HomeMy WebLinkAbout#6774-Prelim plat/rezoning-2017 ���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� � NO.
6774
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A RESOLUTION GRANTING
PRELIMINARY PLAT AND REZONING
APPROVAL
FOR PROPERTY LOCATED AT
800 NORTH ARM ROAD
FILE N0. 16-3883
WHEREAS, Kevin Anderson, an individual (hereinafter the "Developer") is the
agent for James Franzel, an individual, the owner of the property at 800 North Arm Drive
(hereinafter the "Owner") within the City of Orono (hereinafter the "City") and legally described
as follows:
Lot 9,Auditors Subdivision No.362 and Outlot 1, Pirates Cove
Hennepin County,Minnesota
(hereinafter the "Property"); and
WHEREAS, the Developer has requested Preliminary Plat Approval for
subdivision of the Property for construction into 3 single family lots; and
WHEREAS, on June 13, 2017 the Developer completed their application
originally filed on October 19, 2016 for preliminary plat approval for the proposed 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 April 17, 2017, 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 April 17, 2017 recommended on a vote
of 6-0 that the Council approve the preliminary plat subject to a number of conditions and
recommendations; and
WHEREAS, the City Council hereby makes the following findings in regard to
this application for Preliminary Plat approval:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6774
NO.
FINDINGS
l. The Property is located within the Metropolitan Urban Service Area(MUSA) and
is intended to be developed using municipal sewer and water. Municipal sewer will
serve the property.
2. The property contains approximately 4.02 gross acres.
3. Conservation Design. Pursuant to the City's Conservation Design ordinances the
Developer has submitted a Conservation Development report prepared by ISG
dated January 3, 2017. 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.
4. Wetlands on Site and/or Impacted. The property contains a small wetland
generally along the shoreline, primarily in Lot 1. This wetland is not proposed to
be impacted. The reported MCWD base buffer width requirement is reported as 25
feet.
The City code requires a minimum structure setback of 10' from the wetland buffer.
The City will require a Conservation and Flowage Easement over the wetlands
being preserved.
5. Streets. All 3 lots will be served by a new private cul de sac to be platted as an
Outlot and be constructed by the developer to City standards. A113 lots will have
driveways accessing the new road system.
6. 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. A new easement is proposed to provide for
vehicular access to the existing lift station serving the Project.
7. 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. Park dedication will be $11,100.00
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RESOLUTION OF THE CITY COUNCIL
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8. Stormwater and Drainage Improvements & Fees. The property will be subject
to the Stormwater and Drainage Trunk(SW&DT) Fee. The Trunk Fee established
in the 2016 Fee Schedule for 1-acre zoning districts is$5,250 per acre for each new
lot being created, with a fee cap of 1.0 acre per new lot. Per Section 14-284, if the
existing residence is intended to remain (on Lot 3), only Lots 1 and 2 would be
subject to the SW&DT Fee. The total SW&DT Fee will be $10,500, based on the
2017 fee schedule.
9. Utility Locations/Availability/Assessments/Connection Fees.The property was
assessed for 2 sewer units and 280 feet of frontage as part of the 1973 sewer
project. For the proposed subdivision, no additional footage charge would be
required, but a third sewer unit at the 2417 Connection Charge rate of$5,100
would be due upon final plat approval.
10. The applicant has provided a Certificate of Survey and Preliminary Plat attached to
this Resolution as Exhibit B. Council finds that the plans submitted are generally
sufficient to indicate the intent of the developer and the potential impacts of the
project.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orono hereby approves the Preliminary Plat for development of the property at 800 North Arm
Drive subject to the following declarations and conditions:
A. Project Specific Conditions
1) The width of Lot 1 may be 100 feet at the OHWL,rather than the required 140 feet.
2) Work with Public Works Department to identify, stake and show on survey an
appropriate corridor through the property for sewer maintenance vehicle access.
3) House on Lot 3, if rebuilt, must completely meet 75' lake setback.
4) Average setback for each of the lots will be per the conceptual building pads shown
on preliminary plat. However, once those initial homes are constructed, any future
rebuild on any of those lots must meet the average setback established per the
standard method based on then-existing adjacent lakeshore homes.
B. General conditions imposed on preliminary plats shall apply, and are as follow:
1) 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.
CITY OF ORONO
RESOLUTION OF�I�Ci,T^COUNCIL
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2) Applicant to confirm with SHPO that that there are no archaeological sites within the
property.
3) 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.
4) 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.
5) 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.
6) 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 measures such as fencing,
signage, etc. to ensure they are not disturbed.
7) 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.
8) 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.
9)This Approval shall be effective until June 26, 2018 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.
C. 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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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 during construction.
General Development Plan Approval will not be granted until the Minnehaha Creek
Watershed District has approved the stormwater plans.
4) Any additional plans and specifications deemed necessary by the City as review
progresses.
D. Platting Process.Applicant shall complete all requirements for Final Plat Approval as
follows. The following list of final submittals must be submitted to the City
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 May 15, 2017attached hereto as Exhibit B,
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.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. � 7 7 �
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
E. 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.
F. 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 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.
G. Fees. The following fees are due at the time of Final Plat approval.
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 fee,
based on the 2017 fee schedule, is 10,500.00.
Park Dedication The City Code requires dedication of 8% of the land as public
park, ar payment of the equivalent value in cash. The City Council has determined
there is no need for dedication of land from the proposed development. Therefore
the park dedication due at the time of Final Plat is $11,100.
Sewer Connection Charges. Based on 2017 fee schedule, the fees are $5,100.
Adopted by the Orono City Council on this_26th day of ,June , 2017.
ATTEST:
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Anna Carlson, Ciky Cle�k Dennis Walsh, Mayor