HomeMy WebLinkAbout#4240-CUP/Prelim plat/PRD-1999 . � �370D UVi �
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A RESOLUTION GRANTING CONDITIONAL APPROVAL
OF A PRELIlVIINARY PLAT AND 29 UNIT (TOWNHOMES)
PLANNED RESIDENTIAL DEVELOPMENT
AT 3700-3760 SHORELINE DRIVE
FOR BROOK PARK REALTY
- FILE NO. 2308
WHEREAS, Brook Park Realty, LLP, the applicant and Tonka Venture, LLC, the
owner, (hereinafter the "subdivider") on September 15, 1997, filed a formal subdivision application
with the City for approval of a 30 unit Planned Residential Development of property legally
described as:
Lots 2 and 3, Block 9, Townsite of Langdon Park, Hennepin County, Minnesota
(hereinafter "the property"); and
W�IEREAS, 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 public hearings on October 19, 1997 and November 17, 1997, at
which time all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, at their regular meeting held on December 8, 1997, the Orono City
Council considered the subdivision application of Brook Park Realty noting the following
findings of fact:
1. The property is located in the LR-1C-1, One Family Lakeshore Residential
Zoning District.
2. The property contains 432,666 sq. ft. or 9.9 total acres, of which 98,970 sq. ft.
or 2.2 acres are wet and 333,696.1 sq. ft. or 7.7 acres are dry. The amount of
land dedicated to roads is 1.1 acres.
At the time of application, Section 10.55, Subdivision 15, provided for
residential properties served by municipal sanitary sewer a limited density credit
as part of the minimum lot area for purposes of complying with the land use
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density of the zoning requirements. The owner or developer may be credited
with an amount of land within the Flood Fringe District, equal to, but not .
� exceeding the amount of adjacent land. Such credit shall be conditioned upon
dedication of perpetual open space and flowage easements to the City over all
protected areas so utilized for density credit.
3: At the time of application, the LR-1C-1 zoning district provided a credit to
increase by 50% the density, subject to compliance with the following criteria:
A. All provisions of the Planned Residential Development are met (Section
10.32).
B. Public sanitary sewer is available.
C. All dwelling units are attached but not more than 4 (four) units allowed
per structure.
D. The maximum height shall not exceed 30 (thirty) feet.
E. No more than 35% of the zoning lot is hardcover.
F. A minimum of 2 (two) pazking spaces are provided for each dwelling
unit. At least one parking space shall be enclosed and attached to the
principal structure it serves.
4. The planned residential development proposal includes the following setbacks:
A. A 15' front yard setback from Livingston Avenue where 30' is required.
B. A 22' front yard setback from the private drive serving Blocks 3 and 4
' where 30' is required.
C. A 35' rear yard setback from the railroad right-of-way where 55' is
required per Section 11.33, Design Standards, Subdivision 2 (A).
D. A 30' side yard setback from the east property line where 10' is required.
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E. A 15' setback from the east property line for the hammerhead at the end
of the private drive where Section 11.32, Subdivision 2, On Site
Roadways, (I� (2) requires the terminus of a permanent dead-end street
to be 50' from a boundary line.
5. The planned residential development proposes 29 townhome units as follows:
Block 1, Lots 1-12
Block 2, Lots 1-7
Block 3, Lots 1-3
Block 4, Lots 1-7
Blocks 1 and 2 shall have access from Livingston Avenue as shown on p. 4 of
the preliminary plat dated 9-25-97, most revised date February 4, 1999, as
prepared by Westwood Professional Services, Inc.
6. The proposed plat includes a 50' public right-of-way to extend Livingston
Avenue. The minimum paved width shall be 32', in accordance with the
� residential public street standards as set forth in Section 11.32, Subd. 4. The
public right-of-way extends to the west property line. The paved street will only
be constructed to a point that is 570 feet east of the west property line. The
public right-of-way shall only be opened for public travel to the end of the
street construction. Opening the remainder of the public right-of-way to the
west property line will require City Council approval.
7. The proposed plat includes a 30' private road right-of-way platted as Outlot C
to serve Block 3, Lots 1-3, and Block 4, Lots 1-7. Within the 30' outlot, the
minimum paved width is 22' where Section 11.32, Subd. 4, requires a private
street with over 10 units to provide a 50' right-of-way and a minimum paved
width of 28'. The reduction in the required paved width, from 28' to 22' is to
preserve mature trees in Outlot B.
8. The subject property is deciduous woodland with large oak, sugar maple and
American basswood trees. The planned residential development is designed to
maximize preservation of mature trees.
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9. The subject property contains two isolated wetlands. The larger wetland at the
south end of the parcel is a designated Department of Natural Resources
Protected Wetland (Type 3 shallow marsh PEMIF") and is subject to Department
of Natural Resources regulations below the Ordinary High Water Level
(OHWL). The northwest corner of the property is a Type 7 wooded swamp
(PFOSC).
10. The filling of the wetlands on the property has gradually occurred during the
last twenty years.
A. The subdivider has indicated that he intends to provide the adjacent
property an easement for a driveway over a strip of land parallel to the
west property line from CSAH 15 (Shoreline Drive). The land area to
be included in the easement agreement was also used to calculate the
total lot area and density.
B. The Department of Natural Resources (DNR), the Minnehaha Creek
Watershed District (MCWD), and the Army Corps of Engineers have
regulations related to filling and restoring wetlands.
11. Concurrent with the subdivision application, the subdivider has also submitted
an application for a Planned Residential Development for a 29 unit townhome
development; and
WHEREAS, the applicant claimed that the City erred and sued in District Court
for compliance with Minnesota Statutes 15.99, requiring action on an application within sixty
(60) days unless the City extends the review period in writing; and
WHEREAS, an order by Judge Charles Porter, Jr., Fourth District Court has
required the City to approve a preliminary plat and planned residential development without
the ability to work with the applicant to address concerns such as the need for a second access
onto County Road 15; and .
WHEREAS, the City has considered its right to appeal from the judgment of
Judge Porter and will agree to waive its rights if an appropriate settlement of this matter can
be reached; and �
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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 approves the
preliminary plat and planned residential development for Brook Park Realty/Tonka Venture for
the property located at 3700-3760 Shoreline Drive per the plans dated 9-25-97 and most
revised on February 4, 1999 by Westwood Professional Services, Inc., for a 29 unit townhome
development, subject to the following conditions: �
l. This approval is contingent on settlement of the litigation referenced above.
This approval sha11 not be effective unless and until the applicant/subdivider
enters into a binding settlement agreement acceptable to the City and its
attorney.
2. The Department of Natural Resources (DNR) shall be asked to determine the
Ordinary High Water Level (OHWL) of Basin 27-914W. The proposed roadway
will need to be realigned if any portion encroaches below the OHWL. A formal.
� wetland delineation shall be conducted to determine the extent of the Wetland
Conservation Act (WCA) wetlands.
� 3. Sanitary sewer and water main designs shall be provided with the final plat set
to be reviewed by the City Engineer. Service locations shall be shown on the
final plans with sanitary services located 3' downstream from water services.
Sanitary sewer and water flow capacities meet all requirements.
4. The drainage area map shall include the boundary for flows to the northerly
wetland and CB55 to verify that the proposed 12-inch RCP under Livingston
Avenue is adequate. The City Engineer shall review and approve pipe grades,
erosion control measures, pond outlot controls and weir design.
5. The proposed radius of Livingston Avenue shall be 150' instead of the required
275' (30 mph design) to allow the proposed street to be aligned to the north side
and around the west side of five very large, significant oaks and maples.
Reduced speed signage will be required.
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6. The subdivider shall provide typical street sections for Livingston Avenue and
the private drive. A geotechnical analysis and R-value sha11 be submitted for
review and approved by the City Engineer to verify the proposed pavement
design.
� Final plat set to indicate the construction of a 32' wide bituminous paved public
road with concrete curb and gutter and storm sewers from the end of the
existing developed Livingston Avenue west along the 50 foot wide dedicated
public right-of-way for a distance of 570 feet. A 40 foot radius cul-de-sac shall
be constructed at the west end of the northern set of buildings.
The subdivider shall plat a 30' private road outlot within which the subdivider
shall construct a 22' wide paved driveway from Livingston Avenue, a public
road, as extended, to serve Blocks 3 and 4. A hammerhead design turnaround
shall be constructed at the end of the private driveway. Maintenance of the
private roadldriveway shall be per the terms of a private road/driveway
maintenance covenant and shall be the responsibility of the
subdivider/homeowner's association.
The public road and private road/driveway shall be constructed at the sole
expense of the subdivider. The subdivider shall provide a financial guarantee
in a form acceptable to the City for the construction of the remainder of the
public street to the west property line. This road extension to the west property
line shall be constructed at the subdivider's expense if and when the adjacent
property to the west is redeveloped with an additional access to County Road
15. It is the City's intent with this provision that Livingston Avenue may be
extended to the west property line and through the properiy to the west (17-117-
23 34 0003) of the subject site only if it will connect to CSAH 15 (Shoreline
Drive) to provide access to County Road 15 to reduce the traffic impact on the
properties to the east of this development. Extension of this street will require
City Council approval to open the right-of-way for public travel.
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7. The subdivider shall dedicate drainage easements over the wetlands, ponding .
area, and the portion of the storm sewer which is located outside of the right-of-
way. The subdivider shall grant flowage and conservation easements over all
designated wetlands.
8. The subdivider shall dedicate an additional 7' of right-bf-way along CSAH 15
(Shoreline Drive) for a total of 40' from the centerline. This area will be used
to accommodate utilities, snow storage, signage, pedestrian/bike trail or other
public uses.
9. The subdivider will obtain appropriate permits from Hennepin County prior to
construction within the County right-of-way. All areas within the County right-
of-way disturbed during construction will be restored.
10. The subdivider shall protect all trees and wooded areas that are to be preserved
by fencing at the drip line prior to commencing construction. Good construction
management and arborist practices shall be observed to minimize the potential
for infection and spread of oak wilt.
11. The subdivider shall configure and construct the stormwater management pond
as a natural feature. The perimeter of the pond shall be treated as a natural
edge and planted with appropriate native grasses, deciduous trees and shrub
masses.
12. The subdivider shall minimize grading impacts on the site. Low, curved
retaining walls shall be used to lessen grading impacts to preserve natural
features. The retaining walls shall be constructed of a permanent material that
blends with the natural setting. Timber walls shall not be allowed.
13. The subdivider shall submit an internal walkway layout that is compatible with
the wooded area. Trail connections constructed of an all-weather material shall
be provided between Block 2 and 3 and Block 2 and 4 walkways. The trails
shall follow the existing trail alignments. A paved 8' trail linkage from the
project area to CSAH 15 (Shoreline Drive) shall be provided. The trail plan
shall be reviewed and approved by the Public Services Director.
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14. The subdivider shall provide a lighting plan to be reviewed and approved by the
City Council. .
15. The subdivider shall provide a signage plan for entry signs and monuments prior
to construction, subject to review and approval by the Public Services Director.
16. The subdivider shall provide a plan for mailbox location and treatment to be
reviewed and approved by the Public Services Director.
17. The subdivider shall submit a landscaping plan after tree removal, grading and
rough framing have been completed in order to evaluate the site conditions and
determine the need for more landscaping and screening. The landscape plan
shall be reviewed by the City's consultant and reviewed and approved by the
City Council prior to certificate of occupancy being issued. The landscape plan
shall meet generally accepted standards for landscaping of a development such
' as the one proposed.
18. The subdivider shall identify all junk, debris, or hazardous materials on the site
and document, remove and dispose of the materials in accordance with all
applicable rules; guidelines,and laws. No cut trees, timber, debris, earth, rock,
stones, soil, junk, rubbish, or other waste materials of any kind shall be buried
in any land, or left or deposited on any lot or street at the time of the issuance
of a certificate of occupancy.
19. The subdivider is hereby advised that preliminary subdivision approval will
expire within one year of the date of Council approval, February 22, 2000. . If
the subdivider fails to complete the final plat within one year, a new application
will be required.
20. Subdivider is hereby advised that the City cannot grant final plat approval until
a permit from the Minnehaha Creek Watershed District has been approved for
all grading and drainage improvements on the property.
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, 21. The subdivider shall restore the wetland, identified as Basin B, Type 3 shallow
marsh PEM1F. A minimal amount of fill shall be allowed to remain to provide
a 20' driveway with 5' unpaved shoulders in the 30' easement area to provide
access to the properry at 3770 Shoreline Drive; and to provide a 3:1 slope from
the driveway to the wetland. This driveway shall be removed at the time the
easement is vacated. �
The subdivider shall further comply with applicable requirements of the MCWD,
DNR, and Army Corps of Engineers for wetland restoration on the subject
property.
The following list of final submittals must be submitted to the Zonin� Administrator 30
days prior to the regularly scheduled Council meetings. Required 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 survey by Westwood Engineering, Inc.
dated September 25, 1997, most revised date February 4, 1999.
B. Dedication of "drainage and utility easements" 10' wide along the exterior
boundaries of property.
C. Dedication of 7' of right-of-way to Hennepin County along CSAH 15
(Shoreline Drive).
D. Dedication and designation of drainage easements over the stormwater
pond.
E. Outlot with underlying roadway, trail, drainage and utilities easement
for Livingston Avenue extension at 50' width to west property line.
F. Naming of plat.
2. Legal documents required:
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A. Title opinion addressed to the City. All owners, mortgage holders or
others with property interest indicated therein shall sign the plat and a11
other documents affected by such interest.
B. The applicant to provide certified copies of all recorded easements
cunently affecting the property. �
C. All other legal documents required for platting in accordance with
Minnesota Statutes 515.
3. Signed and executed drainage and utility easements.
4. Signed and executed developer's agreement and letter of credit for required site
improvements and construction of roads and driveway.
5. Signed and executed declaration of private road/driveway agreement and
drainage facilities maintenance covenants. Covenants shall also specify the
relationship of ownership.
6. Signed and executed flowage and conservation easements.
7. Declaration of restrictive covenants for aesthetic and operational constraints for
the development, including removal of additional trees or woods, prohibiting
outdoor and recreational vehicles, accessory structures, use of shared commons,
and limiting the number and size of vehicles parked in the driveways on an
ongoing basis.
8. Signed and executed covenants for open space for Outlots A and B.
9. Signed and executed copy of the Homeowner's Association agreement.
10. Fees to be paid: Total due: $72.626.00
A. Final plat fee = $200.00
B. Legal review and filing fees for subdivision and associated documents =
$200.00
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C. Park dedication fee = 8% of $238,000.00 = $19,064.00
� D. Sewer and water charges:
Sewer: $51,377
Water: 1,785
Total $53,162
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 22nd day of February, 1999.
ATTEST:
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Lind S. Vee, City Cl r Gabriel abbour, Mayor ;
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A icant �r
P perty Owners
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
February, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) '
On this�day of � � 199 i' before me a Notary Public within and
for said county, personally appea d a1;��.,,�, (-;'IQ�se,, �s st. ��,c�-►�rr•. ,�f[�r,,,..iC���rl� �P�f.�,�dC-'
known to me to be the person(s) described in and who executed the.foregoing instrument,and
acknowledged that he (they) executed the_$ame as his (their)free act and deed.
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COUNTY OF HENNEPIN )
On this�h day of Ll.,,a�,st , 1999 before me a Notary Public within and
- for said county, personally appeared .`JhP���',(�h:r-Ff�r.,��f�„k,� l�Nfore ,l..��.
known to me to be the person(s) described in and who exe euc d the foregoing instrument, and
acknowled�ed that he (they) executed the same as his (their) free act and deed.
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STATE OF 1�ZINNESOTA ) } �
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COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within and
for said county, personally appeazed
known to me to be the person(s) described in and who executed the foregoing instrument. and
acknowled�ed that he (they) executed the same as his (their)free act and deed.
Notary Public
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