESPONSIBILITY. �, l �� �� m ,W ! 15050UTH BROADWAY WAYZ4TA, MN. 5.5397 (85L)478-6000 ORONO, CRYSTAL MY ESTATE TSI CHECKED BY 04 OLS :07!12!18 _ PLFNf CHANGES SATH�8ERGQUIST, INC. RESERVES THE RIGHTTO HOD ANY ILLEGITIMATE , MINNESOTA Rt. USER OR PARK LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING — °� b� TS2 FROM ILLEGITIMATE USE. DANIEL L.SCHMIOT 4tFRa4`P CHAMBERLAIN CAPITAL, LLC 07128115 { Data: 07.052018 Llc. Me, 28347 DRAWING NAME _ NO. i BY I DAlE 1 ._._,.+ Spedes `111 ComeMon Eamptleches Saved htdres BantexaddKhee 96 Boxelder 75 Good 7.5 191 Ash, green &0 Good B _ #75-3749 n. Ash, green L5.0 Fair DRAWN BY SRT 1s i 1 Mapie, suer 21A Good 21 9: Boxelder 11.0 Good 11 192 Elm, American 7.5 Good 7.5 cry ,�1��O 'u,s1RLJ71k.Fs '+' Ash, Peen &S Good NRH QATE &5 2 Maple, sugar 22A Fair 22 99 Boxelder 6.0 Fair 6 193 Ash, green 6.5 Fair 6.5 Q`P 289 Ash, hiark an Good 8 3 Maple, silver 31gA Fair 38 99 Fir. e. -ed 16.0 Fair 16 ]94 EIm, American SLS Good 11.5 209 Ash, green 7.5 Good 7.5 4 Spruce. blue 20.0 Good 20 ..s a -:1e- 10,0 Fair IO 195 Boxelder 7.5 Fair 7.5 290 Ash,gmen I&5, Goad 1&5 5 4sh, green 75 Good 75 ame'ca- 55 Fair as 1% Arborvitae 13S Good 135 291 Baxelder 10.5 Good 105 ` 6 Boxelder, 53 use 6-5 _ : Sp.v=,•xh!dr 75 Goad 75 197 Arborvitae 1115 Good 10.5 292 Ash green AO Gael 9 7 llm, Siberian 5.5 =a r 65 :1 Ashee , gr^ 26.0 Fair 25 198 Smolder 10.5 Fair 10.5 293 Ash,green 6.0 Good E 8 Ash. green 615 G_dd 85 UK Spruce,.Nle 75 Fair 75 199 Bohelder 9.5 Fair 9.5 294 Ash, green &0 Good 8 9 Ash, green SS Good 8S _5 Spruce, whir¢ 8.0 Fair i 200 Boxelder 12.5 Fair 12.5 295 Ash, green &0 Good 8 30 ash, green 9.0 Goad 3! 716 Ash, gree' 19<0 Goad 19 201 Boxelder L7.5 Fair 17.5 2% Ash, green 6.S Good 6.5 11 Elm, 57,b-im 9- sal.- a __ Boxelder 7.0 Good 7 202 QED, Siberian 10.3 Fair 10.5 297 Ash, green 75 Good 7.5 12 ilo-Oeer 10.0 Goad 10 118 9ovelder 9.5 Fal- 9.5 203 Boxelder 14.0 Fair 14 299 Ash,green &0 Good 8 I 13 I 2sh even B 8.0 Good i 109 8atelder 6.3 Fail as 114 pm, 57l.edan 30.0 Fair 30 299 Ash, green 8.0 Good 8 14 Soaalder 7.5 Good 7.5 116 &'xel3ar 7.0 Fair T 205 Elm, AmericanGoad 9LS I.Y Ash, green BS Good &5 1' 8sh, grne,n 7'awC ' 111 Ven siber:Ian 10.0 Fair 10 706 Elm, Siberian 13,100 Fait 13 13 3111 Ash, green 0.0 Good 13 I1., t;fi, green 6OGwd . 112 11m.54beran 9A Fair 9 207 Crabapple 210 Faif 22 _ Ash, green 19.0 Fair 19 I' 4sh,&rens 64 Gwd 113 3dxei3er 72.5 Fair 125 21118 Pine, white &0 Good 6 303 Ash, green 11.0 Good 11 I=o Eim. An=erten ..: _ 135 114 W -eider 12.0 Good 12 209 Pine, white S.0 Good 5 304 Ash, green 6.5 Good &5 3oxelde, r" : ° 8 115 !;-1:: '.7- 730 Fair 13 210 Pine, white 0.D Good 4 305 Ash 6.5 Good &5 ilm. arrresicss ..._ 11 t Sc-.,:: R^-': 13A Fai: 13 271 Pine, white 0.5 Goad As 306 green Ash, green &O Good 6 grecs _ _c__ 75 _. Arlvnlr" fill Fzir a0 6 212 Plne, white 0.5 Goad 45 307 Ash, green 17.0 Good 17 green _,�-__ 64 .._ i.slrs Fav f": 213 Plne, white 5.5 Good 55 kA Ash, area 6.0 Good 6 - ash, seers _ - -: •- '3.5 .,_ 3nceidrr fi0 Fiv k 214 Pine, white 3.5 Good 3.5 309 Ash,green 15.0 Fair 15 3x.7 -'s_; 7.5 Getz 75 215 Pine, white 4,0 Good 4 310 Ash, green 9.5 Fair 95 5 .1: S-s_:e*: 6.0 Fa:: 216 Ash, green 9.0 God o 9 all Ash, green 75 Good 7.5 ]q 1 3cxe Ider :4 C ^r_: 14 217 Ash, green 910 Good 9 312 Ash, green fis Good fis C StiEh, Bran =====- 12 ._ 9oxel r W-5 Fal• 1:3 218 Boselder 9.5 Fair &S 3t3 Ash, green 75 Good 7.5 .: Fedcexrir :4 C -_ 14 - "3-143, 13,D Fair 11 219 Ash, green 1115 Good 1115 314 Ash, green &5 Good &5 Lj -" n,,h, gems ._._ '447 735 .._ Mm. Sii^e,- 'a0Par 12 2ZD Ash, green 115 Good 11.5 315 Ash, green fill Good Din. Sib- =: - 14 � 5nc�e d7r fi.O Gs r - 221 Ash, green ll1S Good 10.5 316 Ash, green fill Good 6 6 ._ Cim,+�ibanrn e5:s: 85 3oveldar 7"Fa;r 7 222 Ash, green ULS Good 10.5 317 Ash,green 10.11 Good 14 " Elm, Siberian :- .. 95 ;_ 21m, sibtnan 75 Fa ,I 7,5 223 Ash,green 7.0 Good 7 318 Ash, green an Good fi .- ' ❑m, Si1�,er,an = g 1- T1s, Sdserrae _ zi 1 •a r n 224 Fledcedar 6.0 Good 6 319 Ash,green 7.5 Good 7.5 3: C[nl. Im,= G= 15.5 .-: - V: c-Iri. Sidman 18.1 Fa,r 18 225 Boxelder 33.0 Fair 33 320 Ash,green 9.0 Good e %, rim, sit-- . , . 1-:= 17.5 : Sdm, Sib -an 14.0 Fa r 14 226 Ash, green 7.0 Good 7 321 Ash,green &S Good 615 Elm, 5iberrzn ,, +a 24 73:. Asti, green 7.S Fa': 7:5 227 Ash, green 9.0 Good 9 322 Ash, green &O Good E ••_ i Elm. � brr�xn 17.5 - 1-a' arlror,ritss: i3.0 Fir 33 229 Ash, green 11.0 Good 11 323 Boxelder 15.0 Good 15 � [Ire, =ibener, 7.6 Fa;,_ 13C Mbornllac 11.0 Fr„r 11 229 Ah, green 20.D Good 20 324 Ash, green as Good as d' 6oaelscr 19.6 74i, r, , ,.. ^-.-••., .. _ ,. 47.0 F;. r 47 230 Ash, Ben gr 20.5 Good Y0.5 325 Ash, green 7s Good 7.5 a[� -:r' i:• ._,_ _ Ir, ;3r FhnSiberiad E15_c: * 231 Ash, green 7.5 Good 7.5 326 Ash, green 12.0 Fair 12 Boxelder- 1g dr Art%0reer 9.0 Gca: • ._ Llm, 5iberan .. _ ss' • 3Y 5 V, Fav 232 Ash, green &O Good 8 327 Ash, green 9.0 Good 4 11 rca ._,O Il 233 Boxelder 10,0 Fair 10 328 8tt Ash, en &od cow &59 .._ 8.4 Fair g 234 Ash, green 9.0 Good 9 329 Ash, green 9.0 Good r h..tip ` Bdee^ Fvh, gram 65 Farr as 235 Ash, green 7.0 Good 330 Ash, Breen &S Good &5 green 3£a: 95 147 k•h. ;.rear 1 car 18- 236 Ash, green 14.5 Fair 10.5 331 Ash, en 9.5 Good 9.S ,s_ _ -9.0 1Q5 142 143 6.xaldtr Beatty+r 14.5 Fa11 ^, =;,' 145 13 737 Ash, green &S Good &5 332 Ash,green 7.5 Goad 7.S s' a,�h, r°:n g�3 �3rsd 9 - _a 738 Ash, green 7.5 Good 7-5 333 Ash,green 10.0 Goad 10 - '1e " Fcrel4er 7A Fair 7 lel0 .ire.!L-°lure 10.06�s: 10 239 Ash, Breen 7.0 Good 334 Ash, green 12.5 Goad 12.5 50 '=--_' 73 C--=- g�' 145 ine, and 4.0 E_,._ 6 240 Ash green 7.0 Good 335 Boxelder 135 Fair 13.5 ==" _•' a 146 Pine, Fine, -d 35 E:,:,: 3.r 241 Ash, ween 735 Fair 13.5 336 Ash, en 7.5 Good 7.5 -- �� s -=_- :" -c;: E5 1n Fine, red i.0 6c:: '5.116:cc 6 242 Cherry, black 9.0 Good 337 Boxelder &0 Fair 8 • a-: 65 146 vine. r.7d - 6 243 Cherry, black 13.0 Good .. 338 Ash, green 115.0 Good i5 �. _ .__ C ._ F 149 vin¢, d re 5 S --.S--5 264 Ash, green 7.0 Good 339 CHBI 16.0 Good 16 20 Den, SihzrSan _ 11.°. us -c;. 115 245 Ash,green 7.0 Good - 340 Ash, green 13.0 Good 13 5_ ,- 5-; a- _,_ -e . 135 _ Pins, _ rr 246 Boxelder 120 Good 72 341 Redcedar 17.0 Good 17 _ _ _ _ -=.y_c 7-S -• red r'sh. 3n s _ 9 7 35 M 247 Ash, green 9.5 Good 9.5 342 Ash, green 16.0 Good 16 7 1 es {reen 5a;. 248 Ash, Been 7.5 Good 7.5 343 Ash, green 7.5 Good 7.5 6 151 ? Gadsnpple A,,h.wr en 70.0 Ga;, 6.5Go,: rr_ fis 249 El"alder 11.0 Fair 11 344 Ash,green 15,0 Good 15 TOTAL CAL. INCHES 3922.5 is 1•. s- = 3:r 6 •-; s.s"+ green 7.5 Socd 7.5 .5 250 80xelder 11.0 Fair L' 345 Elm, American &a Good B ._ -.,- S s=• 65 Gaoc fis 917 E'3h•grp3n ]2-0 Sc:' 251 252 Ash, green Ash, &Q Fair 9A Good 6 9 345 Ash, reen B 80 Fair B REMOVED CAL. INCHES 402.5 I7g nsh. mraxn 127 green grieen od 11.0 Good 11 ! BoaelArr 27 0 Z';: nDFa:r 27 253 Ash, green 10.0 (rood 10 348 Ash, green 10.0 10 BD Fan B il<"J .'ish, grzan 61 Gn.. 8 254 Ash green 9.0 Good 9 349 Ash, green 15.0 Good 15 SAVED CAL. INCHES 3520.0 -- ' •"� 4.0 fraud 6 9 til Ls'h. green fi.5 io:. &5 255 Ash. green 110 Fair 11 i, Ash, green 11.0 Good 11 r' _ ,•s=- 18.0 Pa., is A- -, E.OFa, g 256 Ash, Breen &5 Good 6.5 351 Ash, green &S Good &5 REMOVAL PERCENTAGE 10.3% 113 Good its 18.1 Fsr 18 257 Ash, green 7.0 Good 7 ILS Ash, green 11.0 Fair 11 101) Good 10 :i4 usft,gr7en 1575 Fail ]5 258 Ash, green &5 Good 6.5 ,, Ash, green 8-5 Good &5 'B53aod �` L=i sir: 7.5 far^c 7.5 259 Ash,green 110 Good 11 354 Ash, green &S Fair &5 - - 755-0 7.5 galr'r 74-fi 3:- : 14 263 Ash, green 7.0 Good 7 355 Ash,green 17.0 Good 17 7.5 3-d 75, _ psh.gr:•xn E [ 5=:1 6 261 Ash, green 8.5 Good 8.5 356 Boxelder 21.0 Fair 21 S.S a -e &S - Ash. Ctea. 7Z Seed F 262 Ash, green 6.0 Good 6357 Ash, green 11-0 Good 5,1 _ . • 5"s=" 5 0 a= i_ Ash. green 6.5 Go.: fr.5 � I Ash, green &5 Good &5 359 Ash, green 10.0 Good 14 70.0 Ewa 70 _ Ash, green 10.0 Good 14 354 Ash, green 8.5 Goad 8.5 _ -_•_- 9 5 Good 9.S. 7Sar Lrac4:rFlr 8.0 Fal, -X, Ash, gNen 21.0 Good 11 360 Boxelder 70.5 Good IQS B D GoodB Azh,Bres' :..S3ood 10.5 S: Ash, green 6A Good 6 361 Ash, reen 9 15.0 Good is 7P B.D fiend 8 ,. fish, grater 6.0 Gecd 6 257 Ash, green &0 Good 8 362 AA,green g 7.0 Good - - 76 Good 7 Ash, g ree' 0oCe 10 .} Ash, green g fiS Goad 6.5 363 Ash, green 1&0 Good M 0 6.Good B -- 4sh,green 3.0 3d_d 9 _ -- Ash, green as Good 6.S 364 Elm, Siberian 7.0 Good 3: -s-, g^ er 9.0 Good 9 _ e Ash.green 7 C 3ocd 7 270 Ash, green fis Goad FLS 365 Boxelder 7.0 Fair - s-. se- B-0 Good 8 = Ash,sme' 7.5 Good 7.5 271 Ash, green 7.5 Good 7.5 366 rrh Maple, silver 60.0 Fair __ °" • - - _. B5 Fair 85 : = wsh-green ?.S Fair 9.5 272 Ash, green 7.5 Good 7.5 367 HWple, silver 37.0 Fair 37 xi 3�zs_e 140 Fair t4 179 Ash. green BA &,: g 273 Ash, green 7.5 Good 7.5 393 Maple, Silver 21.5 Good 21.5 94 3.xr:=e- 15.1 Fair ql. 1 Lrabapp a 9.0 Fair 9 274 Ash, green 10.0 Good 30 Ash, green 14.0 Goad 14 BS 36 3axe.]der 3ax31der ;L.; =ar- 70 Farr 14 7 81 181 Fine, white 30 Gera 3 275 276 Ash, en Ash, &O Good 9.5 Good ~ 9.5 371 16.0 Fair 16 �� � �n r�s;sh, �i/ B7 B�x3lder 1dA Fair ?• 183 Ash.g:aen ksh,greert I15 G -d fiS Gocd i1.i fis 277 green Ash green 12.0 Fair 12 371 372 Elm, Siberian Elm, Siberian Elm, Siberian 13.0 Fair 16.0 Fair ]3 ifi ige-rs 86 ash, green s,eennn 9.0 Fair 9 184 Pl-, y,Itd 3.0 G-= 3 278 Ash, green an Good 6 373 Crabapple 330 Fair 33 89 90 _Ire, ash, green B 120 Farr 9.D Farr 12 y -W Rae,.w Ito 4A Goad 4 219 Ash, green &O Good 8 374 Ash, green 115 Fair 13,5 ll //t� Lg rs e111a .1 2016 5 ;36 Ash, sman 7.0 FT, 7 280 Ash, Veen 7.5 Fair 7.5 39025 3.528.0 4MS P"s4��//1O 91 92 93 3dxeider csh, green Eatta-t 1&D 73if 34.D Fair 6D Fa1r ]8 14 6 i37 189 As F, gamer g:.e- 6360-d t2.0 65, 12 281 282 283 Ash, green Elm, Ash, 6.D Good 1.0 Goad 31.1 Fair u 6 moi, 94 a.1,, a -eon ,Z ue5f 1 789 130 Err. .i-r,erra- Em L�, gZer 75 far FV, 7.0 Gad: 75 7 284 green Green Ash, Breen 10.0 Good 10 s7■fie/� CITY OF O'RONO CITY 95 3=x3?vee* 14.0 Fair y4 285 Ash, green 7.0 Good 7 DRAWING NAME _ NO. i BY I DAlE 1 ._._,.+ REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/011 CONVEYANCE OF I HEREBY CERTIFY THAT PLAN OR SPECIFICATION WAS CITY PRD.IECTNO. FILE NO. 75 - 37865-005 01 NRH GUM115 REVISIONS PER WATERSHED COMMENTS_.__ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 0 _ #75-3749 TREE SURVEY DRAWN BY SRT " .D12 NRH - OBf21115 _REVISIONS 03 DLS CISMil6 PER CITY & WSHED d2aMME1+?8.. _ SATHREAERGQUIST, INC.'S EXPRESS WRITTEN AUTHORIZATION, USE WITI.MT PLAN CHANGES SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THE A DULY REGISTERED PROFESSIONAL FSIGINE171 UNDER THE LAWS OF THE STATE OF MINNESOTA o.- . -2- w- SATH RE -B ERGOU IST, I N C� dF�'fiV�� 37865-005 CHECKED BY - 04 DLS 07N217B ----I - -...1 INDEMNIFY SATHRE-BFROgUIST, INC. OF ALL RESPONSIBILITY. _- -. PLAN CHANGES ---- -- .....-.- .---.--. SATHRE-BERGOUIST,INC. RESERVES THE RIGHT TO HOLD ANY I I IITMATE n / y r ✓r '! 750504TH BROADWAY WAYZATA, MN. 55981 (962}47&8000 cry ,�1��O 'u,s1RLJ71k.Fs i. li l x- � ��� �I� l�r�`�� TS^ I L NRH QATE I.. T + _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES REsuLTING �� -� FROM 111 ITIMATE USE, �y[,j�.y,���f ,� " " `"` - ti. MINNESOTA CHAMBERLAIN CAPITAL, LLC DANIEL L.SCHMIDr �07r"15 -_ _ Dade: 67-05,2018 Lid. No. 26147 Q`P TSe2 i,IV MINO Council Exhibit E z LO z 0 a 0 I� J I U7 m O Cn I = C7 r%] W A A Pa a Q i s r J } i; Li 2 c W F, a +j I� r - I 0) m I LO k z Q F - Q [.f Q 0 ry A k 0 0 w F E)NliO J INN Y n N OW 2 � \ N Iz 2 0 0 � 0 O O � q P � r I a 2 O J § / � k | | � � \ § � - § k D. 2 0 0 � 0 O O � q P � r I a L- I* J �< F Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448,8838 • Fax (952) 448-8805 www.bolton-menk.com August 16, 2016 City of Orono Attn: Mike Gaffron 2750 Kelley Parkway Orono, MIST 55356 RE: Final Plat Application 15-3749 Crystal Bay Estates Engineering Review #3 Dear Mike: As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: llxi=cwo:37.11F Council Exhibit F 1.1 The Engineer's Estimate lists probable costs for the project at $236,849.50 to complete Grading & Erosion Control, Storm Sewer Construction, and Street Construction. The estimated cost of proposed landscape improvements must also be submitted in order to determine the total Letter of Credit (LOC) amount. The LOC must be written to 150% of cost of improvements and submitted prior to any land disturbing activities. Estimated costs for landscape improvements should include invasive species control as well as new plantings. 1.2 A copy of the final Minnehaha Creek Watershed District (MCWD) permit should be submitted prior to any land disturbing activities. 1.3 A copy of the General Construction Permit (NPDES) to discharge stormwater associated with construction activity should be submitted prior to any land disturbing activities. 1.4 Record drawings must be submitted upon completion of the project. Record survey shots on basins must be obtained after construction sediment is removed and side slopes re -dressed. 2.0 FINIAL PLAT: 2.1 Wetland Conservation and Flowage Easements must be provided over Wetlands #1 and #2 and be recorded with the Final Plat. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. 64 Robert E. Bean, Jr., P.E. Water Resources Engineer Council Exhibit G DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION IS EXEMPT FROM THE PROVISIONS OF THE MINNESOTA COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES CHAPTER 51511, PURSUANT TO MINNESOTA STATUTES SECTION 51511.1-102 (e) (2). This Declaration of Covenants, Conditions, Restrictions and Easements (this "Declaration") is made this day of , 2016, but effective as provided below, by Chamberlain Capital LLC ("Developer"), a Minnesota limited liability company, and is based on the following facts: A. Developer is the fee owner of real property located in the City of Orono (the "City"), County of Hennepin (the "County"), and State of Minnesota, legally described on Exhibit "A" attached hereto and made a part of this Declaration by this reference (the "Property"). B. Developer intends to subdivide the Property into six (6) residential lots and a single outlot, pursuant to the plat of CRYSTAL BAY ESTATES (the "Plat") C. The City has imposed certain conditions to approving the Plat, including without limitation the condition that Developer obtain necessary permits from the Minnehaha Creek Watershed District. D. The Watershed District has imposed certain conditions to issuing to Developer Permit #15-408 for erosion control, wetland protection and stormwater management (the "Permit") Error! Unknown document property name. E. Developer wishes to impose upon and subject the Property to certain covenants, conditions, restrictions and casements, for the benefit of the Property and all present and future Owners of any part thereof, and in order to satisfy the conditions for the City's approval of the Plat and for the Watershed District's issuance of the Permit. NOW, THEREFORE, in consideration of the facts stated above, Developer hereby makes this Declaration and submits the Property to the covenants, conditions, restrictions and easements set forth below, hereby declaring that this Declaration shall constitute covenants running with the land, and declaring that the Property and each portion thereof shall be owned, used, occupied and conveyed subject to the covenants, conditions, restrictions, easements, charges and liens set forth below, all of which shall be binding upon each Person owning or acquiring any right, title or interest therein, and their respective heirs, personal representatives, successors and assigns. ARTICLE I DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: 1.1 "Association": Crystal Bay Estates Homeowners Association, a Minnesota nonprofit corporation. 1.2 "Committee": the Design Review Committee of the Association exercising the functions and powers described in Article VI below. 1.3 "Common Area": Outlot A of the Plat, and the Monument Easement Areas. 1.4 "Common Expenses": all expenditures made and liabilities incurred by the Association on behalf of the Owners. 1.5 "Developer": Chamberlain Capital LLC, unless and until it assigns to another Person, by an instrument duly recorded in the office of the County Recorder in and for Hennepin 2 Error! Unknown document property name. County, Minnesota, the rights of Developer under this Declaration, in which case "Developer" shall mean the owner of the rights of Developer under this Declaration. 1.6 "Lot": any of one of the numbered lots in the Plat. 1.7 "Maintenance Easement Area": that part of the Property that is legally described on Exhibit "B" attached hereto and made a part of this Declaration by this reference. 1.8 "Monument Easement Areas": those portions of the Property that are legally described on Exhibit "C" attached hereto and made a part of this Declaration by this reference. 1.9 "Owner": one or more Persons who or which holds fee title to a Lot; provided, however, that if a Lot is being sold pursuant to a contract for deed, the contract purchaser(s) entitled to possession of the Lot shall be the Owner unless and until the contract for deed shall have been cancelled or otherwise shall have terminated. If more than one Person constitutes the Owner of a Lot, all such persons shall decide between or among themselves how to vote in any vote of the Owners of the Lots, and the Owner of each Lot shall be entitled to only one vote for each Lot owned by that Owner. 1.10 "Permit": Permit #15-408 issued by the Watershed District. 1.11 "Person": a natural individual, corporation, limited liability company, partnership (whether general, limited or limited liability), trustee, or any other legal entity capable of holding title to real property in the State of Minnesota. 1.12 "Plat": the recorded plat of CRYSTAL BAY ESTATES, Hennepin County, Minnesota. 1.13 "Private Road": the roadway and other improvements now or hereafter located on Outlot A of the Plat, including without limitation any underground utilities now or hereafter constructed or installed thereon, therein or thereunder. Error! Unknown document property name. 1.14 "Property": the real property legally described on Exhibit "A" attached hereto and made a part of this Declaration by this reference. 1.15 "Watershed District": Minnehaha Creek Watershed District, a political subdivision of the State of Minnesota. 1.16 "Wetlands": those portions of the Property that are shown on the Plat as wetlands. 1.17 "Wetland Buffer Areas": those portions of the Property that are within twenty (24) feet of the Wetlands. ARTICLE II LOT USE 2.1 Residential Use. Each Lot shall be used solely and exclusively for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot except the following, if and to the extent permitted by applicable law and the Committee: a single dwelling house, designed for the accommodation of one family; one or more garages designed to accommodate two (2), three (3), or four (4) automobiles each, the exterior of which shall be constructed of the same material used, or to be used, on the exterior of the dwelling house; a pool house incident to an in -ground swimming pool on a Lot; a gazebo; and any other building incident to the residential use of the Lot. No above -ground swimming pool, except small, movable children's wading pools, shall be placed or constructed on any Lot. No sign of any kind shall be placed or kept on any Lot if such sign is visible from any other Lot, from the Common Area, or from any road or any other location outside of the Property, except only (i) a sign not exceeding one (1) square foot in area, indicating the address and/or name of the Owner of the Lot, (ii) a "for sale" sign of a size and dimensions not exceeding those customary in the 4 Error! Unknown document property name. Minneapolis -St. Paul metropolitan area for residential real estate "for sale" signs except as otherwise approved by the Committee, and (iii) prior to the construction of a dwelling on a Lot and the conveyance of the Lot and dwelling to the initial occupant(s) of the dwelling, signs of which the size, shape, color and message have been approved by the Committee, advertising the Lot for sale, advertising the dwelling as a model home, and/or specifying the name of the builder constructing the dwelling. 2.2 No Subdivision. So long as any covenant, condition or restriction created by this Declaration remains in effect, no Lot may be subdivided, combined with another Lot or replatted, in a manner which changes the number of Lots in the Property. Any replatting or other subdivision or combination of Lots shall not, in the absence of an amendment to this Declaration, affect the relative rights and obligations of Owners with respect to their voting rights, their obligations to pay assessments pursuant to this Declaration, or otherwise. 2.3 Maintenance. Each Lot and all improvements thereon shall be maintained by the Owner thereof in good order and repair, in accordance with all applicable laws, ordinances, rules and regulations and any standards established from time to time by the Committee, except to the extent that the Association is responsible for maintenance of any portion of a Lot pursuant to this Declaration. 2.4 Drainfield Protection. Each Lot has or hereafter shall have two individual sewage treatment system drainfield sites approved by the City ("Drainfield Sites"), which may be the only two feasible Drainfield Sites on the Lot. The Drainfield Sites identified by Developer and approved by the City as of the date of this Declaration are shown on Exhibit "D" attached hereto and made a part hereof by reference. The Owner of a Lot may designate one or two alternative Drainfield Sites on the Lot, in lieu of one or both of the Drainfield Sites identified by Developer, 5 Error! Unknown document property name. but only with the approval of the City. Neither of the Drainfield Sites on a Lot shall be disturbed before, during or after construction and subsequent occupancy of a dwelling on the Lot, regardless whether the Drainfield Site is in use. The existing natural topsoil on each Drainfield Site shall remain in place and shall not be subject to any traffic which will cause even slight compaction. To protect Drainfield Sites from inadvertent damage or destruction, no Owner shall permit any car, truck, or earth moving equipment to enter upon the Lot of any other Owner, and no Owner shall construct any driveway, erect any building, or permit earth moving equipment on the Owner's Lot without first: (a) erecting a clearly visible fence prior to commencement of construction, twenty (20) feet outside the boundary of each of such Owner's Drainfield Sites, along that part or those parts of the Drainfield Site(s) that is between the Drainfield Site(s) and all areas which are accessible to earth moving equipment; and (b) erecting a clearly visible fence during construction along that part of the Lot line that is between an adjacent Lot's Drainfield Site(s) and the areas on the Lot which are accessible to earth moving equipment. The covenants and restrictions contained in this Section 2.4 shall bind each Owner of a Lot and shall inure to the benefit of and be enforceable by the City, the County and the Owner of any other Lot, and their respective legal representatives, heirs, successors and assigns. The covenants and restrictions in this Section 2.4 shall be perpetual, and considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes Section 500.20, subd. 2a, pursuant to Minn. Stat. Section 500.20, subd. 2a(5). 2.5 Parkin . No vehicle shall be parked on any unpaved area on any Lot, nor on any street or road right-of-way adjacent to the Lot or to any other part of the Property. 6 Error! Unknown document property name. 2.6 OwnershiR and Maintenance of Common Area. The Common Area shall be maintained at all times by the Association, and the Association shall at all times own Outlot A of the Plat and the Private Road. 2.7 Access to Old CEystal Bgy Road. Unless otherwise agreed by the City, vehicular access between Old Crystal Bay Road and each of the Lots shall be solely over and across the Private Road. ARTICLE III EASEMENTS AND SETBACKS 3.1 Uti1AY and Drainage Easements. Easements for installation and maintenance of utilities and drainage facilities have been dedicated as shown on the Plat. Within these easements, no structure, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels within the area of these easements. The Owner of a Lot shall maintain the easement sites on the Lot and all improvements within it, except for those improvements for which a public authority or utility company may be responsible. 3.2 Private Road Easement. Developer hereby declares and creates a perpetual, non- exclusive private road easement over Outlot A of the Plat, for the benefit of and appurtenant to each of the Lots and benefiting each current and future Owner of a Lot, for use by each Owner and the guests and invitees of such Owner for pedestrian and vehicular ingress and egress, and underground utility purposes, between such Lot and Old Crystal Bay Road as shown on the Plat. 7 Error! Unknown document property name. 3.3 Setbacks. The setback requirements for the dwelling house and any other building on each Lot shall be the setback requirements of the City, except as otherwise set forth below. 3.4 City and Watershed District Easements. Developer hereby declares and creates perpetual, non-exclusive easements over, under and along the Private Road and Outlot A of the Plat: (i) for the benefit of the City for ingress, egress and access for road, drainage and utilities purposes and uses, including the right to construct and maintain the same, including but not limited to a full and free right and authority to enter upon Outlot A of the Plat to construct, install, maintain, operate and repair a gravel or paved road, and any and all appurtenances, including drainage control structures, incidental and related thereto, and for ingress and egress for emergency vehicles; (ii) for the benefit of the City for ingress and egress over the Private Road for inspection by the City of any portion of the Property, animal control, snow removal, maintenance, repair and replacement of the Private Road and the storm water drainage facilities on the Property, and exercise of any rights or remedies granted to the City by this Declaration; and (iii) for the benefit of the Watershed District for ingress, egress and access for the exercise of any rights or remedies granted to the Watershed District by this Declaration. 3.5 Monuments Easement. Developer hereby declares and creates a perpetual easement in favor of the Association on, over and across the Monument Easement Areas for the construction, installation, maintenance, repair and replacement of landscaping and subdivision monuments. 3.6 Flowage and Conservation Easement. Developer hereby grants to the City a permanent easement for wetland flowage and conservation purposes, with right and privilege to Error? Unknown document property name. trespass with water, over, under, on and across the Wetlands, on the terms set forth in this Section 3.6. Unless permitted by the Minnesota Wetland Conservation Act and otherwise approved by the City in writing, the following activities shall be prohibited in the Wetlands: (i) constructing, installing or maintaining any building, structure, walkway, fence, retaining wall, fireplace, playground equipment, road, hardcover, underground utility lines or distribution equipment, light pole, mailbox or traffic signal or regulatory sign, except (A) feeders, bird houses and other devices intended to foster wildlife, and (B) retaining walls, docks and boardwalks allowed by City ordinance and subject to a valid City permit; (ii) cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except (A) to control tree disease or to remove brush, diseased or dead trees of any size and any buckthorn and noxious weeds, (B) pursuant to an approved vegetation management plan or pursuant to direction by or special permit from a governmental agency, and (C) in order to maintain, repair or reconstruct any stormwater pond or facilities; (iii) excavation, filling or material alteration of grade, size, depth or contour, and dredging, mining or removal of earth, loam, peat, gravel, soil or other natural material, except in order to maintain, repair or reconstruct any stormwater pond or facilities; (iv) free roaming of any domestic animal; (v) deposit of water, yard waste or debris; (vi) activity detrimental to the screening of neighboring properties; (vi) application of natural or chemical fertilizer; (vii) application of chemicals to destroy or retard vegetation; (viii) application of herbicide, pesticide or insecticide, except for noxious weed control by or as directed by a governmental agency; (ix) outside storage of any kind; and (x) activities detrimental to the preservation of the scenic beauty of, and vegetation and wildlife in, the Wetlands. 9 Error! Unknown document property name. Although the Association shall be responsible for enforcement of compliance with the terms of this Section 3.6, the City also shall have the right to enter onto the Wetlands at any time to enforce compliance with the provisions of this Section. 3.7 Wetlands Buffer Areas Easement Maintenance Plan and Schedule. Developer hereby grants for the benefit of the Watershed District a permanent easement for wetland buffer purposes over and across the Wetlands Buffer Areas, on the terms set forth in this Section 3.7. No vegetation within the Wetlands Buffer Areas shall be cultivated, cropped, pastured, mowed, fertilized, subjected to the placement of mulch or yard waste, or otherwise disturbed, except for (i) periodic cutting or burning that promotes the health of the buffer, (ii) actions to address disease or invasive species, (iii) mowing for purposes of public safety, (iv) temporary disturbance for placement or repair of buried utilities, or (v) other actions to maintain or improve buffer quality that have been approved in writing by the Watershed District. Pesticides and herbicides may be used in the Wetlands Buffer Areas only in accordance with Minnesota Department of Agriculture rules and guidelines. No new structure or hard surface will be placed within the Wetlands Buffer Areas except for a trail or path not more than four (4) feet in width to provide riparian access. No fill, debris or other material may be excavated from or placed within the Wetlands Buffer Areas. Developer shall install, and the Association shall maintain, permanent wetland buffer monuments, in the locations shown on Exhibit "D" attached hereto, which shall include language indicating the purpose of the Wetlands Buffer Areas and the restrictions thereon and the name and telephone number of the Watershed District. 10 Error! Unknown document property name. Although the Association shall be responsible for enforcement of compliance with the terms of this Section 3.7, the Watershed District also shall have the right to enter onto the Wetlands Buffer Areas at any time to enforce compliance with the provisions of this Section. 3.8 Stormwater Management Easement. Developer also hereby grants for the benefit of the Association and the Watershed District a permanent easement for stormwater management purposes on, over, under and across the Maintenance Easement Area, on the terms and conditions set forth in this Section 3.8. The stormwater filtration basin on Lot 5 of the Plat and other stormwater maintenance facilities are shown on the plans therefor approved by the Watershed District and attached hereto as Exhibit "E." The Association shall cause all infiltration basins and filtration basins to be inspected to ensure continued live storage capacity at or above the volume for which they are designed, and all invasive vegetation, excess sediment and debris to be removed as needed and healthy plant growth to be maintained, to ensure the continuation of performance as designed. If sediment decreases the wet storage volume of a storage treatment basin by fifty percent (50%) of its original design volume, within one (1) year after the date of discovery of such decrease the Association shall cause the basin to be restored to its original design contours, and vegetation disturbed thereby to be restored. In addition, the Association shall submit to the Watershed District annually a brief written report describing the Association's stormwater facility maintenance activities, including dates and locations of inspections and maintenance activities performed. The Association shall be responsible for compliance with the terms of this Section 3.8, and the Watershed District shall have the right to enter onto the Property to enforce compliance with the provisions of this Section. 11 Error? Unknown document property name. 3.9 Conservation Easement. Developer hereby reserves a temporary easement for itself for so long as Developer owns any of the Lots, and hereby grants a perpetual easement to the Association, for access to, on, over and across those portions of the Property as reasonably shall be required in order to implement and adhere to the recommendations contained in the Conservation Design Report and Master Plan for the Property, dated May 26, 2015, as required by the City as a condition to the City's approval of the Plat. The Association shall be responsible for implementing and enforcing adherence to such recommendations by each of the Owners affected thereby, and the costs incurred by the Association in complying with the provisions of this Section 3.9 shall be Common Expenses. ARTICLE IV NUISANCES; ANIMALS 4.1 Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Owner or occupant of any other Lot. 4.2 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, birds and other common household pets may be kept so long as: they are not kept, bred or maintained for any commercial purpose; they are maintained in accordance with all applicable laws and ordinances, including without limitation any limitations on the number of any such animals and limitations on the housing and fencing required for such animals; they are housed within the primary residential dwelling or the garage on a Lot, except as otherwise approved by the Committee; and they are not allowed to run at large on the Lot of any Owner other than the owner of the pet, or on any street or road adjoining any of the Lots or any other portion of the Property. 12 Error! Unknown document property name. ARTICLE V GARBAGE AND REFUSE; OUTDOOR STORAGE 5.1 Rubbish, Trash and Garbage. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, rubbish, brush, cuttings and other waste shall be kept only in sanitary containers shielded from view, in a manner approved in writing by the Committee, from roads, easements, other Lots and any other portions of the Property. 5.2 Firewood. Firewood may be kept outside a building only if shielded from view, in a manner approved in writing by the Committee, from roads, easements, other Lots and any other portions of the Property. 5.3 Outdoor Storage. No motor vehicle, watercraft, trailer or piece of recreational equipment, including but not limited to camping trailers, motor homes, snowmobiles, motorcycles, motorbikes, boats and canoes, shall be permanently or temporarily stored on a Lot outside of a garage, dwelling, or area screened from view from roads, easements, other Lots and any other portion of the Property. No commercial vehicle, equipment, parts or machinery shall be permanently or temporarily stored on a Lot outside of a building on the Lot. ARTICLE VI DESIGN REVIEW 6.1 Design Review Committee. No building, structure or other improvement to a Lot shall be erected, placed, altered, expanded or occupied on any Lot, nor shall site grading, landscaping or preparation of a Lot occur, until the building plans and specifications and site plan showing the location of such building or other structure or improvement, or alteration or expansion thereof, and/or the landscaping plan, have been approved by the design review committee (the "Committee"). The Committee initially shall be composed solely of Paul 13 Error! Unknown document property name. Cameron, unless and until Developer designates a different member by written notice to the Owner of each of the Lots. Thereafter, whenever Developer ceases to be the Owner of at least one of the Lots, the Committee shall be composed of the Directors of the Association, or three persons designated by the Directors of the Association. In the event of the death or resignation of any member of the Committee, the remaining member or members shall have full authority to act as the Committee until a substitute Director of the Association, or a substitute person designated by the Directors of the Association, is elected or appointed, as the case may be. The Committee shall meet as frequently as necessary, upon reasonable notice to the Owners and members of the Committee. All decisions of the Committee shall be by majority rule. The Committee shall not unreasonably fail or refuse to approve any application or request by an Owner. 6.2 Objectives. The objectives of the Committee shall include, among others, the following: (a) To promote long-term community quality by encouraging construction on the Lots of only single-family homes and related improvements of appropriate architectural style and exterior design; (b) To protect and preserve the character and nature of the Property, including its landscape, pleasing views and natural characteristics; (c) To prevent any commercial, business or industrial use of the Lots; (d) To promote the use of only quality exterior materials and finishes, of a color and applied in a manner that enhance the appeal and compatibility of the residential community within the Property; 14 Error! Unknown document property name. (e) To promote adequate and reasonable development of the Property, appropriate to the type of homes to be constructed thereon; (f) To promote the erection of buildings appropriately located on the Lots, to foster and preserve a harmonious appearance and function and to preserve the quality of views from other Lots; (g) To enforce compliance with all terms, general and specific standards, and other use restrictions contained herein or in any other document duly recorded which affects title to any part of the Property; (h) To promote compatibility of alterations made to any dwelling or other improvements on a Lot with the existing dwellings and other improvements on the other Lots; and (i) To promote compatibility of landscaping on Lots in order to achieve a harmonious viewscape from other Lots and to preserve and enhance the aesthetic quality of the Property. 6.3 Review Process. Design review by the Committee shall include but not be limited to (a) site grading and landscaping plans; (b) location of all buildings and other improvements, including without limitation any exterior lighting, tennis court or other sport court; (c) height and mass of buildings in relation to other houses on Lots and the general topography of the Property (d) driveway access; (e) exterior finish materials; and (f) location, composition, size, color and design of any and all fencing. Prior to commencement of construction or site grading on any Lot, the Owner of the Lot shall submit to the Committee: a site plan of the Lot, showing existing grades, Lot lines, setback lines, proposed location of each building, and the location, length and width of all driveways, fences, sidewalks, patios, pools, and tennis or other sports court; a site 15 Error! Unknown document property name. grading and tree clearing plan, which shall identify all Drainfield Sites protection measures and all installations of silt fences; two (2) sets of construction plans for the building(s), including interior floor plans, renderings of all exterior elevations, and an identification of the character, quality and color and, if available, the manufacturer, of all exterior materials and finishes; and renderings of any proposed fences and/or retaining wall improvements. All such plans shall be not less than 24 by 36 inches in size. If, within twenty-one (21) calendar days after all of said materials have been submitted to it, the Committee or its designated representative neither disapproves such alteration or improvement nor approves the same subject to one or more conditions, and in any event if no suit to enjoin the making of such alterations or improvements has been commenced prior to the completion thereof, such approval(s) will be deemed granted, further evidence thereof will not be required, and this covenant shall be deemed to have been My performed. 6.4 Landscaping. No vegetation on a Lot shall be altered, except pursuant to a landscaping plan submitted to and approved by the Committee. Prior to commencement of any grading, tree removal or other landscape alteration beyond any such activity within the approved building area for a dwelling, and in any event not later than the earlier to occur of the date of first occupancy, or ninety (90) days after completion of construction of the dwelling on a Lot, the Owner of the Lot shall submit for review by the Committee two sets of a proposed landscape plan for the Lot, identifying all plantings, maintained yard areas, gardens, areas of proposed non - maintained natural ground cover, and proposed tree clearing. If, within twenty-one (2 1) calendar days after its receipt of the proposed landscape plan complying with the requirements of this Section 6.4, the Committee or its designated representative neither disapproves such landscape plan nor approves the same subject to one or more conditions, approval of the landscape plan 16 Error? Unknown document property name. will be deemed granted, further evidence thereof will not be required, and this covenant shall be deemed to have been fully performed. The Committee, in reviewing and approving landscape plans for Lots, shall have as one of its objectives to ensure that the landscaping on all of the Lots is harmonious with the landscaping on the other Lots. 6.5 Subsequent Improvements. After initial occupancy of the dwelling constructed on a Lot, no exterior improvement or construction which has not previously been approved pursuant to this Article VI shall be commenced, and no building, other structure or improvement to a Lot shall be altered on the exterior (excluding normal staining or repainting of a similar color), nor any substantial landscape work done on any Lot, unless the approvals required by this Article VI shall have been obtained. Notwithstanding the foregoing, in the event of a casualty to any improvements on a Lot, which improvements were approved pursuant to this Article VI, the Owner of the Lot shall be entitled to rebuild those improvements, without change from the original approved plans, without again obtaining approval by the Committee. 6,.6 Other Specific Standards. To provide guidance to Owners, Developer hereby provides the following additional design review standards which shall be enforced by the Committee: (a) Materials. The exterior walls of all buildings on a Lot shall be constructed of any of the following materials, of a quality and applied in a manner acceptable to the Committee: brick; stucco; natural stone; cultured stone; cedar shake; cedar siding; redwood siding; or other material approved by the Committee. Consistent application, on all elevations of the proposed dwelling, of corner boards, window and door trim, shutters, frieze boards and moldings are encouraged, and may be required whenever visible from any other Lot. All roof vents, plumbing stacks and flashing should closely match the 17 Error! Unknown document property name. color of surrounding materials. Driveways shall be paved, with asphalt, concrete or pavers. Approval of colors by the Committee shall be in its reasonable discretion. Exterior colors approved by the Committee may not be changed without the same approval. (b) Individual Sewage Treatment Systems. Individual sewage treatment systems shall be built into the existing contour of the Lot, and landscaped to mask the appearance of a "mound." Any access portals or pipes used to pump out underground holding tanks shall be installed not more than two inches above ground level, and shall be capped in a manner consistent with best industry practices. (c) Landsca a Plans. Generally, landscape plans shall contemplate turf, shrubs, trees and flower gardens, to be maintained by the Owner of the Lot. Landscape plans providing for non -maintained areas may be permitted only in areas of heavy tree cover. 6.7 Governmental Requirements. The provisions of this Article VI are in addition to, and not in lieu of, any and all applicable requirements of the City, the Watershed District, and any other governmental authority having jurisdiction over a Lot. Each Owner shall be responsible for determining and complying with all such governmental requirements, and neither the Committee nor the Association shall be obligated to advise any Owner with respect to governmental requirements. ARTICLE VII COMMON EXPENSES 7.1 Common Area. The costs of maintaining, repairing and replacing the Common Area, including the Private Road, subdivision monuments and any other improvements on the 18 Error! Unknown document property name. Common Area, and the costs incurred by the Association in otherwise performing its obligations under this Declaration, shall be Common Expenses. 7.2 Other Common Expenses. The following also shall be Common Expenses: (a) The costs of maintaining, repairing and replacing, and paying the cost of electricity used by, any and all street lights within the Common Area to the extent not maintained by the City or the County; (b) All special assessments levied by the City against any or all of the Lots for the improvement, reconstruction, repair or replacement of Old Crystal Bay Road, regardless whether such assessments are levied by the City against all or fewer than all of the Lots, and regardless whether the City levies such assessments against Lots in equal or unequal amounts; Area; (c) Any real estate taxes and special assessments levied against the Common (d) The costs of maintaining all storm water ponds and other storm water management facilities now or hereafter constructed on the Property; and (e) The costs of implementing and enforcing adherence to the recommendations contained in the Conservation Design Master Plan for the Property that is referred to in Section 3.8 above. ARTICLE VIII ASSESSMENTS 8.1 Creation of Lien and Personal Obligation of Owners. Each Owner, by accepting any deed or other instrument of conveyance to a Lot, whether or not it shall be so expressed in such deed or other instrument, is deemed to covenant and agree to pay to the Association general 19 Error? Unknown document property name. annual assessments or charges, and special assessments for capital improvements and other Common Expenses which are incurred less frequently than annually by the Owners, such assessments to be established and collected as hereinafter provided. All annual and special assessments assessed against a Lot, together with interest, collection costs and reasonable attorney's fees, shall be a lien on the Lot, in favor of the Association, from the due date of such assessment until paid in full. Each such assessment, together with interest, collection costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of the Lot as of the due date of the assessment, and if more than one person is the Owner of the Lot, each such person shall be jointly and severally liable therefor. Such assessments shall be fixed, established and collected by the Association from time to time in the manner provided in this Article. 8.2 P oses of Assessments. The assessments levied against the Lots shall be used exclusively to promote the recreation, health, safety and welfare of the Owners, to improve and maintain the Common Area, to maintain and repair any amenities located within the Common Area, and to pay other Common Expenses. 8.3 Annual Assessment. The Association shall fix the amount of annual assessments and the dates and methods of payment. 8.4 Special Assessment for Capital Improvements. Special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement shall be levied only with the assent of the Owners of a majority of the Lots. 8.5 Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all Lots, and may be collected on a monthly, quarterly or annual basis, as determined from time to time by the Association. KII Error! Unknown document property name. 8.6 Effect of Nona ent of Assessments. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid, at a rate equal to the lesser of the highest rate permitted by law, or eight percent (8%) per annum. The Association may bring an action at law against an Owner who has not timely paid an assessment for which such Owner is personally obligated (a "Defaulting Owner"), and/or foreclose the lien against the Lot owned by the Defaulting Owner, to collect any assessment owed by the Defaulting Owner. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of a Lot. A suit to recover a money judgment for unpaid assessments and expenses hereunder may be maintained without foreclosing or waiving the lien securing the same. 8.7 Lien for Assessments. All sums assessed to any Lot pursuant to this Article VIII, together with interest thereon and other costs as provided herein, shall be secured by a lien thereon in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot except only for liens for general and special taxes, and the lien of any first mortgage on a Lot. All other Persons acquiring a lien on any Lot shall be deemed to have consented that such Person's lien shall be inferior to future liens for assessments as provided herein, whether or not such consent is specifically set forth in the instrument creating such lien. To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a written notice of lien, setting forth the amount of the assessment, the due date, the amount remaining unpaid, the name of the Defaulting Owner and a description of the Lot, and record the same in the office of the County Recorder in and for Hennepin County, Minnesota. Such lien may be enforced by judicial foreclosure or by foreclosure by advertisement, in the same manner in which mortgages on real property may be foreclosed in ,Minnesota, and each 21 Error! Unknown document property name. current and future Owner, by becoming an Owner, hereby grants to the Association a power of sale, to enable the Association to enforce the lien hereby created by non judicial proceedings. In any such foreclosure, the Defaulting Owner shall be required to pay the costs and expenses of the Association in collecting the assessments and/or enforcing the lien, all of which shall be secured by the lien being foreclosed. In order to cause the Association to discontinue any foreclosure or any other proceedings to collect any assessment and/or to enforce any lien granted pursuant to this Declaration, the Defaulting Owner shall be obligated to pay all assessments against such Owner's Lot which shall have become due as of the date of such payment, and all costs and expenses incurred by the Association in collecting the assessments and/or enforcing such lien, including reasonable attorney's fees. A release of notice of lien shall be executed by the Association in recordable form, and may be recorded at the Defaulting Owner's expense, upon payment of all sums secured by a lien which has been the subject of a recorded notice of lien. The Association, upon written request, shall report to any Person with a valid lien on or interest in a Lot, any assessments remaining unpaid for longer than ninety (90) days after the same shall have become due. 8.8 Continuing Liability. The sale or other transfer of a Lot shall not extinguish or otherwise impair the assessment lien, nor extinguish or impair the personal obligation of the selling Owner for any delinquent assessments and interest, costs and expenses, until the same shall have been paid in full. Notwithstanding the foregoing, the personal liability of any Owner to pay assessments and any related interest, costs and expenses shall apply only as to any such assessments, interest, costs and expenses which were due when the Owner became the Owner of 22 Error! Unknown document property name. the Lot, or which became due thereafter but prior to the date on which the Owner ceased to be the Owner of the Lot. 8.9 Governmental Assessments. In the event that the Association fails to perform any of its obligations pursuant to this Declaration and such obligations were imposed by or for the benefit of the City, the County, or any other governmental or quasi -governmental entity, such governmental or quasi -governmental entity shall be entitled to pay and perform the obligations of the Association in connection therewith and to levy, impose, enforce and collect the costs so paid or incurred by such entity by an equal assessment on each of the Lots, to the fullest extent permitted by law. ARTICLE IX GENERAL PROVISIONS 9.1 Duration. The covenants, conditions, restrictions and easements in this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by and against the Owner of each Lot, and their respective legal representatives, heirs, successors and assigns. The easements created pursuant to this Declaration shall be perpetual. Any provision of this Declaration expressly benefiting the City, the County, the Watershed District or any other governmental or quasi -governmental entity, shall be perpetual and shall run with the Property. All other covenants, conditions, restrictions and reservations created by this Declaration shall continue for a term of thirty (30) years from the date of this Declaration, after which time the same shall expire except to the extent preserved in a duly recorded instrument, signed by the Owners of at least three (3) of the Lots, agreeing to extend the duration of this Declaration. 23 Error! Unknown document property name. 9.2 Enforcement. Each Owner (including Developer so long as Developer is the Owner of at least one of the Lots) and the Association shall have the right to enforce, by any proceeding at law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter imposed by the provisions of this Declaration, including the collection of any Owner's pro rata share of Common Expenses. The City, the County, the Watershed District and any other governmental or quasi -governmental entity, shall have the right to enforce by any proceeding at law or in equity all easements, covenants, conditions and restrictions created by this Declaration expressly for the benefit of such entity. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages to the Association, any Owner or any other entity in the event of a violation of any of the terms hereof would be an inadequate remedy, due to the irreparable and immeasurable harm done thereby. Accordingly, the Association, each Owner (including Developer, so long as Developer is the Owner of at least one of the Lots) and any other entity shall have the right, in addition to any other remedies available at law or in equity, to apply for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, the party seeking enforcement of the terms hereof shall be entitled to recover from the party violating the terms of this Declaration reimbursement for all costs and expenses of litigation, including reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness fees, and any other costs incurred in securing such relief. 24 Error! Unknown document property name. 9.3 Severability. Invalidation of any provision hereof by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect. 9.4 Amendment. This Declaration may be amended by an instrument executed solely by Developer until Developer is the Owner of none of the Lots, and thereafter may be amended by an instrument executed by Owners of at least four (4) of the Lots; provided, however, that: Section 8.5 may not be amended without the express written consent of the Owner of each of the Lots; no part of the Property may be deprived of any easement granted pursuant to this Declaration without the written consent of each Owner and lienholder of that part of the Property; and any amendment that would modify, terminate or impair any right or remedy granted by this Declaration to the City, the County, the Watershed District or any other governmental entity shall also require the approval in writing of the City, the County, the Watershed District or such other governmental entity. 9.5 Effective Date. This Declaration shall become effective as of the date on which both the Plat and this Declaration have been recorded in the office of the County Recorder in and for Hennepin County, ,Minnesota. 9.6 Recording. Currently none of the Property is registered (Torrens) property. If, however, any portion of the Property hereafter becomes registered property, all references in this Declaration to the County Recorder automatically shall refer to both the County Recorder and the Registrar of Titles of Hennepin County, Minnesota unless and until all of the Property becomes registered property, at which time all references in this Declaration to the County Recorder shall refer solely to the Registrar of Titles of Hennepin County, Minnesota. 9.7 Joinder by Association. The Association is executing this Declaration to evidence its agreement to perform its obligations under this Declaration. 25 Error! Unknown document property name. IN WITNESS WHEREOF, Developer and the Association have caused this Declaration to be duly executed on the day and year first above written. DEVELOPER: ASSOCIATION: Chamberlain Capital LLC Crystal Bay Estates Homeowners Association 59-2 Paul Cameron Its: Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Paul Cameron Its: President The foregoing instrument was acknowledged before me this _ day of 2016, by Paul Cameron, as the Chief Manager of Chamberlain Capital LLC, a Minnesota limited liability company, and as the President of Crystal Bay Preserve Homeowners Association, a Minnesota nonprofit corporation, on behalf of said limited liability company and said corporation. Notary Public This instrument was drafted by: Moss & Barnett (JLW) A Professional Association 150 South Fifth Street, #1200 Minneapolis, MN 55402 (612) 877-5000 26 Error! Unknown document property name. EXHIBIT "A" THE PROPERTY The following described real property situated in Hennepin County, Minnesota: The North 1/4 of the Southeast '/4 of the Southwest 114 of Section 33, Township 118, Range 23, Hennepin County, Minnesota; G Q,101 The South 5 and 1/3 acres of the South 16 acres of the Northeast'/4 of the Southwest V4 of Section 33, Township 118 North, Range 23 West of the 5t` Principal Meridian, Hennepin County, Minnesota. Error! Unknown document property name. MAINTENANCE EASEMENT AREA That part of Lot 5, Block 1, CRYSTAL BAY ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: commencing at the northwest corner of said Lot 5; thence North 86 degrees 48 minutes 40 seconds East, along the northerly line of said Lot 5, a distance of 308.75 feet to the northeast corner of said Lot 5; thence 31.23 feet southeasterly, along a non-tangential curve, concave to the northeast, having a radius of 50.00 feet, a central angle of 35 degrees 47 minutes 11 seconds, and a chord that bears South 37 degrees 53 minutes 19 seconds East for 30.72 feet; thence South 34 degrees 13 minutes 06 seconds West, a distance of 98.94 feet; thence South 77 degrees 43 minutes 17 seconds West a distance of 115.21 feet; thence North 44 degrees 57 minutes 59 seconds West a distance of 62.10 feet; thence on a bearing of West a distance of 115.68 feet to the westerly line of said Lot 5; thence North 00 degrees 31 minutes 55 seconds East, along said westerly line, a distance of 69.45 feet to the point of beginning. Error! Unknown document property name. EXHIBIT "C" MONUMENTATION EASEMENT AREAS That part of Lot 1, Block 1, CRYSTAL BAY ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, lying southeasterly of a line described as follows: commencing at the southeast corner of said Lot 1; thence North 00 degrees 16 minutes 00 seconds East, along the east line of said Lot 1, a distance of 40.00 feet to the point of beginning of the line to be described; thence South 45 degrees 37 minutes 24 seconds West a distance of 56.22 feet to the south line of said Lot 1 and said line there terminating. D That part of Lot 6, Block 1, CRYSTAL BAY ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of a line described as follows: commencing at the northeast corner of said Lot 6; thence South 00 degrees 16 minutes 00 seconds West, along the east line of said Lot 6, a distance of 40.00 feet to the point of beginning of the line to be described; thence North 44 degrees 23 minutes 45 seconds West a distance of 56.90 feet to the north line of said Lot 6 and said line there terminating. Error! Unknown document property name. EXHIBIT "D" WETLAND BUFFER AREAS, WETLAND BUFFER MONUMENT LOCATIONS AND CURRENTLY APPROVED DRAINFIELD SITES r r7 Error! Unknown document property name. s fill in I �j0. j S S F 4.. E : I' Error! Unknown document property name. EXHIBIT E APPROVED STORMWATER MAINTENANCE FACILITIES PLAN ,$ OF C. • .. . ` . Error! Unknown document property name. Councii Exhibit H DEVELOPMENT CONTRACT (Developer Installed Improvements) CRYSTAL BAY ESTATES PROJECT NO. 15-3749 (Final Plat File #16-3858) THIS DEVELOPMENT CONTRACT (this "Contract") is dated September , 2016, by and between the CITY OF ORONO, a Minnesota municipal corporation (the "City"); and CHAMBERLAIN CAPITAL, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for "CRYSTAL BAY ESTATES" (referred to in this Contract as the "Plat"). The land to be subdivided by the Plat (the "Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described as follows: The South 5 and 113 acres of the South 16 acres of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 118 North, Range 23, West of the 51' Principal Meridian, Hennepin County, Minnesota; and The North 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota. CrysWBayEstates-v2-mpg-8122116 Error! Unknown document property name. 2. CONDITIONS OF PLAT APPROVAL. The Plat adheres to the purpose and intent of the Orono Community Management Plan, as amended. The City hereby approves the Plat on condition that the Developer enter into this Contract and furnish the security required by it. The City will cause the Plat to be duly recorded in the office of the County Recorder in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. Recording of the Plat in the office of said County Recorder will evidence compliance by the Developer with all requirements under this Contract that are to be satisfied before the recording of the Plat. 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise disturb the earth, remove trees, or construct sewer lines, water lines, streets, utilities, public or private improvements or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" (defined below) has been received by the City, and 3) the City has received assurance that the Plat has been duly recorded in the office of said County Recorder. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS.N/A 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years after the date of this Contract, no amendment to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Land unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted 2 CrystalBayEstates-v2-mpg-8122116 Error! Unknown document property name. by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT PLANS. The Land shall be developed in accordance with the following plans, as they hereafter may be amended with the written consent of the Developer and the City Engineer (collectively, as so amended, the "Plans"), subject to the comments and recommendations of the City Engineer in his letters dated September 9, 2015 and August 16, 2016. The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Minnehaha Creek Watershed District ("MCWD"). If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans currently are: Plan A — Plat of Crystal Bay Estates Plan B — Sheet 1 of 7: Title Sheet (last dated 7/18/16) Plan C — Sheet 2 of 7: Existing Conditions & Demolition Plan (last dated 7/18/16) Plan D — Sheet 3 of 7: Final Street Plan (last dated 7/18/16) Plan E — Sheet 4 of 7: Final Grading & Storm Sewer Plan (last dated 7/18/16) Plan F -- Sheet 5 of 7: Final Erosion Control Plan (last dated 7/18/16) Plan G -- Sheet 6 of 7: Landscape Plan (last dated 7/12/16) Plan H — Sheet 7 of 7: City Details (last dated 7/12/16) Plan I — Sheet SW: SWPPP Plan (last dated 7/18/16) (Incl. Plans E & F) Plan J — Sheet DA: Drainage Areas (last dated 7/18/16) Plan K — Sheet TSI of TS2:Tree Plan (last dated 7/12/16) Plan L — Sheet TS2 of TS2: Tree Survey (last dated 7/12/16) Plan M — Conservation Design Report and Management Program by Svoboda Ecological Resources, dated May 26, 2015 Plan N — Monument Design — Sheets 1 thru 3 by Tivoli Build Design, dated 7/17/16 3 CrystalBayEstates-V2-mpg-8122116 Error! Unknown document property name. 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"): A. Site Grading, Ponding, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Private Roadway E. Traffic Control, Street and Development Identification Signs F. Underground Utilities G. Stormwater Management Facilities The Improvements shall be installed in accordance with the Plans, the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an auto 4 CrysWBayEstates-v2-mpg-8122116 Error? Unknown document property name. CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. Developer will install any required sidewalks and trails just prior to the installation of the final lift of asphalt. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.02 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the "security" is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: Hennepin County for County Road Access and Work in County ROW MnDNR for Dewatering • City of Orono for Building Permits MCWD for erosion control permit and storm water management permit NPDES Permit (National Pollutant Discharge Elimination System) from MPCA 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 5 CrystalBayEstates-v2-mpg-812211 b Error! Unknown document property name. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the Plans by November 30, 2017, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and September 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the "security" to reflect cost increases and the extended completion date. Final wear course placement must have the written approval. of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 13. LICENSE. The Developer hereby grants to the City, its agents, employees, officers and contractors, a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. 14. EROSION CONTROL. Prior to initiating site grading, the erosion controls per Plan F subject to the comments, required revisions and recommendations of the City Engineer in his letters dated September 9, 2015 and August 16, 2016, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that 6 CrystatBayEstates-v2-mpg-8/22/16 Error! Unknown document property name. time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Land is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The Land shall be graded in accordance with the approved Plan D Final Street Plan and Plan E — Final Grading & Storm Sewer Plan. The plan shall conform to City of Orono specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion 7 Crysta1BayEstates-v2-mpg-8122116 Error! Unknown document property name. control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will be monitored and constructed to meet or exceed FHA/HUD 79G specifications 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer or the Developer's builders, subcontractors or their agents or assigns. Prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. The Developer shall enter into and cause to be duly recorded in the office of said County Recorder a declaration of covenants, conditions, restrictions and easements (the "Declaration") governing, among other things, the maintenance and use of the private roadway on the Land. Upon completion of the Improvements, the City shall inspect the Improvements and notify Developer if any of the Improvements do not conform to the requirements of this Contract. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the Improvements, coordination for final inspection and acceptance, monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly, and paid out of and drawn against the escrow account established by Developer for payment of all City consultant fees. 8 CrystalBayEstates-v2-mpg-8/22116 Error! Unknown document property name. 19. CLAIMS. In the event that the City receives claims from any supplier of labor, material, or other services that work required by this Contract has been performed, the sums due them have not been paid, and the supplier of labor, material, or other services are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the "security" in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit the City shall be released, discharged and dismissed from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee of $7,680.00 per lot calculated as follows: $7,680.00 per lot x 6 lots $46,080.00 21. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement for the City of Orono. Because the value of each newly created lot in the Plat will be in excess of the threshold value of $69,375.00, the eight percent (8%) park fee cap of $5,550.00 per lot will apply; therefore, the Park Dedication Fee is calculated as follows: $5,550.00 per lot x 4 lots = $22,200.00 22. LANDSCAPING. All landscaping shall be installed in accordance with the approved landscape plan. 23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: 9 CrystalBayEstates-v2-mpg-8122116 Error! Unknown document property name. A. Implementation of and adherence to the findings and conditions listed in Resolution No. 6528 Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 185-225 Old Crystal Bay Road North - File No. 15-3749, adopted by the Orono City Council on July 27, 2015. B. Before the City releases the Plat for recording, the Developer shall provide the City with the Declaration, appropriately executed in recordable form, governing among other things the permanent flowage and preservation of wetlands and specifying the proposed conditions and limitations to be placed on the wetlands within the Land. The Declaration shall adhere to the City -required minimum setbacks from the delineated wetland boundaries and from MCWD-imposed wetland buffers. C. Developer shall be required to implement and adhere to the recommendations and provisions contained within the Conservation Design Report and Management Program, Plan I, the provisions of which are incorporated herein by reference. D. The City will not release the Plat for recording until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. E. Vehicular access to the Lots shall be individual driveways onto the new private road to be constructed within Outlot A by the Developer to provide access to Old Crystal Bay Road, with final driveway locations subject to City Engineer/Public Works Director approval at the time of building permit issuance. The road in Outlot A shall be subject to the standard road, drainage and utility easements to be granted to the City pursuant to the Declaration. The Developer shall establish a homeowner's association to ensure that the private road will be maintained to reasonable standards at all times by a homeowner's association, and 10 CrystalBayEstates-v2-mpg-8122116 Error! Unknown document property name. 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. All existing access driveways along Old Crystal Bay Road shall be removed and made impassable upon completion of the new private road. F. Each proposed lot contains at least 2.0 acres of dry buildable land and has a proposed building site meeting the RR -IB setback standards (50' front and rear, 30' sides). Because the short side of a corner lot is technically defined as the front, both Lots 1 and 6 are corner lots with their defined front yards abutting Old Crystal Bay Road. The intent of the Developer is that both lots have their defined front yards as the frontage abutting the private road. Given the layout of the subdivision, it is appropriate to specifically and formally define the yards for setback purposes for Lots 1 and 6 as those proposed on the preliminary plat. For zoning purposes, the north and south yards of Lots 1 and 6 will be considered as front or rear yards; the side yards abutting Old Crystal Bay Road will be considered as side street yards; and the yards abutting the west boundaries will be considered as side yards. G. Before the City releases the Plat for recording, the Developer shall submit homeowners association documents for review and approval by the City Attorney. The Declaration shall provide that the homeowners association shall be responsible for maintenance of the private road, stormwater ponds and stormwater management facilities within the Land. H. The Declaration shall also include ownership and perpetual maintenance responsibilities of the homeowners association for any proposed permanent subdivision identification monument signage and retaining walls to be installed within the Land. A sign permit must be obtained from the City Building Official prior to installation of any temporary or permanent subdivision identification signage. Such signs shall comply with setbacks and shall 11 Crysta]BayEstates-W2-mpg-8122116 Error! Unknown document property name. be located outside the sight visibility triangle in compliance with City sign ordinance requirements. The City sign ordinance allows temporary subdivision identification signs on corner lots provided the signs meet area, height, and setback requirements, and provided the Developer submits a $1,000.00 per sign security guaranteeing sign removal when the subdivision is fully developed. I. All 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. The Declaration shall impose special precautions, including but not limited to protective covenants as well as physical barriers during construction activity, to protect these sites on both a short-term and long-term basis, as municipal sewers are not projected to be extended to serve the Land. J. Before the City releases the Plat for recording, the Developer shall furnish a boundary survey of the Land with all property corner monumentation of the Land in place and marked with lath and a flag. Any encroachments on or adjacent to the Land shall be noted on the survey. The Developer shall post a $600.00 security (the "Monument Security") for the final placement of interior subdivision iron monuments at property corners and the placement of all monuments required by law. The Monument Security was calculated as follows: six (6) lots at $100.00 per lot. The Monument Security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. 12 Crysta]BayEstates-v2-mpg-8122116 Error? Unknown document property name. K. All of the proposed lots shall contain suitable area meeting all established setback requirements to allow the construction of single family residences. Principal structure setbacks shall adhere to the required setbacks of the underlying RR -1B Zoning District. L. The Developer shall pay to the city engineer the amounts incurred for the preparation of record construction drawings and City base map upgrading. M. The Developer shall submit the final Plat in electronic format. The Plat shall be created using Hennepin County Coordinates. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1" = 200'. N. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. O. For Lots 2, 3, 4, 5, and 6 the proposed grading plan (Plan E) contours that depict proposed building pads shall become the new existing grade for determinations of number of stories and building height. For Lot 1, the existing contours shall be used to determine the number of stories and building height. 13 CrysWBayEstates-v2-mpg-$/22/16 Error? Unknown document property name. P. The Developer shall provide information to the initial buyers of each lot regarding the necessity of preserving alternate mound drainfield sites. 24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The amount of the security shall be . The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, the City shall authorize the reduction in the amount of the security from time to time by ninety percent (901/6) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by the City Engineer, shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 14 CrystalBayEstates-v2-mpg-8/22/16 Error! Unknown document property name. 25. SUMMARY OF CASK REQUIREMENTS. The following is a summary of the rah requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval: Park Fee $ 22,200.00 Storm Water and Drainage Trunk Fee 46,080.00 Engineering, Oversight and Erosion Control Final Plat Fee 700.00 Total Cash Requirements & Fees $ 26. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council as documented in official City minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 27. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to MCWD charges, legal, planning, engineering and inspection expenses incurred in 15 Crysta!BayEstates-v2-mpg-8122116 Error! Unknown document property name. connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Land. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by the Developer and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which the City acts as agent may be imposed such as, but not limited to, connection charges and building permit fees. 16 CrystaBayEstates-v2-mpg-8122116 Error? Unknown document property name. 28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer. 29. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. this Contract. B. Third parties shall have no recourse against the City or Developer under C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, :including those for lots sold to third parties that have not been released from this Contract. 17 CrystalBayEstates-v2-mpg-8122/16 Error? Unknown document property name. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. E. Grading and one lift of asphalt shall be installed on all streets prior to issuance of any building permits for homes accessing via said streets. F. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the Land and may be recorded against the Land. The Developer represents to the City, its successors and assigns, that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in or lien on the Land; that there are no 18 CrystalB ayEstates-v2-mpg-812211 b Error! Unknown document property name. unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, (i) a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied as they affect that lot, and (ii) a termination of this Contract upon satisfaction of all obligations of the Developer under this Contract. K. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. 30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 11578 Chamberlain Court, Eden Prairie, IMN 55344. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the 19 CrystalBayEstates-v2-mpg-$/22/16 Error! Unknown document property name. following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such parry thereafter shall be given, by providing to the other party notice of such change. (Remainder of Page Intentionally Left Blank] 20 Crysta]BayEstates-rv-mpg-8122116 Error? Unknown document property name. CITY: CITY OF ORONO By: Lili Tod McMillan, Mayor (SEAL) By: Jessica Loftus, City Administrator DEVELOPER: CHAMBERLAIN CAPITAL, LLC By Paul Cameron Its Chief Manager 21 CrystaiBayEstates-v2-mpg-8122116 Error! Unknown document property name. STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016 by Lili Tod McMillan and by Jessica Loftus, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN, ) The foregoing instrument was acknowledged before me this day of September, 2016, by Paul Cameron, the Chief Manager of CHAMBERLAIN CAPITAL, LLC, a Minnesota limited liability company, on behalf of the company. Notary public DRAFTED BY; CAMPBELL KNursoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SIMM 22 CrystalBayEstates-v2-mpg-8122116 Error! Unknown document property name. MORTGAGEE CONSENT TO DEVELOPMENT CONTRACT Bridgewater Bank, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2015. Bridgewater Bank By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this '2016, by , the of Bridgewater Bank, a Minnesota banking corporation, on behalf of said corporation. NOTARY PUBLIC DRAFTED BY: CAMPBELL KI`UTSON Professional Association 317 Eagandale Office Center 1350 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM 23 CrystalBayEstates-v2-mpg-8122116 Error! Unknown document property name. day of TO IRREVOCABLE LETTER OF CREDIT City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Sir or Madam: We hereby issue, for the account of Irrevocable Letter of Credit in the amount of $ undersigned bank. The draft must: No. Date: and in your favor, our available to you by your draft drawn on sight on the a) Bear the clause, "Drawn under Letter of Credit No. dated 2 of {Name of Bank; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that is in default of the Development Contract with the City of Orono and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bg&j -, on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. SOO& , This agreement shall be construed and interpreted under Minnesota Law. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. M its 24 CrystalBayEstates-v2-mpg-8/22/16 Error! Unknown document property name. CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Orono ADDRESS: ARCH/ENGR: INSURED: AGENT: ADDRESS: ADDRESS: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE I I EXPIRATION DATE / t INSURANCE COMPANY: COVERAGE -Workers' Compensation, Statutory. Employers' Liability Limit $ Each Accident $ Disease Policy Limit $ Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY # EFFECTIVE DATE 1 1 EXPIRATION DATE—/—/. INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective (} Other LIMITS: General Aggregate Limit (Other Than Products -Completed Operations) $ Products -Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ 4� 25 CrystalBayF-states-v2-mpg-$122/16 Error! Unknown document property name. Each Occurrence COVERAGE PROVIDED Operations of Contractor: Yes No Operations of Sub -Contractor (Contingent): Yes Does Personal Injury Include No Claims Related to Employment: Yes No Completed Operations/Products: Yes No Contractual Liability (Broad Form): Yes No EXCEPTIONS: No _ __ Government Immunity is Waived Yes. No Property Damage Liability Includes Damage Due to Blasting Yes No Damage Due to Collapse Yes No Damage To Underground Facilities Yes No Broad Form Property Damage Yes AUTOMOBILE LIABILITY POLICY # EFFECTIVE DATE: EXPIRATION DATE: INSURANCE COMPANY: ( )Any Auto ( )All Owned Autos ( )Scheduled Autos ( )Hired Autos ONlon-Owned Autos LIMITS: Bodily Injury $ Each Person / $ Each Occurrence OR Combined Single Limit $ Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # EFFECTIVE DATE-.—/ / EXPIRATION DATE: INSURANCE COMPAN Y LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence $ Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes No Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes No If So, List Amount $ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes 26 CrysWBayEstates-ti2-mpg-8122116 Error! Unknown document property name. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days' notice to the parties to whom this certificate is issued. Dated at: On: _ _ By: MN License # Authorized Insurance Representative 27 CrystalBayEstates-v2-mpg-8/22116 Error! Unknown document property name. Date Application Received: 8/12/16 Date Application Considered as Complete: 8/12/16 60 -Day Review Period Expires: 10/11/16 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Y"_4 Date: September 12, 2016 Item No.: 16 Agenda Section: Planning Dept. Item Description: #15-3763/16-3860, Christopher & Gail Bollis / Christopher & Rachel Bollis 200-350 Stubbs Bay Road North - Final Plat Review List of Exhibits A — Final Plat Application & Submittal Narrative 8/5/16 B — Draft Final Plat Drawing C — Final Development Plans D — City Engineer Comment Letter 9/2/16 E — Plan Excerpts re Horizontal Curve Radius Variance F — Draft Covenants G — Proposed Septic System Agreement H — Preliminary Plat Approval Resolution No. 6536 (9/14/15) On September 14, 2015 the City Council adopted Resolution No. 6536 granting preliminary approval for a 7 -lot residential plat of the properties at 200-350 Stubbs Bay Road North. The applicants have applied for final plat approval in order to finalize the project and proceed (the 5 - lot proposal reviewed by the Planning Commission this summer has been dropped). A small number of questions have been brought forth by staff and consultants that require Council review and direction prior to final plat approval, which is anticipated for the Council's September 26 meeting. Issues for Council Consideration Road Design. Consulting Engineer Bob Bean has noted that certain horizontal curves in the road design do not meet the City's 275' minimum radius requirement for a 30 mph road (Exhibit D, Item 3.1 and Exhibit E). The long curve leading to the new cul- de-sac has a 250' radius and is not an issue in staff's opinion. However, the snakelike configuration just north of the existing cul-de-sac has a series of nonconforming curves in an attempt to save trees in this area, maintaining a screening buffer to the neighbors to the south. While this was discussed during the preliminary plat review, it was not apparent at that time that the curves would not be in compliance with code. Issue: What are the justifications for the variance to the road design standards to allow this? Staff would argue that the attempt to save trees is a weak justification, as Orono has generally declined to grant variances based on saving a tree, having experienced 15-3763/16-3860 September 8, 2016 Page 2 many times the ultimate loss of said tree during or shortly after construction. Perhaps the stronger justification would be that the `wobble' in the road will have a traffic calming effect, which addresses speeding concerns voiced by the neighbors during the preliminary plat review. Does the Council find sufficient justification to grant the horizontal curve variances? 2. Road Construction Process. Condition 8 of the preliminary plat resolution (Exhibit G, page 7) is a requirement that road construction equipment gain access via Stubbs Bay Road through Outlot A, to avoid traffic on Kintyre Lane, both from the standpoint of safety and to minimize damage to the existing private road. Applicants note that their road contractor has advised that the paving process (including asphalt hauling) must use existing Kintyre for access to avoid damage to concrete curbing that will be installed prior to paving. The southerly 250' of the new road will have curb and gutter, while the northerly 450' will be a rural section with ditches. Is the use of Kintyre lane for paving access acceptable? If so, staff would recommend that the existing condition of Kintyre Lane be carefully documented prior to road construction and any damage due to that construction be repaired by the developer. If Kintyre Lane cannot be used, the paving contractor will have to find an alternative access route through Outlot A (or from the driveway serving 350 Stubbs Bay Road...) Does Council find sufficient justification to allow paving access through existing Kintyre Lane? 3. Future Use of Driveway in Outlot A, Tamarack Hill. Applicants have requested that the gravel driveway currently serving the existing homes at 300 and 350 Stubbs Bay Road North be allowed as access for Lots 5 and/or 6 for some indeterminate amount of time, potentially related to construction of homes on either lot prior to completion of the new road and cul-de-sac from the south, or potentially in perpetuity. Code Section 18-136(a), Residential driveways, approaches and turnaround states that "one driveway approach shall be allowed from up to two single residential parcels of land to the same road, provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one public road shall be allowed to have a driveway approach to one public road." Lots 5 and 6 cannot have accesses to both the north and south based on this code requirement. Additional issues for consideration include: - If both Lots 5 and 6 gain access from the Outlot driveway, that is a total of three homes using a shared driveway, which is not allowed and which triggers an upgrade of that driveway to private road standards (paved, and with a cul-de-sac). - Temporary use of the existing 600' + long gravel driveway for new construction on a new lot should at a minimum be subject to review by the Fire Department for emergency accessibility. - There is concern regarding the creek crossing at the east end of that driveway which is fairly narrow. - Any permanent use of that driveway as access suggests that Lots 5 and 6 must be treated as `through' lots, abutting roads at opposite lot boundaries, which affects setback requirements for accessory structures. 15-3763/16-3860 September 8, 2016 Page 3 - A comment by the City Attorney is that the driveway access easements and covenants should be reviewed by the applicants, given that if Lots 5 and 6 abandon access to the driveway in favor of the new cul-de-sac, they might still be responsible for maintenance of a driveway they aren't using. Finally, if the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. The applicants are preparing a proposal for future use of the driveway and will be discussing that with the Council at Monday's meeting. Additional Items of Note Septic System Straddling lot Line. The applicants have provided an Agreement regarding use of the septic system straddling the lot line between Lots 4 and 5. The Agreement requires that within 120 days after common ownership of the two lots ceases, the system has to be removed/relocated to become conforming. This does not specifically follow the 5 `trigger' conditions established in the preliminary plat approvals (Resol. 6536, condition 11 on page 7); staff is reviewing whether the agreement is acceptable as -is. Building Pads. Applicants are proposing to grade building pads into certain lots, creating new Engineered Grades to establish Existing Ground Levels for individual building purposes. Existing Accessory Buildings on Outlot A. Outlot A of Kintyre Preserve is intended to remain in the ownership of the owners of 200 Stubbs Bay Road as open space for the time being, potentially for future development. There are two accessory buildings on Outlot A, but after the subdivision is approved the existing principal residence to which those buildings are accessory will be removed since it is in the way of the new road. It is staff's intent that the plat approval resolution document that those two buildings become nonconforming but are allowed to remain as -is. (One of those buildings was the subject of a variance in 2002 as being nearer Stubbs Bay Road than the existing residence). Wetland Easements — Vacation Issue. There are existing Wetland Drainage Easements on Lot 2 of Tamarack Hill which will be superseded by new Drainage Easements on the new plat. Staff is reviewing whether the existing easements need to be vacated. If so, that can happen after plat approval and recording. HOA Documents. Applicants have submitted Homeowners Association documents including Articles of Incorporation, Bylaws, and Rules and Regulations which will be filed at the time of plat recording. Final Plat Approval The City Attorney is currently reviewing the submitted development documents to ensure that all pertinent items have been addressed, and is preparing a Development Contract. Staff will be preparing a Final Plat Approval resolution for Council review and adoption on September 26. 15-3763/16-3860 September 8, 2016 Page 4 COUNCIL ACTION REQUESTED Review the attached plans and documents, and provide staff and applicants with as much direction as possible with regards to the 3 Issues for Council Consideration note above. Identify any remaining issues of concern. Direct staff to finalize documents for final plat approval expected to be granted on September 26. City of Orono Council Subdivision Application Exhibit 2750 Kelley Parkway Application j Orono, MN 55958 Date RecelwW: 14(17-114 Staff fax: 952-2494818 Main: 2-24 9616 Application Fee: -too ANPua _ ,x Matliltg Addrew Eacrow o & $ M A1100% m4ffupw P.O. Box 68 Crystal say, MN 55323-0068 Notes: hL ,0 PDJ P2-r,Z= ft&-fe,mw- &W* I # Hfs,D� StbRl�tr� t+c�l' PROPERTY INFORMATION: f28L' 3 Site Address: _ Property Identification Number (PIN): '32-11 5 2 3 L4Z 000 3 _1 -3-21 f W 2 3 gzao02 ' Date Property Acquired (month/year): ❑ Abstract ❑ Tomens (Please check one) Present use of property: i? Residential, number of Units ❑ Other (specify) Zoning District: APPLICANT/ AGENT INFORMATION: Phone legal dames and marital -V-] PROPERTY OWNER INFORMATION: ❑ check here if property owner Is same (Complemily gal names and marital statusquired a rr:tsrested Fte ) L /'+'�,wr-t 02".0 Sf+7 � WS Rouj-s' Phone (primary): f Address: -4 9 ft.- &A W i2- ADorru o t g Email: - CP 41 EXISTING LAND USE: Number of Tax Parcels: Development Size: L► • Acres Dry Land Acres Wet Land Acres Taw. all parcels PROPOSED LAND USE: ❑ Division for Tax Purposes Subdivision for N+rwlt Building Sites Number of Building Sites: Existing Units; New Units: Total Units: Proposed Gross Density Units per acres Minimum Lot Size: Square feet dry buildable land Proposed Use (checkesiden al 0 Mer (sp ) for each interested party) applicant 1%S RECEIVED AUa 12 2018 Yrf • OF ORO• O APPLICANT/AGENT ANWOR PROPERTY OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) andlor consultant expenses incurred in review of this application, and • Certify that the information supplied Is true and correct to the best of hislher knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to refect It until It is complem or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of Investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant andlor owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assicned to your project. /''i 1) ApplicantlAgent Sig Applicant/Agent Property Owner Signatu Property Owner Date: /0. /(� Date: Date; ekkr- Date: VU . r' RECEIVED AUG 12 2016 3860 GM OF OMM APPLICATION FEES: (Staff to indicate to [X] those which apply) 8pplication Base Fe": Special Ian rovement Fees: *plus, Engineering & Legal Review Cost Total Sketch Plan Review Class 111 & III $350* Subdivision Application Class I & 1 or Lot Line Rearrangement) $700* Preliminary plat Review, plus $30/lot Class III & all non-residential $850* IC Final Plat Review $700* Renewal of Subdivision Approval (Class 1, II & III or Lot Line Rearrangement) from No Cha a from Original Approval $350' lication Escrow Class i II & III and Lot Line Rearrangement) No Public Im rovements $2,500 A lication Class 1 II & III and Lot Line Rearrangement) with Public Irn rovements $10,000 Park Fees to be determined per Section 82-227) As incurred Special Ian rovement Fees: *plus, Engineering & Legal Review Flexible Application Fees / Miscellaneous Fees; *plus, Engineering & Legal Review Cost Total Proposed Private Roads, plus $.50/lineal That $650* + Proposed Public Roadsplus $.50/11neal foot $950* + Request for City to Accept Existing Private Road $950* f�equest for City to maintain unimproved public road $225 Proposed Sanitary Sewer Main Extensionplus $25/stub $275* + Pmposed Watemiain Extensionplus $25/stub $2751+ Proposed Storm Sewer S stern excluding culverts $250" On-site S m Site Evaluation Review (applicable to rural subdivision 180/per lot x$60 Flexible Application Fees / Miscellaneous Fees; *plus, Engineering & Legal Review *plus, Engineering & Legal Review Total Escrow Amount $2,500 / $10,000 / Other TOTAL DUE # 3860 RECEIVED AUB 12 2016 CM OF ORONO Cost Total Variance $700* Vacation of Public Road $100 per benefid ng proort$700 minimum per a l Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Application No fee Escrow for Vacations and Easements $700 PRD Application with Subdivision $35/dwelling unit x$35 Appeal of Administrative Decision $60 *plus, Engineering & Legal Review Total Escrow Amount $2,500 / $10,000 / Other TOTAL DUE # 3860 RECEIVED AUB 12 2016 CM OF ORONO ` SATHRE-BERGOUIST, INC. TV 150 SOUTH BROADWAY, WAYZATA, MINNESOTA, 55391 (952) 476 6000 FAX (952) 476-0104 Date: August 11, 2016 Subject: Kintyre Preserve -- 7 Lots — Final Plat Narrative Prepared For. Chris Bollis Contact: Chris Bollis 612-296-4011 Narrative: The proposed final plat for Kintyre Preserve will consist of 7 single family residential lots. Site will include 1 stonnwater pond and appro)dmately 690 feet of street terminating at a Caul De Sac. The site is located immediately to the north of Kintyre Lane and west of Stubbs Bay Road North. (Please see the final plat application package) The project was approved as a Single Family Restdential Development. The construction will begin in the Fall of 2016. KINTYRE PRESERVE 10KW AILPERSONS BY TEEM FAFSES":'11ut Chriemphw]. Bdllica Gdl M.9allu,'rue�Odmdwif°u:omttmmb,See°rnea°f�e fo+[awu8 dranbedp¢upc4'»�edoAc LbmrydH�,y�, S4rte ofMmaew4mwir F oco we�113,o he+°�theetgmemrof3acdoa 3Z, ioaaeFup 118.Rang°23 ufa1'awe:8�mg et �e oiahvenrm°°rof&asmthweatglvtfet•ol�eawdLm.tqueeiaaPBerb®32, 7oamehip llB.Rm®e73: lh�ce a�l31l3 xCds, memeamW l2mdg lhraoe wed l31l3 Tara: Pomceaosh 3v rodR thaooe sed 88 rode m the a.et:hm oTadd aMhweal rpwmr ofthe squheM 4uff1w, ammo � 42 rode: tf 0 vmdm apdu 14 113 rode a ofp®t ofbcgim® dh sort h 1 md; tbaem week 14ll3 To* rims ..r& l sod mpomt ofbaahft Aod dmf Chodoptm W. Baas ma Rachd A. BaRA msbmd sad wife as jowl umema, Te. ove®°fthe fvliowoa awattadpeopaty eiamea m amcamlr �Himepm, arae eaMataeada bort 141$ Block 1, TAMARACK HILL Have raueed me-ambeaurveyed andplawd m]GTTYRH PRBMVR wod do hsaby dadieate to the pcIAk f.p*6,we 9rc pubhc meyand&a&ni puft co..cMmcrcaIadbyaupI.L 20x12000"whe.eofeaiaChriatopberr.RdliW wd Geil M.Raine, huebmdand wif°aelda�aots, hev°6. eumn rtthechmde iia _deyof_. .2815. Ck.t%A erl. Bolli. O.R M. DOM. STATE OFAnICILSOTA, COUNTY CI Ttlk finegamg ineaummtwae wkmmkWbAm ma, cu this dry -f_ 2015, by CLrtemph.L Hallie and OW M. Bolliylnmbmd.ed w.B. Worary P40c, Mbtmmm PrhR Nmv My Cam wcc&pi lawi mwher°af=dCkWaphxw.go]Eamd Rachel A.Hollis,larebloodlmdwW;.jo•:ayafthav°berimmta Mgeil Na&th. dayof .2015. O d.mpbw W. Boni. Rachel A. Hallie STATY OF MINNESOTA, COUNTY OF Tbi. lamgdog h-hc..dwe&abmwl.dgedbd me,oaM_day of .20.5. by Cbrewmphw•w, EWb and Raand A. B°Ob btuband and wdfa MY Coo -am R.*-,, Natmy PubliS VF Prat N- SURVEYORSCERTUTCAT7L L David B. Pembatma do hereby eenLy tbM tbi: pletwas prepred by me mtmdm may d¢eac mpariaiaa;^Way[amaday Iacm.adImd9.anrymin Ae Spda ofMiamada; dad thle pmtieaaaoQ1 a:pre®mdm o.°&e huoaduy mrxT*&.uamPoeoa�al &tsa.dLhela we c-dy dmgoded a a the ptr&*9 all awalmeom dgnamd oo the plo; hwe hm,°r will ba emrmtly set wlyd°aas yow, that Wl wxmrbotuduies and wet bads, m def Mi-M-meaW 8mbrtµ 8acam 505.01,Sub&3.-ofthedd. °P&ieewNOcapeme Who-md;abded m tMapYt•, add off pAbe way" ate shorn aodlabded on Odepld. DwW dda day of .20x3. Da A B. Pembartoa, Licao.dLrd S' -O C.R. DOC. NO. ^T: II���^ A r\L11TIfli,l MimIspm Lmma.Na.40344 I �J L� ct m 1-1 LJ I I V f V {TAMARACK HILL 455.0,1 STA7E OF hIDY1:E8OTA, COUNTY OF HENNEYriv S89°23'30"E 465.0 q. NORTH UNE OF LOT 2, cL BLOCK 1, TAMARACK HILL 1'hicimtrummtwu erko.dedged lw&te ateihie &yaf .2015,by DavidH.tlmb.%. LI- c N TA h J A [) A /I 3' I I-'1 .V f /-'1 I \f-1 v l\ •� Fill L L Council Exhibit B C.R. DOC. NO. ^T: II���^ A r\L11TIfli,l - I �J L� ct m 1-1 LJ I I V f V {TAMARACK HILL 455.0,1 - - - S89°23'30"E 465.0 14"E 352.9[ NORTH UNE OF LOT 2, K 1, TAMARALG'C( Hilt BLOCK 1, TAMARACK HILL Br 'Dapmy �� C4 Ln (TAMARACK HILL 995.34) O -'WET LAND MN z lV z _ S89'23'30"E °f, 203.74 z I r'1T L_V I L TA h J A [) A /I 3' I I-'1 .V f /-'1 I \f-1 v l\ •� Fill L L Council Exhibit B Mmk V. Chgnq H&m.pm Cmwy Aoddw my `-mw°°&FqI - OUTLOT 4� zraj n '18' DELTA 14"E 352.9[ O A z K 1, TAMARALG'C( Hilt C5 Br 'Dapmy �� BBO �� (TAMARACK HILL 995.34) 19.90 -'WET LAND �o 20 _ (DEED 80 Raps) °f, 2015. IPapp]irablq &a wrNtm cammeod and relwmmeedeaoo.afine Cmmdsimer z Y U] afTauaFo bW w and &e CalmyHW." E.& -haw bwo. mwd m tlm by City pr4erihed30daYltetiadheeeapeeEwilhmtalaeptarao�caommmandmmmm.aa.ams,eepmmvtaea�MirammmBmmle4]k>sm305IlT,Sabd'ev®oa2. ,EMCE LAND N5'48'28"W i INSET A CITY COUNCO. OF CRON% MINNESOTA j� (� (SEE SHEET 2 OF 2 SHEETS) ��_� � N� HENN. CO.I S/8' PIN ' STS S 1 lj iJBU BAY[ z _ lhk_d.yaf .2015. I 589°23'301E 1 5372.53 1 _ ROAD By: ma m By; . Ck3k Ch- CLria F. Mevia, Hemepm Cmtmy Surwym SECTION BREAKDOWN =I- it = ik 4 Na ° 18`48"w 220 .� f SECTION 32, TOWNSHIP 118, RANGE 23 -� '00 . (13 1/3 RO1>5) - VI I r1L vL_. 1 / `r Mmk V. Chgnq H&m.pm Cmwy Aoddw my `-mw°°&FqI CURVE AND L'NE TABLE OUTLOT NotaOr Pahlic, Hmuwp"¢ Comfy, M� PtfrAN zraj n '18' DELTA � 5 484 r 2879.68 ca O A z ORONO, MINNPAOTA C5 Br 'Dapmy A=18'51'34" r~ r N853'35"E 32.77 89°[8'45"W 236.50` �/. 000` A=32'05'22" lb's pmt&KINTYRE PRESERVE -."-,.d -d aoeapmd by dw City C -,Wen,... MrmeeamatareS,Jumeefgbddtioe °f, 2015. IPapp]irablq &a wrNtm cammeod and relwmmeedeaoo.afine Cmmdsimer < Y U] afTauaFo bW w and &e CalmyHW." E.& -haw bwo. mwd m tlm by City pr4erihed30daYltetiadheeeapeeEwilhmtalaeptarao�caommmandmmmm.aa.ams,eepmmvtaea�MirammmBmmle4]k>sm305IlT,Sabd'ev®oa2. SURVEYN, DFYWO HENNEPDY COL'P"1Y, hH1VADfflpY'A N5'48'28"W i EAST 1/4 aorWtER O' _ 1i CITY COUNCO. OF CRON% MINNESOTA j� (� � ��_� � A HENN. CO.I S/8' PIN ' STS S 1 lj iJBU BAY[ z _ lhk_d.yaf .2015. I 589°23'301E 1 5372.53 1 _ ROAD By: ma m By; . Ck3k Ch- CLria F. Mevia, Hemepm Cmtmy Surwym SECTION BREAKDOWN =I- it = ik 4 Na ° 18`48"w 220 .� II1! SECTION 32, TOWNSHIP 118, RANGE 23 -� '00 . (13 1/3 RO1>5) �� � i HENNEFRV COVN'IY,IymvRESOTA Num[ I/4 CORNER OF �-- SEC.32. 4110. R.23 HENN. CM C1.M n N I� O g 5K' COR. NER OF TF1 9 lV O I h°rW- ythe tmme pg6ki and ptiary..m haw boon, PRW for l.W d..ft dan tis PUL 'Rm f -NWi/4 OF SE1/4 " Oft OI Is-[( F IW I 031/3 RODS) GOIJ ) Z Dried mb day of 2015, S89°18'45"E 01 1 1 220.00 POINT 14 1/3 RODS EAST OF N% n 18699 PONT OF BEGINNING Mmk V. Chgnq H&m.pm Cmwy Aoddw I CURVE AND L'NE TABLE �C-4 LO 331.\ TAG # zraj n '18' DELTA � 5 484 r 2879.68 ca vZ a - 1339.84 -� l'' 1339.84 C5 Br 'Dapmy A=18'51'34" � N853'35"E 32.77 89°[8'45"W 236.50` �/. 000` A=32'05'22" 1� 1324.4! 324.41 -� ry N89°13'53"W 28.82 64 C7 {;4 I/3 RODS) `O SURVEYN, DFYWO HENNEPDY COL'P"1Y, hH1VADfflpY'A N5'48'28"W i EAST 1/4 aorWtER O' _ 1i ss j� (� Pamawrtm W-weata Stdam Ssfiom 353B.50(1969),*isp]d h.. b-.ppmrd A HENN. CO.I S/8' PIN ' STS S 1 lj iJBU BAY[ lhk_d.yaf .2015. I 589°23'301E 1 5372.53 1 ROAD I Ch- CLria F. Mevia, Hemepm Cmtmy Surwym J 2661.99 • 1 - - 2716.55_ �1^880.18� / ly- [355.27 - II1! j WEST f/4 CORNER OF - SEG32, T.ILD. Fn i I By COUNTY RECORDER HENN]ITM COLWTY, MINNESOTA 1 hemby c w* *d&. IN- pmt of K9frYAR PREBRRVH wu,-&d o fe ofa. ode dayof .2015,&[ Uock_ M. Mum wa-mlt Carroty Anand¢. By: . De" HENN. CO. C.IAl CURVE AND L'NE TABLE TAG # zraj n '18' DELTA � 5 484 r 2879.68 ca BEARING/ CHORD BEARING a - 1339.84 -� l'' 1339.84 C5 � N Il{ 1 A=18'51'34" 100.00 N853'35"E 32.77 C6 53.21 A=32'05'22" 1� 1324.4! 324.41 -� N2'16'41"E N89°13'53"W 28.82 64 C7 SOUTH IOF /4 CORNER SOUTHEAS`. 1/4 SEC32. T.IIB, R.23 -COINER HENN. CO. CI.N OF SEC.32. T.118. R.23 HENN. CO. Cl.hl WEST 258.67N39°10126"E ` -28.96 19.k w?"& v E:) v NO2°09'05"E 6.25 1-94 NI30°32' I{ 1 A IT"/�>r- I\IIV 1 1 F\L_ 0 Daiamaa 112 mch by 14 inch iempipc net is the gm dand marred by Lateuse No. 40344 17 Dawtn a sang and disk mdmd by 111:adm No. 40344 0 DmwtmaFalmd Lcoa Mwwmeal _SOUTH UKE OF NW.1/4 OF f SEi/4, 50.32, T.11A R.23 �U 671 �N89°18'45"W 1103.34 SIJ << r- 5 The bssie for th0 bearing aysmw m the wet Sine afthe Noa&wed Qtartvoftbe Sou&c-t Qa- of S=Idm 32, Towwhip 118, Rmge 23 aad is mm ffmd tc bw Nwtb 00 dWm 32 mmutw'.2 m=wb Wet Tl Arr1 I vYV OR 100 50 0 50 100 200 SCALE W PFFr �aFs eyoYF SATHRE-BERGQUIST, INC. �A1g FLe 1 CURVE AND L'NE TABLE TAG # LENGTH DELTA RADICES BEARING/ CHORD BEARING CHORD DISTANCE C5 32.92 A=18'51'34" 100.00 N853'35"E 32.77 C6 53.21 A=32'05'22" 95.00 N2'16'41"E 52.51 C7 29.17 A=?5'55'05" 105.00 N5'48'28"W 28.06 _SOUTH UKE OF NW.1/4 OF f SEi/4, 50.32, T.11A R.23 �U 671 �N89°18'45"W 1103.34 SIJ << r- 5 The bssie for th0 bearing aysmw m the wet Sine afthe Noa&wed Qtartvoftbe Sou&c-t Qa- of S=Idm 32, Towwhip 118, Rmge 23 aad is mm ffmd tc bw Nwtb 00 dWm 32 mmutw'.2 m=wb Wet Tl Arr1 I vYV OR 100 50 0 50 100 200 SCALE W PFFr �aFs eyoYF SATHRE-BERGQUIST, INC. �A1g FLe 1 60 30 0 30 SO 120 SCALE IN FEET The bads for the heaving system to the .cest line and m Notmweat Qnatterafthe Soirtheaat Qummr of Seation 32, Township 118, Raap 23 end is asffmmed to bear Neem 00 degteea 32 minohea 12 mcoeds West (Sec Shca I o[2 Sheets) 0 Demb- a U2 inch by 14 inch imn pipe set in the round and medacd by Lim°Je No. 40344 • Denota a Found Iron Moammnt x DRAINAGE AND L rl= EASEMENTS ARE SHOWN THUS: II Y II NOT TE SCALE Being 5 5cet in width and edjmms lot fila, nless ommwise indicated, and 10 (ad m width and adjoining right of w;7 Ernes, uniws ud a indicted, a shown an the plat SATHRE-BERGQUIST, INC. KINTYRE PRESERVE INSET A EAST UNE OF LOT 2, ^�'{ BLOCS( 1, TAMABAOK HILL ! ! ��- E06 DRAI AOE m ANO UTILITY EASEMENT ------ I P• , WETLAND X _� -----------^ /\ti�EDaE OF WET LAND------ - ,/ - I 3 s /l OF WET LAND,,. _ I / 7 ! �"A A A A -) A r�1r1' , 1 Ir -%Iv II1i\,1N I I! I I r r� LENSTH I DELTA wr I "1230�, 156,52 NO2°.72 �f5°E l3C[ri � 4 o~r r= 'r 24.69 A 1851'34" o I WE' LAND / \\ Z ' \ �• a C2 22.2,3 1 A=15'55'05" 1 $0.00 N5'48'28"W 22.15 I C3 :6.46 16.18'51'34" 50.00 NB'53'35'E '.6.38 04 15.28 6-15'55'05" 55.00 N5'48'28"W 1.5.23 C5 3292 6^18'51'34" 100-00 NB'53'35"E ^ H I \ ✓ �/ 1 CDT \ L_v 1 ,[ 4 I r �°� ,�b. \mac r y �L �` O� m � 29.17 6-15'55'05' z�w�06 �oac" 1E �'L-di A EAS' LNE OF NW.1/4 OF -� SE -1/4. SEG.32, T.119, R.23 / NDC°03192E 112.78 220.0540 X28°24`09" f �� - �� tib ` dJ g 23'50° r +YJ'Ay2• saa;• 24.79 n 438°pze•- �' 40.30 flu /\ YN= � 7 L4 \ eat N i'0. r P 97°08o� fl f� of 7 M 0 1 'E y1 E 1110 3 ` "e I45 i� 8AA O 8 a 10, Por syr �� f WE'T LAND '� NORTH /ryb I 11 l� X21'47° 2T- \ 21 ��orz�. w I I 1 y� 6-32°as'22• ! `� d Z(p.00J A-Ni0.90 ! Ll- ta�^ c`2 4 n 1 cl 0 1 4,3j I ! " c7 CIS r n I �yyY i)1 CURVE AND LIME TABLE TAG LENSTH I DELTA RADIUS BEARING/ CHORD BEARING CHORD D15TANCE Cl 24.69 A 1851'34" 75.00 NW53'35"E 1 24.58 C2 22.2,3 1 A=15'55'05" 1 $0.00 N5'48'28"W 22.15 I C3 :6.46 16.18'51'34" 50.00 NB'53'35'E '.6.38 04 15.28 6-15'55'05" 55.00 N5'48'28"W 1.5.23 C5 3292 6^18'51'34" 100-00 NB'53'35"E 32-77 C6 53.21 A=32'0522" 95.00 N216'41'E 52.51 C7 29.17 6-15'55'05' 105.00 N5'48'28"W 29.08 LT 1.26 NO'32'12"W L2 8.51 I N13'46'00"W L3 6.25 I N2'09'05"E L4 55.38 ND'00'00"E �ur s i`t , s&1.27me s iJ 111,&tl aW 117AW-Upww 67.3m-up.na w . 4 -- _-_---=x• i. _ 6TA74-,474-ep.n�,uf. 'I�'- -- v •�j R ' 7 -�' r 1T A;7a ° y a7-i1so-20-oU p7l r e' - 1 /Ja 1aa aT.al • era r e j Irri T OUTLOTA Si aS - ,yam _ •I 9 I I „ � ✓f i 4 asm-w.o..a r Z r; / 7,686 -Pond ` 9 a7.et5 u.I-ed F,r f —� 84,164-U?Wd t r Ms f / f vlrETLWD SERVICES PROVIDED BY SVOt LOOA# ECOLOGICAL RES0LfRC.ES ZONING DISTRICT STANDARDS (PROPOSED AND EXISTING ZONING: RR -18) 1. MINIMUM LOT AREA -87.1208.F. 2. MINIMUM LOT WIDTH = 200 FT. 3. MIN CORNER LOT WIDTH = 21KI FT. 4. FRONT YARD SETBACK = 50 FT. 5. 910E YARD SETBACK =30 FT. 5. SIDE YARD ABUTTING ROAD = 50 FT. (sees City Code) 7. MINIMUM REAR YARD SETBACK (MRYSB) =50 FT. S. MAXIMUM STRUCTURE HEIGHT`. 2.5 STORIES OR 30 FT. 9. MAX BLDING FOOT PRINT (PRINCIPAL= 2400 S.F.) PLAN DESIGN DATA SINGLE F(FAMILY HOMES) 1. MINIMUM LOT AREA=87,120 SF. 2. PROPOSED LOT WIDTH = 200 FT. 3. PROPOSED 8a FT. BUILDING PAD 4. OUTLOT WIDTH = 50 FT. 5. STREET WIDTH=26 FT." MIN -DESIGN 3O'S-0 S. C43S RADIUS =40 Fr.7, C-D-S ENTRANCE RADIUS= 20 FT, S. ROW RADIUS= 50 FT. ROME SET840i_ Wetlands -58' Property Lines -19 Wells .51Y Buildings -20' Wells -25 feet fmmany Intelfor plumbing 8 50' from plumbing bullding exit Notes: 1.) The septic area protection fendng IDcaMons must be Inspected and approved by the City Engineer prior to any land disturbing activities. SYMBOL LEGEND LOT N.E 1 5ULDINr moAcN 5ouNnARY 2 PARCEL aOUNOARY unE -- DRAINAGE AND ITr..ITYFA4E6ENTE j RIGHTAF-WAY 5 FLARED END BwnONmmp4.AP I s7Dra. aT11CR1RE LAM E 1AELL v SEP=SmE EMERGENCY DIIERFLONfBWALE / SOLEGRING LOCATIDN SENCHMARKI POLIND IP W ETLAND TAIPFER MonuRENT PmcmeTRwnoNSILTFENCE I PDST CONSTRIICTKFN SILT FENCE �sEPTTc PFUMLnGN FENCING ' � wccDFleet mJwNEr �, arrCM CNEOM LMLITY POLE r I TREE RAVED TREE REACHED +O aEPncWE i PREPARED BY PREPARED FOR �a VMYfAIA IR,X69nTABmT osc, MOM6 (aliflb�.o. �iisH� GAC p1S,I rT.90, ' RRAB; 7 SINGLE FAMILY �� LOTS '�N A IDD 50050 _ 10022DO SCALE IN FEET SHEET INDEX TABLE Sheet I Description ' 1 I Site Plan 2 Final Street Plan 3 Final Utility Plan 4 Final Grading Pian 5 Final Erosion Control Plan 6 Buffer Averaging Plan OKAlnmCi INAIet NO. I BY 1 DATE REVISIONS + I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS I CITY PROJECT NO. FILE NO. j - - USE (INCLUDING COPYING, DISTRIBUTION, ANOlOROONVEI'.ANCE OF bawb011e _ 1 9718 ; FINAL PLAT APPLI.CATIOlJ - REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I a�Ef<s abgr, - I PRELIMINARY SITE PLAN DRAWN 6Y I_ _ _ _ SATHRE•BERGgUIST, INC.'s EXPRESS WRITTEN AUTHORQATON. USE Wf141OUT ATT A DULY REGISTERFp PROFESSIONAL ENGINEER UNDER THE � �°�- 10114-0OS CAW -_ - - - - - - - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OF MINNESOTA. �ATH R E-BERQUIT. INC.s SOUTH BROADWAY WAY2ATA, MN. 559(952)478E0CHECKD BY --- INDEMIYSATHRE-BERGOUIST, INC. OFALLRESPON3IBILfY. ;' � ° ORONO, KINTYRE PRESERVE - - - - -- -' - '-- SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE - �'W - - - - - - - - - - - - - - - - - - - - - - -- USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �y'�- ri i.'/���'�= •� s m4 MINNESOTA CHRIS �+ p �+ _DATE I _ FROM ILLEGITMATE USE. I.GNSdae Wi@rnarslaga, P.E. % '0 CHRIS BOLUS 081t7M5 I u 1 .- - . -• - Date: i.J 4 i ;�(1 : _S' LIG. W. �` C, 314®I q �P OD a%NO 65 TF 1029A wo \ BF 1020.0 r77 7'F BBg.4 \ �` I I 0 VX01 owo '171j I 0 m w R� w I , d = M + I Oaf c CD !R cy) / CL CD — w \ ^�� CuiBID STAEETSECTION �MATCH \ � DITCI STREET SECTKIN r1 \\ VAR E9 8 is 6 *1 w M tr X31 u YAR® I N n� CL I a w I4� ID ♦ \ CONSTRUCTION NOTES: 1. 4- DRAINTILE SHALL BE INSTALLED AT THE LOWPOINT CATCH BASINS 250'MIN. (STO) IN EACH DIRECTION S 150' IN THE IL \ UPHILL DIRECTION FOR ON SLOPE CATCH SASMIS. INSTALL 1' BEHIND CURB. Z TIE THE LAST S PIPE JOINTS TO FLARED END SECTIONS [TYPICAL]. I SITE "A' / I � / ✓ \ `, � _ - r -'�\ \ ^, ` 3. TRASH GUARDS SMALL BE RACED ON A6LFLARED END SECTIONS. 4. TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES AND ALL CULVERT APRONS. 5. VAMCO'S OR APPROVER EQUAL TO BE INSTALLED AT ALL STORM INLETS. GRANULAR MATERIAL SHALL BE PLACED UNDER STORM SEWER RPE OR STRUCTURES THAT ARE LESS THAN Ar N \ \ BELOW FINISHED GRADE AND EXTEND TO AT LEAST 45 -BELOW FINISHED GRADE. ' :yh \ \ \ � \ \�\r/ ` r,\• -\ 7 HANRO�P FOR STO SEWER SHALL BE CONSTRUCTED USING GRANITE ROCK I' DIAMETER OR LARGER AND SHALL BE RM \ \ S. ALL ADJUSTING RINGS TO BE CONCRETE. B. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. gid 1050' 1 LVC:30B.B2' - 1050 I. HIGH PT STA KINTYRE DR. HIGH PT ELEV:a 034704 1,5' BITUMINOUS WEAR COURSE - MNIDOT SPWEB240B (2360 SPECIFICATION) §� I PVI sTa1+00.04 PVI ELEV:1037.03 3' BITUMINOUS BASE COURSE - MN/DOT SPNWB230B 2360 SPECIFICATION - ( ) �� 7040] 1 K:25.00 1040 8' CLASS 5 AGGREGATE BASE, MNIDOT 3138• o ` SYMBOL LEGEND '2ADh, _..gig i - GEOFABRIC, MN10OT TYPE V. MIRAFI 50OX, 80715Y NON -WOVEN LOTLINE --- APPROVED SU13GRADE - BUILDING SEIBAG1C -- - -- 1030 ' -I of 1030 BCUNWW — J— -- - - PARCEL SOUNIARY UI WDESIGN oaaNAGEAND uru.mEasaENTs --_-- DATA�GNT-0F'-wwY 1020 3 g 1020 STREET SECTION: FLARM EKI: we XON W MP -RAP - _ li' - �q LVC:M,44' 1,W SPJJEB24DB WEAR COURSE (MN DOT 2380) STORM BrucTORE LABEL G , LOW PT STA -'6+01 -22 m I Vii$ 3- SPNWB23DB BASE COURSE (MN DOT 2360) S- CL 5 AGGREGATE BASE(MN DOT 3138) WELL \ Iw -' LOW PT ELEV: 997.82 SUBGRADE FABRIC IS OZ/SY, NON -WOVEN) (8 requlred) SEPTIC SITE 1010 PVI STA:4+75.00 PVI E S�R m I �' 1010 CROSS SECTION: __EMERGENCYOVWLOW WMLE T% ,30M�.75 K:30R0 S� { 3% CROWN SOIL BOIBNGLOCAT10N F I 30' STREET WIDTH (BACK TO BACK SURMOUNTABLE CURB) BENCHMARK (FOUND IP ! � 1 WETLAND BOFFERMONOMENr 1000 I 1000 PRE CONSTRUCTION SILT FOCE POST CONSTRUCTION SILT FENCE ---- -- - -1.5395 SEPTIC PROTELmCN FENCPIG 994, ��+ --�r`T 1 { r�.T—__T""'"__.. DI7cII - I0m$ $ gvlI�I mco_i q alo Il 8 ® m III oo.-�' oo�l�L�m Hg j e vo�;Im'o AlIima 4�lt$O c�ffi1l$ mg3QI `p gffi og u,c-ll!� A .amI Sei lg g gI 52 m 5 25 0 2SD 10 •:-_ U1-Utt POLE TREEBAVEDIp _ I��S SCALE IN FEET 7REE REMOVED — -1+50 -1+00 -0i50 0+60 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+D0 8+•50 7+00 7+50 DRAWING NAME BY DATE REVISIONS _USE (INCLUDING COPYING, DISTRIBUTION, ANDlOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. - -NO. w 6ese6D11is 1 CAW gagnB FINAL PLAT APPLICATION BEMOVED PADS- INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT �C.S"` ! SWpy FINAL STREET PLAN ,0114001 DRAWN BY CAVI _ _ _ _ _I. _ _ _ _I. _ _ __ _ _ - SATHRE-BERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION, USE WITHOUT - - _ SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY AMA DULY REGIBTERE,P PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA g s m I SATH RE -BE RGQU IST INC. 7 _ HEC— BY _-j_ _, - _ _ _. _ _ _ INDEMNIFY SATHRE•BERGLIUIST, INC. OF ALL RESPONSIBILITY. _ - _. ._ saTHRE-BERGQUIST, INC. �� ,i / " 0 I ED SOUTH BROADWAY WAY2ATA,MN.55391 (952)478.6040 oRONo, KINTYRE PRESERVE 2 t _ _ - _. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LASSES RESULTING ' '�.E .- ; (' ° \"}� , w� MINNESOTA Iles WiOmp7lgge, P.E. .: DATE _ E- _-- FROM ILLEGITMATE USE. - _ Rlr�a CHRIS BOLUS 6 08H7115 _ € per: �,�:_ a- L€D. ND. „y;.; 2`Mai 7-4-0.�­ . �� 1030 TC: 1022.5 i BLD' 10.0' BLD: 9.0' -owl. 4jLQ!J 121AM ZAT 102C VAPRON: i o2o I a CY CL.3: JjR1P4RA­P J 27.8'- RCP irertcp 1.81 C .5 @ 1.76% 010 S2 1000 v Goo OUTLET STRUCTURE POND TOP BACK -11M 0'75, TOP FPJ3Wr II 12-4112P 7 13 MMRAIN7ILE6 I r-12'RCPW5l) lqxQ TOPWOR-978 1...12'RCP . ..... CUTLET m Imp 11 +12' -RCP INLET f 3c -4 + I '13 9 0-0 :S'APROW 1010 1010 CYCLII 1000 1000 JE F TF 1029.4 wo 4$ 5',IYRCI� BF 1 a2O. ago TP 10,9., 980 SIP PV6' d( 8a map be �v cn 4 s - TF Ln m CEI 05 maVvo - a OL 0 :3 CIL -a CONSTRUCTION NOTES: 1. BASO NS SHALL BE INSTALLED AT THE LOWPOINT CATCH BASINS 25ff MIN.,? JU -4 ON H DIRECTION & IW IN THE UPHILL SLOPE I - UL M DIRECTION FCR CATCH BASINS. INSTALL TBEHIND .2. CL CURB, ON �Co 2. cryp11E TmIE LAST e PIPE JOINTS TO FLARED END SESECTIONSlm� a, TRASH GUARDS SHALL BE PLACED ON AILFLARED END 13 a SECTIONS, Er 4. TELL JOINTS ON STORM SEWER BETWEEN APRONS AND OC �49 -jp STRUCTURES AND ALL CULVERT APRONS. 5. WLETS.S IMCC` OR APPROVED EQUAL TO BE INSTALLED AT ALL STORM IN ALa GRANULAR MATERIAL SHALL BE PLACED UNDER STORM SEWER PPE OR STRUCTURES THAT ARE LESS THAN 4B' BELOW FGIN ISHEDRADE. GRADE AND EXTEND TIOAT LEAST 49'BELOWFLNISHED 'Tr 7. RIP -RAP FOR STORM SEWER SHALL BE CONSTRUCTED USING CL GRAN ITE ROCK VDIAMETER OR LARGER AND SHALL BE HAND PLACED jo' SETBACK ALL 11 RINGS TO BE CONCRETE, ALL STORMSTRUCTURES SHALLBE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURESIALLOIAED. Ir SYMBOL LEGEND eLl rl L(TrUN6 BUILDING BETRADI(BOUNDARY PARCEL BOUNDARYUNE r m w rDPANAGE!!4D rLITYEASEME RIG T43r-WAY FLARWENDmcnONAP vwmP-R STORM SMMRELABEL EE V4ELL_ • EMERGENCY OVERFLOW gmALE SOIL BORING LOCATM PrNCHMARKIFOLINOIP • WGTLANP BUFFER MONUMENT PRE 0ONSTRUCrION SILT FENCE O POST CONSTRUCTION SILT FENCE SEPTIC PROTECTION FENCING WOMPBER BLANKET DITCH CHECKS SO 25 4) 25 so 100 -LJTYPME__ TREE SAVED Q SCALE. IN FEET TREE REMOVED DRAWING NAME NO. BY DATE! REVISIONS USE (INCLUDING COPYING. DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. besebolis CAW08!0971.8 FINAL PLAT APPLICATION - REMOVED PADE; INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 8&4 FINAL UTILITY PLAN 10114-001 DRAWN BY SATHRE-BERGQUW, INC.'s EXPRESS WRITTEN AUTHORIZATION. usrwiTHouT p PROFES AM A DULY REGISTERE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE CIP MINNESOTA SAID AUTHORIZATION CONSTITUTE SHAL THEREBY s AN ILLEGITIMATE USE AND L ER Y SATHRE -BERGQU[ST, INC. C.M.81 7 INDEMNIFY &ATHRE-SERGQUIST, INC. OF ALL RESPONSIBLITY,• 160 SOUTH BROADWAY WAYZATA, MN. 6091 (962) 47S-6= 0 OROTIC, KINTYRE PRESERVE 3 - - -- - - - - - - - - SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE - - - - - - - - -- - - - USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING MINNESOTA ____IATE 06117AS FROM ILLEr.ITMATE USE. 4mades Wt!n "S- Lic. No. - L� 1, "s - a I, CHRIS BOLLIS 6 sav ^qJ4� Sm -,"®r Nisi _ -'r r+cnr-q[ I %3n - �re, r r r4+ _ jyyy - ��4 ,� �'. � �, f iyf_-J wo �e \ x.15 \ \ � •� \ � ✓ 1y6� ha i Sm -,"®r Nisi _ -'r r+cnr-q[ I %3n - �re, r r r4+ _ jyyy - ��4 ,� �'. � �, f iyf_-J wo �e \ x.15 \ \ � •� \ � ✓ 1y6� - 1 J f r Tr 1029.4 /i`, WQ OF 1020.0 k § ;t e, ice\, - -. 9' 68:✓I' y��+.-vim s % / f / r I� LVCj -in �._. �f ;l�- �•`� '-7V�ggR�� • } �.q,fI Q 7. I i Y, r•'`_ ' ��� �� ;'ate' ! �_�'___ -- , _ , qSF-_ -r��,� ,'� i, �`^,i`� "".; : , f�J/Y�� f ?yy,I 'r, •_"C it ,, f DS ! �" '"'r._4plF I \ t"k', '°,, \'v., ♦t. 'L r: '`fi �+� `� \ S- r/.�., !� P rITE%S" / - 1 �,;'�/ ! ,`.L. ♦♦\ ,<. r 4 k s a. �•..��, r � ' � _. _ #j 7E SCSE'B' � ! � I i 4 ��� �,���`'� .t�' � � �♦ �\ � �•^ ♦'` \ ,t s, 3'/ 1= �•"!'4 cis -� -- .,k+*.' "" - \ �-r - � y � '"�"`\ a\�°� `\ "�%�\� \•%C,T �., "'a' r f YX I �f t +- y .2��a'A T' �. 4v°. �'',- ��".♦ Y;t��`+ye"`a7E� ��� `� �E, \��'`� r ��n� v 1 " II ,'r �' � �� � rete �,'� 'C�� `k�` \�\a\ � `�` �'r� '` °\•yti,, b�� ,,� � _ �' * � _ . � v,�,�t� �\� � `.`taw e �., \ �\,%'-,# • i � r , I 1. THE HOUSENOTES: SYMBOL LEGEND 1. THE HOUSE TYPES AND PLACEMENT AND PROPOSED DRIVEWAYS ARE � I * t FOR ILLUSTRATIVE PURPOSES ONLY, A DETAILED CERTIFICATE OF SURVEY `` ♦ • _ r WILL BE PREPARED FOR EACH LOT, CONFORMINGTO TIE THE CITY '-- t - \ SETBACK REQUIREMENTS- L(TruNE -. ♦ \ a t - - , 2- TREE CLEARING WILL BE REQUIRED FOR THE ROAD AND STORMWATER- -- BULpINd SEIBAG(BOUNDARY 4 ♦ MANAGEMENT CONSTRUCTION. THERE ARE TREES SHOWN IN RED, THAT _ t ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE PDQ Y LANE ♦ `� AND DRIVEWAY CONSTRUCTION. pRA1RAGEANDUnLRYEAaEee:NTS �{ " ♦ \ _ 3, A MONUMENT IS PROPOSED AND A MONUMENT EASEM NT WILL BE RJOKr-oFmAr --J .OBTAINED.I �•t REMOVALS: PulAEO EnpsEcnan 1161TIRR/P 1- REMOVE 6 DISPOSE OF EXISTING STRUCTURES ON WITHIN GRADING STORM STIIGTIIRE LABEL p2 �i LIMITS OR AS DIRECTED BY ENGINEER wEu t 1 2. REMOVE ALL EXISTING SEPTIC & CAP EXISTING WELL LOCATIONS AS r NECESSARY. BEFTESTTEE " ♦ ♦� ` - 2. CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS, ETC PRIOR TO '-�RGa7ic1'OVERFIOwSWAY • 'A -- -" - - REMOVAL OF STRUCTURES, SEPTICS & / OR CAPPING OF EXISTING WELLS '.9a -AS NECESSARY. I - SOIL BORING LOCATION I , ON '. BEHCFIxARIXrFDUNDIP ! - - 1. RIP RAP - RIP RAP WILL BE UTILIZED AT ALL APRONS FOR ENERGY yNp REEFER MONUM@i7� II DISSIPATION AND PROVIDE SEDIMENT CONTROL. 1. ti ♦ ♦k s� ' 2. SLOPE STABILIZATION - SILT FENCE WILL BE INSTALLED ALONG DOWN PPE txaNBTRucnoN B1LT FENCE I`I GRADIENT GRADING LIMITS AND WOODFIBER BLANKET WILL BE UTILIZED POBTCOr16TRUCT10NSlr FENCE - -- -�I ON ALL SLOPES 3:1 OR GREATER TO PROVIDE ADEQUATE SLOPE STABILIZATION. SE�rnc PROTEnTION FENCING 3. BIOROLLS - SIOROLLS WILL BE INSTALLED ALONG THE STREET DITCH TO i TyOppFEBRELANKCr PREVENT SEDIMENT FROM REACHING THE INFILTRATION BASIN AND ' ULTIMATELY DOWNSTREAM WETLANDS, orrcNCNE� - + n 4. STREET SWEEPING -STREET SWEEPING WILL BE DONE A MINIMUM OF UTILITY POLE ONCE PER WEEK OR MORE FREQUENTLY TO CONTROL DUST AND /' r���'y I MINIMIZE VEHICLE TRACKING, TREE SAVED L J : '(\,d 5. PHOSPHOROUS FREE FERTILIZER- PHOSPHOROUS FREE FERTILIZER WILL TIME REMOVED ALSO BE USED ON SITE. \� GENERAL NOTES: \- 1. INSTALL SILT FENCEAS SHOWN ON PLAN, AS REQUIRED BY THE CITY OF ORONO OR DIRECTED BYTHE ENGINEER. \ e ♦ �. 2. A TEMPORARY SEDIMENT BASIN MUST BE EXCAVATED AT THE BEGINNING OF GRADING OPERATIONS TO PROVIDE 1 t oL \ TEMPORARY STORM WATER DETENTION DURING CONSTRUCTION. ,`'� \` 3. BEGIN GRADING, INSTALL PERFORATED RISER PIPE IN SEDIMENT BASIN WHEN POND GRADING ISOOMPLETE. TEMPORARY DRAINAGE PIPE SHALL BE USED FOR INTERMEDIATE DRAINAGE DURING THE CONSTRUCTION PERIOD AS NECIESSARYAND DIRECTED BY THE ENGIN. \; 4. INSPECT SEDIMENT BASIN, SILT FENCE, AND ROCK ENTRANCE BERM AFTER ALL RAINFALL EVENTS AS REQUIRED BY THE ♦ ', \ y ' 'h, h NPDES PERMIT. �''.�\;` " 5. REMOVE PERFORATED RISER PIPE WHEN STORM BASIN AND STORM SEWER HAS BEEN INSTALL�AND STABILIZED. 6. THE GRADING CONTRACTOR IS RESPONSIBLE FOR ALL STORM WATER INSPECTIONS ACCORDING TO THE MPGA STORM q 4 `! `y ', `�� tt • �� I - WATER PERMIT. THIS INCLUDES BOTH WEEKLY INSPECTIONS AND INSPECTIONS DONEAFTFRA 0.6" RAIN EVENT. A COPY OF THE INSPECTION REPORT MUST BE EMAILED TO THE ENGINEER AND DEVELOPER ON A WEEKLY BASIS. Y 7. THE CONTRACTOR SHALL PLACE AND MXNTAIN AN EFFECTIVE SILT CONTROL DEVICE, INLET PROTECTION SHALL BE /' ♦o;•�\, j�� t o •♦` REMOVED WHEN RESTORATION HAS BEEN ESTABLISHED. ALL RETAINING WALLS WILL REQUIRE A STRUCTURAL DESIGN, A BUILDING PERMIT &A FINAL INSPECTION REPORT- - 't,� .♦ `rl B. A 1 =2" CRUSHED ROCK ENTRANCE BERM SHALL BE PLACED AT THE SITE EhITRANC E, TO REPLACE SILT FENCE, AND ♦ ��,, y `. ' "\♦' MINIMIZE EROSION ONTO THE STREETS. THE ROCK BERMS SHALL BE THE WIDTH OF THE ENTRANCE AND 2 FEET HIGH ,,,,����.. h.•,.�`� \t -Y x j WITH 4:1 SLOPES. \, ice "< 4\; '\� \,♦ �'♦�` 10. THE CONTRACTOR SHALL MAINTAIN POSTTIVE DRAINAGE AWAY FROM THE STREET AREAS THROUGHOUT CONSTRUCTION. '\ _ y ,� - ♦ 11. THE CONTRACTOR SHALL ATTEMPT TO PREVENT SOIL MATERIALS FROM LEAVING THE SITE BY EROSION AND VEHICLE 0��g,;' `°�, hj./`r,♦ ` t\`t.`r; ,��'��, "' WHEEL TRACKING. HE SHALL BE RESPONSIBLE FOR CLEANING OF STREET, BOULEVARD AND UTILITY FACILITIES THAT RECEIVE ANY ERODED OR TRACKED SOIL MATERIAL OR OTHER CONSTRUCTION DEBRIS OR MATERIAL. 12. EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY, THE CONTRACTOR SHALL DETERMINE THE •.`�♦ \♦ EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY '.; RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. WETLAND BUFFER PLANTING NOTES: = 1- BUFFER AREAS DISTURBED BY GRADING OR CONSTRUCTION ACTIVITIES SHALL BE REPLANTED AND MAINTAINED PER MINNEHAHA CREEK WATERSHED DISTRICT REGULATIONS. 2. SOILS SHALL BE DECOMPACTED TO A MINIMUM DEPTH OF 15. ORGANIC MATTERSHALLBE INCORPORATED INTO SOIL ! PRIOR TO RE-VEGITATION- TILL V TO S" OF TOPSOIL OR EXISTING ON SITE ORGANIC MATERIAL 6 11 SEED WETLAND BUFFER AREAS WITH MWDOT 350-MESIC PRAIRIE J36.5 PLS LBSIAC) OR SWSR 34-261 SEED MIS AND ' FERTILIZE WITH 2O-0-10 AT A00 LBSIAC I u 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT 250 ATA RATE OF 100 LBS/AC AND FERTILIZE WITH 20-040 AT 100 LBSIAC (UNLESS OTHERWISE NOTED) f ♦'�` 5. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. 6. MULCH WITH TYPE 1 AT A RATE OF 2 TONSIAG AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT ••' '`, 4; d„ ;' \ 7. EROSION CONTROL BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 OR GREATER �r ♦ :"" - .` ` t s B. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. `' ♦. ,'`., `� r ` E\ `=r' ,� 9 RESTORATION WORK SHALL BE COMPLETED WITHIN 7 DAYSOF GRAOIIJG COMPLERCN. FILTRATION SHELF NOTES: 1. Initial excavation ofths fdlretion shelves shall be dug T belowllrefinkhed Mal grade. 2- The bioretentian sail wthirr the titration shelves will be Installed after the Stam server outlet control aauclurs is installed. 3. TO prevent sal compaction, heavy equipment shall not be allowed Within the rain gardens at any time. 4: The bohom of the filtration shelves shall be filled a minimum of 1P prior to placing the blaetanpal Ball. 5. ReEalvley llight equipment vAth trarlar shall be used to excavate the Mea ion shelves S. immediately upon completion of grading the filtrefion shelves, sit lance shall be inelelled per the plan to establlell padmtw control. S. The biorstentian sail wlihin the shelves ml be T deep tYth a B' draint0a raked one tool above the boas of the bioratenffon soil. 9. The bioretenticn soil recommended by MNdot M 3149.2.1 (fine filter send aggregate). 10. The mix for the fil . an shelves should be 100% sand. 11. Minnesota Mulch & Soil can supply and deliver this Boll premixed. (851) 330.0299 TYPICAL FILTRATION BENCH DETAIL 251.__.._i___ -i....__ __ ___�.._ ." r--------------- 20 -- - _25 +'Cor,ovlc - 3 ! ! OVtle[SNrWve 15-loX+ruw Dawn asvAnox __r - _ __-- 4-' F0 r ! -- so- T ------ ttl ! ....{gym -6^r+efteW Dreldre(_.xNll'Ahxva hherM.10. besel 8.1 i ! l (B6dded in er peen Rq dy T /opiand bb*. a' aadl aide) Ripau Wade ! `-iS1)_%-M rMeg TlNckk' i i - Mben.lB' , 100%MHXYf 81+a-2.1 XFlna Fi1{er send Apalasaraii i , ZOO 0+10 D+20 0+30 0+40 D+50 0+60 0+70 Note: Elt,1Bsetlen areas 7 below finished grade dudng grading adNIties to allM W placement of the bloretention sell dung storm eewar Inelallallon. i ORONO, MINNESOTA FINAL GRADING PLAN KINTYRE PRESERVE CHRIS BOLUS ,� /Jr ______� - '. __-r -__ - , , 1111 I 1'-�''� ♦] » r I •-• 1 - - - _ - _ - STUBBS BAY -ROfibN�Tld { Y r ! _ // �" r'.:': r/ 1'i,'. �' ii _. .', _ '- - _ r ``'♦ s r I ' i i - it .t 1 1S Ir' ' 1�1 at _L-'- " de ,�r� rr ' as � � � � •'' - '/ _ _ `* 5' � 1 � � � I -.` 51 I t f ` F J o ,� i I �i I `1_ � P i I', ' '' � `1,J' 1 � -- I I �. t tI�+II�� J _ 1'i`'- ' _ '•• �rJ/',f I ___ (ri /f ----' Y rli r r iii 1 l •_ 1 J A '- •°, ' ': J�� 3 J' I�r l ,' r ''. � �I r1 1 � 1 � A I°!1 �! i J/ I I S, i �.� I I � '. 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"'e - "�'v - „m•-: sem, r- EL - 1��_-'t i3, �}.\i "':. J �. •.I Y' 1 yr�+� i `'io���"e� i �"ti�`� •Y _ e S-I'___-A,l_ 1 , Y _`'`- :�, L1 ,'�°t� _ ar'. Y _ - t l ice- \ '[ _ `♦ i,V f L=am=. J v , N. `�. `.'ry Ir r\` _-`--_--' ,`. !i ,I �\ -'�\ 'li'%. __h ,--l"�'.i �.�/���• 4'i.J` i _r__�_�_--�1�1�';..iif-I�' 1� YY_..,_,��;�. :.-4 � .,�9 r , Ili II it , i � __ , �� i,'t '"see J ( _ �- '�i`„i-�" tel- _ . '� _ � `.�. � �4 ,1v,�y? \\�.'. . ta.S �;��`.. . r t • � _ li,l I ,�I li /, .� � ..ns.� _.'_ 1- j � "'+x�� ..;L \ 1r v'°' �"� w'i_ \^�,��v I . e�\`o'� r ♦ b 1- 11 I I I , i / ; I \�`�_v �,'.» .) _� 71 �6 S •� 4v \.:.Y�,htic� s,."'`�`. �\• _. ,i r « � I I i I I � r + r .�_� _- - _ \ {7 - _. s.� s:a-�-..rJ L�HJ \ �� �� �d-"3_'_.` �' �-,A�'+�`��-,�b�'C�,�,y...� R , I r ♦; 4. sC\ -------- 11111".1p 11 JI 1 ' 1 ..._W I ....... - EARS USE INFORMATION) COPYING, DISTRIBUTION, ANDIORCONVEYAATH OF PR A DULY BY ME R U DER MY DIRECT ENGINEER UNDER THE w �� -� - - - � CITY PR_ OJECT NO. REVISIONS PLAT APPLICATION _REMOVED PADS INFORMATION} OF THIS PRODUCT I5 STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I 0A FINAL EF SATHRE-SERGQUIST, INC.% EXPRESS WRITTEN AUTHORIMT10N. USE WITHOUT �P < ' - - '-- - - - -- - - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE Of *NESOTA. SATH RE-BERGQU IST, INC. Kit - - - - - - - - - - - - - - - INDEMNIFY SATHRE-BERGQUIST. INC. OF ALL RESPONSIBILITY. �,�' - -- _ O RONO a KI1 / 150 SOUTH BROADWAY WAYZATA, MN. 55381 (952) 4788000 - -- - --- - -- - - -- - - - - - 3ATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE - MINNESOTA USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESORTING � FROM ILLEGITMATE USE. lies WiBrnsssNlge, �i SYMBOL LEGEND LOT LINE - BUILDING SETBACK BOUNOARV PARCEL BOUNDARY LINE DRAINAGE AND UTILITY EASEMENTS RIGHT-0FMA1V FLARED END SECTIDN WIRIPaiAP STORM 8TUCTIIRE LABEL 22 WELL L7 SEPncam FMERGETCYOYERFLOW BYNAME SOIL BORING LOCATION �y BEKCHMARK/FOUND IP WETLAND BUFFER MON.LSMEKf PPE CONBM=nDN SILT PENCE — ---7 77 — F'OSTCONSRiUCbONSIL7F1410E — — SEPnCPROTECTIGNPENCING - WOODRBERSLANNfEr ® '{ DMAICHECIM INLET PiQTECTION %J unurrPaLE �, TREE SAYEO TREE REMOVEbb WO 50 0 50 100 200 SCALE IN FEET z,r PRESE2-01 --- i'--.-=- - - `_ -- - - -- -- _ - • MNRAM 12-01.13 *----`--- --- _--_...----------_..-.-.-- „ ' A�SriitAq�WG 2�57SQI`T tom. � f s;37 r- +arrwanohr_ ' ;4PACi f i , L P a X587-' SiEF#FER '_. ,.I 'aUFFER - ti . 8 013•SGC1F7 .` AVERAGING _ INIPACr d. -7,3&6 SQFr 1 r� Wetland BUFFER i AN 1. I ` AVERAGING MNRAM 121-13 '� L - +'1MP Wetland 2 PRESERVE MNRAM 12-01 15 �} IV _ lk + RRR ' BUFFER " r i1� � L44 SOFT �. M1i1GATl � � (99700)7 I A Ob IL 11, e I 4 a FER _3 1.631 sort' I i AVERAGING r. 462 W-p'y,.,-IMPACT 4 _I , SYMBOL LEGEN D LOTLINE BUILDING SETBACK SOUNDARY BUFFER PARCEL SOIINOARY Ut/E k DRAINAGEANDartWTY E489AENT8 � MITIGATION RMHT-0F-WAY FLARED END SECTION WlRIP44AF STORM9TUCTUHELASEL WELL (®i -- sEPr1c srtE EMERGEY OVERFLOW SWALE { NC i SOILSORNGLOCATION f EH SCHRMWIFOLNDIP BUFFER MONUMENT dR�, IwEnAND � PRE CDN$TRUGi1dI SILT FENCE POST CDN8IRUCTION SILT FENCE -yl - -- - II SEPTIC PROTECTION FENGNG WODOFMER BLANKET u ofTCNDHECKS `/ EI -UTLLTIYFOLE- - TREE SAVEDO- �� TREE 149ADVED L' OUTLOT A','Wetland 3 3 02*0 � A - MN s -C 15 vy9$(Gj -7 h - 2-f dl j - BEEPER i BUFFER _ ... 1044-- - :,., -' -\�2,428SQFT - = AVERAGING I _-. „ .�' - IMPACT s� �� � 2,S SQFC BUFFER MITIGATION 1 '� AVERAGING 50 25 0 25 50 100 5'255 bQFT M _ IrlG4TiDN SCALE IN FEET , DRAWING NAME NC. BY DATE ( REVISIONS - I HEREBY CERTIFY THAT THIS FLAN OR SPECIFICATION WAS _CITY PROJECT NO. FILE NO. USE (INCLUDING DOPYING, DISTRIBUTION, AND/pR CONVEYANCE OF basebd0e _ 7 CAW y DSJ08/16+ FINAL PLAT APPLICATION - REMOVED PADS- INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I RS '; S,%. — BUFFER AVE RAGI N G PLAN 10i 14-009 DRAWN BY _ SATHRE$ERGQUIST, INC.'s EXPRESS WRrrrEN AUTHORIZATION. USE WITHOUT AM ADULY REGISTERED. PROFESSIONAL ENGINEER UNDER THE G t LAWS SATHRE-'BERGQUIST, INC. CA,yry T SAID AUTHORRAT+ON CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY THE STATE N(INNESOTA CHECKEDBY- INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. ��* i ;% t - —'--�- 6 �- �- - -- � --- - - - - - - - - - - - - - - SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE / % - %.I; ;�. ,�� v � �� . ,' � ISO SOUTH BROADWAY WAYZATA, MN. 55391 (962)47&9000 ORONO, KINTYRE PRESERVE —z— DATE - - _ .". - ..�- - -- -.- - , - - _. _ _ ._ _ ._ _ - _ _ - - - USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING ' �'`"a"r' i�"'-" %` M I N N ESO 1 A 00!17!15 FROM ILLEGITMATE USE rlea Wit�vnalslsps, P.E a �, �4i#a PL*� CHRIS BOLLIS �+ T Daae: �," 2�l s Lia No. l] BUFFER BUFFER AVERAGING AVERAGING IMPACTS MITIGATION OUTLOT A','Wetland 3 3 02*0 � A - MN s -C 15 vy9$(Gj -7 h - 2-f dl j - BEEPER i BUFFER _ ... 1044-- - :,., -' -\�2,428SQFT - = AVERAGING I _-. „ .�' - IMPACT s� �� � 2,S SQFC BUFFER MITIGATION 1 '� AVERAGING 50 25 0 25 50 100 5'255 bQFT M _ IrlG4TiDN SCALE IN FEET , DRAWING NAME NC. BY DATE ( REVISIONS - I HEREBY CERTIFY THAT THIS FLAN OR SPECIFICATION WAS _CITY PROJECT NO. FILE NO. USE (INCLUDING DOPYING, DISTRIBUTION, AND/pR CONVEYANCE OF basebd0e _ 7 CAW y DSJ08/16+ FINAL PLAT APPLICATION - REMOVED PADS- INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I RS '; S,%. — BUFFER AVE RAGI N G PLAN 10i 14-009 DRAWN BY _ SATHRE$ERGQUIST, INC.'s EXPRESS WRrrrEN AUTHORIZATION. USE WITHOUT AM ADULY REGISTERED. PROFESSIONAL ENGINEER UNDER THE G t LAWS SATHRE-'BERGQUIST, INC. CA,yry T SAID AUTHORRAT+ON CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY THE STATE N(INNESOTA CHECKEDBY- INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. ��* i ;% t - —'--�- 6 �- �- - -- � --- - - - - - - - - - - - - - - SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE / % - %.I; ;�. ,�� v � �� . ,' � ISO SOUTH BROADWAY WAYZATA, MN. 55391 (962)47&9000 ORONO, KINTYRE PRESERVE —z— DATE - - _ .". - ..�- - -- -.- - , - - _. _ _ ._ _ ._ _ - _ _ - - - USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING ' �'`"a"r' i�"'-" %` M I N N ESO 1 A 00!17!15 FROM ILLEGITMATE USE rlea Wit�vnalslsps, P.E a �, �4i#a PL*� CHRIS BOLLIS �+ T Daae: �," 2�l s Lia No. l] A x CIA \ X. l\nu, Ar N A. �0F I m.0 r N X TF 1029.4 W& 997A or N BF 1020.6 LL A 4p/ *ft4 v� wo '17 7 N, -- — — — — -- — — — — — ra . - OYLd3S AS / d � +�.:,4„� ,FB0. +„�. ` w % 'y z X m ......... 50 26 0 25 So IDD SCALE IN FEET DRAWING NAME NO. BY 1 DATE i REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. ba�lls— FINAL PLATAPIP ICATION - REMOVED AaS INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I P. DRAWN BY k . . . . . . . E - SATHRr-BERGOUIST, INC.'s EXPRESS wRiTTENAUTHORIZAT10N. USEwiTHou-r AM A DULY REGISTERED. PROFESSIONAL ENGINEER UNDFRTHE TREE PRESERVATION PLAN 101'14-001 - - - - - - - - - - - - - - - - - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBYA.1 LAWS OF THE STATE MINNESOTA. . 4 t SATHRE-BERGQUIST, INC. 7 INDEMNIFY SATHRE-BERGQUIST. INC. OF ALL RESPONSIBILITY. TYRE PRESERVE TH BROADWAY WAYZATA, MN. WIM (M) 4M-6000 CHECKEDBY 150BOU ORONO, KIN CAW SATHRr43ERGOUJST. INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE i-11. , " USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING MINNESOTA DATE ZW a! FROM ILLEGITMATE USE. : "o, CHRIS BOLUS ---------------- 1 6 2 L- I C.: SYMBOL LEGEND "nor. BUILDING SORACIMMOIDARY PARCEL B"DARYUNG MANAGE MD UTIUTY WRMENTS F7MED END SECTION Rl STORM STICTURE LME::t� WELL LT, SEPTIC -rrE Ii EMERGENCY—R WETLAND BUFFER MONumEwr PRECONSMUCTMSILTMICE PM 00NSTRLCn0N SILT FENCE jjI SEPTr-PROTECWN FENCING 11 W000F8MBLANWr Z= II WCH CHEM % UTILzay 7), TRAS REMOVED z X m ......... 50 26 0 25 So IDD SCALE IN FEET DRAWING NAME NO. BY 1 DATE i REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. ba�lls— FINAL PLATAPIP ICATION - REMOVED AaS INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I P. DRAWN BY k . . . . . . . E - SATHRr-BERGOUIST, INC.'s EXPRESS wRiTTENAUTHORIZAT10N. USEwiTHou-r AM A DULY REGISTERED. PROFESSIONAL ENGINEER UNDFRTHE TREE PRESERVATION PLAN 101'14-001 - - - - - - - - - - - - - - - - - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBYA.1 LAWS OF THE STATE MINNESOTA. . 4 t SATHRE-BERGQUIST, INC. 7 INDEMNIFY SATHRE-BERGQUIST. INC. OF ALL RESPONSIBILITY. TYRE PRESERVE TH BROADWAY WAYZATA, MN. WIM (M) 4M-6000 CHECKEDBY 150BOU ORONO, KIN CAW SATHRr43ERGOUJST. INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE i-11. , " USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING MINNESOTA DATE ZW a! FROM ILLEGITMATE USE. : "o, CHRIS BOLUS ---------------- 1 6 2 L- I C.: Pnt No Type Size (in) Save Removed Dead Pnt No Type Size (in) Save Removed Dead Pnt No Type Size (in) Save Removed Dead 205 White Spruce 17 17 259 Bittemut Hickory 9 9 314 Sugar Maple 15 15 206 White Spruce 11 11 260 Bitternut Hickory 8 8 315 Sugar Maple 9 9 207 White Spruce 13 13 261 Bitternut Hickory 9 9 316 Sugar Maple 27 27 208 White Spruce 22 22 262 Bitternut Hickory 10 10 317 Sugar Maple 18 18 209 White Spruce 24 24 263 Bittemut Hickory 8 8 318 Bitternut Hickory 7 7 210 White Spruce 15 15 264 Bittemut Hickory 14 14 319 Bitternut Hickory 8 8 211 White Spruce 15 15 265 Bittemut Hickory 9 9 320 Bitternut Hickory 9 9 212 Sugar Maple 27 27 266 American Elm 8 8 321 Bitternut Hickory 7 7 213 Sugar Maple 12 12 267 American Elm 13 13 322 Bitternut Hickory 9 9 214 Ironwood 9 9 268 Green Ash 15 15 215 Red Cedar 12 12 269 Green Ash 7 7 323 American Elm 7 7 216 White Spruce 12 12 270 Green Ash 15 15 324 Sugar Maple 15 15 217 Northern White Cedar 13 13 271 Green Ash 8 8 325 Bitternut Hickory 7 7 218 Northern White Cedar 12 12 272 Green Ash 17 17 326 Bitternut Hickory 10 10 219 White Spruce 15 15 273 Green Ash 9 9 327 Sugar Maple 15 15 220 White Spruce 9 9 274 Green Ash 9 9 328 Sugar Maple 15 15 221 Northern White Cedar 15 15 275 Bittemut Hickory 7 7 329 Sugar Maple 14 14 222 Northern White Cedar 8 8 276 Green Ash 9 9 330 Sugar Maple 14 14 223 Northern White Cedar 10 30 277 American Elm 6 6 331 Sugar Maple 20 20 224 Northern White Cedar 13 13 278 Green Ash 7 7 332 Sugar Maple 20 20 Saved 1,592 225 Red Pine 13 13 279 Green Ash 333 Sugar Maple 7 7 Removed 381 226 Red Pine 12 12 280 American Elm 7 7 334 Sugar Maple 18 18 Dead 106 227 Red Pine 8 8 281 Bittemut Hickory 228 White Spruce 23 23 282 Green Ash 6 6 335 American Basswood 27 27 Total 2,079 336 Sugar Maple 17 17 229 Red Pine 14 14 283 Green Ash 337 Sugar Maple 16 16 230 Red Pine 13 13 284 Green Ash 17 17 33$ Sugar Maple 15 15 Percent Removed 18.33% 231 Red Pine 11 11 285 Boxelder 17 17 339 Sugar Maple 9 9 Percent Saved 76.58% 232 Red Pine 19 19 287 Sugar Maple 26 26 340 Sugar Maple 15 15 233 White Spruce 17 17 288 Sugar Maple 13 13 234 White Spruce 16 16 289 Sugar Maple 20 20 341 Sugar Maple 15 15 235 White Spruce 24 24 290 Hackberry 12 12 342 Sugar Maple 17 17 236 Sugar Maple 25 25 291 Sugar Maple 22 22 343 Sugar Maple 17 17 237 Sugar Maple 8 a 292 Sugar Maple 25 25 344 Sugar Maple 16 16 238 Sugar Maple 7 7 293 Sugar Maple 26 26 345 Sugar Maple 28 28 239 American Elm 7 294 Sugar Maple 24 24 346 Sugar Maple 12 12 240 Sugar Maple 23 23 295 Bittemut Hickory 10 10 347 Sugar Maple 24 24 241 Sugar Maple 18 18 296 Sugar Maple 19 19 348 Sugar Maple 8 8 242 Green Ash 8 8 297 Bittemut Hickory 12 12 349 Sugar Maple 7 7 243 Bitternut Hickory 11 11 298 Bittemut Hickory 10 10 350 Sugar Maple 12 12 244 Bitternut Hickory 12 12 299 Bittemut Hickory 8 8 351 Sugar Maple 15 15 245 Bitternut Hickory 10 10 300 Bittemut Hickory 7 7 352 Sugar Maple 9 9 246 Bitternut Hickory 8 8 301 13itternut Hickory 8 8 353 Sugar Maple 13 13 247 Bitternut Hickory 8 8 302 Bittemut Hickory 9 9 354 Sugar Maple 19 19 248 Red Maple 27 27 303 Bittemut Hickory 7 7 355 Sugar Maple 17 17 249 Sugar Maple 22 22 304 Bittemut Hickory 6 6 250 Sugar Maple 12 12 305 Bittemut Hickory 8 8 357 Green Ash 13 13 251 Sugar Maple 9 9 306 Bittemut Hickory 11 11 358 Green Ash 10 10 252 Sugar Maple 19 19 307 Sugar Maple 8 g 359 Green Ash 11 11 253 Sugar Maple 21 21 308 Green Ash 15 15 360 Green Ash 12 12 254 Bittemut Hickory 7 7 309 Bittemut Hickory 10 10 361 Green Ash 15 15 255 Sugar Maple 20 20 310 Sugar Maple 20 20 362 Green Ash 10 10 256 Sugar Maple 14 14 311 Sugar Maple 18 18 363 Green Ash 12 12 257 Sugar Maple 17 17 312 Sugar Maple 10 10 258 Bitternut Hickory 7 7 313 Sugar Maple 15 15 Total 2,079 1,592 381 106 DRAWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDfOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. baseholM 1 _CAW UB109716 F(NAI, pL ATAPPLICATION- REMOVED PAI?A..wINFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBrrED WITHOUT PREPAREDBYME OR UNDER MY DIRECT SUPERVISION AND THAT I a41, TREE PRESERVATION PLAN 70114-001 DRAWN BY _ - _ SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTEREp PROFESSIONAL ENGINEER UNDER THE a — CAW + — — — — — — -- — --- — — ` SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OFTHE STATE Of MINNESOTA AT H R E - B E R GO U I ST8INC INDEMNIFY SATHRE-8ERGQUIST, INC. OF ALL RESPDNIBILrrY. ' CHEC�DBY BROADWAY WAYZA7A, MN. 5581 (ZJ 47&80 ORONO, KINTYRE PRESERVE } — — — + — —— aATHRE•BERGQUIST, INC. RESERVES THE RIGHTTO HOLD ANY ILLEGITIMATE 160 SOUTH _—_CAW UZIER ORPARYLEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING MINNESOTA CHRIS BOLUSDATE FROM IE :es WI l P.E.P� 08115 Die2 Z I I I I I I I I I I I I I I I II II I I f I I I I I I I I I I 1 1 1 I I I I I I I I I II 1 k I 1 f I I I I I I I I I I I I I I I I I RESTORATION NOTES: 1. RESTORE ALL DISTURBED AREAS WITH W OF TOPSOIL, OR EXISTING ONSITE ORGANIC MATERIAL 2. DISTURBED BUFFERAREAS SHALL HAVE SOILS DEOOMPACTEO TOA DEPTH A OF 1B" AND ORGANIC MATTER INCORPORATED INTO SOILS PRIOR TO REVEGETATION PER MINNEHA{A CREEK WATERSHED DISTRICT (MCWD) WETLAND PROTECTION RULE 7. 3. DISTURBED BUFFERS SHALL BE REPLANTED WITH NATIVE SEED MIX OR NATIVE PLANTINGS APPROVED BY THE DISTRICT. 4. SEE POND SLOPES WITH MNIDOT 310 OR BWSR PI SEED MHXAT A RATEOF 100 LBSIACRE AND FERTILIZE WITH 20-0-10 AT 10D LSSJ ACRE 5. SEE ALL OTHER DISTURBED AREAS WITH MNDOT 250 & B WSR SEE MIX FOR WETLANDS AT A RATE OF 10D LBSIACRE AND FERTILIZE WITH A 2010 AT 100 LBSIACRE (UNLESS OTHERWISE NOTED B. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. 7. MULCH WITH TYPE 1 AT A A RATE OF 2 TONES/ ACRE AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT. 8. MAINTAIN ALL SILT FENCE UNTIL TURF HAS SEEN ESTABLISHED. 9. RESTORATION WORK WILL B COMPLETED WITHIN 72 HOURS OF GRADING COMPLETION. 10. WETLAND BUFFERS SHALL INCLUDE LANGUAGE THAT INDICATES THE PURPOSE AND RESTRICTIONS OF THE BUFFER AS WELL AS LISTING MCWD & THEIR PHONE NUMBER (952 8414532.). WETLAND BUFFER PLANTING NOTES: 1. BUFFER AREAS DISTURBED BY GRADING OR CONSTRUCTION ACTIVITIES SHALL BE REPLANTED AND MAINTAINED PER MINNEHAHA GREEK WATERSHED DISTRICT REGULATIONS. 2. SOILS SHALL BE DECOMPACTED TO A MINIMUM DEPTH OF 1B. ORGANIC MATTER SHALL BE INCORPORATED INTO SOIL PRIOR TO RE-VEGITATION. TILL 4' TO B' OF TOPSOIL OR EXISTING ON SITE ORGANIC MATERIAL S. SEED WETLAND BUFFER AREAS WITH MNADOT 3604MESIC PRAIRIE (365 PLS I WAC) OR BWSR 34-281 SEED MIS AND FERTILIZE WITH 20.0.10 AT A00 UBS/AC 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT 250 ATA RATE OF 100 LBWAC AND FERTILIZE WITH 2O-0-10 AT 100 UBS/AC (UNLESS OTHERWISE NOTED) S. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE 6. MULCH WITH TYPE 1 ATARATE OF 2 TONS/AC AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT 7. EROSION CONTROL BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 OR GREATER a. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. 9. RESTORATION WORK SHALL BE COMPLETED WITHIN 7 DAYS OF GRADING COMPLETION. WETLAND BUFFER- DISTURBED BUFFER MONITORING PLAN: 1. SUBMIT TO THE DISTRICT AN ANNUAL WETLAND BUFFER INSPECTION REPORT ON OR BEFORE JANUARY 1 OR EACH YEAR FOR FIVE YEARS. AFTER THREE YEARS APPLICANT MAY SUBMIT WRITTEN REQUEST TO CEASE ANNUAL MONITORING IF WETLAND IS WELL ESTABLISHED (REQUIRES DISTRIGTAPPROVALX 2. ANNUAL WETLAND BUFFER INSPECTION REPORT SHALL INCLUDE A. SITE PLAN SHOWING 1. LOCATION OF PERMITTED BUFFER AREA 2 AREAS OF BARE SOILS OR EROSION 3. AREAS OF INVASIVE VEGETATION 4. LOCATION &TYPE OF ANY ENCROACHMENTS ON BUFFER B. COLOR PHOTOS OF WETLAND BUFFER TAKEN DURING GROWING SEASON WITH VANTAGE POINTS LABELED. C. DESCRIPTION OF BUFFER VEGETATION INCLUDING: 1. LIST OF DOMINANT PLAN SPECIES & ESTIMATED PERCENT OF COVER 2. COMPARISON OF THE SPECIES PRELAN BENT TO APPROVED PLANTING I SEEDING PLAN. 0. WRITTEN NARRATIVE THAT IDENTIFIES MANAGEMENT STRATEGIESTO BE UTILIZED DURING UPCOMING GROWING SEASON TO MANAGE INVASIVE SPECIES, IMPROVE PERCENT COVER& SPECIES DNERSITY & MITIGATE ENCROACHMENT'S. WETLAND BUFFER - DISTURBED BUFFER MANAGEMENT & MAINTENANCE PLAN: YEAR 1:' 1. SEEDED WETLAND & BUFFER AREAS SHALL BE MOVED TO A HEIGHT OF 4 T 61NCHES AMINIMUM OF TWO TIMES DURING THE FIRST GROWING SEASON & BEFORE SEPTEMBER30. 2. INVASIVE & NON-NATIVE SPECIES IN WETLAND BUFFER SHALL BESPOT SPRAYED TWICE ANNUALLY AT TIMES THAT ARE PARTICULARLY EFFECTIVE GIVE THE PROBLEM SPECIES. 3. STRANDS OF CANARY GRASS IN BUFFER AREAS SHALL BE TREATED WITH RODEO OR ROUNDUP HERBICIDE IN LATE OCTOBER AND AGAIN EARLY THE FOLLOWING SPRING BEFORE DESIRABLE SPECIES EMERGE. 4. HERBICIDE TREATMENTS SHALL BE APPLIED ACCORDING TO LABEL INSTRUCTIONS. YEAR 2: 1. AREAS OF INVASIVE SPECIES SUCH AS REED CANARY GRASS AND THISTLES SHALL BE TREATED WITH HERBICIDE EARLY IN THE SPRING PRIOR TO THE EMERGENCE OF DESIRABLE SPECIES. 2. SEEDED BUFFER AREAS SHALL BE MOWED TO A HEIGHT OF 8 TOS INCHES BETWEEN JUNE 1 AND JULY 15 TO ALLOW FOR LIGHT PENETRATION TO SEEDED SPECIES AND PREVENT SEED SET ON WEEDY SPECIES. 3. OTHER INVASIVE & NON-NATIVE SPECIES IN BUFFER SHALL BE SPOT SPRAYED TWICE ANNUALLY AT TIMES THAT ARE PARTICULARLY EFFECTIVE FOR PROBLEM SPECIES, 4. STANDS OF REED CANARY GRASS IN ANY BUFFER AREAS SHALL BE TREATED WITH RODEO OR ROUNDUP HERBICIDE IN LATE OCTOBER 5. HERBICIDE TREATMENTS SHALL BE APPLIED ACCORDING TO LABEL INSTRUCTIONS. YEAR 3 TO 5: 1. AREAS OF BEAR GROUND OR DEAD VEGETATION OF MORE THAN 20 SQUARE FEE SHALL BE RESEEDED AT YEAR 3 OR LATER AS NATIVES TAKE TIME TO MATUTRE. 2. SPOT SPRAY PERENNIAL WEEDS AS NECESSARY. 3. PATCHES OF PROBLEM SPECIES THAT REPRESENT MORE THAN 5% COVER AREAS SHOULD BE SPOT MOWED TO PREVENT SEED SET & TREATED WITH HERBICIDE AT AN APPROPRIATE TIME 4, IF POSSIBLE & REASONABLY FEASIBLE, A CONTROLLED BURN SHOULD BE CONDUCTED ONCE BETWEEN THE THIRD & FIFTH YEAR. PROPOSED HARDWOOD TREE n µ PROPOSED CONIFERS TREE y , V, EXISTING TREE SAVED 0 e0 _3a a 30 so -126 SCALE IN FEET LP AVVINU NAML NO. BY ; DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFYTHAT THIS PLAN OR SPECIFICATION WAS CITY_ PROJECT NO. LANDSCAPE PLAN & WETLAND BUFFER A10114-ODt b°s°6dli° 1 _CAW_ _ 06109/18 _ FINAL PLAT APPLICATIOta 1RF_M0lu PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I NP�RB °bq` DRAWNBY SATHRE-SERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTERI;D PROFESSIONAL ENGINEER UNDER THE 1°a- MAINTENANCE & MONITORING PLANOAyy 1 CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OFF THE STATE O N(INNE30TA ATIRE-BERGQUIST, INC.CHECKED BY - INDEMNIFY SATHREBERGOUIST, INC. OF ALL RESPONSIBILITY. % j f KINTYRE PRESERVECAW � _. _ - _ _.._ - - - _ - _ _ _ _ _ SATHREERERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE'r ' 150 SOUTH BROADWAY WAYZATA, MN. Ti59B1 (652)47&6000 oRONoI USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING ' y. % M1NNESOTACHRIS BOLLIS DATE..` - E T � - _ FROM ILLEGITIMATE USE. ea W!@merala0a, P.E. _� �M ' yP�`' OB!'17M5 ----- "- ---- Oats: rt i�-1iiS Lim No. "`.'i8.�®�P STORM SEWER POLLUTION PREVENTION PLAN (SWPPP) KtNT''VFZF PRESFRVE — — — The work described to implement the followina Storm Water Pollution Prevention Plan 1. CONSTRUCTION ACTIVITY INFORMATION This SWPPP was prepared by personnel certified In the design of construction SWPPPs. Copies of certifications are included in the SWPPP book or are available upon request Project Name: Kintyre Preserve Protect Location: Address: City: Orono State: Minnesota Zip Code :5W56 County Parcel ID Number (PID): 3211823420003 & 32118234211008 ProjectTYpe: Residential Commerclalhndusbial RoadConetruclien pRgsidanl1a'ITRoadConaWclionj Other Cumulative Impervious Surface Number of apes to be disturbed: xxx (tenths of an acre) Pre -construction acres of Impervious surface: 0.30 (tenths of an acre) Post-aonstruction acres of impervious surface. 1.94 (tenths of an ace) Total new impervious surface acres: 1.64 (tenths of an sae) Recelvint Waters Home buildlrtg BMPs If down gradient BMPs are overloaded (based an frequent failure or excessive maintenance), additional up ]Jame of Water Body Tie Special Water/ Impaired? Water? I Pond Na No Yie=.nnr , Wetland No No that site conditions are not appropriate far Irdlltrabon (e.g. tack of 3ft. of separation to seasonally saturated Wetland No No Installation, maintenance, SWPPP inspection and record keepbtgfor lots Under their construction. Welland No No Minnetonka -Stubbs Bay Lake 27-0133-12 No Yes Dates of Construction Construction Start Data: 09!05116 Estimated Completion Data; 11/31/17 2. General Construction PTJect Information Personnel&Tmilring Provide a certified erosion control supervisor In good standing with who is knowledgeable & experienced In the application of erosion prevention & sediment control BMPs. Supervisor shall work wilt the project engineerte oversee Implementation of the SWPPP & the Installation, Inspection & maintenance of the erosion canlyd BMPs. Provide at (ease one certified Installer for each contractor or subcontredorthat Installs erosion central BMPs. Chain or Responsibility Owner I Developer is permitttes for the National Pollutant Discharge Elamination System (NPDES) Construction Permit. Once a Contractor Is retained they will be added to the NPDES. Contractor Is responsible to comply with all aspects of his NPDES Construction Permit at all times unlit the Notice of Termination (NOT) has been filed with the MPCA or transferred to home builder or another contractor. Contractor will develop a chain of command with all operators an the site to ensure that the SWPPP will be Implemented & stay in effect until construction is complete, the site has final stabilization & NOT has boon submitted to into MPCA Describe the construction actrw�" r This +/- 30.3 acre development with 15.05 ac of upland will consist of the land development of 7 single family detached homes, and 688 linear feet of atreets. Other sail disturbing aodvltas will include: home building, driveway construction, and lot landscaping. For this project the street will be graded and constructed In fall of 2016, and utilities completed atthe same time. Sita will eonaist of well & septic. Utilities Will be limited to alarm sewer. Home pads will be graded individually. 3. Temporary Erosion Prevention Practices (continued) Home buildlrtg BMPs If down gradient BMPs are overloaded (based an frequent failure or excessive maintenance), additional up Single family lots within the overall site will be disturbed on a kit by lot basis as lots are said & homes are Methods to be used to promote Infiltration and sediment removal an the Elle odor to dlsch_arEp constructed. Home construction shall disturb previously stabilized areas. Typically entire late will be disturbed as • The weber quality volume that must be treated by the projecfs permanent staa nwater management system finish grading is completed. Areas not lobe disturbed are typically designatd by the use of aihfance. Topsoil described In Part III.C. shall be 112 Inch of runoff from the new impervious surfaces created by the prged. shell be preserved by stockpiling with sediment control installed around the perimeter of the stockpile. Individual See Part IILC.2 for more Information on Infiltration design and appropriate she conditions. If it Is determined lots under construction shell also Install vehicle backing measures such as reek entrance bene or o terback ng that site conditions are not appropriate far Irdlltrabon (e.g. tack of 3ft. of separation to seasonally saturated control BMP to maintain clean streets. Home builders shall be responsible for erosion & sedimentoandrd ground water, proximity to bedrock, contaminated soils) the reasons should be documented In the Sbarmwatar Installation, maintenance, SWPPP inspection and record keepbtgfor lots Under their construction. Pollution Prevention Plan (SWPPP) for the project. Infiltration Is not required in Hydrologlc Sail Group D soils. Home Construction BMP Phasing Clay soils throughout the site resulted in volume reduction being achieved visfiltration shelrs in three (3) of the Prated tat area through use of one or a combination of the following; alit fence, mulch, bio-rdls, rock onsite ponds. entrance berm, sod buffers or other approved method. In areas within 5011 of surface waters redundant 1. Deactlp8an of record-keeping requirements and content controls shall be installed if a 5011 buffer can not be maintained. Timeline to be implemented an site for completing the Installation adihe erosion mevention BMPs Install drainage protection on down gradient inlets. • Prior m Grading - Sig and tree fence to locate grading limits and provide down gradient aedlmentooribd. Establish staging i material storage area & Install temporary sanitary Fadlitfes& supply dumpstem Rods Entrance Berm to be installed. Prevent & manage spills of stored substances I USER OR PARTY LEGALLY '"�•'`t' ie t4-'�`"`�' '� F J Install Rock entrance barn, maintain dean sheets • Grading - Erosion blanket will be utilized on all 3:1 slopes. Blorolls will be used In rear yard swales. MnDot Install well & septic seed mix #250 will be spread at a rete of 100lbadacre and fertilize with 2D.0-10 at 100lbs.lacm. Only Home Construction phosphorus free fertilizer shall be used. Manage & protect stockpiles • Utility & Street Work - Inlet protection on all stool sewer catchbealns. Weekly street sweeping to prevent maintain rock entrance berm & perimeter controls off-site vehicle tracking. However weekly sweeping may not be adequate. Sweeping Is required 24 hours trench, install & connect utilities after discovery of track out. Continue vertical construction Keep streets dean at all times & maintain inlet protection • Permanent BMPs - Sediment bays are to be installed at Bared and sections draining Into dry pond and Fine grad pads, Upon completion of fine grade pads & home construction soils disturbing activities, each infiltration areas. Rip -rap to provide provide energy ellssipallon and prevent erosion. lot shall be stabilized with sad, seed, mulch, hydromulch, hydroseed, straw matting or combination there of. Monitor stabilized areas until final stabilization is achieved Additional Erosion Control Prevention Measures to be Implemental on Site Maintain dean streets • Erasion Blanket - This blanket will be installed as indicated on the emeion and sediment central pian. h will Perimeter & temporary erosion & sediment controls are to remain in place until all up gradient areas provide slope protection un01 the turf is established. For retaining wall construction the grading conpactorwlll have been pemtanenfiy stabilized. install Erosion blanket an the temporary 1:1 slopes until the wall construction can be completed. Post Consbuetlon - B_loadls - Bio -rolls will be installed in &wale areas to help slow runoff and minimize erosion. Remove silt fence after once final vegetation stabilization is established • Seeding Restoration - Temporary/Permanent Stabilization (Seeding and Mulching) -Temporary seeding and Remove inlet protection mulch must be placed on all disturbed soil within 14 days, unless actively being worked on. All disturbed areas Remove all construction materials &debris from site will be restored with 4' to 6' of topsoil. The restoration shall begin within 72 hours of the grading completion. clean all drainage structures The seed mix shall be MNDot Mix No. 250 applied at a rata of 100 IboMm and fertilized with 20-0-10 ata rate of 100 lbs. per acre. The mulch shall be Type t and applied at a rate or tons per acre, disc anchored (vitt Remove all temporary erosion & sediment control BMPs & stabilize areae left disturbed. disc blades out nearly straight) immedlately after placement File NOT for Individual Id - Sodding- Two types of sodding will be done with this project. The firstvAll be for eroWmt contrail protection far the streets, after the installation of the curb and the minor utilities the contractor will install Wm rows of sod 5. Permanent Stormwater ManagemeM�s5 'tem behind the curb for a temporary erosion protection. The second type of and will be for the yards once the house cmtstruahoh Is complete. Will the project result in one acre or more or new impervious area? -YES 4. Temporary Sediment Corgrol Practices. !!Yes. Methods of sediment control BMP9 to be implemented on site • Sediment controls for temporary or permanent drainage ditches and sediment basins that are designed as part of a treatment system • Installation of check dams or other grade central practice to ensure shoat flow and prevent rills (for slope lengths greater then 75 feet with a grade of 3:1 or steeper). • Sediment control practices on all dawn gradient perimeters prior to land disturbing activities. • Storm drain Inlet protection for all inlets. + Slit fencing or other sediment control surrounding temporary sail stockpiles. • Minimize vehicle tracking of sediments (e.g., stone pads, conte or steel wash racks, or equivalent systema). • Street sweeping of backed sediment • The water quality volume that must be treated by the projects permanent stamrwater management system described in Part III.C. shall be one (1) inch of runoff from the new impervious surfaces created by the project. Where site conditions allow, at least 'A inch of the Water quality volume must be infiltrated. See Pad III.C.2 for more Information on Infiltration design and appropriate site conditions. 0 I Is determined that sit conditions are not appropriate for Infiltration (e.g. lack of 3 0. of separation to seasonally saturated ground water, proximity to bedrock, contaminated sails) the reasons should be documented in the Starnwater Pollution Prevention Plan (SWPPP) for the project. Infiltration is not required in Hydrologic Soil Group D sails. • This site contains heavy day soils. The NRCS Web Sail Survey classifies the majority of the onsite soils as Typs C/D. For this reason long term infiltration is not feasible and not part of this design. Filhationwgl be provided In the pond shelf A copy of the Stormwasr Management Report is available through the owner or engineer upon request. Soil disturbing activities will Include: Demolition of the existing structures, installation da rock entrance berm, clearing and Soil boring and water level map is included in the Stonnweter Management Report. grubbing, Installation of utilitealminor utlgtles(Including private utilMiss-gas,cable,elecsic, eta.), the Installation ofelltfence and tree Methods to he used ler dawn gradient perirthetercontrol fence priarto grading, the installation of silt fence around the proposed ponding areas arterthe grading Is complete, grading, Stit Fences- are designed as a temporary sediment barrier consiating of a filter fabdo attached to support re -spreading "all, and grading restoration which will consist of seeding and mulching all disturbed areas outside of the street Posts. This site has three applications for silt fence. These applications are as follow: 1. the Installation of aid 6. Inspection and Maintenance Activities row. Erosion blanket will also be Installed on all 3:1 slopes or greater. Additional erosion blanket may be used throughout the site. fence along the grading limits to protect the wetlands from sediment during the grading and utility construction See the Erosion & Sediment Control Plan far specific locations. Wall and septic will be constructed at the time of home building process, 2. tithe installation of slit fence around the created ponds and rain gardens after construction to Identify Individual responsible far Installing, supervising, rep_rIna, Inspecting, and maintaining erosion prevention 3. Temporary Erosion Prevention Practices control the sediment runoff until the turf is established and the development is completed, 3. the installation of and sediment control BMPs an site --- slltfence surrounding temporary stockpiles. Describe types of erosion prevention BMPs expected to be implemented Perimeter Control shall be established around the site & around the base of stockpiles'rrthe stockpile will remain longarthan 30 days. Perimeter control is typically established with silt fence which also dellnistes areas not to be disturbed. Silt Fence locations are shown on the Grading & Erosion Control plena. Where possible 5011 buffers shall be maintained around surface Waters & Wetland. Dual perimeter controls shall be Installed if work is to take place within 50ft of surface Waters & wetlands. Erosion blanket will be Installed on all 3:1 slopes. During construction e. Stabilization of all exposed areas must be Initiated immediately to limit sail erosion but In no case later then seven (7) days after the construction activity in that portion of the site has temporarily or permanently ceased. Once grading Is complete, temporary erosion BMPs shall be installed Immediately (ie. bio -rolls, erosion blanket, ditch checks, ate). No later than seven (7) days, the pernanertstapilizalon should be In place. b. Temporary sediment basin requirements described in Part 111.6.1.5 must be used for common drainage locations VW serve an area with five (5) or more acres disturbed at one time. This project Is being constructed in phase. The permanent dry sediment basins shall be constructed Srst and all on-site drainage shall be routed to the panda. The site does not have any concentrated swales that will chrodly discharge off-site List anticipated BMP Quarsides • Silt Fence (Before Construction) - 3,800 �+ Silt Fence (After Construction) -355 Erosion Blanket -As needed Methods of dissipating vebd a stormweler conveyance channels[outlets • Rip -rap will be used at all Hared -and structures • Check Dams - Installation of check dams or other grade control practice to ensure sheet flow and prevent rills (for slopes greater then 75 feet With a grade of 3:1 or ataeper) Methods to be used for stabilization of ditch and swele wetted perimeters • Blo-mils shall be used for stabilization of ditches and swales as shown on the Erosion Control Plan. + Outlet Structures and Outlet Protection - There are wetlands located within & adjacant to this project, as a result outlet structures are proposed to transfer water from the storm water trealmerht pond to the wetland after treatment. These structures will serve to provide skimming and rale central. Rlp-rap will be placed at the base of all aprons to provide eroslon protection by protecting the downstream soils from turbulence and high discharge velocities. Methods to minimize vehicle tracking at construction exits and street swoopingacdvlles • Temporary Rack Conahucllon Entrance- A rock entrance berm Is constructed of coarse dean rock installed at the proposed entrance point for all construction vehicles. A detail of the rock entrance berth Is shown on the final grading plan. This stone pad provides afire cleaning mechanism for all vehicles leaving rho she. There Is one entrance for this project. Pleas see the Erosion & Sediment Control Plan for location of rock entrance berm, • Street Sweeping - Weekly street sweeping shell be taken place. However weekly sweeping may not be adequate. Sweeping Is required 24 hours after discovery aftrack out. Methods to he used to minimize sail compaction and preserve top soil (unless Infeasible) an she Topsoil will be stripped and stodtpiled. Grading operations will be performed and held down 0.5 to allow far topsoil respread. City. 2. Frequency of Inspections Once every seven (7) days during active construction and; Within 24 hours after a rainfall event greaterthan 0.5 inches in 24 hours, and within seven(7) days after Hatt 3. Areas to be Inspected • The sig fence will be installed prior to any site grading. • Only about one hetof the site will be exposed at any given time. The grading contractor will be finishing lots as the cants and fills are achieved In accordance with the approved grading plan. • All erosion control measures will be Inspected every weak and falkrwing any storm event greater than 0.5' in a 24 hour period. • All erosion central measures will be maintained in good working order, maintenance and repairs will be initiated within a 24 hour period of the report Monitoring of all repairs will be done. • Built up sediment will be removed from all silt fence when It has reached one•haff of the fence height. Silt fence will be inspected for depth of sediment, tears, and to see If the fabric is securely attached to the fence posts, and to see If the Mee posts are firmly in the ground. • The pond and Infiltnrilonlfiltration area will be monitored for depth of sediment, and the build up of sediment will be removed at the end of the projecL if necessary. The embankment around the ponds and Infiltration/filtration areas will be Inspected far any breadnes or erosion scars, over compaction and any repairs needed, will be promptly made. - The seeding and mulching will be inspected for any bare spots, waalhauts, and far healthy growth. 7, Pollution P_nrmnlion Management Measures practices foreta�ar e_ of,peaticldesi herbiddes Insecticides. feriBUms, treatment chemical, and land59we material, • Petroleum Products: AIL onaite vehicles and equipment will be mentioned for leaks and receive regular preventative maintenance to reduce the chanes of leakage. Petrdeum producls wig be stored in a tightly sealed container, which Is dearly labeled. Any asphalt substances used onsite will be applied according to the manufacturers moommendatiorls. • Fertilizers: Fertilizers will be applied only in the minimum amounts as recommended by the manufacturer. Once applied, the fertilizer will be worked into tlta soil to limit the exposure to etarmwretsr. Palyds: All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged Into the storm sawar system, but Wit be properly disposed of in accordance with local regulations. Practices Por sterage and disposal of hazardous materiels or lade waste All hazardous materials like oil, gasoline and paint must be properly sWrad. To prevent spills and leaks, ascondary containment is necessary, far hazardous matedals. A leak prof containment facility shall be used for fuel storage larks to prevent any leakage from Infiltrating the ground. An effort will be made to stare only enough products to do the required job. All materials stared on site will be stored in a creat and orderly manner. All products will be kept In their original container, with the original labels still attached, unless they are not re -sealable. Substances will not be mixed with one another unless recommended by the manufacturer. Whenever possible all of a product will be used up before disposing of container. Manufacturers' recommendations for proper disposal Will be followed. The site superintendent will routinely inspect the site to ersure properdisposal of all on site materials Collection, storage and disposal of solid waste in compliance with Minn. R ch. 7035 • Solid Waste - All trash and construction debris from the site will be collected and deposited In a dumpster. A dumpster will be requlrod for each new home constructed. The dum"m shall be emptied as necessary. No construction materials shall be buried an ska Ali solid wrests must be disposed of in accordance with the MPGA disposal requirements (Part W.F.1) Management ofgartabie toilets to prevent tipping and disposal of saw wastes in, accordance with Minn. R ch. 7040: • Portable on-site sanitary and septic waste shall adequately be provided and maintained throughout the duration of the project. • All sanitary sewerwaste will be collected from the portable units as required by local regulations. Spill prevention and response for fueling and equipment or vehicle maintenance: Spill Control Practices - AII spills will be cleaned up immediately after discovery, In accordance with the manufacturer's recommended methods. The split area will be kept well ventilated. Spills of toxic or hazardous materiels must be reported Lathe Minnesota DulyOfficer 1-BD0-422-0798. A Log of the spill type, location, date, and time will be created bythejob superintendent. The spill prevention plan will be adjusted to include measures to prevent this type of spill from moccvring. Containment and disposal of vehicle and equipment wash waterandpmhibitinp engine donreaeirtg on the site: • A donned and limited area of the site shall be used for external wasting of oonstrucdon vehicles. Washing runoff shall be contained and disposed of In accordance with MPCA No engine degreasing allowed on -she. Storage and disposal of concrete and other washout wastes so that wastes do net contact the ground: • A leak proof containment facility shall be used for all liquid and solid wastes generated by concrete washout operations. Liquid and solid wastes shall not come In contact with the ground and must be disposed of In accordance with the MPGA 7. Final Stabilization Method of Final Stabllllzation Upo final grading of any given portion of the site, final stabilization must beimplernaraled within 14 days of completion. a. Stabilization of all exposed areas must be initiated Immediately to Ilmitsall erosion but In no case later than seven (7) days after the construction activity in that portion of the site has temporally or permanently ceased. Once grading is complete, temporary erosion SMPs shall be installed Immediately (le. blo-rills, erosion blanket, ditch checks, etc). No later than seven (7) days, the permanent stabilization should be In place. b. Temporary sediment basin requirements described in Part 111.6.1-0 must be used for common drainage locations that serve an area with five (6) or more acres disturbed at one time. This prefect Is being constructed in 1 phase. Although home construction will be done separately. The Pond shall be constructed first and all at -site drainage shall be routed to the pond. The site does not have any concentrated swales that will directly dischargeolFslt Procedures for completing final stabilization: • Final stabilization Includes but Is not limited to: seed & mulch as dascrtbed above, Erosion blanket, bto-rolls, sad, and after grading silt fence. All perimeter and dawn gradient alit fence shall be Inspected and repaired as necessary. Methods to he used for energy dissipation at pipe outlets Measures to be used If Dewatering Is requited an site If site conditions result In a needed erosion or sediment control BMP that is not planned for, the inspector or Rip -rap will be used at flared -end structures for energy dissipation. Sea plan far quantities. • Dewatering shall be routed to the sedimentation ponds for beabnant before leaving site. Sae Erosion Coned contactor shall contact the design engineer at Sathre-Bargquist Inc. (952476.611110) to determine an appropriate Plan for direction on Dewataring methods. plan and BMP to stabilize the affected area. The owner will be responsible for the operation and maintenance of the erosion and sediment central BMPs. He will If down gradient BMPs are overloaded (based an frequent failure or excessive maintenance), additional up soled: individuals who will be responsible farthe Inspections, maintenance, and repair activities, and forfilling out the gradient BMPs shall be installed to eliminate the overloading. The Inspectorar cons rshall notify the design inspection and meintociance reports. engineer to establish approplate up gradient BMP'a or alimate arty point Wad sources. After construction the HOA will operate and maintain the skx,. water ponds. beseboltis The owner shall keep the SWPPP and all supporting documents for three years afterthe Notice of Termination Methods to be used to contain Stockpiles (NOT). These dacumeas Include, but aren't limited to, the SWPPP Narrative, arty amendme cls, inspection and Sgt fence. will be used to provide perimeter control around stockpiles, maintenance records, any starmwatar related permits, any permanent operation and maintenance agreements, and _ _ I SATHRE$ERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WRHOUr AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE - - - - - - - - - - - - - - - LAWS THE STATE Of calculations fortemporary and permanent stormwater management systems. Methods to be sued for Worm drain inlet protection 1 g114 -0g1 • Storm Drain Inlet Protection - Storm drain inlet protection is a sediment banierplaced around a storm sewer Procedures to routinely Inspect the construction she. including: Inlet This structure traps sediment before it enters the star,. sower system. The uglily Contractor will be 1. Deactlp8an of record-keeping requirements and content required to Install Inlet protection per the City's details. A maintenanoeAnspectlan report will be made after each Inspection. Acopy of the report will be sem to the + Outlet Structures and Outlet Protection - There are wetlands located within & adjacant to this project, as a result outlet structures are proposed to transfer water from the storm water trealmerht pond to the wetland after treatment. These structures will serve to provide skimming and rale central. Rlp-rap will be placed at the base of all aprons to provide eroslon protection by protecting the downstream soils from turbulence and high discharge velocities. Methods to minimize vehicle tracking at construction exits and street swoopingacdvlles • Temporary Rack Conahucllon Entrance- A rock entrance berm Is constructed of coarse dean rock installed at the proposed entrance point for all construction vehicles. A detail of the rock entrance berth Is shown on the final grading plan. This stone pad provides afire cleaning mechanism for all vehicles leaving rho she. There Is one entrance for this project. Pleas see the Erosion & Sediment Control Plan for location of rock entrance berm, • Street Sweeping - Weekly street sweeping shell be taken place. However weekly sweeping may not be adequate. Sweeping Is required 24 hours after discovery aftrack out. Methods to he used to minimize sail compaction and preserve top soil (unless Infeasible) an she Topsoil will be stripped and stodtpiled. Grading operations will be performed and held down 0.5 to allow far topsoil respread. City. 2. Frequency of Inspections Once every seven (7) days during active construction and; Within 24 hours after a rainfall event greaterthan 0.5 inches in 24 hours, and within seven(7) days after Hatt 3. Areas to be Inspected • The sig fence will be installed prior to any site grading. • Only about one hetof the site will be exposed at any given time. The grading contractor will be finishing lots as the cants and fills are achieved In accordance with the approved grading plan. • All erosion control measures will be Inspected every weak and falkrwing any storm event greater than 0.5' in a 24 hour period. • All erosion central measures will be maintained in good working order, maintenance and repairs will be initiated within a 24 hour period of the report Monitoring of all repairs will be done. • Built up sediment will be removed from all silt fence when It has reached one•haff of the fence height. Silt fence will be inspected for depth of sediment, tears, and to see If the fabric is securely attached to the fence posts, and to see If the Mee posts are firmly in the ground. • The pond and Infiltnrilonlfiltration area will be monitored for depth of sediment, and the build up of sediment will be removed at the end of the projecL if necessary. The embankment around the ponds and Infiltration/filtration areas will be Inspected far any breadnes or erosion scars, over compaction and any repairs needed, will be promptly made. - The seeding and mulching will be inspected for any bare spots, waalhauts, and far healthy growth. 7, Pollution P_nrmnlion Management Measures practices foreta�ar e_ of,peaticldesi herbiddes Insecticides. feriBUms, treatment chemical, and land59we material, • Petroleum Products: AIL onaite vehicles and equipment will be mentioned for leaks and receive regular preventative maintenance to reduce the chanes of leakage. Petrdeum producls wig be stored in a tightly sealed container, which Is dearly labeled. Any asphalt substances used onsite will be applied according to the manufacturers moommendatiorls. • Fertilizers: Fertilizers will be applied only in the minimum amounts as recommended by the manufacturer. Once applied, the fertilizer will be worked into tlta soil to limit the exposure to etarmwretsr. Palyds: All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged Into the storm sawar system, but Wit be properly disposed of in accordance with local regulations. Practices Por sterage and disposal of hazardous materiels or lade waste All hazardous materials like oil, gasoline and paint must be properly sWrad. To prevent spills and leaks, ascondary containment is necessary, far hazardous matedals. A leak prof containment facility shall be used for fuel storage larks to prevent any leakage from Infiltrating the ground. An effort will be made to stare only enough products to do the required job. All materials stared on site will be stored in a creat and orderly manner. All products will be kept In their original container, with the original labels still attached, unless they are not re -sealable. Substances will not be mixed with one another unless recommended by the manufacturer. Whenever possible all of a product will be used up before disposing of container. Manufacturers' recommendations for proper disposal Will be followed. The site superintendent will routinely inspect the site to ersure properdisposal of all on site materials Collection, storage and disposal of solid waste in compliance with Minn. R ch. 7035 • Solid Waste - All trash and construction debris from the site will be collected and deposited In a dumpster. A dumpster will be requlrod for each new home constructed. The dum"m shall be emptied as necessary. No construction materials shall be buried an ska Ali solid wrests must be disposed of in accordance with the MPGA disposal requirements (Part W.F.1) Management ofgartabie toilets to prevent tipping and disposal of saw wastes in, accordance with Minn. R ch. 7040: • Portable on-site sanitary and septic waste shall adequately be provided and maintained throughout the duration of the project. • All sanitary sewerwaste will be collected from the portable units as required by local regulations. Spill prevention and response for fueling and equipment or vehicle maintenance: Spill Control Practices - AII spills will be cleaned up immediately after discovery, In accordance with the manufacturer's recommended methods. The split area will be kept well ventilated. Spills of toxic or hazardous materiels must be reported Lathe Minnesota DulyOfficer 1-BD0-422-0798. A Log of the spill type, location, date, and time will be created bythejob superintendent. The spill prevention plan will be adjusted to include measures to prevent this type of spill from moccvring. Containment and disposal of vehicle and equipment wash waterandpmhibitinp engine donreaeirtg on the site: • A donned and limited area of the site shall be used for external wasting of oonstrucdon vehicles. Washing runoff shall be contained and disposed of In accordance with MPCA No engine degreasing allowed on -she. Storage and disposal of concrete and other washout wastes so that wastes do net contact the ground: • A leak proof containment facility shall be used for all liquid and solid wastes generated by concrete washout operations. Liquid and solid wastes shall not come In contact with the ground and must be disposed of In accordance with the MPGA 7. Final Stabilization Method of Final Stabllllzation Upo final grading of any given portion of the site, final stabilization must beimplernaraled within 14 days of completion. a. Stabilization of all exposed areas must be initiated Immediately to Ilmitsall erosion but In no case later than seven (7) days after the construction activity in that portion of the site has temporally or permanently ceased. Once grading is complete, temporary erosion SMPs shall be installed Immediately (le. blo-rills, erosion blanket, ditch checks, etc). No later than seven (7) days, the permanent stabilization should be In place. b. Temporary sediment basin requirements described in Part 111.6.1-0 must be used for common drainage locations that serve an area with five (6) or more acres disturbed at one time. This prefect Is being constructed in 1 phase. Although home construction will be done separately. The Pond shall be constructed first and all at -site drainage shall be routed to the pond. The site does not have any concentrated swales that will directly dischargeolFslt Procedures for completing final stabilization: • Final stabilization Includes but Is not limited to: seed & mulch as dascrtbed above, Erosion blanket, bto-rolls, sad, and after grading silt fence. All perimeter and dawn gradient alit fence shall be Inspected and repaired as necessary. Methods to he used for energy dissipation at pipe outlets Measures to be used If Dewatering Is requited an site If site conditions result In a needed erosion or sediment control BMP that is not planned for, the inspector or Rip -rap will be used at flared -end structures for energy dissipation. Sea plan far quantities. • Dewatering shall be routed to the sedimentation ponds for beabnant before leaving site. Sae Erosion Coned contactor shall contact the design engineer at Sathre-Bargquist Inc. (952476.611110) to determine an appropriate Plan for direction on Dewataring methods. plan and BMP to stabilize the affected area. DRAWING NAME _ NO. BY DATE ! REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. beseboltis _ 1 CAW . BBIO_Bf1_6 FINAL PiAT APPLICATION REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBr'ED WrrHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I ties 1 = SWPPP DRAWN BY _ _ I SATHRE$ERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WRHOUr AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE - - - - - - - - - - - - - - - LAWS THE STATE Of "'I rt g p �`y 1 g114 -0g1 T SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY W "L64NESOTA A T H R E _BER O U �� INC CHECKED BY - INDEMNIFY SATHRE-BERGOUIST,INC.OFALLRESPONBIBILITY. w _ _ _ _ _ _ i?5� %' - - - -- -- - - - - - - _ - - - - -- 5ATHRE$ERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 1.. " L"; 15CI SOUTH aROADWAY WAYZATA, MN. 66391 (962) 47&sOpp O RONOh KINTYRE PRESERVE CAW I USER OR PARTY LEGALLY '"�•'`t' ie t4-'�`"`�' '� F J +' DATE _ _ _ _ - _ - - - - - _ _ - - - RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING t - FROM ILLEGITMATr USE. =DW -es Wiernerslege F.E.P.- b� MINNESOTA °+r. e CHRIS BOLUS -- .B17H6 _ --__i --_ _ — ---- --- — Date: cq s fLIG No. p,r �i D z °z a a Eac>L.-rau Ce muftg Engineem & Surveyors Council 20a Shadow Lane, Suite 200 • Chaska, MN 65818-1172 Exhibit D Rhona (952) 445.8838 • FaK (952) 448-8806 www.bolton-menk.com September 2, 2016 City of Orono Atm; Mike Gaffron 2750 Kelley Parkway Orono, MN 55356 RE: Final Plat Application 16-3860 Kintyre Preserve Engineering Review #1 Deer Nfike: As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1.0 GENERAL: 1.1 The estimated costs of proposed improvements shuald be revised to include landscaping and invasive species management costs. In addition, the estimated costs may need to be updated due to revisions necessary to gain City approval. A final estimate of casts must be submitted in order to determine the total Letter of Credit (LOC) amount. The LOC must be written to 150% of cost of improveme and submitted prior to any land disturbing activities. 1.2 Final Details Plans should be included with the plan set to adequately detail all construction items. At a minimum, the Details should include the following: L Siltfence b. Rock Construction Entrance c. Erosion Control Blanket d. Islet Protection e. Biolog £ Riprap & Catcwmsia h Flared End Section wrl T rasbpard L Pipe Bedding j. Curb and Gutter 1.3 The applicant will be required to obtain Minmehaha Creek Watershed District (MCWD) approval and pm=ttIn& A copy of any approvals or pecan is required should be submitted prior to Final Plat approval. 1.4 The applicant will be required to obtain a General Construction Perimit (14PDES) to discharge statmwaier associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any hand disturbing activity. 1.5 The Homeowners Association documents adequately define responsibility for the maintenance of stoonwater management facilities being that of the Association. However, a Mdntenance Plan should be included as an exhibit to the documents and should define types and frequencies of inspections and mainteaance activities. Final Plat Application 15-3850 Kintyre Preserve Page 2 1.6 Record drawings must be submitted upon completion of the project. As -built survey shots on the pond must be obtained aft construction sediment is removed and side slopes re -dressed. 2.0 STORMWATER MANAGEMENT PLAN: 2.1 A final Stormwatea Management Plan matching improvements proposed must be submitted to verify plan meets all requirements. Per City requirements, proposed peak nmo$'rates for the 2, 10, and 100 year 24 hour precipitation events must be restricted to less than existing peak rates for the same events. Per NPDES requirements, any project that results in 1 acre or more new impervious surfisce at ultimata development must provide volume retention equal to In runoff from the new impervious surfaces. All stormwater management facilities should be designed to accommodate ultimate development. 2.2 Per NPDES requirements, the proposed pond most provide 1,800 of storage below the outlet for each acre draining to & Calculations confirming sizing should be submitted. 2.3 The sump should be removed from the pond outlet control structure. The inlet pipe should flow backward to pond to allow for future maintenance, The proposed weir will control the normal water level. 3.0 FINAL PLAT: 3.1 Horizontal curves for streets with a design speed of 30 mph must provide a minimum 275' radius. Several curves within autlot B do not meet the minimum requirement. The Plat should either be revised or variances would be required. 3.2 Drainage and Utility easements should be provided to cover all stmm water management facilities (i.e. storm sewer, swales, ditches, and ponds). Basements should be shown on Final Grading and Utility Pians in order to verify coverage. Easements may need to be a4usted in order to accommodate revisions necessary to gain, City approval. 3.3 SUmdard Wetland Conservation and Flowage Easements should be provided over all wetlands. The Final Plat should indicate Drainage Easemenu only over wetlands and wetland buffers. 4.0 FINAL SITE PLAN: 4.1 Tbc new driveway to Lot 5 should be installed at the same time Kintyre Lane is constructed, and the existing driveway should be removed. The new driveway location should be indicated on the plans. 4.2 Removal items not depicted on the other plans should be noted for demolition on this overall plan. These items include the construction access driveway, the portion of driveway removed that use to serve Lot 5, and various structures to be demolished. 5.0 FINAL GRADING PLAN: 5.1 The grading necessary to remove the existing driveway to Lot 5 should be indicated on the plan. Any existing culvert present should be removed, and the drainage way should be restored to pre - development conditions. 5.2 The Swale alignment between Kintyre Lane and the pond should be revised as necessary to minimize impact to Wet>and #3. A minimum 10' wide berm should be provided between the wetland edge and swale to minimize potential for changing wetland hydrology. Final Plat Application 16-3860 Kintyre Preserve • Page 3 5.3 Proposed building pads do not fit topography in a few iocations as follows: a. Lot 2 — a driveway over 12% would be required, existing topography slopes l S% across pad, and extensive retaining wall would be required. Further consideration should be given regarding mass grading of this lot and raising the pad elevations. b. Lot 3 — the proposed walkout elevation is 3' below the adjacent drainage Swale bottom. Grading should be revised or the proposed pad elevation raised to minimize potential for nmoffto be dkected kdo the structure. 5.4 The grading around the pond should be revised to provide a mt &wm 1' freeboard fi= the 100 year high water level to the top of the berm. The bottom of the emergency overflow should be located at the 100 year high water elevation. 6.0 F113AL STREET PLAN: 6.1 Several horizontal curves do not meet the minimum 275' radius requirement for street$ with a design speed of 30 mph. The three small curves near the connection to the; a ds ft street should be removed, and the radius of the curve at approximately station 5+00 should be lire aced slightly to the minimum. 6.2 The typical section for the shoulder in the rural section should be included on the plan. 6,3 Notes detailing procedure and schedule for connection of'new street to existing Kintyre Lane should be included with plea. Bitumimous pavement should be mw -cut for clean match lines. Enoughh, eadsting curb and gutter should be removed to install 15' radii to the new alignment. Final extent of existing infrashucture removal shall be coordinated in field with City prior to any demolition. Notes should also include schedule for removal of Construction access. 7.0 FINAL UTILJTY PLAN: 7.1 Inverts indicated for FESI, CB2, and C133 do not match proposed grading. It appears inveft should be adjusted approxdmately 6.0' up. 7.2 Inverts should be provided for dmiffile installed in filtration shelf to ensure system is correctly installed. Draintile should be eaftkied to high water level on "dead -one" runs, and cleanouts installed at terminations to allow for mahtenance 7.3 Castings should be indicated on plan for inlets. Neenah casting R 3067-V is recommended. 7.4 Notes should be Whxded to indicate that a 15" culvert must be installed at driveway connections to the street for those lots along the rural section when the house is conskucted 8.0 FINAL EROSION CONTROL PLAN: 9.1 Notes should indicate perimeter erosion control measures and protection fencing will be installed by Contractor and inspected by City prior to any demolition or land disturbance. Condraetor must provide 24 hour notice prior to inspection. $.2 Erosion control blanket should be installed on slopes of 3;1 and swale"tches. Batching should be indicated on the plan to ensure adequate coverage. 8.3 Turf reinforcement mat should be installed where the curb and gutter transitions to ditches in order to minimize potential for erosion. 8.4 Inlet protection should be installed on existing Kintyre Lane on the first inlets downstream from the prof ed site. Final Plat Application 16-3860 Kintyre Preserve Page 4 9.0 FINAL LANDSCAPLE PLAN: 9.1 Locations of various seed mixes should be indicated with a legend and hatching to ensure areas of revegetation are adequately accounted for. 9.2 Imnsive species management outlined in the Conservation Design Master Plan should be included on the plan. Locations of buckthorn and thistle management should be indicated with a legend and hatching to erasure areas of management are adequately accounted for. 9.3 The Notes should be revised to include procedures and schedule for de -compaction of soils under existing .hard surfaces to be re-established with vegetation. De-campaction areas should be indicated on the plan. These areas include the construction access driveway, the portion of driveway removed that use to serve Lot 5, and the various structures demolished. 9.4 The turf grass should be removed from Oudot A and re -vegetated with a native mix. State seed mix 35-221 is recommended for a dry general prairie mix. If unmaintained turf grass is left in place, the lHW&ood of invasive species and noxious weeds taking root is greatly increased. 9.5 The portion of Oudot A of Tamarack Hill Addition not serving the adjacent property at 300 Stubbs Bay Road North could be re -vegetated with a native prairie seed mix. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. J;�g 64 Robert E. Bean, Jr., PE. Water Resources Engineer City of Orono Payment Register Page. 1 Receipt Dates: 9/7/2016 - 9/7/2016 Sep 09, 2016 09:26AM Report Criteria: Less Change Payment types: Cash, Check, Credit Card, PSN CC, PSN Check Workspaces: FRONT COUNTER, PSN, PZIMMERMAN, SPETTII Receipt Payment Number Date Type 0910712016 782.57 Receipt Group 03 782.57 3.016365 09/07/2016 Credit Card 3.016366 09/07/2016 Check 3.016367 09/07/2016 Check 3.016368 09/07/2016 Check 3.016369 09/07/2016 Credit Card 3.016370 09/07/2016 Check 3.016371 09/07/2016 Check 3.016372 09/07/2016 Check 3.016373 09/07/2016 Check 3.016374 09/07/2016 Cash 52.26 Cash 3.016375 09/0712016 Check 3.016376 09/07/2016 Credit Card 3.016377 09/07/2016 Check Total Receipt Group 03: Receipt Group 04 2073 4.020630 09/07/2016 PSN Check 4.020631 09/07/2016 PSN Check 4.020632 09/07/2016 PSN CC Total Receipt Group 04: Total 09107/2016: 2,500.00 Grand Totals: RD Summary By Payment Type Payment Type Cash Check Credit Card PSN CC PSN Check Grand Totals G = GL Updated Check Payment Change User ID Payor Number Amount Total Paid Total Applied Amount Pronto Heating Less Change 63.90 53.90 53.90 .00 RD SUNDBERG, RICH 5272 782.57 782.57 782.57 .00 SP SODERMAN, ANTH 4331 166.43 166.43 166.43 .00 SP Alyson Murray 8674 24.00 24.00 24.00 .00 RD Culligan 52.25 52.25 52.26 .00 RD Hagen Remodeling 2584 50.50 50.50 50.50 .00 RD Steven Gerber 2073 366.22 366.22 386.22 .00 MF Boyer Building 051005 2,500.00 2,500.00 2,500.00 .00 RD Boyer Builders 051004 1,745.20 1,745.20 1,745.20 .00 RD Daniel Walters Go RD Daniel Walters 25.00 25.00 25.00 .00 RD Stonewood LLC 14284 337.18 337.18 337.18 .00 RD Norton Homes 6524 80.52 80.52 80.52 .00 MF Norton Homes 14547 2,500.00 2,500.00 2,500.00 .00 MF 8,683.77 8,683.77 .00 BOLLIS JR, CHRIS 279.90 279.90 279.90 .00 PSN STRAND -PAUL, SA 166.43 156.43 166.43 .00 PSN CHIODIN, HEATHE 163.15 163.15 163.15 .00 PSN Amount Less Change Net 25.00 .00 25.00 8,472.10 .00 8,472.10 186.67 .00 186.67 163.15 .00 163.16 446.33 .00 446.33 9,293.25 .00 9,293.25 509.48 609.48 .00 9,293.25 9,293.25 .00 9,293.25 9,293.25 .00 City of Orono Payment Register Page: 1 Receipt Dates: 917/2016 - 9f712016 Sep 09, 2016 09:25AM Report Criteria: Payment types: Cash, Check, Credit Card, PSN CC, PSN Check Workspaces: FRONT COUNTER, PSN, PZIMMERMAN, SPETTIT Receipt Number Date unrurrcu-1 o 8674 Culligan Receipt Group 03 Hagen Remodeling 3.016365 09/07/2016 Credit Card 3.016366 09/07/2016 Check 3.016367 09/07/2016 Check 3.016368 09/07/2016 Check 3.016389 09/07/2018 Credit Card 3.016370 09/07/2016 Check 3.016371 09/07/2016 Check 3.016372 09/07/2016 Check 3.016373 09/07/2016 Check 3.016374 09/07/2016 Cash 2,500.00 2,600.00 Cash 3.016375 09/07/2016 Check 3.016376 09/07/2016 Credit Card 3.016377 09/07/2016 Check Total Receipt Group 03: Receipt Group 04 RD 4.020630 09/07/2016 PSN Check 4.020631 09/07/2016 PSN Check 4.020532 09/07/2016 PSN CC Total Receipt Group 04: Total 09/0712016: 80.52 Grand Totals: 2,500.00 Summary By Payment Type Payment Type Cash Check Credit Card PSN CC PSN Check Grand Totals: G = GL Updated Payment Check Payment Change User ID Type Payor Number Amount Total Paid Total Applied Amount Pronto Heating SUNDBERG, RICH 5272 SODERMAN, ANTH 4331 Alyson Murray 8674 Culligan 25.00 Hagen Remodeling 2584 Steven Gerber 2073 Boyer Building 051005 Boyer Builders 051004 Daniel Walters .00 Daniel Walters 446.33 Stonewood LLC 14284 Norton Homes 6524 Norton Homes 14547 BOLUS JR, CHRIS STRAND -PAUL, SA CHIODIN, HEATHE Amount Less Change Net 25.00 .00 25.00 8,472.10 .00 8,472.10 186.67 .00 186.67 163.15 .00 163.15 446.33 .00 446.33 9,293.25 .00 9,293.25 53.90 53.90 53.90 .00 RD 782.57 782.57 782.57 .00 SP 166.43 166.43 166.43 .00 SP 24.00 24.00 24.00 .00 RD 52.25 52.25 52.25 .00 RD 50.50 50.50 50.50 .00 RD 366.22 366.22 366,22 .00 MF 2,500.00 2,600.00 2,500.00 .00 RD 1,745.20 1,745.20 1,745,20 .00 RD .00 RD 25.00 25.00 25.00 .00 RD 337.18 337.18 337.18 .00 RD 80.52 80.52 80.52 .00 MF 2,500.00 2,500.00 2,500.00 .00 MF 8,683.77 8,683.77 .00 279.90 279.90 166.43 166.43 163.15 163.15 279.90 166.43 163.15 .00 PSN .00 PSN .00 PSN 609,48 609.48 .00 9,293.25 9,293.25 .00 9,293.25 9,293.25 .00 tA �J O `► I' ' 1 _l - / Council L 1 _ Exhibit E — � — IN �- -- -- 0'0001 ,18 Ij lei b'OZOuS OM I 'Fat ZOL I3 to + .wr � n% � ,� Lt *��' `+ ��O`_ � --�` r ` ,Q •��• � �- , �e �� 10 07 -CO + �°\X � ',`°�",�i�, �Lj i,� "', O!• O� �; �_� ���� a� _ ��•a��} ,.. 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This Declaration of Covenants, Conditions, Restrictions and Easements (this "Declaration") is made in the County of Hennepin, State of Minnesota, on this day of 2016 by (individually and collectively, "Declarant"). Recitals A. Declarant is the owner of certain real property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (collectively, the "Property"); and B. Declarant, desires to subdivide the Property together with certain other real property into residential lots and outlots pursuant to the plat of Kintyre Preserve (the "Plat"); and C. Developer wishes to impose upon and subject the Property to certain covenants, conditions, restrictions and easements for the benefit of the Property and all present and future Owners of any part thereof. Agreement NOW, THEREFORE, Declarant makes this Declaration, declaring that this Declaration shall constitute covenants to run with the Property, and the Property shall hereafter be owned, used, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all persons owning or acquiring any right, title or interest of a unit, and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Assessments" means and refer to all assessments levied by the Association pursuant to Section 6 of this Declaration, including annual, special and limited allocation assessments. 1.2 "Association" means the Kintyre Preserve Homeowners Association, a nonprofit corporation incorporated and governed pursuant to Chapter 317A of the laws of the State of Minnesota, whose members consist of all Owners as defined herein. 1.3 "Board" means the Board of Directors of the Association as provided for in the Bylaws. 1.4 "Bylaws" means the Bylaws governing the operation of the Association, as amended from time to time. 1.5 "Common Area" means Outlot B identified on the Plat and all other parts of the Property hereafter conveyed to the Association or otherwise owned by the Association and made a part of the Common Area, but Common Area does not include Outlot A. 1.6 "Common Expenses" means and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in this Declaration or Bylaws. 1.7 "Eligible Mortgagee" means any Person owning a mortgage on any Lot, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Lot, and which has requested the Association, in writing, to notify it as set forth herein. 1.8 "Governing Documents" means this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. 1.9 "Lot" means each separate legal lot identified on the Plat (excluding the Common Area) as the Plat may be amended, revised, or further replatted from time to time, provided that the Lots shall only include portions of the Property. 1.10 "Member" means all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.11 "Occupant" means any person or persons, other than an Owner, in possession of a Lot. 1.12 "Outlot A" has the meaning assigned to it in Section 13.8 below. 1.13 "Owner" means a Person who owns a Lot, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. If more than one Person constitutes the Owner of a Lot, all such persons shall decide between or among themselves how to vote in any vote of the Owners of the Lots as further set forth in the Bylaws, and the Owner of each Lot shall be entitled to only one vote for each Lot owned by that Owner. 1.14 "Person" means a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 1.15 "Plat" has the meaning assigned to it in the Recitals set forth above. 1.16 "Property" shall have the meaning assigned to it in the Recitals set forth above. 2 1.17 "Retention Pond" means that retention pond that is depicted on the Plat. 1.18 "Review Committee" has the meaning assigned to it in Section 8.1 below. 1.19 "Roadway" means the roadway and other improvements now or hereafter located on Outlot B identified on the Plat. 1.20 "Rules and Regulations" means the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.4. 1.21 "Significant Tree" means a healthy deciduous tree measuring at least five inches in diameter, or a heathy coniferous tree measuring at least four inches in diameter measured in caliper inches four feet above the ground. SECTION 2 LOT USES 2.1 Residential Use. Each Lot shall be used solely and exclusively for residential purposes. No building may be erected, altered, placed or permitted to remain on any Lot except the following, if and to the extent permitted by applicable law and the Review Committee: a single dwelling house, designed for the accommodation of one family; one or more garages; a pool house incident to an in -ground swimming pool on a Lot; a gazebo; and any other building incident to the residential use of the Lot. No above -ground swimming pool, except small, movable children's wading pools, shall be placed or constructed on any Lot. No sign of any kind shall be placed or kept on any Lot if such sign is visible from any other Lot, from the Common Area, or from any road or any other location outside of the Property, except only (i) a sign not exceeding one (1) square foot in area, indicating the address and/or name of the Owner of the Lot, (ii) a "for sale" sign of a size and dimensions not exceeding those customary in the Minneapolis -St. Paul metropolitan area for residential real estate "for sale" signs except as otherwise approved by the Review Committee, and (iii) proper to the construction of a dwelling on a Lot and the conveyance of the Lot and dwelling to the initial occupant(s) of the dwelling signs of which the size, shape, color and message have been approved by the Review Committee, advertising the Lot for sale, advertising the dwelling as a model home, and/or specifying the name of the builder constructing the dwelling. Except as otherwise provided by applicable law, no satellite dish, antenna or similar equipment or apparatus that is visible beyond the boundary of a Lot shall be located or installed on the Lot. 2.2 Maintenance. Each Lot and all improvements thereon shall be maintained by the Owner thereof in good order and repair, in accordance with all applicable laws, ordinances, rules, and regulations and any standards established from time to time by the Review Committee. 2.3 Parking. No vehicle shall be parked on any street or road right-of-way adjacent to the Lot. 2.4 Ownership of Common Area. The Common Area shall be owned at all times by the Association. 3 2.5 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. SECTION 3 EASEMENTS AND SETBACKS 3.1 Utility and Drainage Easements. Easements for installation and maintenance of utilities and drainage facilities have been dedicated as shown on the Plat. Within these easements, no structure, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of water through drainage channels within the area of these easements. The Owner of a Lot shall maintain the easement sites on the Lot and all improvements within it, except for those improvements for which a public authority or utility company may be responsible. Each Lot shall be subject to and shall be the beneficiary of perpetual appurtenant easements for all services and utilities servicing the Lots and the Common Area, and for maintenance, repair and replacement as described this Declaration. 3.2 Setbacks. The setback requirements for the dwelling house and any other building on each Lot shall be the setback requirements of the City, except as otherwise set forth below. 3.3 Access Easement. Declarant hereby declares and creates: (a) a perpetual, non-exclusive easement over the Private Road, for the benefit of all Owners, Occupants, and their guests, agents, and invitees for access over and across the Private Road; and (b) a perpetual, non- exclusive easement over the Private Road for the benefit of the City, for (i) ingress, egress and access; (ii) road, drainage and utilities purposes and uses, including the right to construct and maintain the same, including but not limited to a full and free right and authority to enter upon the Roadway to construct install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road, and any and all appurtenances, including drainage control structures, incidental and related thereto; and (iii) ingress and egress over the Private Road for inspection by the City of any portion of the Property, animal control, snow removal, maintenance, repair and replacement of the Private Road and the storm water drainage facilities on the Property, and exercise of any rights or remedies granted to the City by this Declaration. 3.4 Private Road Easement. The Private Road is not a publicly dedicated roadway, and the City of Orono has no obligation to maintain or service the Private Road. The Association shall assume and agree to pay the total costs for maintaining, repairing, altering and reconstructing, if necessary, the Private Road and all improvements located thereon or thereunder so as to fully comply with the ordinances of the City of Orono in regard to Private Roads, provided that such costs shall be included in the calculation of Common Expenses. 3.5 Retention Pond. In addition to the rights granted pursuant to Section 3.1 above, all Owners that own any portion of the Retention Pond or that own land that lies between an Owner's ► W Lot and the Retention Pond or between the Roadway and the Retention Pond hereby grant to the other Owners the right to drain over such Owner's Lot or the Roadway into the Retention Pond any storm water or runoff that may from time to time collect on an Owner's Lot, and hereby grant such Owners and the Association with an easement right over those portions of the Owner's Lot that are needed to drain into the Retention Pond from such Owner's Lot or from the Roadway. An Owner may redirect the flow of overland water that runs over such Owner's Lot as such Owner sees fit so long as such redirection does not hinder or prevent the flow of water from another Owner's Lot or the Roadway into the Retention Pond. The Association shall assume and agree to pay the total costs for maintaining, repairing, altering and reconstructing the Retention Pond, if any, and each Owner grants the Association with all easement rights that are needed in order for the Association or the City of Orono to maintain, repair, alter, reconstruct or replace the Retention Pond. 3.6 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 3.7 Easements are Appurtenant. All easements and similar rights burdening or benefitting a Lot or any other part of the Property shall be appurtenant thereto, and shall be permanent. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 3.8 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. 3.9 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Lot, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Lots for the purposes of maintenance, repair, replacement and reconstruction of the Common Area and other utilities serving the Lots, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 3.10 Assignment. The easements granted in this Declaration may not be assigned to any other party, provided that the City of Orono may assign its rights under this Declaration to any subdivision of the government of the City of Orono. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association and the allocation to each Lot of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Lot ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Lot. An Owner's membership shall terminate when the Owner's ownership 5 terminates. When more than one Person is an Owner of a Lot, all such Persons shall be members of the Association, but multiple ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the division of the voting rights. Each Lot is entitled to one (1) vote. 4.2 Voting and Common Expenses. Voting rights shall be allocated equally among the Lots. Common Expense obligations shall be divided so that each Lot is allocated and responsible for a proportionate share, which shall be fraction, the numerator of which is one and the denominator of which is the number of Lots at any one time. Notwithstanding the foregoing, if at any time an Owner owns two Lots and has only constructed one single family house on the Lots, the Lots shall be deemed only one Lot for purposes of calculating the Owner's share of Common Expenses. 4.3 Appurtenant Rights and Obligations. The ownership of a Lot shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Lots, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents. 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Lot at meetings of the Association; provided, that if there are multiple Owners of a Lot, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in the Bylaws. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents and the Rules and Regulations. The Association shall, subject to the rights of the Owners set forth in the Governing Documents, be responsible for the maintenance, repair, and replacement of the Roadway and all other improvements located in, on, or under the Common Area. The Association shall have all powers described in the Governing Documents, and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents. All references to the Association means the Association acting through the Board unless specifically stated to the contrary. 5.2 Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties. 0 5.3 Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association, and shall be binding on all Owners and Occupants. 5.4 Rules and Regulations. The Owners shall have exclusive authority, upon the affirmative vote of at least 75% of the Owners of all Lots, to approve and implement such reasonable Rules and Regulations as they deem necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Common Area and the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. 5.5 Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. SECTION 6 NUISANCES 6.1 Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything by done thereon which maybe or become an annoyance or nuisance to the Owner or occupant of any other Lot. SECTION 7 GARBAGE AND REFUSE; OUTDOOR STORAGE 7.1 Rubbish, Trash and Garbage. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, rubbish, brush, cuttings and other waste shall be kept only in sanitary containers shielded from view, in a manner approved in writing by the Review Committee, from roads, easements, other Lots and any other portions of the Property. SECTION 8 DESIGN REVIEW 8.1 Design Review Committee. No building, structure or other improvement to a Lot may be erected, placed, altered, expanded or occupied on any Lot, nor shall site grading, landscaping or preparation of a Lot occur, until the building plans and specifications and site plan showing the location of such building or other structure or improvement or alteration or expansion thereof, and/or the landscaping plan, have been approved by the Design Review Committee (the "Review Committee"). The Review Committee shall initially be composed of Chris Bollis, Sr., Gail Bollis, and Chris Bollis, Jr., unless and until Declarant designate a different member by written notice to the Owner of each of the Lots. Thereafter, whenever Declarant ceases to own any of the Lots, the Review Committee shall be composed of the Directors of the Association, or three persons designated by the Directors of the Association. In the event of the death or resignation of any member of the h Review Committee, the remaining member or members shall have the authority to act as the Review Committee until a substitute Director of the Association, or a substitute person designated by the Directors of the Association, is elected or appointed, as the case may be. The Review Committee shall meet as frequently as necessary, upon reasonable notice to the Owners and members of the Review Committee. All decisions of the Review Committee shall be by majority rule. The Review Committee shall not unreasonably withhold, condition, or delay its approval of any application or request by an Owner. 8.2 Objectives. The objectives of the Review Committee shall include, among others, the following: a. To promote long-term community quality by encouraging construction on the Lots of only single-family homes and related improvements of appropriate architectural style and exterior design; b. To protect and preserve the character and nature of the Property, including its landscape, pleasing views and natural characteristics; C. To promote the use of only quality exterior materials and finishes, or a color and applied in a manner that enhance the appeal and compatibility of the residential community within the Property; d. To promote adequate and reasonable development of the Property, appropriate to the type of homes to be constructed thereon; e. To promote the erection of buildings appropriately located on the Lots, to foster and preserve a harmonious appearance and function and to preserve the quality of views from other Lots; £ To enforce compliance with all terms, general and specific standards, and other use restrictions contained herein or in any other document duly recorded which affects title to any part of the Property; g. To promote compatibility of alterations made to any dwelling or other improvements on a Lot with the existing dwellings and other improvements on the other Lots; and h. To promote compatibility of landscaping on Lots in order to achieve a harmonious viewscape from other Lots and to preserve and enhance the aesthetic quality of the Property. 8.3 Review Process. Design review by the Review Committee shall include but not be limited to (a) site grading and landscaping plans; (b) location of all buildings and other improvements; (c) height and mass of buildings in relation to other houses on Lots and the general topography of the Property; (d) exterior finish materials; and (e) location, composition, size, color and design of any and all fencing. Prior to commencement of construction or site grading on any Lot, the Owner of the Lot shall submit to the Review Committee: a site plan of the Lot, showing existing grades, Lot lines, setback lines, 8 proposed location of each building, and the location, length and width of all driveways, fences, sidewalks and patios; a site grading and tree clearing plan, which shall identify all tree protection and Drainfield Sites protection measures and all installations of silt fences; two (2) sets of construction plans for the building(s), including interior floor plans, renderings of all exterior elevations, and an identification of the character, quality and color and, if available, the manufacturer, of all exterior materials and finishes; renderings of any proposed fences and/or retaining wall improvements; a tree survey of the Lot to be improved, showing the size, species and location of all Significant Trees on the Lot that are proposed to be removed from or relocated on the Lot. If within twenty-one (21) calendar days after all of said materials have been submitted to it, the Review Committee or its designated representative neither disapproves such alteration or improvement nor approves the same subject to one or more conditions, and in any event if no suit to enjoin the making of such alterations or improvements has been commenced prior to the completion thereof, such approval(s) will be deemed granted, further evidence thereof will not be required, and this covenant shall be deemed to have been fully performed. 8.4 Landscaping. No vegetation on a Lot shall be altered, except pursuant to a landscaping plan submitted to an approved by the Review Committee. Prior to commencement of any grading, tree removal or other landscape alteration beyond any such activity within the approved building area for a dwelling, and in any event not later than the earlier to occur of the date of first occupancy or ninety (90) days completion of construction of the dwelling on a Lot, the Owner of the Lot shall submit for review by the Review Committee two sets of a proposed landscape plan for the Lot, identifying all plantings, maintained yard areas, gardens, areas of proposed non -maintained natural ground covet, proposed tree clearing, replacement Significant Trees for landscape or view purposes. If, within twenty-one (2 1) calendar days after its receipt of the proposed landscape plan complying with the requirements of this Section, the Review Committee or its designated representative neither disapproves such landscape plan nor approves the same subject to one or more conditions, approval of the landscape plan will be deemed granted, further evidence thereof will not be required an this covenant shall be deemed to have been fully performed. The Review Committee, in its review of landscape plans, shall discourage the removal of any Significant Tree on a Lot, unless such tree is diseased or within the site of the approved improvements to be made to the Lot, in which case the Review Committee may require that each such tree be replaced on the Lot by two trees of a size and species acceptable to the Review Committee. The Review Committee, in reviewing and approving landscape plans for Lots, shall have as one of its objectives to ensure that the landscaping on all of the Lots is harmonious with the landscaping on the other Lots. 8.5 Subsequent Improvements. After initial occupancy of the dwelling constructed on a Lot, no exterior improvement or construction which has not previously been approved pursuant to this Articles shall be commenced, and no building, other structure or improvement to a Lot shall be altered on the exterior (excluding normal staining or repainting of a similar color), nor any substantial landscape work done on any Lot, unless the approvals required by this Article have been obtained. Notwithstanding the foregoing, in the event of a casualty to any improvements on a Lot, which improvements were approved pursuant to this Article, the Owner of the Lot shall be entitled to rebuild those improvements, without 0 change from the original approved plans, without again obtaining approval by the Review Committee. 8.6 Other Specific Standards. To provide guidance to Owners, Declarant hereby provides the following additional design review standards which shall be enforced by the Review Committee: a. Materials. To exterior walls of all buildings on a Lot shall be constructed of any of the following materials, of a duality and applied in a manner acceptable to the Review Committee: brick, stucco, natural stone, cedar shake, cedar siding, redwood siding, or other material approved by the Review Committee. Consistent application, on all elevations of the proposed dwelling, of corner boards, window and door trim, shutters, frieze boards and moldings are encouraged, and may be required whenever visible from any other Lot. All roof vents, plumbing stacks and flashing should closely match the color of surrounding materials. Driveways shall be paved, with asphalt, concrete or pavers. Approval of colors by the Review Committee shall be in its reasonable discretion. Exterior colors approved by the Review Committee may not be changed without the same approval. b. Individual Sewage Treatment Systems. Individual sewage treatment systems shall be built into the existing contour of the Lot, and landscaped to mask the appearance of a "mound." Any access portals or pipes used to pump out underground holding tanks shall be installed not more than two inches above ground level, and shall be capped in a manner consistent with best industry practices. C. Landscape Plans. Generally, landscape plans shall contemplate turf shrubs, trees and flower gardens, to be maintained by the Owner of the Lot. Landscape plans providing for non -maintained areas may be permitted only in areas of heavy tree cover. Landscape plans which include plantings of native grasses, wildflowers and/or other plantings intended to create a low maintenance landscape of natural appearance, may be permitted only when the same will be professionally designed, installed and maintained to maturity and where the same are appropriate to neighboring landscape. SECTION 9 COMMON EXPENSES 9.1 Common Area. The costs of maintaining, repairing and replacing the Common Area, and the Private Road and any other improvements on the Common Area, and the costs incurred by the Association in otherwise performing its obligations under this Declaration, shall be Common Expenses. 9.2 Other Common Expenses. The following shall also be Common Expenses: a. The costs of maintaining, repairing and replacing, and paying the cost of electricity used by, any and all street lights, if any, within the Property that are not otherwise 10 owned by an Owner, including all street lights located on the Common Area, to the extent not maintained by the City or the County; b. Any real estate taxes and special assessments levied against the Common Area; C. The costs of maintaining the Retention Pond and all other storm water ponds and other storm water management facilities now or hereafter constructed on the Property; and d. The costs of maintaining and complying with the ecological restoration and management program for the Property prosed by Declarant and approved by the City, as the same hereafter may be amended from time to time within the City's approval. SECTION 10 ASSESSMENTS 10.1 Creation of Lien and Personal Obligation of Owners. Each Owner, by accepting any deed or other instrument of conveyance to a Lot, whether or not it shall be so expressed in such deed or other instrument, is deemed to covenant and agree to pay to the Association general annual assessments or charges, and special assessments for capital improvements and other Common Expenses which are incurred less frequently than annually by the Owners such assessments to be established and collected as hereinafter provided. Alt annual and special assessments assessed against a Lot, together with interest, collection costs and reasonable attorney's fees, shall be a lien on the Lot, in favor of the Association, from the due date of such assessment until paid in full. Each such assessment, together with interest, collection costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of the Lot as of the due date of the assessment, and if more than one person is the Owner of the Lot, each such person shall be jointly and severally liable therefor. Such assessments shall be fixed, established and collected by the Association from time to time in the manner provided in this Article. 10.2 Purposes of Assessments. The assessments levied against the Lots shall be used exclusively to improve and maintain the Common Area, to maintain and repair any amenities located within the Common Area, and to pay other Common Expenses. 10.3 Annual Assessment. The Association shall fix the amount annual assessments and the dates and methods of payment. 10.4 Special Assessment for Capital Improvements. Special Assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement shall be levied only with the assent of the Owners of a majority of the Lots. 10.5 Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all Lots, and may be collected on a monthly, quarterly or annual basis, as determined from time to time by the Association. 11 10.6 Effect of Nonpayment of Assessments. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid, at a rate equal to the lesser of the highest rate permitted by law, or ten percent (101/o) per annum. The Association may bring an action at law against an Owner who has not timely paid an assessment for which such Owner is personally obligated (a "Defaulting Owner"), and/or foreclose the lien against the Lot owned by the Defaulting Owner, to collect any assessment owed by the Defaulting Owner. No Owner may waive or otherwise escape Iiability for the assessments provided for herein by non-use of the Common Area or abandonment of a Lot. A suit to recover a money judgment for unpaid assessments and expenses hereunder may be maintained without foreclosing or waiving the lien securing the same. 10.7 Lien for Assessments. All sums assessed to any Lot pursuant to this Article, together with interest thereon and other costs as provided herein, shall be secured by a lien thereon in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot except only for liens for general and special taxes, and the lien of any first mortgage on a Lot. All other Persons acquiring a lien on any Lot shall be deemed to have consented that such Person's lien shall be inferior to future liens for assessments as provided herein, whether or not such consent be specifically set forth in the instrument creating such lien. To evidence a lien for sums assessed pursuant to this article, the Association may prepare a written notice of lien, setting forth the amount of the assessment, the due date, the amount remaining unpaid, the name of the Defaulting Owner and a description of the Lot, and record the same in the office of the County Recorder in and for Hennepin County, Minnesota. Such lien may be enforced by judicial foreclosure or by foreclosure by advertisement, in the same manner in which mortgages on real property may be foreclosed in Minnesota, and each current and future Owner, by becoming an Owner, hereby grants to the Association a power of sale, to enable the Association to enforce the lien hereby created by non judicial proceedings. In any such foreclosure, the Defaulting Owner shall be required to pay the costs and expenses of the Association in collecting the assessments and/or enforcing the lien, all of which shall be secured by the lien being foreclosed. In order to cause the Association to discontinue any foreclosure or any other proceedings to collect any assessment and/or to enforce any lien granted pursuant to this Declaration, the Defaulting Owner shall be obligated to pay all assessments against such Owner's Lot which shall become due as of the date of such payment, and all costs and expenses incurred by the Association in collecting the assessments and/or enforcing such lien, including reasonable attorney's fees. A release of notice of lien shall be executed by the Association in recordable form, and may be recorded at the Defaulting Owner's expense, upon payment of all sums secured by a lien which has been the subject of a recorded notice of lien. The Association, upon written request, shall report to any Person with a valid lien on or interest in a Lot, any assessments remaining unpaid for longer than ninety (90) days after the same shall have become due. 12 10.8 Continued Liability. The sale or other transfer of a Lot shall not extinguish or otherwise impair the assessment lien, nor extinguish or impair the personal obligation of the selling Owner for any delinquent assessment and interest, costs and expenses, until the same shall have been paid in full. Notwithstanding the foregoing, the personal liability of any Owner to pay assessments and any related interest, costs and expenses shall apply only as to any such assessments, interest, costs and expenses which were due when the Owner became the Owner of the Lot or which become due thereafter, but prior to the date on which the Owner ceased to be the Owner of the Lot. 10.9 Governmental Assessments. In the event that the Association fails to perform any of its obligations pursuant to this Declaration and such obligations were imposed by or for the benefit of the City, the County, or any other governmental or quasi -governmental entity, such governmental or quasi -governmental entity shall be entitled to pay and perform the obligations of the Association in connection therewith and to levy, impose, enforce and collect the costs so paid or incurred by such entity by an equal assessment on each of the Lots, to the fullest extent permitted by law. SECTION 11 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Governing Documents, the Rules and Regulations, and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. 11.1 Entitlement to Relief In addition to the rights set forth in Section 10 above, the Association may commence legal action to recover sums due, for damages, or for injunctive relief, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take or omit other action in violation of the Governing Documents, or the Rules and Regulations, as a measure to enforce such Owner's position, or for any other reason. 11.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their family or guests, who violate the provisions of the Governing Documents, or the Rules and Regulations: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. 13 b. Impose late charges, fines, penalties or other charges in any reasonable amount for each violation of the Governing Documents as determined by the Board of Directors in its discretion from time to time, and interest at up to the highest rate permitted by law, for each past due Assessment or installment thereof and any other amounts lawfully assessed against an Owner or a Lot. C. In the event of default of more than thirty (30) days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed against the Lot owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent Assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Suspend the rights of any Owner to vote when the Assessments due with respect to the Owner's Lot are past due. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to thirty (30) days thereafter, for each violation. e. Foreclose 'any lien arising under the provisions of the Governing Documents or under law, in the manner provided by applicable law. 11.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 11.2 d., e., f. or g. of this Section, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to request a hearing within thirty (30) days after receipt of notice by the Owner of the objectionable charge or of the association exercising the objectionable remedy, or fails to appear at the hearing, then the right to a hearing shall be deemed waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 11.4 Lien for Charges, Penalties, etc. Any Assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Lot of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice of its decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 14 11.5 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Lot with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, costs charged by a collection agency, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. Such collection fees or costs shall be the personal obligation of such Owner and shall be a lien against such owner's Lot. 11.6 Liability of Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Lot, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Lot. 11.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, and the Rules and Regulations as provided therein. Each Owner (including Declarant so long as Declarant is the Owner of at least one of the Lots) and the Associations hall have the right to enforce, by any proceeding at law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter imposed by the provisions of this Declaration, including the collection of any Owner's pro rata share of Common Expenses. The City, the County, and any other governmental or quasi -governmental entity, shall have the right to enforce by any proceeding at law or in equity all easements, covenants, conditions and restrictions created by this Declaration expressly for the benefit of such entity. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages to the Association, any Owner or any other entity in the event of a violation of any of the terms hereof would be an inadequate remedy due to the irreparable and immeasurable harm done thereby. Accordingly, the Association, each Owner (including Declarant, so long as Declarant is the Owner of at least one of the Lots) and any other entity shall have the right, in addition to any other remedies available at law or in equity, to apply for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, the party seeking enforcement of the terms hereof shall be entitled to recover from the party violating the terms of this Declaration reimbursement for all costs and expenses of litigation, including reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness fees, and any other costs incurred in securing such relief. 15 SECTION 12 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant right for as long as it owns a Lot, or for such shorter period as may be specifically indicated: 12.1 Complete Improvements. To complete all the Lots and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by the Declaration, and to make alterations in the Lots and Common Area to accommodate the exercise of any special declarant rights. 12.2 Signs. To erect and maintain signs and other sales displays offering the Lots for sale, in or on any Lot owned by Declarant and on the Common Area. 12.3 Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Area and the yard areas of the Lots for the purpose of exercising its special declarant rights. 12.4 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board, until the earliest of: (i) voluntary surrender of control by Declarant, or (ii) an Association meeting which shall be held within sixty (60) days after conveyance to owners other than a Declarant of one hundred percent (100%) of the total number of Lots authorized to be included in the property. Notwithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than one-third (1/3) of the directors at a meeting of the Owners which shall be held within sixty (60) days following the conveyance by Declarant of fifty percent (50%) of the total number of Lots authorized to be included in the Property. 12.5 Consent to Certain Amendments. Until such time as Declarant no longer owns any Lot for initial sale, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects Declarant's rights under the Governing Documents. 12.6 Assignment. Declarant may assign its special Declarant rights as set forth in this Section by recording against the Property such an assignment. SECTION 13 1VIISCELLANEOUS 13.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 16 13.2 Construction. Where applicable the masculine gender of any word used herein means the feminine or neutral gender, or vice versa, and the singular of any word used herein means the plural, or vice versa. 13.3 Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the Loted States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 13.4 Conflicts Among Documents. In the event of any conflict among the provisions of this Declaration, the Bylaws or any Rules or Regulations approved by the Association, this Declaration shall control. As between the Bylaws and the Rules and Regulations, the Bylaws shall control. 13.5 Duration of Covenants. The easements created pursuant to this Declaration shall be perpetual and shall survive the termination of this Declaration. Any provision of this Declaration expressly benefiting the City, the County, or any other governmental or quasi - governmental entity, shall be perpetual unless and until waived in writing by that entity. All other covenants, conditions, restrictions and reservations created by this Declaration shall continue for a term of thirty (30) years from the date of this Declaration, after which time the same shall expire except to the extent preserved in a duly recorded instrument, signed by the Owners of at least a majority of the Lots, agreeing to extend the during of this Declaration. 13.6 Binding Effect. The covenants, conditions, restrictions and easements in this Declarations shall run with and bind the Property and shall inure to the benefit of and be enforceable by and against the Owner of each Lot, and their respective legal representatives, heirs, successors and assigns. 13.7 Amendment. This Declaration may be amended by an instrument executed solely by Declarant until Declarant sells all of the Lots, and thereafter may be amended by all instrument executed by Owners of at least seventy-five percent (75%) of the Lots; provided, however, that Section 10.5 may not be amended without the express written consent of the Owner of each of the Lots; and no part of the Property may be deprived of any easement granted pursuant to this Declaration, if any, without the written consent of each Owner and lienholder of that part of the Property. 13.8 Outlot A. Notwithstanding anything in this Declaration to the contrary, the land legally described as Outlot A, Kintyre Preserve, Hennepin County, Minnesota ("Outlot A') shall not be bound by or subject to this Declaration, provided that the owner(s) of Outlot A and such owner(s) guests, agents, invitees, successors, and assigns shall have the right to use those easements described in Section 3 above that are in the favor of an Owner, and provided further that the owner(s) of Outlot A may connect any roadway or driveway with the roadways located on the Property, and may construct all necessary improvements needed to make such a connection, provided that all such modifications shall be made at 17 the sole cost and expense of the owner(s) of Oudot A. Notwithstanding the foregoing, the owner(s) of Outlot A may elect to "opt into" this Declaration and make Outlot A subject to all terms and conditions of this Declaration by providing notice to the Owners of its election to do so and by recording a copy of such election with County Recorder for Hennepin County, Minnesota. Upon satisfying such conditions, Outlot A shall be deemed a portion of the Property, and each separate legal lot that forms a part of Outlot A shall be deemed a "Lot" hereunder. For purposes of calculating the owner(s) of Outlot A's proportionate share of Common Expenses, each owner that makes up a portion of Outlot A shall be deemed an Owner as of the date of the recording of the notice that elects to opt into this Declaration. [Remainder of Page Left Blank; Signature Page Follows] 18 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. [Declarant] By: Name: Title: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 20_, by , the of a Minnesota on behalf of the This instrument was drafted by: MULLIGAN & BJORNNES PLLP 401 Groveland Avenue Minneapolis, MN 55403 (612)871-1800 Notary Public 19 Exhibit A Proverft Lots 1 through 7. and Outlot B, Kintyre Preserve, Hennepin County, Minnesota. 20 Council Exhibit G AGREEMENT REGARDING SEPTIC SYSTEM THIS AGREEMENT REGARDING SEPTIC SYSTEM (this "Agreement") is entered into as of the day of 2016 (the "Effective Date"), (individually and collectively, "Owner"). RECITALS A. Owner is the owner and developer of certain real property legally described on Exhibit A attached hereto ("Lot 4") and certain real property legally described on Exhibit B attached hereto ("Lot 5"; Lot 5, together with Lot 4, are individually referred to herein as a "Lot" and collectively as the "Lots"), all of which is located in Hennepin County, Minnesota. A mound associated with the septic system serving Lot 5 (the "Mound') is located partially on Lot 4. B. As a condition to the City of Orono (the "C jW) agreeing to permit Owner to develop the Lots and other real property located immediately adjacent to the Lots, the City requires that the owner of Lot 5 remove from Lot 4 all portions of the septic system serving Lot 5 including the Mound. The City has agreed to permit the Owner to leave the Mound on Lot 4 so long as Lot 4 and Lot 5 are owned by the same person or entity, provided that the Mound is removed in connection with any conveyance of either Lot to another party. C. The Owner has agreed to bind the Lots to the terms of this Agreement to induce the City to issue the necessary approvals needed develop the Lots. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Grantee agree as follows: 1. Agreement ReggEdiag Regardingthe Sqpjtic S tem. Owner agrees that on or before the date that is one hundred twenty (120) days after the conveyance of either Lot 4 or Lot 5 to any party other than the fee simple owner of the other Lot, Owner must remove all portions of the septic system (including the Mound) from Lot 4 and either (a) install a new septic system on Lot 5 that complies with all applicable laws and ordinances including all applicable setback restrictions, or (b) remove those portions of the existing septic system serving Lot 5 and located on Lot 4, and reinstall them onto Lot 5 so that all portions of the existing septic system comply with all applicable laws and ordinances including all applicable setback restrictions. 2. Scope. The benefits and the burdens of this Agreement (a) run with title to the Property, and (b) inure to the benefit of Owner, the City, and their heirs, devisees, administrators, executors, successors and assigns, and binds Owner and its heirs, devisees, administrators, executors, successors and assigns. . [Remainder ofpage intentionally left blank.] 2 The Owner has caused this Agreement to be executed and delivered as of the date first above written. [Owner] By: Name: Title: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20, b , the of a Minnesota , on behalf of the Notary Public This instrument was drafted by: MULLIGAN &. B30RNNES PLLP 401 Groveland Avenue Minneapolis, MN 55403 (612) 871-1800 3 Exhibit A Lot 4 Lot 4, Kintyre Preserve, Hennepin County, Minnesota. Exhibit B Lot 5 Lot 5, Kintyre Preserve, Hennepin County, Minnesota.. WoNo_. SHO CITY OJ_, 0 Mme) INT, RESOLUTION OF THE CITY COUNCIL NO. 6536 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR A CLASS III SUBDIVISION OF PROPERTY LOCATED AT 200-350 STUBBS BAY ROAD NORTH - FILE NO. 15-3763 WHEREAS, Christopher J. Bollis and Gail M. Bollis are the owners of the property located at 200 Stubbs Bay Road North (PINS 32-118-23-42-0003); and Christopher W. Bollis and Rachel A. Bollis are the owners of the property located at 350 Stubbs Bay Road North (PINS 32-118-23-42-0006); both properties situated in the City of Orono, Minnesota and legally described as follows: See EXHIBIT A, attached (hereinafter collectively the Property); and WHEREAS, on June 26, 2015, Christopher W. Bollis (hereinafter the "Developer") filed a complete subdivision application with the City for preliminary approval of a 7 -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's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on July 20, 2015, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on July 20, 2015 the Planning Commission reviewed the application and recommended on a vote of 5 — 0 that the Council grant preliminary plat approval for the proposal subject to conditions regarding the road design and that the proposed development enter into a cost share agreement with the HOA for Kintyre Two; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on August 10, 2015, and on a vote of 5-0 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 This application was reviewed as Zoning File #15-3763. Page 1 of 11 4W°Vo�,� CITY C �R+1�TO RESOLUTION OF THE CITY COUNCIL F��_S140�G~ NO, 6 5J 3 6 2. The property is zoned KR -1B Single Family Rural Residential District, which requires a minimum lot area of 2.0 acres and minimum lot width of 200'. 3. The Property is 30.68 acres in total area of which 6.61 acres is wetland and 24.07 acres is non -wetland area. 4. The Property is guided in the 2008-2030 Orono Community Management Plan (CMP) for single family residential use at a density of 1 unit per 2 acres. The proposed layout contains 7 lots on 14.9 non -wetland acres, for an average lot size of 2.13 acres. S. The proposed Lots and Road are characterized as follows: Proposed Lot Areas Wetland (acres) Ponding (acres) Total Dry (acres) Total Wet + Dry + Pond acres Lot Width* (feet) Lot 1 0,00 0.00 2.18 2.18 210+ Lot 2 0.20 0.18 2.00 2.38 200+ Lot 3 0.16 0.14 2.00 2.30 200+ Lot 4 1.30 0.00 2.01 3.31 1'Ti f Lot 5 3.87 0.00 2.71 6.58 63+- Lot 6 0.56 0.00 2.00 2.56 yam+ Lot 7 0.44 0.00 2.00 2.44 265+ Outlot A ndeveloped) 0.08 0.00 7.61 7.69 -- Outlot B Trivate Road 0.00 0.00 0.85 0.85 -- Stubbs Bay Rd R -O -W 0.00 0.00 0.39 0.39 -- TOTALS 6.61 0.32 23.75 30.68 -- *Lot width measured at 50, front setback line. Shading denotes lot width variance required. 6. The portion of the Property to be developed for new single-family lots is somewhat remote from surrounding public roads. The Property slopes downward generally from a high point at the southwest to a large wetland complex to the northeast and east. A smaller wetland to the northwest also impacts development of the site. The portion of the Property encompassed by the wetland to the east is within the Shoreland Overlay District, while the uplands are outside that District. The area being developed is for the most part open field, with areas abutting the wetlands being wooded. Outlot A, which is an 8 -acre portion of the property not proposed for development at this time, is mostly wooded. Page 2 of 11 r yr 0- 40RONO RESOLUTION OF THE CITY COUNCIL NO. 6536 7. The proposed plat includes seven lots for single family home development. All seven lots will be served by individual driveways onto a private road extending northward from Kintyre Lane, which is also a private road. The total number of dwelling units to be served by Kintyre Lane upon completion of the extension is thirteen. The City's standard for minimum paved width for a road serving more than 7 units is 28' via a rural section (shoulders and ditches) except where curbing is necessary to manage stormwater. The proposed paved street width for the extension is 30' measured from back of curb to back of curb, using surmountable swale curbing. Use of a rural section will be considered for those sections of the road where shoulders and ditches would be feasible. The proposed 50' outlot corridor and proposed 100' diameter cul-de-sac (80' paved) meet City standards. 8. The City's standard maximum length of a cul-de-sac road is 1000 feet and limited to 10 dwelling units. The proposed road extension of approximately 700 feet past the current terminus of Kintyre Lane results in a final combined road length of approximately 1550 feet, serving a total of 13 dwellings. The City Council upon review of the proposed development finds that a variance to the road length is acceptable based on similar private road lengths occurring in the City and based on the Fire Chief expectation that all new homes in the development will meet the threshold size to be required to install fire suppression sprinkler systems. 9. The City Council finds that there is no need to establish a corridor for possible future development of a "through road" connecting Kintyre Lane to Stubbs Bay Road, but notes that could be feasible if Outlot A is further developed in the future. 10. The proposed road design extends from the existing cul-de-sac located within the plat of Kintyre Two. That existing cul-de-sac is not proposed to be removed at this time; and it will be up to the residents of Kintyre Two to propose any modifications to remove or revise the existing cul-de-sac, subject to City approval. An easement allowing the extension of the proposed road over Outlot D of Kintyre Two has been granted by its owner and filed with Hennepin County. 11. The private road will be subject to homeowner association ownership and maintenance, and subject to an underlying Road, Drainage and Utility Easement to be granted 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. Page 3 of 11 RESOLUTION OF THE CITY COUNCIL NO. 6536 12. Because existing Kintyre Lane is a private road which will soon become completely under control of a homeowners association rather than guided by the developer of Kintyre Two, an agreement between the Developer and the owners of Kintyre Lane will be required to establish maintenance responsibilities for the extension of Kintyre Lane. 13. Each proposed lot contains at least 2.0 acres of dry buildable land and has a proposed building site meeting the RR -1B setback standards (50' front and rear, 30' sides). Lots 1, 2, 3, and 7 meet the 200 -foot width requirement; Lots 4, 5, and 6 abut the proposed cul-de-sac and are respectively 170 feet, 63 feet, and 100 feet in width at the 50 -foot front setback line, but widen to 200 -feet or more at the suggested house locations, meeting side setback requirements. This does not impact the buildability of these three lots, but does have an impact on potential house locations. 14. The Developer has proposed a grading plan that includes the creation of a new road and stormwater management facilities as well as proposed future grading to establish individual pads creating "new existing grades" for house placement on all 7 lots. The proposed pad grading shall occur at the time individual building permits are issued. 15. The preliminary plat indicates minimal stormwater management facilities will be required, and the proposed stormwater management system has been preliminarily approved by the City Engineer. All stormwater management shall be subject to MCWD requirements and approvals. The property will be subject to the Stormwater and Drainage Trunk Fee for 6 new 2 -acre lots at $7,680 per lot. Total fee will be $46,080. 16. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP) has no current plans for parks that specifically require dedication of park land from this property. No land for a public park is required, in part due to the remoteness of the developing area from public roads. 17. The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. Payment of the standard Park Dedication fee for 5 new building lots would be appropriate, as the site contains two existing homes on two separate tax parcels. Based on the combined estimated land -only market Page 4 of 11 °mooC ITORONO T AY �.�� RESOLUTION OF THE CITY COUNCIL G NO. 6536 value of the land being developed at $1,163,000 or $166,000 per lot, the value of each newly created lot will be in excess of the threshold value of $69,375.00; therefore, the park fee maximum of $5,550 per lot will be triggered, for a total Park fee based on 5 new building lots of $27,750. 18. The developer has submitted a Conservation Design Report and Master Plan prepared by Svoboda Ecological Resources dated June 27, 2015 that inventories and describes in detail the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. In general, the development will maintain the rural character consistent with the surrounding neighborhood, Wetlands and drainage patterns will be maintained, and long views into the site will not be significantly disrupted. Applicant has arranged the site to preserve three of the four noted significant tree stands; the fourth, comprised of introduced conifers near the south end of the site around the existing residence, will be impacted by road construction. A vegetation management plan spells out a variety of actions to be taken with regard to wetland buffer areas, buckthorn, and reed canary grass. The suggested Master Plan management guidelines will be incorporated into the development agreement and covenants to assure adherence. 19. 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. While in some lots the mound systems will encroach a required 75 -foot wetland buffer, all mound systems will maintain the required 50 -foot setback from delineated wetland boundaries, with the apparent exception of Lot 7 for which an alternate site must be provided that meets the 50' setback. Special precautions, including but not limited to protective covenants as well as physical barriers during construction activity, must be taken to protect these sites on both a short-term and long-term basis, as municipal sewers are not projected to be extended to serve this area of Orono. 20. All proposed lots will contain suitable area meeting all established setback and location requirements to allow the construction of single family residences. Page 5 of 11 C ITY OF 0 -111 -ONO RESOLUTION OF THE CITY COUNCIL N O . 6 5 36 G~ \� SHo 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 Christopher W. Bollis, et al for a 7 -lot residential plat to be named KINTYRE PRESERVE per the Preliminary Plat drawing by David B. Pemberton, PLS of Sathre-Bergquist, Inc. dated September 8, 2015 and the following plans: Sheet SP, Preliminary Site PIan last dated 8/6/15; Sheet GP, Preliminary Grading and Erosion Control Plan last dated 8/6/15; Sheet ST, Preliminary Street and Utility Plan last dated 8/6/15; and Sheet LS, Preliminary Landscape Plan last dated 816/15; all the above being attached hereto as Exhibit B, subject to the following conditions: 1. The private road extension of Kintyre Lane shall be platted as Outlot B. Dedication on the plat of 33 feet of right-of-way for Stubbs Bay Road North shall be required. 2. Developer shall be required to implement and adhere to the recommendations contained within the Conservation Design Master Plan, which will be incorporated into the Development Agreement. 3. All areas delineated as wetlands as shown on the preliminary plat drawing shall be subject to the standard Wetland Conservation and Flowage Easement to be granted by the Developer. The Developer is advised that the City -required minimum setbacks from the wetland boundaries and from MCWD-imposed wetland buffers shall be adhered to. 4. The Developer shall establish covenants providing that the homeowners association will be responsible for all future maintenance of the stormwater management facilities. 5. Developer shall execute the standard Covenant for Protection of Drainfield Sites. Special precautions including physical barriers during construction activity, shall be taken to protect these sites on both a short-term and long-term basis. A revised alternate site meeting the 50' wetland setback for Lot 7 shall be required prior to final plat approval. 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 and approvals have been obtained. 7. Vehicular access to the Lots shall be individual driveways onto the new private road extension to be constructed within Outlot B of Kintyre Preserve and within Outlot D of Kintyre Two by the Developer to provide access to Kintyre Lane, with final driveway Page 6 of 11 Y F U1` ONO RESOLUTION OF THE CITY COUNCIL NO. 65 36 locations subject to City Engineer/Public Works Director approval at the time of building permit issuance. The road in Outlot B shall be subject to the standard Road, Drainage and Utility Easements to be granted to the City. The Developer shall establish a homeowners 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 homeowners 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. An access and maintenance agreement between the owners of the portion of Kintyre Lane within the plat of Kintyre Two and the owners of the portion of Kintyre Lane within the plat of Kintyre Preserve shall be required. 8. Materials and equipment for the construction of the extension of Kintyre Lane shall be accessed through Outlot A of Kintyre Preserve to Stubbs Bay Road and shall not use the portion of existing Kintyre Lane for road construction access. 9. The City will grant the required lot width variances for Lots 4, 5, and 6; the road length variance for the extension of Kintyre Lane; and variances to the wetland ordinance to allow septic systems to be located within or partially within MCWD-required wetland buffer areas as long as the systems meet the City's minimum 50' wetland setback. 10. The portion of the proposed grading plan that depicts future grading to create individual building pads shall be considered as establishing "new existing grades" for house placement on all 7 lots. The proposed pad grading shall occur at the time individual building permits are issued. 11. Regarding the existing septic system serving Lot 5 that is partially located within Lot 4, a limited -term temporary easement with specific triggers to require removal of the system shall be established, including the following conditions: A. The easement shall expire, and the system shall be removed, upon any one of the following occurrences: a. At such time that Lots 4 and 5 become separately owned; b. At such time that a permit for home construction is issued for Lot 4; c. At such time that a permit for demolition or new home construction is issued for Lot 5; Page 7 of 11 RESOLUTION OF THE CITY COUNCIL NO. 65 36 d. At such time that a permit for expansion of the existing home on Lot 5 is issued; e. At such time that the existing system is found to be non-compliant and ordered to be replaced; B. In the event that one of the above circumstances exists and the system has not been removed, no permits for either property shall be issued until the system is removed. 12. Development Fees: A. Park Dedication Fee. The development is subject to the standard Park Dedication Fee of 5 lots x $5,550 per lot = $27,750. B. Storm Water and Drainage Trunk Fee. The development is subject to the standard Storm Water and Drainage Trunk Fee of $7,680 per lot x 6 lots = $46,080. 13. City Engineer Recommendations and Approval. Applicant shall adhere to the general recommendations of the City Engineer in his comment letter dated 7/16/15 as well as ongoing recommendations. Final plat approval shall be granted only upon confirmation by the City Engineer that all engineering concerns have been satisfactorily addressed. 14. Plans and Specifications. 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 potential conforming well locations. b) Final grading, drainage and erosion control plan and SWPPP 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 N innehaha Creek Watershed District has approved the stormwater management plans. C) Engineering details and design for any proposed retaining walls. d) Road construction plans including proposed plan and profile views, typical street section, geotechnical report, R -value recommendation and pavement design. e) Sufficient detail to meet the recommendations of the City Engineer. 15. Other Easements. a) Drainage and Utility Easements shall be dedicated to the public in each of the 7 Page 8 of 11 �Jomoo CITY Thr OF ORONO RESOLUTION OF THE CITY COUNCIL 6536 NO. building lots 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 drainage where required, subject to City Engineer approval. b) A Flowage and Conservation Easement and Restrictive Covenant for Wetlands shall be granted to the City of Orono over all delineated wetlands on the Property. C) A Road, Drainage and Utility Easement shall be granted to the City of Orono over the private road in Outlot B. d) A "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" with regards to Outlot B shall be executed either as a separate document or incorporated into the development covenants. 16. 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 and S WPPP. 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 satisfactory 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 Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey and drawings attached hereto as Exhibit B, except as modified herein. Page 9 of 11 moo C r��,� Of ORONO `¢ r" RESOLUTION OF THE CITY COUNCIL �~ NO. �kESH0)�� 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. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of 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 Road, Drainage and Utility Easement and Declaration of Private Covenants, Conditions, Restrictions and Private Roadway Easement for maintenance of same over private road Outlot B. D. Evidence that an access and maintenance agreement between the Kintyre Two and Kintyre Preserve homeowners associations has been executed and ii in effect. E. Signed Flowage and Conservation Easement and Restrictive Covenant for Wetlands. F. Signed and executed Covenants for Protection of Drainfield Sites. G. Signed Developer's Agreement. H. Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. 3. Plat approval fees to be paid: Total due: $74,530.00. A. Final plat fee = $700.00 B. Park Dedication Fee: $27,750.00 C. Stormwater and Drainage Trunk Fee: $46,080.00 Page 10 of 11 .-, gy-Nr F ORONO �Y Y IV RESOLUTION OF THE CITY COUNCIL NO. 6536 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of September, 2015. ATTEST: biwe Tiegs, City lerk — `' 0' ' d J k&,4, 1.ili Tod McMillan, Mayor Page 11 of 11 RESOLUTION OF THE CITY COUNCIL NO. 6536. EXHIBIT A RESOLUTION NO. 65 36 DESCRIPTION OF PROPERTY Parcel 1: Lot 2, Block 1, Tamarack Hill, according to the recorded plat thereof, Hennepin County, Minnesota. and Parcel 2: Part of the West 1/2 of the Southeast 1 /4 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 118, Range 23; thence East 13 1/3 rods; thence North 12 rods; thence West 13 113 rods; thence North 30 rods; thence east 80 rods to the east line of said Northwest 114 of the said Southeast 1/4; thence South 42 rods; thence West to a point 14 1/3 rods east of point of beginning, thence South 1 rod; thence West 14 1/3 rods; thence north I rod to point of beginning. OA O RESOLUTION OF THE CITY COUNCIL NO. 6536 EXHIBIT B RESOLUTION NO. 6 5 3 6 Attached Sheets: Preliminary Plat Drawing - Sheet SP, Preliminary Site Plan last dated 816115; - Sheet GP, Preliminary Grading and Erosion Control Plan last dated 816/15; - Sheet ST, Preliminary Street and Utility Plan last dated 816/15; and - Sheet LS, Preliminary Landscape Plan last dated 816115; - - rSrUBBS_ , Y, R Ail n� O I �' �� ..P• _1 it a La z m � a� et.m j� � alae I I Irl r --lie s � I a I I ! 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P �- f �S - \ �1 'S' � '! �I, I '� 1 5 , 5'5551 •/j // / / I r �r , // � • I 1�Y Ml'LLL,• $e° r 8r hra9!<•a,MLM. / � - ''�` - ` �--�° rs `,7 � f ; I I I ? r ' '- � I CD 1 T-7 / Z Cy a � eaPPfpN�l� a N _ i rL N Qpy�1 yg7rplJ` 1 i s i a IP ------ Li----}---� r 9 R ILL plimllull If � � �•�L KAI A } go IS r ' rn� y ' 0 i5 y V G�'3 L� ii p g 3 8 gyg r ---Till b I I �s� � o . � � � a � � � gill •'� � ;�;I �� rnauecr rulxs x,o w �w-Po 0 M 4 aim F11D.ECTNpME AMI]MUM6ER �e — Pulte-Ll9'48 1r 17 •J 7 � \ r L�cf� M 4 aim F11D.ECTNpME AMI]MUM6ER -------------- STUBS BAY RW I I I I I I I I I ------------------------------------ 0 r 1ep , J� r ° fit cn I rr rli1rV~•� a -7 \ Jim '114 � F. 20 Z O I i I rr 'Il. rr Ir 00 1- a i I 1 ir;Ir Irl• �' t �-��~^� \\ \\\\\ kl\\`\ \\\� F i � �^ � � + � RI I r I 7C 3 Z � ! n � i w m m O m v Mw e � m gs D N PXOJECTNNIE Arm NurBER REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 17 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"j� Planning Title Community Development Director Item Description: Level II Home Occupation License: 4415 Forest Lake Landing Application Summary The property owners wish to use their property for indoor piano concerts for 15 events per year for up to 40 people per event. Patrons are shuttled to the event using a commercial shuttle, "product" is delivered "on site", and the events goes later than 7:00 pm, triggering a Level II home occupation. Background Home Occupations are permitted in residential districts, but they must meet the 16 regulations outlined in city ordinance section 78-1376 (d), attached as Exhibit B. If a home occupation does not meet those requirements, and is not listed as a prohibited home occupation, the business is eligible to receive a Level II home occupation licenses, granted by the City Council after a public hearing. Level II licenses are annual licenses, expiring at the end of September each year, Proposal The applicants propose 15 piano recitals in their home. The 15 events will occur during Friday, Saturday, and Sunday evenings in June and August, 2017 (June 2, 3, 4, 9, 10, 11 and August 4, 5, 6, 11, 12, 13, 18, 19, 20.) These events occur from 7-9:30 pm. Similar events were held the summer of 2016. The property owner's received a special event permit, then discovered that a special event permit was not necessary because it did not meet the definition of a special event. The applicants sell tickets to the event, with a maximum capacity of 40 patrons. Patrons are shuttled to the site, to manage traffic and parking congestion on Forest Lake Landing. The shuttle leaves at 9:45 p.m. During an event late this summer, based on a complaint, the police department observed the activity. They noted the presence of a shuttle type bus, and that no noise was audible at the street. They were unable to determine how many people attended the event. The proposed use does not comply with all 16 regulations, requiring the Level II home occupation license: (8) The use of the commercial vehicle (shuttle bus). The shuttle bus helps manage the traffic and parking needs, minimizing impact to the neighborhood. During the event, the shuttle bus is parking on the applicant's property, with patrons parking at a nearby church with the church's approval. (10) Delivery of product. Strictly speaking, the product being delivered is the recital, this will occur on-site. (12) Hours of operation occur after 7:00 pm. The recitals extend beyond 7:00 pm, ending at 9:30 pm. Public Comment The residents of 6 properties in the area have submitted a petition requesting the Council not approve the request for the home occupation. Their petition is attached (Exhibit C), as is a map showing the area in question (Exhibit D). No comments in support of the application have been received. Planning Staff Recommendation If a plan was to be created to minimize impact to a neighborhood, it would contain many of the components of this plan, including number of events, date and time of events, traffic control, and maximum patron load. Staff supports the home occupation license as requested. Action Requested: If the Council is comfortable with the mitigation measures proposed, they should approve by motion the Level II license for Lorie and Tim Line, 4415 Forest Lake Landing, to expire September, 2017. List of Exhibits: Exhibit A. Application Exhibit B. Section 78-1376 Exhibit C. Petition against the license Exhibit D. Area Map Council Exhibit A FOR CITY USE ONLY �I Home Occupation Reviewed By: AI 44 ' Recommends: Approval. Denial APPLICATION FOR ANNUAL LEVEL 2 HOME OCCUPATION LICEN(�SEE``� --] j NAME: I I rK Off L 0 IrI� k -I , PHONE: hof — _4 r 4 - 1 ADDRESS: 1 ! 1ig Fore -54 BUSINESS NAME: WEBSITE: St r et 5P1'e INESS PHONE: Application Review Process City jMV% .� SIT ; The City Council will hold a public hearing for each Home Occupation required to be licensed. The owners of all parcels within 350' of the property will be notified 10 days prior to the public hearing. if granted, licenses for Level 2 Home Occupations are good for one year only and expire on September 30 of each year. Renewal applications will be sent to each licensee prior to license expiration. A License may be revoked if any violation occurs. Required Submittals (application is not complete unless all information has been included): 1. Completed and signed application form (This sheet). 2. Completed and signed Home Occupation Questionnaire (Pages 6-7). �- 3. List of all Employees (Page 7) ►" 4. Site plan of property indicating all areas used in home occupation. ---r- 5. A list of all property owners of all parcels within 350' of the propert els. (You must obtain this list and labels from Hennepin County Dep ent of Finance, Go nment CenterA-603, 300 South Gtr. Street, Minneapolis, teleph e: 612-348-5910.) z6 Additional items as may be requested by staff. 7. License Fee: Check One: Initial Fee: $100.00 Annual Renewal Fee: $30.00 APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the City, agrees to pay additional fees and or consultant expenses incurred in review of this application, and certifies that the information supplied is true corre t to the best of your knowledge. Applicant's Signature Date I� Return this cover sheet and all required attachments to: City of Orono, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone 952-249-4600 Fax 952-249-4616 REC:EIVEQage 1 of 7 AUG 15 7016 CITY OF ORONO HOME OCCUPATION QUESTIONNAIRE (Attach a separate page if additional space is needed) 2. How many non-resident emplloyeeAvould work on-site? How many nonresident employees would work off-site? How often would off-site employees visit your home? aay�r�o�Fo��y 3. What percentage of your home's f or area, including the basement, would you use in conducting the home occupation? 4. Where on the premises would the home occupation be conducted? Is any use of an accessory building proposed? _ 5. Describe any changes in the outside appearance of the building or property, other than one sign of not more than 2 square feet per surface,_.np more than two such surfaces: 6. What percentage of gross sales would come fr the sale o pr duc (s) roduced off-site? A ;+�4 6 7. How many customer or employee vehicles would be parked on the premises at anyone time? 9 Describe the type, payload capacity and number of each type of vehicle to be used in the home !�r,e em,�w+ �;ij'eais�ayke�'o-f�siie 1Vo -I�a{fi� to 1ne�,-eet, ne C.us pavket o-,� -Ine hteeei �a� -� maKe -two -6�(� s in ara au+ i�-fve k No Aiyhuban� -h the vie, P., 6 of 7 9. What would be the average number of customers expected to visit the premises �asM-waelE? The average number of employees/subcontractor visits to the prem�es �? What time of day and which days of the week would you expect these visits to occur? 2 uIN 10. Describe any delivery vehicles that will make deliveries or ship products from the property. Include the type, amount, hours and frequency of deliveries: Al.,e, 11. Describe the type of equipment, including ventilation systems that would be used. Describe how you would keep the use of this equipment unnoticeable to your neighbors: 12. Describe the amount and type of any chemicals, gasoline, hazardous substances or similar material that would be used. Also, describe where these materials will be stored: h DhI!!-- 13. Describe how you would dispose of any hazardous materials: Appplicaff'sgnature Date List nameslapdreis?s of employees of the home occupation other than the applicant: Page 7 of 7 ,."Et - e 9CSSS NwW-1 OKI 3A M lIM lLLNpi Sri AS••L B®NNY'Id QNY'I Q'd0286Y11B QN4'11�YYNN1� lWD oNI 'Salvlo055V V MRIN02I9 1o3road '�,', L 'al' w"�,m�7 ""°""•� ••• S"'r°°"PI SNOISN3tl.m z -8 E4 x z 2 o NP x O W W It a $g R mS W> o Jif r c�g=�------� —� H� 1 O j ' co ! �% Lq 9'.a��04�9h`L 'IJ l x s W J Nl via it tl d him -H Wh i ; 1 a Ln r / \ Fd U o: E- a O C= RECEIVED► AUG 15 2016 CITY OF ORONO T AH3AV-09-009-L ; , .dn-dod plogau a� halWa luaws a9W ; sons ®Jl my i!jege6 al zesimn ww-AnAe-Nkmm ap UIP arn4se4 el @ za>>day p' S + salad a selpe} sauanbli j 38 07-117-23 13 0083 38 07-117-23 24 0027 38 07-117-23 31 0036 CITY OF ORONO PAUL GRAVES & LAURA GRAVES BRADLEY 3 CLOSE P O BOX 66 8634 VALLEY VIEW CT 1214 WILDHURST TR CRYSTAL BAY MN 55323 CHANHASSEN MN 55317 MOUND MN 55364 38 07-117-23 13 0211 38 07-117-23 24 0037 38 07-117-23 310037 CITY OF ORONO SANFORD &. MARGARET ERIKSON BRIAN ROATH PO BOX 66 4455 FOREST LAKE LANDING LISA ROATH CRYSTAL BAY MN 55323 MOUND MN 55364 1200 WILDHURST TR MINNEAPOLIS MN 55401 MOUND MN 55364 38 07-117-23 13 0214 38 07-117-23 24 0038 CITY OF ORONO JON D BLACKSTONE P O BOX 66 4465 FOREST LAKE LANDING CRYSTAL BAY MN 55323 MOUND MN 55364 38 07-117-23 13 0216 38 07-117-23 24 0040 RITA JANE ZEBECK STEVEN E PRAWER 4658 CARLTON DUNES DR #14 8313 W FRANKLIN AMELIA ISLAND FL 32034 ST LOUIS PARK MN 55426 38 07-117-23 13 0217 38 07-117-23 24 0041 PETER 3 RYSKAMP HARTLEY & LINDA ZUCKMAN LISA M V RYSKAMP 1090 WILDHURST TR 1000 WILDHURST TR MOUND MN 55364 MOUND MN 55364 100 3RD AVE S #1705 38 07-117-23 24 0005 38 07-117-23 24 0042 TIMOTHY LINE & LORIE LINE LOREN F SCHOENZEIT 4445 FOREST LAKE LANDING 4480 FOREST LAKE LANDING MOUND MN 55364 MOUND MN 55364 38 07-117-23 24 0007 38 07-117-23 24 0044 BRIAN D & SANDRA 3 RASMUSSEN MICHAEL S WEAR 1186 WILDHURST TR 1134 WILDHURST TR MOUND MN 55364 MOUND MN 55364 38 07-117-23240015 38 07-117-23 24 0047 THOMAS D BARTA TIMOTHY & LORIE LINE JANICE BARTA 4415 FOREST LAKE LANDING 100 3RD AVE S #1705 MOUND MN 55364 MINNEAPOLIS MN 55401 38 07-117-23 24 0016 38 07-117-23 24 0050 ROBERT L & VELMA A WOLFF GEORGE R & THERESA A BLOOM 4450 FOREST LAKE LANDING 4475 FOREST LAKE LANDING MOUND MN 55364 MOUND MN 55364 RECEIVED AUG 5 2016 38 07-117-23 24 0017 38 07-117-23 310015 MICHELE L GILMER TRAVIS DEJONG 4440 FOREST LAKE LANDING JULIE DEJONG CITY OF ORONO MOUND MN 55364 1270 WILDHURST TR MOUND MN 55364 TwLa6P3 do-dod esodxa waded peal ®0965 a}eldwaj ®Iljand ash I wi096S � jj►� c%Gull 6uole puag ! slage�l ®food Ann Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 8191201 7.117-23-2 i J 07-117J23-21 07-417-23-24 07-1 1? -23-24 r , 07-117-2 -31 i 8r 07-117-23-31 r'. Buffer Size: 350 feet Map Comments: TIMOTHY & LORIE LINE 4415 Forest Lake Landing Orono, MN 55364 07-117-23-12 7-117.23- 3 R 4 7 117-23-13 07-117-23-42 i0J 07-117-23-42 A 0 120 240 480 ft 1 1 1 1 1 1 1 1 1 RECEIVED For more information oontact: Hennepin County GIS Office AUG300 U 9 1 5 Za16 6th Street South Minneapolis, MN 55487 gis.info@hennepin,us a y OF ORONO 9/7/2016 Orono, MN Code or Ordinances Council Sec. 78-1376. -Home occupations. Exhibit B 4 jt2/16 (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: (1) Level 9 home occupations: Home occupations that comply with all standards of subsection (d) of this section and which have no potential neighborhood impacts. Level 1 home occupations may be operated without a license or permit. (2) Leve12 home occupations: Home occupations that comply with all standards of subsection (d) of this section but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of subsection (d) of this section and which are not prohibited home occupations under subsection (e) of this section. Level 2 home occupations are required to be licensed under the provisions of section 26-76. Level 2 home occupations may include but are not strictly limited to: a. Those with employed persons other than occupants of the dwelling. b. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. c. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. d. Those which do not meet one or more of the specified performance standards. e. Those which generate excessive traffic under the standards of subsection (d)(13) of this section. In cases where it is unclear whether a home occupation should be classified as level 1 or level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. (b) Conformance required. All existing home occupations shall be brought into conformity with this section within one year of the adoption of the ordinance from which this section is derived. (c) License required for level 2 home occupations. An annual license shall be obtained by any person operating a level 2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code. (d) Home occupation regulations. The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the following standards: (1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. (2) https:#www.municode.comAibrary/mrdoroncVcodes/code_of ordinances?nodeld=TITVILAUS CH78ZORE_ARTXSURERE 114 917/2016 Orono, MN Code of Ordinaries Employed persons. No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupation. (3) Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. (4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited. (5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR -1A and RR -1 B, one -family rural residential districts, home occupations or storage associated with the home occupation may be conducted within accessory structures subject to the following conditions: a. No home occupation conducted wholly or in part in an accessory structure shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property. b. The home occupation shall conform with all other applicable zoning requirements. c. The property must be conforming in area, and the accessory structure must be conforming in location. (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. (7) Parking. All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off-street parking areas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. (8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. (9) No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. https:/lwww.munioode.comA!brary/mntorono/codesleode of ordinances?riodeld=TITVILAUS CH78ZORE_ARTXSURERE 214 9/7/2016 Orono, M N Code of ordinances (10) No retail sales and delivery of products or merchandise to the public shall occur on the premises except when accessory to the services provided. (11) No home occupation activity of a non-residential character shall be discernible from any private or public street. There shall be no exterior signage or display, or interior signs or display which are visible from outside the dwelling, except that a single nameplate sign of not more than two square feet in area per surface, nor more than two surfaces, may be placed on the property. Such sign, if displayed, shall include only the name of property owner and the site address, and shall not identify the type of business. (12) The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m. (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. b. Type of street, width, and traffic volumes. c. The availability and location of off-street parking. (14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. (15) No sound or noise created by the operation of the home occupation shall be audible at the property lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall otherwise comply with all noise provisions of this chapter. (16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be held more than six times per year. This section shall not be construed as requiring a license or permit for occasional garage sales or tag sales. (e) Prohibited home occupations. The following uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: (1) Service, repair, or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. (2) Hair styling establishments that serve more than one person at a time. (3) h":I/www.municode.corn/library/mnlorono/codes/code_of ordinances?nodeld=TITVILAUS CH78ZORE ARTXSURERE 314 917/2016 Orono, MN Code of Ordinances Adult uses, as defined in this Code. Adult uses are prohibited as a home occupation for the reasons set forth in Ordinance No. 193, Second Series (section 78-1377 of this Code), adopted by the city council on November 8, 1999, based on the effects and impacts of sexually oriented businesses as set forth in the state attorney general's Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses, dated June 6, 1989, and in the Task Force Report on Sexually Oriented Businesses, authored by the Cities of Minnetonka, St. Louis Park and Shakopee, which considered relevant studies from six cities. (4) Dispatch centers where persons come to a site and are dispatched to other locations. (5) Medical or dental clinic. (6) Rental businesses. (7) Contracting, excavating, welding or machine shops. (8) Commercial kennels and veterinary clinics. (9) Tow truck services. (10) Ceramic studios with kilns of volume six cubic feet or more. (11) The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, except when such dealer is federally licensed to conduct such activity. (12) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. (f) Reasonable accommodation for disabled persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant's physical limitations to function within such requirements. (Ord. No. 221 2nd series, § 4, 9-23-2002) Cross reference— Home occupations, § 26-76 et seq. httpsllwww.municode.com/library/mrdoronolcodes/code_of ordinances?nodeld=TITVlLAUS_CH78ZORE_ARTXSURERE 414 Council Exhibit C August 20, 2016 City of Orono SEP - e 2016 2750 Kelley Parkway ORONO Crystal Bay, MN 55323 CITY OF RE: Level II Home Occupation License requested by 4415 Forest Lake Landing. To the City of Orono, This petition asks the Orono City Council to decline the request for the Level II Home Occupation License of the applicants at 4415 Forest Lake Landing. The proposed commercial use of their residential home as a concert hall for any number of dates per year is completely out of character and inconsistent with the zoning and use of our quiet residential neighborhood.114 l �---- f 3 t�r- rt-ud Lea 4 7 k -A O- VC- f c',r L( yc i 1Avl� 9 10 1110 W'ifI6kSI TVt 11 35 -rm kl 12-A-4M rt&7 0 MAI 5-53 13 14 15 17 18 19 20 21 22 23 24 25 25 City of Orono June 13, 2018 2750 Kelley Parkway Orono, MN 55356 To the City of Orono, This letter is to discuss a neighbor problem on Forest take Landing. The residents received verbal notice from a neighbor at 4415 Forest Lake Landing that they received Commercial zoning approval and then sent the neighbors a note in their mailboxes "re: Notification of Special Event". These "Special Events' were to take place on the "first and Second weekends in June. Did the city also issue a liquor license to allow them to sell alcoholic beverages? When did the city issue the"Special Event" permits and commercial zoning changes? We saw no agenda items on the city council meeting agendas over the past year. Further, no public notices were sent so that neighbors could attend the public hearing. Initially this did not present a problem. It was a vague letter and everyone assumed that the neighbor at 4415 was hosting a couple parties with their friends at her residence and that would be the end of it. Unfortunately, it appears that they have turned their house in to a commercial concert hall. This past Saturday night, people were walking down Forest Lake Landing holding "tickets" that they had paid $150.00 each. That is when we became concerned, The individuals mentioned that these concerts were posted on the commercial company website http under the "Living Room Series". There are 20 concerts scheduled to be held at 4415 Forest Lake Landing throughout the year for $150 per person. We live in a quiet residential lakeshore neighborhood, not a commercially zoned business district. when has the City of Orono allowed a resident to tum their house into a commercial concert venue, such as paid (for profit) concerts out of a resident? Forest Lake Landing is a very narrow street of of a dead end. There is no tum around at the end of Forest Lake Landing in front of 4415 Forest Lake Landing. Equally horrific is the new driveway/entrance to this residence that the City of Orono approved. The city allowed them eliminate the public tum -around and off street parking spaces. One block away on Wlldhurst Trail the city required a cul-d"ac for the same number of houses. With these concerts the street becomes a huge safety and traffic concern for the nest of the residents and their guests who need to park on Forest Lake Landing and Wldhurst Trail! Their valet parkers have no respect for the speed limit or travel direction for cars. They frequently backup at high speed down the center of the street and dodging other cars. We even watched a woman walking her dog, pick the dog up and jump out of the way of the valet driver. Now that there are less parking spots available on our street it becomes a nightmare far public services to go up and down, especially during winter months when the street becomes even more narrow and icy! Thus, these commercial concerts are in conflict with a nice quiet street that can not handle the traffic! Included with this letter are Copies of the sheets a concert goers mentioned and pages from their website, along with a copy of the letter the residents at 4415 Forest Lake Landing sent to the neighbors. It is very important the City of Orono STOP these commercial (for profit) concerts and bring our neighborhood back to a peaceful enjoyable residential atmosphere for ALL residents! There should be the same rules for everyone who enjoys living in the City of Oronol Sincerely, Residents of Forest Lake Landing and Wildhurst Trail We wish to stay anonymous for the safety of our children and property. The residents at 4415 Forest Lake Landing have a history of trespassing and harassment. May 26, 2016 To the neighbors on Forest Lake Landing From Tim and Lorie Line 4415 Forest Lake Landing Re: Notification of Special Event The is to inform you that we have a Special Event Permit and are hosting private solo piano concerts the first and second weekends in June, from 7:00 -10:00 pm. This is a private event and we are expecting about 20 cars, which we will park on the west side of WiIdhurst Trail. We have hired valet parking and have instructed them to not turn around in anyone's driveway or park on anyone's property, and to be as courteous as possible. If you have any concerns, please feel free to call us at 952.474.1000. Thank you, s CELEBRATING 26 YEARS OF TOURING` Cj Shaw All I JUN 10 7:30 PM JUN 11 7:30 PM JUN 2 7:30 PM View Shopping Cart " Contact Us 14 4xzd.L* About Lorie Shop Lorie On Tour News Media at . dune. 51, Orono, Mei THE 2016 LIVING ROOM SERIES Orono, PIN THE 2016 LIVING ROOM SERIES Orono, MN THE 2016 LIVING ROOM SERIES AUG Orono, MN 05 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, MN 06 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, MN 07 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, MN 12 THE 2016 LIVING ROOM SERIES 7:30 PM ` AUG Orono, MN 13 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, MSI 14 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, MN 19 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, M N 20 THE 2016 LIVING ROOM SERIES 7:30 PM AUG Orono, MN 21 THE 2016 LIVING ROOM SERI[: 7:30 PM NOV Orono, MN 17 THE 2016 CHRISTMAS LIVING ROOM SERIES 7:30 PM NOV Orono, MN 18 THE 2016 CHRISTMAS LIVING ROOM SERIES 7:30 PM NOV 19 Orono, MN 7:30 PM THE 2016 CHRISTMAS LIVING ROOM SERIES NOV Orono, M 20 THE 2016 CHRISTMAS LIVING ROOM SERIES 7:30 PM NOV Orono, MN 21 THE 2016 CHRISTMAS LIVING ROOM SERIES 7:30 PM NOV Orono, MN 22 THE 2016 CHRISTMAS LIVING ROOM SERIES 7:30 PM Orono, M THE 2016 CHRISTMAS LIVING ROOM SERIES About the Tour Because The Living Room Series has i been so popular, for the first time ever ` f we are performing the holiday show up close and personal 1. In our living room. Come and, experience a live rehearsal before we take the show on j the road. !! .46 General tickets will be sold on Monday, May 2nd at 9:00 AM. You can order on line or call us at = =_ " . Tickets will be sola on a first-come, first-served basis_ FOR TICKETS SHOW DATES Thursday, Friday, Saturday, Sunday November 17,18,19, 20 Monday, Tuesday, Wednesday November 21, 22, 23 NOV TICKET PRICE $150 This festive evening will Include complimentary valet parking, beverages, dessert and coffee and a personally signed CD of the 23 music performed that evening. 7:3D PM AGE RESTRICTION This is an adult event. The age restriction Is 10 and Grp and the performance will not include The Twelve Drys Of Christmas. No infants or toddlers please. SUGGESTED PLACE FOR DINNER (make a 5:30 PM reservation) Lord Fletcher's On The Lake (2 miles, or 5 minutes from the Line residence) 3746 Sunset Drive, Spring Lake Park, MN 55384 For reservations:BEST WALLEYE IN MINNESOTAI RECOMMENDED HOTEL (10 miles from the Line residence) The Sheraton Minnetonka 12201 Ridgedale Drive Minnetonka, MN 55305 (ask for Lorie Line Special Group Rate) RECOMMENDED CHURCH (if you are from out-of-town on a Sunday) River Valley Church, Minnetrista (9:30 and 11:00 AM services) 5595 Westwood Avenue i 4 , ■ rt.Via- 1. • 9. '�. .� A I- * •�, .• yS� „ 'C . ' �i • - • _ ,\�' , t ty �` , 1 .. 1 ,'. '1 1 " , �y , ■ "14 ' , * .! .� _mss----�- Z. • n .'it .'4. ,ly .< \ �' • Council , • J • c , p•. n At.� Exhibit ' •� � �'�. + '�flf � +{ 'fir 3 y .+, • 4 ^1 1 � 1.r 4 � y S ^ , � � r * � 1) � i . +."^ '�'�• at '?I l� � � i '� � , �'k'� � `. -\ .�Ii� i'2 . , -5 ', y . . 1.- ~ t � - �� � ' 1 A41 On f Y f � 1 , n a y T 1 1 . .. _ ., , � .. • . .'. _ k Cyt, '{y'� Z 7 ' j Mw e r tom♦ �/ . . tit. YRt,,, 1 • i - r ,�` yy 6. JI 1k,bona t, VF ry•..) } za UJ 1 �(���,,J[ ■ '4 r I . • >,w i', , ' _ �, -' ' Subject Property: Y + 4 100\�,,•.--y j Level II Home Occupation , V , „ , � 'i a w ,rk ' h - h , • 1, h .. t +� L r I to 1A [✓ 'f f `C9� : ^ � - J i.k � x.51: y • i O . .. . "il l _ 1 Q� '� l its ' 1 � }• � J!' �.k ; ; ¢ •., 'Y +ISG, w; Y• ' � `d } 4 • r r ' . , � 1. st,. � 1(1'44j*/7j•�:-/l�, ` �' • , }1 f •. f i IA R. s REQUEST FOR COUNCIL ACTION DATE: 12 September 2016 ITEM NO: 18 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"-4 Planning Department Report Title Community Development Director Item Description: Nuisance Building Abatement 325 Crestview Avenue Purpose. Staff seeks Council adoption of a resolution identifying the structure at 325 Crestview Avenue as a nuisance in violation of 70-4. (Public Nuisance, Maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public). Specifically, one of the garage openings is not secured with either a garage door or plywood, allowing people, animals, and birds access to the unfinished structure. With Council's designation, the city will hire contractors to board the garage door opening; the costs to be billed to the property owner. Background. The subject building has been under construction for many years. Grass, weeds, debris and a rock pile were managed in 2015, but notices regarding the opening in the garage door have not been responded to. The city has been unsuccessful in compelling the property owner to complete the project. Though not finished, the building has not deteriorated to the point where it can be considered hazardous and removed. Staff has repeatedly sent letters to the property owner of record, Wendy Sullivan; these letters have been returned, unopened. Most recently, on August 19, 2016 staff sent letters (via regular and certified mail) to the property owner advising her that the property was a public nuisance, and subject to abatement. A copy of the letter and the abatement process, including the appeal process, is attached. List of Exhibits Exhibit A Draft Resolution Exhibit B Letter dated August 19, 2016 Exhibit C Pictures COUNCIL ACTION REQUESTED: Council is asked approve the resolution, identifying the structure as a nuisance, and direct staff with abatement. CITY OF ORONO RESOLUTION NO. A RESOLUTION ORDERING REPAIR OR REMOVAL OF NUISANCE CONDITIONS WHEREAS, the Building Official for the City of Orono has attempted without success to have the owner of certain property remedy the nuisance and hazardous condition of the uninhabited house situated on property at 325 Crestview Avenue, Orono, Minnesota located in the County of Hennepin ("Subject Property"); and WHEREAS, the City Council has determined that the building on the Subject Property constitutes a nuisnaces per Orono City Code Section 70-4, and is subject to abatement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: The City has fully considered all evidence relating to the code violations at the Subject Property. Said evidence includes (i) a letter dated August 19, 2016 from the City of Orono's Building Official to the property owner stating the numerous hazardous conditions and City Code violations requiring immediate attention; and (ii) additional photographs taken 9/6/2016. 2. After fully considering all of the reports, photographs, documents, and other evidence pertaining to the code violations at the Subject Property, the City of Orono finds: a. Wendy Sullivan is the owner of the Subject Property. The Subject Property is unsecured from trespass because the garage door is open and has been since at least July 15, 2015. C. The City of Orono has notified the owner of the code violations on numerous occasions and most recently on August 19, 2016. d. The Subject Property, which is located in Hennepin County, is vacant and deemed a nuisance within the meaning of Orono Ordinances 70-4. City Staff is directed to abate the nuisance by covering the garage door opening with plywood or similar sturdy covering. ADOPTED this day of '120 , by the City Council of the City of Orono, Minnesota. ATTEST: City Clerk 1845641 CITY OF ORONO Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The undersigned, being the duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Orono City Council on , 20 , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of , 20 City Clerk 184564v1 2 August 19, 2016 Wendy Sullivan 325 Crestview Avenue Orono MN, 55356 CITY OF ORONO Street Address: I Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 I Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.d.orono.mn.us Re: City Code Violations at 325 Crestview Avenue Dear Wendy The City of Orono has not seen any mitigation of the City Code violations noted in the letter dated July 29, 2016. This property is now considered a public nuisance per City of Orono Code Sec. 70-4 and is now subject to abatement of the violations. If the structure has not been secured by September 6, 2016 this matter will be brought before the City Council during the meeting on September 12, 2016 for abatement of public nuisances as allowed by City of Orono Code Sec. 70-5. Please be advised, if you fail to correct the violation prior to the deadline, the City will correct the violation and the costs to do so will be assessed against the property per City of Orono Code Sec. 70-5. Those costs will be certified to the County Auditor and will be collected in the same manner as special assessments against the property. If you have any questions, please don't hesitate to call me at 952.249.4625. Sincerely, CITY OF ORONO a-jzc— Roger Peitso Building Official Enclosures City Code Section 70-4, 70-5, Letter from July 29, 2016 Sent via standard post and certified mail Sec. 70-4. - Public nuisance. (a) It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty. For purposes of this section, a public nuisance shall be defined as any of the following: (1) Maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (2) interfering with, obstructing or rendering dangerous for passage any street, public right-of-way or waters used by the public; or (3) Any other act or omission declared by law to be a public nuisance. (b) It is unlawful for any person to permit real property under his control to be used to maintain a public nuisance, or let the property to another knowing it is to be so used. (Code 1984, §§ 9.21, 9.22; Ord. No. 108 2nd series, § 1, 8-24-1992) State Law reference— Public nuisance prohibited, Minn. Stat. § 609.74; authority to prohibit nuisances, Minn. Stat. § 412.221, subd. 23. Sec. 70-5. - Abatement procedure. (a) Abatement Except for the abatement of public nuisance vehicles governed by section 58-3, the following abatement procedure applies to all public nuisances. Whenever the city administrator or designee determines that a public nuisance is being maintained or exists on property, the city administrator or designee must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be served in person or by mail. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting it on the property. The notice must specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated. The notice must also provide that if the owner, occupant, or other responsible party does not comply with the notice within the time specified, the city council may provide for abating the nuisance by the city. The notice must state the date, time, and location of the city council consideration and give the person the right to be heard. The notice of the council hearing must be given at least ten days before the council will consider the matter. If notice is given by posting, at least 30 days must elapse between the day of posting and the hearing. (b) Summary abatement The city administrator or designee may provide for abating a public nuisance without following the procedure required in paragraph (a) above when. (1) There is an immediate threat to the public health or safety; (2) There is an immediate threat of serious property damage; or (3) A public nuisance has been caused by private parties on public property. If the city administrator or designee abates the nuisance under this section, he must reasonably attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled city council meeting. (c) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the city treasurer. (d) Assessment. If the cost, or any portion of it, has not been paid under paragraph (c) within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice will not invalidate the certification. The council may certify unpaid cost to the county auditor for collection along with current taxes in the following year or in annual installments, not exceeding ten, as the council may determine in each case. (Ord. No. 2 3rd series, § 1, 11-10-2003) July 29, 2016 Wendy Sullivan 325 Crestview Avenue Orono MN, 55356 IT' S. :Fy ORONO Street Address:Mailing Address: Telephone (954 249-460D 2750 !Galley Parkway P.O. box 66 Fex (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www-cl.orono.mn.us Re: City Code Violations at 323 Crestview Avenue Dear Wendy The City of Orono has received a complaint regarding the condition of your property at 325 Crestview. In response, a City of Orono official Inspected your property on 7/18/2016 at 10:30am which revealed violations of Orono City Code. Your Immediate attention to this matter is required. The violation cited on the above premises is weeds in excess of 6 inches in height on the North side of the house in front of the garage which is in violation of City of Orono Code Section 58-1. Maintenance of Private Property. There is access to the structure at the garage that is not secured to prevent any unauthorized entry ortrespass as required by City of Orono Code Sec. 86-4 Vacant Buildings. In order to correct the violations, the weeds must be cut to a height of less than 6 inches and the garage and the house needs to be secured to prevent unauthorized entry. This work must be completed by August 5, 2016 Please be advised, if you fail to correct the violation prior to the deadline, the City wiil correct the violation and the costs to do so will be assessed against the property [Cite: CO Code 58-441. Those costs will be certified to the County Auditor and will be collected in the same manner as special assessments against the property. If you have any questions, please don't hesitate to call me at 952.249,4625. Sincerely, CRY OF ORONO d4��t �� Roger Peitso Building Official Enclosures City Code Section 58-1, 86-4 Sec. 58-1. Maintenance of private property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain the property in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more than six inches, except this provision shall not apply to the following: (1) Publicly owned parks, trails or nature areas. (2) Property actively being farmed or used for agricultural purposes in conformance with chapter 78. (3) Residential properties in excess of one acre gross lot size when located in the RR -1A, RR -113, LR -1A and RS rural residential zoning districts, provided that such properties or portions of properties shall be maintained in conformance with this subsection upon notice from the city that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. (4) Wetlands vegetation as defined in chapter 78. (5) Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees). (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days' written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Sec. 86-4. - Vacant buildings. It is unlawful for the owner of any property to keep or allow to exist any vacant building which is open to trespass or is not secured against unauthorized entry. When an unsecured building is found, the building official shall post the premises and shall issue orders in person or by mail to the last known owner of record requiring that the building be secured within 48 hours. Failure to secure the building upon issuance of such orders shall be cause for the city to properly secure the building, to cause the costs to be charged against the property as provided by Minn. Stat. § 463.251, and to commence hazardous building proceedings pursuant to Minn. Stat. §§ 463.15- 463.261. (Code 1984, § 9.56(1)) REQUEST FOR COUNCIL ACTION DATE: September 12, 2016 ITEM NO: 19 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"-4 Title Community Development Director Item Description: Release of Agreement Planning Application Summary The buyers of the 3423 Shoreline Drive are requesting a formal release of an agreement originally made in 1991, allowing clean title at purchase. Background In 1991, the property owner of 3423 Shoreline Drive received approval to construct a temporary building to facilitate the abatement of poor soils caused by leaking fuel tanks in the area. Part of that process included an agreement to remove that building after the mediation work had concluded. The agreement is attached as Exhibit B. That building was removed prior to 2002. The full history, including site plan documents is attached as Exhibit C. The release document demonstrates that the property owner's responsibilities have concluded. Planning Staff Recommendation Staff recommends approval. Action Requested: Direct, by motion, the Mayor and clerk sign the release agreement as drafted. List of Exhibits: Exhibit A. Agreement to release Exhibit B. 1991 Agreement Exhibit C. 1991 site plan documents for Recording Data RELEASE OF AGREEMENT THIS SATISFACTION AND DISCHARGE OF AGREEMENT dated the _ day of , 2016, is executed by the CITY OF ORONO, a Minnesota municipal corporation ("City"). RECITALS: WHEREAS, on August 12, 1991 the City executed an Agreement ("Agreement") with Richard Keaveny ("Property Owner") which was recorded with the Hennepin County Registrar of Titles on September 12, 1991 as Document No. 2202789, for property legally described as: Tract B, Registered Land Survey No. 1422, Hennepin County, Minnesota (hereinafter referred to as the "Subject Property"); WHEREAS, pursuant to said Agreement, the Property Owner allowed the City to build a temporary structure on the Subject Property pursuant to the City of Orono Commercial Site Plan Application No. 1641; WHEREAS, pursuant to said Agreement, the City agreed to release the Property Owner, his heirs, successors and assigns, from the Agreement and record said release in the chain of title of the Subject Property once the structure had been demolished and the work completed; WHEREAS, the temporary structure has been removed and the work has been completed; WHEREAS, the current property owner is Brook Investment Group, LLC, a Minnesota limited liability company; WHEREAS, Brook Investment Group, LLC has requested that the City acknowledge that the Agreement has been satisfied and release the Property Owner, his heirs, successors and assigns, from the Agreement 188734v1 1 NOW, THEREFORE, BE IT KNOWN AS FOLLOWS: The City of Orono hereby releases the Property Owner, his, heirs, successors and assigns, from the Agreement filed for record with the Hennepin County Registrar of Titles on September 12, 1991 as Document No. 2202789. 188734v1 2 STATE OF MINNESOTA ) ss COUNTY OF CITY OF ORONO Lili Tod McMillan, Mayor Diane Tiegs, City Clerk The foregoing instrument was acknowledged before me this day of , 2016, by Lili Tod McMillan and Diane Tiegs, respectively the Mayor and City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 SMM 1887340 3 2202789 AGREEMENT I, Richard Keaven applicant owner of the property legally described on Exhibit A attar id,agree to lave the temporary structure, as described in CITY OF ORONO COMMERCIAL SITE PLAN APPLICATION NO.1641, removed from the site wi 0 days of Minnesota Pollution Control Agency (MICA) notification of project closure with an extension to include those months during which ground frost would occur at the site. ��a-n+w^- of — I agree to provide the City of Orono with a signed contract for structure removal at the time notification has been received from the MPCA. I also agree that, should the structure notpe remov,�d within 90 days after spring thaw, the City of Orono, may exercise its option to havc�the structure removed. Dahl & Associates, Inc. will provide the City with written notification of the termination of the pollution abatement process, as well as copies of analytical results of the treatment system effluent I also agree that demolition and access to the property for demolition will be stipulated in any future purchase agreements for the property. The undersigned owner has read, understood and hereby agrees to the terms of this agreement and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this agreement in the chain of title of the property. The City of Orono will release the property owner, his heirs, successors and assigns, from this agreement and record the release in the chain of title of the property once the structure has been demolished and the work has been paid for. Dated this 12th dray of August ,1991. /Dorothy �Hallin, Ci hClerk Barbara A. Peterson, Mayor Richard Keaveny ' Page 1 of 2 DEPT. EaNieu�Ec"as SEP 12 1991 @y. MiNN. EFpEr. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) A The foregoing instrument was acknowledged before me on this /a""day of /luau s t , 19-Z , by Barbara A, Peterson & 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. LINDA 5. VEE NOTARY PUBLIC - MMNEBOTA /J ���/ HENNEPIN COUNTY 1GIj� My wmm�.valon erFires &1288 .Notary Public ....... STATE OF MINNESOTA ) as. COUNTY OF HENNEPIN ) On this 6-1-" day of _AU 4 Us% 199E before mea Notary Public within and for said unty, personally appeared Erol lYl lea U2n4 known to me to be the person(s) described in and who executed the forego' g instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notarf Public LINDA S. VEE _ NOTARY PUBLIC - MINNESOTA My cenmNslan exgres &12.86 Page 2 of 2 EXFfMrr A Legal description of property referenced in Agreement between Mr. Richard Keaveny and the City of Orono and located in the County of Hennepin, and State of Minnesota: Track B, RIS number 1422 1- a cq c JaQ o"tiw CL 1- To: Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: 7eanne A. Mabusth, Building & Zoning Administrator Date: May 15, 1991 Subject: #1641 Richard Keaveny - 3425 Shoreline Drive Commercial Site Plan Review Zoning District: B-1, Retail sales Business District Pertinent Ordinance - Section 10.40, Subdivision 2 - All applications for building permits in the B-1 Retail Sales Business District shall be reviewed by the Council and referred to the Planning Commission for review. List of Exhibits Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit A - Application B - Plat Map C -- Engineer's setter D -- Survey -Locating Former E - Contamination Map F _ Recovery Map (Borings, G -- Elevations Service Station Building Monitoring Wells, etc.) Hl -H2 - Cross Profiles Ceiling/Foundation Floor Review of Current Application -- in December of 1989 Richard Keaveny, the owner of the property, contracted to have two 5,,000 gallon underground tanks used for the storage of heating oil abandoned by Dahl & Associates. Refer to Exhibit F. The tanks are located on the western edge of the property. The tanks were f i 1 led with fue Z oil but were not in service at the time of Mr. Keaveny's purchase of the property in 1976 and were not used since that time. Where the previous service station had existed, there were five underground tanks used for the storage of petroleum products. in 1977 the station, was shut down and never reopened and in July of 1983 all. five underground tanks and piping were removed by Widmer Brothers. in 1989 at the time of the removal, of the two underground tanks within the western portions of the building, underground test borings were performed to determine if there was any contamination. One of the test borings encountered contaminated soil at a depth of 11' below grade beneath the southern most tank. Review of the data from that preliminary investigation Zoning File *1641 May 15, 1991 Page: 2 from Dahl & Associates concluded that a second leak source near the location of the removed gasoline tanks was probable at the site. Review Exhibit E that depicts the extent of the contamination area and ground water contamination area. Exhibit F depicts the plan for recovery including soil borings, monitoring wells, piping, etc. Some members who shop at Rick's Super Valu may have already noted one of the recovery wells in the northwest section of the parking lot. The plan for recovery has commenced. Part of the recovery plan involved construction of a temporary building to be used to house pollution abatement equipment. The equipment will be used to treat ground water containing dissolved hydrocarbons. After treating the water it would then be discharged to the sanitary sewer. This recovery program/plan is very similar to the one reviewed by the Planning Commission and Council a few years back for WSI on Highway 12. Please review Exhibit C, the Engineer's comments. Mr. Gustafson asked that provisions for the demolition and cleanup of the area be discussed as the building is to be for temporary use only. In addition he notes that there must be provisions made for the immediate repair of the gravel parking lot after the installation of the recovery well and piping. As with WS1, the City will ask Dahl & Associates to provide an estimated average daily f low of treated water discharged into the sanitary sewer system to determine the impact on the City's sewer system. The City will also request copies of the monitoring reports on a regular basis during the recovery period. Please review Exhibit F. Part of that recovery program involves the installation of a building to house pollution abatement equipment. This structure will be 10' x 23' at a 10' height (review Exhibit G). The site plan shows the structure placed 30' from the side street lot line instead of the required 351. It was staff's understanding that the proposed structure was to meet all required setbacks of the H-1 zoning district. Applicant shall be asked to place the structure on the property so that it conforms to all required setbacks. If for some reason the structure is unable to meet the required setback, staff would advise that they file an immediate variance application for the Bide setback. The application would be classified as an after - the -fact variance application as the City does not wish to delay the recovery program any longer. It is staff's intention to bring this application to the immediate Council meeting on May 28th. Note the building has been placed to the rear of the elevated portion of the property and it shall be constructed of concrete masonry block similar to the exterior materials of the principal structure. Note staff has not addressed aesthetics or Zoning File #1541 May 15, 1991 Page 3 landscape screening needs because of the temporary nature of the use. If Planning Commission members feel discussion and consideration of aesthetics is necessary, members are encouraged to provide additional direction. Staff Recommendation To approve the commercial site plan for a temporary detached structure to be used as part of a pollution abatement program for the property located at 3425 Shoreline Drive owned by Richard Reaveny. The approval of this site plan is based on the following conditions: 1. Site plan to be altered such that accessory structure meets 35' street side setback. If it is found that applicant cannot meet the 35' setback, an after -the - fact variance application must be submitted by the deadline of May 24th for the June 17th meeting of the Planning Commission. Because of the need to expedite the recovery process, staff shall present the commercial site plan for Council review at the May 28th meeting. Council shall make the final determination regarding the issue of a substandard setback and if building is to proceed prior to formal approval. 2. Applicant to provide an estimate of the average daily flow of treated water discharged into sanitary sewer prior to the Council meeting of May 28th for review and comment by the City Engineer. 3. Applicant's consultant to provide copies of reports on test results during monitoring period. 4. Other conditions deemed appropriate by Planning Commission. lav Zoning File #1641 May 22, 1991 Page 4 Additional Caaments and Planning Commission Rec a endations - Prior to the meeting, Kent Wolf of Dahl and Associates advised staff that the building as shown on Exhibit F meets the required 35' setback and that the 5' landscape area is located 30' from Kelly Avenue right-of-way line. In fact, 5' of landscaping is proposed along the north, east and south sided of the recovery building. The Planning Commission voted unanimously to approve the commercial site plan for a temporary detached structure to be used as a pollution abatement building for the property located at 3425 Shoreline Drive, subject to the following conditions: 1, Prim to the issuar_ce of a building permit--, fuss applicant must provide an estimate of the average daily flow of treated water discharged into sanitary sewer for the review of City staff and City Engineer. 2. Applicant's consultant to provide copies of reports on test results during monitoring period. Please note a resolution is not required for connercial site plan review. The action of the Council is merely recorded in the minutes of the official meeting and in the follow up written notice to applicant. In further discussions with the review staff, the temporary aspect of the structure was addressed. If the Council is concerned that this structure be removed at the time the structure is no longer used as part of the pollution abatement process, Council may ask that Mr. Keaveny, as owner, enter into an agreement whereby he would agree to the removal of the structure within a reasonable period of time or the City will remove the structure and assess all costs against the property. Council may consider adding the execution of such an agreement as a third condition of approval. 04/2"1 10:10 711E CITY OF MONO 612-473-7357 W6 rr CSTY W ORONQ - G$IMRIM LAW USE AFFLIPROMTCB wwrwrra rvrwtrr��a�1�wwIhrN�r�f��rr-------------- Site 4rrrwr--....w--aSita Address 3425 Shoreline Drive, Navarre .k Property Identification Ntiatbar (P.I.D. 7 2011723120034 , °•-��' � �f .� �:',�', •' , Legal NE'IK, NEI%, NWS,. of NES Section 20, TW 7, North ange Please attach IQgal description to dpplicatiQn if not included on required survey. rawrrraarrrrawsr raa.rawrara rr.'rra....�rwr wrrra rawrraaa..wwraaa.. �wraraa a ar.rr.srr rr a APPLICANT Phone (home) Name Kent Wolf Dahl & Associates, uthona (Work) (612) 490-2905 Address 4390 MeMenemy Road City St. Paul 7 a a�aaYaanawara.•...+���wrr--r—r aw rrrr ra�.�.�Yrrrrra�w�r�+..rr �aaar+wr�+...rraa it rargip 5512e r....a O (if different than applicant) Phone (home) Names Richard KeavenZ Phone (612) 471-8455 Addreas 3425 Shoreline Drive City Navarre Zip 55392 Date Property Acquired 1976 (month/year) t (do) (do not) also awn the ad anent parcels of land. aafrN.�.aa wa r.raaaawr rrra�....�..r...r.�raai.rwrr arrrr^wwt�.raaaa rr �••� rMrrasarw -� CONDITIONAL SSR PMTS wra arrr-Yr- Renewal roe - 1/2 Current Fee Afterathc-Fact Fee - Double Current application Fee $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) . $150.00 Quest House/Guest Apartments $150.00 Dupiox Credit/Bldg __ v $250„00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling -- designated watlaad or floodplain Grading and filling a 101 cu, yd. or more Grading* seakall, retaining walls within 75' of iakeshore PRD/PID - nee feO schedule OTEM APPLIC&TTCMS $200.00 CCMercidl Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 RaSOMent Vacation 0 50.00 Base m&nt Vacation With Subdivision $250.00 Razaning (PUD - rotor to fee schedule) �. $108.00 Appeals ,,�,., Other - see fees schedule 04/25/51 10:11 THE CITY OF ORONO 612-473-7357 007 4+ Pater IIS$ or PROMMTY Present zoning District B-1 Present Use of Property Residential nor (specify) Parking Lot a..w��a gra wr,rsrwwr w�rrrrw��r,.� wawwwaa�.r----------ran.ara rswa..�wrrr—��a rrrar+wawarr DESCRIPTXON Or RZQMT Describe request in detail: Request building permit to build a pollution abatement buildin . Building. w a use o d to treat-groU-nd Water as weft as recover tree product table. aaaw..twww r rraaaww rr��w w rr wawwrww—rrrar..awwrww..r rraw....���.w --ww r.r r.rwrrr�+rwr ra 1. Completed Application Porm. 2. Certified Property Owners List of owners within 3501 (you can obtain this list from Hennepin CQUAty Department Of Finance A-603 Government Center 348-3273). 9. Plat Map. 4. Certificate of survey (signed by ra licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (prudes). S. construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish nOti.fied of this apgileaticn. YOU AM 91CQcIREa To SUPMY 30 COP=S OF LARGE DOCTo OR. A VOWMG COPY (11" Y 17* OR SMALLER) POR AM DOCMWNTS SDSM�TT�n. wwar.awrrw'r...r....rwwrrrar.+.rte---rwrw.�--------.----rr---r------a--r—r—rarr------ The applicant and Property owner must sign this application. Please remember that your application is not complete if the above information has not been included. araraa�a------------- rte. -----------7 ----------- wrw—aaa-----rr.r---...--.wrwa. rwww Certification by Clarical Department that Land use Appl;Wation is complete. initials of Clerical Staffs Date w wwrwraaaw—rrrwaarw.wrww—rrawwr^�—.,rwwrawn a...r—— -----------------------rw�w APPI XCA i G g SMOMTMM The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fevers (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is trust and correct to theb¢ of h3 /her knowledge. cadge. Applicant's signature Date covam slaw1 TO The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission hers, and Council members for purposes of revestigation and v 191 tion of thi uest. L- ers signature err Date Z f aw.r—awrarwwwwaww—�—.��warwa.—ra�rw����r�ra....� w�rw—+.rte+a—r�.rrrr—ara.....rwrr� Applicant must have all submittals into the City offices 23 days before the Planning commission meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meeting$ of the Planning C-3ssion and Council. if an applicant is unable to attend a scheduled meetingt please make arrangements to have an authorized agent attend in your place and adviser the Building s Boning Office of this change prior to the meeting. SEC. 19, T. 917, R. 23 6 BW „vers & Architects .y 9, 1991 City of Orono Bug 66 Crystal Bay, Minnesota 55323 Ow G. Bonemm P.E. IOdd1 A Gddon, III, Rabert W RMEM P.E RIChArd W Foster. P.E. Joseph C. Andeft P.E. Donald C. Burgadt F.E. Marvin L. Sorwala, P.E Jerry A. Bowdw% P.E. XMW E. User, P.E. Mart A. Manors, P.E. Glenn R. Coale PE. Ted K Feltl, P.E: Thomas 8 Noyes. P.E. michad L Raubnanm, P.E. Robent G. SdrunkM P.E. Robert R. Milers PE. Susan M. EtMTM. CPA. David Cl Lasi=iL P.E. Mark Cie VINU Ps. Thm as W. Pebrson. P.E. Thoma R. Anderson. AJ.A. Marren M. flan Michael C, LyrKd4 P.E. JW+cs R. Malar d. PC, Attn: Jeanne Mabusth Budding and Zoning Administrator Re: #1641 Richard Keaveny 3425 Shoreline Drive - Commercial Our File No. 139-1641 Dear Jeanne: N Kenneth P. A.x*san. P.E. Miles a Jensm P.E. Mark R. Roily, PE. L PhIllp Claud W. P.E. Robert C. Rusek. AIA. REM C, PLumert A.IA Thomas E. Angers, P.E. Agnes M. Rhg, MMP. hlWAUd A Sanbtd, PE. Jerry C. Farrah, P.E Daniel J'. Edflab^ P.E. Cecilia 01WRE.. RE Mark A. Sdp6 P.E. Robert R. Dmb" P.E. Philip I Coma. P.E Gary W. Mor*m PE. isrnad nil & 19L PE Charles A. Emkson Mark Cie VINU Ps. leo M. Pai ew Thoma R. Anderson. AJ.A. Marren M. flan Gary P RybrKfn P.E. MAY 13 1991 We have reviewed the plans for the proposed pollution abatement building for the Keeveny Drug Store, submitted by Dahl and Associates, Inc. The proposed building appears to have no significant effects on the surrounding property. We recommend that provisions for the demolition and cleanup of the area be discussed for the building as it is proposed to be only temporary. Dahl and Associates, Inc. should provide the City with effluent monitoring records on a continual basis so that the treated discharge can be reviewed. An estimated average daily flow of treated water discharged into the sanitary sewer will be necessary to determine the impact on the City's sewer system. The location of the building that previously existed in the gravel parldng lot area should be shown on the layout map. Provisions for restoring the gravel parking lot after installing the recovery well and piping should be discussed If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. JL,,,,, -i>, A,,ca� Shawn D. Gustafson SDG:dh 139.COR. 2335 West Highway 36 * 5t. Pawl, Minnesota 55113 * 612-6364600 CO. RD. NO 15 Ar) xaarwurezanrinrmwearreeStiaps and &Wnasws(ainlnmu) NORTH •` .SCALE 20 40 • EXPLANATION Gvew TeslBoring Sttorefina Drive------------------------__ ______ _______ NacovwryWetl------------------- NWdngwell erground las Main Iltaluds but are not limited �.��®d are subJaot to properly �st.r • I 1 own er'¢ approval: e n"e l Arborvitae. AMli , Tachny plantt,d on a beat, I of larrdscapirlp badL j 1 - Agoo-l"WHa material will underlie the base IftmBcue Parkaq Lot I material. The tache material will Fatale read Room" Wer Pom i nor m 1 growth and will abw water to pen Irate. ® rmfuol - The landeeaplhp bad will aRaad iiw feel r—� ro' I beyond tM autldlnp'a wells on three aide& entew Ps"ft Lai r I • The landecaped awa will be boardwed by a n Gement curb and yulter. i TWk et ry aalftj Keaveny Drug 3twer Tgnk412 rob I i tri _ iau 4 e i beckPatift Lot i O N40 I TWOWN{6 °OV ACWr" Tea 0 ereo ►mr.,aq nfa7ese eels Pa4lANae Taahurtlt8+aa•agt,a blmglinms PwWrrq Lot DAHL ASSOCIATES, INC. P.nvlrorrrranbd opelatlene C--santh Cenbeamre ■ EMMwe, Ground -Water Recovery '°`� Layout Map Keaveny Drug Store. 3425 Shoreline Drive Navarre, Minnesota 55392 Mn set, ROD SCHEDULE b .T- SLEEVE = SLEEVE DETAIL (TYP.) ML AMEVDM VY MFM tWEA7ELiWEA7EL SEE mw RM WIML 3JO w Ao r XMK Y&L CROSS SECTION r ME SLEEVE Ed S.? �. 2_. EXPLANATION NOTE BOW BEAME Luwu �n�mc rev m aavE rm Toru TM E�rSka FILMIRi�MW yr pusma num sm EEAiMt!lfHE ROD LAYOUT mt�l■l�W MWME ARU r x= vAm w Comm MM ON Cma K= Nan m! at rim AM v® yr masa mm aha m xmmun SECTION A CROSS SECTION 61 FM ROD SCHEDULE iir as TM a P Q �a 2' Ell mm iaalFPiIEIEM TD 1E WIN; d< R M sma-rvw M La - i' P[PE pY ROD LAYOUT �r r fm aim mR WM a ME Date Application Received: 07/20/16 Date Application Considered as Complete: 07/20/16 60 -Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: September 12, 2016 Item No.: 20 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"-4 Planning Dept. Title: Senior Planner Item Description: 16-3854, Ashish Aggarwal d/b/a Apex Holdings LLC — 2635 Kelley Parkway - Sketch Plan Review Zoning District: RR -113 PUD (Guided for Office Use in 2008-2030 CMP) Proposed Use: Senior Housing — Continuum of Care Retirement Community Property Area: 151,234 s.f. (3.47 ac.) Application Summary: This is a sketch plan for a 70 -unit, 2 -story residential facility including 24 independent living, 24 assisted living and 22 memory care units. The property is served by municipal sewer and water. Access will be from Kelley Parkway. The proposed plan would require rezoning to RPUD and an amendment of the comprehensive plan, converting from commercial use to residential use. Development of the property also requires re -platting from an Outlot to a Lot per the provisions of the Stonebay PUD No. 4 Agreement. Planning Commission Recommendations: The Planning Commission reviewed the applicant's proposed development plan at the August 15th PC meeting. Comments of the Planning Commission are included in the attached draft PC minutes from that meeting. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Council's discussion with the applicant to bring to light potential issues for consideration and issues to be addressed. A positive reaction from the Council will likely result in submission of a formal Comp Plan Amendment, Preliminary Plat and Development Plan application. List of Exhibits Exhibit A. Notice of PC Action 9/1/16 Exhibit B. PC Memo and Exhibits dated 8/10/16 Exhibit C. Draft PC Minutes of 8/15/16 Exhibit D. Public Comments Submitted prior to 8/15 Meeting Please review the Planning Commission Memo and Exhibits and the August PC minutes of for background on the proposed residential facility. 16-3854 September 1, 2016 Page 2 Issues for Discussion The following potential items for consideration were reviewed by the Planning Commission, and should also be addressed by the City Council: 1. Is there justification for the necessary CMP amendment and rezoning to allow the guiding of this property to be converted from commercial office to residential? If that conversion is not allowed, what other uses for the site might be acceptable (aside from office)? How will the City benefit from this development? Would the City see greater benefit by waiting for commercial development of this property, or is this the appropriate time and location to make the change? 2. Is the Council comfortable with the density of the development at 20 units per acre gross (14 units per acre net, based on 48 creditable units per Met Council calculation method)? Note that the Stonebay Lofts with 52 units on 2.8 acres has a net density of just over 18 units per acre. 3. If the developer had to construct a 3rd story over part of the building in order to meet required setbacks and hardcover limits while maintaining the same 70 units, how would Council react? One of the reasons a past Council was OK with the third story at the Lofts was its distance from Wayzata Boulevard, so the extra height would be somewhat mitigated by the long views. The same justification might not apply for the proposed building. The B-6 standards for commercial office use of this site would limit the height to 30 feet, while the RPUD standards for "properties currently zoned or guided in the comprehensive plan for commercial use" would allow height to exceed 30 feet but not to exceed three stories (not including underground parking level). How important is limiting the height or number of stories for this site? Note that the developer has no intent to add a third story. 4. Is there sufficient justification for flexibility in terms of- - £- Hardcover limit (50% allowed, 53% as designed) — any reason to allow flexibility? - Proximity of building to Wayzata Boulevard (30' proposed vs 50' RPUD requirement) 5. Council should discuss whether this development should be required to create the RPUD standard 10% private recreation space. If so, do the Pond Pavilion and surrounding yard areas satisfy that requirement? 6. Staff recommends that a 10' trail easement be retained along the south boundary of the property. Should this developer be committed to establishing a trail along Wayzata Boulevard with a connection northward along the west end of the pond? Pending Hennepin County final decisions as to whether or where should a trail be established (and who should pay for it) should the developer be expected to construct or assist in the cost of trail construction? Note that for other segments of trails within Stonebay, public trail construction by the developer was reimbursed from his paid Park Dedication Fees... 7. The conceptual landscaping layout does not provide any buffering from Wayzata Boulevard — is such buffering needed from a visual perspective from off-site, or from a perspective of the occupants of the building? 8. Are there any other issues or concerns with this sketch plan? 16-3854 September 1, 2016 Page 3 Planning Commission's comments are briefly summarized as follows (also see draft minutes): - This is a good location for the proposed use. - Applicants should design to meet the required setbacks and hardcover limits. - Ensure adequate parking is available on site, as there is only minimal street parking available on Kelley Parkway. - Trails and trail easements should be addressed as part of the site planning. - Developer should consider how the east end of the site will be designed, given the slope to the pond. - A Conservation Design plan may be unnecessary given the flat, open character and small size of the site. Members of the Stonebay community were present and commented on the development as well as their experience with this developer who is constructing the remaining two-story townhomes in Stonebay (see the minutes as well as Exhibit D for details). Summary The goal of this review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposed development, and to discuss the strengths and weaknesses of the proposal. The Planning Commission memo describes a number of items for consideration with the proposed use and site planning, and should provide direction to the developer regarding the plat. During the sketch plan review, the developer should advise Council whether any of the issues noted present particular problems, so that those issues can be discussed and the potential for approval or denial of any necessary variances to code standards can be addressed. Council should review each topic and identify any issues to which the developer should pay special attention. Staff Recommendation As a sketch plan review, any comments or suggestions to the applicant are non-binding but will be extremely helpful as the applicant moves forward. While no formal action is required, this memo and exhibits will serve as a foundation for the Council's discussion with the applicant to bring to light potential issues for consideration and issues to be addressed when a formal application for Comp Plan Amendment, Rezoning, and Plat and Site Plan approval is submitted. COUNCIL ACTION REQUESTED Advise the applicant on whether there are specific concerns about the proposal or any items that should be addressed in making a formal development application. NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Bax 66 Crystal Bay, MN 55323 952.249.4620 TO: Ashish Aggarwal 16135 55" Avenue North Plymouth, MN 55446 aggarw@vahoo.com Sanleevmanaalick@comcast.net TYPE OF REQUEST: DATE OF MEETING: Sketch Pian Review August 15, 2016 ZONING FILE: 16-3854 Council Exhibit A DATE OF NOTICE: September 1, 2016 COPIES: Apex Holdings LLC 2110 Lyndale Avenue South, Suite C Minneapolis, MN 55405 Wren Gori Gari and Associates 46331' Avenue South Minneapolis, MN 55419 vi re n gaorl-assn ciates.com The Planning Commission took no action but did comment on the application. Draft minutes of the meeting are attached for your reference. VOTE: - FOR - AGAINST Applicant's next meeting is scheduled as: Monday, September 12, 2016 This is a City Council meeting. The meeting begins at 7:00 PM. A copy of the staff report will be emailed to you the Friday prior to the meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission, If you have questions, please contact Mike GaffronatmgaffrontDci.orono.mn.us or952.249A622. Dake Appiieation Received: w2om Date Application Considered as Complete: 7!20/16 60 -Day Review Period Expires: NA To: Chair Thiesse and Planning Commission Members From: Mike Gafi"ron, Senior Planner Date: August 10, 2016 Subject: #16-3854 Ashish Aggarwal d1b/a Apex Holdings LLC — 2635 Kelley Parkway - Sketch Plan Review Zoning District: RR -1 B PUD (Guided for Office Use in 2008-2030 CMP) Proposed Use: Senior Housing — Continuum of Care Retirement Community Property Area: 151,234 s.f. (3.47 ac.) Application SuMMwy: This is a sketch plan for a 70 -unit, 2 -story residential facility including 24 independent living, 24 assisted living and 22 memory care units. The property is served by municipal sewer and water. Access will be from Kelley Parkway. The proposed plan would require rezoning to RPUD and an amendment of the comprehensive plan, converting from commercial use to residential use. Development of the property also requires re -platting from an Outlet to a Lot per the provisions of the Stonebay PUD No. 4 Agreement, Sftff Reconunendation: While no formai action is required, this memo will serve as a foundation for the Planning Commission's discussion with the applicants to bring to light potential issues for discussion and issues to be addressed prior to submission of a formal development application. List of Exhibits Exhibit A. Application Exhibit A Applicants' Cover Letter / Narrative Exhibit C. Applicants' Submitted Exhibits: a. Sheet A 1.0 title Sheet & Project Data b. Site Plan c. First Floor Plan d. Second Floor Plan Exhibit D. Airphoto Exhibit E. Comp Plan Map: Land Use Plan Exhibit F. Comprehensive Plan Excerpts Exhibit G. Stonebay PUD No. 4 Excerpts - Exhibit K — Special Conditions - Exhibit M — Development Fees Exhibit H. RPUD Ordinance Background The property under review is Stonebay Outlot D, which is directly across Kelley Parkway fiom the Stonebay Lofts, at the west end of the long stormwater pond. The property is governed as part of the Stonebay Master Development, and is guided and planned for Commercial Office use. The site has remained vacant since Stonebay was initially developed in 2003, and there have Council Exhibit B 16-3855 August 10.201a Page 2 of 9 been no past proposals or sketch plans for the properly. Absent any apparent market desire for office uses in this area, coupled with the clear directives of the Orono Community Management Plan (CMP) that retail uses should not extend west of Willow Drive, the proposed senior housing use may be a reasonable alternative. It also has the potential to assist in meeting residential urban density goals in order to allow continued development of Orono's severed lakeshore areas as intended. The property is currently zoned RR -1B PUD, One Family Rural Residential. The intent of this zoning was functionally a `holding' zone, with the property originally anticipated to be rezoned to B-6 PUD at the time of approval of a specific commercial development on the site. For the proposed residential continuum of care use, rezoning to RPUD would be most appropriate. The property has been located within the Metropolitan Urban Service Area (MUSA) since 1980, and would be served with municipal sewer and water, far which connection charges are spelled out in the PUD No. 4 Agreement. Review Parameters The proposed residential development is a departure from the CMP guiding of this site for commercial office use. For this reason, staff recommends that the Planning Commission's review should proceed by considering the following two basic questions: 1. Is this property a location where the City should depart from the current Comprehensive Plan guiding, and allow for high density residential development? 2. If so, what an appropriate standards for such a development? Planning Commission's primary focus should be on whether the proposed type and density of development is appropriate for this specific property. Confur7nity with the Orono 2008-2030 Community Management Plan The net development density based on 48 Independent and Assisted Living units would be 13.8 units per acre. The proposal to re -guide the site for High Density Residential in the defined range of 10-15 units per acre would be appropriate. Met Council and D=&: . In approving Orono"s 2008-2030 CMP, Met Council took into account that Orono guided specific properties for higher density sewered development (3-7, 7- 10, 4-15 and 10-15 units per acre) in order to offset the long -planned sewered development at low densities in the Shoreland areas. In effect, the higher -density guiding of a select number of strategically located properties established a numerical `buffer' which allowed properties previously added to the MUSA and guided/planned for 2 -acre minimum lot sizes, to be developed as historically planned. - Problematic for the present is that in recent months two of those properties guided for higher density development have been rued via amendments of the CMP to lower densities, and in fact the `buffer' established in the 2008-2030 CMP has functionally been eliminated In order to re-establish the buffer, Orono must reguide additional property for higher density. In the meantime, any new proposed developments at a density of less than 3.0 units per acre involving connection to or extension of the sewer system, will not be approved by Met Council, ' Reguiding of the applicants' property for residential use at high density would be a substantial step forward in re-establishing the necessary density buffer. 18.3855 August 10, 2016 Page 3 of 9 Conformity with RPUD Zoning District Requirements The property is currently zoned RR -IB PUD and for the proposed development would be rezoned to RPUD. The RPUD District standards are found in Zoning Code Sections 78-621 thru 78-629. The RPUD district standards indicate an RPUD site must be at least 5 acres in area, but does allow for smaller sites under specific conditions, as noted in the code excerpt below. Sec. 78-626. - Development standards. Within the RPLTD district all development shall be in compliance with the following: (1) Minimum area, shareland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property Is direetly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements aro met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RM on a site designated for commercial use if the city council finds that Stich use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. (emphasis added) It would appear that the provisions of 7&626(1)b would be applicable, as the proposed use is within the Stonebay Master Development and is directly across Kelley Parkway from the Stonebay Lofts, wluch are similarly zoned RPUD. Further, because the site is guided for commercial office use with the intention of being rezoned for commercial use, the rezoning would fit within the provisions of 78-626(2). It should be noted that the Council has recently approved and supported two smaller RPUD developments (Shadywood Villas and the Eisinger site) so that rezoning the Kelley Parkway parcel to RPUD would not be inconsistent. Relationship to Surrounding Development The proposed senior residential continuum. of care use might be compared to a blending of the facilities offered at the Orono Woods Senior Housing at the intersection of Brown Road and Wayzata Boulevard, and the Trails of Orono Assisted Living and Memory Care facility at 875 Wayzata Boulevard. The proposed Stonebay location is directly across from the Stonebay Lofts 1 M66 Auguat 10, 2096 Page 4 4f S which is a residential condominium development. To the immediate east of the Lofts, additional 2 -story townhomes will eventually be completed. Directly east of applicants' site is the stormwater pond that serves not only the entire Stonebay development but additional properties including the City Offices/Policeftblic Works complex. To the immediate west is a vacant 2.5. acre commercial office site, once approved for a 2 -story medical office building that never went forward. Across Wayzata Boulevard to the south is the Orono industrial Park, including Geffre Interiors and Morrie's Automotive. Factors which suggest this site may be appropriate for the proposed residential use include the location directly across from the Stonebay Lofts; the substantial separation from the potential future commercial office development at the NW corner of Willow and Wayzata Boulevard; and the separation from the Industrial Park provided by Wayzata Boulevard. Placing the proposed continuum of care facility adjacent to a possible future office use to the immediate west would not be unusual, as an office use (as opposed to a retail use) would likely be compatible with the applicants' residential concept. General Site Characteristics The site is generally open, a majority of it being former cropland, with a few mature trees located at the east end where the farmhouse and barn once stood. The property is very flat with a relatively shallow water table. There are no wetlands mapped on the property. Lot Layout and Lot Standards The specific lot requirements for a multi -family building in RPUD can be found in Section 78- 626(7). A summary of those standards is as follows: Building setback from local streets (Kelley Parkway): 35'* Building setback from arterial streets (Wayzata Boulevard): 50'* Building setback from side lot lines: 35'* Parking lot and driving lane setback from all lot lines: 20' Parking structure setback from streets: 35' local streets, 50' arterial* Parking structure setback from lot lines: Adj. to residential: 50'* Adj. to non-residential: 35'* *Minimum setback must be no less than height of the building Height limitations. For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shill apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but ,shall not exceed tbree stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple -family building will be allowed. Outside storage limitations. Building materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stared outside within any site used for attached or multifamily uses. Maximum Floor Area Ratio (FAR) = Total Building Floor ArewTotal Lot Area): 1.0 Additionally, the RPUD District standards include substantial requirements for landscaping as well as screening and buffering of parking areas. 16-3865 August 10, 2016 Page 5 of 0 Co : The proposed conceptual site plan includes a two-story building with a defined height of 38', significantly lower than the Lofts across the street, but still technically requiring flexibility. Proposed underground parking constitutes a 3d level, mostly below grade. It is assumed that some filling to raise the overall elevation of the site is likely in order to accommodate the underground parking while avoiding water table issues. Building setbacks on three sides meet minimum RPUD standards, while the. proposed 30' setback from the Wayzata Boulevard right-of-way does not meet the 50' requirement. The proposed perimeter driving lane and parking lot generally do not meet the 20' minimum setback requirement. Along the east boundary of the site, the bank slope of the stormwater pond extends approximately 40 feet into applicants' property, which will impact the location of the perimeter driveway. Access, Internal Circulation and Parking It has long been the City's intent to avoid new accesses onto Wayzata Boulevard between Willow Drive and Old Crystal Bay Road. Accordingly, the concept plan includes a single access point onto Kelley Parkway, with no access to Wayzata Boulevard. The existing driveway entrance to Wayzata Boulevard which served the former farmstead, will be removed. The proposed Kelley access point is halfway between the Cascade Lane entrance/exit and the Lofts parking exit, and is anticipated to be acceptable at this location. Internal circulation is proposed to be provided by a paved driveway along approximately 213 of the perimeter of the site, providing access to various building entrances. A pathway denoted on the plans as a "fire lane/bike path" completes a drivable accessway surrounding the building, The Fire Marshal should review the actual need for this pathway, Parking as depicted includes 54 surface stalls and 24 underground stalls. While the Orono Zoning Code does not specify a numerical parking requirement for the continuum of care, a review of other cities' ordinances suggests the following minimum standards: Independent Living: 1.0 - 1.5 stalls per unit Assisted Living: 0.5 stalls per unit, or 1 per 3 beds Memory Care: 1 stall per 4 beds Applicants propose 24 Independent Living units at 1 stall per unit; 24 A&%sted Living units at 0.75 stalls per unit; and 22 Memory Caere units at 1 stall per three beds. This yields a parking requirement of 47 stalls. With a total of 78 stalls available, parking would appear to be sufficient. Staff has requested the City Engineer to review whether the above noted standards are acceptable based on Institute of Transportation Engineers (ITE) recommendations. Parlor, Trails, Sidewalks Development of the property is subject to the conditions of approval of the Stonebay PUD. No. 4 Agreement. In part the Agreement requires establishment and construction of a trail system in Outlot D. An excerpt from the Agreement, Exhibit K, "Special Conditions", Item 1 (Transportation) reads as follows: h) An 8' wide bitunninous surfaced public pedestrian/bicycle trail shall be constructed by the Developer or his successors in ownership within Outlots A and D along Highway 12, connecting to the trails constructed in Phase L The construction of the portions of said public trail adjacent to Highway 12 within Outlots A and D may be deferred until a determination is made whether the Highway 12 boulevard area will he converted from a rural section to an urban section and/or until 1$-3&55 August 10, 2016 Page 6 of 9 Outlots A or D are developed for commercial uses. The trails along Highway 12 may be located within the Highway 12 right -of --way if a 20' separation is maintained from the traveled roadway of Highway 12, and if MnDOT approval is obtained. Portions of the trail may be located within the right of way of Kelley Parkway north of the stormwater pond. The trail shall provide a continuous connection along Highway 12 from the east boundary of the property to the west boundary; connection across the starmwater pond area may be along Highway 12 or may jog up to and back down from Kelley Parkway along the stormwater pond perimeter. i) The City shall be responsible for maintenance of the public trails upon their completion and acceptance. Public easements including a suitable shoulder width shall be granted over all the public trails not located in dedicated aright -of -way. Preliminary Hennepin County plans for the upgrade of Wayzata Boulevard include a trail along the north side of Wayzata Boulevard from Willow Drive to Old Crystal Bay Road. Final determinations have not been made as to whether or exactly where that trail will be developed, The current plans suggest it will be in the right-of-way, while the Stonebay PUD Agreement intended for it to be within the commercial Outlots. Pending a final layout by the county, applicants should expect that a trail will be required along their south boundary, with a possible connecting link to Kelley Parkway along the west edge of the stormwater pond. An existing sidewalk within the right -of --way of Kelley Parkway extends along the entire frontage of the site, constructed with the original Stonebay improvements. RPUD standards indicate the requirement for 10% of the site being dedicated to recreational purposes. The proposed pond pavilion and perimeter bike pathway would potentially satisfy that requirement. Development of the property is also subject to. a Park Dedication Fee per the rpovisions of the PUD No. 4 Agreement (see Development Fees Summary below). Development Fees Summary Development of the property is subject to the various tees established within Exhibit M of the PUD No. 4 Agreement, all of which were deferred until a development plan is approved for each of the commercial outlots (Outlots A & D). Below is a summary of the fees, collectible in full at the time of final re -plat approval: Park Dedication Fee: $3,250/unit x # of units (example: 48 units x $3,250 = $156,000 Sewer Connection Charge: $6,330/acre x 3.5 acres = $22,155.00 Water Connection Charge: $10,480/acre x 3.5 acres = $36,680.00 Stormwater & Drainage Trunk Fee: Residential > 4 units/acre: $8,4901ac x 3.5 acres = $29,715.00 Note that per the Agreement, the Park Fee is not adjusted for inflation, while the connection charges and Stormwater & Drainage Trunk Fee are calculated based on the current (2016) Fee Schedule. Site Grading, Stormwater and Drainage Improvements The long stormwater pond was originally sized to accommodate all elements of Stonebay, so that individual ponding will not be required on this site. Because the site is so flat, the assumption is 163855 August 10, 2018 Page 7 of 9 that in order to make drainage function adequately and allow for underground parking, the site will require some amount of fill, likely raising the main floor above the level of Kelley Parkway. A 30" stormwater pipe is believed to be located along the southerly boundary of the property, approximately 20 feet inside the lot line, transporting runoff to the stormwater pond from the two adjacent commercial properties to the west. An internal storm sewer system is likely to be constructed on the site which will discharge to the pond. The property is not within the Stormwater Overlay District, but if developed as RPUD is subject to a maximum hardcover per lot of 50%. The site plan indicates impervious coverage of 53% which will have to be reduced to meet the hardcover limit. Stormwater management will be subject to City and MCWD review and approval. The property will be subject to the Stormwater and Drainage Trunk Fee as noted above. Utility LocationslAvailability/Connection Fees Municipal sewer and water utilities are available in Kelley Parkway to serve the property. A City water main line exists within the property, extending from approximately the northeast corner of the site, southwestward to a point approximately 150 feet west of the southeast corner of the property. It is unknown whether there is an easement for this critical segment of the water system; if not, an easement will be required as part of the development approvals, and the water line may have an impacts on site planning. The property has not been previously assessed for sewer and water. Connection charges as noted elsewhere in this memo will be due at the time of final plat approval. Wetlands on Site and/or Impacted There are no mapped wetlands on the site. Tree and/or Woodland Impacts The site is extremely flat and open; however, the developer is encouraged to preserve existing vegetation to the extent possible, especially along the eastern boundary adjacent to the stormwater pond. Conservation Design While the property is technically subject to the City's Conservation Design Ordinance, it is anticipated that due to the small size and open nature of the property, a Conservation Design Inventory and Master Plan may be unnecessary; Planning Commission should address this topic in its discussion. Archaeological Site Proximity Staff is unaware of any archaeological sites within the property; the applicant should contact the State Historic Preservation Office (SHPO) to confirm. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: 1. Is there justification for the necessary CMP amendment and rezoning to allow the guiding of this property to be converted from commercial office to residential? If that 16-9855 August 10, 2016 Page aof9 conversion is not allowed, what other uses for the site might be acceptable (aside from office)? How will the City benefit from this development? Would the City see greater benefit by waiting for commercial development of this property, or is this the appropriate time and location to make the change? 2. Is the Planning Commission comfortable with the density of the development at 20 units per acre gross (14 units per acre net)? Note that the Stonebay Lofts with 52 units on 2.8 acres has a density of just over 18 units per acre. 3. If the developer had to construct a 3rd story over part of the building in order to meet required setbacks and hardcover limits while maintaining the same 70 units, how would Planning Commission react? One of the reasons a past Council was OK with the third story at the Lofts was its distance from Wayzata Boulevard, so the extra height would be somewhat mitigated by the long views. The same justification might not apply for the proposed building. The B-6 standards for commercial office use of this site would limit the height to 30 feet, while the RPUD standards for "properties currently zoned or guided in the comprehensive plan for commercial use" would allow height to exceed 30 feet but not to exceed three stories (not including underground parking level). How important is limiting the height or number of stories for this site? 4. Is there sufficient justification for flexibility in terms of: - Hardcover limit (50% allowed, 53% as designed) — any reason to allow flexibility? - Proximity of building to Wayzata Boulevard (30' proposed vs 50' RPUD requirement) 5. Planning Commission should discuss whether this development should be ' required to create the RPUD standard 10% private recreation space. If so, do the Pond Pavilion and surmunding yard areas satisfy that requirement? 6. Staff recommends that a 10' trail easement be retained along the south boundary of the property. Should this developer be committed to establishing a trail along Wayzata Boulevard with a connection northward along the west end of the pond? Pending Hennepin County final decisions as to whether or wher should a trail be established (and who should pay for it) should the developer be expected to construct or assist in the cost of trail construction? Note that for other segments of trails within Stonebay, public trail construction by the developer was reimbursed from his paid Park Dedication Fees... 7. The conceptual landscaping layout does not provide any buffering from Wayzata Boulevard -- is such buffering needed from a visual perspective from off-site, or from a perspective of the occupants of the building? S. Are there any other issues or concerns with this sketch plan? Sketch Plan Review Parameters The goal of this review is to provide the developer with an overview of .the pertinent City ordinances and how they affect the proposed plat, and to discuss the strengths and weaknesses of the proposal. The above "Summary of Issues for Consideration" reveals a number of issues with the proposed development and should help Planning Commission provide direction to the applicant regarding the proposal. Planning Commission should review each topic and identify any issues to which the developer should pay special attention. 16.3855 August 10, 2016 Page 9 of 9 As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the applicants move forward. Because the concept technically is a departure from the CMP density guidelines for development of the site, this sketch plan will, also be presented to the City Council for comment, MINUTES OF THE ORONO PLANNING COMML43SION MEETING Council Monday, August 15, 2016 Exhibit C 600 o'clock p.m. Schoe it moved to recommend approval of A lication No. 16-3856 PP PP � �� Cuisine Develo ent, LLC, om behalf of Paul Agre Company, 2380 Shadywood Road, gran a condition use permit per Stasi'®recommendations, subject to verification of the 'ng, with the recommen on that a change m zoning be required H liquor or additional se is requested. Barnhart stated is hearing that liquor sales would tip it over into the restaur realm and that he would suggest the P Commission recommend no liquor sales or outdoor s g under the current B-5 zoning. Tbiesse stated he dislikes a Planning Commission telling an governing body what they can and cannot do at some point in future. Schoenzeit stated it is a recomm on, and that in Planning Commission's discussion of coff c&agel shop, they felt the de ' 'on does not " lude liquor. Schoenzeit stated it is the Planning Commission's belief that adding_li sold ' it over into restaurant zoning. Schwingler asked if outdoor seating Schoenzeit stated that would it over. over the 60 seks and impact the parking. Barnhart stated currently ey are at the maximum seNoidansion over that would not be consistent with a co 1 shop. Thiesse stag a City does not really care if it is indating as long as it is not over 60 seats. seconded the motion. VOTE: Ayes 4, Nays 0. 6. #16-3854 ASMSH AGGARWAL ON BEHALF OF APEX HOLDINGS, LLC, .2635 KELLEY PARKWAY, CONCEPT PLAN, 8.38 P.M — 9:18 P.M. Ashish Aggarwal, Applicant, was present. Page 22 of 32 MIl1TU"I'ES OF THE ORONO PLANNING COMNIISSION MEETING Monday, August 15; 2016 6:30 o'clock p.m. GafEron stated befrne the Planning Commission is a sketch plan review for a 70 -unit two-story building that includes 24 independent living, 24 assisted, and 22 memory care. The property is served by sewer and water and access will be via Kelley Parkway only. Zoning is currently RR 1B PUD. Gaffron stated the proposed plan would require rezoning to RPUD and an amendment of the Comprehensive Plan, converting it from commercial use to residential use. Development of the property also requires re -platting fmm an Outlot to a Lot per the provisions of the Stone Bay PUD No. 4 Agreement. The property is located directly across Kelley Parkway from the Stone Bay Lofts at the west and of the long stormwater pond. The property is governed as part of the Stone Bay Master Development Agreement and is guided and planned for commercial office use. Gaf von noted this property has the potential to assist the City in meeting its residential urban density goals in order to allow continued development of Orono's sewered lakeshow areas as intended. Staff recommends the Planning Commission's review of the sketch plan address the following two basic questions: Is this property a location when the City should depart from the current Comprehensive Plan guiding and allow for high density residential development? 2. If so, what are appropriate standards for such a development? Gaffron displayed a sketch of the proposed building and interior layout. Gaifron indicated the stormwater pond was originally sized to accommodate all elements of Stone Bay and no additional ponding will be required on this site. Because the site is so flat, the assumption is that in order to make drainage function adequately and allow for undergrmind parking, the site will require some amount of fill, likely raising the main floor above the level of Kelley Parkway. An internal storm sewer system is likely to be constructed on the site which will discharge to the pond. Page 23 of 32 M][N=S OF TSE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. The property is not within the Storrawater Overlay District. If developed as RPUD, it would be subject to " a maximum hardcover per lot of 50 percent. The site plan indicates impervious coverage of 53 pement, y which will have to be reduced to meet the hardcover limits. While the property is technically subject to the City's Conservation Design Ordinance, it is anticipated that due to the small size and open nature of the property, a Conservation Design inventory and Master Plan may be unnecessary. The Planning Commission should discuss whether there is a need for an inventory and master plan. Staff recamu:ends the following tropics be considered by the Planning Commission: 1. Is there justification for the necessary CMP amendment and rezoning to allow the guiding of this property to be converted firm commercial office to residential? If that conversion is not allowed, what other uses for the site might be acceptable? How will the City benefit from this development? Would the City see greater benefit by waiting for commercial development of this property or is this the appropriate time and location to make the change? 2. Is the Planning Commission comfortable with the density of the development at 20 units per acre gross? 3. If the developer had to construct a third story over part of the building in order to meet required setbacks and hardcover limits while maintaining the same 70 units, how would the Planning Commission react? One of the reasons a past Council was okay with the third story at the Lofts was its distance from Wayzata Boulevard. As a result, the extra height would be somewhat mitigated by the long views. The same justifcation might not apply for the proposed building. The B-6 standards for commercial office use of this site would limit the height to 30 feet, while the RPUD standards for properties cry zoned or guided in the Comprehensive Plan for commercial use would allow height to exceed 30 feet but not to exceed three stories. Page 24 of 32 1VIINUTES OF TEE ORONO PIANN114G COMMISSION MEETING 14londay, August 15, 2016 6,30 o'clock p.m. 4. Is there sufficient justification for flexibility in terms of the hardcover limit and the proximity of the building to Wayzata Boulevard. 5. The Planning Commission should discuss whether this development should be required to create the RPUD standard 10 percent private recreation space. 6. Staff recommends that a 10 -foot trail casement be retained along the south boundary of the property. Should this developer be committed to establishing a trail along Wayzata Boulevard with a connection northward along the west end of the pond? 7. The conceptual landscaping layout does not provide any buffering from Wayzata Boulevard. The planning Commission should discuss whether such buffering is needed from a visual perspective fioncr off site or from a perspective of the occupants of the building. Gaffron noted the Planning Commission should provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat as well as discuss the strengths and weaknesses of the proposal. Leskinen asked if Staff has received any feedback from the public even though it was not published for a public hearing. Gaffron indicated the City did receive one comment today. Ashish Aggerwal, Applicant, stated they have owned this site for over two years and that they have explored a number of ways to develop the site. Aggarwal stated currently there is absolutely no market for any commercial on this site and that commercial tends to concentrate in the Wayzata area since those businesses can draw from the surrounding areas. Aggarwal stated people are looking for senior housing in Orono and that the people who currently live in Orono want to stay in Orono but they lack senior housing. Aggarwal stated they need to have a certain number of units in order to make the development feasible but that they do not believe they will require a Page 25 of 32 MINUTES OF THE ORONO PLANNING CONBMSION MEETING Monday, August 15, 2016 6:30 o'clock P.M. third story. Aggarwal indicated a facility consisting of 70 units is a perfect size to operate and that there is some room to expand on the side if necessary. Aggarwal stated they also have the 10 percent recreation space available on the site, they are open to the fees, and any recommendations for the landscaping. Aggarwal sued there have been comments made about how various commitments are not being done at Stonebay. Aggarwal indicated they have had several conversations with the architect and the homeowners association but that he feels the association attempts to blackmail them on a lot of aspects. Aggarwal stated they are working diligently to address those concerns and that they are spending money out of their own pockets to do that. Aggarwal stated he is not sure if it is a difference of opinion or perception but that people sometimes feel developers have deep pockets and can do anything. Schoenzeit stated the only piece might be the 50 -foot setback and making adjustments to the building to meet that. Viren Gori, Architect, staged the 50 -foot setback is not an issue. Cori indicated the pavilion on the east end will be an anxenity for the entire neighborhood and that it ties in well with the City trail that goes right by there. Gori stated the western half is the memory care and assisted living vying and that they can move that up another 20 feet and meet the setback. Gori indicated he has worked on other similar projects throughout the country and that what he has found is that senior housing is now going into semi urban areas but not into rural areas. Gori stated most of the senior housing facilities will actually tagger a commercial boom since they add to the density. Thiesse stated in his opinion the complaint of non -completion cannot carry forward to another application. Gaffron stated it is really not relevant to this application and that the City does not have any legal way or reason to hold that against the developer on a different site. Gaffron stated the Planning Commission will just have to take it as a comment. Thiesse stated he would allow public comment. Page 26 of 32 MmvfrTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6.30 o'clock p.m. k Stewart Ackman, 716 Sandstone Circle, Stonebay, stated he serves on the master board of Stonebay and that Rozum Bradford is president of the board. Ackman stated in terms of the site plan, he has not really focused on the site plan, but in his view the 30 -foot setback from Highway 12 will be a problem. Ackman stated he would like to see some trees and landscaping to help improve the aesthetics of the building. Ackman stated he would like to see the same quality of landscaping as they have at Stonebay. Ackman stated they have also talked about the proposed use and they feel the use is totally appropriate given the market. Ackman noted he is a commercial real estate agent with an office in Wayzata and that he is familiar with the markets and there is not a market for commercial. Ackniau stated in regards to the complaint about the applicant, in some ways it is hard to believe they have this difficulty because they think of the applicant n being a sophisticated, capable businessman. Ackman stated every time a new neighbor moves in, they turn to the homeowners association and beg the Board for help to finish the unfinished items in their homes. Ackman stated the developers say they will do something and they don't. Adhman commented they do not like the situation and in their view it is a significant issue. Ackman stated it is not good for the health of the community, the developer, or the builder. Ackman indicated they have had a series of ongoing issues. Ackman stated last fall they had meeting after meeting with the developer and the builder to finish the simplest things, such as putting the correct numbering on the homes, painting boards underneath, and fish landscaping. Ackman noted they have a major common area that needs work currently which also entails a sidewalk going in front of the new units that are being built. Ackman indicated nothing is happening and that they have been unable to get resolution of the issue. Ackman stated the homeowners association would like to select the builder since the previous one has not done quality work. Ackman stated in his view this did not need to happen given the minimal extra cost it would have involved but that he understands these issues are not related to this sketch plan. Page 27 of 32 bffiwaEB OF TEE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. Katie Harms, .2512 Sandstone Lane, stated she would like to state for the record she has lived for two years in the condominiums on Parkway and now at Stonebay. Harms commented she loves the area and that she believes this is a phenomenal use for the area acmes the street and would enhance the area. Harms stated she also has some concerns about it. Harms stated when you drive in on Stonebay Drive, for the past two months there is a big boulder that has fallen off the wall and has yet to be replaced. Harms stated it becomes a sore point when you are paying a substantial amount of money each month in association fool. Harms staffed some things she is concerned about is employee parking. Harms stated in the condominiums they experience more activity than what will likely go on in a senior living facility but that there will be employee parking needed, which she is not sure is being addressed. Harms stated the overflow parking will probably be on Kelley Parkway, which will add to the congestion. Harms noted Staffs report stated that a Conservation Design Inventory is normally required and that Staff had it question of whether that is needed. Banns stated in her view past performance is indicative of future results and that in her view the Planning Commission should put in some standards that need to be followed by the developer. Harms indicated she is also concerned about the setbacks and the overall plan. There were no additional public comments. Leskinen commented it is an awesome use for the property and helps the City with its overall density. Leskinen stated if the medical building and the other parcel ever gets developed, this project will be in a good location. '11 iesse stated employee parking is probably higher for this type of development but that there are likely criteria for it. Schoenzeit noted most of the residents lilkely will not have cars. Gori stated what is not shown on the plan is lower level parking under the independent wing, which will consist of 29 to 30 parking stalls. As it relates to employees, typically for a project this size there ate 25 Page 29 of 32 MINUTES OF THE ORONO PLANNING COMIIIISSION MEETING Monday, August 15, 2016 6:30 o'clock p.m. employees, 10 full-time, and that there is plenty of surface parking available to handle that. Gori stated in his view they have way more parking than they need on the surface. Schoenzeit pointed out there will also be guest parking needed. Gori indicated that would be surface parking. Gafiron stated there is generally a high water table all the way through this area and that there needs to be an expectation that the site will be built up higher than Kelley Parkway. Thiesse asked if parking would be allowed on Kelley. Gaff'ron stated there are bump -outs on the north side and those would be the only areas where parking is allowed on the street. [saffron stated the developer will have to deal with the parking onsite. Schoenzeit stated off street walking trails would also be critical. Thiesse asked if an easement should be obtained. Gafiron stated there is a 10 -foot easement from the dental office and the same should be done here. Gaffron noted what the City has done in the past is if the developer constructs the public trail, that cost is deducted from their park fees if it is constructed within the easement area. Gaffron stated if it turns out that these trails are totally within the Wayzata right-of-way, there may be no need to maintain an easement. Thiesse asked if the trail would be on the east side. Gatfr+on indicated there is the potential to bring a trail down from the intersection of Old Crystal Bay Road and up around the pond at the east end of the pond. Gaffion stated the location of the trail is up for discussion and that there will be a parallel sidewalk with a trail in one section. Thiesse stated in his view a trail is important but that 10 feet might not be enough given the topography. Page 29 of 92 MUNp'I'ES OF THE ORONO PLANNING COMMISS[ON MEETING Monday, Augast 15, 2016 6:30 o'clock p.m. Gaffron indicated that is eomect and that some tweaking of the site plan will be necessary. Schoenzeit stated a site inventory will probably not be necessary if it is noting but scrub trees and bushes. Leskinen asked if the trail can come down on the west side of the pond. Leskinen noted there is a sidewalk currently in front of this parcel. Gaffron skated there is no reason it couldn't and that it becomes a matter of where the pedestrian traMe should be directed to. Gaffron skated it probably makes more sense to come around the pond. Thiesse stated the trail becomes less important once the highway is constructed and that he would be more concerned about maintaining the sidewalks along Kelley than constructing a trail. Schwinglcr commented the sidewalk does get used. Thiesse asked if a sidewalk would be required on the north side. Gaffron indicated that sidewalk already exists. Gaffron stated Staff will likely take the application before the City Council at their September 12 meeting and that there is no need for the Planning Commission to take any formas action. Thiesse stated he heard the neighborhood likes the proposal and that the developer should make sura to add the sidewalk, enough parking, landscaping, and meet the 50 -foot setback from the highway. Thiesse stated he would like the developer to have an answer for the council as to how the easterly edge of the property will be handled as it slopes to the pond. Schownit stated when he hears about disputes between developers and residents, he believes it is an opportunity for the City to act as a catalyst to get them resolved. Schoenzcit stated developing in Orono is a privilege and the developer should have a good reputation. Schoenzeit stated it would be nice to hear both sides of the issue and see if something can be resolved. Schoenzeit suggested the homeowners Page 30 of 32 M 1NUTES OF TSE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2016 6:30 o'clock pm. association make a punch list that they include in their purchase agreement and thea hold back a contingency fee so the projects get done. f Thiesse asked alwut the hardcover. Gafi7on stated the reduction fi-am 53 percent to 50 percent is a fairly minor tweak. Thiesse stated he would prefer they not remove the pavilion in order to meet the hardcover. Gori noted the perking next to the pavilion is overflow parking, is not required, and could be reduced. The planning Commission took no formal action on this item. PLANNING 7. UPDATE ON 2016 COMMENTS Barnhart reported on the following MEETINGS Approved the Nesbitt variance on Approved on Consent the Arbor treat 'cation Approved on Consent the 1 of Street app atia� Approved the variances the solar panels at 570 Directed Staff to an approval elution for the JULY 25, 2016, AND AUGUST 8, Island on Consent 'merles Cudd application Barnhart noted the C' some variance training planned that the September 26 and all Commissioners are encouraged to attend. S. OTHER ISSUES FOR DISCUSSION Name Page 31 of 32 will provide on Mike Gaffron Council Exhibit D From: Rose Anna Bradford <roseanna_bredfbMQgmall.com> Sent: Monday, August 15, 2016 3,68 PM TO: Mike Gaffron Subject: Planning Commission Meeting re: senior housing planning commission review Mike, The Association and neighbors to the proposed housing development have a concern for another project by Ashish due to his failure to complete commitments of the two story townhome unit project. Rose Anna Bradford The StoneBay Community Association From: Stuart Ackman[mallto:stualt.ackmanoadamanbaer.cam1 Swt: Monday, August 15, 20161:21. PM To: Ann Ackman; roseanna.bradfnrd@gmall.eom; 'Joe Kem; Deborah Maschoff Subject: FW: timing for senior housing planning commission review See Mike's comment below re: timing for this evening. Stu Stuart Ackman Ado»anliew CDrnmerdai Realty 3.20 Broadway Avenue So#Ah. Suite 100 Wayalta, MN 55391 952-345-W5 (afte) 1612- 2325 (Cell) ggrrrC�l," wl� From: Mike Gaffron m mn.us Sent: Monday, August 15, 2016 1:13 PM To: Stuart Ackman Subject: RE: timing for senior housing planning commission review Stu -- The first three items ahead of it are fairly straightforward and should not take very long. However, the application for a bakery/restaurant for the Navarre Snydees site could easily run quite long, perhaps an hour or more — never can tell. Ashish's senior housing sketch plan application probably Won't be starting before 730, could be somewhat later, probably not much earlier. Mike Michael P. Cvaatfron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) PA. Box 66, crystal Day, IVIN 55323 Phone: (952) 249-4622 Fax: (952) 2494616 Covfeee4 P(go City of Orono PC Exhfbitp Ordtnan+ce_Amendment 1 Zone-change-Appiication 3lrestAddrsaa: Application # 2750 Kelley Parkway Orono, MN 55856 Date Received: Staff ' AAean: 952-249.98pp im 952-249-4898 Fee M&ftAddnwwz Escrow # & $ P.O. Box 68 Crystal Bay, MN 55323-0066 Permit Fee Motes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will nit be placed an Planning Commission Agendas. SITE LOCATION: 6 -?5- _1C "91-L e- Al " A� APPLICANT f AGENT INFORMATION: � � � � � � � ^ � —a -O Name. ASwIS y d r. W,1 -•L - - - Phone (Primary): _ �i 12_ -710 -- 3oy — _ ... Email Address: A4 GA-,ew & y.4Hop, C'V,w Mailing Address: -16121- 5-5-l' 1i e- l!. - City L V1,tdu ._..._Zip: ^ PROPERTY OWNER INFORMATION: 0 check here if property owner is samapplicant Name. Y, o flrl, cLpinfT� e I -L- CA, swrsH AceAtWAI t - 'AA jr,'EVIVRI"�"trc'p Phone (Primary): (.ly -fes --Too Email Address:'4G Gw EJ-NQpc.ow� SwN�r+� MANG�P L pct @ rvAacr��"7• Nom? Mailing Address: 2 L o L YN A,4 iz _Pve .I; LJi-Z& C City: 111N114PaaS7JP: APPLICANT/AGENT ANDIOR OWNER: • Agree to provide all information required or requested by the banning Department • Agree to pay additional fees (staff tune not covered in the original tee paymerrt) and/or consultant expenses incurred in review of this application, and • Certity OW the information supplied is he and correct to the best of his/her knowledge. The apppoantfagent. and property owner recogntas that they are solely responsible for submitting a complete appltcatlon being aware that upon failure to do so, the staff has no atuernativs but to reject It until K Is complete our to recommend the request for denial of the request rsgartweea of Its potential merit: • Acknowledges the E_amm Agreement is completed and signed. • The Own r' hereby acknowledges and agrees to this application and further authorizes remnable entry onto the property by City Staff. consultants, agents. Commission and Council Members far purposes of investigation and verification of this request Owner and/or applicantlagent acknowledge they must be present at all scheduled review nwetings of the Planning Commission and Corex ll. # an applicant arxVor owner Is unable to attend a scheduled meeting, please make arrarrgemwft to have an authorized representative attend in place of the applicantiawner and advise the City Planner asslgned to your project. Applicant/Agent Signature: Gate: 6 Property Owner Signature: ate: Property Owner Signature: Date: 0ftWWV@ArtarrndMrrsr+t1Zww CharrpeAppr+oetion— JWeuary 2015 Pap # 3854 ttavoklytu JUL 10 ?Q15 offy QF- AN®NO PC Exhibit 8 60H and Issociale$ T h e G a m p l e t c a r c h 1 t e c t u r a I s u p p o r t s a 1 u t 1 o n Orono CCRC (Contfnaum of Care Retirement Community) Project Summary: Project Location: This proposed project is located at 2635 Kelley Parkway, Orono, Minnesota. The south property lime of the site fronts Wayzata Boulevard. West. Projekt Description: The CCRC at 2635 Kelley Parkway is a 70 unit, 2 story facility, comprising of 24 Independent Living, 24 assisted living and 22 memory care units. Total site area: 151,234 s€ 3.47 acnes Building footprint: 39,976 sf Total building area: 72,112 sf Number of stories: 2 Building height: (measured from i- floor level to the midpoint of the roof slope): 38'-0" Demsity requested: 15 units I acre = 52 units. (The density calculation has been applied to the Independent and Assisted Living units only) Number of units requested: 48 (24 IL + 24 AL units) and 22 Memory Care units Amenities include the following: 1) Dedicated Dining Rooms for Independextt Living (IL), Assisted Living (AL) and Memory Care (MC) residents 2) Dedicated activity rooms for 11, AL and MC residents. 3) Movie Roam common to IL and AL residents 4) Beauty Salon I Spa common to IL and AL residents 5) Daily structured social activities 6) Enclosed outdoor patio for MC residents 7) Landscaped garden for 1L and AL residents 8) Pub/ Cards / Billiards room 9) Fitness room with hydrotherapy 10) Rooftop patio with great views of Wayzata Boulevard West. 11) Lowen level conditioned paeldng spaces for Independent units: 1 stall / unit. 12) Picnic Pavilion. This pavilion is far use by the neighbors as well. Conclusion: Senior Care and housing will face an acute shortage for the next 20 years. Additionally, this project type is the least intrusive with regard to pa6 ing requirements and noise levels. Furthermore, the building is built to an I-1 occupancy (Assisted Living) which requires the incorporation of more stringent building codes as opposed to a standard apartment building. Therefore, this project would provide a higher level of security for its residents and the neighborhood as a whole and enhance the property value of the adjacent buildings. 1%4.Ve1vICU 4633 1" avenue south, MimmpoHs, MIN 55419 JULTel: 612-232-9539 Fax: 651-305-6N4 L 2 Q 2416 yuenC�gari-sFgo�istes.Com 3854 0" OF ORONO SENIOR HOUSING COMMUNITY, ORONO, MINNESOTA JUL i a Y016 Senior housing Community, View (taut Wayzata Boulevard West GranawMft b PROMUT OAT& mrc wv P+ +M! Kmaaw K,r fans a raurxe roM1rnwr NeFN name n eoewA�unKwAr usx µan s trnA: mrawwua ANP& n.,e: w ISMr a mra Ma Andr 6'MAm6IInmIM1 1 MRYIK! Iw- tla,atwi0 FAPI 1M/ rtapa re Maam a row warp Ilrllel'1 uaLCarm ,s ;m>s / orae .�mTM s,mwn�mi m�e '; oa ,mar. aRu tnwwuu, se tlg GORI & ASSOCIATES ,e>s n twmatiri Yr.pa. MN9JlV rr pr�ammaeee ru metymeau PAMKM OATH: Me¢�momr ulxa ewrm u store 11 9rALL / teaO lapto�arM�ie% mill +e aura loner Ov¢ sena a ermu n trio / e eooep wru wawa nwmt rums. vAealm PAaraem x srur_a IPlwtl LL141 PMIYNR s PaMww rxemtc mMtnta auewe ra trAue anFea n.amn; SCWWAM OMW PACKAM m/m/ia PO ExhatkC A 1.0 May pmwy AM ow- ------------------ L:/ �.:r� • a -Fri"'' i� 4-- -- — — — — — — JUL z 0 2016 CIYYOFORONO -------------------------- KELLEY PARKWAY C Z kmmawm m I[:.:=: I �-- � I----------------------------- F I f .. JUL 20 WS �,lanM ------------------------------------------ /I I CONNECTExpLoFtEK C4 .1 ��IhfYp spy.. i0. �a. /S fid SS AI; ��' - /✓; Ir "t,q ��s•� �. e'''� ,�� � `� nup:Ado- DVI?FA15 (?018)- ! krAp I vfB 31 . 7iT all, oil PCEKhmHE .� ' 2030 Land Use Plan r City Of Oran Minnesota R IFukim umu Un CntegWim Rugal (7 PAW) fiwal Rendedel (7 anla4 s) ©lawDVinWRa dWM foss UHWWI UW4A@7l= Weft R«ManN (29 WW.0) Madam deml4' Rmldandel (3-7 uee7sJ j Mad[u Hlph OamW PjWAwdal(7A0 unhaha} Hph Ovely WmxpNAito-t6 unlWeal ' Mhud UN ReebMM (MS VA W-A ' or" -® -WONr Pmrk PAwmamd. aro Ppm space I - hnCaalplffi —Pmpmd MUSA 1 anon vomer [� P..m �y,p t Ratlnud ckyu.1e l S 7P r : _ CMP Part 3B. Land Plan PC Exhibit F 1. All dwelling units shall be contained within a single residential building that duan not etteed two (2) storks in height and have a footprint of no greater than 30,000 square feet, 2. The residential building shall maintain a low -profile and be designed in a residential archiununai style fat blends with the natural surroundings of the site. 3. The development shall be subject to the PUD development process, and shall be rezoned to RPM Reddential Planned Unit Development. The entirety of the property shall be so developed as a single PUD project. 4. The development shall be served with municipal sewer and water. 5. The development shall adhere to all regulations of the City with respect to wetland protection. 6. The development shall adhere to the principals of Conservation Design as established through the Orono Rural Oasis visioning process. 7. Site development shall be designed and constructed in such a manner that projects a rural character as viewed from Wayzata Boulevard as motorists enter the cities of Orono and Long Lake from the east. S. Site development shall be designed and constructed in such a manner that minimizes the visual impact of density as viewed from the Luce Line `[Pail. 9. Site vehicular access shall be via a single connection to Wayzata Boulevard. The ,above tables correspond with Map 3B-7. URBAN COA0WRCTAf=1. 36 41 ~ LAND USE Urban commercial development is limited to two areas which are provided with all the necessary urban services and facilities. NAVARRE COMMERCIAL DISTRICT. The major commercial center of Orono will continue to be the crossroads center of Navarre. This area will provide sufficient opportunity for neighborhood retail and service businesses, plus adequate professional offices, to serve the needs of most Oxxmo residents. Accessory ftcraons such ea offices and owner -occupied living units or limited multi -family developments will be considered appropriate in or near the Navarre commercial area. The scale and type of retail uses in a pedestrian -friendly environment is the most important development parameter for the Navarre o mmercial area. The City will encourage redevelopment of individual commercial sites in Navarre to allow for an expanded range of neighborhood services and local small business opportunities. The Navarre Cannmercial District extends along either side of Shoreline Drive from the intersection of County Roads 15 and 19 westward to the Orono -Spring Park border, and along both sides of Shadywood Road from Lyric Avenue to Lydiard Avenue. The commercial uses along these intersecting corridors are typically only one tier deep, with virtually all commercial properties abutting either Shoreline Drive or Shadywood Road. Additionally, the commercial City of Orono Community Management Plan 2008-2030 Page 3B-37 properties are not continuous, with residential properties scattered among them, making for a somewhat fragmented business district that is spread out over a mile in length from end to end. Along these two corridors the second tier of development is typically residential; hence the business uses in many cases are in close proximity to individual homes. Past City planning efforts for the Navane area have identified a number of challenges to be addressed as Navarre redevelops in the years to come: 1) High traffic volumes and the existing traffic management infrastructure result in poor pedestrian accessibility. Pedestrians have limited options for crossing CR 15 or CR 19. The Park and Ride facility location and intlexib ty of bus routes (partially due to the location and configuration of the P&R lot) requires that bus patrons cross CR 15 on at least one leg of their commute. 2) Parking availability is a limiting factor for expansion or redevelopment of existing businesses. 3) Beautification efforts are hindered by mad width and right-of-way constraints as well as financial constraints. 4) Aging buildings are ripe for redevelopment yet provide low rental rates that allow local businesses to survive and thrive, reducing the incentive to redevelop. 5) There is little architectural cohesiveness among the existing buildings. Navarre hasn't decided whether it wants to be urban (buildings against the street, parking in the rear) or suburban (buildings set back, parking at the front) in character. 6j Compatibility of certain business uses with the closely adjacent residential neighborhood can become an issue. 7) Expansion of pedestrian connectivity to adjoining neighborhoods and to Dakota Rail Trail. 8) Introduction of higher density mixed use (residential and commercial) development to select sites identified in the Land Use Plan. ORONOJLONG LAKE COMMERCIAL AREA, An additional commercial area is designated along Old Highway 12 (Wayzata Boulevard) where the availability of transportation and utilities as well as proximity to similar commercial developments in Orono and Long Lake, make commercial use appropriate. City of Orono Community Management Plan 2008-2030 Page 3B-38 Orono will coordinate its commercial development planning related to Wayzata Boulevard area with the City of Long Lake to ensure the Long Lake downtown area remains vital and viable, to focus retail development in a compact downtown retail area, and to prevent the extension of retail development west of Willow Drive in Orono. The retail development in the Wayzata Boulevard area will be community or neighborhood scale rather flm `big box' regional scale development. The types of retail uses will be those that focus on providing services to the residents and businesses of Long Lake and Orono, while also drawing from the reduced traffic stream on Wayzata Boulevard resulting from opening of the new Highway 12 corridor. However, the retail development is not to draw substantial traffic from beyond Orono. The development plans for the Highway 12 area will encourage locally -owned and operated businesses that provide services to Orono and Long Lake residents. Additionally, the Highway 12 retail area will be a pedestrian -friendly area. This involves providing trails/sidewalks along the roadways providing access to the retail uses. It also involves providing public amenities that provide a sense of place and provide a gathering place for the public. The commercial areas along Wayzata Boulevard within Orono are identified in Map 3B-7 and include the following: 1. Property abutting the north side of Wayzata Boulevard from Brown Road. North to Willow Drive. This area was reviewed as part of Comprehensive Placa Amendment No. 2 in 1989, resulting in a guide plan calling for commercial uses abutting Wayzata Boulevard with primary access to a service road connecting from Brown Road to Willow Drive, and elimination of direct access to Highway 12. The area is currently bounded on the north by existing residential development at densities ranging from 1 unit per 2 acres to 1 unit per 1.3 acres. The western half of this area has since been developed via PUD as a nursery/garden center with included leasable commercial spaces. The east half of this area includes, a 10,000 s.ft office building, a strip shopping center, a small quasi -industrial machine shop operation, an office - condominium development, and a 62 -unit senior independent living apartment building. The City Council in February 1998 adopted a General Concept flan for development along Wayzata Boulevard indicating that the Council,& vision includes community scale retail development (as opposed to regional or `big box' scale development) focused in a more compact area in or near downtown Long Lake (closer to Brown Road than to Willow Drive, at least in the short term) fior the following reasons: City of Oxon Community Management Plan 2008-2038 Page 3B-39 I. Focuses on downtown Long Lake remaining a strong retail area, and helps preserve owner -operated small service businesses in Long Lake which are vital to Orono and bong Labe residents. 2. Focuses on maintaining a vital downtown and "sense of place" for both Long Lake and Orono. 3. A compact retail area encourages pedest six activity. 4. It is easier to plan, coordinate and control the development of a more compact retail area than an extended retail strip. 5. Focusing development toward Brown Road could strengthen the ability to obtain desirable development on the north side of Wayzata Boulevard east of the Otten Brothers Nursery. 6. Enables better control over the amount of retail development that occurs along Wayzata Boulevard. 7. Provides the opprntunity to generate stable }obs in office, high tech, medical, etc. 8. A more compact community scale retail area matches the design of new Highway 12 with no interchanges through Long Lake, 9. Limits the impact on north/south roadways (i.e. increased traffic and activity levels) as compared to the more intense "big box" retail uses. 10. Maintains a lower activity level in the area west of Willow Drive, 11. Would create less pressure for providing an access from new Highway 12 to the retail area. Orono's 2000-2020 CMP reguided the easterly 4 acres of this area to allow for development of senior housing The remainder of this area should be developed with at mix of commercial uses including retail, service and office components. Access via a service road paralleling Wayzata Boulevard is still desirable rather than direct access to Wayzata Boulevard, since traffic levels are expected to again creep upward, and the long-term need for a service road may again manifest itself. For this reason, it is in the best interests of the City and the business community to preserve at least a partial service road corridor between Brown Road and Willow for future use which will provide all properties with access options other than direct access from Wayzata Boulevard, The City supports the City of OrOna Community Management Plan 2086-2030 Page 3B-40 development of a "mid -point" connection to Wayzata. Boulevard directly across from Brimhall Avenue or Shaughnessy Avenue, such access to be at least a right -in, right -out configuration. Further, if and when the service road is constructed, all other existing accesses directly to Highway 12 should ultimately be removed. 2. Property abutting the north side of Highway 12 from Willow Drive to Old Crystal Bay Road, As part of the 1989 Comprehensive Plan amendment, the City guided the portion of this area directly adjacent to the north side of Highway 12 for commercial development. At that time, the City was not clear about the type of commercial development that should be planned for this area. The 2000-2020 CMP further refined the intent for this area, establishing that the optimum development in this area would be office development. Ofl ice developmentcarr provide services far Orono residents, can provide facilities for businesses owned by Orono residents, and can provide quality employment opportunities. The development of this area for office use versus retail use enables the Wayzata Boulevard retail am to remain a more compact pedestrian - friendly retail area versus a non -cohesive extended strip of retail development. The City's intent is to have a single tier of office uses between Kelley Parkway and Wayzata Boulevard, with residential uses north of Kelley Parkway. Parameters for commercial use of this area are as follows: 1. The area affected is property lying between Kelley Parkway and, Wayzata Boulevard, west of Willow Drive and east of Ohl Crystal Bay Road 2. Allowed uses in this area include professional offices, limited service uses, and retail uses accessory to the office use. 3. Access to all uses will be via. Kelley Parkway. Direct access to Willow Drive, if allowed, shall be right-inhight-out only. There shall be no direct access points onto Wayzata Boulevard. 4. "Big box" retail uses will not be allowed within this area. LAKESHORE CONMURCIAL LAND USE Lake access and lake user service businesses are appropriate for a lakeside community and require a lakeshore location. Special performance standards are necessary to assure protection of the lake environment and protection of neighboring properties. City of Orono Community Management Pfau 2008-2030 Page 311-41 PUD NO.4 AGRLEWNT EXHIBIT X SPECIAL CONDITIONS Transportation PC Exhibit G a) Kelley Parkway shall be platted and constrarted by the Developer as a two-lane public roadway with appropriate turn lanes per the design and specifieadons as shown on the approved design, Sheets 04.11 and 04.12. Appropriate traffic oontrol and parking signage on Kelley Parkway shall be installed by the developer subject to the City Engineers review and approval. Developer attall also be reapmasible for construction of public road improvements to WMow Drive as shown. on Sheets C4.20 and C4.21. The City weer shall inspect all road construction at the appropriate stages to cusum specifications are met, The Developer shall provide a 24 -month warranty on all street construction including utilities, sidewalks, landscaping and luting, b) On -street parking will be allowed on the north aide of Kelley Parkway only, within the 8' parallel partcing'burnp-outs' as indicated on the approved Plans. The libel reed design shall ensure one of maintenance for snow removal. c) The interior streat system arid sidewalks within the common areas of the residential portion of 1 he development shall be privately owned and maintained, with the exception of the Public Trail located along Willow Drive. The appropriate City standard private street and utility easenu is shall be required over all streets and utilities within the common areas. Maintenance of the private streets and siidewallcs will be the responsibility of the Developer or an incorporated homeowner$ association. d) ne interiorroad system shall be cnnsizucted perthe specifications as shown on the ap9mved plans, Sheets 04.13 through 04,19. Appropriate traffic control signage for all interior streets shall be installed by the developer subject to approval of" City Engineer, There shall be no parking on interior streets except at designated parking areas. e) The emergenceuse-only c onnectionbetwew tha Sandstone Lane cul -d sac loop and Kelley Parkway shall be consimcted,;naint ined and signed to ensure emergency vehicle access is maintained in all seasons while physically pmlo-biting general traffic use. Final design, shall be subject to approval by the City Engineer. f) An 8' wide bituminous surfaced public pedestrktAicycle trail shall be constructed by the Developer within Outlots B, C, H and Lot 46, Block 1 in a curvilinear fashion as depicted on Sheet C2.1. This trail system shall be constructed in conjunction with Phase I of the development. g) An 8' wide bituminous surfaced public pedeshian/bicyole trail shall be constructed by the Developer within. Outlot A along Willow Drive in conjunction with Phase 1 of the development to ensure that the area designated for trail use is not commercially developed. Page I of 4 h) An S' wide bituminous surfaced public pedestdanlbicycle trail shall be consiruated by the Developer or his successors in ownership wi in Outlots A and D along Highway 12, cam umft to the trails constructed in Phase 1. The wnstrouflon of (heportm ofsaid public trail adjacent to Highway 12 within Outlots A and D maybe deferred until a deem nination is made whether the Highway 12 boulevard area will be converted from a rural section to an urban section andlor until Outlots A or D are developed for commercial uses. The trails along Highway 12 may be located within the Highway 12 right -of way if a. 2tY separation is maintained from the traveled roadway of Highway 12, and if MnDO T approval is obtained, Portions of the trail may be located withia the right of way of Kelley Parkway north of the stamwater pond. The trail shall provide a continuous connection along Highway 12 from the east boundary of the property to the west boundary, connection across the stormwater pond area may be along Highway 12 or may jog up to and bads dawn from Kelley Parkway along the stormwater pond perimeter. i) The City shall be responsible for maintenance ofthe public trails upon fluir completion and acceptance. Public easements including a suitable shoulder width shall be granted over all the public trails not located in dedicated right-of-way. j) Sidewalks alongboth sides of Kelley Parkway shall beprovided bythc developer as depicted on the approved plan sheets, including 5' cotwrete sidewalks separated from back ofcurb by 81 to accommodate; deciduous trees and iandsoaping in boulevard. k) All trails and sidewalks, wheffier publio or private, shall be installed concurrently with the residential development phases and prior to occupancy of residential units. 1) Maintenaaure of the sidewalks within the right -of way of Kelley Parkway shall be the responsibility of the Developer or the homeowners association or commercial maintemmoe assoomon. 2. Utilities and Starmwater Mimagernent a) Developer shall construct mvWcipal sewer and waterlines as shown on Sheets C4.1 through 04.10, subject to final design detail approval by the City &aginew. The Developer shall provide a L4 -month wawmty on all utility constnm ion. b) The Citywill own and mehitain the sanitary sewer and water mains within the development. The City will inspect these systems during their construction to ensure groper installation. Developer shall grant Drainage and Ut&tyEasements to the City of Orono over all municipal sewer and water lines and facilities, including the tights of way necessary to maintain same. c) Applicants' architect shall submit final development plans to the Metropolitan Courjcil Environmental Seances to determine the exact number of SAC units to be charge, at the time of the is uence of building permits. d) Developer shall construct stormwater management facilities as shown on the approved plans, Sheets 04.11 through C4.21.. The stormwater drainage system outside ofpublic rights-of- way will be owned and maintained by the homeowners association. Page 2 of 4 e) Developer shall construot a regional stormwater pond within Qutlots Band C and within the MnDOT right-of-way per the designs and sperifica#ions as shown on Sheet C3.2, subject to Developer obtaining the appropriate parrnits for such Use from MnDO3'. The regional pond is intended to accommodate atomwaterzunvffirom the development as well as for the entire upstream watershed. Zhe regional stormweter pond shall be maintained by the Developer during all pbases of development, after which t1w StaneBay CommunityAssociadon shall be responsible for maintenance. In the event that MnDOT approvals require that the City be responsible for maintenance ofthe regional stormwaterpond, the aforesaid Association shall aocTt the financial obligation for such maintemee. t} i)eveloper shall provide record plan sets for all utility construction in a timely roamer as required by the PUD No. 4 Agreement. 3. Welland Impacts a) O.rono's 26' wetland setback requirement (,Zoning Cods Section 10.55, Subd. 8) which disallows falling, gmdin& Wig, excavation, hardcover, temporary or perrnenent structum obstructions, septic systems, wells or other construction, is in effect on the site. Final grading and site plans, Sheets CM through C3.8, indicate those locations where grading or filling within the 26' setback is necessary to accomplish the Plan. b) A variance to Section 10.55, Subd. 8 a been granted to allow the minbtW fillingwithinthe 261 wedaud setbacks whem buildings abut the 26 setback line as shown onthe approved plan sheets. A wetland sdback variance has been granted for enomacbment of buildings, retaining wails, roadways, trails and hwdcover within the 26' wetland selback as depicted on Shy CM through C3.8. c) The City specifically aclmowledges that 1.05 acres of City protected' wetland are to be filled or otherwise impacted as part of the project. The Developer shall comply with all specified requirements of the MCWD in regards to mitigation and protection of wetlands on the site. 4. Gradtng, Rrosion Control a) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas". b) The Developer shell complywith all conditions eaumcrated in the Erosion Control mono by Bonestroo & Associates dated October 3, 2002. c) All erosion control measures as required by the City and the MCRiD shall be in place, inspected and approved by the City Engineer prior to commencing excavation ion the site. d) All such erosion control measures shall be maintained in working order prior to, during and after the project until redeased by the City Engineer, subject to weekly inspection or as necessaryuntil the site is revegetated. Page 3 of 4 e) Due to the Phasing of the project and the resultant lengthy period of time the site will be under construction, the Developer shall as a condition ofthe PUD No. 4 Agreement provide an escrow (amount to be determined) to cover theinspeciion costs of ongoing erosion control inspections. ij The Developer shall obtain all necessary permits (including but not limited to NPDES. MCWD and MnDOT permits) from the appropriate agencies for arosiou control prior to commencing excavation on the site. g) In the event thatthe Developer'slw DES PaMitTequires aBestNIanqpne& 13tacticesPlan, such plan ah& be submitted to the City prior to commencing excavation on the site, h) The construction limits shall be clearly marked with adequate fencug to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Prior to commencing excavation on the site, Developer shall identify trete to be preserved, shall mark them on a site }plan, and shall take estraordbmy measures such as fwdng, signage, etc, to ensure they ere not disturbed.. 5, Other General Conditions a) Monument signs as depicted in Sheets L7.1 and others maybe provided by the developer at each entreaw to the RPUD development site. 7 he signage $hall be limited to a de mlop7meoat name and/or logo and street address on the monument signs. Any changes to the fival desigUmaterials of momm mt. signage from those shown an the approved plana shall be subject to approval by the City Council. b) Any design, material or apeciS.cation revisions from the approved plans involving straets, utiliiaes, arm sewer AwZities, grading or the regional pond shall be subject to approval by the, City Engineer prior to implementation of such changes. e) Any design, material or specification revisions from the approved plans involving dwelling unit design guidelines, architectural styles, building location, site landscapb& and o&w approved/required site amenities, shall be subject to approval by the Plamriug Director and may be subject to review and approval by the City Council at the discretion of the Plannirug Director. d) Prior to release of the final plat, City Attorney shall review and approve the covenants and documents describing the cieation, swxture, rights, obligations and responsibilities of the various homeowners associations serving the development. The covenants shall include conditions of this resolution that have not been met w of the release of the plat, provide common scow easements for a mb lot that receives aeoess from a shared private street or driveway, and shall provide for maintenance of all cowman areas. Page 4 of PUD No. 4 Agreement - STONEBAY EXEIBIT M - Schedule of Development Fees Comn=weanent of Phase One improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees (Park Dedication Fee, Storm Water and Drainage Trunk lee, and Sewer and Water Connection Charges) for phase One. Commencement of Future Phase improvements shall not occur until Developer has made payment to the City of the prorated portion ofthe Development Few associated with said Futa a Phase. The Development Fees for each Phase shall be based on the proportional acreage. or mrrnber of units within each Phase depending on the method of calculation of each fee, relative to the total project, as defined below. T. Park Dedication Fee Fee Calculation Basad an Ordinance A. Commercial (}utlo . The patio fee for each of the commercial outlots (Outlots A and D) shall be due upon City Council approval of a development proposal for each lot and shall be paid prior to issuance of permits for construction within each Outlot. The amount of the park fee for'the aornmercd41 outlots by City ordinance is 9% of the Land Fair Market Value prior to development. The combined Land Fair Market Value for the commercial outlots is established at $1,237,126 based on the combined area within the Oudots of 7.19 acres $3 99s.f. established value per ware foot. Fear Mit Value — 7.19 a= x 43,560 s1lacte x $3.95/s.f = $1,237,126 8% Pwk Fee - 0.08 x $1,237, I26 — $98,9x10 Minlmaxx range chw& (must be betwem $8,1251ac amd $13,8751ac): $98;970/ 7.19 acres - $13,765/ac_ B. Residential. The residential park fee is based on the value of the land being developed residentially. The park fee for the residential portion ofihe developmentby City ordinance is 8% of the Land Fair Market Value prior to development. The established value of the land isbased on the developers purchase price of fie residential portion of the property which is $4,622,083. 8% Park Fee — 0.08 x $4,622,083 a $369,767 Mm/max range W=k: (must be between A250ftit and $5,550/ mit) $369,767/162 units — $2,283/unit (below inquired min-ftx muga) Mki unun lice applied: 162 suits x $5,250hmit = $526,300 rbc A. Residential. Proration of Fee Payments: The number of dwelling units within each Phase divided by the total number of units within all Phases shall determine the fraction ofthe total fee due. B. Commercial. Proration: if Outlots A and Dare not developed at the same time, the acreage ofthe outlot being de --eloped divided by the total acreage of both outlets shall detennine the fraction of the total fee due. Page l of 4 IL Sewer and Water Connection Changes (SWCQ Fee Calculation Based on OrdivaucB: 1. Sanitary Sewer Connection Charges 1989 Highway 12 Area. ................ -.w ............ $5,3211.00 per acre Residential Portion: 44.26 ages x $5,320.00/um = $235,463 Ccnnmemial Portion: 7.1.9 aam x $5,320.Wacre — $38,251 2. Municipal Water Connection Charge 1989 Highway 12 Area ................................. $8,795.00 per a= Residential Portion: 44.26 acres x $8,795.001acre — $389,267 Commercial Portion: 7.19 acres x $8,795.00/acre = $63,236 Residential Total SWCC = $235,463 + $389,267 = $624,730 Commercial Total SWCC = $38,251 + $63,236 = $101,,486 I�f�asin A.ixL ; Sewer and Water Cormec ion Charges (SWCC) shall be converted to a `per unit' basis for purposes of collection prior to commencement of ea& Phase per the following formula: B. $624,730 x Number of dwelling m&x In Phase 162 SWCC Due Prior to Cou mejmeement of phase B. Cammercial. Proration: If Outlets A and D are not developod at the same time, the acreage Of the otrtlotbeing developed divided by the total acreage of both outlots shall det ermine the fi tenon of the totes Commercial SWCC Clue, M. Storm Water & Drainage Trunk Fee Fee C_ �q�lation Based on Ordinuw Multi -Family: 4 or fewer Units/Acs........................ $4,860.00 per acre Multi Family: greater than 4 Units/Acre.................. $5,670.00 per acre Commercial.............................................................. $6,480.00 per acre Gross Commercial SW & DT Fee: 9.90 awes x 56,480.00/acre = $64,152 Net Commercial SW & DT Pee: 7.19 acres x $6,480.00/a= = $46,591 Transfer to Residential: $17,561 Residential SW & DT Fee: 41.55 acres @ 5 unitslacre = 41.55 x $5,670 = $235,600 Transfer from Commercial: $17,561 Total Residential; $253,149 Page 2 of 4 Lim A. Residential. Proration; The number of dwelling units within each Phase divided bythe total number of units within all Phases shall determine the fraction ofthe total SW & DT fee due for each Phase B. Commercial.. Proration; If Outlots A and D are not developed at the seine time, the mage of the outlot being developed divided by the total acreage of both outlots shall detmmine ft fraction of the total Commercial SW & DT fee due IV. Credits A. Park Fee Credit for Trails Construction. The developer shall be granted a credit toward park fees for the costs of consftuction (but not the land cost or easement cost) of 1hepublic trail that will be required along Willow Drive and through the oommemial outlots, not including sidewalks along Kelley Padway or witbin, the residential development. At an estimated construction cost of $20 per lineal foot, the trail credit is estimated to be atotal reduction of approximately $68,44(). The City Engineer shall verifythe achW costs of trail construction for purposes of determining the fmal credit amount. B. SW & DT Fee Credits. 1. Developer shall be edited for provision of excess capacity in water lines the City has required to be 12" vs. 8" and any offsite watermain improvements. 2. Davdoper shall be. credited for a portion of the costa to construct the regional pond and offefte drainage facilities, such credit to be based on th,e dif£wace between the cost of a pond with capacity needed to serve just the StoneBay and associated commercial developnremt, and the cost of the regional pond and ofFsite drainage facilities. Developer shall caledate this cost differential and City Engineer shall verify. 3. Developer shall be credited for the achud cost plus 12% design cost for incremental cost/benefit of providiug storm sewer to the properties to the west of StoneBay (Le. 2 dental office sites). C. Credit Format. Ctedits will be in the form of a reimbursement to the Developer for actual costs as verified by the City Engineer. V. Inflation Adjusbn mts A. ParkFees. Park Fee amounts as established in this Exhibit shall notbe subjeci to inflationary adjustment Page 3 of 4 B. Sewer and Mater Connection Charm, For any Phase for which Final Plat Approval is granted after Dumber 31, 2003, the Sewer and Water Connection Charges due shall be recalculated based on the then cnr=t City Fee Schedule SWCC rates. The Developer shall be allowed to prepay SWCC fees for fume Phases at the 2003 rate no later than December 31, 2003. C. Storm Water & Drain a Trunk Fees. For any Phase for which Final Plat Approval is granted air December 31, 2003, the SW & DT duo shall be recalculated based on the then ezrent City Fee Schedule SW & DT rates. The Developer shall be allowed to prepay SW & DT fees for future Phases at the 2003 rage no later than December 31, 2003. VI. Pending MnDOT Stormwater Pond Charge MnDOT has established a $35,000 charge to the City for construction of the existing stoimwater pond within the M MOT right-of-way. If the City is unsucrosM in eliminating this cliarge, the Developer has agreed to pay a portion of this charge, amount to be esiabhelmd, per the Devzloper's letter of October 2, 2002 on file in .the City Offices. Page 4 of Orono, MIN Code of Ordinances Page 1 of 19 DIVISION 11. RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTm PC Exhibit FOOMMW —(.)— cross:e&,ome Planned unir development 178-1001 er seq, Sec. 78-621. - Purpose. The purpose of the residential planned unit development (RPUD) district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Pian ("CMP" or "comprehensive plan"). The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept. The RPUD district will encourage the following: (1) Flexibility Inland development and redevelopment in order to utilize new techniques of building design, construction and land development; (2) Provision of housing to meet lifecycle, and affordable and moderate cost housing needs, (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; (S) High quality of design and design compatible with surrounding land uses, including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city; and (7) Development which is consistent with the comprehensive plan. (Ord. No. 202 2nd series, § 1(1), 2-26-2001) Sec. 78-622. - Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived, unless such application is requested by the property owner and approved by the city council. (Ord. No. 202 2nd series, § 1(9),2-26-2001) about:blank 818/2016 Orono, MN Code of Ordinances Sec. 78-623. - Permitted uses. Page 2 of 19 Within the RPUD district, no structure or land shall be used except for one or more of the following uses: (1) One -family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area In the comprehensive plan. (Code 1984, § 10.20(2); Ord. No. 202 2nd series § 1(2), 2-26-2001) State Law reference— State mandated permitted uses, Minn. Stat. § 452.357, subd. 7, Sec. 78-624. - Conditional uses. Within the RPUD district, no land or structure shall be used for the following uses except by conditional use permit: (1) Pub icservice structures. Pubiic service structures, including but not limited to electric transmission lines, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans Involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities. Assisted living facilities as defined in this chapter, subject to the general aboutblank 818!2015 Orono, MN Code of Ordinances conditions and multifamily -specific conditions applicable to uses In the RPUD district. (Ord.. No. 202 2nd series, § 1(3), 2-26-2001; Ord. No. 75 3rd series, § 1, 7-12-2010) Sec. 78-625. -Accessory uses. Within any RPUD district, the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools, tennis courts, and paddocks. Page 3 of 19 (3) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376. and the licensing provisions of 1tgUgn 26-7f. when applicable. (4) Signs, as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses, including aviaries and decorative landscape features. (7) Communication reception transmission devices as follows: a. Accessory antennas, which shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts, provided they meet the following conditions: Height. A ground -mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards.Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. about:bhmk 8!8!2016 Orono, MN Code of Ordinances Page 4 of 19 Buddingpermlts. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a slte plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. 6. Lightningprotection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. S. Color/content, Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yard& Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the properly line. (8) Privately owned buildings to be used for recreational or social purposes, or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses In this district. (Code 1984, § 70.20(4); Ord. No. 161 2nd series, § 6, 6.7-1997; Ord. No. 202 2nd series, § 1 (4), 2-26-2001; Ord. No. 221 2nd series, § 3,9-23-2002*, Ord. No. 106 3rd series, § 12, 6-10-2013) Sec. 78-626. - Development standards. Within the RPUD district all development shall be in compliance with the following: (1) about -blank 81812016 Orono, NIN Code of Ordinances Page S of 19 Minimum area; shoreland drstrictlimitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of Importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan, d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses Each property rezoned to RPUD shall only be used for the use or uses for which the site Is designated In the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. if a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. (3) 5eweravailability. A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use, the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities about:blank 8!812016 Orono, MN Code of Ordinances Page 6 of 19 contemplated in the comprehensive pian shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals, Incentives may include modification of density (only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Ploorarea ratio. Floor area ratios (FARs) shall be limited per the following table: Comprehensive Plan Designation Low or medium density residential (up to 50 and including f 6.0 units per acre) High density residential (in excess of 6.0 units per acre) *FAR =Total Building Floor Areafrotal Lot Area Maximum Floor Area Ratio* 0.5 1.0 Individual lots within a development In the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple -family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be about:blank 8/8/2016 Orono, MN Code of Ordinances Page 7 of 19 determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including decks and ramps, shall be 35 feet from local streets and 50 feet from all other street classifications, except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater, when adjacent to residential properties; 35 feet,, when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site. Where industrial uses abut developed or platted single-family lots outside the RPUD site, greater exterior building and parking setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may Include the use of natural topography or earth berming, existing and proposed plantings and other features, such as roadways and wetlands, which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and Industrial property outside the RPUD. b. Heightlimitations For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shall apply. For properties currently zoned or guided In the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple -family building will be allowed. c. Outside storage limitations Building materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Develop"mentstandards forsingle-famlly detached dwellings In the RPUD district. Each RPUD site developed for single-family detached dwellings at medium density (i.e., densities ranging from one unit per acre to six units per acre) shall be subject to the following standards. a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. about:blank 8/8/2016 Orono, NIN Code of Ordinances Page 8 of 19 c. Minimum lot width at the setback line: 90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50 -foot setback on collector or arterial streets, as defined in the comprehensive plan. f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section. Structures in side yards abutting another residential zoning district shalt meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 24 percent of the depth of the lot, whichever is less. h. Building height: maximum of 30 feet. 1. All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures, except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet In height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one 4ulldlngallowed. More than one building maybe placed on one platted or recorded lot in a RPUD site. (10) about:blank 818/2416 Orono, MN Code of Ordinances Page 9 of 19 Single housing type permitted. Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area, Each RPUD development shall provide a minimum often percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership. All property to be Included within a RPUD development shalt be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants, (14) landscaping screeningand buffering. a. Landscape plan requirements Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads, trails and other improvements; 3. Proposed grading plan with two -foot contour intervals; 4. Location, approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions; 6. planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms, fences and planter boxes; 8. Details of restoration of disturbed areas, including areas to be sodded and seeded; 9. Location and details of irrigation systems; and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements 1. about:blank 8/812016 Orono, MN Code of Ordinances Page 10 of 19 All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and groundcover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials In a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements vegetation Type Size Overstory deciduous 2.5 -inch bb (Caliper) trees Coniferous trees 6 -foot height bb Understory shrubs 3 -gal. potted or 18 - inch Ornamental 1.5 -inch bb (Caliper) deciduous trees Quantity One tree per 1,000 gross .square feet of building footprint area or one tree per 40 lineal feet of site perimeter, whichever is greater. Minimum of 30 percent of required overstory trees must be coniferous One shrub per 300 gross square feet of building footprint area or one shrub per 30 lineal feet of site perimeter, whichever is greater. Not required; but two ornamental deciduous trees may be substituted for one required overstory deciduous tree (maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees: The city council shall have sole discretion whether credit shall be granted for existing healthy trees about. -blank 8/8/2015 Orono, MN Code of Ordinances Page 11 of 19 In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in subsection (14)b of this section may be adjusted by the city to allow credit for such material, provided that such adjustment Is consistent with the intent of this division. . A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2Y`z inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 116 inches. 4. All site areas not covered by buildings, sidewalks, parking lots, driveways, trails, patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural' state. 5. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two- family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shah be provided for all landscaped areas, except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species. The city shall maintain a list of prohibited species, which shall not be used for landscaping. c. lnterlor parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100 -stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided atthe rate of one tree about:blank 8/8/2016 Orono, MN Code of Ordinances Page 12 of 19 for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance oflandscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris:. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with pians prepared by a registered engineer or landscape architect. f. Landscapingperfarmance security required. When screening, landscaping or other similar improvements to property are required by this division, a letter of credit shall be supplied by the owner in an amount equal to at least 136 times the value of such screening landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping. The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at Its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping, if the delay Is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension Is granted, the city shall require such additional security as It deems appropriate. g. Screening and buffering. The following uses shall be screened or buffered in accordance with the requirements of this section: 1. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. aboi t:blank 81812016 Orono, MN Code of Ordinances Page 13 of 19 li. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads, iv. Trash storage facilities shall be screened from all lot lines and public roads. V. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal bullding. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection (14) of this section shall be of a height needed to accomplish the goals of subsection (14) of this section, Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection (14) of this section shall be measured at the time of installation. (15) Archltectural standards a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture In connection with a site and building pian. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating, ventilation and air conditioning equipment, b. about:blank 8/812016 Orono, MN Code of Ordinances Page 14 of 19 Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings. The city may, at its discretion, allow architecturally enhanced block or concrete panels. C. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground -mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures (the term "substantially renovated" shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexiblllty. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adhererice to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. (17) Trafrestudies The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those Impacts. The plan may Include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary Improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability. The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Llghtingstandards All RPUD -developments shall be subject to the general performance standards for lighting In this chapter. (21) about:bl 818!2016 Orono, MN Code of Ordinances Page 15 of 19 Tralls When any portion of the project Is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available, at the city's discretion the trail may utilize the public rlght-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No. 2022nd series, § 1(5), 2-26-2001; Ord. No. 943rd series, 9� 2, 9-24-2012) Sec. 78-627. - Review of application; procedures. (a) Conceptplan review, In order to receive guidance in the design of a RPUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but Is highly recommended for large RPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as Is suggested by the city. Generally, this information should include the following: (1) Approximate building, road and trail locations; (2) Height, bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut, filled and preserved; and (6) Staging and timing of the development. The comments of the planning commission and city council shall address the consistency of the concept plan with this section. The comments of the planning commission and city council shall be for guidance only and, if positive, shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master developmentplan and reroning. Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment. The master development plan shall contain the following, (1) Building location, height, bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; about:blank 8/8/2016 Orono, MN Code of Ordinances (6) Drainage plan, Including location and size of pipes and water storage areas; (7) Grading plan and drainage plan, including two -foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; Page 16 of 19 (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan; and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed items in subsections (b)(1) —(b)(14) of this section and shall occur in conjunction with rezoning of the property to RPUD. After rezoning the properly to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Developmentagreementlfinanclalguarantee. Following the approval of the master development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the RPUD development, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agreement; and/or (3) Another form of binding instrument as maybe required by the city. (d) Final site and buildingplan, Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division. The final site and building plan shall contain information as required by the city, including the following. (1) Detailed utility, street, grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping, sign and lighting plans; and (4) Detailed trail plan. (e) .Substantial compliance. The final site and building plan shall be insubstantial compliance with the approved master development pian. Substantial compliance shall mean: (1) Buildings, parking areas, roads and trails are in substantially the same location as previously about:blank 8/8/2016 Orono, MN Codc of Ordinances Page 17 of 19 approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved in the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change its original design or intended use; and (6) All special conditions required on the master development plan by the city have been incorporated into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneousreview. Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. (g) Basis forapproval, conditions In evaluating a site and building plan, the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals, policies, and objectives of the comprehensive pian and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development, giving special attention to: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community. b. The amount and location of open space and landscaping. c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of about:bl.ank 8/8/2016 Orono, MN Code of Ordinances Page 18 of 19 location and number access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading; (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord. No. 202 2nd series, § 1(6),2-26-2001) Sec. 78-628. -Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building pian has not started by December 31 of the year following the date on which such final site and building pian was approved or, if building construction in a phase of a RPUD approved to be built in phases has not started within this period, or, if within that period no extension of the time has been granted, the city council may rezone the property to the original zoning classification at the.time of the RPUD application or to a zoning classification consistent with the comprehensive pian designation for the property. in the absence of rezoning, the approved master development pian and final site and building pian shall remain the legal control governing development of the property included within the RPUD. (Ord. No. 202 2nd series, § 1(7), 2-26-2001) about:biaok 8/812416 Orono, NIN Code of Ordinances Sec. 78-629. -Amendments. Page 19 of 19 Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD. A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building, (5) Decreases the amount of open space or alters it in such a way as to change its original design or Intended use; or (S) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord. No. 202 2nd series, § 1(B), 2-26-2001) Secs. 78-630--78-640. - Reserved. about:b).ank 8/8/2015 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Jeremy Barnhart Y"-4 Title Community Development Director DATE: September 12, 2016 ITEM NO: 21 Agenda Section: Planning Item Description: 16-3841 City of Orono, Text Amendment: Flood Plain Regulations Application Summary The proposed ordinance would modify the existing floodplain ordinance to be consistent with National Flood Insurance Program's (NFIP) model ordinance, which regulates construction and development within the floodplain. Inclusion in the NFIP allows local property owners to obtain flood insurance, which may be a requirement of some mortgages. Without insurance, property owners will not be able to refinance the mortgage, or purchase a home with a loan. The city must adopt new regulations, to be approved by the DNR and in effect by November 4, as the NFIP have amended the model ordinance intended to make the regulations easier to understand. The DNR has reviewed the draft ordinance and granted conditional approval, attached as Exhibit B. The draft ordinance retains the ability for the city to reduce the 15' clear zone required around structures in the Flood Fringe for lots less than 65 feet wide via a Conditional Use Permit. This clear zone in narrow lots is problematic because it impacts the grades on adjacent parcels. The Council is also asked to approve the summary ordinance, attached as Exhibit B. This will avoid the large publication costs of a 22 page ordinance, Planning Commission Recommendation The Planning Commission reviewed the proposed ordinance at their meeting on July 18tH recommending approval. The Commission recognized the importance of the ordinance and the requirement that the ordinance be approved by the DNR. Planning Staff Recommendation Staff recommends approval of the ordinances as presented. Action Requested: Approve by motion the draft Flood Plain ordinance and the summary ordinance for publication. List of Exhibits: Exhibit A. Draft Ordinance Exhibit B. Summary Ordinance Exhibit C. DNR conditional approval letter Exhibit D. Existing Ordinance Exhibit E. PC Minutes Exhibit F. PC Memo Council Exhibit A 16-3841 ORDINANCE NO. _, THIRD SERIES September 12, 2016 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO FLOODPLAIN REGULATIONS IN ALL ZONING DISTRICTS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Article VIII Floodplain Management shall be deleted in its entirety and the following shall be added to read as follows: Article VIII Floodplain Management DIVISION 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 78-1101 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Orono, Minnesota, does ordain as follows. 78-1102 Purpose: (1) This ordinance regulates development in the flood hazard areas of the City of Orono. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (2) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (3) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. DIVISION 2.0 GENERAL PROVISIONS 78-1103 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Orono and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. (1) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Divisions 4 or 5 will apply, depending on the location of a property. (2) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Division 4 apply unless the floodway boundary is determined, according to the process outlined in Division 6. Once the floodway boundary is determined, the Flood Fringe District standards in Division 5 may apply outside the floodway. (3) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. 78-1104 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of Orono shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. (1) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 78-1105 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the City Clerk's office. Effective Flood Insurance Rate Map panels: 27053CO144F 27053CO292F 27053CO304F 27053CO165F 27053CO301F 27053CO306F 27053CO312F 27053CO311F 27053CO284F 27053CO302F 27053CO307F 27053CO316F 27053CO285F 27053CO303F 27053CO308F 78-1106 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 78-1107 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. (1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The City Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their appeal to the Planning Commission and to submit technical evidence. 78-1108 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 78-1109 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Orono or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 78-1110 Severability: If any Division, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 78-1111 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its' most reasonable application. Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Base Flood Elevation —The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Conditional Use — a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Critical Facilities — facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water -reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Insurance Rate Map -Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe — the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood"). Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water -connected portions, whether naturally occurring or artificially created: a. Defined ordinary high water elevation, 929.4 feet MSL. b. Defined floodplain boundary, 100 -year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District (MCWD). Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). Principal Use or Structure — all uses or structures that are not accessory uses or structures. Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. a. The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface elevations within floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. C. The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." Start of Construction — includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 78-1137 (2) of this ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement - within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. 78-1112 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 78-1105 above may include floodplain areas that lie outside of the corporate boundaries of the City of Orono at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Orono after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 78-1113 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 78-1105 above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of Orono after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. DIVISION 3 ESTABLISHMENT OF ZONING DISTRICTS 78-1114 Districts: 1) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 78- 1105, as well as portions of other lakes, wetlands, and basins within Zones A and AE (that do not have a floodway delineated) that are located at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 2) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 78-1105, but are located outside of the floodway. For other lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100 -year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3) General Floodplain District. The General Floodplain District includes riverine areas within Zones A and AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 78-1105. 78-1115 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Divisions 4, 5 and 6 are prohibited. In addition, critical facilities, as defined in Section 78-1111, are prohibited in all floodplain districts. DIVISION 4 FLOODWAY DISTRICT (FW) 78-1116 Permitted Uses: The following uses, subject to the standards set forth in Section 78- 1117, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial -commercial loading areas, parking areas, and airport landing strips. (3) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. 78-1117 Standards for Floodway Permitted Uses: (1) The use must have a low flood damage potential. (2) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (3) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 78-1118 Conditional Uses: The following uses maybe allowed as conditional uses following the standards and procedures set forth in Section 78-1148 of this ordinance and further subject to the standards set forth in Section 78-1119, if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures accessory to the uses listed in 78-1116 (1) - (5) above and the uses listed below. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. (4) Storage yards for equipment, machinery, or materials. (5) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 78-1111, are permitted uses. (6) Travel -ready recreational vehicles meeting the exception standards in section 78-1144. (7) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. (8) All forms of shoreline protection, including wood, metal, mortared stone or concrete seawalls. 78-1119 Standards for Floodway Conditional Uses: (1) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. (3) Accessory Structures. Accessory structures, as identified in Section 78-1118 (1), may be permitted, provided that: (a) structures are not intended for human habitation; (b) structures will have a low flood damage potential; (c) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1)To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (4) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. (5) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. (6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Section 78-1120 through 78-1123 RESERVED DIVISION 5 FLOOD FRINGE DISTRICT (FF) 78-1124 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 78-1125. If no pre- existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 78-1125 Standards for Flood Fringe Permitted Uses: (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (2) Accessory Structures. As an alternative to the fill requirements of section 78-1125 (1), structures accessory to the uses identified in Section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1)To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (3) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 78-1125 (1) of this ordinance, or if allowed as a conditional use under Section 78- 1126 (3) below. (4) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (5) All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. 10 (6) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (7) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (8) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City of Orono. (9) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (10) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (11) Manufactured homes and recreational vehicles must meet the standards of Division 9 of this ordinance. 78-1126 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 78-1148 of this ordinance. (1) Any structure that is not elevated on fill or floodproofed in accordance with Sections 78- 1125 (1) and (2) of this ordinance. (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 78-1125 (1) of this ordinance. (4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above -grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 78-1127 (6). 78-1127 Standards for Flood Fringe Conditional Uses: (1) The standards listed in Sections 78-1125 (4) through (10) to all conditional uses. (2) Basements, as defined by Section 78-1118 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 78-1127 (3) of this ordinance. (3) Where lot size constraints prevent the fill elevation from extending 15 feet beyond the structure, a reduction in the fill extension may be allowed for lots less than 65 feet wide, provided the lots were established prior to October 26, 1978, the initial establishment of a floodplain ordinance. (4) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FPI or F132 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (5) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b)The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City of Orono. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (6) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. (7) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as -built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b)Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (i) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of 12 not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (ii) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. DIVISION 6 GENERAL FLOODPLAIN DISTRICT (GF) 78-1128 Permitted Uses: (1) The uses listed in Section 78-1116 of this ordinance, Floodway District Permitted Uses, are permitted uses. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 78-1129 below. Division 4 applies if the proposed use is determined to be in the Floodway District. Division 5 applies if the proposed use is determined to be in the Flood Fringe District. 78-1129 Procedures for Floodway and Flood Fringe Determinations: (1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the City Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. (2) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Section 78-1129 (3) below. (3) The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries (d)The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with 13 Minnesota Regulations 1983, Parts 6120.5000-6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. (i) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (ii) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. (iii) Photographs showing existing land uses, vegetation upstream and downstream, and soil types. (iv) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (4) The City Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The City Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the City Administrator may approve or deny the application. (5) Once the Floodway and Flood Fringe District boundaries have been determined, the City Administrator must process the permit application consistent with the applicable provisions of Division 4.0 and 5.0 of this ordinance. DIVISION 7 LAND DEVELOPMENT STANDARDS 78-1130 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Orono. 78-1131 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. (1) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. (2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City of Orono. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. (3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 14 (4) In the General Floodplain District, applicants must provide the information required in Section 78-1129 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (5) If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 78-1132 Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Constructed with materials and utility equipment resistant to flood damage; (3) Constructed by methods and practices that minimize flood damage; and (4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Sections 78-1133 through 78-1139 Reserved DIVISION 8 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 78-1140 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. 78-1141 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Divisions 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 78-1142 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination 15 during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. DIVISION 9 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 78-1143 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: (1) Placement or replacement of manufactured home units is prohibited in the Floodway District. (2) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Division 5 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Division 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in section 78-1131 (2). 78-1144 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. (1) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 78-1144 (2): (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium -type associations. (2) Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. 16 (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood -resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 78-1144 (2). (f) An accessory structure must constitute a minimal investment (3) Recreational vehicles that are exempt in Section 78-1144 (2) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Division 5.0 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. DIVISION 10 ADMINISTRATION 78-1145 City Administrator: The City Administrator or other official designated by the Administrator must administer and enforce this ordinance. 78-1146 Permit Requirements: (1) Permit Required. A permit must be obtained from the City Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b)The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance. (d)The change or extension of a nonconforming use. (e)The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h)Any other type of "development" as defined in this ordinance. (2) Application for Permit. Permit applications must be submitted to the City Administrator on forms provided by the City Administrator. The permit application must include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. 17 (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the City Administrator as necessary to properly evaluate the permit application. (3) Certificate of City Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the City Administrator stating that the use of the building or land conforms to the requirements of this ordinance. (4) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. (5) Record of First Floor Elevation. The City Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The City Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. (6) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the City Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (7) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the City Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 78-1147 Variances and appeals: (1) Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Title IV, Article II, Division 3 of this Ordinance. (2) Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (3) Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in 18 exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood Insurance Notice. The City Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (5) General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b)The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d)The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e)The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (6) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Administrator or designee shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 19 (7) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (8) Record -Keeping. The City Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (9) Appeals. The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this article. 78-1148 Conditional Uses: (1) Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Title IV, Article V of this Ordinance. (2) Factors Used in Decision -Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 78-1147 of this ordinance. (3) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (4) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The city administrator or designee must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (5) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. DIVISION 11 NONCONFORMITIES 20 78-1149 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 78-1111 of this ordinance, are subject to the provisions of paragraphs (1) — (6) of this section. (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Section 78-1149 (12) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru F134 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (7) below. (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Division 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the City Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. (5) If any nonconformity is substantially damaged, as defined in Section 78-1111 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Divisions 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (6) If any nonconforming use or structure experiences a repetitive loss, as defined in 78-1111 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. (7) Any substantial improvement, as defined in Section 78-1111 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Division 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. DIVISION 12.0 PENALTIES AND ENFORCEMENT 78-1150 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 21 78-1151 Other Lawful Action: Nothing in this ordinance restricts the City of Orono from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the City Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 78-1152 Enforcement: In responding to a suspected ordinance violation, the City may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Orono must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. DIVISION 13.0 AMENDMENTS 78-1153 Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 78-1154 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 78-1155 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 78-1105 of this ordinance. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2016 on a vote of _ ayes and _ nays by the City Council of Orono, Minnesota. ATTEST: Diane Tiegs, City Clerk 22 Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of 2016. 23 Council Exhibit F SUMMARY ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY AMENDING ARTICLE VIII FLOODPLAIN MANAGEMENT (SECTIONS 78-1101 THROUGH 78-1140) REGARDING FLOODPLAIN REGULATIONS BY ESTABLISHING FLOOD DISTRICTS, DEFINING DEVELOPMENT, AND REGULATING DEVELOPMENT IN THESE DISTRICTS NOTICE IS HEREBY GIVEN that, on September 12, 2016, Ordinance No. , Third Series, was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. Third Series, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council amends Chapter 78 of the Orono City Code as follows: Article VIII is amended in its entirety by removal and replacing new floodplain regulations that were established by the National Flood Insurance Program and reviewed by the Minnesota Department of Natural Resources. The Ordinance, in addition to general regulations for development in the floodplain, addresses potential conflicts with other City Codes, delineates permitted and conditional uses, provides provisions for variances, regulates non -conformities, and outlines process for violation enforcement. A printed copy of the complete ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Orono, Minnesota, this 12th day of September, 2016. ATTEST: Diane Tiegs, City Clerk Summary Ordinance published in The Laker and The Pioneer newspapers the week of September 8, 2016 The Honorable Lili McMillan Mayor, City of Orono 2750 Kelley Parkway Orono, MN 55356 Council Exhibit C MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD, BOX 25 SAINT PAUL, MN 55155 651-296-6157 888-646-6367 CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS Dear Honorable Mayor McMillan, The Department of Natural Resources (DNR) received via email on August 1, 2016, a draft floodplain management ordinance for the City of Orono from Community Development Director Jeremy Barnhart. This ordinance is being adopted in order to incorporate the Flood Insurance Study, Hennepin County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of November 4, 2016. The ordinance is also being adopted to incorporate floodplain ordinance text revisions mandated by the Federal Emergency Management Agency (FEMA) for communities participating in the National Flood Insurance Program (NFIP). The draft floodplain management ordinance substantially complies with the state floodplain management rules (MR 6120.5000 to 61.20.6200) and, to the best of my knowledge, with the floodplain management standards of the Federal Emergency Management Agency. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I approve your draft floodplain management ordinance. This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one (1) copy each of the adopted ordinance (signed and stamped with the community seaI), the affidavit ofpublication, and the completed "Ordinance Certification Checklist" that I have enclosed. Please forward these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul at the address above in the header. Upon receipt and verification, Ms. Strauss will transmit one copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office. Please remember, FEMA must receive a signed, certified, and in -effect ordinance no later than November 4, 2016. To allow sufficient time for processing and transmittal, we request that you submit the requested materials to the DNR no later than November 1.2016. If FEMA has not received the documentation by the map effective date, FEMA will suspend the City fi-om the National Flood Insurance Program. 4PRINTED ON RECYCLED PAPER CONTAINING, A mndnr.gov 500 LAFAYETTE ROAD • SAINT PAUL, MN 55155 0 MINIMUM OF 10% POST- CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER Please be advised that any future amendments of this ordinance or change in the designation of flood prone areas require prior approval of the Commissioner. In addition, you are required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and ordinance amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above address. Should you have any questions on this ordinance or related matters, please contact Ms. Strauss at (651) 259-5713 or ceil.strauss@state.mn.us. While our office in St. Paul will continue to be the main contact for the ordinance update, your DNR Area Hydrologist will continue to be your main contact for day to day assistance with administering your floodplain management ordinance and questions about other DNR water -related programs and permits. Your Area Hydrologist is Kate Drewry, who can be contacted at 651-259-5753 or kate.drewry@state.mn.us. The DNR greatly appreciates your community's cooperation and initiative in providing for the reduction of flood damages through the adoption and administration of this ordinance. Sincerely, rifer S i Land Use Section Supervl or Enclosures: Ordinance Certification Checklist ec:. Jeremy Barnhart, Community Development Director - City of Orono Terri Yearwood, DNR Eco -Waters' Regional Manager Jeanne Daniels, DNR Eco -Waters' District Manager Kate Drewry, Area Hydrologist 6/04/2013 revision ORDINANCE CERTIFICATION CHECKLIST Please sign and return the checklist and all required documents to the DNR Floodplain Program office when completed. 21 Za t6 Date(s) of published hearing notice. 2. Date(s) of public hearing. 3. Date of ordinance adoption. Include 1 certified copy of the adopted ordinance text in its entirety including the signature of the chief elected official and the stamped seal of the community. 4. Date of newspaper publication of adopted ordinance. Include 1 copy of affidavit of publication of the adopted ordinance. Publication of an ordinance summary is acceptable by statute. 1.1 Date of official filing of adopted ordinance with County Recorder( record book number and page number). If filing of an adopted ordinance with the county auditor is not a standard practice, please indicate "N/A." 6. Board of Adjustment/Appeals has been established (yes or no). Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter and not required by statute. Please specify: Signature of Clerk/Auditor PC Exhibit B Existing Ordinance ARTICLE VIII. - FLOODPLAIN MANAGEMENT DIVISION 1. - STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Sec. 78-1101. - Statutory authorization. The legislature of the State of Minnesota has, in Minn. Stat. ch. 103F and Minn. Stat. § 462.357 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as follows: Sec. 78-1102. - Findings of fact. (a) The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) Methods used to analyze flood hazards. This article is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (c) National Flood Insurance Program compliance. This article is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Sec. 78-1103. - Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses described in section 78-1102(a) by provisions contained herein. DIVISION 2. - GENERAL PROVISIONS Sec. 78-1104. - Lands to which article applies. This article shall apply to all lands within the jurisdiction of the city shown on the official floodplain overlay district map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain districts. Sec. 78-1105. - Establishment of official floodplain overlay district map. The official floodplain overlay district map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this article. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota. All jurisdictions and the flood insurance rate map panels numbered 27053C0144E, 27053C0165E, 27053CO284E, 27053CO285E, 27053CO292E, 27053C0301 E, 27053C0302E, 27053C0303, 27053C0304E, 27053C0306E, 27053C0307E, 27053C0308E, 27053CO311 E, 27053C0312E, 27053C0312E, 27053CO316E for the city, dated September 2, 2004, as developed by the Federal Emergency Management Agency. The official floodplain overlay district map shall be on file in the office of the planning director. Sec. 78-1106. - Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Sec. 78-1107. - Interpretation. Page 1 (a) In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the official floodplain overlay district map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official floodplain overlay district map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the planning director, the city council shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the city council and to submit technical evidence. Sec. 78-1108. - Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only. Sec. 78-1109. - Warning and disclaimer of liability. This article does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 78-1110. - Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. Sec. 78-1111. - Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application. (1) Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (3) Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (4) Equal degree of encroachment means a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (5) Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Page 2 (6) Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (7) Flood fringe means that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study. (8) Flood plain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (9) Flood proofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (10) Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. (11) Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water -connected portions, whether naturally occurring or artificially created: a. Defined ordinary high water elevation, 929.4 feet MSL. b. Defined floodplain boundary, 100 -year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District (MCWD). (12) Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (13) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (14) Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (15) Principal use or structure means all uses or structures that are not accessory uses or structures. (16) Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (17) Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this article, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (18) Regional flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (19) Regulatory flood protection elevation means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Page 3 a. The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface elevations within floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. c. The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. (20) Structure means anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 78-1131(1) of this article and other similar items. (21) Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (22) Substantial improvement means, within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this article, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. (23) Variance means a modification of a specific permitted development standard required in an official control including this article to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a practical difficulty as defined and elaborated upon in a community's respective planning and zoning enabling legislation. (Ord. No. 88 3rd series, § 4, 6-27-2011) DIVISION 3. - ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS Sec. 78-1112. - Districts. (a) Floodway district. The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in section 78-1105. (b) Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe. The flood fringe district shall include those areas shown on the flood insurance rate map as adopted in section 78-1105 as being within zone AE but being located outside of the floodway. (c) General flood plain district. The general flood plain district shall include those areas designated as zone A or zone AE without a floodway on the flood insurance rate map adopted in section 78-1105. Sec. 78-1113. - Compliance. Page 4 No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. Within the floodway, flood fringe and general flood plain districts, all uses not listed as permitted uses or conditional uses in divisions 4, 5 and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this article and specifically division 9. (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and specifically section 78-1136. (3) As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this article and specifically as stated in section 78-1133 of this article. DIVISION 4. - FLOODWAY DISTRICT (FW) Sec. 78-1114. - Permitted uses. (a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Private and public golf courses, driving ranges, archery ranges, picnic grounds, public boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (c) Residential lawns, gardens, parking areas, boat launching ramps, and play areas, provided no filling, grading or hardcover is involved. (d) Seasonally installed residential boat docks for single-family dwellings. (e) Natural stone riprap shoreline protection. (f) Sand beach blankets meeting the requirements of the DNR regulation 6MCAR15021 B. Sec. 78-1115. - Standards for floodway permitted uses. (a) The use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning district if one exists. (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (d) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. (e) No use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Sec. 78-1116. - Conditional uses. (a) Structures accessory to the uses listed in 78-1114 above and the uses listed in 78-1116(a) subsections 1-8 below. Extraction and storage of sand, gravel, and other materials. Page 5 Marinas, boat rentals, docks, piers, wharves, and water control structures. Railroads, streets, bridges, utility transmission lines, and pipelines. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences. 6. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. 7. All other forms of shoreline protection, including wood, metal mortared stone or concrete seawalls. 8. All permanent boat docks or other similar structures. Sec. 78-1117. - Standards for floodway conditional uses. (a) All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) All floodway conditional uses shall be subject to the procedures and standards contained in section 78-1135 of this article. (c) The conditional use shall be permissible in the underlying zoning district if one exists. (d) Fill: 1. Fill, dredge spoil, and all other similar materials, if approved to be deposited or stored, deposited or stored in the flood plain shall be no more than the minimal amount necessary to conduct a conditional use. The fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3. As an alternative, and consistent with subsection (d)(2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 4. All filling and grading activities shall be performed with only clean fill. (e) Accessory structures: Accessory structures shall not be designed for human habitation. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Page 6 Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (f) Storage of materials and equipment. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. (g) Flood control. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minn. Stat. ch. 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. DIVISION 5. - FLOOD FRINGE DISTRICT (FF) Sec. 78-1118. - Permitted uses. (a) The uses listed in section 78-1114 of this article shall be permitted uses. (b) All other permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe district provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for flood fringe district "Permitted uses" listed in section 78-1119 and the "Standards for all flood fringe uses" listed in section 78-1122. Sec. 78-1119. - Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. Page 7 (b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with section 78-1117(e)(3). (c) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with section 78-1119(a) of this article. (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (e) The provisions of section 78-1122 of this article shall apply. Sec. 78-1120. - Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance with section 78-1119(a) and (b) and or any use of land that does not comply with the standards in section 78-1119(c) and (d) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in sections 78-1121, 78-1122 and 78-1135 of this article. Sec. 78-1121. - Standards for flood fringe conditional uses. (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Specific standards for above -grade, enclosed areas. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (2) Basements, as defined by section 78-1111(a)(2) of this article, shall be subject to the following: Residential basement construction shall not be allowed below the regulatory flood protection elevation. Page 8 b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with section 78-1121(3) of this article. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. (6) The provisions of section 78-1122 of this article shall also apply. Sec. 78-1122. - Standards for all flood fringe uses. (a) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the city council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (b) Commercial uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood. (c) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in section 78-1122(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation—FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Page 9 (e) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official floodplain overlay district map. (f) Standards for recreational vehicles are contained in section 78-1131. (g) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. DIVISION 6. - GENERAL FLOOD PLAIN DISTRICT Sec. 78-1123. - Permitted uses. (a) The uses listed in section 78-1114 of this article shall be permitted uses. (b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to section 78- 1124 below. Division 4 shall apply if the proposed use is in the floodway district and division 5 shall apply if the proposed use is in the flood fringe district. Sec. 78-1124. - Procedures for floodway and flood fringe determinations within the general flood plain district. (a) Upon receipt of an application for a permit or other approval within the general flood plain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the planning director for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. 3. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. 4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. Page 10 (c) The planning director shall present the technical evaluation and findings of the designated engineer or expert to the governing body. The governing body must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The governing body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the department of natural resources or the city council for review and comment. Once the floodway and flood fringe district boundaries have been determined, the governing body shall refer the matter back to the planning director who shall process the permit application consistent with the applicable provisions of divisions 4 and 5 of this article. DIVISION 7. - SUBDIVISIONS Sec. 78-1125. - Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this article and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Sec. 78-1126. - Floodway/flood fringe determinations in the general flood plain district. In the general flood plain district, applicants shall provide the information required in section 78-1124 of this article to determine the 100 -year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site. Sec. 78-1127. - Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. DIVISION 8. - PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES Sec. 78-1128. - Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. Sec. 78-1129. - Public transportation facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with divisions 4 and 5 of this article. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Sec. 78-1130. - On-site sewage treatment and water supply systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems Page 11 and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. DIVISION 9. - PLACEMENT OF RECREATIONAL VEHICLES Sec. 78-1131. - Recreational vehicles. Recreational vehicles that do not meet the exemption criteria specified in section 78-1131(1) below shall be subject to the provisions of this article and as specifically spelled out in section 78-1131(3) below. (1) Exemption. Recreational vehicles are exempt from the provisions of this article if they are placed in any of the areas listed in section (2) below and further they meet the following criteria: a. Have current licenses required for highway use. b. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. c. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. (2) Areas exempted for placement of recreational vehicles: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium type associations. (3) Recreational vehicles exempted in section 78-1131(1) above lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in divisions 4 and 5 of this article. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood -free location should flooding occur. DIVISION 10. - ADMINISTRATION Sec. 78-1132. - Planning director. A planning director or designee shall administer and enforce this article. If the planning director finds a violation of the provisions of this article the planning director shall notify the person responsible for such violation in accordance with the procedures stated in section 78-1138 of the article. Sec. 78-1133. - Permit requirements. (a) Permit required. A permit issued by the planning director in conformity with the provisions of this article shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. Page 12 (b) Application for permit. Application for a permit shall be made in duplicate to the planning director on forms furnished by the planning director and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (c) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the planning director shall determine that the applicant has obtained all necessary state and federal permits. (d) Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance has been issued by the planning director stating that the use of the building or land conforms to the requirements of this article. (e) Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article, and punishable as provided by section 78-1138 of this article. (f) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this article. Flood proofing measures shall be certified by a registered professional engineer or registered architect. (g) Record of first floor elevation. The planning director shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The planning director shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood -proofed. (h) Notifications for watercourse alterations. The planning director shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. ch. 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (i) Notification to FEMA when physical changes increase or decrease the 100 -year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the planning director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Sec. 78-1134. - Appeals and variances/duties of the city council. (a) Rules. The city council shall adopt rules for the conduct of business and may exercise all of the powers conferred on such bodies by state law. (b) Administrative review. The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this article. (c) Variances. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this article as will not be contrary to the public interest and only when practical difficulties exist, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this article, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of Page 13 the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Hearings. Upon filing with the city council of an appeal from a decision of the planning director, or an application for a variance, the city council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The city council shall submit by mail to the commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. (e) Decisions. The city council shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal, the city council may, so long as such action is in conformity with the provisions of this article, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the planning director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the city council may prescribe appropriate conditions and safeguards such as those specified in section 78-1135(6), which are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article punishable under section 78-1138. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten days of such action. (f) Appeals. Appeals from any decision of the city council may be made, and as specified in this community's official controls and also by Minnesota Statutes. (g) Flood insurance notice and record keeping. The planning director shall notify the applicant for a variance that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 2) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. (Ord. No. 88 3rd series, § 5, 6-27-2011) Sec. 78-1135. - Conditional uses. The city council shall hear and decide applications for conditional uses permissible under this article. Applications shall be submitted to the planning director who shall forward the application to city council for consideration. (1) Hearings. Upon filing with the city an application for a conditional use permit, the city shall submit by mail to the commissioner of natural resources a copy of the application for proposed conditional use sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. Page 14 (2) Decisions. The city council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the city council shall prescribe appropriate conditions and safeguards, in addition to those specified in section 78-1135(6), which are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this article punishable under section 78-1138. A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action. (3) Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts. a. Require the applicant to furnish such of the following information and additional information as deemed necessary by the city for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. b. Transmit one copy of the information described in subsection (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. c. Based upon the technical evaluation of the designated engineer or expert, the city council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (4) Factors upon which the decision of the city council shall be based. In passing upon conditional use applications, the city council shall consider all relevant factors specified in other sections of this article, and: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. Page 15 k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. Such other factors which are relevant to the purposes of this article. (5) Time foracting on application. The city council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to section 78-1135(3) of this article. The city council shall render a written decision within 60 days from the receipt of such additional information. (6) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this article, the city council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Flood proofing measures, in accordance with the State Building Code and this article. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. DIVISION 11. - NONCONFORMING USES Sec. 78-1136. - Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in section 78-1111(a)(22)(b) of this article, shall be subject to the provisions of sections 78-1136(1)—(5) of this article. (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of division 4 or 5 of this article for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. (4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The assessor shall notify the planning director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. Page 16 (5) If any nonconforming use or structure is substantially damaged, as defined in section 78- 1111(x)(21) of this article, it shall not be reconstructed except in conformity with the provisions of this article. The applicable provisions for establishing new uses or new structures in divisions 4, 5 or 6 will apply depending upon whether the use or structure is in the floodway, flood fringe or general flood plain district, respectively. (6) If a substantial improvement occurs, as defined in section 78-1111(a)(22) of this article, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by section 78-1136(2) above) and the existing nonconforming building must meet the requirements of divisions 4 or 5 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. DIVISION 12. - PENALTIES FOR VIOLATION Sec. 78-1137. - Violations. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1138. - Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected ordinance violation, the planning director and local government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an ordinance violation is either discovered by or brought to the attention of the planning director, the planning director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources' and Federal Emergency Management Agency regional office along with the community's plan of action to correct the violation to the degree possible. (3) The planning director shall notify the suspected party of the requirements of this article and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the planning director may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the planning director may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not to exceed 30 -days. (4) If the responsible party does not appropriately respond to the planning director within the specified period of time, each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accordingly. The planning director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this article. DIVISION 13. -AMENDMENTS Page 17 Sec. 78-1139. - Floodplain designation. The flood plain designation on the official floodplain overlay district map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the intended use. Sec. 78-1140. - Amendments. All amendments to this article, including amendments to the official floodplain overlay district map, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official floodplain overlay district map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten -days written notice of all hearings to consider an amendment to this article and said notice shall include a draft of the article amendment or technical study under consideration. Secs. 78-1141-78-1210. - Reserved. Page 18 MINUTES OF THE Council ORONO PLANNING COMMISSION MEETING Exhibit E Monday, July18, 2016 6:30 o'clock p.m. 7. #16-3841 CITY OF ORONO, TEXT AMENDMENT: FLOODPLAIN REGULATIONS, 8:12 p.m. — 8:20 P.M. Barnhart stated the proposed ordinance would modify Orono's existing floodplain ordinance to be consistent with the National Flood Insurance Program. The NFIP has updated their model ordinance recently, and in order for someone to be included in the national Flood Insurance Program, the City must adopt floodplain regulations by ordinance. Inclusion in the NFIP allows local property owners to obtain flood insurance, which may be a requirement of some mortgages. Without insurance, property owners would not be able to refinance their mortgage or purchase a home with a loan. The draft ordinance will replace Orono's existing floodplain regulations and would incorporate some additional definitions utilized by the City but follows the DNR recommended ordinance closely. If the Planning Commission recommends approval of the ordinance, it would then be sent to the DNR for their review, followed by City Council review. Barnhart noted the changes are highlighted in gray and are as follows: 1. Page 3, Lines 25-30, a definition of Lake Minnetonka has been added. 2. Page 4, Lines 17-25, additional information has been included regarding the regulatory flood protection elevation (RFPE). 3. Page 9, the two areas that the DNR has recommended as optional have been highlighted. The first addition concerns the use of methods to elevate structures. The second addition is in regards to alternative elevation methods other than the use of fill. Barnhart stated the Planning Commission has the option of leaving those two items in the ordinance or to remove them. Planning Staff recommends approval. Leskinen noted Page 5, Lines 27-40 under Establishment of Zoning Districts, have the letters AE and A and AE highlighted. Leskinen asked whether there is any significance to the highlighting. Barnhart indicated those areas were highlighted so he can discuss those with the DNR so he can have a better understanding of the zoning districts. Barnhart stated no changes are being made to that section. McGrann asked if there is any concern that this will not be completed by November 4. Barnhart stated the next step is to forward it on to the DNR. Barnhart stated the changes are relatively minor and that Staff does not anticipate any problems receiving approval from the DNR. Barnhart stated if the DNR does not respond or is not in support of them, he will pull those changes out of the ordinance prior to it going to the City Council and that he does not anticipate any problems meeting the November 4 deadline. Lemke asked if the optional ones should remain. Barnhart stated those are optional as identified by the DNR and are not necessarily in the City's Code currently. Lemke asked if Staff feels those options should be included. Page 1 of 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Barnhart stated it provides more options for Staff. Leskinen asked if any of the optional methods to elevate structures are contrary to the City's ordinances. Barnhart stated the floodplain regulations are an overlay district and overlay the base zoning for that district. The base zoning would contain the height restrictions and other regulations. Acting Chair Lemke opened the public hearing at 8:20 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 8:20 p.m. Lemke moved, McGrann seconded, to recommend approval of Application No. 16-3841, City of Orono, Text Amendment, Floodplain Regulations as proposed. VOTE: Ayes 6, Nays 0. Page 2 of 2 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: July 18, 2016 Subject: #16-3841, City of Orono Text Amendment Public Hearing Council Exhibit F Application Summary: The proposed ordinance would modify the existing floodplain ordinance to be consistent with National Flood Insurance Program, who have updated the model ordinance since 2004, when the original model ordinance was published and used to form the basis of the city's ordinances, since amended. Staff Recommendation: Planning Department Staff recommends adoption of the ordinance. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Existing Ordinance Background To be included in the National Flood Insurance Program (NFIP), a City must adopt floodplain regulations by ordinance. This ordinance must be generally consistent with that organization's model ordinance. Inclusion in the NFIP allows local property owners to obtain flood insurance, which may be a requirement of some mortgages. Without insurance, property owners will not be able to refinance the mortgage, or purchase a home with a loan. The city must adopt new regulations, to be approved by the DNR and in effect by November 4, as the NFIP have amended the model ordinance intended to make the regulations easier to understand. The draft ordinance will replace our existing flood plain regulations contained within Article VIII (Sections 78-1101 through 78-1140) of the Zoning Ordinance. The draft ordinance incorporates some additional definitions utilized by the City, but follows the DNR recommended ordinance closely. There are two sections in gray that are options, to be discussed. Staff recommends approval. September 8, 2016 The Honorable Lili McMillan Mayor, City of Orono 2750 Kelley Parkway Orono, MN 55356 Council Exhibit C MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD, BOX 25 SAINT PAUL, MN 55155 651-296-6157 888-646-6367 CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS Dear Honorable Mayor McMillan, The Department of Natural Resources (DNR) received via email on August 1, 2016, a draft floodplain management ordinance for the City of Orono from Community Development Director Jeremy Barnhart. This ordinance is being adopted in order to incorporate the Flood Insurance Study, Hennepin County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of November 4, 2016. The ordinance is also being adopted to incorporate floodplain ordinance text revisions mandated by the Federal Emergency Management Agency (FEMA) for communities participating in the National Flood Insurance Program (NFIP). The draft floodplain management ordinance substantially complies with the state floodplain management rules (MR 6120.5000 to 61.20.6200) and, to the best of my knowledge, with the floodplain management standards of the Federal Emergency Management Agency. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I approve your draft floodplain management ordinance. This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one (1) copy each of the adopted ordinance (signed and stamped with the community seaI), the affidavit ofpublication, and the completed "Ordinance Certification Checklist" that I have enclosed. Please forward these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul at the address above in the header. Upon receipt and verification, Ms. Strauss will transmit one copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office. Please remember, FEMA must receive a signed, certified, and in -effect ordinance no later than November 4, 2016. To allow sufficient time for processing and transmittal, we request that you submit the requested materials to the DNR no later than November 1.2016. If FEMA has not received the documentation by the map effective date, FEMA will suspend the City fi-om the National Flood Insurance Program. 4PRINTED ON RECYCLED PAPER CONTAINING, A mndnr.gov 500 LAFAYETTE ROAD • SAINT PAUL, MN 55155 0 MINIMUM OF 10% POST- CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER Please be advised that any future amendments of this ordinance or change in the designation of flood prone areas require prior approval of the Commissioner. In addition, you are required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and ordinance amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above address. Should you have any questions on this ordinance or related matters, please contact Ms. Strauss at (651) 259-5713 or ceil.strauss@state.mn.us. While our office in St. Paul will continue to be the main contact for the ordinance update, your DNR Area Hydrologist will continue to be your main contact for day to day assistance with administering your floodplain management ordinance and questions about other DNR water -related programs and permits. Your Area Hydrologist is Kate Drewry, who can be contacted at 651-259-5753 or kate.drewry@state.mn.us. The DNR greatly appreciates your community's cooperation and initiative in providing for the reduction of flood damages through the adoption and administration of this ordinance. Sincerely, rifer S i Land Use Section Supervl or Enclosures: Ordinance Certification Checklist ec:. Jeremy Barnhart, Community Development Director - City of Orono Terri Yearwood, DNR Eco -Waters' Regional Manager Jeanne Daniels, DNR Eco -Waters' District Manager Kate Drewry, Area Hydrologist 6/04/2013 revision ORDINANCE CERTIFICATION CHECKLIST Please sign and return the checklist and all required documents to the DNR Floodplain Program office when completed. 21 Za t6 Date(s) of published hearing notice. 2. Date(s) of public hearing. 3. Date of ordinance adoption. Include 1 certified copy of the adopted ordinance text in its entirety including the signature of the chief elected official and the stamped seal of the community. 4. Date of newspaper publication of adopted ordinance. Include 1 copy of affidavit of publication of the adopted ordinance. Publication of an ordinance summary is acceptable by statute. 1.1 Date of official filing of adopted ordinance with County Recorder( record book number and page number). If filing of an adopted ordinance with the county auditor is not a standard practice, please indicate "N/A." 6. Board of Adjustment/Appeals has been established (yes or no). Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter and not required by statute. Please specify: Signature of Clerk/Auditor PC Exhibit B Existing Ordinance ARTICLE VIII. - FLOODPLAIN MANAGEMENT DIVISION 1. - STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Sec. 78-1101. - Statutory authorization. The legislature of the State of Minnesota has, in Minn. Stat. ch. 103F and Minn. Stat. § 462.357 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as follows: Sec. 78-1102. - Findings of fact. (a) The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) Methods used to analyze flood hazards. This article is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (c) National Flood Insurance Program compliance. This article is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Sec. 78-1103. - Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses described in section 78-1102(a) by provisions contained herein. DIVISION 2. - GENERAL PROVISIONS Sec. 78-1104. - Lands to which article applies. This article shall apply to all lands within the jurisdiction of the city shown on the official floodplain overlay district map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain districts. Sec. 78-1105. - Establishment of official floodplain overlay district map. The official floodplain overlay district map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this article. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota. All jurisdictions and the flood insurance rate map panels numbered 27053C0144E, 27053C0165E, 27053CO284E, 27053CO285E, 27053CO292E, 27053C0301 E, 27053C0302E, 27053C0303, 27053C0304E, 27053C0306E, 27053C0307E, 27053C0308E, 27053CO311 E, 27053C0312E, 27053C0312E, 27053CO316E for the city, dated September 2, 2004, as developed by the Federal Emergency Management Agency. The official floodplain overlay district map shall be on file in the office of the planning director. Sec. 78-1106. - Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Sec. 78-1107. - Interpretation. Page 1 (a) In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the official floodplain overlay district map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official floodplain overlay district map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the planning director, the city council shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the city council and to submit technical evidence. Sec. 78-1108. - Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only. Sec. 78-1109. - Warning and disclaimer of liability. This article does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 78-1110. - Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. Sec. 78-1111. - Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application. (1) Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (3) Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (4) Equal degree of encroachment means a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (5) Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Page 2 (6) Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (7) Flood fringe means that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study. (8) Flood plain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (9) Flood proofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (10) Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. (11) Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water -connected portions, whether naturally occurring or artificially created: a. Defined ordinary high water elevation, 929.4 feet MSL. b. Defined floodplain boundary, 100 -year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District (MCWD). (12) Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (13) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (14) Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (15) Principal use or structure means all uses or structures that are not accessory uses or structures. (16) Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (17) Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this article, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (18) Regional flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (19) Regulatory flood protection elevation means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Page 3 a. The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface elevations within floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. c. The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. (20) Structure means anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 78-1131(1) of this article and other similar items. (21) Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (22) Substantial improvement means, within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this article, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. (23) Variance means a modification of a specific permitted development standard required in an official control including this article to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a practical difficulty as defined and elaborated upon in a community's respective planning and zoning enabling legislation. (Ord. No. 88 3rd series, § 4, 6-27-2011) DIVISION 3. - ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS Sec. 78-1112. - Districts. (a) Floodway district. The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in section 78-1105. (b) Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe. The flood fringe district shall include those areas shown on the flood insurance rate map as adopted in section 78-1105 as being within zone AE but being located outside of the floodway. (c) General flood plain district. The general flood plain district shall include those areas designated as zone A or zone AE without a floodway on the flood insurance rate map adopted in section 78-1105. Sec. 78-1113. - Compliance. Page 4 No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. Within the floodway, flood fringe and general flood plain districts, all uses not listed as permitted uses or conditional uses in divisions 4, 5 and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this article and specifically division 9. (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and specifically section 78-1136. (3) As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this article and specifically as stated in section 78-1133 of this article. DIVISION 4. - FLOODWAY DISTRICT (FW) Sec. 78-1114. - Permitted uses. (a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Private and public golf courses, driving ranges, archery ranges, picnic grounds, public boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (c) Residential lawns, gardens, parking areas, boat launching ramps, and play areas, provided no filling, grading or hardcover is involved. (d) Seasonally installed residential boat docks for single-family dwellings. (e) Natural stone riprap shoreline protection. (f) Sand beach blankets meeting the requirements of the DNR regulation 6MCAR15021 B. Sec. 78-1115. - Standards for floodway permitted uses. (a) The use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning district if one exists. (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (d) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. (e) No use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Sec. 78-1116. - Conditional uses. (a) Structures accessory to the uses listed in 78-1114 above and the uses listed in 78-1116(a) subsections 1-8 below. Extraction and storage of sand, gravel, and other materials. Page 5 Marinas, boat rentals, docks, piers, wharves, and water control structures. Railroads, streets, bridges, utility transmission lines, and pipelines. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences. 6. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. 7. All other forms of shoreline protection, including wood, metal mortared stone or concrete seawalls. 8. All permanent boat docks or other similar structures. Sec. 78-1117. - Standards for floodway conditional uses. (a) All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) All floodway conditional uses shall be subject to the procedures and standards contained in section 78-1135 of this article. (c) The conditional use shall be permissible in the underlying zoning district if one exists. (d) Fill: 1. Fill, dredge spoil, and all other similar materials, if approved to be deposited or stored, deposited or stored in the flood plain shall be no more than the minimal amount necessary to conduct a conditional use. The fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3. As an alternative, and consistent with subsection (d)(2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 4. All filling and grading activities shall be performed with only clean fill. (e) Accessory structures: Accessory structures shall not be designed for human habitation. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Page 6 Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (f) Storage of materials and equipment. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. (g) Flood control. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minn. Stat. ch. 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. DIVISION 5. - FLOOD FRINGE DISTRICT (FF) Sec. 78-1118. - Permitted uses. (a) The uses listed in section 78-1114 of this article shall be permitted uses. (b) All other permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe district provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for flood fringe district "Permitted uses" listed in section 78-1119 and the "Standards for all flood fringe uses" listed in section 78-1122. Sec. 78-1119. - Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. Page 7 (b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with section 78-1117(e)(3). (c) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with section 78-1119(a) of this article. (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (e) The provisions of section 78-1122 of this article shall apply. Sec. 78-1120. - Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance with section 78-1119(a) and (b) and or any use of land that does not comply with the standards in section 78-1119(c) and (d) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in sections 78-1121, 78-1122 and 78-1135 of this article. Sec. 78-1121. - Standards for flood fringe conditional uses. (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Specific standards for above -grade, enclosed areas. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (2) Basements, as defined by section 78-1111(a)(2) of this article, shall be subject to the following: Residential basement construction shall not be allowed below the regulatory flood protection elevation. Page 8 b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with section 78-1121(3) of this article. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. (6) The provisions of section 78-1122 of this article shall also apply. Sec. 78-1122. - Standards for all flood fringe uses. (a) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the city council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (b) Commercial uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood. (c) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in section 78-1122(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation—FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Page 9 (e) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official floodplain overlay district map. (f) Standards for recreational vehicles are contained in section 78-1131. (g) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. DIVISION 6. - GENERAL FLOOD PLAIN DISTRICT Sec. 78-1123. - Permitted uses. (a) The uses listed in section 78-1114 of this article shall be permitted uses. (b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to section 78- 1124 below. Division 4 shall apply if the proposed use is in the floodway district and division 5 shall apply if the proposed use is in the flood fringe district. Sec. 78-1124. - Procedures for floodway and flood fringe determinations within the general flood plain district. (a) Upon receipt of an application for a permit or other approval within the general flood plain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the planning director for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. 3. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. 4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. Page 10 (c) The planning director shall present the technical evaluation and findings of the designated engineer or expert to the governing body. The governing body must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The governing body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the department of natural resources or the city council for review and comment. Once the floodway and flood fringe district boundaries have been determined, the governing body shall refer the matter back to the planning director who shall process the permit application consistent with the applicable provisions of divisions 4 and 5 of this article. DIVISION 7. - SUBDIVISIONS Sec. 78-1125. - Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this article and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Sec. 78-1126. - Floodway/flood fringe determinations in the general flood plain district. In the general flood plain district, applicants shall provide the information required in section 78-1124 of this article to determine the 100 -year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site. Sec. 78-1127. - Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. DIVISION 8. - PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES Sec. 78-1128. - Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. Sec. 78-1129. - Public transportation facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with divisions 4 and 5 of this article. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Sec. 78-1130. - On-site sewage treatment and water supply systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems Page 11 and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. DIVISION 9. - PLACEMENT OF RECREATIONAL VEHICLES Sec. 78-1131. - Recreational vehicles. Recreational vehicles that do not meet the exemption criteria specified in section 78-1131(1) below shall be subject to the provisions of this article and as specifically spelled out in section 78-1131(3) below. (1) Exemption. Recreational vehicles are exempt from the provisions of this article if they are placed in any of the areas listed in section (2) below and further they meet the following criteria: a. Have current licenses required for highway use. b. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. c. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. (2) Areas exempted for placement of recreational vehicles: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium type associations. (3) Recreational vehicles exempted in section 78-1131(1) above lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in divisions 4 and 5 of this article. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood -free location should flooding occur. DIVISION 10. - ADMINISTRATION Sec. 78-1132. - Planning director. A planning director or designee shall administer and enforce this article. If the planning director finds a violation of the provisions of this article the planning director shall notify the person responsible for such violation in accordance with the procedures stated in section 78-1138 of the article. Sec. 78-1133. - Permit requirements. (a) Permit required. A permit issued by the planning director in conformity with the provisions of this article shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. Page 12 (b) Application for permit. Application for a permit shall be made in duplicate to the planning director on forms furnished by the planning director and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (c) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the planning director shall determine that the applicant has obtained all necessary state and federal permits. (d) Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance has been issued by the planning director stating that the use of the building or land conforms to the requirements of this article. (e) Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article, and punishable as provided by section 78-1138 of this article. (f) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this article. Flood proofing measures shall be certified by a registered professional engineer or registered architect. (g) Record of first floor elevation. The planning director shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The planning director shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood -proofed. (h) Notifications for watercourse alterations. The planning director shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. ch. 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (i) Notification to FEMA when physical changes increase or decrease the 100 -year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the planning director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Sec. 78-1134. - Appeals and variances/duties of the city council. (a) Rules. The city council shall adopt rules for the conduct of business and may exercise all of the powers conferred on such bodies by state law. (b) Administrative review. The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this article. (c) Variances. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this article as will not be contrary to the public interest and only when practical difficulties exist, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this article, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of Page 13 the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Hearings. Upon filing with the city council of an appeal from a decision of the planning director, or an application for a variance, the city council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The city council shall submit by mail to the commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. (e) Decisions. The city council shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal, the city council may, so long as such action is in conformity with the provisions of this article, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the planning director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the city council may prescribe appropriate conditions and safeguards such as those specified in section 78-1135(6), which are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article punishable under section 78-1138. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten days of such action. (f) Appeals. Appeals from any decision of the city council may be made, and as specified in this community's official controls and also by Minnesota Statutes. (g) Flood insurance notice and record keeping. The planning director shall notify the applicant for a variance that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 2) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. (Ord. No. 88 3rd series, § 5, 6-27-2011) Sec. 78-1135. - Conditional uses. The city council shall hear and decide applications for conditional uses permissible under this article. Applications shall be submitted to the planning director who shall forward the application to city council for consideration. (1) Hearings. Upon filing with the city an application for a conditional use permit, the city shall submit by mail to the commissioner of natural resources a copy of the application for proposed conditional use sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. Page 14 (2) Decisions. The city council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the city council shall prescribe appropriate conditions and safeguards, in addition to those specified in section 78-1135(6), which are in conformity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this article punishable under section 78-1138. A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action. (3) Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts. a. Require the applicant to furnish such of the following information and additional information as deemed necessary by the city for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. b. Transmit one copy of the information described in subsection (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. c. Based upon the technical evaluation of the designated engineer or expert, the city council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (4) Factors upon which the decision of the city council shall be based. In passing upon conditional use applications, the city council shall consider all relevant factors specified in other sections of this article, and: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. Page 15 k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. Such other factors which are relevant to the purposes of this article. (5) Time foracting on application. The city council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to section 78-1135(3) of this article. The city council shall render a written decision within 60 days from the receipt of such additional information. (6) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this article, the city council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Flood proofing measures, in accordance with the State Building Code and this article. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. DIVISION 11. - NONCONFORMING USES Sec. 78-1136. - Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in section 78-1111(a)(22)(b) of this article, shall be subject to the provisions of sections 78-1136(1)—(5) of this article. (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of division 4 or 5 of this article for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. (4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The assessor shall notify the planning director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. Page 16 (5) If any nonconforming use or structure is substantially damaged, as defined in section 78- 1111(x)(21) of this article, it shall not be reconstructed except in conformity with the provisions of this article. The applicable provisions for establishing new uses or new structures in divisions 4, 5 or 6 will apply depending upon whether the use or structure is in the floodway, flood fringe or general flood plain district, respectively. (6) If a substantial improvement occurs, as defined in section 78-1111(a)(22) of this article, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by section 78-1136(2) above) and the existing nonconforming building must meet the requirements of divisions 4 or 5 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. DIVISION 12. - PENALTIES FOR VIOLATION Sec. 78-1137. - Violations. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1138. - Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected ordinance violation, the planning director and local government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an ordinance violation is either discovered by or brought to the attention of the planning director, the planning director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources' and Federal Emergency Management Agency regional office along with the community's plan of action to correct the violation to the degree possible. (3) The planning director shall notify the suspected party of the requirements of this article and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the planning director may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the planning director may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not to exceed 30 -days. (4) If the responsible party does not appropriately respond to the planning director within the specified period of time, each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accordingly. The planning director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this article. DIVISION 13. -AMENDMENTS Page 17 Sec. 78-1139. - Floodplain designation. The flood plain designation on the official floodplain overlay district map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the intended use. Sec. 78-1140. - Amendments. All amendments to this article, including amendments to the official floodplain overlay district map, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official floodplain overlay district map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten -days written notice of all hearings to consider an amendment to this article and said notice shall include a draft of the article amendment or technical study under consideration. Secs. 78-1141-78-1210. - Reserved. Page 18 MINUTES OF THE Council ORONO PLANNING COMMISSION MEETING Exhibit E Monday, July18, 2016 6:30 o'clock p.m. 7. #16-3841 CITY OF ORONO, TEXT AMENDMENT: FLOODPLAIN REGULATIONS, 8:12 p.m. — 8:20 P.M. Barnhart stated the proposed ordinance would modify Orono's existing floodplain ordinance to be consistent with the National Flood Insurance Program. The NFIP has updated their model ordinance recently, and in order for someone to be included in the national Flood Insurance Program, the City must adopt floodplain regulations by ordinance. Inclusion in the NFIP allows local property owners to obtain flood insurance, which may be a requirement of some mortgages. Without insurance, property owners would not be able to refinance their mortgage or purchase a home with a loan. The draft ordinance will replace Orono's existing floodplain regulations and would incorporate some additional definitions utilized by the City but follows the DNR recommended ordinance closely. If the Planning Commission recommends approval of the ordinance, it would then be sent to the DNR for their review, followed by City Council review. Barnhart noted the changes are highlighted in gray and are as follows: 1. Page 3, Lines 25-30, a definition of Lake Minnetonka has been added. 2. Page 4, Lines 17-25, additional information has been included regarding the regulatory flood protection elevation (RFPE). 3. Page 9, the two areas that the DNR has recommended as optional have been highlighted. The first addition concerns the use of methods to elevate structures. The second addition is in regards to alternative elevation methods other than the use of fill. Barnhart stated the Planning Commission has the option of leaving those two items in the ordinance or to remove them. Planning Staff recommends approval. Leskinen noted Page 5, Lines 27-40 under Establishment of Zoning Districts, have the letters AE and A and AE highlighted. Leskinen asked whether there is any significance to the highlighting. Barnhart indicated those areas were highlighted so he can discuss those with the DNR so he can have a better understanding of the zoning districts. Barnhart stated no changes are being made to that section. McGrann asked if there is any concern that this will not be completed by November 4. Barnhart stated the next step is to forward it on to the DNR. Barnhart stated the changes are relatively minor and that Staff does not anticipate any problems receiving approval from the DNR. Barnhart stated if the DNR does not respond or is not in support of them, he will pull those changes out of the ordinance prior to it going to the City Council and that he does not anticipate any problems meeting the November 4 deadline. Lemke asked if the optional ones should remain. Barnhart stated those are optional as identified by the DNR and are not necessarily in the City's Code currently. Lemke asked if Staff feels those options should be included. Page 1 of 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July18, 2016 6:30 o'clock p.m. Barnhart stated it provides more options for Staff. Leskinen asked if any of the optional methods to elevate structures are contrary to the City's ordinances. Barnhart stated the floodplain regulations are an overlay district and overlay the base zoning for that district. The base zoning would contain the height restrictions and other regulations. Acting Chair Lemke opened the public hearing at 8:20 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 8:20 p.m. Lemke moved, McGrann seconded, to recommend approval of Application No. 16-3841, City of Orono, Text Amendment, Floodplain Regulations as proposed. VOTE: Ayes 6, Nays 0. Page 2 of 2 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: July 18, 2016 Subject: #16-3841, City of Orono Text Amendment Public Hearing Council Exhibit F Application Summary: The proposed ordinance would modify the existing floodplain ordinance to be consistent with National Flood Insurance Program, who have updated the model ordinance since 2004, when the original model ordinance was published and used to form the basis of the city's ordinances, since amended. Staff Recommendation: Planning Department Staff recommends adoption of the ordinance. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Existing Ordinance Background To be included in the National Flood Insurance Program (NFIP), a City must adopt floodplain regulations by ordinance. This ordinance must be generally consistent with that organization's model ordinance. Inclusion in the NFIP allows local property owners to obtain flood insurance, which may be a requirement of some mortgages. Without insurance, property owners will not be able to refinance the mortgage, or purchase a home with a loan. The city must adopt new regulations, to be approved by the DNR and in effect by November 4, as the NFIP have amended the model ordinance intended to make the regulations easier to understand. The draft ordinance will replace our existing flood plain regulations contained within Article VIII (Sections 78-1101 through 78-1140) of the Zoning Ordinance. The draft ordinance incorporates some additional definitions utilized by the City, but follows the DNR recommended ordinance closely. There are two sections in gray that are options, to be discussed. Staff recommends approval. City of Orono 2017 Revenue Budget Summary Attachment A Percentage 2015 Y -T -D 2015 2016 Increase Increase Revenue Source Actual Jun 30,2016 Budget Budget (Decrease) (Decrease) Property Taxes 4,004,169 - 4,016,500 4,197,244 180,744 4.5% Total Licenses 14,765 5,204 17,900 17,900 - 0.0% Total Permits 520,778 212,060 451,750 451,750 0.0% Total Intergovernmental 252,013 5,184 227,220 227,220 0.0% Total Gen Govt Service Charges 460,665 272,533 374,500 399,500 25,000 6.7% Total Public Safety Service Charges 2,278,365 1,963,284 2,317,800 2,379,350 61,550 2.7% Total Fines and Forfeits 94,275 28,398 80,500 80,500 - 0.0% Total Investment Revenue 72,947 207 35,500 35,500 - 0.0% Total Miscellaneous Revenue 224,928 149,392 171,900 183,900 12,000 7.0% Total Revenue 7,922,906 2,636,262 7,693,570 7,972,864 279,294 3.6% Attachment A City of Orono 2017 Revenue Budget Summary Beer & Liquor Licenses Cigarette Licenses Garbage Haulers Licenses Other Business License/Permit Dog Licenses Total Licenses Building Permits Zoning Permit Mechanical/Septic/Other Plumbing Permit Total Permits Federal Grant -other Market Value Credit Police State Aid Police Training Reimbursement PERA State Aid State Grant -other Total Intergovernmental Administrative Charges for Svc General Taxable Sales/Service Assessments searches Plan Check/Site Exam Fees Cond Use-Variance-Dev Fees Engineering & Legal Fees Bldg Permits -mail in fees On-site Septic Program fees Coop Agreement -public works InterDepartmental Services -PW Total Gen Govt Service Charges Coop Agreement -inspection Coop Agreement -police Police Special Services False Alarm Fees Police Reports Police Reserve Receipts Total Public Safety Service Charges Other Fines Court Fines Drug Task Force Dog Impound Fees Total Fines and Forfeits Interest on investments Interest -NOW account Total Investment Revenue Utility Penalties Green Fees Rental -Golf carts & Club Beer Sales Pop Sales Concessions -taxable Golf Ball Sales Increase (Decrease) 180,744 Percentage Increase (Decrease) 4.5% 4,550 2015 Y -T -D 2015 2016 Revenue Source Actual Jun 30,2016 Budget Budget Current Ad Valorem Taxes 3,946,275 - 4,016,500 Delinquent Ad Valorem Taxes 7,736 - Fiscal Disparities 34,074 1,100 Personal Property Tax 15,874 0.0% Forfieted Tax Sale Apportionmt - 5,400 Rent Credit - 0.0% Penalties and Interest -Taxes 209 - Property Taxes 4,004,169 4,016,500 4,197,244 Beer & Liquor Licenses Cigarette Licenses Garbage Haulers Licenses Other Business License/Permit Dog Licenses Total Licenses Building Permits Zoning Permit Mechanical/Septic/Other Plumbing Permit Total Permits Federal Grant -other Market Value Credit Police State Aid Police Training Reimbursement PERA State Aid State Grant -other Total Intergovernmental Administrative Charges for Svc General Taxable Sales/Service Assessments searches Plan Check/Site Exam Fees Cond Use-Variance-Dev Fees Engineering & Legal Fees Bldg Permits -mail in fees On-site Septic Program fees Coop Agreement -public works InterDepartmental Services -PW Total Gen Govt Service Charges Coop Agreement -inspection Coop Agreement -police Police Special Services False Alarm Fees Police Reports Police Reserve Receipts Total Public Safety Service Charges Other Fines Court Fines Drug Task Force Dog Impound Fees Total Fines and Forfeits Interest on investments Interest -NOW account Total Investment Revenue Utility Penalties Green Fees Rental -Golf carts & Club Beer Sales Pop Sales Concessions -taxable Golf Ball Sales Increase (Decrease) 180,744 Percentage Increase (Decrease) 4.5% 4,550 - 7,000 7,000 4,750 0.0% 1,000 125 400 400 2,278,365 0.0% 1,140 1,080 1,100 1,100 94,275 0.0% 5,892 3,537 5,400 5,400 72,947 0.0% 2,183 462 4,000 4,000 43,263 0.0% 14,765 5,204 17,900 17,900 3,220 0.0% 413,188 166,581 375,000 375,000 0.0% 2,718 979 1,750 1,750 0.0% 72,857 28,173 50,000 50,000 0.0% 32,015 16,326 25,000 25,000 0.0% 520,778 212,060 451,750 451,750 0.0% - - - - N/A 474 - - N/A 211,354 200,000 200,000 0.0% 9,662 10,000 10,000 0.0% 7,219 - 7,220 7,220 0.0% 23,305 5,184 10,000 10,000 0.0% 252,013 5,184 227,220 227,220 0.0% 81,600 42,650 80,000 80,000 0.0% 1,300 462 1,000 1,000 0.0% 700 240 300 300 - 0.0% 221,993 120,898 175,000 190,000 15,000 8.6% 49,282 24,985 35,000 40,000 5,000 14.3% 59,349 34,847 35,000 40,000 5,000 14.3% 867 439 700 700 - 0.0% 44,640 44,550 44,500 44,500 0.0% 933 3,463 3,000 3,000 0.0% - - - - - N/A 460,665 272,533 374,500 399,500 25,000 6.7% 2,149,555 1,949,484 93,641 5,975 4,750 750 956 342 1,600 - 2,278,365 1,963,284 93,975 28,398 300 - 94,275 28,398 72,359 - 588 207 72,947 207 1,460 120 101,587 56,236 43,263 20,822 9,103 2,696 4,497 1,980 3,220 1,222 2,150 540 111- 2,222,500 111- 2,283,500 75,000 75,000 4,000 4,500 800 850 500 500 2,317,800 2,379,350 80,000 80,000 500 500 80,500 80,500 35,000 35,000 500 500 35,500 35,500 1,500 1,500 90,000 - 32,000 7,000 3,200 2,100 1,700 61,000 500 50 61,550 Attachment A 2.7% 0.0% 12.5% 6.3% 0.0% 2.7% N/A 0.0% N/A 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% City of Orono 2017 Revenue Budget Summary Attachment A Percentage 2015 Y -T -D 2015 2016 Increase Increase Revenue Source Actual Jun 30,2016 Budget Budget (Decrease) (Decrease) Pro Shop -taxable 658 248 1,000 Pro Shop -nontaxable 950 592 1,000 Other Golf Course Receipts 22,894 7,590 - Cash Over/Short (155) 4 - - Total Golf Course Receipts 188,166 91,928 138,000 150,000 12,000 8.7% Miscellaneous Revenue 3,586 988 3,000 3,000 0.0% Rent Income 4,950 3,150 5,400 5,400 0.0% Contributions & donations 628 - - - N/A Refunds & Reimbursements 1,544 1,851 - - N/A Sale of Equipment 17,610 44,116 20,000 20,000 0.0% Filing fees-elections/plats 6,985 7,240 4,000 4,000 0.0% Total Miscellaneous Revenue 224,928 149,392 171,900 183,900 12,000 7.0% Total Revenue 7,922,906 2,636,262 7,693,570 7,972,864 279,294 3.6% Attachment A Mayor & Council Administration Elections Assessing Finance Law/Legal Services Central Services Human Services Police Fire Protection Services Building & Zoning Engineering Street Maintenance Parks Golf Course Special Services Special Projects -Contingencies Transfers to Other Funds Total General Fund Expenditures City of Orono 2017 General Fund Budget Departmental Budgets 1 of 54 Attachment B 2017 Dollar % 2015 2015 2016 Draft Increase Increase Budget Actual Budget Budget (Decrease) (Decrease) 91,700 91,446 83,240 85,150 1,910 2.29% 280,560 269,268 291,120 296,150 5,030 1.73% 2,400 316 18,130 3,160 (14,970) -82.57% 160,000 166,074 180,000 180,000 - 0.00% 318,620 307,892 322,320 323,670 1,350 0.42% 97,500 96,581 102,500 104,000 1,500 1.46% 239,050 240,555 244,470 265,900 21,430 8.77% 12,400 11,997 12,400 12,400 - 0.00% 3,971,675 3,737,312 4,076,850 4,178,250 101,400 2.49% 387,000 383,856 395,150 397,000 1,850 0.47% 686,500 670,933 707,050 762,470 55,420 7.84% 25,000 17,080 20,000 20,000 - 0.00% 554,440 496,239 493,830 499,825 5,995 1.21% 105,100 109,375 108,120 116,469 8,349 7.72% 147,995 159,454 152,640 172,670 20,030 13.12% 69,930 103,456 95,750 95,750 - 0.00% 40,000 24,500 40,000 100,000 60,000 150.00% 390,000 679,000 365,000 375,000 10,000 2.74% 7,579,870 7,565,334 7,708,570 7,987,864 279,294 3.62% 1 of 54 Attachment B City of Orono 2017 General Fund Budget Major Expenditure Categories 2 of 54 Attachment B 2017 Increase % 2015 2015 Y -T -D 2016 Draft (Decrease) Increase Budget Actual Jun 30,2016 Binet Budget 2015 to 2016 (Decrease) Personal Services 4,834,770 4,684,658 2,170,860 4,951,340 5,096,600 145,260 2.93% Supplies & Maintenance 676,675 544,398 246,313 636,510 618,804 (17,706) -2.78% Insurances 98,030 98,593 49,348 97,470 99,220 1,750 1.80% Professional Services 952,150 982,028 403,614 1,023,400 1,081,950 58,550 5.72% Other Expenses 381,945 365,002 177,615 383,350 401,590 18,240 4.76% Capital Outlay 198,300 174,048 127,417 202,000 204,000 2,000 0.99% Transfers to Other Funds 390,000 679,000 - 365,000 375,000 10,000 2.74% Contingencies 40,000 24,500 1,356 40,000 100,000 60,000 150.00% Purchases for Resale 8,000 13,107 5,751 9,500 10,700 1,200 12.63% Total 7,579,870 7,565,334 3,182,275 7,708,570 7,987,864 279,294 3.62% 2 of 54 Attachment B City of Orono 2017 Line Item Budget Mayor & Council 41110 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services Other Expenses 101 Full -Time Employees Regular 18,200 18,200 18,200 9,100 18,200 0 0.00% 122 FICA 1,390 1,392 1,390 696 1,390 0 0.00% 151 Worker's Comp Insurance Prem 0 90 50 25 70 20 40.00% 401 1,000 0 0.00% 489 Other Miscellaneous Charges 0 Total Personal Services 19,590 19,682 19,640 9,821 19,660 20 0.10% 3 of 54 Attachment B Other Expenses 433 Memberships 70,810 70,387 62,100 36,042 63,990 1,890 3.04% 437 Training & Development 500 540 500 0 500 0 0.00% 439 Meeting Expenses 800 836 1,000 401 1,000 0 0.00% 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A Total Other Expenses 72,110 71,763 63,600 36,442 65,490 1,890 2.97% City Council Total 91,700 91,446 83,240 46,263 85,150 1,910 2.29% 3 of 54 Attachment B City of Orono 2017 Line Item Budget Administration 41300 4 of 54 Attachment B Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 192,950 189,820 192,350 86,426 197,790 5,440 2.83% 102 Full -Time Employees Overtime 1,300 0 1,300 0 1,300 0 0.00% 103 Part -Time Employees 0 0 0 0 0 0 N/A 104 Temporary Employees Regular 450 7,653 10,500 5,253 10,500 0 0.00% 121 PERA 14,570 13,545 14,520 6,300 14,930 410 2.82% 122 FICA 14,900 14,083 15,620 6,502 16,030 410 2.62% 135 City Benefit Contribution 35,940 24,960 37,020 16,223 37,020 0 0.00% 142 Unemployment Benefit Payments 0 0 0 0 0 0 N/A 151 Worker's Comp Insurance Prem 1,150 1,150 1,210 605 1,280 70 5.79% Total Personal Services 261,260 251,211 272,520 121,308 278,850 6,330 2.32% Supplies & Maintenance 208 Books & Periodicals 300 286 300 0 300 0 0.00% Total Supplies & Maintenance 300 286 300 0 300 0 0.00% Professional Services 319 Professional Services 6,000 5,485 6,000 2,250 6,000 0 0.00% Total Professional Serivices 6,000 5,485 6,000 2,250 6,000 0 0.00% 4 of 54 Attachment B City of Orono 2017 Line Item Budget Administration cont. 41300 5 of 54 Attachment B Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 5,000 4,623 4,000 1,800 4,000 0 0.00% 340 General Advertising 0 0 0 0 0 0 N/A 433 Memberships 1,500 1,396 1,300 1,195 500 (800) -61.54% 437 Training & Development 3,500 2,162 3,500 2,488 3,500 0 0.00% 439 Meeting Expenses 500 1,246 500 205 0 (500) -100.00% 489 Other Miscellaneous Charges 2,500 2,860 3,000 244 3,000 0 0.00% Total Other Expenses 13,000 12,286 12,300 5,932 11,000 (1,300) -10.57% Administration Total 280,560 269,268 291,120 129,490 296,150 5,030 1.73% 5 of 54 Attachment B Total Personal Services 0 0 12,960 0 1,160 (11,800) -91.05% SUDDIIes & Maintenance 208 Books & Periodicals 221 Equipment Parts & Accessories 240 Small Tools and Minor Equip Total Supplies & Maintenance 0 0 0 City of Orono 0 0 N/A 21000 0 2,200 1,832 2017 Line Item Budget (200) -9.09% 0 0 300 0 0 Elections -100.00% 316 800 0 0 (800) -100.00% 41410 Travel Expenses 0 0 100 0 0 (100) -100.00% 340 General Advertising Dollar % 220 0 2015 2015 2016 Y -T -D 2017 Increase Increase 0 0 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0 Personal Services 0 0 0 0 N/A 437 102 Full -Time Employees Overtime 0 0 1,000 0 1,000 0 0.00% 104 Temporary Employees Regular 0 0 11,800 0 0 (11,800) -100.00% 121 PERA 0 0 80 0 80 0 0.00% 122 FICA 0 0 80 0 80 0 0.00% Total Personal Services 0 0 12,960 0 1,160 (11,800) -91.05% SUDDIIes & Maintenance 208 Books & Periodicals 221 Equipment Parts & Accessories 240 Small Tools and Minor Equip Total Supplies & Maintenance 0 0 0 0 0 0 N/A 21000 0 2,200 1,832 2,000 (200) -9.09% 0 0 300 0 0 (300) -100.00% 2,000 0 2,500 1,832 2,000 (500) -20.00% Elections Total 2,400 316 18,130 1,832 3,160 (14,970) -82.57% 6 of 54 Attachment B Other Expenses 319 Professional Services 0 0 0 0 0 0 N/A 322 Postage 400 316 800 0 0 (800) -100.00% 331 Travel Expenses 0 0 100 0 0 (100) -100.00% 340 General Advertising 0 0 220 0 0 (220) -100.00% 412 Building Rentals 0 0 0 0 0 0 N/A 415 Other Equipment Rentals 0 0 0 0 0 0 N/A 437 Training & Development 0 0 100 0 0 (100) -100.00% 439 Meeting Expenses 0 0 600 0 0 (600) -100.00% 489 Other Miscellaneous Charges 0 0 850 0 0 (850) -100.00% Total Other Expenses 400 316 2,670 0 0 (2,670) -100.00% Elections Total 2,400 316 18,130 1,832 3,160 (14,970) -82.57% 6 of 54 Attachment B City of Orono 2017 Line Item Budget Assessing 41550 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Assessing Services 302 Assessing Services 160,000 166,074 180,000 0 180,000 0 0.00% Total Assessing Service 160,000 166,074 Assessing Total 160,000 166,074 180,000 0 180,000 0 0.00% 180,000 0 180,000 0 0.00% 7 of 54 Attachment B City of Orono 2017 Line Item Budget Finance Department 41500 8 of 54 Attachment B Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 207,160 208,801 211,380 105,009 210,430 (950) -0.45% 102 Full -Time Employees Overtime 200 0 200 0 200 0 0.00% 103 Part -Time Employees 21,040 21,368 21,400 8,999 22,520 1,120 5.23% 104 Temporary Employees Regular 0 0 0 0 0 0 N/A 121 PERA 17,110 17,271 17,030 8,451 17,470 440 2.58% 122 FICA 17,460 16,647 17,370 8,081 17,820 450 2.59% 135 City Benefit Contribution 52,920 41,207 52,080 19,651 52,080 0 0.00% 151 Worker's Comp Insurance Prem 1,250 1,250 1,330 665 1,610 280 21.05% Total Personal Services 317,140 306,544 320,790 150,856 322,130 1,340 0.42% Supplies & Maintenance 208 Books & Periodicals 0 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 0 N/A Professional Services 301 Auditing and Acct'g Services 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 N/A Other Expenses 331 Travel Expenses 150 190 200 0 200 0 0.00% 433 Memberships 330 325 330 325 340 10 3.03% 437 Training & Development 11000 833 1,000 0 1,000 0 0.00% Total Other Expenses 1,480 1,347 1,530 325 1,540 10 0.65% Finance Total 318,620 307,892 322,320 151,181 323,670 1,350 0.42% 8 of 54 Attachment B 9 of 54 Attachment B City of Orono 2017 Line Item Budget Law/Legal Services 41600 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Professional Services 305 Legal -Retainer 0 0 0 0 0 0 N/A 306 Legal -Prosecution 38,500 38,500 38,500 18,759 40,000 1,500 3.90% 307 Legal -Consulting 45,000 46,988 50,000 21,004 50,000 0 0.00% 308 Code Enforcement 4,000 2,054 4,000 450 4,000 0 0.00% 309 Jail Charges 10,000 9,040 10,000 6,906 10,000 0 0.00% Total Professional Services 97,500 96,581 102,500 47,119 104,000 1,500 1.46% Law/Legal Services Total 97,500 96,581 102,500 47,119 104,000 1,500 1.46% 9 of 54 Attachment B City of Orono 2017 Line Item Budget Central Services 41900 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Total Insurances 10,000 Supplies & Maintenance 361 General Liability Ins 362 Umbrella Liability Ins 363 Bonds Insurance 365 201 Office supplies 14,000 13,130 14,570 5,012 14,000 (570) -3.91% 221 Equipment Parts & Accessories 31000 3,838 3,000 476 3,000 0 0.00% 223 Bldg/Grounds Maint. Supplies 3,500 3,357 3,500 785 3,500 0 0.00% 401 Repairs/Maint-Office Equip 24,000 15,249 16,000 4,166 16,000 0 0.00% 403 Repairs/Maint-Misc. Equip 700 570 700 136 700 0 0.00% 404 Repairs/Maint-Bldgs/Grounds 15,000 23,870 15,000 7,172 20,000 5,000 33.33% 407 Janitorial Services 19,000 18,557 19,000 8,558 19,000 0 0.00% 416 Software Licensing 0 10,941 12,000 19,326 20,000 8,000 66.67% Total Supplies & Maintenance 79,200 89,511 83,770 45,632 96,200 12,430 14.84% Professional Services 301 Auditing and Acct'g Services 20,000 20,000 20,000 20,000 20,000 0 0.00% 311 Data Processing Communication 0 0 0 0 0 0 N/A 319 Professional Services 15,000 11,690 12,000 7,147 18,000 6,000 50.00% 370 Insurance Agent of Record 0 0 0 0 0 0 N/A Total Professional Services 35,000 31,690 32,000 27,147 38,000 6,000 18.75% Total Insurances 10,000 Insurances 361 General Liability Ins 362 Umbrella Liability Ins 363 Bonds Insurance 365 Boiler & Machinery Ins 366 Property Insurance 367 Equipment Floaters Ins 368 Automotive Insurance Total Insurances 10,000 10,000 10,000 5,000 10,000 0 0.00% 51000 5,000 5,000 2,500 5,000 0 0.00% 200 200 200 100 200 0 0.00% 1,300 1,300 1,300 650 1,300 0 0.00% 5,000 5,000 5,000 2,500 5,000 0 0.00% 11300 1,300 1,300 650 1,300 0 0.00% 7,400 7,400 7,400 3,700 7,400 0 0.00% 30,200 30,200 30,200 15,100 30,200 0 0.00% 10 of 54 Attachment B Other Expenses 312 Bank Fees 321 Telephone 322 Postage 329 Internet/Other Communications 352 Printing & Publishing 381 Gas & Electric 382 Water Utilities 413 Office Equipment Rental 440 Special Equipment Replacement 489 Other Miscellaneous Charges Total Other Expenses Capital Outlay 512 Spec Assmts on Land & Int 750 Interest on Special Assmnts 94,650 89,154 98,500 52,287 101,500 3,000 3.05% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% 11 of 54 Attachment B City of Orono 2017 Line Item Budget Central Services cont. 41900 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 4,000 4,408 4,000 2,540 4,500 500 12.50% 7,500 8,331 8,000 5,257 10,000 2,000 25.00% 11,000 10,739 11,000 9,972 11,000 0 0.00% 4,650 3,863 8,000 3,539 8,000 0 0.00% 15,500 15,182 15,000 6,552 15,000 0 0.00% 29,000 25,621 29,000 14,597 29,000 0 0.00% 2,500 3,046 2,500 1,149 3,000 500 20.00% 20,000 17,045 20,000 8,420 20,000 0 0.00% 0 0 0 11 0 0 N/A 500 919 1,000 250 1,000 0 0.00% 94,650 89,154 98,500 52,287 101,500 3,000 3.05% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% 11 of 54 Attachment B 12 of 54 Attachment B City of Orono 2017 Line Item Budget Human Services 41800 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Other Expenses 490 Contributions to Civic Org's 12,400 11,997 12,400 0 12,400 0 0.00% Total Other Expenses 12,400 11,997 12,400 0 12,400 0 0.00% Human Services Total 12,400 11,997 12,400 0 12,400 0 0.00% 12 of 54 Attachment B City of Orono 2017 Line Item Budget Police Department 42110 Total Personal Services Suoolies & Maintenance 201 Office supplies 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 228 Training Supplies 229 Explorers Program expenses 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 407 Janitorial Services 416 Software Licensing 3,197,850 3,120,780 3,296,420 1,434,325 3,387,560 91,140 2.76% 17,000 6,835 15,000 5,218 12,000 (3,000) -20.00% Dollar % 1,000 0 2015 2015 2016 Y -T -D 2017 Increase Increase 115,000 0 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0.00% Personal Services 911 1,300 20 1,300 0 0.00% 26,000 101 Full -Time Employees Regular 2,255,040 2,226,744 2,315,280 1,025,981 2,361,800 46,520 2.01% 102 Full -Time Employees Overtime 60,000 18,608 50,000 9,033 50,000 0 0.00% 103 Part -Time Employees 43,000 98,356 53,000 14,515 53,530 530 1.00% 104 Temporary Employees Regular 0 423 0 0 0 0 N/A 121 PERA 347,720 351,635 359,730 159,798 366,650 6,920 1.92% 122 FICA 44,440 44,327 46,000 19,826 47,120 1,120 2.43% 135 City Benefit Contribution 382,380 315,013 401,580 166,842 401,580 0 0.00% 142 Unemployment Benefit Payments 0 404 0 2,914 0 0 N/A 151 Worker's Comp Insurance Prem 65,270 65,270 70,830 35,415 106,880 36,050 50.90% Total Personal Services Suoolies & Maintenance 201 Office supplies 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 228 Training Supplies 229 Explorers Program expenses 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 407 Janitorial Services 416 Software Licensing 3,197,850 3,120,780 3,296,420 1,434,325 3,387,560 91,140 2.76% 17,000 6,835 15,000 5,218 12,000 (3,000) -20.00% 1,000 0 1,000 0 1,000 0 0.00% 115,000 48,008 115,000 25,725 115,000 0 0.00% 61000 6,690 6,000 2,591 6,000 0 0.00% 1,300 911 1,300 20 1,300 0 0.00% 26,000 27,738 25,000 21,410 25,000 0 0.00% 16,000 18,512 16,000 322 16,000 0 0.00% 4,000 3,456 4,000 99 4,000 0 0.00% 7,000 2,642 6,000 214 6,000 0 0.00% 14,500 7,601 5,000 2,361 5,000 0 0.00% 54,000 35,045 50,000 21,863 50,000 0 0.00% 81000 4,840 8,000 2,686 8,000 0 0.00% 7,500 7,678 6,500 3,296 6,500 0 0.00% 15,000 12,918 15,000 6,197 15,000 0 0.00% 0 9,987 10,000 12,785 11,500 1,500 15.00% Total Supplies & Maintenance 292,300 192,860 283,800 104,786 282,300 (1,500) -0.53% 13 of 54 Attachment B City of Orono 2017 Line Item Budget Police Department cont. 42110 2015 2015 2016 Budget Actual Budget Professional Services Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) 304 Engineering -Consulting 0 0 0 0 0 0 N/A 307 Legal -Consulting 6,500 3,736 8,000 3,038 8,000 0 0.00% 310 LOGIS-Applications 76,950 64,164 82,250 25,048 90,310 8,060 9.80% 311 Data Processing Communication 5,000 4,115 5,000 2,936 6,000 1,000 20.00% 317 Animal Care 1,700 85 1,000 0 1,000 0 0.00% 319 Professional Services 12,000 12,091 14,500 11,288 14,500 0 0.00% 370 Insurance Agent of Record 0 0 0 0 0 0 N/A Total Professional Services 102,150 84,190 110,750 42,310 119,810 9,060 8.18% Total Insurances 55,000 55,000 55,000 27,500 55,000 0 0.00% 14 of 54 Attachment B Insurances 361 General Liability Ins 35,000 35,000 35,000 17,500 35,000 0 0.00% 362 Umbrella Liability Ins 10,000 10,000 10,000 5,000 10,000 0 0.00% 366 Property Insurance 1,000 1,000 1,000 500 1,000 0 0.00% 367 Equipment Floaters Ins 0 0 0 0 0 0 N/A 368 Automotive Insurance 9,000 9,000 9,000 4,500 9,000 0 0.00% 379 Insurance Deductibles 0 0 0 0 0 0 N/A Total Insurances 55,000 55,000 55,000 27,500 55,000 0 0.00% 14 of 54 Attachment B City of Orono 2017 Line Item Budget Police Department cont. 42110 Total Other Expenses 126,075 110,434 128,880 59,972 129,580 700 0.54% Capital Outlay Dollar % 550 Automotive Equipment 2015 2015 2016 Y -T -D 2017 Increase Increase 560 Furniture and Fixtures Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 570 Other Expenses 7,300 6,176 7,000 0 7,000 0 0.00% 321 Telephone 23,225 19,166 23,230 10,542 23,230 0 0.00% 322 Postage 1,600 114 1,200 99 1,200 0 0.00% 329 Internet/Other Communications 6,070 3,598 6,100 2,559 6,300 200 3.28% 331 Travel Expenses 280 28 250 26 250 0 0.00% 340 General Advertising 0 55 0 0 0 0 N/A 352 Printing & Publishing 1,800 1,972 1,800 1,445 1,800 0 0.00% 381 Gas & Electric 18,000 24,965 20,000 8,227 20,000 0 0.00% 382 Water Utilities 1,500 1,634 1,200 402 1,200 0 0.00% 413 Office Equipment Rental 2,800 4,106 2,800 2,327 3,300 500 17.86% 414 EDP/Communications Equip Rent 20,000 23,443 20,000 9,620 20,000 0 0.00% 433 Memberships 3,000 2,770 5,500 2,640 5,500 0 0.00% 436 Towing Charges 0 147 0 157 0 0 N/A 437 Training & Development 35,000 20,356 35,000 17,380 35,000 0 0.00% 439 Meeting Expenses 2,500 2,142 2,500 1,378 2,500 0 0.00% 440 Special Equipment Replacement 5,000 3,668 5,000 0 5,000 0 0.00% 441 Licenses & Taxes 1,300 2,040 1,300 3,140 1,300 0 0.00% 489 Other Miscellaneous Charges 4,000 232 3,000 30 3,000 0 0.00% Total Other Expenses 126,075 110,434 128,880 59,972 129,580 700 0.54% 15 of 54 Attachment B Capital Outlay 550 Automotive Equipment 145,000 149,338 151,000 109,593 153,000 2,000 1.32% 560 Furniture and Fixtures 0 0 0 0 0 0 N/A 570 Office Equip and Furnishings 7,300 6,176 7,000 0 7,000 0 0.00% 575 IT Hardware & Applications 25,000 8,951 23,000 5,378 23,000 0 0.00% 580 Other Equipment 21,000 9,583 21,000 12,446 21,000 0 0.00% Total Capital Outlay 198,300 174,048 202,000 127,417 204,000 2,000 0.99% Police Total 3,971,675 3,737,312 4,076,850 1,796,309 4,178,250 101,400 2.49% 15 of 54 Attachment B City of Orono 2017 Line Item Budget Fire Protection Services 42260 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Professional Services 318 Fire Services 387,000 383,856 395,150 211,166 397,000 1,850 0.47% 319 Professional Services 0 0 0 0 0 0 N/A Total Professional Services 387,000 383,856 395,150 211,166 397,000 1,850 0.47% Fire Protection Services Total 387,000 383,856 395,150 211,166 397,000 1,850 0.47% 16 of 54 Attachment B Personal Services 101 Full -Time Employees Regular 102 Full -Time Employees Overtime 103 Part -Time Employees 104 Temporary Employees Regular 121 PERA 122 FICA 135 City Benefit Contribution 142 Unemployment Benefit Payments 151 Worker's Comp Insurance Prem Total Personal Services Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip City of Orono 2017 Line Item Budget Building & Zoning 42400 2015 2015 2016 Budget Actual Budget Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) 444,180 428,200 435,010 209,108 438,290 3,280 0.75% 200 115 200 0 200 0 0.00% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 33,330 31,784 32,640 15,452 32,890 250 0.77% 34,000 33,318 33,290 15,837 33,540 250 0.75% 71,880 52,105 74,040 24,435 74,040 0 0.00% 0 0 0 0 0 0 N/A 2,510 2,510 2,620 1,310 2,460 (160) -6.11% 586,100 548,032 577,800 266,141 581,420 3,620 0.63% 0 262 600 142 500 (100) -16.67% 1,500 1,876 1,500 0 1,500 0 0.00% 0 449 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 0 0 0 3,200 3,200 N/A 1,000 0 1,000 0 1,000 0 0.00% 0 0 0 0 0 0 N/A Total Supplies & Maintenance 2,500 2,587 3,100 142 6,200 3,100 100.00% 17 of 54 Attachment B Professional Services 304 Engineering -Consulting 2,500 104 2,500 0 12,500 10,000 400.00% 307 Legal -Consulting 16,000 23,886 16,000 11,393 16,000 0 0.00% 310 Inspection Services 72,000 89,226 100,000 32,887 100,000 0 0.00% 319 Professional Services 3,000 3,100 2,500 1,885 32,500 30,000 1200.00% Total Professional Services 93,500 116,315 121,000 46,164 161,000 40,000 33.06% 17 of 54 Attachment B City of Orono 2017 Line Item Budget Building & Zoning cont. 42400 18 of 54 Attachment B Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 1,500 402 1,500 92 1,500 0 0.00% 340 General Advertising 0 0 0 0 0 0 N/A 415 Other Equipment Rentals 0 0 0 0 0 0 N/A 433 Memberships 500 1,330 750 710 800 50 6.67% 437 Training & Development 21000 1,386 2,000 1,046 2,000 0 0.00% 439 Meeting Expenses 250 881 750 32 9,450 8,700 1160.00% 441 Licenses & Taxes 150 0 150 32 100 (50) -33.33% Total Other Expenses 4,400 4,000 5,150 1,911 13,850 8,700 168.93% Building & Zoning Total 686,500 670,933 707,050 314,358 762,470 55,420 7.84% 18 of 54 Attachment B City of Orono 2017 Line Item Budget Engineering 43170 19 of 54 Attachment B Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Professional Services 303 Engineering -Retainer 0 0 0 0 0 0 N/A 304 Engineering -Consulting 25,000 17,080 20,000 4,413 20,000 0 0.00% Total Professional Services 25,000 17,080 20,000 4,413 20,000 0 0.00% Engineering Total 25,000 17,080 20,000 4,413 20,000 0 0.00% 19 of 54 Attachment B Total Personal Services 304,310 290,179 289,550 125,057 331,500 41,950 14.49% Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 222 Vehicle Equipment & Parts 224 Street Maint. Materials/Supply 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 408 Contracted Street Maint. 0 169 170 City of Orono 170 0 0.00% 45,600 14,504 45,600 5,124 2017 Line Item Budget (5,600) -12.28% 16,000 16,882 16,000 6,590 16,000 Public Works Department 0.00% 8,000 5,286 8,000 1,571 8,000 0 43000 65,800 47,419 40,980 18,849 44,525 3,545 8.65% 3,500 4,109 3,500 Dollar % 0 0.00% 2015 2015 2016 Y -T -D 2017 Increase Increase 0.00% 5,000 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 5,000 Personal Services 3,000 3,640 3,000 0 0.00% 0 101 Full -Time Employees Regular 207,220 200,530 187,680 88,731 215,250 27,570 14.69% 102 Full -Time Employees Overtime 11,000 6,008 11,000 2,650 11,000 0 0.00% 121 PERA 16,370 15,135 14,900 6,172 16,970 2,070 13.89% 122 FICA 16,690 15,143 15,200 6,086 17,310 2,110 13.88% 135 City Benefit Contribution 39,300 39,633 48,090 15,078 52,170 4,080 8.48% 142 Unemployment Benefit Payments 0 0 0 0 0 0 N/A 151 Worker's Comp Insurance Prem 13,730 13,730 12,680 6,340 18,800 6,120 48.26% Total Personal Services 304,310 290,179 289,550 125,057 331,500 41,950 14.49% Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 222 Vehicle Equipment & Parts 224 Street Maint. Materials/Supply 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 408 Contracted Street Maint. 0 169 170 169 170 0 0.00% 45,600 14,504 45,600 5,124 40,000 (5,600) -12.28% 16,000 16,882 16,000 6,590 16,000 0 0.00% 8,000 5,286 8,000 1,571 8,000 0 0.00% 65,800 47,419 40,980 18,849 44,525 3,545 8.65% 3,500 4,109 3,500 1,311 3,500 0 0.00% 850 1,377 1,000 923 1,000 0 0.00% 5,000 11,185 7,000 5,540 10,000 3,000 42.86% 5,000 5,855 3,000 3,640 3,000 0 0.00% 0 1,982 0 7,252 0 0 N/A 69,700 63,927 47,810 903 7,500 (40,310) -84.31% Total Supplies & Maintenance 219,450 172,695 173,060 51,873 133,695 (39,365) -22.75% Professional Services 304 PW Engineering -Consulting 319 Professional Services 0 641 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Professional Services 0 641 0 0 0 0 N/A 20 of 54 Attachment B Total Other Expenses Public Works Total Other Expenses 331 Travel Expenses 381 Gas & Electric 386 Street Lighting 415 Other Equipment Rentals 433 Memberships 437 Training & Development 441 Licenses & Taxes 489 Other Miscellaneous Charges Total Other Expenses Public Works Total 30,680 City of Orono 31,220 12,394 34,630 3,410 10.92% 2017 Line Item Budget Public Works Department cont. 43000 554,440 496,239 493,830 189,323 499,825 5,995 1.21% Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) 0 352 0 0 0 0 N/A 4,880 3,027 4,880 1,274 4,880 0 0.00% 21,690 24,612 21,690 10,389 25,000 3,310 15.26% 960 254 960 83 960 0 0.00% 430 284 430 0 0 (430) -100.00% 21500 3,498 3,000 406 3,500 500 16.67% 220 50 220 236 250 30 13.64% 0 647 40 7 40 0 0.00% 30,680 32,724 31,220 12,394 34,630 3,410 10.92% 554,440 496,239 493,830 189,323 499,825 5,995 1.21% 21 of 54 Attachment B City of Orono 2017 Line Item Budget Parks 45200 22 of 54 Attachment B Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 18,600 21,368 20,070 9,857 20,270 200 1.00% 102 Full -Time Employees Overtime 0 0 0 160 0 0 N/A 103 Part -Time Employees 0 0 0 3,788 0 0 N/A 104 Temporary Employees Regular 10,000 8,713 10,000 0 10,000 0 0.00% 121 PERA 1,390 1,420 1,510 735 1,520 10 0.66% 122 FICA 1,420 1,589 2,300 769 2,320 20 0.87% 135 City Benefit Contribution 31900 2,701 3,600 1,010 3,600 0 0.00% 151 Worker's Comp Insurance Prem 740 740 1,490 745 1,890 400 26.85% Total Personal Services 36,050 36,530 38,970 17,063 39,600 630 1.62% Supplies & Maintenance 212 Motor Fuels & Lubricants 0 0 0 19 0 0 N/A 221 Equipment Parts & Accessories 500 1,629 500 589 0 (500) -100.00% 223 Bldg/Grounds Maint. Supplies 1,500 3,163 1,500 4,187 7,600 6,100 406.67% 225 Misc Park Supplies 10,000 6,573 10,000 354 10,000 0 0.00% 403 Repairs/Maint-Misc. Equip 0 0 0 147 0 0 N/A 404 Repairs/Maint-Bldgs/Grounds 42,000 46,088 52,000 16,379 53,779 1,779 3.42% Total Supplies & Maintenance 54,000 57,453 64,000 21,674 71,379 7,379 11.53% Professional Services 319 Professional Services 11,000 9,645 1,000 495 1,140 140 14.00% Total Professional Services 11,000 9,645 1,000 495 1,140 140 14.00% 22 of 54 Attachment B City of Orono 2017 Line Item Budget Parks cont. 45200 23 of 54 Attachment B Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 0 0 0 0 0 0 N/A 381 Gas & Electric 550 416 550 164 550 0 0.00% 415 Other Equipment Rentals 3,200 4,750 3,300 1,087 3,500 200 6.06% 439 Meeting Expenses 0 0 0 0 0 0 N/A 441 Licenses & Taxes 300 580 300 0 300 0 0.00% 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A 490 Contributions to Civic Org's 0 0 0 0 0 0 N/A Total Other Expenses 4,050 5,746 4,150 1,251 4,350 200 4.82% Parks Total 105,100 109,375 108,120 40,484 116,469 8,349 7.72% 23 of 54 Attachment B Personal Services 101 Full -Time Employees Regular 103 Part -Time Employees 104 Temporary Employees Regular 121 PERA 122 FICA 135 City Benefit Contribution 142 Unemployment Benefit Payments 143 OPEB Expense 151 Worker's Comp Insurance Prem Total Personal Services Suoolies & Maintenance 201 Office supplies 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds City of Orono 2017 Line Item Budget Golf Course 45210 2015 2015 2016 Budget Actual Budget Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) 32,910 31,809 32,690 14,747 32,450 (240) -0.73% 35,660 41,073 37,160 20,167 53,340 16,180 43.54% 0 960 0 395 0 0 N/A 3,640 0 3,640 0 0 (3,640) -100.00% 4,000 3,042 6,660 1,427 6,560 (100) -1.50% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 1,330 1,330 1,790 895 1,620 (170) -9.50% 77,540 78,214 81,940 37,632 93,970 12,030 14.68% 300 416 300 166 300 0 0.00% 3,500 2,745 5,000 1,291 5,000 0 0.00% 11500 659 1,500 1,761 1,500 0 0.00% 3,500 6,044 4,500 3,961 4,500 0 0.00% 125 0 180 152 180 0 0.00% 100 195 0 5 500 500 N/A 0 53 0 0 0 0 N/A 400 267 0 185 250 250 N/A 21500 2,170 2,500 3,764 2,500 0 0.00% 15,000 16,458 12,000 9,070 12,000 0 0.00% Total Supplies & Maintenance 26,925 29,006 25,980 20,355 26,730 750 2.89% 24 of 54 Attachment B Total Insurances 12,830 13,393 12,270 6,748 14,020 1,750 14.26% Other Expenses 312 Bank Fees 319 Professional Services 321 Telephone 331 Travel Expenses 340 General Advertising 352 Printing & Publishing 381 Gas & Electric 415 Other Equipment Rentals 433 Memberships 437 Training & Development 440 Special Equipment Replacement 441 Licenses & Taxes 489 Other Miscellaneous Charges 1,000 4,365 1,000 City of Orono 4,000 3,000 300.00% 0 500 0 0 2017 Line Item Budget 0 N/A 2,000 2,952 2,200 1,216 2,500 Golf Course cont. 13.64% 0 0 0 0 0 0 45210 1,000 1,519 1,000 500 1,750 750 75.00% 0 0 0 Dollar % 0 N/A 2015 2015 2016 Y -T -D 2017 Increase Increase 2.41% 9,500 Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 250 Insurances 250 270 300 50 20.00% 150 361 General Liability Ins 7,500 7,500 7,500 3,750 8,000 500 6.67% 362 Umbrella Liability Ins 11500 1,500 1,500 750 1,500 0 0.00% 365 Boiler & Machinery Ins 300 300 300 150 350 50 16.67% 366 Property Insurance 2,300 2,300 2,300 1,150 2,650 350 15.22% 367 Equipment Floaters Ins 300 300 300 150 350 50 16.67% 368 Automotive Insurance 370 370 370 185 370 0 0.00% 369 Dram Shop Insurance 560 1,123 0 613 800 800 N/A Total Insurances 12,830 13,393 12,270 6,748 14,020 1,750 14.26% Other Expenses 312 Bank Fees 319 Professional Services 321 Telephone 331 Travel Expenses 340 General Advertising 352 Printing & Publishing 381 Gas & Electric 415 Other Equipment Rentals 433 Memberships 437 Training & Development 440 Special Equipment Replacement 441 Licenses & Taxes 489 Other Miscellaneous Charges 1,000 4,365 1,000 1,326 4,000 3,000 300.00% 0 500 0 0 0 0 N/A 2,000 2,952 2,200 1,216 2,500 300 13.64% 0 0 0 0 0 0 N/A 1,000 1,519 1,000 500 1,750 750 75.00% 0 0 0 370 0 0 N/A 8,300 8,025 8,300 2,848 8,500 200 2.41% 9,500 7,529 9,500 133 9,500 0 0.00% 250 150 250 270 300 50 20.00% 150 19 150 0 150 0 0.00% 0 0 0 0 0 0 N/A 500 675 550 319 550 0 0.00% 0 0 0 119 0 0 N/A Total Other Expenses 22,700 25,733 22,950 7,100 27,250 4,300 18.74% 25 of 54 Attachment B City of Orono 2017 Line Item Budget Golf Course cont. 45210 26 of 54 Attachment B Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Purchases for Resale 090 PURCHASES FOR RESALE 0 (696) 0 0 0 0 N/A 091 Beer For Resale 2,000 4,440 3,000 1,880 3,000 0 0.00% 092 Soft Drinks For Resale 3,000 3,355 4,000 2,352 3,200 (800) -20.00% 093 Concessions For Resale-Txbl 1,500 0 1,500 0 1,500 0 0.00% 094 Concessions For Resale-NonTax 0 2,821 1,000 1,367 1,000 0 0.00% 095 Pro Shop Items For Resale 1,500 3,187 0 153 2,000 2,000 N/A 099 Other For Resale 0 0 0 0 0 0 N/A Total Purchases for Resale 81000 13,107 9,500 5,751 10,700 1,200 12.63% Golf Course Total 147,995 159,454 152,640 77,586 172,670 20,030 13.12% 26 of 54 Attachment B City of Orono 2017 Line Item Budget Special Services -Consulting & Police 43280 2015 2015 2016 Budget Actual Budget Dollar Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget Decrease (Decrease) Special Services -Consulting & Police Total 69,930 103,456 95,750 31,209 95,750 0 0.00% 27 of 54 Attachment B Personal Services 102 Full -Time Employees Overtime 30,000 29,115 35,000 7,712 35,000 0 0.00% 121 PERA 4,500 3,989 5,250 840 5,250 0 0.00% 122 FICA 430 376 500 102 500 0 0.00% 135 City Benefit Contribution 0 4 0 3 0 0 N/A Total Personal Services 34,930 33,485 40,750 8,658 40,750 0 0.00% Professional Services 304 Engineering -Consulting 25,000 48,859 43,000 18,921 45,000 2,000 4.65% 307 Legal -Consulting 10,000 21,112 12,000 3,630 10,000 (2,000) -16.67% 319 Professional Services 0 0 0 0 0 0 N/A 800 Special Projects, Contingency 0 0 0 0 0 0 N/A Total Professional Services 35,000 69,971 55,000 22,551 55,000 0 0.00% Special Services -Consulting & Police Total 69,930 103,456 95,750 31,209 95,750 0 0.00% 27 of 54 Attachment B City of Orono 2017 Line Item Budget Special Projects -Contingencies 43290 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 0 0 0 0 0 0 N/A Total Personal Services 0 0 0 0 0 0 N/A Professional Services 304 Engineering -Consulting 0 0 0 0 0 0 N/A 319 Professional Services 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 N/A Other Expenses 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 0 N/A Capital & Transfers 510 Land 0 0 0 0 0 0 N/A 720 Operating Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Total Capital & Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Contingency Items 800 Special Projects, Contingency 40,000 24,500 40,000 1,356 100,000 60,000 150.00% Total Contingency Items 40,000 24,500 40,000 1,356 100,000 60,000 150.00% Special Projects -Contingencies Total 17.28% 430,000 703,500 405,000 1,356 475,000 70,000 GENERAL FUND TOTAL 3.62% 7,579,870 7,565,334 7,708,570 3,182,255 7,987,864 279,294 Orono Budget - 2017 28 of 54 Attachment B Pavement Management Fund Balance *Assumed based on budget and levy discussions. Attachment Estimated Revenue Requirements Pavement Fund Balance Balance from 2016 $ 332,896 $ 332,896 2017 Levy $ 401,000 $ 733,896 Contracted Street Maintenance (Patching, Tree trimming, Striping and Crack Sealing) $ 47,000 $ 686,896 Fox Street (Old Crystal Bay to Willow) $ 735,413 $ (48,517) Fox Street (Brown -Orono Orchard) $ 418,271 $ (466,788) 2017 Sealcoating $ 108,122 $ (574,910) Feasibility Study for 2018 reconstructs $ 24,000 $ (598,910) Casco Circle Mill and Overlay (deferred from 2016) $ 120,435 $ (719,345) 2016 Seal Coating $ 178,556 $ (897,901) West Lafayette Reconstruction (deferred from 2014, 2015 & 2016) $ 143,117 $ (1,041,018) *Assumed based on budget and levy discussions. Attachment MEMORANDUM TO: CITY COUNCIL FROM: ADAM T. EDWARDS, PE SUBJECT: STREET FUNDING DATE: JULY 25, 2016 References: City of Orono Pavement Management Plan, adopted October 27, 2014. City of Orono 2016 Capital Investment Plan (CIP) City of Orono 2016 Budget 1. Issue. The City's street rebuilding and maintenance requirements exceed current resourcing. 2. Background. For some time the City of Orono has struggled as to how to come up with annual funds to maintain its road/street infrastructure. The 2016 Budget does include $88,800 for pavement maintenance which is sufficient for potholing, signs and winter maintenance. However The Pavement Management Fund (PMF) has $183,000 dedicated funding from the levy for preventative maintenance and reconstruction which is significantly below the amount required to properly maintain the city's streets. In the past, the City has funded street reconstruction projects through the sale of bonds and has applied general fund surpluses towards street maintenance projects. This has resulted in the disproportionally large number of streets in disrepair requiring reactive maintenance and the inability for the Staff to plan for and execute a proactive maintenance plan to protect and extend the life of these valuable assets. a. Pavement Planning. In October 2014 the City adopted a Pavement Management Plan (PMP) which does provide prioritization of road maintenance as well as a description of funding sources. The PMP is used to inform the City's Capital Improvement Plan (CIP) which does provide specific priorities specific roads to receive maintenance or reconstruction out to 5 years and identifies a funding requirement in general categories out to 20 years. Ideally the CIP would then inform the annual budget cycle. b. Staffing and Action to Date. Fall of The City Council directed Staff to develop options for funding annual street 2013 reconstruction and maintenance. Staff conducted a study to include querying surrounding communities about how they provide funding for annual street maintenance and reconstruction. March Staff presented funding options to the City Council. Council requested staff to analyze 2014 funding options against several scenarios. May 2014 Scenarios (Assessments, Franchise fees, Bonding, Levy Increases) were presented. The Council directed Staff to bring back more information on franchise fees and to present an option for road maintenance in the 2015 General Fund Budget. August Council directed staff to add $30K to the roads maintenance budget for 2015 2014 October Council adopted the Pavement Management Plan (PMP) 2014 April Council reviewed the funding options for road maintenance/reconstruction with the 2015 consensus being against Assessments or Franchise Fees. Attachment C May 2015 Council of directed Staff to provide a by year maintenance and reconstruction plan for the Levy next five years. June 2015 Council reviewed a sample five year plan and the impacts to the Levy to fund the plan. Work Council provided guidance to create a funding source for Pavement Management Fund Increase with a dedicated Levy of $183,000. December Council deferred decision on road maintenance projects for 2016. Setting April of 2016 2015 as the date to review road planning and funding. April Council selected roads for Mill and Overlay but moved road funding discussion to the 2016 May work session May 2015 Council directed funding discussion to be held concurrently with 2017 budgeting Impact discussions. 2. Street Funding. Distributing the pavement maintenance and reconstruction requirement per the City's Pavement Management Plan over a 10 year period, results in a funding requirement of $550,000/ yr for Maintenance and $500,000/yr for Reconstruction for a total of $1,050,000/yr. The $183,000 dedicated to the Pavement management fund for 2016 represents 17% of the requirement leaving a funding deficit of $867,000/yr. Based on current projections the City could dedicate another $200,000 the Pavement Management levy for a total of $383,000 without raising the tax rate. This represent 36% of the requirement leaving a deficit of $667,000. The first table below shows the impact of these costs on the Levy. The second table depict Levy impacts if the City were to adopt franchise fees as a funding source for remaining maintenance requirements. a. Tax Levy Impacts of Fully Funding Street Maintenance & Reconstruction Requirements Type of Street Annual Levy Tax Rate Tax Tax Tax Tax Work Cost Increase Increase Impact Impact on Impact Impact Fee ($) (%) (Percentage on $546K on $1M on $2M (%) (Percentage Impact Points) $250K Home Home Home Home (Median) on $546K Maintenance $167,000 3.37% 0.54 $ 13 $ 27 $ 61 $ 128 Reconstruct $500,000 10.09% 1.62 $ 39 $ 81 $ 182 $ 385 Total $667,000 13.46% 2.16 $ 52 $ 108 $ 243 $ 513 b. Tax Levy and Franchise Fee Impacts of Funding Street Maintenance & Reconstruction Requirements. This assumes a franchise fee of $2/month on Natural Gas and $2.25/month on Electrical Bills. Type of Street Annual Levy Tax Rate Tax and Tax and Tax and Tax and Work Cost Increase Increase Fee Fee Fee Fee ($) (%) (Percentage Impact Impact on Impact Impact Points) on $546K on $1M on $2M $250K Home Home Home Home (Median) Maintenance via Franchise Fee $167,000 0 0 $ 51 $ 51 $ 51 $ 51 Reconstruct $500,000 10.09% 1.62 $ 39 $ 81 $ 182 $ 385 Total $667,376 10.09% 1.62 $ 90 $142 $ 233 $ 436 3. Impacts. Fully funding the both preventive maintenance and reconstruction as in tables above allows the city to realize it Pavement Management Plan. 4. Road Budgeting for 2017. The table below depict preliminary budgeting numbers for 2017 based on the 2016 CIP, projected Pavement fund balances. The third Column depicts the fund balance with an assumed Pavement Levy increase of $200,000. The forth column depicts the fund balance assuming a 2017 road levy of 1,050,000. More detailed estimates will be provided in the 2017 Public Works Plan Attachment C which will take into account results from the ongoing feasibility study. Based on current projections requirements will once again exceed resources unless additional funding sources are identified. Item Estimate Pavement Fund Balance (Partially Funded) Pavement Fund Balance (Fully Funded) Balance from 2016 $ 332,896 $ 332,896 $ 332,896 2017 Levy (assumes addition of $200,000 in 2017) $ 383,000 $ 715,896 2017 Levy (assumes 1,050,000 in 2017) $1,050,000 $ 1,382,896 Contracted Street Maintenance (Patching, Tree Trimming, Striping and Crack Sealing) $ 47,000 $ 668,896 $ 1,335,896 Fox Street (Old Crystal Bay to Willow) $ 674,559 $ (5,663) $ 661,337 Feasibility Study for 2018 Reconstructs $ 24,000 $ (29,663) $ 637,337 Dickenson Mill and Overlay $ 57,048 $ (86,711) $ 580,289 Northern Avenue Mill and Overlay $ 63,564 $ (150,275) $ 516,725 Chevy Chase Mill and Overlay $ 175,532 $ (325,807) $ 341,193 2017 Sealcoating $ 263,164 $ (588,971) $ 78,029 Casco Circle Mill and Overlay deferred from 2016) $ 120,435 $ (709,406) $ (42,406) 2016 Seal Coating (deferred from 2016) $ 178,556 $ (887,962) $ (220,962) West Lafayette Reconstruction (deferred from 2014, 2015 & 2016) $ 143,117 $ (1,031,079) $ (364,079) a. MSA Streets Proposed for Reconstruction in 2017. Project Estimated Cost Fox Street (Willow -Brown) $ 645,195 Request: Direction on how to provide reliable funding for the City's streets as part of the 2017 and beyond budget processes. Attachment C City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $1,000,000.00 Total Sources $1,000,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 12,000.00 Costs of Issuance 30,500.00 Rounding Amount 957,500.00 Total Uses $1,000,000.00 Orono - Road Projects 10 I SINGLE PURPOSE 1 8/15/2016 1 6:59 PM EHLERS LEADERS IN PUBLIC FINANCE Page 1 Attachment D City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2017 - - - - 02/01/2018 95,000.00 0.800% 16,062.08 111,062.08 02/01/2019 95,000.00 0.950% 13,007.50 108,007.50 02/01/2020 95,000.00 1.100% 12,105.00 107,105.00 02/01/2021 100,000.00 1.250% 11,060.00 111,060.00 02/01/2022 100,000.00 1.350% 9,810.00 109,810.00 02/01/2023 100,000.00 1.450% 8,460.00 108,460.00 02/01/2024 100,000.00 1.550% 7,010.00 107,010.00 02/01/2025 105,000.00 1.650% 5,460.00 110,460.00 02/01/2026 105,000.00 1.750% 3,727.50 108,727.50 02/01/2027 105,000.00 1.800% 1,890.00 106,890.00 Total $1,000,000.00 - $88,592.08 $1,088,592.08 Yield Statistics Bond Year Dollars $5,771.67 Average Life 5.772 Years Average Coupon 1.5349480% Net Interest Cost (NIC) 1.7428602% True Interest Cost (TIC) 1.7514986% Bond Yield for Arbitrage Purposes 1.5300596% All Inclusive Cost (AIC) 2.3312732% IRS Form 8038 Net Interest Cost 1.5349480% Weighted Average Maturity 5.772 Years Orono - Road Projects 10 1 SINGLE PURPOSE 1 8/15/2016 1 6:59 PM EHLERS LEADERS IN PUBLIC FINANCE Page 2 Attachment D City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $2,800,000.00 Total Sources $2,800,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 33,600.00 Costs of Issuance 40,000.00 Deposit to Current Refunding Fund 2,725,000.00 Rounding Amount 1,400.00 Total Uses $2,800,000.00 Proposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM 40 EHLERS LEADERS IN PUBLIC FINANCE Attachment D City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2016 - - 08/01/2017 - - 17,808.33 17,808.33 - 02/01/2018 245,000.00 0.650% 13,356.25 258,356.25 276,164.58 08/01/2018 - 0.750%- 12,560.00 12,560.00 - 02/01/2019 495,000.00 12,560.00 507,560.00 520,120.00 08/01/2019 - - 10,703.75 10,703.75 - 02/01/2020 505,000.00 0.850% 10,703.75 515,703.75 526,407.50 08/01/2020 - - 8,557.50 8,557.50 - 02/01/2021 515,000.00 1.000% 8,557.50 523,557.50 532,115.00 08/01/2021 - - 5,982.50 5,982.50 - 02/01/2022 515,000.00 1.100% 5,982.50 520,982.50 526,965.00 08/01/2022 - - 3,150.00 3,150.00 - 02/01/2023 525,000.00 1.200% 3,150.00 528,150.00 531,300.00 Total $2,800,000.00 - $113,072.08 $2,913,072.08 - Yield Statistics Bond Year Dollars $11,001.67 Average Life 3.929 Years Average Coupon 1.0277723% Net Interest Cost (NIC) 1.3331805% True Interest Cost (TIC) 1.3419622% Bond Yield for Arbitrage Purposes 1.0264686% All Inclusive Cost (AIC) 1.7241432% IRS Form 8038 Net Interest Cost Weighted 1.0277723% Average Maturity 3.929 Years 0 EHLERS LEADERS IN PUBLIC FINANCE'nO 'roposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM Attachment D City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2017 - (1,400.00) - 1,400.00 02/01/2018 276,164.58 276,164.58 310,727.50 34,562.92 02/01/2019 520,120.00 520,120.00 553,272.50 33,152.50 02/01/2020 526,407.50 526,407.50 561,597.50 35,190.00 02/01/2021 532,115.00 532,115.00 563,895.00 31,780.00 02/01/2022 526,965.00 526,965.00 560,210.00 33,245.00 02/01/2023 531,300.00 531,300.00 565,710.00 34,410.00 Total $2,913,072.08 $2,911,672.08 $3,115,412.50 $203,740.42 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings ..................... 195,614.02 Net PV Cashflow Savings @ 1.026%(Bond Yield)..... 195,614.02 Contingency or Rounding Amount .................... 1,400.00 Net Present Value Benefit $197,014.02 Net PV Benefit / $2,995,614.02 PV Refunded Debt Service 6.577% Net PV Benefit / $2,725,000 Refunded Principal... 7.230% Net PV Benefit / $2,800,000 Refunding Principal.. 7.036% Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 Proposed XR 2008A GO Sar I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM EH L E RS Attachment D LEADERS IN PUBLIC FINANCE City of Orono, MN $4,500,000 General Obligation Street Reconstruction Bonds, Series 2008A Debt Service To Maturity And To Call Base date for Avg. Life & Avg. Coupon Calculation 12/01/2016 Average Life 4.011 Years Average Coupon 3.7258140% Weighted Average Maturity (Par Basis) Weighted 4.011 Years Average Maturity (Original Price Basis) 4.011 Years Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 2008A GO St Recon Bonds I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM EHLERS LEADERS IN PUBLIC FINANCE Attachment D Refunded Refunded Date Bonds D/S To Call Principal Coupon Interest D/S 12/01/2016 02/01/2017 2,725,000.00 2,725,000.00 - - 08/01/2017 - - 50,363.75 50,363.75 02/01/2018 210,000.00 3.550% 50,363.75 260,363.75 08/01/2018 - - 46,636.25 46,636.25 02/01/2019 460,000.00 3.625% 46,636.25 506,636.25 08/01/2019 - - 38,298.75 38,298.75 02/01/2020 485,000.00 3.650% 38,298.75 523,298.75 08/01/2020 - - 29,447.50 29,447.50 02/01/2021 505,000.00 3.700% 29,447.50 534,447.50 08/01/2021 - - - 20,105.00 20,105.00 02/01/2022 520,000.00 3.750% 20,105.00 540,105.00 08/01/2022 - - 10,355.00 10,355.00 02/01/2023 545,000.00 3.800% 10,355.00 555,355.00 Total $2,725,000.00 $2,725,000.00 $2,725,000.00 - $390,412.50 $3,115,412.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 12/01/2016 Average Life 4.011 Years Average Coupon 3.7258140% Weighted Average Maturity (Par Basis) Weighted 4.011 Years Average Maturity (Original Price Basis) 4.011 Years Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 2008A GO St Recon Bonds I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM EHLERS LEADERS IN PUBLIC FINANCE Attachment D General Fund and Tax Levy Statistics Attachment E General General Debt Total Fund Undesignated Surplus Fund GF Levy Service PMP Total Levy Year Budget Fund Balance (Deficit) * Levy Increase Levy Levy Levy Increase Tax Rate 2005 $ 5,132,950 52.14% $ 107,590 $ 2,990,470 - $ 471,200 $ - $ 3,461,670 - 16.25 2006 $ 5,544,740 46.72% $ 154,305 $ 3,282,710 9.77% $ 520,442 $ - $ 3,803,152 9.86% 15.31 2007 $ 5,584,240 52.94% $ 613,954 $ 3,365,520 2.52% $ 717,710 $ - $ 4,083,230 7.36% 14.26 2008 $ 6,034,650 53.36% $ 15,841 $ 3,705,790 10.11% $ 685,370 $ - $ 4,391,160 7.54% 13.58 2009 $ 6,163,850 56.00% $ 82,796 $ 3,857,431 4.09% $ 707,256 $ - $ 4,564,687 3.95% 13.18 2010 $ 5,928,210 54.60% $ (46,649) $ 3,889,710 0.84% $ 776,170 $ - $ 4,665,880 2.22% 13.68 2011 $ 5,785,630 64.00% $ 249,598 $ 3,932,260 1.09% $ 769,500 $ - $ 4,701,760 0.77% 14.99 2012 $ 5,785,630 60.00% $ (340,480) $ 3,932,260 0.00% $ 769,500 $ - $ 4,701,760 0.00% 16.28 2013 $ 7,348,630 50.00% $ 185,731 $ 3,946,260 0.36% $ 755,500 $ - $ 4,701,760 0.00% 17.67 2014 $ 7,333,630 58.00% $ 540,942 $ 3,946,260 0.00% $ 755,500 $ - $ 4,701,760 0.00% 17.39 2015 $ 7,579,870 55.85% $ 661,025 $ 4,016,500 1.78% $ 755,500 $ - $ 4,772,000 1.49% 17.39 2016 $ 7,708,570 $ 4,016,500 0.00% $ 755,500 $ 183,000 $ 4,955,000 3.83% 17.33 Attachment E TAX CAPACITY Net Tax Capacity (To calculate rate) LOCAL LEVY Total levy all funds TAX CAPACITY RATES General Revenue Pavement Management Fund GO Improvement 2008 GO Improvement 2010 GO Improvement 2014 Potential Additional Levy Total Local Tax Capacity Rate City of Orono Tax Capacity, Local Levy, & Tax Capacity Rates 17.325% Tax Capacity Rate Attachment F 2017 Over/ Under 2016 Actual Estimated 2016 2017 Amount Percent $28,597,714 $30,902,466 $2,304,752 8.06% $4,954,480 $5,353,730 $399,250 8.06% Tax Levy 14.045% 13.582% -0.463 4,197,244 0.640% 1.299% 0.659 401,506 0.672% 0.622% -0.050 192,150 0.458% 0.424% -0.034 131,050 1.510% 1.397% -0.113 431,780 0.000% 0.000% 0.000 0 17.325% 17.325% 0.000 55 35� Attachment F Debt Issue 2016 2017 2018 2019 2020 2021 2022 2023 2008 Street Reconstruction Bonds 125,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Tax levy 192,150 192,840 450,530 456,975 457,275 456,780 460,675 101,000 Transfer - Water 55,000 55,000 55,000 55,000 55,000 55,000 55,000 483,000 Transfer - Sewer 110,000 110,000 110,000 110,000 110,000 110,000 110,000 759,530 Total Levy Required 357,150 357,840 615,530 621,975 622,275 621,780 625,675 416,530 Total Transfers 393,000 367,000 367,000 367,000 367,000 2010 MSA, PMP, Refunding 367,000 201,000 Total MSA 140,938 142,863 139,713 141,488 143,113 Tax Levy 131,050 133,460 130,470 132,725 134,825 131,520 133,325 134,530 MSA Funds 140,938 142,863 139,713 141,488 143,113 139,663 141,063 142,000 271,988 276,323 270,183 274,213 277,938 271,183 274,388 276,530 2014 Garage, Water, Refunding Tax Levy 431,780 428,700 174,000 165,300 162,900 166,700 161,000 282,000 Transfers - Contract Revenue 125,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Transfers - Water Fund 103,000 102,000 102,000 102,000 102,000 102,000 102,000 101,000 659,780 630,700 376,000 367,300 364,900 368,700 363,000 483,000 Current Debt Service Sources 1,288,918 1,264,863 1,261,713 1,263,488 1,265,113 1,261,663 1,263,063 759,530 Total Levy Required 754,980 755,000 755,000 755,000 755,000 755,000 755,000 416,530 Total Transfers 393,000 367,000 367,000 367,000 367,000 367,000 367,000 201,000 Total MSA 140,938 142,863 139,713 141,488 143,113 139,663 141,063 142,000 Total 1,288,918 1,264,863 1,261,713 1,263,488 1,265,113 1,261,663 1,263,063 759,530 Attachment G Debt Issue 2008 Street Reconstruction Bonds Tax levy Transfer - Water Transfer - Sewer 2010 MSA, PMP, Refunding Tax Levy MSA Funds 2014 Garage, Water, Refunding Tax Levy Transfers - Contract Revenue Transfers - Water Fund Current Debt Service Sources Total Levy Required Total Transfers Total MSA Total 2024 2025 2026 2027 2028 2029 130,000 130,725 267,469 268,413 26,985 277,000 277,000 278,857 278,000 278,002 101,000 101,000 101,000 101,000 101,000 101,000 378,000 378,000 379,857 379,000 379,002 101,000 645,469 646,413 406,842 379,000 379,002 101,000 407,000 407,725 278,857 278,000 278,002 - 101,000 101,000 101,000 101,000 101,000 101,000 137,469 137,688 26,985 - - - 645,469 646,413 406,842 379,000 379,002 101,000 Attachment G Budget Decisions Included in Budget Description Impact Navarre Area Plan y This is a $30,000 new budget item $10,000 added for Mapping Comp Plan y $ 9,450 added for Meetings This increased the budget by $20,000 The budget includes an additional $218,506 Road Funding Partial in tax levy for roads. A fully funded road plan Would require additional funding source requires an additionl $650,000. Tax, Franchise Fees, Bonding Intererest rate are historically low. The Refund 2008 Bonds N City can save money by refunding the bonds. Average Interest Savings of $29,100 The City would contract with NO to clean Navare Community Initiative Funding N parks as a way to support the organization Would Increase Budget $5,000 As part of the draft golf course plan the Golf Course Plan N advertising budget would be increased. Would Increase Budget $2,000 Attachment H City of Orono Wage - COLA History Year Union Non -Union Lump Sum Social Security CPI PCEPI 2016 2.75% 2.75% 0.00% 1.00% 6/30/2016 2015 2.50% 1.50% 1.00% 1.70% 1.41% 2014 2.00% 0.00% 1.50% 1.50% 0.80% 0.70% 2013 1.00% 1.00% 1.70% 1.50% 1.30% 2012(7/1) 1.00% 1.00% 3.60% 1.70% 1.60% 2011 1.00% 1.00% 0.00% 3.00% 2.50% 2010 1.00% 1.00% 0.00% 1.50% 1.30% Cumulative 11.25% 8.25% 0.00% 8.50% 10.91% 7.40% Average 1.61% 1.18% 1.42% 1.52% 1.48% 2010-2015 Attachment I Ron Olson From: Kevin McCann <kmccann@northmankato.com> Sent: Tuesday, August 16, 2016 8:58 AM To: Finance - Treasurers Subject: RE: [finance] 2017 COLA Thanks to everyone who helped with the survey. Below are the results that I put together. Kevin *For employees still on step Average 2.50% 2.51% system Median 2,50% 2.50% **waiting for clarification Attachment I Proposed 2017 COLA Step Increase* Non - City Population Location Union Union Avg. increase Steps Notes 6 Morris 5,333 W. Cen. MN 3.00% 3.00%1 3.00% steps based ona10 year CPI Stewartville 6,045 SE MN 1.74% 1.74% ** ** average 8 St. Joseph 6,656 Central MN 2.75% 2.75% 4.50% steps 4 Shorewood 7,533 West Metro 2.50% 2.50% 5.00% steps Orono 7,796 West Metro In prog. 2.00% ** ** 9 Arden Hills 9,704 Metro 2.75% 2.50% 2.96% steps 5 Fairmont 10,434 S. Cen. MN 2.00% 2.00% 5.00% steps St. Peter 11,439 S. Cen. MN 3.00% 3.00% Varies by Dept. Varies East Bethel 11,607 North Metro 2.00% 2.00% ** ** 6 Cloquet 12,050 NE MN 2.50% 2.50% 3.50% Steps Monticello 12,965 Central MN 2.00% 2.00% ** ** 6 Marshall 13,483 SW MN 2.50% 2.50% 5.00% steps North Mankato 13,684 S. Cen. MN N/A 3.00% N/A N/A 4.5 Ham Lake 15,733 North Metro N/A 3.00% 5.50% steps 7 St, Michael 16,921 NW Metro N/A 2.50% 3.00% steps 6 Cottage Grove 35,399 East Metro 2.75% 2.75% 3.50% steps Mankato 40,641 S. Cen. MN 3.00% 3.00% ** ** *For employees still on step Average 2.50% 2.51% system Median 2,50% 2.50% **waiting for clarification Attachment I Orono Municipal Golf Course Business Plan 2017 1. MISSION. The Orono Golf Course is dedicated to serving our community by providing enjoyable golfing experiences to players of all ages and abilities. 2. PURPOSE. The purpose of this business plan is to provide an economic roadmap for the successful operation of the City's Orono Golf Course (OGC). The recommendations included in this plan will provide recreational activity to our citizens while protecting the open space philosophy of the City of Orono as elucidated in our Comprehensive Plan. This Business Plan addresses precise goals that ensure the City is focused on making the best use of this asset. 3. OBJECTIVES. The objectives of this business plan are to: a. Identify strategies and performance targets to stimulate participation and increase revenues for the 2016-2017 period b. Create new marketing strategies that will retain our loyal core of golfers and attract new business. c. Maintain an affordable product which encourages accessibility for all ages d. Generate sufficient revenues to cover the direct annual operating costs with enough surplus to support the contributions to a golf course capital reserve fund. e. Focus marketing and promotions on our target market: women, retiring working class (baby boomers), adult league players, school golf leagues and youth. 4. BACKGROUND. The Orono Public Golf Course is located near the north shore of Lake Minnetonka in Orono, Minnesota. It was founded in 1924 and has the distinction of being the first public golf course in Minnesota with grass greens. The picturesque nine -hole course has varying topography, elevated greens, mature trees and a wooded buffer surrounding its perimeter. Orono Public Golf Course offers an exciting challenge for golfers of all levels and is known for its family friendly atmosphere. a. History. The golf course land was originally conveyed to Mr. Edward Walsh in 1859 when the state of Minnesota was less than two years old. In addition to ordinary farming activities, the Walsh's had an extensive fruit and berry business. Apple orchards extended over considerable acreage on both sides of what is now Orono Orchard Road. Leo Feser obtained the land in 1923 and the golf course officially opened July 4, 1924. Orono Public Golf Course was originally called Orono Orchards Golf Course. It was the first privately owned public golf course in Minnesota and the first to have grass greens (all other municipal courses had sand greens at the time). b. Patrons. Many of golfers get their first exposure to the game at a municipal course. Typically, these courses provide the most affordable and accessible option to local residents and Attachment J those in surrounding communities. Primary users at OGC include local golfers, leagues, civic organizations, community education and school golf organizations. c. Reputation. The course has built its reputation on affordability and a "family -friendly" philosophy. The course is exceptionally beautiful and presents golfers with a reasonable challenge. The fact that the course is an Executive 9 provides a distinct advantage over 18 hole courses due to the length of play. OGC can be played in a matter of hours versus the 5+ hours of 18 holes. The strong loyalty of the local golf community is a key factor in OGC's longevity and the value from a price standpoint cannot be overlooked 5. FUNDING. While OGC is a governmental entity, it operates like a business and aspires to be supported by its own budget. The course is moving back to a position where greens fees, season pass fees and concession revenues cover the course expenditures. However for the past decade Revenues and Expenditures by Year $300,000 $200,000 $100,000 4 $0 tt 2010 2011 2012 2013 2014 ■ Revenues ■ Expenditures the course operations and maintenance has been subsidized by the City General Fund. 6. ENVIRONMENT / MARKET. The number of gold courses within the area around OGC has decreased in recent years providing an opportunity for the course to attract additional players. a. KEY COMPETITORS. The table below provides an analysis of those that are similar to OGC that. Course .> �U o�U wC7 ARS woU Pw n Orono Golf Course N Y Y N N Y Baker National, Medina Brookview, Golden Valley Braemar, Edina Eagle Lake Youth, Plymouth Attachment J Glen Lake, Minnetonka Weekday 9 Weekend 9 Junior Senior Cart Holydale, Plymouth Baker National, Medina $ 22 $ 22 Pheasant Acres, Rogers $ 20 Brookview, Golden Valley $ 19 Pioneer, Maple Plain 19 $ 20 Shamrock, Corcoran $ 20 $ 22 Theadore, Golden Valley $ 31 Eagle Lake Youth, Plymouth $ 16 $ Wild Marsh. Buffalo $ 14 Glen Lake, Minnetonka b. FEES. Course Fees as analyzed by staff annually and submitted to City council for approval as part of the annual Fee Schedule process. The table below shows fee comparison (as of 2015) with our surrounding competitors. Course Weekday 9 Weekend 9 Junior Senior Cart Baker National, Medina $ 22 $ 22 $ 20 Brookview, Golden Valley $ 19 $ 19 $ 20 Braemar, Edina $ 20 $ 22 $ 31 Eagle Lake Youth, Plymouth $ 16 $ 16 $ 14 Glen Lake, Minnetonka $ 17 $ 17 $ 11 $ 13 $ 16 Holydale, Plymouth $ 22 $ 23 $ 18 $ 18 $ 27 Pheasant Acres, Rogers $ 19 $ 24 $ 20 Pioneer, Maple Plain $ 20 $ 20 $ 22 Shamrock, Corcoran $ 20 $ 23 $ 9 $ 9 $ 16 Theadore, Golden Valley $ 18 $ 18 $ 19 Wild Marsh. Buffalo $ 24 $ 24 $ 10 $ 17 $ 18 Average $ 19.68 $ 20.68 $ 12.00 $ 14.25 $ 20.27 c. SEASON PASSES. Season pass rates are analyzed by staff and submitted to City Council for approval as part of the annual Fee Schedule process. A comparison of season pass prices with surrounding courses is problematic as the majority of the nearby courses do offer more amenities that Orono (18 holes, driving ranges etc.) but also have differing restrictions such as weekdays only. The average season pass at the other golf courses is —$500 more expensive. 7. MARKETING. Since the major revenue producer is green fees and cart rentals, the strategies for revenue growth focus on increased play, and maximizing revenue for the rounds played. The expenses for the golf course are relatively fixed. It costs about the same amount of money to maintain the course for 10,000 rounds as it does for 15,000 rounds. The goal of the marketing plan is to increase the number of paid rounds plaid and season passes sold: a. Marketing Objectives. The marketing plan has the following objectives: (1) Increase the Total Number of Golfers. (2) Drive Rounds to Under Utilized Times. Generally middle of the day weekdays are underutilized. To further refine and then target underutilized times the Course will conduct and analysis of tee times by day of week and hour of day. Attachment J (3) Grow Current and Develop New Golf Leagues. There are currently two regular leagues that use the course. To attempt to increase league plan the course will target civic and commercial organizations within the area. (4) Expansion of Junior Golf and Adult Player Development. The course had success with the initiation of a youth clinic program in partnership with Orono Community Educations. The course will work to expand on this success with additional opportunities through surrounding community education groups and ensuring these opportunities are advertised in their spring course offering pamphlets. b. The following Marketing/ Advertising items are proposed for the 2017 season: Initiative Why "BOGO" coupon only good on weekdays Help address slow periods Expansion of Summer Junior Golf Clinic Brings in youth who in turn bring in their families to the course Groupon (Revised for 2017) Bring in new patrons Punch Cards Incentivize existing patrons to return c. Vehicles for advertising. For 2017 the Staff recommends using the following mechanisms to advertise. The estimated cost of these items is $3000 which is an $2000 increase over the current course advertising budget. Publication/ Mechanism Target Minnesota Golf and Living Tee Avid Golfers who may not be familiar with what we Time's Publication have to offer. Sun/Sailor/Laker Newspaper Surrounding communities Community Education Publications Novice golfers, Youth, Families (Mound-Westonka, Orono, and Wayzata) Out of Home Advertising restaurant and bar consumers (B ackboardgroup. com) Improved Golf Course Website and Existing patrons other social media to publish "real time" news and golf and merchandise promotions Groupon Potential new customers 8. COURSE GROUNDS AND FACILITIES. The primary assets of the Golf Course are the Course Greens and the Club house. The City maintains and operation Budget to provide of the routine maintenance of these assets and maintains a capital Improvement Plan to budget for and plan for capital improvements and replacements. The budget and CIP are updated annually as part of the overall City Budgeting process. Attachment J a. Maintenance Philosophy. Continued product improvement is the key driver. People come here to golf and will return when they have a pleasurable experience. A welcoming/professional staff focused on customer service will deliver dividends. Facility and course improvements already documented 2016 need to be executed. b. Equipment and capital outlays. The golf course has a Capital Improvement Plan included as part of the City Capital improvement plan listed as Table A -2d. The table below is an excerpt from 2016 CIP. Potential additions to the CIP include: clubhouse foundations repairs ($10,000), course draining improvements ($10,000), Wetland / Fairway 4 Improvement ($160,000) and parking lot pavement $15,000). Public Works - Golf Course CIP Description Equipment Needs Purchase Year Expected Life [yrs] 5 -Year CIP 2016 2017 2018 2019 2020 2021 Drainage Improvements Currently, golfers leaving the course are presented with an unkempt view of the off of 9th course. Machinery is laying in the grass, weeds and tall grass abound, the Tee Greens Mower (800) 2004 20 Repair/ replace garage doors Chevy Pickup #610 1994 15 $25,000 2 10 ft gates Greens Mower (1000) 1999 20 $8,000 their cars in a haphazard manner and are utilizing places that potentially will John Deere Rough Mower (455) 2002 20 and has the potential to lead to vender -benders or accidents. Parking on the $30,000 Ryan Greensaire (aerator) 1988 25 $15,000 Fairw ay Mow er(5200) 1999 20 John Deere Tee Mower (2653) 2004 20 Toro Sprayer 2001 10 $9,000 Irrigation Pond Dredging $15,000 Totals $15,000 #8,000 $25,000 $15,000 $0 $39,000 c. Maintenance. The course maintains a routine maintenance budget for ther upkeep of the greens and clubhouse. In addition to routine maintenance this budget includes $7800/ yr for minor improvements. The following are possible ideas for future minor improvements: Attachment J Description Subject Project Item Assumptions Estimated Cost Exiting Currently, golfers leaving the course are presented with an unkempt view of the off of 9th course. Machinery is laying in the grass, weeds and tall grass abound, the Tee garage doors are both damaged, the gas tank is visible, etc. These unkempt areas need to be groomed, the gas tank area enclosed, and the doors repaired. Repair/ replace garage doors Assume $1000 each $ 2,000.00 Privacy Fencing Gates 2 10 ft gates $ 1,000.00 Parking Parking is problematic. With no striping and no signage, golfers are parking their cars in a haphazard manner and are utilizing places that potentially will harm the greens. The congestion presents an unprofessional view of the course and has the potential to lead to vender -benders or accidents. Parking on the grass under the pines, in front of the clubhouse, etc. needs to stop. Attachment J 8. ORGANIZATION a. ORGANIZATIONAL CHART City Adminstrator Public Works Director Superintendant Clubhouse Manager Golf Couse Clubhouse Maintenance Attendants Workers Golf Couse Maintenance Workers b. RESPONSIBILITIES (1) Public Works Director. Administers all functions of Public Works, Engineering, Streets, Utilities, and Parks. Plans, coordinates and directs all Public Works improvement and maintenance programs. Within Parks -Prepares and implements the park maintenance and improvement program; staffs the Park Commission and supervises and oversees the municipal golf course operations. (2) Superintendent. Under the work direction of the Public Works Director, this position is responsible for all aspects of managing the golf course including maintaining the grounds, landscaping, and open spaces. This position also directs and manages all seasonal maintenance employees and works independently to complete a project in a safe, timely manner. (3) Clubhouse Manager. Under the work direction of the Public Works Director, this position will be responsible for managing the clubhouse and the responsibilities will include Attachment J Chip Seal and stripe parking lot 12300 Sq Ft $ 6,035.00 Fencing at Parking lot corners Assume 8 sections $ 960.00 8. ORGANIZATION a. ORGANIZATIONAL CHART City Adminstrator Public Works Director Superintendant Clubhouse Manager Golf Couse Clubhouse Maintenance Attendants Workers Golf Couse Maintenance Workers b. RESPONSIBILITIES (1) Public Works Director. Administers all functions of Public Works, Engineering, Streets, Utilities, and Parks. Plans, coordinates and directs all Public Works improvement and maintenance programs. Within Parks -Prepares and implements the park maintenance and improvement program; staffs the Park Commission and supervises and oversees the municipal golf course operations. (2) Superintendent. Under the work direction of the Public Works Director, this position is responsible for all aspects of managing the golf course including maintaining the grounds, landscaping, and open spaces. This position also directs and manages all seasonal maintenance employees and works independently to complete a project in a safe, timely manner. (3) Clubhouse Manager. Under the work direction of the Public Works Director, this position will be responsible for managing the clubhouse and the responsibilities will include Attachment J promoting and advertising the golf course, managing the leagues, ordering supplies for resale, overseeing the register and bank accounts, and other duties as assigned. This position will also direct and manage all seasonal clubhouse employees. After receiving work direction, works independently to complete a project in a safe, timely manner. (4) Seasonal Assistant Superintendent. Under the work direction of the Golf Course Superintendent, this position will be responsible to assist with the care and upkeep of the grounds, landscaping, and open spaces. Manage the clubhouse and maintenance workers when the Superintendent is not present. (5) Seasonal Clubhouse Attendant. Under the work direction of the Seasonal Clubhouse Manager, this position will be responsible for maintaining the clubhouse, selling of green fees and concessions, and general cleaning of the clubhouse. (6) Seasonal Golf Course Maintenance Employee. Under the work direction of the Golf Course Superintendent or Assistant Superintendent, this position performs a wide range of activities including mowing, raking, hauling garbage, and other tasks as assigned. Attachment J Appendix A. Annual Operations Checklist. List of Golf Course Duties January - Have employees in place for next season. -DPW February - Check clubhouse, shop and well pit for heat. – PW - Approve all employees at first council meeting in March. – DPW March - Set meeting for alcohol training for the 3rd week of March.-CHM - Have alcohol training meeting. – CHM - Order supplies for clubhouse. – CHM - Order Concessions for Clubhouse - CHM - Order clothing for sale – CHM - Contact leagues. – CHM - Develop clubhouse recurring maintenance and cleaning schedule- CHM - Develop and execute marketing plan – CHM - Oversee minor clubhouse improvements – CHM - Remove green covers. – SUPT - Start putting benches etc. on course. – SUPT - Paint ball washers, tee markers, baskets, flag sticks. – SUPT - Take reel units apart to be sharpened. – SUPT - Develop inventory system for concession and clothing- CHM - Oversee Minor Greens Improvements -- SUPT April - Order fertilizer, pesticides, seed, etc. for grounds. -- SUPT - Put suction line and fountain in pond. — SUPT - Start-up irrigation system. - – SUPT - Aerate greens sometime in spring. -- SUPT April – October - Spreadsheet from previous days receipts. CHM - Reply to phone and e-mail messages. – CHM - Apply fertilizer and pesticides as needed, (see list). --SUPT - Fill -out and keep -up with employee work schedule. – SUPT grounds staff; CHM clubhouse staff - Turn in employee time sheets. -- SUPT - Mow greens, tees, fairways, roughs. -- SUPT/Crew Routine maintenance of equipment. –SUPT/Crew Repair equipment as needed. - SUPT/Crew Move tee markers - pick-up trash - fill ball washers - cut cups. – SUPT - Trim trees as needed. – SUPT/Crew - Weed whip – SUPT/Crew Attachment J - Fill carts with gas on a regular basis. — SUPT/Crew Keep pop machine by pump house filled. — SUPT/Crew Fall - Pick-up leaves on a regular basis. — SUPT/Crew - Remove suction line and fountain from pond. — SUPT/Crew - Drain irrigation system. — SUPT/Crew - Apply snow mold treatment. — SUPT/Crew - Put down green covers. — SUPT/Crew - Take everything off of course before snow. — SUPT/Crew. - Close up Club house - — CHM Attachment J Appendix 2. 2016 Course Course improvement checklist. Room Item Who When Cost Kitchen Repaint wall in Kitchen Volunteers Done $ 35 Kitchen Touch-up other nicks in kitchen Volunteers Done $ 35 Kitchen Touch-up/re-paint trim throughout kitchen Volunteers Done $ - Kitchen Put 2nd coat on back door Volunteers Done $ - Kitchen Paint closet door Volunteers Done $ - Kitchen Hang hooks in kitchen closet Done $ 20 Kitchen Install lights in kitchen (1 over sink, 1 in center of ceiling, 1 by back door) (I will send you this information) Electrician Done Kitchen Install switch covers throughout Electrician Done Kitchen Refrigerator Golf Staff? $ 800 Office Repaint wall (shared with stairwell) Volunteers Done $ 35 Office Repaint ceiling Volunteers Done $ 35 Office Purchase new trim molding (PW must do this) Volunteers Done $ 100 Office Paint and install trim molding Volunteers/PW Done $ - Office Purchase radiator cover $ 200 Office Desk Golf Staff $ 800 Office Install sconce light (broken glass and off/on manual switch is near impossible to use) (I will send you this information) Electrician Done $ 35 Sun Room Paint walls Volunteers $ 35 Sun Room Replace broken pane in the glass doors Glasier Done $ 100 Hallway Replace ceiling light fixture ( same as in kitchen) Electrician Done $ 35 Hallway Replace sconce light (same as in office) Electrician Done $ 35 History Room Replace light fixture (same as in kitchen) Electrician Done $ 35 History Room Mud Mats for hing traffic areas Golf Staff Done Clubhouse Window cleaning Golf Staff Done Main room Logo Mat 3'x8' Golf Staff? Done $ 900 Main Room AED Golf Staff? Done $ 1,500 Main Room New Beverage Cooler Golf Staff? Deferred $ 2,200 Exterior Repair Asphalt at base of steps PW $ - Exterior Drain spout Golf Staff Bathroom Womens sign Bathroom Replace light in men's room Stairs Repace Stairs Contractor $ 6,935 Attachment J $2,800,000 GO Refunding Bonds Timeline • September 12, 2016 - Council Authorization to Set Bond Sale Date • Week of September 19th — Preliminary Official Statement Drafted • Week of September 26th — Rating Call • October 10 — Council Awards Bid and Passes Final Bond Resolution • November 7 — Closing City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $2,800,000.00 Total Sources $2,800,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 33,600.00 Costs of Issuance 40,000.00 Deposit to Current Refunding Fund 2,725,000.00 Rounding Amount 1,400.00 Total Uses $2,800,000.00 PPD%gPP7C'F4&AWW6djNI18tRrR*%E 1 8/15/2016 1 11:58 AM EHLERS LEADERS IN PUBLIC FINANCE City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2016 1.3331805% True Interest Cost (TIC) - Bond Yield for Arbitrage Purposes - - 1.7241432% IRS Form 8038 08/01/2017 Net Interest Cost Weighted - - 17,808.33 17,808.33 - 02/01/2018 245,000.00 0.650% 13,356.25 258,356.25 276,164.58 08/01/2018 - - 12,560.00 12,560.00 - 02/01/2019 495,000.00 0.750% 12,560.00 507,560.00 520,120.00 08/01/2019 - - 10,703.75 10,703.75 - 02/01/2020 505,000.00 0.850% 10,703.75 515,703.75 526,407.50 08/01/2020 - - 8,557.50 8,557.50 - 02/01/2021 515,000.00 1.000% 8,557.50 523,557.50 532,115.00 08/01/2021 - - 5,982.50 5,982.50 - 02/01/2022 515,000.00 1.100% 5,982.50 520,982.50 526,965.00 08/01/2022 - - 3,150.00 3,150.00 - 02/01/2023 525,000.00 1.200% 3,150.00 528,150.00 531,300.00 Total $2,800,000.00 - $113,072.08 $2,913,072.08 - Yield Statistics Bond Year Dollars $11,001.67 Average Life 3.929 Years Average Coupon 1.0277723% Net Interest Cost (NIC) 1.3331805% True Interest Cost (TIC) 1.3419622% Bond Yield for Arbitrage Purposes 1.0264686% All Inclusive Cost (AIC) 1.7241432% IRS Form 8038 Net Interest Cost Weighted 1.0277723% Average Maturity 3.929 Years ProposedXR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM ►middl EHLERS LEADERS IN PUBLIC FINANCE City of Orono, MN $2,800,000 G.O. Refunding Bonds, Dated: December 1, 2016 Proposed Crossover Refunding of 2008A G.O. Street Reconstruction Bonds Assuming Current G.O. BQ "Aaa" Market Rates Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2017 - (1,400.00) - 1,400.00 02/01/2018 276,164.58 276,164.58 310,727.50 34,562.92 02/01/2019 520,120.00 520,120.00 553,272.50 33,152.50 02/01/2020 526,407.50 526,407.50 561,597.50 35,190.00 02/01/2021 532,115.00 532,115.00 563,895.00 31,780.00 02/01/2022 526,965.00 526,965.00 560,210.00 33,245.00 02/01/2023 531,300.00 531,300.00 565,710.00 34,410.00 Total $2,913,072.08 $2,911,672.08 $3,115,412.50 $203,740.42 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings ..................... 195,614.02 Net PV Cashflow Savings @ 1.026%(Bond Yield)..... 195,614.02 Contingency or Rounding Amount .................... 1,400.00 Net Present Value Benefit $197,014.02 Net PV Benefit / $2,995,614.02 PV Refunded Debt Service 6.577% Net PV Benefit / $2,725,000 Refunded Principal... 7.230% Net PV Benefit / $2,800,000 Refunding Principal.. 7.036% Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 EHLERS LEADERS IN PUBLIC FINANCE )n Proposed XR 2008A GO Stre I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM City of Orono, MN $4,500,000 General Obligation Street Reconstruction Bonds, Series 2008A Debt Service To Maturity And To Call Refunded Refunded Date Bonds D/S To Call Principal Coupon Interest D/S 12/01/2016 02/01/2017 2,725,000.00 2,725,000.00 - - 08/01/2017 - - 50,363.75 50,363.75 02/01/2018 210,000.00 3.550% 50,363.75 260,363.75 08/01/2018 - - 46,636.25 46,636.25 02/01/2019 460,000.00 3.625% 46,636.25 506,636.25 08/01/2019 - - 38,298.75 38,298.75 02/01/2020 485,000.00 3.650% 38,298.75 523,298.75 08/01/2020 - - 29,447.50 29,447.50 02/01/2021 505,000.00 3.700% 29,447.50 534,447.50 08/01/2021 - - 20,105.00 20,105.00 02/01/2022 520,000.00 3.750% 20,105.00 540,105.00 08/01/2022 - - 10,355.00 10,355.00 02/01/2023 545,000.00 3.800% 10,355.00 555,355.00 Total $2,725,000.00 $2,725,000.00 $2,725,000.00 - $390,412.50 $3,115,412.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 12/01/2016 Average Life 4.011 Years Average Coupon 3.7258140% Weighted Average Maturity (Par Basis) Weighted 4.011 Years Average Maturity (Original Price Basis) 4.011 Years Refunding Bond Information Refunding Dated Date 12/01/2016 Refunding Delivery Date 12/01/2016 2008A GO St Recon Bonds I SINGLE PURPOSE 1 8/15/2016 1 11:58 AM EHLERS LEADERS IN PUBLIC FINANCE 2016 Pavement Management Bonds Timeline * • September 12— Motion to Call for a Public Hearing • September 24 — Notice of Public Hearing Published • October 10 — Public Hearing • Week of October 24 — Preliminary Official Statement Drafted • Week of October 31— Rating Call • November 9 — Reverse Referendum Period Ends • November 14 — Council Awards Bid and Passes Final Bond Resolution • Mid December —Closing 2016 Refunding issue would be incorporated to this schedule. Attachment 3 - Pavement Managment Bonds City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $1,000,000.00 Total Sources $1,000,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 12,000.00 Costs of Issuance 30,500.00 Rounding Amount 957,500.00 Total Uses $1,000,000.00 Orono - Road Projects 10 I SINGLE PURPOSE 1 8/15/2016 1 6:59 PM Qrr: H LE RS Page 1 LEASERS IN PUBLIC FINANCE Bond6avem ent Manag ment City of Orono, MN $1,000,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2017 - - - - 02/01/2018 95,000.00 0.800% 16,062.08 111,062.08 02/01/2019 95,000.00 0.950% 13,007.50 108,007.50 02/01/2020 95,000.00 1.100% 12,105.00 107,105.00 02/01/2021 100,000.00 1.250% 11,060.00 111,060.00 02/01/2022 100,000.00 1.350% 9,810.00 109,810.00 02/01/2023 100,000.00 1.450% 8,460.00 108,460.00 02/01/2024 100,000.00 1.550% 7,010.00 107,010.00 02/01/2025 105,000.00 1.650% 5,460.00 110,460.00 02/01/2026 105,000.00 1.750% 3,727.50 108,727.50 02/01/2027 105,000.00 1.800% 1,890.00 106,890.00 Total $1,000,000.00 - $88,592.08 $1,088,592.08 Yield Statistics Bond Year Dollars $5,771.67 Average Life 5.772 Years Average Coupon 1.5349480% Net Interest Cost (NIC) 1.7428602% True Interest Cost (TIC) 1.7514986% Bond Yield for Arbitrage Purposes 1.5300596% All Inclusive Cost (AIC) 2.3312732% IRS Form 8038 Net Interest Cost 1.5349480% Weighted Average Maturity 5.772 Years Orono - Road Projects 10 1 SINGLE PURPOSE 1 8/15/2016 1 6:59 PM achme O-EHLERS LEADERS IN PUBLIC FINANCE BondRavem ent Manag ment Bond6avem ent Manag ment City of Orono, MN $1,500,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Sources & Uses Dated 12/01/2016 1 Delivered 12/01/2016 Sources Of Funds Par Amount of Bonds $1,500,000.00 Total Sources $1,500,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) 18,000.00 Costs of Issuance 34,000.00 Rounding Amount 1,448,000.00 Total Uses $1,500,000.00 Orono Mt@9 j@cts 10 1 SINGLE PURPOSE 1 8/29/2016 1 10:42 AM t3- Qj EHLERS LEADERS IN PUBLIC FINANCE Bond6avem ent Manag ment City of Orono, MN $1,500,000 G.O. Bonds, Series 2016 Assumes Current Market "AAA" Rates plus 25 bps Street improvements - 10 Years Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2017 - - - - 02/01 /2018 140,000.00 0.800% 24,100.42 164,100.42 02/01/2019 145,000.00 0.950% 19,537.50 164,537.50 02/01/2020 145,000.00 1.100% 18,160.00 163,160.00 02/01/2021 145,000.00 1.250% 16,565.00 161,565.00 02/01/2022 150,000.00 1.350% 14,752.50 164,752.50 02/01/2023 150,000.00 1.450% 12,727.50 162,727.50 02/01/2024 155,000.00 1.550% 10,552.50 165,552.50 02/01/2025 155,000.00 1.650% 8,150.00 163,150.00 02/01/2026 155,000.00 1.750% 5,592.50 160,592.50 02/01/2027 160,000.00 1.800% 2,880.00 162,880.00 Total $1,500,000.00 - $133,017.92 $1,633,017.92 Yield Statistics Bond Year Dollars $8,665.00 Average Life 5.777 Years Average Coupon 1.5351174% Net Interest Cost (NIC) 1.7428496% True Interest Cost (TIC) 1.7514804% Bond Yield for Arbitrage Purposes 1.5302266% All Inclusive Cost (AIC) 2.1795975% IRS Form 8038 Net Interest Cost 1.5351174% Weighted Average Maturity 5.777 Years Orono PAWOWIlOcts 10 1 SINGLE PURPOSE 1 8/29/2016 1 10:42 AM t3- EHLERS n LEADERS IN PUBLIC FINANCE 590,000 TAX CAPACITY Net Tax Capacity (To calculate rate) LOCAL LEVY Total levy all funds TAX CAPACITY RATES City of Orono Tax Capacity, Local Levy, & Tax Capacity Rates No PMP Increase with 2016 Bond Sale Actual 2016 $28,597,714 $4,954,480 Estimated 2017 $30,902,466 $5,211,723 2017 Over/ Under 2016 Amount $2,304,752 $257,243 General Revenue 14.045% 13.582% -0.463 Pavement Management Fund 0.640% 0.592% -0.048 GO Improvement 2008 0.672% 0.510% -0.162 GO Improvement 2010 0.458% 0.424% -0.034 GO Improvement 2014 1.510% 1.397% -0.113 Potential 2016 Bonds 0.000% 0.359% 0.359 Total Local Tax Capacity Rate 17.325% 16.865% -0.460 Percent 8.06% 5.19% Tax Levy 4,197,244 183,000 157,587 131,050 431,780 111,062 55 211 $1,000,000 Tax Capacity Rate Page 1 Pavement Management Fund Balance Attachment 4 - Road Funding Needs Estimated Revenue Requirements Pavement Fund Balance Balance from 2016 $ 332,896 $ 332,896 2017 Levy $ 401,000 $ 733,896 Contracted Street Maintenance (Patching, Tree trimming, Striping and Crack Sealing) $ 47,000 $ 686,896 Fox Street (Old Crystal Bay to Willow) $ 735,413 $ (48,517) Fox Street (Brown -Orono Orchard) $ 418,271 $ (466,788) 2017 Sealcoating $ 108,122 $ (574,910) Feasibility Study for 2018 reconstructs $ 24,000 $ (598,910) Casco Circle Mill and Overlay (deferred from 2016) $ 120,435 $ (719,345) 2016 Seal Coating $ 178,556 $ (897,901) West Lafayette Reconstruction (deferred from 2014, 2015 & 2016) $ 143,117 $ (1,041,018) Attachment 4 - Road Funding Needs Streets for Reconstruction Consideration Listed from lowest Pavement Condition Index to Highest Clty Street Name C/L Length (ft) Pavement Rating (0-100) Estimated Cost Forest Arms Lane Residential 1,700 44 $271,373 East Long Lake Road Collector 3,700 45 $771,503 Fox Street - OCB Rd -Willow Collector 3,000 46 $735,413 Garden Lane Residential 575 47 $105,202 Windjammer Lane Residential 450 51 $71,834 Tonka Avenue Residential 900 53 $117,422 West Lafayette Road Residential 1,050 54 $143,117 Wildhurst Trail Collector 2,240 55 $430,474 E. Lake Street Residential 450 60 $61,335 Fox Street - Brown -Orono Orchard Collector 4,000 60 $834,058 Lyric Avenue - Livingston to Blaine Collector 615 60 $44,794 MSA I Fox Street - Willow -Brown Collector 2,400 50 $643,545.00 Data from 2014 Pavement Management Plan Attachment 4 - Road Funding Needs CI P Yr 2019 2021 2017 2020 2020 2019 2015 2018 2020 2018 2022 Streets for Mill and Overlav Consideration Listed from lowest Pavement Condition Index to Highest C/L Length Pavement Street Name Type (ft) Rating (0- Total Street Cost 100) Data from 2014 Pavement Management Plan CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 APPLICATION FOR LIMITED TRAP USE PERMIT Date: tL aL 2af6 Name of applicant: tl �-e P �t � ��� 9,S/, mate of Birth: kfieraWrib AUG 2 8 M6 CITY OF ORONO 60 �6e�3 946) Address: `2 6/� %�ac ��r� TG�c. is, o ce Phone:_ 763 - �/ �1— �� �7 Z Name of person or business operating / the traps if different from above:AXO 11 Address: -5'q- Phone: f4110-� Period of time needed for permit: , —OCc/- 7— cin Alay 3 Purpose (Include explanations of hardship or need, type of animal, damage being done to your property): / _ �C/ih • / i /�G �7 P/y !XJ al h7- a c,4 Al< e % List n v on property: RESTRICTIONS: LIVE TRAPS ONLY. A person may not set, place, or operate any leg -hold traps or snares. Applicants must comply with ALL DNR trapping regulations, licensing and seasonal restrictions. WRITTEN NOTIFICATION must be given by permit holder to all property owners located witkin 500 feet of a trap. 2- 0 Fee Paid: $2&.M (2,L5 w-6 e"'6, gCIO Date: ?/ C) / (p Method of Payment: Check Cash ❑ RECV...EED:YE NO ❑ Police hief jj j r Ct10C C. °�- N�C N iF1� +"� c. ��.r E -, � h t,� e?�..;► ,.t c s �� Application for Temporary Liquor License Fee: $15.00 Date Paid: Please check all of the following that apply: Receipt #: Type f License: Type of Organization: On Sale Intoxicating Liquor (One to Four Days) Club • Spirits/Liquor charitable • Wine (Up to 14% alcohol) ❑ Religious ❑ Consumption & Display (Setup) (One Day) ❑ Other Nonprofit ❑ 3.2% Beer On Sale (One to Four Days) ❑ Political Committee ❑ Off Sale - Wine Auction (Check with State ❑ State University Gambling Division) Date(s) liquor will be served and/or sold. C� 6eOTH"S Location liquor will be served and/or sold: W • W..4Y'Z'-rA &UD, df2OAJO A4J 575-351, Please describe the social event sponsored by the licensee: 1. Name of Organization: 4 LA A4 P " 62-AAf 2. Name of Applicant: 3. Contact Information: J - ��i `90 9 3 J2 Vq rI k e -ed e-!' (Phone) (email) 4. Type of event: eWA-i iT-( 6f 1% j I- 5. 5. Name of the event:��5 c fL Of— (.OA/6 U4 P- F-- 6. Hours of the event: 7. Number of guests (approximately): 8. Who will be serving the liquor? 9. Will this event be open to the general public? ❑ Yes 9No 10. Is this event by invitation only? r� Yes F-1No 11. Are tickets sold for admission to the event? ,X Yes ❑ No 12. If tickets are sold, for what purpose are net profits used? ` 74- K6 S "f' 'rvAh - -110.-j Fes- 7-H, &4-:rv- Coe)4'� j 6A/i-*/-r"r Gr-fi, rTim 13. If tickets are sold, is liquor included with the price of the ticket? ❑ Yes �No Page 2 14. Will there be a charge for drinks? ❑ Yes &No 15. Will there be food available? a Yes ❑ No Describe the type of food, how it will be served, and the hours food will be available. 16. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 17. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 18. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF Review by Administration ❑ Approved ❑ Denied ❑ NA Review by Police Department, ❑ Approved ❑ Denied ❑ NA Comments (Title) For Office Use Only By. Page 3 AT i/A Y — i i?,i 7 or far Ffc7-A4 16. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 17. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 18. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF Review by Administration ❑ Approved ❑ Denied ❑ NA Review by Police Department, ❑ Approved ❑ Denied ❑ NA Comments (Title) For Office Use Only By. Page 3 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. 7. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant may be conducted to verify the information provided With the application. NAME: _ ;?�e-yW 4�J first middle last ADDRESS: f 5AV,4y�AIA ®A(/ -,S 6 f house number street city f Istate zip DATE OF BIRTH: �/ (� � PHONE: � � * _2 month/ day / year I understand my right stated above. fIVIG Page 5 AFFIDAVIT ESTABLISHING THAT NO INSURANCE IS REQUIRED FOR 3.2 PERCENT MALT LIQUOR LICENSEES OR HOLDERS OF ON -SALE WINE LICENSES 3.2 percent malt liquor licensees and holders of on -sale or temporary wine licenses may either show proof of insurance, or in place of insurance, provide an affidavit stating that their on -sale for the previous year is less than $25,000 and that the off -sale for the previous year is less than $50,000. Please complete the following information, check the appropriate license(s), sign and have your signature notarized. S, J�� As licensee of —/-04 , I certify that: (trade name of business) ❑ My sales of on -sale 3.2 percent malt liquor were less than $25,000 for the preceding year. ❑ My sales of off -sale 3.2 percent malt liquor were less than $25,000 for the preceding year. ❑ My sales of on -sale wine were less than $25,000 for the preceding year. ❑ I hold a temporary wine license issued under the law. Signature of licensee: ` Date: / STATE OF MINNESOTA COUNTY OF BENNEPIN This instrument was acknowledged before me this day of 20 by , as (person's name) of (trade name of business) Notary Public (STAMP) (title) Page 6 City of Orono Insurance Requirements Orono Municipal Code Sec. 34-87. Financial responsibility of licensees. (a) Proof. No 3.2 percent malt liquor, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minn. Stat. § 340A.801 by filing a certificate that there is in effect an insurance policy or pool providing minimum coverages of $100,000.00 because of bodily injury to any one person in any one occurrence, $300,000.00 because of bodily injury to two or more persons in any one occurrence, in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, $100,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregate policy limit for dramshop liability of not less than $300,000.00 per policy year may be included in the policy provisions. (b) Insurance not required. Subsection (a) of this section does not apply to licensees who by affidavit establish that they are: (1) On -sale 3.2 percent malt liquor licensees with sales of less than $25,000.00 of 3.2 percent malt liquor for the preceding year; (2) Off sale 3.2 percent malt liquor licensees with sales of less than $50,000.00 of 3.2 percent malt liquor for the preceding year; (3) Holders of on -sale wine licenses with sales of less than $25,000.00 for wine for the preceding year; or (4) Holders of temporary wine licenses issued under law. (c) Insurance certificate requirements. Whenever an insurance certificate is required by this division, the applicant shall file with the city clerk a certificate of insurance showing that the limits are at least as high as required, that coverage is effective for at least the license term approved, and that such insurance will not be canceled or terminated without 30 days' written notice served upon the city clerk. Cancellation or termination of such coverage shall be grounds for license revocation. (d) Documents submitted to commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this section shall be submitted by the city to the commissioner. Additional Information Regarding Liquor Liability Insurance Certificates The name on the insurance certificate must match EXACTLY with the LICENSEE NAME given on the renewal or new application. Example: If the renewal form lists ABC Company, Inc, the insurance certificate must also read ABC Company, Inc., not just ABC Company leaving off the Inc. 2. If your renewal form states the LICENSEE NAME as his or her own name, followed by the trade name, the insurance must list BOTH licensee=s names and the trade name. Example: Mark & Jane Anderson, Anderson's Eatery. The insurance certificate must include both of these names and not just Anderson's Eatery, or Mark Anderson without Jane=s name. 3. The date of expiration for the insurance certificate must match the exact dates of the City's license and show coverage for the ENTIRE LICENSE PERIOD. The license period for the City of Orono is January 1 through December 31. The address on the insurance certificate is the same address as the LICENSED PREMISES. No home addresses. Page 7 AC`s O CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOPt" 9/6/20,6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO AC Helen HOtze CPCU AU CIC NAME: Rooke Johnson & Renslow Insurance PHONE {952)931-9999 FAX IAIC, No. go:5620 Smetana Drive ADDRESS:helenh@rjrinsuranee.eom (A N�)' (952)931-0096 E-MAIL Suite #370 INSURER(S) AFFORDING COVERAGE NAIC # Minnetonka MH 55343 INSURERA:WOSt Bend Mutual Insurance 15350 INSURED INSURER 8: 8 TO A DAMP INSURER C; 69252 213th Street INSURER D: INSURER E ; Darwin MN 55324 INSURER F: COVERAGES CFRTIFICATP NI immr-o•CT,16961 1 642 nevrcrnu w �aaars. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY NUMBER IDDNYYY1 POLICY EXP (MMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE }( OCCUR DAMAGE TO RENTED PREMISES (Es occurrence) $ 100,000 A19005800 10/8/2016 10/9/2016 MED EXP (Any_ one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY JECT LOC PRODUCTS - COMPIOP AGG $ 3,000,000 OT! -:ER: Exclude Medical Payments $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ I--- j.iEa accident ------- --- -- ANY AUTO ,. I BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS AO -OWNED UT AUTOS AME PROPERTY DAG (Par accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE - � - AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYY! N I STATUTE ETH , ANY PROPRiETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ , (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATONS below E.L. DISEASE - POLICY LIMIT S A Liquor Liability A19006400 10/8/2016 10/9/2016 Each Common Cause 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate or memorandum of insurance does not affirmatively or negatively amend, extend or alter the coverage afforded by the insurance policy - reference Minnesota Statute 60A.39. City of Orono 2750 Kelly Parkway PO Box 66 Crystal Bay, MH 55323 ACORD 25 (2014/01) I NS025 (201401) TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE H Hotze CPCU AU CIC/H 01988-2014 ACI The ACORD name and logo are registered marks of ACORD RD CORPORATION. All rights reserved. Special Event Permit Application City of Orono 2750 Kelley Parkway ❑ Fee: $50.00 Ot +k SHulj� P.O. Box 66 ❑ Fee: $200.00 Crystal Bay, MN 55323 ❑ Double Fee (application received less than 10 business days prim to event) Date Received: To ensure the health. safetv and welfare of the comm ITvoe of Special Event (check all that apply) ❑ Activity which generates parking needs for more than 20 vehicles off site ❑ Block Party ❑ Carnival ❑ Circus ❑ Commercial/Movie Shoot ❑ Fishing Contest ❑ Hot Air Balloon Event ❑ Live Music - Noise Exemption ❑ Marathon Event ❑ Parachute Jump ❑ Parade of Homes/Home Tours ❑ Street Parade ❑ Theatrical Performance or Exhibits ❑ Use of Public Property i/17 � Private Event Large Assembly involving more than 300 people at one time - $200.00 Fee ❑ Gathering, or projected gathering, of more than 300 persons at one time and at a single location Name: Address: City, State, Zip: Phone: D Organization Address: City, State, Zip: Phone: Event Details Name of Event: Location: Date(s): . Hours: b " Y6 Applicant Phone # on Event Day: Title Ind Brief Description of Ev Use additional paper if necessary. lam aware of all applicable state and other laws regardingparades and special events and will abide by same. IN CONSIDERATION of being allowed to participate in the above-described event, the undersigned hereby releases, waives, discharges, and covenants not to sue the City of Orono, the City's elected officials, employees, volunteers, or agents ("Releasees') for injuries, death, or damages caused by the negligence ofReleasees as a result of participating in the above- described event. The undersigned further agrees to protect, indemnify, and hold harmless Releasees from any and all damages, liability, and costs, including attorney's fees, for injuries, death, or damages caused by the negligence of Releasees. This Release and Indemnification does not apply to intentional, wild, or wanton acts by Releasees. The applicant for a parade, a special event, or a private event permit shall pay a service charge for the governmental services provided to enforce the Orono City Code related to Parades and Special Events; and the city may, as a condition of approval of the permit, require that the applicant deposit money with the city in a sum equal to the estimated service charge to be incurred by the city. Service ch elude all city}�toff time or city consultant time necessary. The City may certify to the County Auditor any unpa' servi charges 4Aiyr all be collected together with property taxes levied against the property. Signature Date —.5 — ( 3616 Special Event Permit Application (continued) Submittals Please give consideration to the following list of documents and/or permits which may be required prior to City and Council approval. The application should be submitted at least 14 days prior to the event. Documents >ilSite plan identifying buildings, driveways, local streets, parking locations, temporary structures (include size), temporary restrooms, or any cordoned off area(s) for special events ❑ Proposed parade route or location of event ❑ Signature of the owner of the property on which the special event is to be held. ❑ Approval of Homeowners Association if the event affects private property where a Homeowners Association has been established. ❑ Proof of written notice to all property owners within 350 feet of the location on which a special event is to be held at least 10 days prior to the event. The notice must contain the date, time, and location of the special event. ❑ Shuttle bus service will be required for all Parade of Homes/Home Tours unless applicant demonstrates sufficient on-site parking is available. Shuttle bus plan to be included with application. ❑ Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the parade or special event, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of Orono City Code Sec. 66- 223. A policy or certificate of insurance on which the city, its agents and employees, are additional insureds, providing public liability insurance providing umbrella or all perils coverage in the amount of $1,000,000.00. Licenses/Permits (if applicable) ❑ DNR ❑ Lake Minnetonka Conservation District (LMCD) ❑ Fireworks ❑ Peddler, Solicitor or Transient Merchant ❑ Fire Department (Fire Marshal) ❑ Temporary Sign ❑ Gambling ❑ Building Permit (temporary structure, i.e. tent) ❑ Hennepin County Sheriff's Water Patrol ❑ Vendor License ❑ Health Department (County) ❑ Other ❑ Temporary Liquor License (State and Local) — Any time alcohol is served or sold to the general public, or if alcohol is sold at a private party/event-even if included in ticket price. May only be issued to a club, charitable, religious, or non-profit organization, or political committee registered under state law. Some or all of the information that you are asked to provide on the application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information will be used to determine your qualification for the permit or license requested. If you refuse to supply the information, the permit or license may not be issued. For Office Use Only Review by Administration ❑ Approved ❑ Denied Review by Building & Zoning ❑ Approved ❑ Denied Review by Fire Marshal. ❑ Approved ❑ Denied Review by Police Department ❑ Approved ❑ Denied ❑ NA ❑ NA By ❑ NA By ❑ NA By V:SDianelLi ==slSpccial EventSSpccial Event Petnvt Applicatinn.doc Please answer the following questions related to this special event permit application. PARTICIPANTS/GUESTS Approximately how many people are expected at event? Is this event open to the public? ❑ Yes JbfNo Is public property used for the event? ❑ Yes 0 No If yes, include copy of Certificate of Insurance showing coverage of the event, i.e. inarathons, parades. PARKING Approximately how many vehicles are expected? V - 67 On -Site Parking: r� How many vehicles could be parked on the property? lJ Off -Site Parking: How many vehicles would need to be parked off the prope VrF L1(G�..t,7 List location(s) of off-site parking: ^Moo e0p_ft £fZ 49E Wit L, 0&J QQ, -P WA,47,+7A- &AA Describe method(s) of transporting guests/participants of event from off- g parking: Xid"5' M/iLtr t.4l4,st SS S i-� lam) Sr�P t -i &t+ -r Submit written permission for parking from property or business owner(s). LIVE MUSIC Will there be live music? I&Yes ❑ No Will there be amplified music? ❑ Yes a No What are the proposed hours for music to be played? Attach a sketch indicating direction/location of music in relationship to property. LIQUOR Will liquor be served at the event? 4� Yes ❑ No If liquor is served, will there be a charge? ❑ Yes Aff- No Is liquor included with the price of a ticket to attend the event? ❑ Yes & No FEES BEING CHARGED Will the event have any fees collected? ift Yes ❑ No Will there be any tickets sold for the event? ❑ Yes o What is the purpose for any money that is collected? alA-,n v.J S 6 RAM - FIREWORKS FIREWORKS Will there be fireworks at your event? ❑ Yes A No Describe location for proposed display of fireworks: VENDORS / OR ATTRACTIONS Will vendors be coming to the event to sell food or other products? ❑ Yes j%� No Permit required from Hennepin County. Will you have any other attractions? (Ex: Petting Zoo, Carnival) ❑ Yes 0, No Attach list of attractions and map of locations PRIVATE EVENTS Will any special services be required from the Police Department or any other city department? ❑ Yes & No Describe the required services: LARGE EVENTS Will there be more than 300 participants? ❑ Yes PLNo Please provide a site map of the event parking, location of music, attractions, tents, sanitary facilities, garbage containment, etc. Must meet requirements of Orono Code Sec. 38-802. ADDITIONAL INFORMATION ■ If you are having an event that has less than 300 people, no music, no fireworks, no off-site parking, not charging for liquor and is not one of the types of special events listed at the beginning of this application, a special events permit may not be required. ■ The City recommends notification to the neighbors so that they are aware of the event, and to help prevent any event -related complaints. Neighbor Notification: Permit holder may be required to provide the information listed below to the property owners within 350 feet of the location of the special event. The phone number must be for a live person who can resolve any conflicts during the event A copy of the notification letter should also be provided to the Orono City Clerk. Date SAMPLE Notice of Special Event Application has been made to the City of Orono for the following special event: Type of Event:I UAB j 1 Location: 1 g �-5 .:23 50 W wAYZ4 Date(s):4`rU�-�JR-Y W ours. Brief Description: W+nom /G�4�a C>F P2a� (90 7zo e�aA-IZ rT-j If you have any questions, please contact: Event Coordinator: ,(Jr -1 Address: /R/-� City, State, Zip: Phone Number During Event: Or prior to the event: Orono City Clerk P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 KGFL,-� % e TO A- LA^i 10 AJ N 00-03'W" w J I f I I I 1'1;;� I E > AroF 2E 3 03 Rk S. P. S. & OR rn 10 n 3. dl '3 ubw cp. 4 r f -� ?ih� T m Z in To W s >1 0 m Zc -i cn 0, m 7z m 'C" M cn rn o c:3 rn z 0 -4 w 24"9 GRON13ERG & ASSOCIATES, INC. CMLEI LAR3 SUR V; I VEYORS, LAND PL41tME1 ISE AC '"1 445 N, VOLI-ow 13REVE LC)Hr. LAKJ�, MM 5535 4. FARWIUG ACPHONE 862473.4-41 473-443 L — -W31 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDA YYY) 9/b/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME; NTACT Helen Hotze CPCU AU CIC Rooke Johnson & Renslow Insurance PHCNN E (952)931-9999 FAX 5620 Smetana Drive EMAIL ADDRESS; helenh@rj rinsurance. com _(A/C,.No): (952) 931-0096 Suite #374 INSURER(S)AFFORDING COVERAGE NAIC# Minnetonka NIN 55343 INSURERA.West Bend Mutual Insurance 15350 INSURED INSURER 9: 8 TO A LAMP INSURER C; 69252 213th Street INSURER D : INSURER E: I Darwin MN 55324 i INSURER F rnvFRAAFS r_POTIPIr ATC IUI Iaa12CO.r!T.l 40471 C09 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE !NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND17ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER fMWDDfYYYYI IMM1QDMYYiLIMITS $ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X CCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 A19005800 1D/8/2016 10/9/2016 MED EXP(Any one person) $ PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY JECT LOC PRODUCTS -COMPIOPAGG $ 3,000,000 OTHER: Exclude Medical Payments $ AUTOMOBILE LIABILITY COMBINED S117GLE LIMIT $ _ E8 dCCiderlt _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS _ AUTOS BODILY !NJURY (Per accident) $ ]TIRED AUTOS AUTOS NON -OWNED AUTOS PROPERTY DAMAGr $ - (Per accident) $ UMBRELLA L1AB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y N STATUTE ETH . ANY PROPRIETORIPARTNER/EXECuTIVE OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ (Mandatary in NH) If yea describe under E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Liquor Liability A19006400 10/8/2016 10/9/2016 Each Common Cause 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This certificate or memorandum of insurance does not affirmatively or negatively amend, extend or alter the coverage afforded by the insurance policy - reference Minnesota Statute 60A.39 CERTIFICATE City of Orono 2750 Kelly Parkway PO Box 66 Crystal Bay, Iii 55323 ACORD 25 (2014/01) INS025 (201401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE H Hotze CPCU AU CIC/H m 1988-2014 ACORD The ACORD name and logo are registered marks of ACORD TION. All rights reserved. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount A 1 ELECTRIC SERVICE OF WA 09/12/2016 105842 19704 602-49450-403 LS#18 repairs Sewer 227.50 A 1 ELECTRIC SERVICE OF WA 09/12/2016 105842 19705 602-49450-403 install ground cabels 2 generators Sewer 586.51 A 1 ELECTRIC SERVICE OF WA 09/12/2016 105842 19706 602-49450-403 fix outside lights,install cable f/generator Sewer 230.97 A 1 ELECTRIC SERVICE OF WA 09/12/2016 105842 19706 101-43000-404 fix outside lights,install cable f/generator Public Works Department 451.25 Total 105842: 1,496.23 ADVANCED FIRST AID INC 09/12/2016 105843 0816-343 101-42110-240 AED BATTERIES & UPGRADE FOR 3 Police Department 730.39 Total 105843: 730.39 ADVANCED IMAGING SOLUTIO 09/12/2016 105844 312037351 602-49450-401 copier lease 8/10 to 9/09 Sewer 1,319.00 ADVANCED IMAGING SOLUTIO 09/12/2016 105844 312065683 602-49450-401 copier lease 8/10 to 9/09 Sewer 522.68 Total 105844: 1,841.68 ALLAN ENGLEMAN 09/12/2016 105845 08092016 101-41410-104 primary election -correction hours Elections 128.25 Total 105845: 128.25 APPRIZE TECHNOLOGY SOLUT 09/12/2016 105846 12410 101-41900-319 insurance enrollment online admin fee Central Services 450.00 APPRIZE TECHNOLOGY SOLUT 09/12/2016 105846 12709 101-41900-319 insurance enrollment online admin fee Central Services 450.00 Total 105846: 900.00 BARRY JOEL MARON 09/09/2016 105841 16-009973 101-42110-489 REF CASE#16-0109973 Police Department 1,015.00 BARRY JOEL MARON 09/09/2016 105841 16-009973 101-42110-489 REF CASE#16-0109973 Police Department 177.00 Total 105841: 1,192.00 BATTERIES PLUS 09/12/2016 105847 021-353927 602-49450-227 battery for LS 6&7 Sewer 70.36 Total 105847: 70.36 BCA TRAINING & DEVELOPME 09/12/2016 105848 25980 101-42110-437 training Szczepanik Police Department 75.00 BCA TRAINING & DEVELOPME 09/12/2016 105848 35706 101-42110-437 DMT -G online recert, datwyler Police Department 375.00 BCA TRAINING & DEVELOPME 09/12/2016 105848 36868 101-42110-437 K.Kirschner- DMT Police Department 375.00 Total 105848: 825.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount BERTELSON ONE SOURCE 09/12/2016 105849 WO -222565- 101-41900-201 office supplies Central Services 217.49 Total 105849: 217.49 BIFFS INC 09/12/2016 105850 608169 101-45200-415 Bederwood park Parks 160.00 BIFFS INC 09/12/2016 105850 W608170 101-45200-415 Summit beach Parks 160.00 BIFFS INC 09/12/2016 105850 W608171 101-45200-415 Hackberry Beach Parks 125.00 BIFFS INC 09/12/2016 105850 W608172 101-45210-415 Golf Course Golf Course 62.79 BIFFS INC 09/12/2016 105850 W608173 101-45200-415 Crystal Bay Playground Parks 62.50 BIFFS INC 09/12/2016 105850 W608174 101-45200-415 Navarre Playground Parks 160.00 BIFFS INC 09/12/2016 105850 W608175 101-45200-415 French Creek Park Preserve Parks 62.50 Total 105850: 792.79 BLUE CROSS BLUE SHIELD OF 09/12/2016 105851 LOG20-F1-0 101-21706 Oct Health insurance-S3,v1,v5,x1,ys,k1 22,226.00 Total 105851: 22,226.00 BUDGET PRINTING 09/12/2016 105852 2254 101-42110-352 pd -junior badges Police Department 517.46 BUDGET PRINTING 09/12/2016 105852 2330 602-49450-322 door hangers Sewer 254.86 BUDGET PRINTING 09/12/2016 105852 2379 601-49400-322 shipping Water 19.23 BUDGET PRINTING 09/12/2016 105852 2433 101-41900-352 inspection slips Central Services 506.32 Total 105852: 1,297.87 CARDMEMBER SERVICE 09/12/2016 105853 07222016 101-42110-402 carwashes Police Department 20.00 CARDMEMBER SERVICE 09/12/2016 105853 082216 101-41110-439 food for worksession-Jimmy Johns Mayor & Council 70.61 CARDMEMBER SERVICE 09/12/2016 105853 08262016 101-42110-439 rotary meeting expense Police Department 20.00 CARDMEMBER SERVICE 09/12/2016 105853 21334 101-42110-439 cake & water explorer training Police Department 52.96 CARDMEMBER SERVICE 09/12/2016 105853 268104 101-42110-439 pizza for explorer training Police Department 73.92 CARDMEMBER SERVICE 09/12/2016 105853 542355 101-43000-212 gas for chain saws & leaf blowers Public Works Department 22.68 CARDMEMBER SERVICE 09/12/2016 105853 6238151263 101-42110-439 pd- staff traiing & legal updates Police Department 56.29 Total 105853: 316.46 CARGILL SALT 08/23/2016 105838 2902915574 601-49400-216 salt_ additional Water 3,000.00 Total 105838: 3,000.00 CENTERPOINT ENERGY MAIN 09/12/2016 105854 08262016 101-45210-381 7/21 to 8/21 Golf Course 16.94 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account CENTERPOINT ENERGY MAIN 09/12/2016 105854 08262016 601-49400-381 CENTERPOINT ENERGY MAIN 09/12/2016 105854 08262016 602-49450-381 CENTERPOINT ENERGY MAIN 09/12/2016 105854 08262016 101-41900-381 CENTERPOINT ENERGY MAIN 09/12/2016 105854 08262016 101-42110-381 Total 105854: 620.72 #240 service Police Department CENTURY LINK 09/12/2016 105855 08192016 101-45210-321 Total 105855: Police Department 42.74 #240 oil change CHESTNUT CAMBRONNE PA 09/12/2016 105856 14526 101-41600-306 Total 105856: 1,618.60 April 9- 2 reserves Police Department CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014052 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014058 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014067 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014090 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014095 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014099 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014115 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 0014119 101-42110-402 CHUNKS LAKESHORE AUTO 09/12/2016 105857 00147076 101.42110-402 Total 105857: CITY OF MEDINA 09/12/2016 105858 5635 101-42110-437 Total 105858: CITYVIEW PLUMBING & HEATIN 09/12/2016 105859 44945 601-49400-405 Total 105859: CORREY FARNIOK 09/12/2016 105860 08242016 101-42110-201 CORREY FARNIOK 09/12/2016 105860 08242016 101-42110-331 Total 105860: Description Department Invoice Amount 7/21 to 8/21 Water 387.63 7/21 to 8/21 Sewer 227.03 7/21 to 8/21 Central Services 95.12 7/21 to 8/21 Police Department 34.15 760.87 GC phone/dsl Golf Course 224.01 conflict prosecution Law/Legal Services 230.00 230.00 237 oil change Police Department 72.60 #235 oil change Police Department 48.76 #243 oil change Police Department 42.74 #238 oil change & service Police Department 322.09 #236 oil change & service Police Department 620.72 #240 service Police Department 208.74 #230 replace batterys Police Department 214.42 #232 oil change Police Department 42.74 #240 oil change Police Department 45.79 1,618.60 April 9- 2 reserves Police Department 74.34 74.34 water plant RPZ repair Water 180.00 180.00 reimb paper towels/coffee Police Department 43.98 airfare chief conference Police Department 516.20 560.18 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount DIAMOND MOWERS INC. 09/12/2016 105861 0114756 -IN 101-43000-402 flail mower, #450 parts Public Works Department 219.92 Total 105861: 219.92 DIANE TIEGS 09/12/2016 105862 08312016 603-49500-221 100 compost bins 1,695.00 Total 105862: 1,695.00 DPC INDUSTRIES 09/12/2016 105863 827001034-1 601-49400-216 chemicals Water 837.00 DPC INDUSTRIES 09/12/2016 105863 827001035-1 601-49400-216 chemicals Water 368.27 Total 105863: 1,205.27 EARL F ANDERSON & ASSOC 09/12/2016 105864 0111888 -IN 101-43000-224 traffic cones Public Works Department 368.50 Total 105864: 368.50 ECM PUBLISHERS INC 09/12/2016 105865 399733 101-41900-352 PC ad Central Services 41.72 ECM PUBLISHERS INC 09/12/2016 105865 403015 101-41900-352 legal ads Central Services 101.32 ECM PUBLISHERS INC 09/12/2016 105865 57654 101-42110-340 back to school Police Department 90.00 Total 105865: 233.04 ESS BROTHERS & SONS 09/12/2016 105866 W5843 602.49450-406 manhole ring Sewer 910.00 ESS BROTHERS & SONS 09/12/2016 105866 W5962 602.49450-406 manhole supplies Sewer 260.00 Total 105866: 1,170.00 EULL S MANUFACTURING CO 1 09/12/2016 105867 029094 602-49450-227 tar I&l Sewer 420.00 Total 105867: 420.00 FLEXIBLE PIPE TOOL CO 09/12/2016 105868 20241 602-49450-402 #711 jetter parts Sewer 80.00 Total 105868: 80.00 FOTOHAUS 09/12/2016 105869 08252016 101-42110-319 PD photos Police Department 102.00 Total 105869: 102.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Total 105871 GERRY TRAINOR Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 18.34 Public Works G & K SERVICES 09/12/2016 105870 1006855432 101-43000-226 uniform G & K SERVICES 09/12/2016 105870 1006855432 101-41900-404 mats G & K SERVICES 09/12/2016 105870 1006855448 101-45210-223 GC mats G & K SERVICES 09/12/2016 105870 1006866635 101-43000-226 uniform G & K SERVICES 09/12/2016 105870 1006866635 101-43000-221 towels G & K SERVICES 09/12/2016 105870 1006877938 101-43000-226 uniform G & K SERVICES 09/12/2016 105870 1006877938 101-43000-221 towels Total 105870: GENUINE PARTS COMPANY/NA 09/12/2016 105871 329962 602-49450-403 supplies GENUINE PARTS COMPANY/NA 09/12/2016 105871 330827 101-43000-403 safetyflag GENUINE PARTS COMPANY/NA 09/12/2016 105871 331411 602-49450-221 Is#6 supplies GENUINE PARTS COMPANY/NA 09/12/2016 105871 332688 101-42110-402 touch up paint Total 105871 GERRY TRAINOR 09/12/2016 105872 008252016 999-10015 REFUND OVERPMT-245 CRESTVIEW Total 105872: 14.40 Golf Course 18.34 Public Works GOPHER STATE ONE CALL 09/12/2016 105873 6080623 601-49400-489 locates GOPHER STATE ONE CALL 09/12/2016 105873 6080623 602-49450-489 locates Total 105873: HD SUPPLY WATERWORKS LT 09/12/2016 105874 1000562580 101-43000-226 safety equipment HD SUPPLY WATERWORKS LT 09/12/2016 105874 21639052 101-43000-226 credit anitfog lens Total 105874: HD SUPPLY WHITE CAP 09/12/2016 105875 1000568692 101-43000-226 safety glasses Total 105875: HENNEPIN COUNTY ATTORNE 09/12/2016 105876 15-010960 231-35610 30% proceeds from sale of forfeit Total 105876: HENNEPIN COUNTY ATTORNE 09/12/2016 105877 15-014246 231-35610 30% proceeds from sale of forfeit Sewer 71.76 Public Works Department 23.07 Sewer 14.99 Police Department 14.93 Water 262.58 Sewer 262.57 Public Works Department 266.59 Public Works Department 129.48 - Public Works Department 39.84 39.84 6.00 6.00 Department Invoice Amount Public Works Department 57.94 Central Services 14.40 Golf Course 18.34 Public Works Department 57.94 Public Works Department 6.38 Public Works Department 57.94 Public Works Department 6.38 Sewer 71.76 Public Works Department 23.07 Sewer 14.99 Police Department 14.93 Water 262.58 Sewer 262.57 Public Works Department 266.59 Public Works Department 129.48 - Public Works Department 39.84 39.84 6.00 6.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 630.60 Police Department 289.31 Central Services 405.04 Water 67.51 Total 105877: 202.51 964.37 Sewer 439.95 HENNEPIN COUNTY INFOR TE 09/12/2016 105878 1000080721 101-41900-319 network support Total 105878: HENNEPIN COUNTY SHERIFF 09/12/2016 105879 1000080601 101-41600-309 jail charges Total 105879: INTEGRA TELECOM 09/12/2016 105880 14095822 101-42110-321 Phone service INTEGRA TELECOM 09/12/2016 105880 14095822 101-41900-321 Phone Service INTEGRA TELECOM 09/12/2016 105880 14095822 601-49400-321 Phone Service INTEGRA TELECOM 09/12/2016 105880 14095822 602-49450-321 Phone Service Total 105880: INTERSTATE POWERSYSTEMS 09/12/2016 105881 R001117252 602-49450-403 LS 12 GEN SETr Total 105881: JACKIE YOUNG 09/12/2016 105882 08292016 101-41300-319 CC meeting 8/08,08/22 JACKIE YOUNG 09/12/2016 105882 08292016 101.42400-319 PC meeting 08/15 Total 105882: JAMES & DEVON DIEBEL 09/12/2016 105883 2016-00835 101-22205 ESCROW REFUND -2016-00835 3295 CARMAN R Total 105883: JAY DEMBOUSKI 09/12/2016 105884 08042016 101-42110-226 reimb eyeglasses damaged on duty Total 105884: JEAN & REBECCA PRENEVOST 09/12/2016 105885 09072016 101-22205 escrow refund #2015-01046/2350 OLIVER HILL Total 105885: KENNETH N POTTS PA 09/12/2016 105886 09012016 101-41600-306 prosecution services AUG Department Invoice Amount 5,215.80 Central Services 50.00 50.00 Law/Legal Services 630.60 630.60 Police Department 289.31 Central Services 405.04 Water 67.51 Sewer 202.51 964.37 Sewer 439.95 439.95 Administration 355.00 Building & Zoning 240.00 Police Department 229.50 229.50 10,000.00 10,000.00 Law/Legal Services 3,000.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 105886: 3,000.00 KLINGSPOR 09/12/2016 105887 2956684 101-43000-240 parts Public Works Department 66.19 KLINGSPOR 09/12/2016 105887 2958646 101-43000-240 freight f/crimp wheels Public Works Department 8.13 Total 105887: 74.32 KUSTOM SIGNALS INC 09/12/2016 105888 530960 101-42110-221 SpDOM CABLE KIT Police Department 34.00 Total 105888: 34.00 LAKE MTKA CONSERVATION DI 09/12/2016 105889 06302016 101-41110-433 3rd Qtr levy payment Mayor & Council 12,638.25 LAKE MTKA CONSERVATION DI 09/12/2016 105889 08252016 101-41110-433 4th qtr levy payment Mayor & Council 12,638.25 Total 105889: 25,276.50 LAKESCAPE LLC 09/12/2016 105890 204 101-45200-404 Beach weed removal Parks 632.50 Total 105890: 632.50 LEAGUE OF MN CITIES 09/12/2016 105891 54060 703-49960-361 comp municipal liability 30,947.75 Total 105891: 30,947.75 LEXISNEXIS RISK SOLUTIONS 09/12/2016 105892 1297291-201 101-42110-311 July Contract fee Police Department 123.00 Total 105892: 123.00 LOGIS 09/12/2016 105893 42111 101-45210-401 cc processing issues Golf Course 165.00 LOGIS 09/12/2016 105893 42111 101-41900-401 ch switch issues Central Services 247.50 LOGIS 09/12/2016 105893 42124 406-48720-575 down pmt-TriTechSystem 30,738.00 LOGIS 09/12/2016 105893 42140 101-42110-310 police records Police Department 6,017.00 LOGIS 09/12/2016 105893 42140 101-41900-329 internet Central Services 194.50 LOGIS 09/12/2016 105893 42140 101-42110-329 internet Police Department 194.50 LOGIS 09/12/2016 105893 42140 101-41900-319 backups Central Services 980.00 LOGIS 09/12/2016 105893 42247 101-41900-401 Network thru 7/30 Central Services 27.50 Total 105893: 38,564.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE LONG LAKE TRUE VALUE Total 105894: MACQUEEN EQUIPMENT Total 105895: MAILFINANCE Total 105896 MANSFIELD OIL COMPANY MANSFIELD OIL COMPANY MANSFIELD OIL COMPANY MANSFIELD OIL COMPANY MANSFIELD OIL COMPANY Total 105897: MATT SILTALA Total 105898: MEDIACOM MEDIACOM MEDIACOM MEDIACOM MEDIACOM MEDIACOM Total 105899 Check Check Invoice Invoice GL Account Description Issue Date Number Number 101.42110-212 Fuel 09/12/2016 105894 A33390 101-45210-223 gc=hardware 09/12/2016 105894 B348348 101-42110-221 supplies 09/12/2016 105894 B349190 602-49450-402 hardware 09/12/2016 105894 8349706 101-43000-224 sign supplies 09/12/2016 105894 B349936 101-43000-386 ocb st light repair 09/12/2016 105894 B349980 101-45210-223 supplies 09/12/2016 105894 B350039 101-43000-403 welding room saw 09/12/2016 105894 B351580 101-43000-386 fuse 09/12/2016 105895 P00973 602-49450-402 FOOTAGE HOSEREEL 09/12/2016 105896 N6083787 101-41900-401 postage meter lease 09/12/2016 105897 642133 09/12/2016 105897 642134 09/12/2016 105897 654997 09/12/2016 105897 654998 09/12/2016 105897 657720 101-45210-212 GC fuel 101-45210-212 GC fuel 101-43000-212 Diesel 101-43000-212 Fuel 101.42110-212 Fuel 09/12/2016 105898 07032016 101-42110-226 clothing reimb 09/12/2016 105899 07212016 101-41900-329 internet 08/16 09/12/2016 105899 07212016 101-42110-329 internet 08/16 09/12/2016 105899 07212016 614-49840-329 internet 08/16 09/12/2016 105899 08212016 101-41900-329 internet 9/2016 09/12/2016 105899 08212016 101-42110-329 internet 9/2016 09/12/2016 105899 08212016 614-49840-329 internet 9/2016 Department Golf Course Police Department Sewer Public Works Department Public Works Department Golf Course Public Works Department Public Works Department Sewer Central Services Golf Course Golf Course Public Works Department Public Works Department Police Department Police Department Central Services Police Department Cable Franchise Central Services Police Department Cable Franchise Invoice Amount 19.06 10.38 .88 37.04 5.19 15.46 .33 10.99 540.21 550.10 1,235.77 1,613.82 --1 J 296.75 593.50 296.75 296.75 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount METRO WEST INSPECTIONS S 09/12/2016 105900 AUGUST 16 101-42400-310 July inspection services Building & Zoning 6,174.50 Total 105900: 6,174.50 MINNEAPOLIS OXYGEN COMP 09/12/2016 105901 183227463 101-42110-221 oxygen Police Department 144.56 Total 105901: 144.56 MINNESOTA AMBULANCE ASS 09/12/2016 105902 P18617 651-49910-402 GLASS RETURN Storm Water 68.25 Total 105902: 68.25 MINNESOTA EQUIPMENT 09/12/2016 105903 P14042 651-49910-402 DOOR #450 Storm Water 520.50 MINNESOTA EQUIPMENT 09/12/2016 105903 P18616 651-49910-402 DOOR #450 Storm Water 455.00 - MINNESOTA EQUIPMENT 09/12/2016 105903 P47962 101-45210-221 PART FOR TEE MOWER Golf Course 57.39 Total 105903: 122.89 MINNESOTA EQUIPMENT 09/12/2016 105904 L09572 101-45210-221 repair & parts Golf Course 230.33 MINNESOTA EQUIPMENT 09/12/2016 105904 P48317 101-43000-403 safety supplies Public Works Department 21.95 Total 105904: 252.28 MN DEPT OF REVENUE -WIRE 09/12/2016 105905 0716 101-34210 Jul sales tax 3,279.00 Total 105905: 3,279.00 MN DEPT OF TRANSPORTATIO 09/12/2016 105906 000006030 101-43000-408 bituminous plant inspection Public Works Department 149.53 MN DEPT OF TRANSPORTATIO 09/12/2016 105906 P00006125 402-48056-590 material testing Watertown Road 189.04 Total 105906: 338.57 MN HIGHWAY SAFETY CENTER 09/12/2016 105907 08172016 101-42110-437 driving school MCCOY,NEEDHAM Police Department 938.00 Total 105907: 938.00 MN NCPERS GROUP LIFE INS 09/12/2016 105908 092016 101-21710 Para life 9/16 224.00 Total 105908: 224.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount MOUND TRUE VALUE 09/12/2016 105909 137337 101-42110-221 strip protector Police Department 18.99 MOUND TRUE VALUE 09/12/2016 105909 137380 101-42110-402 supplies for vehicles Police Department 9.49 MOUND TRUE VALUE 09/12/2016 105909 137436 101-42110-221 keys Police Department 5.97 MOUND TRUE VALUE 09/12/2016 105909 137481 101-42110-221 SIGN POSTS Police Department 62.98 MOUND TRUE VALUE 09/12/2016 105909 137567 101-42110-221 animal supplies Police Department 15.99 MOUND TRUE VALUE 09/12/2016 105909 137583 101-42110-221 pd supplies Police Department 40.97 MOUND TRUE VALUE 09/12/2016 105909 137658 101-42110-221 repair &tune up PD bikes Police Department 81.98 MOUND TRUE VALUE 09/12/2016 105909 137664 101-42110-240 giveaways for NNO Police Department 147.98 MOUND TRUE VALUE 09/12/2016 105909 137860 101-42110-240 misc supplies Police Department 23.15 MOUND TRUE VALUE 09/12/2016 105909 137886 101-42110-402 connector Police Department 5.99 MOUND TRUE VALUE 09/12/2016 105909 137951 101-42110-240 car seat acc Police Department 14.97 Total 105909: 428.46 NAVARRE AMSTAR 09/12/2016 105910 296770 602-49450-227 9v batteries Sewer 6.99 Total 105910: 6.99 NAVARRE HARDWARE 09/12/2016 105911 296524 101-41900-201 keys Central Services 5.97 Total 105911: 5.97 NELSON ELECTRIC MOTOR RE 09/12/2016 105912 7750 602-49450-406 repairs Sewer 220.00 NELSON ELECTRIC MOTOR RE 09/12/2016 105912 7756 602.49450-406 GS 2 repair Sewer 625.00 Total 105912: 845.00 NORLINGS 09/12/2016 105913 31771 101-45200-404 City Hall landscape maintenance Parks 571.00 Total 105913: 571.00 NORTON HOMES 09/12/2016 105914 09072016 101-22205 escrow refund 2015-01148/1105 BROWN RD S 2,500.00 NORTON HOMES 09/12/2016 105914 2015-01345 101-22205 escrow refund-2015-10345/425lakeview pkwy 2,500.00 Total 105914: 5,000.00 OFFICE DEPOT 09/12/2016 105915 8262749900 101-42110-201 office supplies Police Department 15.71 OFFICE DEPOT 09/12/2016 105915 8562747230 101.42110-201 office supplies Police Department 33.58 OFFICE DEPOT 09/12/2016 105915 8596342990 101-42110-201 office supplies Police Department 131.08 OFFICE DEPOT 09/12/2016 105915 8596345570 101-42110-201 office supplies Police Department 9.19 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Department Invoice Amount Police Department 189.56 159.83 Sewer 705.97 Sewer 155.21 Sewer Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Parks 349.38 Golf Course 59.18 665.27 Police Department 625.00 Total 105915: 625.00 Golf Course 91.70 PERRYS TRUCK REPAIR 09/12/2016 105916 16560 101-42110-402 Tow /kia sorento PERRYS TRUCK REPAIR 09/12/2016 105916 16601 231-45650-436 Tow /Honda Pilot Total 105916: PETER STAHL 09/12/2016 105917 2016-00503 101-22205 ESCROW REFUND -2016-00503/2755 DEER RUN Total 105917: PIRTEK 09/12/2016 105918 S2326139.00 602-49450-402 tank truck #714 repairs PIRTEK 09/12/2016 105918 S2336224.00 602-49450-402 #713 repair jetter hose Total 105918: PRAIRIE RESTORATIONS INC 09/12/2016 105919 3553 234-45680-404 Lurton Park mowing Total 105919: QUALITY CONTROL & INTEGRA 09/12/2016 105920 32425 602-49450-406 Repair powerflo Total 105920: QUALITY FLOW SYSTEMS INC 09/12/2016 105921 32403 602-49450-406 LS 14 repair Total 105921: RANDYS SANITATION INC 09/12/2016 105922 81916 101-41900-404 Aug service RANDYS SANITATION INC 09/12/2016 105922 81916 101-45200-404 Aug service RANDYS SANITATION INC 09/12/2016 105922 81916 101-45210-404 Aug service Total 105922: READY WATT ELECTRIC 09/12/2016 105923 100317 101-42110-403 Siren repair Total 105923: REED VENDING 09/12/2016 105924 9254 101-45210-094 concessions supplies Department Invoice Amount Police Department 189.56 159.83 Sewer 705.97 Sewer 155.21 Sewer 787.20 787.20 Sewer 755.00 755.00 Central Services 256.71 Parks 349.38 Golf Course 59.18 665.27 Police Department 625.00 625.00 Golf Course 91.70 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Description TIM SONNEK 09/12/2016 105931 08172016 101-42110-437 2 NIGHT CONF/DARE CONF TIM SONNEK 09/12/2016 105931 08172016 101-42110-229 SOFTBALLS FOR MOUND & LLK Total 105931: TITAN ENERGY SYSTEMS 09/12/2016 105932 160725-012 602-49450-403 generator work Total 105932: Department Invoice Amount Storm Water Water Sewer Public Works Department Central Services Parks Golf Course Police Department Police Department Sewer 91.70 74.31 408.71 408.70 891.72 406.95 406.95 255.76 255.76 53.91 27.94 73.88 387.16 74.97 276.19 Check Check Invoice Invoice GL Account Payee Issue Date Number Number Total 105924: RITEWAY BUSINESS FORMS 09/12/2016 105925 16-32778 651-49910-240 ub forms RITEWAY BUSINESS FORMS 09/12/2016 105925 16-32778 601-49400-240 ub forms RITEWAY BUSINESS FORMS 09/12/2016 105925 16-32778 602-49450-240 ub forms Total 105925: SELECT ACCOUNT 09/12/2016 105926 38266867 101-21719 FLEX Total 105926: SELECT ACCOUNT 09/12/2016 105927 38263091 101-21719 FLEX Total 105927: SUN LIFE FINANCIAL 09/12/2016 105928 SEP16 101-21710 basic life sept Total 105928: THE HOME DEPOT 09/12/2016 105929 08182016 101-43000-240 park supplies THE HOME DEPOT 09/12/2016 105929 08182016 101-41900-404 park supplies THE HOME DEPOT 09/12/2016 105929 08182016 101.45200-223 street supplies Total 105929: THORPE DIST CO 09/12/2016 105930 1131451 101-45210-091 beer for resale Total 105930: Description TIM SONNEK 09/12/2016 105931 08172016 101-42110-437 2 NIGHT CONF/DARE CONF TIM SONNEK 09/12/2016 105931 08172016 101-42110-229 SOFTBALLS FOR MOUND & LLK Total 105931: TITAN ENERGY SYSTEMS 09/12/2016 105932 160725-012 602-49450-403 generator work Total 105932: Department Invoice Amount Storm Water Water Sewer Public Works Department Central Services Parks Golf Course Police Department Police Department Sewer 91.70 74.31 408.71 408.70 891.72 406.95 406.95 255.76 255.76 53.91 27.94 73.88 387.16 74.97 276.19 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Department Invoice Amount 4,500.00 Public Works Department 58.39 Police Department 60.00 Golf Course Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number TL STEVENS 08/23/2016 105839 8627 225-45200-530 Materials - Lurton Park Well Total 105839: TOLL GAS & WELDING SUPPLY 09/12/2016 105933 10148635 101-43000-403 supplies Total 105933: TREVOR BAUTCH 09/12/2016 105934 08282016 101-42110-319 comliance check Total 105934: TRUE VALUE HARDWARE 09/12/2016 105935 296591 101-45210-223 supplies TRUE VALUE HARDWARE 09/12/2016 105935 296616 101-45200-223 supplies TRUE VALUE HARDWARE 09/12/2016 105935 296662 602-49450-489 water for jetting crew TRUE VALUE HARDWARE 09/12/2016 105935 296801 101-45200-223 brn mulch TRUE VALUE HARDWARE 09/12/2016 105935 B347320 101-41900-404 DOOR STOP & HARDWARE Total 105935: VACKER INC 09/12/2016 105936 1569 101-45200-225 park signs Total 105936: VALLEY RICH CO 09/12/2016 105937 23039 601-49400-405 2256 shadywood rd Total 105937: WASTE MANAGEMENT RECYC 09/12/2016 105938 0021052-080 603-49500-316 Recycling Aug Total 105938: WEILANDS ALL SEASONS CLINI 09/12/2016 105939 23685 101-41900-404 AC repair city hall Total 105939: WILDTHREADS 09/12/2016 105940 23550 101-45210-095 Golf Course apparel WILDTHREADS 09/12/2016 105940 25349 101-45210-095 Golf Course apparel Department Invoice Amount 4,500.00 Public Works Department 58.39 Police Department 60.00 Golf Course 31.97 Parks 4.99 Sewer 5.98 Parks 15.96 Central Services 13.09 71.99 Parks 1,681.00 Water Central Services Golf Course 204.50 Golf Course 753.55 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 8/23/2016 - 9/12/2016 Sep 08, 2016 03:29PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 105940: 958.05 WILLIAMS TOWING 09/12/2016 105941 140659 231-45650-436 stolen car recovered/tow 155.00 Total 105941: 155.00 WINDSTREAM 09/12/2016 105942 59657104 601-49400-321 water plant phone Water 56.69 Total 105942: 56.69 XCEL ENERGY 09/12/2016 105943 514736214 101-41900-381 7/22 to 8/24 Central Services 1,983.97 XCEL ENERGY 09/12/2016 105943 514736214 101-42110-381 7/22 to 8/24 Police Department 1,313.34 XCEL ENERGY 09/12/2016 105943 514736214 101-42110-381 7/22 to 8/24 Police Department 37.86 XCEL ENERGY 09/12/2016 105943 514736214 101-43000-381 7/22 to 8/24 Public Works Department 145.84 XCEL ENERGY 09/12/2016 105943 514736214 101-43000-386 7/22 to 8/24 Public Works Department 2,029.20 XCEL ENERGY 09/12/2016 105943 514736214 101-45200-381 7/22 to 8/24 Parks 35.18 XCEL ENERGY 09/12/2016 105943 514736214 601-49400-381 7/22 to 8/24 Water 1,195.45 XCEL ENERGY 09/12/2016 105943 514736214 602-49450-381 7/22 to 8/24 Sewer 2,953.71 XCEL ENERGY 09/12/2016 105943 514736214 101-45210-381 7/22 to 8/24 Golf Course 1,135.23 Total 105943: 10,829.78 YAHOO ACCOUNTS RECEIVAB 09/12/2016 105944 317901 101.42110-311 YAHOO SERVICES Police Department 40.00 Total 105944: 40.00 YAMAHA GOLF & UTILITY INC 09/12/2016 105945 01-+176057 101-45210-415 cart lease Golf Course 330.00 YAMAHA GOLF & UTILITY INC 09/12/2016 105945 01-176056 101-45210-415 event rental Golf Course 1,410.00 Total 105945: 1,740.00 Grand Totals: 230.250.61