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10-10-2016 Council Packet
Agenda for Council Meeting Set for Monday, October 10, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Meeting of September 26, 2016* 3. Council Work Session of September 26, 2016* Presentation Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works/City Engineer Report 4. Lift Station 28 Pump Replacement 5. Lift Station #2 Backup Generator Award Planning Department Report — Planning Commission Representative — Jon Schwingler 6. 14-3695 — William Toles — 1095 Ferndale Road West — Renewal of Resolution No. 6463 7. 16-3859 — Robert Gumnit & Frances Graham - 1100 Old Crystal Bay Road S - CUP 8. 16-3864 — Peter Eskuche o/b/o Graham Merry — 500 Willow Dr S — CUP & Variance 9. 15-3763/16-3860 — Christopher & Gail Bollis/ Christopher & Rachel Bollis — 200-350 Stubbs Bay Road North — Final Plat Review 10. 15-3774/16-3867 — Michael Steadman o/b/o Irwin L. Jacobs and Alexandra Jacobs - 1700 Shoreline Drive- Final Plat Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, October 10, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 11. 16-3855 — Eric & Andrea Larson— 690 Brown Road North — Scott & Jeanne Mabusth - 740 Brown Road North — Sketch Plan Review 12. 16-3865 —City of Orono Text Amendment Related to Appeals and Appeal Timeliness Mayor/Council Report City Administrator's Report 13. Agenda Topics or Requests 14. Appointment of Accountant 15. Claims/Bills * City Attorney's Report Adjournment Upcoming Events 2016 10-17-16 — Planning Commission Meeting, Monday 6:30 p.m. (Council Liaison — Jim Cornick Jr) 10-24-16 — Council Work Session, Monday, 5:00 p.m. 10-24-16 — City Council Meeting, 7:00 p.m. 10-25-16 — LWV Candidate Forum 7:00 p.m. 11-07-16 — Park Commission Meeting, Monday 6:30 p.m. 11-08-16 — General Election Polls Open 7 a.m. — 8 p.m. 11-11-16 — City Offices Closed in Observance of Veterans Day 11-14-16 — City Council Meeting, 7:00 p.m. 11-21-16 — Planning Commission Meeting, Monday 6:30 p.m. (Council Liaison — Lizz Levang) 11-28-16 — City Council Meeting, 7:00 p.m. 12-12-16 — Truth in Taxation 6:30 p.m. 12-12-16 — City Council Meeting, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 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 Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 6 and 10 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Walsh moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. CITY COUNCIL MEETING OF SEPTEMBER 12, 2016 Council Member Walsh noted the video for Item No. 17 was lost for the last Council meeting, which was regarding the home occupation license application. Walsh stated the meetings should be videotaped since the minutes do not completely reflect the entire discussion and it allows someone to go back and watch the video to get the entire context of the meeting. Walsh stated toward the end of the discussion on that item, a motion was made by him to deny the home occupation permit. Mayor McMillan then asked whether that was just for 2017 and whether Staff should deal with the rest of the events in 2016. Walsh noted his denial motion was for the rest of 2016 and 2017, which was subsequently passed. Walsh stated he would like the minutes to reflect that part of the discussion. Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of September 12, 2016, as amended. VOTE: Ayes 5, Nays 0. PRESENTATIONS 3. CSAH 112 PHASE 2 DESIGN AND TRAIL EXTENSION Christine Morter, Hennepin County Transportation, stated she is managing the Highway 112 project. Morter reported they are working on finalizing plans for Phase 1 of the Highway 112 project, with bids being opened in December and construction expected to start next spring. Page 1 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 3. CSAH 112 PHASE 2 DESIGN AND TRAIL EXTENSION (continued) Work has also begun on the plans for Phase 2, which should be completed early next year, with construction expected to begin in the spring of 2017. Construction on Phase 3, which is the section west of Willow Drive, is planned to start in 2019. Nate Will, SRF, stated Phase II of the project will begin around Wolf Point Trail and proceeds east to Wayzata Boulevard. Will illustrated on the map how the trail section will be extended on the north side of the road up to Long Lake Road. The trail is currently planned to go up to Old Long Lake Road and will terminate and turn into a shared use road/trail on Old Long Lake Road. Based on some recent public discussions with the PAC committee, there was some desire expressed to extend the trail from Old Long Lake Road along the east/north side of Wayzata Boulevard and provide a connection at the Luce Line Trail. Will noted during the preliminary design, some of these options were looked at in 2012 to provide a connection to the Luce Line along Highway 112. Will displayed a cross-section of the roadway and noted the trail would be on the east side of the road. The color red on the map is what is being proposed for a current roadway design without the trail. The blue line depicts the trail being added. Curb and gutter would also be added with this design. The impacts would be approximately 15 to 20 feet of additional work that could be done under the County's current turnback project. The cost summary to extend the trail from Old Long Lake Road to the Luce Line is approximately $220,000, of which the County would be sharing $110,000. That cost includes paving the trail, bituminous and aggregate. The other portion would be paid for under the tumback project. One of the cost estimates included in the packet is the projected cost of the work if it were to be done separately from the highway project. Will noted if that should occur, the cost would be $450,000, which also does not take into account inflation costs. Walsh asked what doubles the cost. Will indicated the County would construct only what is in red, which would be a rural roadway. The extra cost would be associated with the curb and gutter, replacement of the necessary storm sewer infrastructure, removal of the existing shoulder and put it back, and then pave the trail and restore the right-of-way. Will stated they are here tonight on behalf of Hennepin County to present this concept and to get the thoughts of the City Council. Will stated they would perhaps look for Council action in October either for or against the project so planning can proceed forward. McMillan commented she understands Hennepin County's desire to move forward on the engineering if the Council is in favor of doing this project. McMillan stated this Council has discussed looking into the costs of doing that portion of the project and that now is a good time to combine the two projects if it is to be done. Walsh asked if the new trail is within the existing right-of-way or whether any new easements would be required. Page 2 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 3. CSAH 112 PHASE 2 DESIGN AND TRAIL EXTENSION (continued) Will indicated the majority of the trail will be located within the existing right-of-way and that there will be construction easements obtained in conjunction with this project. There is a little section of right-of- way that will be required across two properties. Will noted the Luce Line is DNR and Three Rivers property. Walsh asked how wide the trail would be. Will stated it is anticipated to be 8 feet wide and would follow what is being done in Phase 1, with a 7 - foot wide grass boulevard to provide some separation between the curb and traffic. There is also room for some signage and snow storage. The trail would be bituminous and it would basically connect in with the Luce Line. Steps would also be taken to attempt to minimize the number of trees that would be impacted. Will noted no final engineering has been done to date and the alignment might change slightly. Walsh asked if Hennepin County would maintain the trail since it is in their right-of-way. Morter indicated the trail would be maintained by the City through their agreements. Council Member Levang asked whether the trail is included in the Master Trail Plan. Public Works Director/City Engineer Edwards stated he does not know the answer to that at this time but that he will look into it. Walsh commented he would like to know what the thoughts are from the neighbor who would be asked to have a trail in front of their properties. City Administrator Loftus stated they have not been contacted but that there is an open house planned for October 27. Loftus stated this concept could be presented that evening if the Council would like. Council Member Levang commented the open house would be a good opportunity for the City to get the feedback of the residents before the Council makes a decision and that she would like to ensure the residents are well notified prior to the open house that this is being considered. Walsh stated the City should make sure the two property owners are spoken to prior to the open house. Edwards stated the existing trail plan has a shared use trail going down Old Long Lake Road and the new proposal would shift it along Wayzata Boulevard. McMillan asked whether anyone would like to provide public comment on this item. Rick Meyers, Park Commission Chair, stated as a general principle, the Park Commission likes to see connections to the trails, but that his question is how it would be funded. Meyers stated they could have the residents come to a Park Commission meeting to discuss it as well. Meyers stated the Park Commission also looks favorably upon any plans where the City shares in the costs with other parties. Levang asked when the next Park Commission meeting will be. Page 3 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 3. CSAH 112 PHASE 2 DESIGN AND TRAIL EXTENSION (continued) Meyers indicated it would be in November and that there is a work session in October. McMillan commented the next official Park Commission meeting would be a good time to have the Commission review the proposal. Levang stated in her view it would be important to have the Park Commission weigh in on this issue. There were no further public comments. McMillan noted the first November Council meeting would be November 14. Morter stated there is some flexibility in the schedule and that they could wait until November 14. The City Council took no formal action on this item. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 Finance Director Olson noted the Council has discussed the preliminary budget as part of the last three Council work sessions. The preliminary budget and tax levy was presented to the public at the September 12 Council meeting. As required by state law, the 2017 preliminary tax levy is required to be certified to Hennepin County by September 30. In order to meet this deadline, the preliminary budget and tax levy needs to be adopted at tonight's meeting or else a special meeting will need to be called before September 30. Olson noted following adoption of the preliminary levy, it can only be decreased until the time the final levy is adopted in December and that public comment will also be allowed at that time. The 2017 General Fund revenue budget is projected to increase 3.8 percent, which does include an increase in property taxes of $180,744 or 4.5 percent. Olson noted the City's tax levy has not increased significantly in the past few years. The biggest reason for the levy increase in 2017 has to do with contract and step wage increases as well as an increase in public safety charges of $61,000. Olson noted the Mound police contract has an inflator of 2.5 percent. Olson reported the expenditure budget will increase $279,294, which is a 3.62 percent increase. Olson stated the City's expenditure budget consists largely of wages and contracted services, with 64 percent of the budget being personnel services followed by professional services. Olson commented Orono budgets very conservatively and does not have a lot of discretionary items in the budget. Olson noted supplies and maintenance is only 8 percent of the budget and that the other expenses category includes electricity and gas and other similar items. Olson stated wages and benefits for next year's budget have a lot to do with the increase. Non-union step increases equal $18,000. Olson noted non-union wages has a two percent COLA increase, which adds $32,000 to the budget, and union step/longevity increases amount to $45,000. Olson noted the City had more senior police officers that have retired and that they were replaced with younger officers, which has resulted in the increased step increases. Page 4 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) In addition, workers comp for the police department adds $36,000. Olson noted the City's rating went from .75 to 1.0 and that the City did have a couple of very expensive workers comp claims, which resulted in an increase to the workers compensation premium. Other increases in the General Fund include software licensing at $8,000, cloud backup at $6,000, LOGIS application at $8,000, Comprehensive Plan updates and mapping at $18,700, professional services for the Navarre Plan at $30,000, for a total amount of $60,700. Olson stated also included in the tax levy is the debt service levy, which is staying the same in 2017. The pavement management levy is being increased to $401,506. The total of all proposed levies is $5,353,730. Olson noted there was some discussion at the August work session to leave the pavement management levy at its current level and to sell bonds. Olson stated a decision about whether to bond or not bond will need to be made tonight. Olson noted Council Member Printup sent him an email earlier today asking him what would happen if the pavement management levy disappeared. Olson stated basically the entire increase from last year's tax levy and this year's tax levy is $400,000 and that an argument could be made that every penny of the tax levy increase for the last two years has gone straight to road projects. Olson stated since 2011, Orono has been well below the average statewide number for property tax increases. Olson noted on an average tax bill in other cities, 28 percent goes to the school district, 28 percent goes to the city, 28 percent goes to the County, and 12 percent goes to the State of Minnesota for commercial/industrial property. In Orono, 46 percent of the tax bill goes to the County, 30 percent goes to the school district, and the City receives approximately 15 percent of the average tax bill. On average other cities have increased their taxes by 9.44 percent more than the City of Orono, which would equate to $475,000. Olson noted since 2010, Orono's levy has increased 6.18 percent, which is lower than a number of other local cities, and that the City of Medina increased their taxes by 36 percent since 2010. Olson stated overall Orono has done a very good job at controlling the tax rate but that the City Council will need to decide how to fund some necessary road improvements. Olson stated if there is no change in property values and with a tax levy increase at 8.06 percent, which would increase the pavement management levy to $401,000. On a $250,000 home, that would result in a savings of $10.82. On a $500,000 home, that would result in a savings of $23.00, on a million dollar home the property owner would save $51.75, and on a $2 million home the property owner would save $109.00. If a 5.19 percent increase is assumed on property valuations, taxes on a $250,000 home would increase by $12.00 per year and on a $2 million property the taxes would go up by $101.50. Olson noted those increases or savings only reflect the City's portion of the tax levy. Olson indicated he can answer any questions the Council may have. McMillan noted there are no assumptions being made for refunding in either of the resolutions adopting the preliminary budget and levy. Page 5 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) Olson indicated that is correct. Olson stated what will happen is before the City can actually refund, the City has to go out to the market and there has to be a certain percentage of savings prior to any refund. Mayor McMillan asked if there are any public comments regarding this item. Rich Anderson, 3205 Crystal Bay Road, stated what Ron Olson just showed should be included in the City's newsletter where it talks about the City of Orono's share of taxes and where it comes from. Anderson stated if those parameters are laid out as to how Orono gets paid, that would be very helpful to the residents and that he would suggest it be included in the City's newsletter. There were no further public comments. Council Member Printup thanked Ron Olson for pointing out that 100 percent or close to it was dedicated to the streets over two years. Walsh stated the City Council has an obligation to make sure the City has a road funding mechanism going forward and that the City got a good start on it last year by putting $188,000 in the pavement management fund. Walsh commented it would be prudent to keep doing that. Walsh stated one of the City's biggest obligations is to make sure there are police and fire protection as well as adequate infrastructure. Walsh indicated he would support the $5,353,000 levy. Council Member Cornick stated he is in agreement with Council Member Walsh and the numbers outlined in the presentation. Levang stated she is more interested in the 5.19 percent levy and that the City Council should be entertaining a $1 million bond to make sure the roads are addressed. Levang noted if the City goes with a 5.19 levy, the tax rate would decrease. Levang stated the opportunity to benefit from a tax rate increase does not come along very often and that the City has a way to fund a considerable number of road projects as well as lower the tax rate. Levang indicated she is not interested in the 8.06 percent levy. McMillan stated the City will be going out to the bond market to refund for $2.8 million and that adding $1 million to it would be timely to capture the low rates. McMillan stated having a little bit bigger bonding issue makes the City more attractive to investors in terms of the bond rate and it will give the City a chance in the next year or two to complete a number of mill and overlay projects. McMillan stated if the City was not going out to the bond market, she would be hesitant to do that, but that they would be able to get more roads done with the additional bonding. McMillan stated in her view it is prudent investing and that she is in favor of the 5.19 percent. McMillan stated if the Council is not comfortable with the 5 percent, they could reduce it lower depending on the interest rate the City receives. McMillan stated in her view an 8 percent increase is a lot and that the City has not been above 5 or 6 percent in a long time and it also sets a new rate. Walsh commented this is a stark contrast between him and the Mayor and that bonding is for exceptional projects rather than for items that should be included in the budget. Page 6 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) Walsh stated it also ties the hands of future councils for 10 to 15 years. In addition, the City would be adding another $120,000 of debt in every one of those years and then the next year the City will not have any money to maintain the roads. Walsh stated at the end of the day, if the City just bonds for it, the City will have no money the following year and they will have tied the Council's hands for the next 10 to 15 years. Walsh noted the City has spent a lot of money over the past 5 to 10 years, such as spending an extra half a million dollars on the police department project and purchasing an island. Walsh stated the City's budget needs to be prudent and sustainable and that borrowing for typical standard things the City should do is not prudent. Levang noted one of the things that could happen with a higher tax increase is that it will tend to keep going up in the future and that the City has an opportunity to decrease the tax rate rather than compounding year after year. Levang stated the City has not been able to pay for road projects and that a number of projects have been delayed. Levang stated with bonding for a million, the City will be able to tackle more of the roads, which makes the citizens happy. Levang stated improving roads is expensive and that she wants to see more roads improved. McMillan noted the City has used more than $400,000 in budget surpluses to repair roads over the past couple of years and that the City cannot bank on the fact that there will be surpluses going into the future. McMillan stated in her view the bonding will allow the City to complete more road projects, and that if the City does an 8 percent levy, they will get an additional $230,000, which will only repair Fox Street, but that there will be no additional money to do any mill or overlay projects or preventative work on the other roads. McMillan stated the City needs to reconstruct roads and maintain roads and that in her view the $1 million bond will give the City a chance to get a good start on those. McMillan stated in future years can use the Pavement Management Fund. Walsh stated the comment by the Mayor that the City cannot bank on the fact that there will be surpluses is right, but that is what the mayor has done over the past few years. Walsh stated if the City increases the pavement management fund to $400,000, then the next year the City will have $400,000 as well as the year after that. Walsh stated if the City bonds, they will have to come up with additional money to fund the debt on the bond and that it is not as simple as getting a million dollars. Walsh commented it is the City's obligation to fund the police department, the fire department, its infrastructure, and to have a sustainable budget. Walsh stated he will make sure that is done under his watch. Levang noted it takes a majority vote and that Council Member Walsh should not take sole credit for something that everyone voted on. Walsh commented that practice started the year he came on the Council. Page 7 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) Printup asked what the dollar amount difference would be between the 8 percent and the 5 percent. Olson stated $218,000 would not go to the pavement management plan and that the difference would be approximately $107,000. Printup commented whether the levy goes up 8 percent or 5 percent, the difference would be approximately $100,000. Olson indicated that is correct. Walsh noted the City cannot increase the levy after the resolution is adopted. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6676, a Resolution to Adopt the Preliminary 2017 General Fund Budget and to adopt RESOLUTION NO. 6675A, a Resolution Adopting the Preliminary 2016 Tax Levy Collectible in 2017 in the amount of $5,353,000. McMillan noted if the bonding goes well, the debt service would likely be less than $100,000. Levang asked if the motion includes the 8 percent levy. Walsh stated that is correct. VOTE: Ayes 3, Nays 2, McMillan and Levang Opposed. PUBLIC COMMENTS Margaret Radke, 3424 Eastlake Street, Orono, stated she is a first-time candidate to the Orono City Council and that her motivation is as a result of a civic commitment. Radke stated her issue is with the Orono Watch for You newsletter that has come out a number of times over the last 18 months with the byline of illuminating local government. Radke stated the most recent edition, Volume No. 7, clearly campaigns for Denny Walsh but that there is no disclaimer. On the back side of the newsletter, Radke indicated she is listed at the bottom and the information on her is inaccurate. The information listed is for another candidate with their e-mail address and their telephone number. Radke stated that means that anyone trying to reach her would not be able to but would instead reach Candidate Brad Maenner. Radke stated this is a serious egregious error and damages her attempts to run for the City Council. Radke stated the violation is an act of ill-considered negligence and possibly a deliberate attempt to corrupt the campaign process. Radke stated in her view the gravity of this violation is most severe since it is sent to all voters and there are only six weeks left until the election. In addition, it misleads as well as creates an unfair campaign advantage by directing them to an opponent, one of which supports Denny Walsh. Page 8 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Radke stated she also believes in open discussion that is done in a respectful and professional manner and that this is the type of conduct that she would expect out of the City Council and it is reflective of what Orono residents would prefer. Radke stated the newsletter is exactly the opposite since it is one-sided, slanderous and degrading. Radke noted the newsletter always supports the position of two City Council members, provides no contact person or physical address and only an anonymous Gmail address. Radke stated if anyone was as strong of an advocate for her as this newsletter is for Denny, she would think she would know who they are. Radke stated in the spirit of transparency, she would ask Council Member Walsh if he knows who is or may be involved with the newsletter. Radke indicated she is not going to send a letter to an anonymous, faceless email address. Walsh stated it is not his publication. Radke noted she asked if Council Member Walsh knows who is or might be involved. Walsh indicated he does not know exactly who is writing it. Walsh stated someone emailed hien and that he received the same anonymous email. Radke asked if he is stating for the record that he does not know or cannot figure out who it is. Walsh stated he receives them in the mailbox just like she does. Radke stated that was not her question. Radke stated she asked who is or may be involved with the newsletter. Walsh stated he does not know who is writing the newsletter. Radke stated she would then ask the City Attorney what her options are and what can be done to help reveal who is behind the newsletter. Mattick noted he represents the City Council as a whole and not Ms. Radke as an individual. Mattick stated he works at the direction of the City Council. Mattick stated in terms of what the options are, if a resident feels a campaign violation has occurred, they can contact the secretary of state. Radke indicated she will be doing that. Mattick stated there is nothing in his capacity as City Attorney that he can do to help her. Radke asked if the City can subpoena someone to help determine who is behind this. Mattick stated to his knowledge they cannot issue a subpoena regarding this, and that if there is a state law or city code that has been violated, the police department could perhaps look into it. Mattick stated in terms of the City Council itself, they do not have subpoena power in this case. Radke indicated she will be taking action to take it to the secretary of state. Levang recused herself from the dais. Page 9 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Lizz Levang, 4010 Bayside Road, Orono, stated like Margaret Radke, she finds the fliers sent to the residents of Orono and surrounding communities to be disrespectful and divisive, which she has stated in the past. Levang stated as an elected official, she accepts that her votes will be scrutinized and even challenged. Levang stated this publication goes far beyond the bounds of decency and instead discredits citizens, city staff, volunteers and neighbors with its criticism. Orono citizens and its neighbors do not deserve to find this propaganda in their mailboxes and for fellow citizens to be treated with such an egregious level of irresponsibility and carelessness. Levang stated the newsletters contain sensationalized headlines and stories steeped in falsehoods. Levang indicated she has filed a complaint with the Secretary of State, Office of Administrative Hearing. Levang stated while she would like to address the many false allegations in the fliers, there is not enough time tonight. Levang stated what she would like to do is raise the issue about transparency and the allegation that she and Mayor McMillan voted against videotaping the Planning Commission out of an unwillingness to be transparent. Levang stated nothing could be further from the truth. Levang stated she voted against this proposal for several reasons. Levang stated the first reason is that there are essential differences in the roles of the Planning Commission and the City Council. Planning Commissioners are unpaid volunteers, appointed by the City Council and serve as advisors to the City Council. The votes they make are advisory only. Every application processed by the Planning Commission comes to the City Council for continued study and ultimately a final vote. On the other hand, City Council members are elected officials and are elected based on citizen votes. City Council members are also paid. Every application the City Council processes comes with a recommendation by the Planning Commission, which are either upheld by the City Council or denied. Levang stated she also takes offense at the ungrateful attitude these fliers have shown to Orono's Planning Commissioners who work tirelessly as volunteers for the City. Levang stated it is not unusual for their meetings to run past midnight. Levang stated it is important to note that on two occasions Planning Commissioners have said that they do not want videotaping. The first occasion was on February 3 and then again on May 16 where the commissioners said no to videotaping. Levang questioned whether she is to disrespect the Planning Commissioners. Levang stated as all Planning Commission recommendations are reviewed and voted on by the Council, it would be a redundant process. More importantly, the vast majority of applications before the Planning Commission are residential in nature and not commercial. Levang stated this is an important distinction. By videotaping, it would be putting Orono citizens on display as well as their lifestyle choices, such as how many bathrooms they have, where their bedroom is, and further providing details of their life that is not the business of anyone with a computer. Levang stated people move to Orono for privacy and one appearance before cameras is enough. Levang noted for the record that every application before the Planning Commission is noticed in the newspaper of record, posted on the City website, sent out to those on the City's listserv, put on the bulletin board of the post office of record and posted at city hall. Applications are also placed on the City's website in advance of the Planning Commission meeting. Page 10 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Citizens are welcome to come to city hall to review any and all applications prior to the Planning Commission meeting. Levang noted Planning Commission meetings are audiotaped and minutes are made of every Planning Commission meeting, and once the minutes are approved, they are put online. Levang stated that is transparency. Levang stated contrary to what the flier says, nothing is being hidden. Levang stated to accuse her and Mayor McMillan of a lack of transparency flies in the face of the facts and that the two of them were responsible for securing funding for the City's new camera equipment and software to better tape, live stream and archive the City Council meetings. In doing so, Orono now has live streaming of the City Council meetings, which is something few cities have. On demand viewing is significantly faster and more effective than it was in the past. Levang stated she and Mayor McMillan are responsible for the creation of a communications committee and the publication of three newsletters each year. New content has been added to the City's website because of those efforts. Levang indicated she also worked to institute an anonymous online complaint form for the residents. Levang stated the duplicity shown by those connected with the flier is not lost on the citizens of Orono. Levang commented those who put out this flyer scream that she and Mayor McMillan are not transparent, which is untrue. Levang noted she votes openly with no hidden agendas and no behind doors maneuvering. Levang stated she is an open book and that anyone can call, email or write her at any time. Levang indicated she is happy to discuss any issue. Levang questioned where the transparency is behind the individual or group of people behind the fliers and why they are afraid to be transparent. Levang stated if transparency is as critical of an issue as they try to make it, then why are they not willing to walk the talk and why are they attempting to hold her to a standard that is different than what they have for themselves. Don Germanson, 1501 Bayridge Road, stated it is easy to say that the national political scene is bizarre and unusual this year and that the Orono mayoral race is following the same track. Germanson indicated he has been approached by both mayoral campaigns asking to erect a yard sign in front of his house but that he delayed the decision to educate himself on the candidates. Germanson commented it took him about five minutes after seeing the flier in the mailbox before he called Mayor McMillan and told her that he will be voting for her. Germanson noted Mayor McMillan has put in 24 years with the City of Orono but that the flier lists only three credentials to her name while her opponent has nine things, which is unbelievable. Germanson noted that the flier also states that Mayor McMillan voted against having hardcover within the 5 -foot side setback. Germanson stated he has a personal history on that one where 25 years ago that rule saved them from having to look at a brick wall from their dining room. Germanson stated the City needs to have that type of rule. Germanson commented he will be voting for Lili McMillan, and that for all the people that seem to be teamed up with Lili's opponent, he will not be voting for them. Mayor McMillan recused herself from the dais. Page 11 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Lili McMillan, 1275 Lyman Avenue, indicated she has also filed a complaint regarding the recent Orono Watch for You with the MN Secretary of State. McMillan stated she is going to talk about Volume 6, which came out in July. McMillan stated that flier has a graphic on the front that people should see. McMillan stated in her 24 years of involvement with local government, she has never seen such a smear campaign as portrayed by the Orono Watch for You fliers which started last year. McMillan indicated many of her fellow mayors have said the same thing to her as the Orono Watch flier goes out to a broad area beyond Orono. McMillan stated in particular the photo in the July flier stands out for its graphic portrayal of some of the City Council members. McMillan stated her reaction when she sees an image like that is that it is demeaning and diminishes her work and the good work of her fellow council members. McMillan stated her other thought was that this could be an attempt to intimidate the three of them from filing for re- election a few weeks later. McMillan stated regardless of the intent, it should be called what it is, which is a blatant form of adult bullying. McMillan noted the public has heard from a few people tonight on how it reflects on the Orono community. McMillan commented the schools spend an enormous amount of time and energy focusing on character building and developing attitudes to prevent bullying in children and young adults. McMillan questioned what is conveyed to a child who comes home from school to see this graphic on their kitchen table. McMillan questioned how the schools can teach children not to bully when they see adults trying to bully other adults. McMillan questioned whether this undoes all the good work the schools try to do as well as potentially scare a child from ever wanting to serve his or her community when council members are portrayed in this manner. McMillan stated this is shameless behavior that should never happen in Orono. McMillan noted that every one of these seven fliers are slanted to support Council Members Printup and Walsh. McMillan requested that Council Members Printup and Walsh demand that the person or people behind this post a disclaimer. McMillan stated the fliers are expensive and that someone has spent tens of thousands of dollars to distribute them. McMillan stated the fliers are being forced upon the citizens and that she received a letter today from a citizen who was fed up with this coming in the mailbox. McMillan stated in her view the citizens of Orono deserve to know what is going on and who has something to gain by doing this. McMillan stated in addition to the misinformation, harassment, intimidation and bullying, this piece is the most nontransparent event to happen in Orono in the last six years. McMillan stated she hopes it stops. Ralph Kempf, 3675 Togo Road, stated he does not like politics and that he usually winds up with a knot in his stomach when he sees what is going on, particularly in national politics. Kempf stated he wanted to do something for the community and so for a number of years served on the Planning Commission as well as the chair. Kempf stated he recognizes that the Mayor and Council Member Levang were the ones that did make the meetings much more transparent by making them available to live streaming rather than someone having to wait for a particular time on a particular channel. Page 12 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Kempf stated they have been very instrumental in the transparency that is going on with the City and that to portray them as exactly the opposite is totally beyond him. Kempf stated the other thing he would like to say is that he was a volunteer and was never paid when he served as a member of the Planning Commission. Kempf stated he recognizes how difficult it is to ask somebody to serve as a planning commissioner since it is a very hard job. Kempf commented it is not as hard as the City Council but that it is a total volunteer job. Kempf stated he is not sure how many of the people that served with him would have served if they were on television. Kempf noted the current Planning Commission has some history and strength but that most of these people are new to the government process and that it is hard to sit in front of contentious citizens and tell them that they cannot do what they want to do but that being on television would make it that much harder. Kempf stated when the City first started televising the Council meetings, one of the things he was concerned about was that there will be a whole bunch of advertising by someone for their campaign because there is an audience. Kempf stated he would encourage the Council to keep that to a minimum since it is not pleasing to watch campaigning from the dais. Kempf noted he did not see this last newsletter, but that it is obvious that the budget for it is well beyond anything that has ever been spent on Orono politics before. Kempf commented he cannot imagine the tens of thousands of dollars that are being spent on this election and that it brings the worst of what is in the national political scene today to Orono. Kempf commented he is terribly disappointed and that he wishes it had not come down from the national level to their hometown. Loren Schoenzeit, 4484 Forest Lake Landing, stated whether the City is spending $200,000 on roads or a million dollars on bonding, he has not really seen any bottom-up costs. Schoenzeit stated whether the goal of the City is to hit every road every 20 years or 25 years, they certainly need to budget a certain percent every year so as to not lose ground. Schoenzeit stated it is not clear if the City is making progress and that he would encourage some bottom-up finance discussions so the Council can figure out what the right number is in order to gain ground and meet a target level. PUBLIC WORKS/CITY ENGINEER REPORT 5. FERNDALE ROAD WEST DRAINAGE STUDY Edwards noted a couple of months ago the Public Works Department was approached by the residents along Shoreline Drive and West Ferndale Road with concerns about increasing water levels in the wetlands that abut and are on their properties. The Public Works Department discovered some maintenance issues that were dealt with but the residents still have concerns about the amount of water that is in the wetlands and the elevation of that water. The Council should consider the following: Changing the elevation or capacity of this culvert would require multi -agency approvals, such as the Army Corps of Engineers and the Minnehaha Creek Watershed District. Page 13 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 5. FERNDALE ROAD WEST DRAINAGE STUDY (continued) 2. The water level difference on each end of the culvert was 2.25 inches when measured on August 24, 2016. 3. The culvert is in good condition and appears to be functioning as designed. Edwards stated the purpose of this item is to gain the Council's decision on whether to pursue a drainage study to determine the feasibility of lowering a culvert in the vicinity of Ferndale Road West. The cost of the study is not to exceed $7,000 and the cost for replacing the culvert would be $5,000 to $10,000. The project has not been budgeted for this year but the study and project could be funded from the Storm Water Fund. Staff recommends the City undertake the drainage study but with the understanding that it may show that benefits from alteration to the culvert do not outweigh the costs. The study itself will have value in that the City will gain a better understanding of the subject drainage area. Walsh commented having more information may be better in the long run. Walsh asked how the lowering of the culvert will alter the water height. Edwards noted this is the final culvert in the system and that currently the water only flows through this culvert if it exceeds the inlet elevation. The culvert will only lower the water to its lowest point. Walsh asked if the pond is the problem. Edwards stated that is correct. Edwards pointed out the culvert that goes underneath Ferndale Road is partially submerged and that has been replaced since the road was failing above it. Edwards noted they did not change the elevation of the culvert. Walsh asked if the study is really to find out if lowering the culvert will accomplish anything. Edwards stated the two things to consider with the study are lowering of the culvert or increasing the size of the culvert for those high water events to help move the water through the area quicker. Edwards stated it is a possibility that the City will spend the money on the study and find out that there is nothing that can be done Walsh asked if the culvert is above the lake. Edwards stated the outlet is above lake level but that there is a 2.24 inch difference between the level of the water on either side of the culvert. Edwards stated if the culvert was lowered as much as it could be, they would have only gained 2.5 inches on the upstream side. Walsh commented in drier summers it would have more impact than in wetter summers. Edwards stated there is also the possibility that if the culvert is lowered and there is a really wet summer, the water could travel backwards. Page 14 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 5. FERNDALE ROAD WEST DRAINAGE STUDY (continued) Loftus asked if the 2 inch difference in the elevation of the culvert equate to a 2 inch lower water level in the pond. Edwards indicated it would. Loftus asked if the study would examine what practical effects lowering the culvert would have. Edwards stated it would and that it would also look at the capacity of the culverts upstream. Walsh asked what other agencies would need to be involved. Edwards indicated the City would have to apply for a permit from the Army Corps of Engineers and the Minnehaha Creek Watershed District but that it is possible the City would need to communicate with other agencies as well, such as the DNR. Printup noted the cost of the study is almost as much as the project itself and asked why that is. Edwards stated the cost of the study is related primarily to man hours and determining what exists for pipes, wetlands, and engineering time. Edwards stated to physically go in and lower the culvert is not an expensive proposition. Loftus asked if they could lower it by six inches or whether there are any limitations on lowering it. Edwards indicated it would be limited by the water elevation and that placing the culvert under the water level would not make any sense. Edwards stated the biggest limitations would likely be regulatory. Edwards stated one of the benefits from obtaining the study is that the City would have a better understanding of where the wetlands and infrastructure are for any work that is performed in this area later. Council Member Cornick asked if this is a seasonal problem, a constant problem, a rain problem or all of the above. Edwards stated it is a seasonal problem and that this is the eighth wettest summer on record. Edwards indicated there has been some maintenance upstream, and as those sections are cleaned out, the water comes down to this culvert at a faster pace. Edwards stated the problem happens to some extent every year. Levang moved, Printup seconded, to proceed with the drainage study for Ferndale Road West at a cost not to exceed $7,000. VOTE: Ayes 5, Nays 0. Page 15 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT Edwards reported on the following work performed by the Public Works Department: • Pothole patching has been completed on Bayview, Navarre Avenue, Olive Avenue, and Navarre Lane • Tree trimming was done at Wildhurst • Watertown Road Phase 2 restoration is underway • Hunter and Tamarack striped • Storm structure inspections have been started and the new software is being utilized as part of that project • Hydrant maintenance performed • Well construction underway • Force main cleaning has been done in the Webster Hills area • Removed swim buoys at Summit and Lydiard • New informational sign was installed at the Navarre playground • Removed old fence and prepared for new fence at Lurton Park • Was invited to participate in the Orono Homecoming Parade Levang asked whether there have been any issues with swim buoys being removed or moved. Edwards stated to his knowledge one buoy is missing as well as one anchor buoy. Levang commented the new information sign at Navarre Park is wonderful and contains a lot of interesting history. Edwards commended the Park Commission put the information on the sign together. M7i13rNCON11101011187040) 711 None PLANNING DEPARTMENT REPORT — LOREN SCHOENZEIT, REPRESENTATIVE *6. #16-3851 PETER BLUTH, 2413 CARMAN STREET — VARIANCE — RESOLUTION NO. 6677 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6677, a Resolution Approving Variances from Municipal Zoning Code Section 78-1437, for the property located at 2413 Carman Street, File No. 16-3851. VOTE: Ayes 5, Nays 0. 7. STREET NAME CHANGE REQUEST: FIRE STATION DRIVE TO RETTINGER DRIVE Barnhart stated the Long Lake Fire Department is requesting to change the name of the public road from Fire Station Drive to Rettinger Drive. Page 16 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 7. STREET NAME CHANGE REQUEST: FIRE STATION DRIVE TO RETTINGER DRIVE (continued) Fire Station Drive currently serves two lots; one being the fire station and the other being the vacant lot to the east, which is currently used for the community garden. No private lots will be impacted by the name change. Staff would also recommend the City Council direct Staff to draft a policy regarding naming of streets and parks in Orono. Printup commented he thinks it is a good idea and that Rettinger is a long-time family name in the area. Chief James Van Eyll stated he was asked last summer if the fire department could do something to honor some of the previous firefighters. This is one of the suggestions that came about as a result of that discussion. Van Eyll noted there is still a Rettinger with the Fire Department today and that it would be a great honor for the family. Walsh commented it is a great idea. Walsh asked how urgent it is to develop a policy regarding naming of streets and parks. Barnhart stated it is not urgent but it is something the City should probably have. Levang moved, Printup seconded, to approve the street name change from Fire Station Drive to Rettinger Drive and to direct Staff to prepare for Council approval a policy regarding naming of streets and parks in the Orono community. VOTE: Ayes 5, Nays 0. 8. SEX OFFENDER ISSUE Barnhart noted at the August 22, 2016, City Council meeting, Staff was directed to compile additional information from Police Chief Farniok regarding the sex offender registration program, including what the state does in administering the location of sex offenders, the notice requirements, and what the purpose is of the meetings associated with the location of sex offenders. Barnhart noted a copy of Chief Farniok's letter has been included in the Council packet. Staff is looking for Council direction at this point. Levang stated when this came up the last time, she requested a public hearing since in her view it is appropriate to hear from the residents. Levang indicated she does not have any issue with what has been presented to the Council but that she would like the public to be able to ask questions and for the police chief to be at the public hearing. Levang stated she does not know that anyone on the Council except with the exception of Council Member Cornick could really answer some of these questions. Levang commented it is mainly about transparency and for the residents to understand the issues. Walsh agreed a public hearing would be good. Walsh commented he was not aware of what the actual designations meant and that the more input they get, the better. Page 17 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 8. SEX OFFENDER ISSUE (continued) Police Chief Correy Farniok stated the majority of the sex offenders are either Level I or unassigned. Those who have a designation of unassigned have gone through the criminal system but did not serve time. Farniok noted it is the Department of Corrections that designates their risk level from one to three. Those that are unassigned have not gone through the state criminal system and do not rise to the level of one, two, or three. Farniok noted people who are designated Level 3 are more likely to reoffend. Walsh commented the more information, the better, and the more public comment, the better. McMillan commented the Chief's memo was very helpful and that perhaps it could be placed on the City's website. Printup stated his position has been clear all along and that the living arrangements of a sex offender are an important part of the Council's job to regulate in order to protect the residents. Printup stated the City could perhaps regulate the unassigned ones, which would help to ensure the residents that the City is protecting the community. Farniok noted that lower level risk information is confidential and that the police department cannot distribute that further except to the victim and witnesses to the incident. Farniok stated that would limit the City restricting those any further. Farniok noted some of the unassigned offenders may be under the age of 18, living with their parents, and are not likely to reoffend. Printup asked if the sample ordinances are not for Level 1. Mattick indicated they primarily concentrate on Level 3 offenders because of the likelihood to reoffend. Mattick stated the City can prohibit certain areas or require a certain distance from specific areas. Farniok stated the police department can impose sanctions on an unassigned person if it is felt there is a public safety risk. Walsh stated he did see that Level 3 is most likely to reoffend, a Level 2 is somewhat likely to reoffend, and that understanding those definitions is helpful. Walsh commented he was not aware there was an unassigned classification. Mattick stated the City Council can look at Level 2 since there is some likelihood they will reoffend. Farniok stated someone can be deemed a public safety risk based on their past practice and habits. Walsh stated the only way to stop someone from being within so many feet is to have some sort of policy. Printup stated he is fine with a public hearing if that is the consensus of the Council. Printup asked when a hearing could be held on it. Barnhart noted toward the end of the year is when the Council agendas tend to get fuller and that Staff can work with the city administrator to place it on the agenda as soon as possible. Page 18 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 8. SEX OFFENDER ISSUE (continued) Cornick stated he would stick with his previous comments. Cornick noted they have a top ten police department in the State of Minnesota here in Orono, and along with a sex registration program, in his view that is adequate to protect the residents. Cornick questioned how an ordinance would be enforced if one is established. Cornick stated the City would not receive information on someone who wants to rent a house. Cornick stated he would like to protect the kids and the residents but that that's what the police department is for. Printup stated rentals in Orono might be something to think about as part of the application to the City. Walsh asked how the ordinance would be enforced. City Attorney Mattick stated it could be made into a criminal penalty and that language could be included requiring someone to remain law-abiding. Mattick stated he would need to look at how the knowledge is acquired on a lower classification of sex offender and that restricting a Level III offender is a lot easier. Mayor McMillan asked if there is any public comment regarding this item. Rich Anderson, 3205 Crystal Bay Road, stated he has resided here for 38 years, and previous to that his grandfather used to live there and he would visit him. Anderson stated since living there, he has seen the ebb and flow of kids moving in and older folks passing away. Anderson indicated he knows all the residents that are on Crystal Bay Road and that he knows the people who walk by. Because of that, they gain a certain level of confidence in who they are and what they are doing. Anderson stated currently there are 10 to 15 kids that are under 10 years old that walk down the road. Anderson stated he would like to say kudos to whoever came up with this idea and that he has been thinking about this for a long, long time. Anderson stated this came home to roost when he heard about a 5 year-old girl was abducted and was eventually found dead. Anderson commented this is not a poo -poo thing but a real thing. Anderson stated one issue he has is with dock slip rentals. Anderson noted the City of Orono has a law against renting dock slips in Orono but yet he knows of at least six illegal renters that are renting dock slips. Anderson indicated two of those are on his street and that he has no idea who the person is that rents one of the dock slips. Anderson commented that could be happening on other streets as well. Anderson stated in his view there is a huge unknown factor there when these dock slips are rented to people they don't know and that the Police Chief wouldn't know if they are a Level I or II or III sex offender. Anderson stated that person could easily get to know the kids' schedules and the child could be abducted. Anderson stated in his view this is very positive and proactive step. McMillan noted someone can allow someone to use a dock slip without actually renting it, especially if they have more than one dock slip. Anderson stated the law reads that the dock slip must be used by the person who owns the property. Anderson noted the LMCD laws are totally different from the City's and that they cannot have a non- registered MN number. Page 19 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 8. SEX OFFENDER ISSUE (continued) Anderson stated the City could require a rental fee and a background check. McMillan commented the City will need to look into it. Printup moved, Levang seconded, to direct Staff to coordinate a public hearing at the earliest possible time on the sex offender living arrangement issue. VOTE: Ayes 5, Nays 0. 9. LEVEL II HOME OCCUPATION LICENSE: 4415 FOREST LAKE LANDING — RESOLUTION NO. 6678 Walsh stated on Page 1 of the resolution he wanted to make sure that the request for a Level II home occupation license for all requests in 2016 and 2017 will be denied. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6678, a Resolution Denying a Level II Home Occupation License for the Property at 4415 Forest Lake Landing. Barnhart stated since the City Council denied the Level Il home occupation license, the Lines are not allowed to do any recitals on their property and a letter has already been sent to them to that effect. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh reported he attended the Navarre Festival and that there were a lot of activities, vendors, and was overall a fun event. Walsh stated he had dinner the other day with Sheriff Rick Stanek and part of the discussion was whether the Fire Department could have permission to put the fire boat at the new Hennepin County dock. Walsh noted part of the approval was no overnight dockage. Sheriff Stanek said he does not think it would be a problem to have it there. Sheriff Stanek looked into it and indicated that he cannot bring it to the board until the City amends their ordinance. Walsh stated he would like to have that on the next City Council agenda. McMillan suggested Staff look into it and report back. Walsh commented it could be placed on the agenda and Staff could look at it in the meantime. Walsh noted it would not go into effect until next year. Walsh stated it is his understanding the fire department has been looking for a location for quite some time. Walsh moved, Printup seconded, to place this item on the next City Council agenda. McMillan stated she would like to avoid having motions made during the Mayor/Council Report and that she would like to give people a chance to think about the issue and the appropriate process to use. McMillan noted this issue does not need to be done in the immediate future and that delaying it would give people a chance to think about it. Page 20 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYORICOUNCIL REPORT (continued) Walsh stated placing it on the agenda would help keep it moving forward. McMillan stated she understands about getting the process going but that she is cognizant of the need for the City Administrator and Staff to have time to research some of this. McMillan stated she is fine with mentioning it during the Mayor/Council Report and directing staff to do something, but that she would like to avoid motions being made during the Mayor/Council Report. Walsh stated things get mentioned but then they get kicked down the can sometimes 12 months later. McMillan stated some of it is about building consensus on the City Council and that she did not get a phone call about it. Walsh stated he just found out about it today and that the Mayor can either vote aye or nay on the motion. McMillan stated she does not want to turn the mayor/council report into a bunch of motions. McMillan stated she would prefer he speak to Jessica about it and she can report back to the Council. McMillan stated she is asking Council Member Walsh to be more cognizant of Staff and the other council members about something that came out of the blue and wanting to make it a formal agenda item. Walsh stated he appreciates the Mayor's concern on that but that there have been a number of items that have not been put on the agenda. Walsh stated this is the only way it gets on the agenda. McMillan stated that is not necessarily true. McMillan noted Council Members Walsh and Printup are on the Fire Advisory Board and that she does mind him bringing it up and saying the Council should consider it but that forcing something to a vote is getting tedious. Walsh commented it seems like an obvious thing and that they can either vote aye or nay on it. McMillan stated it may be obvious to Council Member Walsh but that it may not be obvious to everyone else. McMillan stated she is asking for him to wait out of respect for the rest of the Council and that immediately bringing it to the Council for a vote does not show respect for the other council members who might want to think about it. Walsh stated that is how it gets on the agenda and that is how it gets talked about. Walsh commented he can provide examples of other items that were brought up and not placed on the agenda. McMillan stated that is not true. Cornick stated he would like to see some indication or documentation so there are no communication issues that Sheriff Stanek agrees with this. Walsh noted Police Chief Farniok is here and he can talk about it. Cornick stated he would like to see some documentation from Sheriff Stanek to avoid any communication issues or conditions that he might be proposing. Page 21 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYORICOUNCIL REPORT (continued) Printup indicated he is in agreement with both Council Member Cornick and Council Member Walsh. Printup stated the motion is intended to help direct Staff. Cornick commented it is putting the cart before the horse. Loftus stated the ordinance was approved with an application the Sheriff submitted to the City, and that in her view if the Sheriff wants that change, he should put the request in writing. Walsh stated what he is hearing is Fire Chief Van Eyll will talk to Sheriff Stanek and get some confirmation of the proposal and then it will be placed on the agenda. Loftus asked if the Fire Advisory Board should discuss it. McMillan stated the Fire Advisory Board should also be approached about it. McMillan stated to put it on the agenda for the next meeting is not fair to all the parties. Printup stated it is similar to the sex offender ordinance, which was dealt with at Staff's earliest convenience. Printup stated this is not that complicated and that it is directing Staff to compile the information. Printup commented it could be in two weeks or else he is open with the time frame. McMillan asked when the next Fire Advisory Board meeting is. Fire Chief Van Eyll stated there is not one scheduled currently but that typically there is one at the end of October, early November. McMillan suggested talking it over with the Fire Advisory Board first and obtaining some recommendations from them prior to this being put on the City Council agenda. McMillan requested Council Member Walsh be fair to everyone involved. Printup stated he is fine with it being on the October work session agenda but that he would like to see the discussion get started. McMillan commented the Council is a team and that everyone has issues they want to deal with right away. McMillan stated the individual council members need to show respect to everyone on the Council as well as Staff and not do what they want to do right away. McMillan stated the Council needs to communicate and talk to each other about what they would like to do, which does not mean that someone has to drop what they are doing in order to bring it back in two weeks. Walsh stated he appreciates that. McMillan noted the Council has spent a fair amount of time this year discussing issues raised by Council Members Printup and Walsh, and that out of fairness they need to step back a little bit and look at what works the best. Page 22 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYORICOUNCIL REPORT (continued) McMillan stating bringing it as a motion and putting it in front of somebody puts everybody on high alert and that she would like them to be more respectful and instead say that this is an idea I would like you to think about. McMillan stated that is a friendly and respectful approach to teamwork rather than making a motion right away. Walsh commented that is her perspective, which is fine, but that they feel they have to make motions in order to bring it to the table. McMillan stated she is asking him to look at it from a team perspective. McMillan requested the motion be read back. Walsh moved, Printup seconded, to place this item on the next City Council agenda. McMillan asked if they would like to keep the motion as is based on the discussion. Printup indicated he is open to amending it to the earliest possible date but that it is important to have the conversation. Levang stated the motion is confusing. Levang asked if they are voting on bringing this topic up or whether they are voting that it needs to be done ASAP. Walsh stated his motion was to put it on the next Council agenda but that he would be willing to amend it to the following Council meeting. McMillan suggested it be placed on the November 14 Council agenda since then there will be a chance to discuss this issue with the Fire Advisory Board. McMillan noted the next agenda will have a couple of sketch plans and other items from the Planning Commission. Walsh amended his motion, Printup seconded, to place overnight dock storage by the Hennepin County Sheriffs Office on the City Council agenda for November 14. Barnhart noted it is a zoning ordinance and would need to go before the Planning Commission first. Barnhart stated the earliest it can be placed on the Planning Commission agenda would be October. Loftus recommended they wait until an application is received and then placing it on the Planning Commission agenda. Walsh asked who would fill out the application. Barnhart indicated it would be the Hennepin County Sheriff. Loftus stated the City would ultimately need their permission to change the ordinance. MAYORICOUNCIL REPORT (continued) Page 23 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. Walsh requested Staff forward him the formal application request form. Loftus stated it would be a formal written request and not a formal application. Walsh indicated he has nothing else to report. Cornick stated he was not going to go unheard on the issue of the Orono Watch for You but that he is struggling with what he would like to say. Cornick stated in the interests of respect for his fellow council members, while he has an opinion, it is not appropriate to put it out there. Cornick reported during the Navarre Festival he trained 20 to 25 children at the bike rodeo and that Candace deserves the credit for the helmet donations. Cornick indicated they gave away more than a dozen helmets. Levang reported the Navarre Community Festival was a tremendous success and that they had over 300 people attend the event. In addition, there were some new games, more vendors, and wonderful support from the businesses that ranged from in-kind donations to cash donations. The bike rodeo run by Council Member Cornick was very successful. Levang indicated they had entire families that came with snowmobile helmets and left with bicycle helmets. Levang stated the Navarre Community Initiative Group should be extremely proud of the work that was done. Levang indicated they also came up with a Navarre t -shirt that was sold during the event which are still available for sale at Gallery Navarre, and that a number of miniature street banners were also sold. Levang noted Mary McKenzie was the artist of the banners and was present to sign them during the event. Levang stated overall it was a wonderful event and that they received a lot of great feedback. Levang stated she would like to thank all the sponsors for their generous donations and the people who participated. Levang stated following the end of the community festival, the Orono Police led everyone down to Livingston Park where there was a ribbon cutting ceremony with the Mayor and the City Administrator in attendance. Levang indicated some lovely pictures were already published in the local newspaper and more will be in the next newsletter. Levang commented the informational sign that was designed especially for that park is a real tribute to the history of that land. Levang stated she would also like to thank the Park Commission for their work on improving the park, and especially Rick Meyers, since it was his vision for the park. Levang stated it is an outstanding model of what can happen in the community. Printup reported he attended the homecoming parade on Old Crystal Bay Road and that it was neat seeing the Public Works Department there with their new truck. Printup suggested the Orono Golf Course consider offering some special deals in conjunction with the Ryder Cup. Page 24 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYORICOUNCIL REPORT (continued) McMillan stated she would like to thank the Navarre Community Initiative for all their hard work on the festival and that there was a lot of great food, great weather, and good music. McMillan commented a lot of work went into organizing it and that it was a great event. McMillan reported the Long Lake Waters Association would like to host a water summit tentatively on October 26 and that they are attempting to bring in representatives from the DNR and the Pollution Control Agency to talk about water quality issues. McMillan recommended Staff try to get something on the City's website about the summit. McMillan stated the attention being placed on water quality is good for Lake Minnetonka as well. CITY ADMINISTRATOR'S REPORT Loftus reported the City has received some complaints regarding placement of campaign signs and that she would recommend they be placedl 8 feet from the pavement. Loftus noted there are restrictions against placing campaign signs in the right-of-way. *10. PROSECUTING ATTORNEY — REQUESTING FOR PROPOSAL (RFP) Levang moved, Walsh seconded, to approve the Agreement for Legal Services between the City of Orono and Kenneth Potts, Attorney. VOTE: Ayes 5, Nays 0. *11. LICENSES AND PERMITS Permit One Day Liquor License Orono Lions for the Long Lake Fire Department P.O. Box 65 Orono, MN Levang moved, Walsh seconded, to approve the above -listed license. VOTE: Ayes 5, Nays 0. *12. CLAIMS/BILLS Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. CLOSED SESSION 13. CLOSED MEETING — LABOR NEGOTIATION Printup moved, Levang seconded, to enter into closed session to discuss labor negotiations. VOTE: Ayes 5, Nays 0. Page 25 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. The City Council went into closed session from 9:30 p.m. to 10:32 p.m. ADJOURNMENT ATTEST: Diane Tiegs, City Clerk Lill Tod McMillan, Mayor Page 26 of 26 MINUTES OF THE ORONO CITY COUNCIL/PLANNING COMMISSION JOINT WORK SESSION September 26, 2016 5:00 o'clock p.m. PRESENT: Mayor Lili Tod McMillan, Council Members Jim Cornick, Aaron Printup, Lizz Levang, and Denny Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, Senior Planner Michael Gaffron, and City Attorney Soren Mattick. The Planning Commissioners in attendance were Denise Leskinen, Jon Schwingler, Loren Schoenzeit, John Thiesse, and Janice Berg (Alternate). City Attorney Mattick reviewed with the Council and Commissioners the variance processes and provided information to consider in reviewing a variance. He encouraged the group to continually ask themselves, why the variance is needed, and can a person do this project without a variance? Mattick noted that the Council may impose conditions on a variance, but there must be a nexus between the condition and the variance requested. Mattick reminded the group that the burden to support the variance was on the applicant, and to approve a variance, all criteria must be met, but to deny, only one of the criteria need not be met. Mattick reviewed two recent variance cases, including the changes that occurred post -approval, and how the regulations were applied to these projects. Adjournment at 6:45 p.m. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 1 of 1 REQUEST FOR COUNCIL ACTION Department Approval: Name Scott Oberaigner Title Public Works Supervisor Administrator Reviewed: Y"-4 Item Description: Lift Station 28 Pump Replacement DATE: October 10, 2016 ITEM NO.: 4 Agenda Section: City Engineer's Report 1. Purpose. The purpose of this action is to gain Council approval to replace a failed sewer pump at Lift Station 28. 2. Background. The Sewer Department has identified a failed sewer pump (one of two pumps) at Lift Station 28 (632 Park Avenue). The pump has a bent shaft and was placed into service in 1996. Expected life of one of these pumps is approximately 20 years. Currently we are using a rental pump to maintain pump redundancy at the lift station. 3. Scope. Replacement of one Flygate CP3152 Pump and accessories and installation at lift station 28. 4. Cost. The cost to replace the pump is $15,300.00. The City solicited quotes from three vendors and the low quote was from Quality Flow Systems, Inc. Bidder Bid Quality Flow Systems, Inc $15,300 Quality Flow Iowa, Inc $15,400 KSB, Inc. $18,985 5. Funding. This replacement will be funded from the Sewer Operating Budget. This will cause the Repairs/Maintenance - Sewer Lines / Lift Stations to exceed its 2016 budget by approximately $8800. COUNCIL ACTION REQUESTED Motion to approve replacement of Sewer Pump at Lift Station 28. REQUEST FOR COUNCIL ACTION DATE: October 10, 2016 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards Y"-4 Public Works Director/ Title Public Works Director City Engineer's Report Item Description: Lift Station #2 Backup Generator Award Exhibits A. Bolton and Menk Letter 1. Purpose. The purpose of this action item is to gain Council approval to award the contract for backup generator for Lift Station #2. 2. Background. Lift Station #2 is a critical lift station, collecting sewage from the areas of Crystal Bay, Weber Hills and Heritage Lane. It then coveys that sewage into the Met Council sewer main. Under current load the lift station can backup within 20 minutes of a loss of power. The City has had aspirations of providing a backup generator for the lift station for some time but was unable to acquire access to land immediately adjacent to the lift station. Last summer the City was approach by the owners of the 1955 Shoreline Drive, offering to provide space/easement for the placement of a backup generator for LS #2. In addition in July 2015 the City received a letter and petition from area residents requesting a backup generator for LS #2. In September 2015 the Council authorized the design and engineering of the backup system. In August 2016 the Council approved the design and authorized solicitation for bids. 3. Project Scope. Adding a permanent, natural gas driven, generator; installing electrical distribution cabling under CSAH 15 and potentially replacing the existing control panel 4. Cost. The lowest bid was from Pember Companies for $170,550.00. A summary of bids is in the table below. The Engineers estimate was for $175,785. Bolton and Menk provided an estimate for construction oversight of not to exceed $13,770. (Exhibit A) Bidder Bid Pember Companies $170,550.00 Minger Construction $195,500.00 Premier Electrical $257,500.00 5. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund. Estimated 2016 End -of -Year balance is $1,777,524. COUNCIL ACTION REQUESTED: Move to award the lift Station #2 Back up Generator contract to Pember Companies for $170,550.00 and to authorize Bolton and Menk to provide construction management services. QBOLTON & MENK Real People. Real Solutions. October 6, 2016 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Lift Station 2 Improvements C 13.110847 Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (9521448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and estimated tee for the construction phase of the List Station 2 Improvements Project. Based on our understanding of the project, we propose the following scope of services: • Organize and conduct preconstruction meeting with the contractor and City Staff • Review all shop drawing submittals from contractor • Provide construction staking • Provide critical point construction observation • Review and make recommendations for contractor payment applications • Prepare and administer contract modifications as necessary • Prepare and distribute contractor punch lists • Prepare record drawings Based on the scope of services described above, we propose a not -to -exceed fee of $1.3,770 to be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. Principal Engineer H:\0RN0\C13116847\1 Corm\C_To Others\Lift Station 2 Construction Servleea.docx Salton E Menk Is an equal Date Application Received: 09/13/16 Date Application Considered as Complete: 09/13/16 60 -Day Review Period Expires: 11/12/16 REQUEST FOR COUNCIL ACTION Date: 27 September 2016 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"_4 Planning Title: Planner Item Description: #14-3695 - William Toles - 1095 Ferndale Road West - Extension: Resolution No. 6463 Application Summary: Applicant is requesting renewal of variances and a conditional use permit originally granted via Resolution No. 5872 on October 29, 2009. The approvals were renewed in 2011, 2012, and again in 2014 via Resolution 6463. The original approvals involved a conditional use permit to rearrange the floodplain on the property and variances for lot area and width; lakeshore setback; average lakeshore setback; floodplain setback; and 0-75' hardcover. The 2014 approvals were extended administratively in October 2015. The new owner purchased the property in 2015 and is currently developing plans to build a new home. They are requesting the approvals be extended per the terms of the prior approvals. Planning Staff Recommendation City Code Sections 78-129 and 78-918 provide for extension of variance and CUP approvals. Staff may administratively approve a one-year extension from the original approval date; City Council approval is required for additional one-year extensions. There have been no substantive Code changes which affect this project since the original approvals. Staff recommends approval of the owner's request for a one-year extension of the approvals granted via Resolution No. 6463. A draft approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey Exhibit B. Draft Resolution Exhibit C. 2015 Extension Exhibit D. Resolution No. 6463 Exhibit E. City Code Sections Exhibit F. Extension Application Exhibit G. Narrative s9 Council Exhibit A azti � x � C=) 0 N CI -4 z Lu La �1 y6 nJ LL U oW A ui tel' / r ►. + / l4 \sO(PA \\ \ / { � c Z W z o / p zO Eim \� ILX \ \ iiZ, 0 LU IN // \ •.Y,J \ \E?! as = O v s r,y,J °�\\Ve Y/ LL aC E 0 0 Lu cE a o— o LL w O = " Yom- \III ' .. QO P^, \ \ / / / / [D 7s C p� L O O'C O d L L 0 W J /�//�� �g 4 \ �✓ E °Tom °`,��x�vy 1�. a., m wS m 0<0 LL O a 0E.�sipu / Ul r1> j In m a S .�,w a ' a •5 a yB/ •u• �V'�\Q. u3 w f:n� I��o.� W �V Z •� C Y. L C— �S '� • • 1 .i\ 1 / ZL m:_ N unaN a O'C11? 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A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES CONDITIONAL USE PERMIT ESTABLISHED BY RESOLUTION NO. 6463 FILE NO. 14-3965 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 land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78- 918, William M. Toles, a single person (hereinafter the "Applicant"), the owner of the property, has applied for an extension of the approvals granted under Resolution No. 6463 for property located at 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No -441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota; (hereinafter the "Property"); and WHEREAS, on November 10, 2014 the City Council approved Resolution No. 6463 granting variances from the following Municipal Zoning Code Sections: • Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; • Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; • Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; And also granted a conditional use permit pursuant to Orono Municipal Zoning Code Section 78- 966 to allow grading and filling within the 0-75' zone and within the 100 -year floodplain in order to mitigate for a building pad location outside of the 100 -year floodplain for the construction of the new home. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No. 6463 for development of the Property; and WHEREAS, in 2015, per City Code Sections 78-129 and 78-918, the previous owner applied for and received a one-year administrative extension of the approvals; and WHEREAS, the Applicant purchased the Property in 2015, and was not able to commence construction within the allotted one-year extension of the approvals Resolution No. 6463; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension until November 10, 2017 of the approvals granted under Resolution No. 6463; subject to the following conditions: Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by November 10, 2017 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 6463 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval 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 Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant, the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the Property. Adopted by the City Council of Orono this 10th day of October, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. This instrument was acknowledged before me on this day of , 2016, by William M. Toles, a single person. 3 61h tary Public 1 October 2015 Katherine Fox Trust Attn: Bill Fox 440 Ferndale Rd W Wayzata, MN 55391 RE: Variance File #14-3695 Resolution No. 6463 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.d.orono.mn.us By Resolution No. 6463 the Orono City Council granted approvals for a conditional use permit and variances for the property addressed 1095 Ferndale Road (File #14-3695). We have received your request dated September 20, 2015 for an extension of the approval which was to expire on November 10, 2015. Pursuant to City Code Section 78-129 staff may grant a 12 -month extension of the approval granted by Resolution No. 6463. Because nothing has changed since the time of the original request approval your extension approval has been granted. Your variance will now expire on November 10, 2016. The terms and approvals granted in Resolution No. 6463 still apply. Any subsequent request for an additional 12 -month extension beyond November 10, 2016 must be received at least 60 days prior to the new expiration date. Please note, this additional 12 -month extension will be at the discretion of the City Council. If you have any questions, please contact me at.mcurtist@ci.orono.mn.us or at 952.249.2467 Sincerely, CITY OF ORONO WZW-OrAq Melanie Curtis Planner copies via email: David Fox, Trustee Meredith Howell, Coldwell Banker Chad Healy, PETERSSEN/KELLER Architecture City of Orono Variance Approval Extension Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # / . - 3 LIZ Date Received: Staff 1"t Extension: $50 administrative approval) 2 n & Subsequent $350 Extensions: (Council approval) This extension application form must be completed in full and submitted at least 60 days prior to the variance expiration. PROPERTY INFORMATION: �O�s `r Site Address: U OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: �B; I ( � Phone (home): Complete Address: City, State & ZIP it )2W Email: ACnx 4 ru )u nJ f%^ OWNER: Phone (work): Fax: • Agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this extension application, and • Certifies 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 and/or Owner acknowledge they must be present at all scheduled review meetings of the City 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 project. • Some or all of the information that you are asked to provide on this 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 is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. Owner Signature: Owner Signature: Date: Date: Existing Certs 1120830 ions �x'� /a uJ �4-.�cII9.5 �I�IIIIII VIII�I�IIIDIIID�NI�I I� Doc No T05296997 Certified, filed and/or recorded on Oct 8, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1304172M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO 6463 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279, 78-1288, 78-1680 and 78-1700 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 14-3695 WHEREAS, the Katherine M. Fox Trust, Bill C. Fox, Trustee (hereinafter "the applicant"), represented by David Fox, is the owner of the property located at 1095 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as follows: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6463 grading and filling within the 0-75' zone and within the floodplain in order to mitigate for a building pad location outside of the 100 -year floodplain for construction of the new home; and WHEREAS, the applicant is requesting that the identical approvals granted for the property on October 29, 2009 via Resolution No. 5872 and extended on April 25, 2011 via Resolution No. 6038, and extended again on July 9, 2012 via Resolution No. 6152 be again approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: r, w 1. This application was reviewed as Zoning File 14-3695. 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'. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2014 and on a vote of 7 — 0 recommended approval based on its determination that the findings of Resolution No. 5872 remain valid, reiterated here as follows: a. Approval of the variances based on the following findings: i. The property contains 55,410 s.£ or 1.27 acre in area and contains 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The 75' setback from the OHWL of the lake is applied on two sides of the property due to the existence of the lagoon. iv. The existence of the 100 -year floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. v. The proposal, at 8% structural coverage, will not exceed the structural lot coverage limitation of 15%. Page 2 of 6 CITY OF OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 646 3 vi. The applicant has proposed vegetative buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/01/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. The history of site flooding was identified by the City of Orono during high water flooding conditions in June of 2014. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable practical difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would 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 variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6463 NO. 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the 100 -year floodplain in order to mitigate for a building pad location outside of the 100 -year floodplain for the construction of the new home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff', attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 2,506 s.f or within the 0-75' zones. Hardcover on the property shall be limited to 9,270 s.f. or 16.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Native plantings shall be incorporated into the plans as proposed on the 10/01/09 survey by Gronberg and Associates. The plans shall be planted in accordance with the City Engineer's recommendations outlined within the 10/12/09 continent letter. 4. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as -built grading pian verifying compliance with the building permit, storm water management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building pians submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 6. Due to the proximity of the proposed home to the lake, a natural color palette consisting of darker colors shall be used for the home's exterior in order to minimize the visibility of the home from the lake. 7. Council approval of the conditional use permit is based on the grading and floodplain Page 4 of 6 /.oN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL al- sHo�� G~ NO. b 4 mitigation plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 8. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed home. 10. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and CUP will expire on that date (November 10, 2015). 11. 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. 12. The undersigned applicant has read, understands and hereby agrees to the terns of this resolution and on behalf of the applicant and the applicant'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 10'b day of November, 2014. ATTEST: a / -4j xjg��& Diane Tiegs, ity Cl k Lili Tod McMillan, Mayor Page 5 of 6 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO 646 3 This instrument was acknowledged before me this AL day of 2015 by r I. � � � ruom of the Katherine M. Fox (nom) (tide/position) Trust on behalf of the Trust. ANDREA AAMNE K05TKK Notary Public-mirx�esoM 14MyC&wnW&1mExWWWuJm31.20i9 AJAPIRRApri MAMMA WNW Notary Pu h Page 6of6 CERTIFICATE OF SURM . JR Resolution BILL FOX Exhibit A IN LOT 9, NORTH SHORE COTTAGE ACRES HENNEPIN COMM, MINNESOTA N" 6463 �a Acc"�"Wl1AlORIFFHIPtANr6 _ - sMOMAe LECAL PE (! 7 OF PWAWS : (from &.KF Tift Commikmen' Na, 7-12835, �� _ _ 7TI PL that Port of Let -R Ncrt7+ j7�are Cattryr Aeraa LdYe 14vytpprrt, nBPYIYI» lying Southeoslerly of the Saathemlery ilnea of Reyelmed LorM Sv N. 441 tl Rgpetoed Land S—, No. 902.7' iyiig *d L11d Ir CYf4lA�Yin7�N�B1aNA ,— at Me NorlhwwlerlYY 5ne W RRoe��,tvved Lontl Sway Na. '372 7 W6, deeetea 'ern 0 20 40 80 IdSeNY 611001NPIlRIfdlCll o : rrior7[� (sse.� demise eliretky Spat alevakion, mean spa krel datum ��®� deny!es eeakiJ e'ard f mean see kve1dotum eemtes prapaeaa eea�r�rc, moon seo kael dehdn F�c1[� ' eemhge phe.n tr. 6m d wa,+ m�al�! m �em aeo I.vN eokun SCALE IN FEET BNOOIORAap Ttk --y al'p c kt bumdorip PrePertY PReseecalmaRAss end the proposed bcolien M q aapfaeetl heus mtl oithel "It Tordaover'. mtl ad, , Irpllee6 Itea N tloes m[ tl /�j�� LOT PREA.W'I" IY� D �. parpnrl la shoe ony other imprwemeptp ar oochnnla. OCT 0 S 2009 xas,+�RmRrreaenswrruar.�twA,l , • WttIMY�dL110u �IRNeOF GRONBERG & ASSMATIMA AhYln/'esRp WallleGi eW� G�®]IEI�MIR�O IYLI CI !!1e>IDOTA f� �p�� riRRnLNp tem LAI�PI.AN 40 N. NALLrw DRIVE LONG LAIC MN i STATE OF MINNESOTA } } ss COUNTY OF HENNEPIN } The undersigned, being duly qualified and appointed City Clerk of the City of Orono, '_Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 10, 2014 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.,c.0 e 8ea1City this 29th day of September, 2015. iane Tiegs'<Cit,%�eil�� - roryP•�i' '�s ,r4 �� Council Exhibit E Sec. 78-129. - Extension. Extensions may be granted by either city staff or the city council pursuant to the following: (a) (1) An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (2) If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (b) The city council may grant an additional extension at the expiration of an extension granted by either city staff or the city council upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance extension. (c) The terms and conditions applicable to a variance at the time of its original approval continue to apply when an extension is granted by either city staff or the city council. Upon receiving a request for an extension, neither city staff nor the city council may alter or amend any of the terms and conditions applicable to the variance or condition the granting of an extension on alteration or amendment of any of the terms or conditions applicable to the variance. (Code 1984, § 10.08(9); Ord. No. 80 3rd series, § 2, 11-22-2010) Sec. 78-918. - Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit application. A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator. The council may grant or deny an application for renewal of a conditional use permit. In no case shall more than three, one year extensions be granted. (Code 1984, § 10.09(8); Ord. No. 153 3rd series, § 4, 8-10-2015) Page 1 City of Orono Variance Approval Extension Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received: Staff : 1" Extension: 2"a & Subsequent $350 Extensions: (Council approval) roval This extension application form must be completed in full and submitted at least 60 days prior to the variance expiration. PROPERTY INFORMATION: Site Address: 1095 Ferndale Road W.. Orono. MN 55391 OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: William Toles - PERSONAL & CONFIDENTIAL Phone (home): (952)595-9892 Phone (work): (763)478-8000 Complete Address: CIO ToI-O-Matic, 3800 County Road 116, Hanel, YA' 55340-9360 City, State & ZIP Hamel, MN 55340-9360 Email: wtolesl04l@aol.com Fax: OWNER: • Agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this extension application, and • Certifies 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 and/or Owner acknowledge they must be present at all scheduled review meetings of the City 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. • Some or all of the information that you are asked to provide on this 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 is to annually update our records and records of other governmental agencies,required by law. If you refuse to supply the information, the application may not be issued. I' Z Owner Signature: Date: 1dl' Owner Signa tu Date: To Whom It May Concern: My full name is William Mark Toles. I am divorced and am the sole owner of the property at 1095 Ferndale Road, Orono, Hennepin County, Minnesota. The former owner removed an existing home and received a variance to build a new home from the City of Orono before I purchased the property. The City of Orono extended that variance for one year in November 2015. 1 am requesting an additional one-year extension of the variance from the City of Orono so I may finalize my plans to construct a residence on the property. I intend to build the residence in a manner consistent with the existing variance. My plans for construction on the property are as follows. I intend to break ground on construction of a new home in the spring 2017. The home will be no larger than 4,500 square feet. Because I have a walking disability, I will build a home with most living spaces on a single level. The home will have the appearance of an English cottage, with an exterior constructed of wood and stone. I also plan to plant several trees on the property. Date Application Received: 09/13/16 Date Application Considered as Complete: 09/13/16 60 -Day Review Period Expires: 11/12/16 REQUEST FOR COUNCIL ACTION Date: 27 September 2016 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"_4 Planning Title: Planner Item Description: #14-3695 - William Toles - 1095 Ferndale Road West - Extension: Resolution No. 6463 Application Summary: Applicant is requesting renewal of variances and a conditional use permit originally granted via Resolution No. 5872 on October 29, 2009. The approvals were renewed in 2011, 2012, and again in 2014 via Resolution 6463. The original approvals involved a conditional use permit to rearrange the floodplain on the property and variances for lot area and width; lakeshore setback; average lakeshore setback; floodplain setback; and 0-75' hardcover. The 2014 approvals were extended administratively in October 2015. The new owner purchased the property in 2015 and is currently developing plans to build a new home. They are requesting the approvals be extended per the terms of the prior approvals. Planning Staff Recommendation City Code Sections 78-129 and 78-918 provide for extension of variance and CUP approvals. Staff may administratively approve a one-year extension from the original approval date; City Council approval is required for additional one-year extensions. There have been no substantive Code changes which affect this project since the original approvals. Staff recommends approval of the owner's request for a one-year extension of the approvals granted via Resolution No. 6463. A draft approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey Exhibit B. Draft Resolution Exhibit C. 2015 Extension Exhibit D. Resolution No. 6463 Exhibit E. City Code Sections Exhibit F. Extension Application Exhibit G. Narrative s9 Council Exhibit A azti � x � C=) 0 N CI -4 z Lu La �1 y6 nJ LL U oW A ui tel' / r ►. + / l4 \sO(PA \\ \ / { � c Z W z o / p zO Eim \� ILX \ \ iiZ, 0 LU IN // \ •.Y,J \ \E?! as = O v s r,y,J °�\\Ve Y/ LL aC E 0 0 Lu cE a o— o LL w O = " Yom- \III ' .. QO P^, \ \ / / / / [D 7s C p� L O O'C O d L L 0 W J /�//�� �g 4 \ �✓ E °Tom °`,��x�vy 1�. a., m wS m 0<0 LL O a 0E.�sipu / Ul r1> j In m a S .�,w a ' a •5 a yB/ •u• �V'�\Q. u3 w f:n� I��o.� W �V Z •� C Y. L C— �S '� • • 1 .i\ 1 / ZL m:_ N unaN a O'C11? W "Z \ \ • • S 1 ►1�" �?'' - i SOI �� °Sc ui: may-�aoo i— •iY � �� V p .� \ + I / �Wy O,^ J N Uhf NAL ��� a � 4�1 ,> 2YSe { } l or 22 Z •avc'wc A ." nMp ECIC / //\►OTR �Y �.� C O i� LIQ N�� n 4'274 3 C li:O �Ow al NLC.y7 �07 vi V I / / �/ / ALF..... �a J�v Q _ z o m H o S i? � . 1911 �y q aa a yC60/ CU W W LU / W oaz���d \ / "^1 ,,,///��� i 1 w 2 11 <} \� g Z=; / I SseP"oLU �/ m c jugs a� a a Q37 \ min �J % a'�O NZNK �KIi 3 LLJ IN LU �,� _ius e c xi�mlLiRHOWNh \ I ITA Rl6,AP/OWWV!•w•° gob," 3,2W91d 09-123 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES CONDITIONAL USE PERMIT ESTABLISHED BY RESOLUTION NO. 6463 FILE NO. 14-3965 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 land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78- 918, William M. Toles, a single person (hereinafter the "Applicant"), the owner of the property, has applied for an extension of the approvals granted under Resolution No. 6463 for property located at 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No -441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota; (hereinafter the "Property"); and WHEREAS, on November 10, 2014 the City Council approved Resolution No. 6463 granting variances from the following Municipal Zoning Code Sections: • Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; • Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; • Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; And also granted a conditional use permit pursuant to Orono Municipal Zoning Code Section 78- 966 to allow grading and filling within the 0-75' zone and within the 100 -year floodplain in order to mitigate for a building pad location outside of the 100 -year floodplain for the construction of the new home. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No. 6463 for development of the Property; and WHEREAS, in 2015, per City Code Sections 78-129 and 78-918, the previous owner applied for and received a one-year administrative extension of the approvals; and WHEREAS, the Applicant purchased the Property in 2015, and was not able to commence construction within the allotted one-year extension of the approvals Resolution No. 6463; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension until November 10, 2017 of the approvals granted under Resolution No. 6463; subject to the following conditions: Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by November 10, 2017 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 6463 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval 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 Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant, the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the Property. Adopted by the City Council of Orono this 10th day of October, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. This instrument was acknowledged before me on this day of , 2016, by William M. Toles, a single person. Notary Public 1 October 2015 Katherine Fox Trust Attn: Bill Fox 440 Ferndale Rd W Wayzata, MN 55391 RE: Variance File #14-3695 Resolution No. 6463 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.d.orono.mn.us By Resolution No. 6463 the Orono City Council granted approvals for a conditional use permit and variances for the property addressed 1095 Ferndale Road (File #14-3695). We have received your request dated September 20, 2015 for an extension of the approval which was to expire on November 10, 2015. Pursuant to City Code Section 78-129 staff may grant a 12 -month extension of the approval granted by Resolution No. 6463. Because nothing has changed since the time of the original request approval your extension approval has been granted. Your variance will now expire on November 10, 2016. The terms and approvals granted in Resolution No. 6463 still apply. Any subsequent request for an additional 12 -month extension beyond November 10, 2016 must be received at least 60 days prior to the new expiration date. Please note, this additional 12 -month extension will be at the discretion of the City Council. If you have any questions, please contact me at.mcurtist@ci.orono.mn.us or at 952.249.2467 Sincerely, CITY OF ORONO WZW-OrAq Melanie Curtis Planner copies via email: David Fox, Trustee Meredith Howell, Coldwell Banker Chad Healy, PETERSSEN/KELLER Architecture City of Orono Variance Approval Extension Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # / . - 3 LIZ Date Received: Staff 1"t Extension: $50 administrative approval) 2 n & Subsequent $350 Extensions: (Council approval) This extension application form must be completed in full and submitted at least 60 days prior to the variance expiration. PROPERTY INFORMATION: �O�s `r Site Address: U OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: �B; I ( � Phone (home): Complete Address: City, State & ZIP it )2W Email: ACnx 4 ru )u nJ f%^ OWNER: Phone (work): Fax: • Agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this extension application, and • Certifies 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 and/or Owner acknowledge they must be present at all scheduled review meetings of the City 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 project. • Some or all of the information that you are asked to provide on this 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 is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. Owner Signature: Owner Signature: Date: Date: Existing Certs 1120830 ions �x'� /a uJ �4-.�cII9.5 �I�IIIIII VIII�I�IIIDIIID�NI�I I� Doc No T05296997 Certified, filed and/or recorded on Oct 8, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1304172M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO 6463 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279, 78-1288, 78-1680 and 78-1700 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 14-3695 WHEREAS, the Katherine M. Fox Trust, Bill C. Fox, Trustee (hereinafter "the applicant"), represented by David Fox, is the owner of the property located at 1095 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as follows: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6463 grading and filling within the 0-75' zone and within the floodplain in order to mitigate for a building pad location outside of the 100 -year floodplain for construction of the new home; and WHEREAS, the applicant is requesting that the identical approvals granted for the property on October 29, 2009 via Resolution No. 5872 and extended on April 25, 2011 via Resolution No. 6038, and extended again on July 9, 2012 via Resolution No. 6152 be again approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: r, w 1. This application was reviewed as Zoning File 14-3695. 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'. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2014 and on a vote of 7 — 0 recommended approval based on its determination that the findings of Resolution No. 5872 remain valid, reiterated here as follows: a. Approval of the variances based on the following findings: i. The property contains 55,410 s.£ or 1.27 acre in area and contains 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The 75' setback from the OHWL of the lake is applied on two sides of the property due to the existence of the lagoon. iv. The existence of the 100 -year floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. v. The proposal, at 8% structural coverage, will not exceed the structural lot coverage limitation of 15%. Page 2 of 6 CITY OF OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 646 3 vi. The applicant has proposed vegetative buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/01/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. The history of site flooding was identified by the City of Orono during high water flooding conditions in June of 2014. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable practical difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would 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 variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6463 NO. 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the 100 -year floodplain in order to mitigate for a building pad location outside of the 100 -year floodplain for the construction of the new home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff', attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 2,506 s.f or within the 0-75' zones. Hardcover on the property shall be limited to 9,270 s.f. or 16.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Native plantings shall be incorporated into the plans as proposed on the 10/01/09 survey by Gronberg and Associates. The plans shall be planted in accordance with the City Engineer's recommendations outlined within the 10/12/09 continent letter. 4. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as -built grading pian verifying compliance with the building permit, storm water management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building pians submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 6. Due to the proximity of the proposed home to the lake, a natural color palette consisting of darker colors shall be used for the home's exterior in order to minimize the visibility of the home from the lake. 7. Council approval of the conditional use permit is based on the grading and floodplain Page 4 of 6 /.oN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL al- sHo�� G~ NO. b 4 mitigation plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 8. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed home. 10. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and CUP will expire on that date (November 10, 2015). 11. 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. 12. The undersigned applicant has read, understands and hereby agrees to the terns of this resolution and on behalf of the applicant and the applicant'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 10'b day of November, 2014. ATTEST: a / -4j xjg��& Diane Tiegs, ity Cl k Lili Tod McMillan, Mayor Page 5 of 6 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO 646 3 This instrument was acknowledged before me this AL day of 2015 by r I. � � � ruom of the Katherine M. Fox (nom) (tide/position) Trust on behalf of the Trust. ANDREA AAMNE K05TKK Notary Public-mirx�esoM 14MyC&wnW&1mExWWWuJm31.20i9 AJAPIRRApri MAMMA WNW Notary Pu h Page 6of6 CERTIFICATE OF SURM . JR Resolution BILL FOX Exhibit A IN LOT 9, NORTH SHORE COTTAGE ACRES HENNEPIN COMM, MINNESOTA N" 6463 �a Acc"�"Wl1AlORIFFHIPtANr6 _ - sMOMAe LECAL PE (! 7 OF PWAWS : (from &.KF Tift Commikmen' Na, 7-12835, �� _ _ 7TI PL that Port of Let -R Ncrt7+ j7�are Cattryr Aeraa LdYe 14vytpprrt, nBPYIYI» lying Southeoslerly of the Saathemlery ilnea of Reyelmed LorM Sv N. 441 tl Rgpetoed Land S—, No. 902.7' iyiig *d L11d Ir CYf4lA�Yin7�N�B1aNA ,— at Me NorlhwwlerlYY 5ne W RRoe��,tvved Lontl Sway Na. '372 7 W6, deeetea 'ern 0 20 40 80 IdSeNY 611001NPIlRIfdlCll o : rrior7[� (sse.� demise eliretky Spat alevakion, mean spa krel datum ��®� deny!es eeakiJ e'ard f mean see kve1dotum eemtes prapaeaa eea�r�rc, moon seo kael dehdn F�c1[� ' eemhge phe.n tr. 6m d wa,+ m�al�! m �em aeo I.vN eokun SCALE IN FEET BNOOIORAap Ttk --y al'p c kt bumdorip PrePertY PReseecalmaRAss end the proposed bcolien M q aapfaeetl heus mtl oithel "It Tordaover'. mtl ad, , Irpllee6 Itea N tloes m[ tl /�j�� LOT PREA.W'I" IY� D �. parpnrl la shoe ony other imprwemeptp ar oochnnla. OCT 0 S 2009 xas,+�RmRrreaenswrruar.�twA,l , • WttIMY�dL110u �IRNeOF GRONBERG & ASSMATIMA AhYln/'esRp WallleGi eW� G�®]IEI�MIR�O IYLI CI !!1e>IDOTA f� �p�� riRRnLNp tem LAI�PI.AN 40 N. NALLrw DRIVE LONG LAIC MN i STATE OF MINNESOTA } } ss COUNTY OF HENNEPIN } The undersigned, being duly qualified and appointed City Clerk of the City of Orono, '_Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 10, 2014 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.,c.0 e 8ea1City this 29th day of September, 2015. iane Tiegs'<Cit,%�eil�� - roryP•�i' '�s ,r4 �� Council Exhibit E Sec. 78-129. - Extension. Extensions may be granted by either city staff or the city council pursuant to the following: (a) (1) An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (2) If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (b) The city council may grant an additional extension at the expiration of an extension granted by either city staff or the city council upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance extension. (c) The terms and conditions applicable to a variance at the time of its original approval continue to apply when an extension is granted by either city staff or the city council. Upon receiving a request for an extension, neither city staff nor the city council may alter or amend any of the terms and conditions applicable to the variance or condition the granting of an extension on alteration or amendment of any of the terms or conditions applicable to the variance. (Code 1984, § 10.08(9); Ord. No. 80 3rd series, § 2, 11-22-2010) Sec. 78-918. - Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit application. A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator. The council may grant or deny an application for renewal of a conditional use permit. In no case shall more than three, one year extensions be granted. (Code 1984, § 10.09(8); Ord. No. 153 3rd series, § 4, 8-10-2015) Page 1 City of Orono Variance Approval Extension Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received: Staff : 1" Extension: 2"a & Subsequent $350 Extensions: (Council approval) roval This extension application form must be completed in full and submitted at least 60 days prior to the variance expiration. PROPERTY INFORMATION: Site Address: 1095 Ferndale Road W.. Orono. MN 55391 OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: William Toles - PERSONAL & CONFIDENTIAL Phone (home): (952)595-9892 Phone (work): (763)478-8000 Complete Address: CIO ToI-O-Matic, 3800 County Road 116, Hanel, YA' 55340-9360 City, State & ZIP Hamel, MN 55340-9360 Email: wtolesl04l@aol.com Fax: OWNER: • Agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this extension application, and • Certifies 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 and/or Owner acknowledge they must be present at all scheduled review meetings of the City 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. • Some or all of the information that you are asked to provide on this 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 is to annually update our records and records of other governmental agencies,required by law. If you refuse to supply the information, the application may not be issued. I' Z Owner Signature: Date: 1dl' Owner Signa tu Date: To Whom It May Concern: My full name is William Mark Toles. I am divorced and am the sole owner of the property at 1095 Ferndale Road, Orono, Hennepin County, Minnesota. The former owner removed an existing home and received a variance to build a new home from the City of Orono before I purchased the property. The City of Orono extended that variance for one year in November 2015. 1 am requesting an additional one-year extension of the variance from the City of Orono so I may finalize my plans to construct a residence on the property. I intend to build the residence in a manner consistent with the existing variance. My plans for construction on the property are as follows. I intend to break ground on construction of a new home in the spring 2017. The home will be no larger than 4,500 square feet. Because I have a walking disability, I will build a home with most living spaces on a single level. The home will have the appearance of an English cottage, with an exterior constructed of wood and stone. I also plan to plant several trees on the property. Date Application Received: 08/15/16 Date Application Considered as Complete: 08/23/16 60 -Day Review Period Expires: 10/14/16 REQUEST FOR COUNCIL ACTION Date: 4 October 2016 Item No. 7 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y100 Y"_4 Planning Title: Planner Item Description: #16-3859 - Robert Gumnit & Frances Graham - 1100 Old Crystal Bay Road S, CUP — Resolution Application Summary: The owners wish to remodel their existing two-story tack building to include a full bathroom so that it can also serve as caretaker quarters (guest house). The property has over 9 dry, buildable acres in area, therefore a guest house is permitted via a guest house conditional use permit. The property is considered lakeshore therefore the location between the home and the street is conforming. Planning Commission Recommendation On September 19, 2016 the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the CUP according to the staff recommendation which included requiring the standard covenants. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey & Proposed Plans Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. PC Minutes - Draft Exhibit E. PC Staff Report Exhibit F. 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It I''` ' r ; 'I' ' ;f I I f 1 i 1 4 51 •Y - ` I :' � x959,3 ! /](ter.(' r 1 1 4 s ddit ♦ ♦` ,� 964.7 ' r f r 1 1 1 ; !` ,i' // '�` ; �' �;r �` 964,0 _ Vit�V�'k.l' • •' •r �/ ;r ;r f' 44. �� q�f► / 1 r , 7- 1 / % /': ;r I l' ; O ��. r ,,•` ; ' F*� JING r,; 1 f y Sd N G'p,R AGE,,, i/+ 1 It i� 1 Y` / � • ' �� r I`' � r f , L^'F.3 � 14 ,` ` •w� - __^-- - ,~x963.1 r' I,, I 3 ` ov ' f; ,' ,l' ; � ,• opx�60.2''• -- - 562�€i_---.�F- 060 6 CO .0 // ' / DRIVEWAY 1�7 X4 ' • �` J , r , Y , �j % I'" , ----------------- � � @LDS: � ; ' :� � � ; • � ; -- ------------------------ 00 �. - -4.00 o x9�-fi. � i a•/1► �jl 1 r r �'' ' 95fi. 957.5 �- = \'11'!r l ; - •'" I ----- 1 1 +/w/ • r w f 1 441 � • !r, r; Id+), f '+,.•� � �� J vi T?W., = 5�6ieci roneto CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. 16-3859 WHEREAS, Robert J. Gumnit and Frances H. Graham, a married couple (hereinafter the "Applicants"), are the owners of the property located at 2732 Caroline Avenue and legally described as: That part of Government Lot 6 including the accretions thereto and that part of Government Lot 8, Section 9, township 117, Range 23, described as follows: Commencing at the North Quarter Corr of said Section 9, thrice South 0 degrees 18 minutes 18 seconds East (to the North line of sal Section 9 having an assumed bearing of South 89 degrees 09 minutes 18 seconds East) a distance of 1950.90 feet, thence South 88 degrees 32 minutes 15 seconds East a distance of 1104.09 feet to the actual point of beginning, thenceNorth 88 degrees 32 minutes 15 seconds East to the center line of County Road Number 84 thence northerly along said center line to its intersection with the South line of the North 156.75 feet of said Government Lot 8, thence easterly along said South line to East Rne of saJd Government Lot 8, thence northerly along said Eest line a distance of 156.75 feet more or less to the Northeast Corner of said Government Lot 8, thence "sterly along the extension of the North line of said Government Lot 8 to its intersection with the southerly extension of a line drawn parallel with and 330 feet west from that part of the East line of said Section 9 which Is North of the meander corner on. the East Line of said Government Lot 6, thence sou terly deffection to the left 40 degrees from the southerly extension of the last described parallel line to the store of French Lake thence southwesterly and southerly along said shoreline to Its intersection with a line drawn from the Northeast Corte' of Government Lot 4 In said Section 9 to a point which is on the line between the meander corner on the East 9ne of Government Lot 3 in said Section 9 and the meander corner of the east line of said Government Lot 6 a distance of 749.08 feet northerly from the East Quarter Corner of said Section, thence southwesterly along the last described line to Its intersection with a line being South 84 degrees 47 minutes 35 seconds East from the actual point of beginning, thence North 84 degrees 47 minutes 35 seconds West to beginning except road, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on August 17, 2016, the Applicants made application to the City of Orono for a conditional use permit pursuant to Section 78-418 to allow conversion of an existing 999 square foot two-story tack building to a guest house; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, according to Orono Municipal Zoning Code Section 78-1437 plumbing including a shower or bathtub is permitted in an accessory building that is conforming in location, size, and height; and WHEREAS, the existing detached garage is oonforming in location, size, and height; WHEREAS, on September 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the conditional use permit as requested: and WHEREAS, on October 10, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE iT RESOLVED that the.Cky Council of Orono, Minnesota hereby approves the requested conditionai use permit as described above based on one or more of the following findings of fact concerning the Property. FINDINGS OF FACT: 1. This appl"tion was reviewed as Zoning Fi.e #16-3859. The analysis contained within staff memos and the exNbits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR -1B, One Family Rural Residential Zoning District. 3. The Property contains 9 5 dry, acres in area and has a defined lot width of ±480 feet. 4. The Property is vtthin Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The existing hardcover level is approximately 6%. 5. The Applicant has applied for the following conditional use permit: a. Guest house CUP 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: The Planning Commission may recommend and the Council may grant a conditional use permit as it 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 proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The guest house will be otherwise conforming in location, and height on the Property. 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. The proposed guest house will be connected to City sewer and private well. 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 tack building is rural residential in character and its use is expected to be compatible with the surrounding area. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The guest house has a rural residential visual character and is expected to be compatible with the surrounding area. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The architectural styling of the building is rural in character and consistent with that of the structures on the Property. 9. Not expected to substantially impair the use and enjoyment of the properties 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 use of the structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The existing tack building is not significantly visible when viewed from off the property due to location on the lot. No additional screening or buffering is recommended. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed guest house use 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. It is anticipated that the proposed guest house 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 proposed guest house will not affect these features or have a negative environmental impact. 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. Applicants are hereby advised of this requirement; and 15. Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. CONCLUSIONS, ORDER AND CONDITIONS; Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Section 78-418 to allow conversion of an existing 999 square foot tack building to a guest house; subject to the following conditions: 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Council approval is based on the existing survey by MFRA, Inc., dated June 30, 2008 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. All exterior lighting associated with the guest house shall be downward cast and not directed off the Property. 3. The Applicants agree to covenant the following regarding the non -rental guest house: a. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 4. Authorities granted by this resolution run wrth the Property, not with the Applicants, but are permissive only and must be exercised by obta*ring a plumbing permit for the guest house plumbing fixtures. A final plumbing inspection must be completed within one year of the date of Council approval, or the approvals will expire on that date (October 10, 2017). 5. Violation of or non-coMpliance with any of the terms and conditions of this resolution shall constitute a wolation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemearpor. 6. The undersigned Applicants have read, understand and hereby agree to the terms of this resOution and on be.a!f of the Applicants and the Applicants' heirs, successors and assigns, heresy agree to the recordN of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 10th day of October, 2016. ATTEST: Diane Tiegs, City Clerk CITY OF ORONO: Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Property Owner This instrument was acknowledged before me this day of , 2016, by Robert Jerome Gumnit, husband of Frances H. Graham. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instn, went was acknowledged before me this — day of , 2016, by Frances H. Graham, wife of Robert Jerome Gumnit. Notary Public 6 Resolution Exhibit A --- -- ----- ------- -- ---- ------------------ ----------------------- --------------------- -- ---------------------- Gr.=Ic=Em ------------- 1 14 z------ ------------ ------ ----------- ----------- -------------------------- 32.3 24.3--1 MIS 22F5 8.2 LO AIA -7\4x c4i I UQ cp; ID 1 14 to to -------------------- --- --- -------------------- 143 - - - - - ----------------------- - ----------------------- ------ aria fp�nl. NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Bob Gumnit & Frances Graham 1100 Old Crystal Bay Rd S Wayzata, MN 55391 TYPE OF REQUEST: CUP — guest house DATE OF MEETING: 19 September 2016 ZONING FILE: #16-3859 DATE OF NOTICE: 19 Sept 2016 COPIES: Bob Gumnit The Orono Planning Commission voted on a motion to recommend approval of the guest house CUP as requested. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, October 10th 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(Oci.orono.mmus or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. 3. #16-3859 ROBERT GUMNIT AND FRANCES GRAHAM, 1100 OLD CRYSTAL BAY ROAD SOUTH, CONITIONAL USE PERMIT, 6:36 P.M. — 6:39 P.M. Robert Gumnit, Applicant, was present. Curtis stated the owners of the property would like to modify the existing two-story tack building to include a full bathroom so that it can serve as a caretaker's quarters. According to the code, it would be considered a guest house. The property consists of over nine acres in area, so therefore a guest house is permitted via a guest house conditional use permit. The lot is considered a lakeshore property. Therefore the location of the tack building between the home and the street is conforming. The guest house would be within the 999 square foot building footprint and the required setbacks are also conforming. Staff recommends approval of the variance as requested. Staff would also request the applicant apply a recorded covenant which states that the accessory building will not be: 1 Used for a home occupation unless specifically approved by the City or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Curtis noted the property is served by city sewer, which is how this building will be served. The City has received no public comments regarding this application. The Planning Commission had no questions for Staff. Robert Gumnit, Applicant, stated the application speaks for itself and that he thanks the Planning Commission for their consideration. Thiesse asked if the building will be changed. Gumnit indicated the building will not change at all. Gumnit stated the room currently has a toilet in it and they are simply adding a bathtub. Chair Thiesse opened the public hearing at 6:39 p.m. There were no public comments relating to this application. Chair Thiesse closed the public hearing at 6:39 p.m. Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. 16-3859 Robert Gumnit and Frances Graham, 1100 Old Crystal Bay Road South, granting of a conditional use permit subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Date Application Received: 08/15/16 Date Application Considered as Complete: 08/23/16 60 -Day Review Period Expires: 10/14/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WGG Date: 15 September 2016 Subject: #16-3859, Robert Gumnit & Frances Graham, 1100 Old Crystal Bay Road S, Conditional Use Permit Public Hearing Application Summary: The applicant is requesting approval of a conditional use permit to permit an existing tack building to serve as a guest house on the property. Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Survey/Site Plan Exhibit C. Hardcover Calculations Exhibit D. Aerial Photo Exhibit E. City Code Excerpts Exhibit F. Property Owners List Exhibit G. Plat Map Background The owners of the property at 1100 Old Crystal Bay Road South wish to modify their existing two-story tack building to include a full bathroom so that it can also serve as caretaker quarters (guest house). The property has over 9 dry, buildable acres in area, therefore a guest house is permitted via a guest house conditional use permit. The property is considered lakeshore therefore the location is conforming. LOT ANALYSIS WORKSHEET Section 78-420 & 78-1434 — Guest House Setbacks: The guest house is proposed to be within an existing accessory structure; the setbacks are conforminiz. RR -1B Required Existing Front/Lake 150' ±400' Rear/Street 50' 190' North Side 30' 110' South Side 30' ±330' FILE # 16-3859 15 Sept 2016 Page 2 of 4 Section 78-420 - Lot Area/Width: RR -16 Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 417,926 s.f. (9.5 acres) ±480' Section 78-1403- Structural Coverage: The property exceeds 1.99 acres in area; therefore it is not subject to the 15% structural coverage limitation. Section 78-1680 -Hardcover Calculations: The property is located in Tier 1, and is subject to a 25% hardcover limitation. The property currently has approximately 25,000 square feet of hardcover, or 6%. The applicant is not proposing any new structural or hardcover improvements. Applicable Regulations: Guest House Conditional Use Permit (City Code Section 78-4 The property is within the RR -113 zoning district which requires a minimum of 2.0 acres per lot. The Code provides for a guest house use on properties with twice the minimum acreage for the respective district. In this case 4.0 acres is required; the property has 9.5 dry acres and meets this requirement. The guest house covenants apply. 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 proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house is conforming in location, size and height on the property. 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; The proposed guest house, as well as the principal residence, will be connected to city sewer and a private well. 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 proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house has a rural FILE # 16-3859 15 Sept 2016 Page 3 of 4 residential visual character and is expected to be compatible with the surrounding area. 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 architectural styling of the building is rural in character and consistent with that of the principal structure to be constructed on the property. 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; A guest house when used under the CUP requirements for said use is not anticipated to have any adverse effects on the neighborhood. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The guest house will not be significantly visible when viewed from off the property. In the opinion of staff, additional screening or buffering will not be required. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed guest house use 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; It is anticipated that the proposed guest house 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 proposed guest house will not affect these features or have a negative environmental impact. 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; Applicants shall be advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. 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. Covenants Required In accepting this conditional use permit, the property owner will be required to agree to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances Septic System Status The property is served by City sewer. FILE # 16-3859 15 Sept 2016 Page 4 of 4 Conditional Use Permit Analysis Staff finds the criteria permitting a guest house conditional use permit have been satisfied. Public Comments No public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the CUP, if granted, will not alter the essential character of the neighborhood? 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested CUP? 3. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the CUP for the guest house use. Approval of the CUP for the guest house will also require the guest house covenant be recorded against the property. City of Orono Application I I Y OF ORONO RECEIVED AUG 15 2016 Conditional Use Permit Street Address: 2754 Kelley Parkway Orono, MIS 55356 Main: 952-249-4600 fax: 952-2494616 Mailing Address: P.O. Box 66 Crystal Bay, MM 55323-0066 Application # • Date Received: Staff : Fee: �� Escrow # & $ If 7Q Permit Fee Motes: 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: APPLICANT 1 AGENT INFORMATION: Applicant Name: Robert J Gumnit Phone (Primary): _612 747 0068 Applicant Email: Address: 1100 Old Cr stal Bay Rd S City: Orono zip: 55391 Agent Name: Agent's phone number Agent Email: Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: ❑ check here if property owner is same as applicant Name: .-r r-'11-441- 41- --A 1W-- .--- U Phone (Primary): 612 747 0068 Mailing Address: PO Box $5 _ City: Crystal BAy ZIP: 55323 Email:gumnirj@me.com 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 • 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. Applicant/Agent Signature: Date- Applicant/Agent Signature: Date: 1, Property Owner Signature: te: Property Owner Signature: Date: CUP Application — January 2016 Page 2 # 3859 / RECEIVED AUG 15 2016 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.44 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 famish 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 Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Robert Jerome Gumnit First Middle Last 1100 Old Crystal Bay Rd S _ Address Orono MN 55391 City State Zip I understand my rights as stated above. CUP Application — January 2016 Page 8 612 747 0068 Phone RECEIVED AUG 15 2016 CITY OF ORONO CUP Orono narrative 8-12-16 Description and scope of work; This application requests permission to convert an existing half -bath to a full bath including tub and shower. This will permit the conversion of the second floor of an existing Tack building into a on apartment. The purpose of the apartment is to have a live-in caretaker to care for our horses. It's important to have live-in help for these animals, espe- cially when we travel out of town. Now that are retired we expect to travel much more than in the past. In addition, family guests may stay there for brief visits when we run out of space in the main house. The existing half bath is approximately 10 x 15' The room will be fit- ted out with a shower tub combination, the existing sink and stool will be upgraded, cabinetry will be installed, painting and lighting will be addressed.Appropriate building materials will be used. Construction will occur during regular working hours. All work will be will interior, therefore we do not anticipate any noise or unusual out- door activity. No more than one or two workers are expected to be on- site at any given time There is adequate off street parking around the building, we do not expect any impact on traffic on Old Crystal Bay Fid. No mitigation will be required since there will be no negative impact; visual, auditory or olfactory. 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C,, XVS%G 17.5 Ell r 63. 00 X4.3 Q - --1-0 - - x963.1 / / / � t 1 1 � 60.2'` _ /J� _ , �XlStfi!G r , o / I 64.0 -10. - x961.7 C// � / / 8 coo ' r ---------------- --------------- ao --r 14. ---- - __ _ 64.00 o x956. 956. 957.5 — MEANDER CORDER GOVERNMENT LOT 5 - EAST QUARTER CORNER SECTION 9 DESCRIPTION That part of Government Lot 6 including the accretions thereto and that part of Government Lot 8, Section 9, Township 1171 Range 23, described as follows: Commencing at the North Quarter Comer of said Section 9, thence South 0 degrees 18 minutes 18 seconds East (to the North line of said Section 9 having an assumed bearing of South 89 degrees 09 minutes 18 seconds East). a distance of 1950.90 feet, thence South 88 degrees 32 minutes 15 seconds East a distance of 1104.09 feet to the actual point of beginning, thence North 88 degrees 32 minutes 15 seconds East to the center line of County Road Number 84 thence northerly along said center line to its intersection with the South line of the North 156.75 feet of said Government Lot 8, thence easterly along said South line to East line of said Government Lot 8, thence northerly ainng said East line a distance of 156.75 feet more or less to the Northeast Corner of said Government Lot 8, thence easte,ly along the extension of the North line of said Government Lot 8 to its intersection with the southerly extension of a line drawn parallel with and 330 feet west from that part of the East line of said Seciton 9 which is North of the meander comet on the East Line of said Government Lot 6, thence southeasterly deflecting to the left 40 degrees from the southerly extension of the last described parallel line to the shop: of French Lake thence southwestly and southerly along said shore line to its intersection with a line drawn from the Northeast Comer of Government Lot 4 in said Section 9 to a point which is on the line between the meander comer on the East line of Government Lof 5 in said section 9 and the meander comer on the east line of said Government Lot 6 a distance of 749.08 feet northerly from the East Quarter Comer of said Section, thence southwesterly along the last described line to its intersection with a line being So& 84 degrees 47 minutes 35 seconds East from the acutal point of beginning, thence North 84 degrees 47 minutes 35 seconds West to beginning except road. (This legal description Is from Hennepin County Tax Records) PROPERTY SUMMARY 1. Suboct properto:s address is 1100 Old Crystal Bay Road, its pro party Identification number is D9-117-23-14-0001. 2. The gross area of the subject property is 25.4 Acres or 1,106,279 Square Feet. 3. The building (s) and exterior dimensions of the outside wall at ground level are shown on the survey. it may not be the foundation wall. 4. Buildings were staked on 614108. 5. This survey wag-, prepared without the benefit of current title commitment. 6. French Lake wa:,' not located. HARDCOVER EYJSTING DRIVE WAY EXISTING HOUSE EXISTING GARAGE EXISTING SHED PROPOSED BUILDINGS UPLAND HARDCOVER =13,651 SQ. FT. =5,417 SQ. FT. =785 SQ. FT. =445 SQ. FT. =4,628 SQ. FT. =417,926 SQ. FT. =24,926 SQ. FT. OR 6.0% L--� 1. Invert of sanitary sewer manhole= 928.18 2. Invert of sanitary sewer manhole= 928.90 CA'ki vi T?W., = 5�6ieci roneto PC Exhibit D DIVISION 6. - RR -113 ONE -FAMILY RESIDENTIAL DISTRICT Sec. 78-416. - Purpose. The RR -1B one -family rural residential district is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity. Sec. 78-417. - Permitted uses. Within any RR -1 B one -family rural residential district, no land or structures shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. c. If the city proposes amendment to the approved design plans or the placement of the structure, notice of the proposed changes shall be mailed to all property owners within 350 feet of the parcel on which the structure is to be located. If the proposed structure is to be located within a public right-of-way, property owners within 350 feet of the structure shall be mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the council meeting at which the amended plans will be considered. (2) Gardens. (3) Municipal buildings. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (5) One -family detached dwellings. (6) Personal wireless service antennas and towers. ((Antenna details removed to conserve space.)) (7) Publicly owned parks and playgrounds. Sec. 78-418. - Conditional uses. Within any RR -1 B one -family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use. b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Guest houses and nonrental guest apartments. Page 1 a. Guest houses, provided that: The lot is at least two times the minimum lot area required by this section; and The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. Guest apartments with exterior ingress and egress, provided that: The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (3) Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: ((Antenna details removed to conserve space.)) (4) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: Used for a home occupation unless specifically approved by the city or if allowed by this Code. Used as a dwelling unless a guest house conditional use permit is obtained. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (7) Public libraries, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. (8) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and Page 2 b. The architectural design of the structure is compatible with the architectural design of the surrounding area. (9) Public stables and barns, provided that: a. The public stable or barn is accessory to a residential use. b. Such structures are located at least 150 feet from the nearest lot line. (10) Riding academy, provided that: a. It is accessory to a residential use. b. It is operated by an owner or resident of the property. c. The number of horses and farm animals may not exceed the limitations of section 78-419(5). d. No instruction occurs less than 100 feet from a residence on an adjacent property or less than 75 feet from the lot line. (11) Schools, daycare centers, uses accessory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (12) Stock farms, provided that: a. Excluding wetlands and wetland buffers as defined in sections 78-1602 and 78-1605, there are a minimum often ten acres of land devoted to the keeping of animals and the animal density is no more than two animal units an acre on the land devoted to keeping the animals. b. No dwellings are permitted except one for the property owner or the operator of the farm. c. No accessory buildings or structures are permitted other than those allowed for a residential use. (13) Wholesale green houses, provided that: a. All outside storage is fenced so as to screen the stored material from view when observed from all public streets or adjoining lots. b. Greenhouse structures are not located in a required yard area. c. There are no dwellings on the property, except one for the owner or operator of the wholesale greenhouse. d. There are no accessory buildings or structures other than those allowed for a residential use. (14) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located Page 3 on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. c. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. Sec. 78-419. - Accessory uses. Within any RR -1 B one -family rural residential district, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (5) Farm animal structures and enclosures such as barns, chicken coops, paddocks and arenas, horse loafing sheds, etc. (6) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a. For the keeping of horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. For the keeping of more than one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602. b. For the keeping of farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under section 78-1602. c. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with chapter 62, Animals. (7) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3. (8) Fencing subject to the provisions of section 78-1405(7). (9) Signs, as regulated in this chapter. (10) Flagpoles, subject to accessory structure location and height requirements of this chapter. (11) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (12) Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter. (13) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of [section] 26-76, when applicable. Page 4 (14) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (15) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (16) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right- of-way, public boulevard, or required front yard except a designated, improved driveway. (17) Laundry drying equipment. (18) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. Sec. 78-420. - Area, height, lot width and yard requirements. (a) Height. No structure or building in the RR -1 B district shall exceed 2'/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES 2z Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. Page 5 Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard to Street (acres) (feet) (feet) (feet) (feet) (feet) 2 200 50 30 50 _F 50 DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES 2z Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. Page 5 Sec. 78-1432. - Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating the following: (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of title of the property. (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s) upon the document. (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. Sec. 78-1433. - Height restrictions. No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. Sec. 78-1434. - Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404. a. Tennis courts and sport courts. b. Pools, when pool basin structure (excluding none ncroachment-type patios) is greater than 1,000 square feet. c. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Page 6 Lot Area (acres) 0-1.99 2.00-3.00 3.01-3.50 3.51-4.00 4.01-4.50 4.51-5.00 5.01-6.00 6.01-7.00 7.01-8.00 8.01-9.00 9.01 or mor Maximum Individual Accessory Structure Footprint Area (square feet) 1,000 1,200 Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property (square feet) 2,000 2,400 2,800 3,200 3,600 4,000 4,400 4,800 5,200 5,600 6,000 * Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure shall be 30 feet or the defined height of the principal residence structure on the property, whichever is less. Page 7 c. Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Sec. 78-1435. - Location. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. Sec. 78-1436. - Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 8 (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. Sec. 78-1438. - Crowding principal building. No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building. Sec. 78-1439. - Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. Sec. 78-1440. - Exterior materials. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an accessory building and the principal building shall be consistent in design and color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road. Page 9 A113AV-09-Mll-t ; v Ldn-dod paogar al isigAgi 4UdLUwUAr4, t op 009LS �3AV 4Iaege6 al zosllan wor/Gane•nluwnn sues a Ul e aun p ; g3ey e� a zal�dea - laud a supe; soUanbl�� 38 09-117-23 110007 38 09-117-23 13 0009 CITY OF ORONO KENT H & JUDITH B HODDER 335 BROWN RD 2640 NORTH SHORE DR CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 09-117-23 11 0008 38 09-117-23 140001 BRIAN & JULIE SETZER ROBERT GUMNITIFRANCES GRAHAM 16830 VENTURA BLVD STE 501 PO BOX 85 ENCINO CA 91436 CRYSTAL BAY MN 55323 38 09-117-23 110009 38 09-117-23140007 MARNA W FULLERTON TRUSTEE SPOTTED DOG LLC 730 2ND AVE S #1300 1907 E WAYZATA BLVD #300 MINNEAPOLIS MN 55402 WAYZATA MN 55391 38 09-117-23 110010 38 09-117-23240001 JOAN L DAYTON THREE RIVERS PARK DISTRICT 2465 FRENCH LAKE RD 3000 XENIUM LA N WAYZATA MN 55391 PLYMOUTH MN 55441 38 09-117-23 12 0007 PHYLLIS DROHER 880 OLD CRYSTAL BAY RD S WAYZATA MN 55391 38 09-117-23 12 0008 JOHN A & MARGARET W TROUP 890 OLD CRYSTAL BAY RD S WAYZATA MN 55391 38 09-117-23 12 0009 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 09-117-23 12 0010 DAVID W SCHWARTZ 115 PASTURES LA NEW CANAAN CT 06840 38 09-1 t 7-23 13 0004 LARRY L & SANDRA H BERGER 1150 OLD CRYSTAL BAY RD S WAYZATA MN 55391 RECEIVED 38 09-117-23 13 0006 KEN1020 OL L ELLICRYSTAL i 5 2016 1020 OLD CRYSTAL BAY RDS � � � � � AUGMV WAYZATA MN 55391 �' CITY OF ORONO Twi0965I Nasbp3 dn-dad asodxe �� jaded pmj ems owidula1®l eAv esn ® � i a4 aull ouole puag v i slagel ®lead llse3 Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 8/4/2016 •12 m 091.17.23=-11 r ° l+ 04-117-23-43 P 04-117-23-44 $` French CrPark rA7 3- A. 09-117-23-12 09 - •12 m 091.17.23=-11 r ° l+ $` French CrPark rA7 3- A. r ry °°flYyi K P� 09 - Buffer Size: 350 feet Map Comments: R J GUMNIT 8i F H GRAHAM 1100 Old Crystal Bay Road South Orono, MN 55391 ' 091.17.23=-11 $` French CrPark ' F tP4 i r J.y YY �y '�}�,I -• f��-,� Uzi' �,A ': 41, -'' �' Sssf Fuv'4 'y h�9,1.ca aA.r..,• S4 �},'� �,R }'r -117-23-14 ~ ti $tt vS Y Y' J 13 9-117-23-14 0 RECEIVED AUG ri 52016 CITY OF ORONO 0 120 240 480 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@henneus3 Date Application Received: 08/17/16 Date Application Considered as Complete: 08/23/16 60 -Day Review Period Expires: 10/22/16 REQUEST FOR COUNCIL ACTION Date: 30 September 2016 Item No. 8 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y100 Y"-4 Planning Title: Planner Item Description: #16 -3864 -Peter Eskuche o/b/o Graham Merry -500 Willow Drive S-Var & CUP — Resolution Application Summary: This application contemplates construction of a new residence and 1,450 square foot carriage house/guest house. The property is in the RR -113 district and has just over 4.0 acres in area; a guest house is permitted via a conditional use permit (CUP). The owners wish to construct the guest house prior to the main residence; they have also planned to construct the new residence farther from the street than the guest house. Therefore, in addition to the CUP for the guest house use, a variance to allow the accessory guest house closer to the street than the principle structure is also requested. Planning Commission Recommendation On September 19, 2016 the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the variance and CUP as proposed including requiring the standard covenants. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council's consideration. Once the principal structure is constructed, the guest house will be considered an oversized accessory structure requiring additional covenants. Both OAS covenants and guest house covenants are included in the resolution. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Survey & Proposed Plans Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. PC Minutes - Draft Exhibit E. PC Staff Report Exhibit F. PC Exhibits 0 30 60 120 SCALE IN FEET 6-083A 66 INV= (942.66) 18" CMQ— 1--�• 6 INJ�= I (943.26) I \'OWERn( W >� O N o J I U/ i CERTIFICATE OF SURVEY FOR GRAHAM MERRY 41F LOT BLOCK WILLOW KNOLL HENNEPIN COUNTY, MINNESOTA •YmiTIN9 571.53 NRAHS SIHL 20 293.33 —y---------- — ... OQ` ADJOINING DJOININGI /�DRIVEWAY I II I I I I\o\ II I \/ / \ _ \ \ I II \ 2o ----------------- 10 OR OC M M 296.0n --------------- - ... 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Z OJZO z �L)� a Uj Uj=M oo �o�Ol mo o ao N W_F- Za 00 m % \ I I / // / / I I I Q.s O V A Or - 0 I I I �/ / / / I I I �' \ORS \ \ ( // / / I I I �� W ov,� m / / 253.0..---------- - ---- \------------ 5(n 4 \ \ / � z -------- / I I I I..------------ -... \ - - \ m \ \ \ \ \ I I / / I I 1 v, z 10 I / I I I I I v v � v , A V A \ V A I // / I I a) �`� z \ 0- E o w Cn mCC z I— /---- i _ _I_ I _ I _ o T fi I I— ----- ------ \ I� ---- --- I --I-----/ -----/ --- I ��0�� /Lo cu I�� (/ S 89°'h9�48� \E \\ \5700.�O \\ \\ \ \ \ \1 1 / I "La)) E I I I I I \\ \\ \ \ \ C� N I I I v A V A\ \ I ( _ Qcu .� -C (U w ME I I LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 1, Block 1, WILLOW KNOLL This survey shows the boundaries of the aove described property, and the proposed location of a proposed guest house and driveway, and proposed grading. It does not purport to show any other improvements or encroachments. Iron marker set —%2— : Existing contour line [ED : Proposed contour line 956.0 Proposed spot elevation im z (D 9-1 _•_ „ADJOINING89046'01" E 571.53 SLI ENCROACHES SLIGHTLY N �6 ,20 � — / --- -- —1 — 1 --- ��-------�..— 293.33 --_._.-------... ----------- 1 1 ~ Ao����� S 1 9S2-- C) S 1 1 Lo I-.-._.. 29fi_0 \ \ s i lcr, ------ --------------------- '---.--------- •--/------------ ----- --• -----• ---------- — •---.......-•----•-- --• - --- ..........._......------------------------------ {n 1 I i 1 ! I � I I--�------- - � � \ �I l 95640: 26; l� / (01 Iy/ 1 I IR t 1 I 253.0 -------------------------------........ ........ j....... ..... / \ \----------------------•--••------------•----- m 10 NJ 1 I - - -- 4W, v. FA VOW tilllips t# - s CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1434,78-1436 and 78-1437 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. 16-3864 WHEREAS, Graham Robert Merry and EBzabeth Page Merry, a married couple (hereinafter the "Applicants"), are the owners of the property located at 500 Willow Drive South and legally described as: Lot 1, Block 1, Willow Knoll, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on August 17, 2016, the Applicants made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1434, 78-1435 and 78-1437 to permit construction of an approximate 1,450 square foot gues' house to be constructed closer to the street than the principal structure on the Property; and WHERM, the Applicants also request a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418which permits plumbing including a shower or bathtub within an accessory building that is conforming in location, size, and height; and WHEREAS,, on September 19, 2016, after published and mailed notice in accordance with Mirrmsota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the variances and conditional use permit as requested; and WHEREAS, on October 10, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances and conditional use permit as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3864. T ne analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR -1 B, One Family Rural Residential Zoning District. 3. The Property contains 4.02 acres in area and has a defined Tot width of 311 feet. 4. The Property is within Tier 5 and hardcover is not limited according to the Stormwater Quality Overlay District. 5. Applicant has applied for the fallowing variance[s]: a. Variance to permit duction of a guest house closer to the street than the principal structure (Sections 78-1434 and 78-1435). b. Variance to permit plurrlbing consisting of a shower or bathtub in an accessory building closer to the street than the principal structure (Section 78-1437). 6. The Applicant has applied for the following conditional use permit: a. Guest house CUP (Section 78-448) 7. In considering this application for variances and conditional use permit, the Council has considered the advice and -recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the eff*ct on values of property in the surrounding area. ANALYSIS: Variance Analysis; 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance." The proposed variances will be in harmony with the intent of the Zoning Code as the proposed accessory structure will be screened from view by the topography and vegetation that exists between the proposed structure and Willow Drive. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." The variances would allow for the guest house to be located in the most screened portion of the Property. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property ownerin question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a guest house, essentially a secondary and subordinate residence, in the proposed location is consistent with principal structure setbacks and is reasonable on this rural 4 acre residential property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property is undeveloped and can be built to conform. However, existing topography and property line tree stands a conforming development would impact the existing topography and vegetation in a negative way. The characteristics of the Property result in a unique circumstance allowing for the 1,450 square foot guest house to be almost completely screened from views off the Property. C. The variance, if granted, wN not alter the essential character of the locality." The guest house will not be visually obtrusive when viewed from off of the Property. Based on the proposed plans, the guest house will appear as a typical residential structure when viewed off site. This condition is met. 4. "Economic cor.3iderations alone do not Constitute practical difficulties." The Applicants have not requested consideration based on economic reasons. 5. "Practical difficulties also iidude but are not. limited to inadequate access to direct sunlight for sdar energ7l systems. Variances $hall be granted for earth -sheltered construction as defined in Minn. Stat. § 21.06, subd. 2, when in harmony with Orono City Code Chapter 78" This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." The residential use on this residential property is permitted. This criterion is not applicable. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property exceeds the minimum 4.0 acre requirement to permit a guest house and contains a perimeter of coniferous trees for CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. screening from Willow Drive. The guest house will be situated behind the knoll on the Property; the roof will be visible looking into the Property approaching northbound on Willow Drive. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property has just over 4.0 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated that this is true. 11. "The granting of the proposed variance cell not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.' The Property is vacant and the opportunity exists to construct a gums; house in a conforming location. However due to the screening the knoll and the topogrAphy WH provide, the proposed location will be the least impactful; the variances are necesry. Conditional Use Permit Aha The Planning Commission may recommend and the Council may grant a conditional use permit as it 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: Consistent with the community management plan (CMP). The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The guest house/accessory building will be conforming in location, size and height for a principal structure on the Property; it's location streetward of the principal structure requires a variance. 3. Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Provided with an adequate water supply and sewage disposal system. The proposed guest house will be served by an adequately sized private septic system and private well. 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 proposed addition to the detached garage for the guest house space is residential in character and its use is expected to be compatible with the surrounding area. 7 Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The guest house is residential in visual character and is expected to be compatible with the surrounding area. 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 architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal structure on the Property. 9. Not expected to substantially impair the use and enjoyment of the properties 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 use of the structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The guest house will be set into the topography and will not be significantly visible when viewed from off the Property. In the opinion of staff, additional screening or buffering will not be required. 1. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed guest house use 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 CITY OF ORONO RESOLUTION OF THE CITY CO[ NI CH, NO. unsafe access. It is anticipated that the proposed guest house 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 proposed guest house will not affect these features or have a negative environmental impact. 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. Applicants are hereby advised of this requirement; and 15. Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. CONCLUSIONS, ORDER 6W CQNDITIONS; Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Cale Sections 78-1434 and 78-1435 which require accessory buildings to be located no closer to the street than principal structure, and 78-1437 which permits plumbing consisting of a bifttub or shower within an accessory structure that is conforming in location, size, a'td height in crder to pwmrt construction of an approximate 1,450 square foot guest house to be cc:lstructed ckxw to the streot than the principal structure on the Property; and grants e, conditional use permit want to Orono Municipal Zoning Code Section 78-418 which permits plumbing including a shower or bathtub within an accessory building; subject to the following cond;tions. 1. Council approval i's based on the survey.byGronberg & Associates dated August 23, 2016 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits ' A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. All exterior fighting associated with the guest house shall be downward cast and not directed off the Properly. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the approvals will expire on that date (October 10, 2017). 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL M 4. The Applicants agree to covenant the following regarding the guest house: a. The guest house is for sole use by the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessary structure must be removed if no principal structure has been constructed. c. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meetts the minimum lot area requirement for the given size of accessory building. d. In subdivision approval, the setback required for the oversize accessory structure shall remain. 5. Violation of or non-compliance with any of -.ice terms and conditions of this resolution shall constitute a violation of the zoning code, shaK automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 receding of this resolution in the chain of title of the Property. ADOPTED by the.Orono City Council on this 1 Ot' day of October, 2416. ATTEST: C y&_1K6 W4IZ9P�L03 Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Property Owner This instrument was acknowledged before me this _, day of 2016, by Graham Robert Merry, husband of Elizabeth Page Merry. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged iwledged before me this _ day of 2016, by Elizabeth Page Merry, wife of Graham Robert Merry. Notary Public 8 Resolution Exhibit A WILLOW DRIVE --- -------- ----- . I t----�--__— aroHUN �----- I/ T FME r/ / / ---- w i i' i % ' % / / -- r = h ago m ill +l / '' _ '�~ r / x / r Z i _ =a m 1c 0 ® ---------- 2 Zr m C I Z0�m (A X I - I j ;1 1 �1► 00 70 ---------------- 1`w-_SOOR966'E 51�A0—_------: I �n w�"" o Nra� GRONSERG & ASSOCIATES, INC. way ww.de�.r°.ax`.wr "'v GYIL En�14,L/JW66RV"0m'LAMPL M16" -+' PE+uw 445 N. WLLOW DRIVE LONG LAKE, NN 66566 PNGNE: 66$/751747 FAX: S6Y1751456 kix -r t a Vii, T Awe WMU r go L3 ippwp09 •�_ .- �� , �� .�', art NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 ZONING FILE DATE OF NOTICE TO: Peter Eskuche COPIES: Peter Eskuche 700 East Lake St Graham Merry Wayzata, MN 55391 TYPE OF REQUEST: Guest House CUP/Variance DATE OF MEETING: 19 September 2016 #16-3864 19 Sept 2016 The Orono Planning Commission voted on a motion to recommend approval of the guest house CUP and variance as requested. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, October 10th 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(Oci.orono.mmus or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. 6. #16-3864 PETER ESKUCHE ON BEHALF OF GRAHAM MERRY, 500 WILLOW DRIVE SOUTH, VARIANCE AND CONDITIONAL USE PERMIT, 6:43 P.M. — 6:49 P.M. Peter Eskuche, Applicant, was present. Curtis stated the owners of the property at 500 Willow Drive South wish to construct a new residence and guest house on the property. The property is within the two -acre RR -1B zoning district and is just over 4.0 acres in area. Therefore a guest house is permitted via the guest house conditional use permit. The owners wish to construct the guest house prior to construction of the main residence and have planned to construct the main residence farther from the street than the guest house. Therefore, in addition to the conditional use permit for the guest house use, the applicants are requesting a variance to allow the guest house streetward of the principal structure.. Because the guest house is proposed to have an approximate 1,450 square foot footprint, it is considered to be an oversized accessory structure. The property is over 4.0 acres and is permitted one oversized accessory structure up to 1,600 square feet. An OAS must meet principal structure setbacks. The property has been tested and viable septic sites have been located. The applicant is still developing a final plan to be reviewed by the building official. The Planning Commission may choose to review the practical difficulty criteria contained in Staff's report. Staff find the criteria permitting a guest house conditional use permit have been satisfied. Regarding the variance for the location of the guest house to be closer to the street than the principal structure, Staff finds that the location of the guest house makes sense. While technically the proposed use for the undeveloped property can be accomplished in keeping with the Code, the location shown is potentially the least impactful to adjacent neighbors. A list of signatures of supporting neighbors as well as supporting comments from both of the adjacent neighbors have been provided and have been included in the Planning Commission packet. In accepting this conditional use permit, the property owner will be required to agree to the filing of a covenant in the title of the property providing that the accessory building will not be: Used for a home occupation unless specifically approved by the City or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. The Planning Commission may consider the following motions: Approval of the conditional use permit for the guest house and variance permitting the guest house in the location proposed. 2. Approval of the conditional use permit for the guest house; denial of the setback variance. 3. Denial of the conditional use permit and variance. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. The Planning Commission had no questions for Staff. Peter Eskuche, Architect, stated he is here representing the property owner and will be available to answer any questions. Chair Thiesse opened the public hearing at 6:47 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:47 p.m. Thiesse commented the application appears reasonable and that the guest house will not be very obvious from the road. Schwingler stated the proposed location is a logical spot for the building. Schoenzeit asked if the two buildings will be compatible aesthetically. Curtis stated that is the plan. Leskinen commented the request is reasonable. Lemke asked if there is a basement. Curtis stated it is a tuck -under garage. Lemke moved, Leskinen seconded, to recommend approval of Application No. 16-3864, Peter Eskuche on behalf of Graham Merry, 500 Willow Drive South, granting of a conditional use permit and variance permitting the guest house in the location proposed subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Date Application Received: 08/17/16 Date Application Considered as Complete: 08/23/16 60 -Day Review Period Expires: 10/22/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WGG Date: 13 September 2016 Subject: #16-3864, Peter Eskuche o/b/o Graham Merry, 500 Willow Drive S, Variance & CUP Public Hearing Application Summary: The applicant is requesting approval of a conditional use permit to permit a guest house on the property. The guest house will be constructed prior to the principal structure, yet once the home is built, the guest house will be streetward of the principal structure requiring a setback variance. Staff Recommendation: Planning Department Staff recommendation — See Page 6-7. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. City Code Excerpts Exhibit F. Public Comments Received Exhibit G. Aerial Photos —Staff Exhibit H. Photos - Applicant Exhibit 1. Property Owners List Exhibit J. Plat Map Background The owners of the vacant property at 500 Willow Drive South wish to construct a new residence and 1,450 square foot carriage house/guest house. The property has just over 4.0 acres in area, therefore a guest house is permitted via a conditional use permit. The owners wish to construct the guest house prior to the main residence; they have also planned to construct the new residence farther from the street than the guest house. Therefore, in addition to the conditional use permit (CUP) for the guest house use, a variance to allow the accessory guest house streetward of the principle structure is also requested. FILE # 16-3864 13 Sept 2016 Page 2 of 7 LOT ANALYSIS WORKSHEET Section 78-420 & 78-1434 — Guest House Setbacks: Because the guest house is proposed to have an approximate 1,450 square foot footprint it is considered to be an oversize accessory structure (OAS). The property is over 4.0 acres and is permitted one OAS up to 1,600 square foot footprint. An OAS must meet principal structure setbacks. RR -1B Required Proposed Front 50' 253' Rear 50' 290' North Side 30' 215' South Side 30' 30.2' Section 78-420 - Lot Area/Width: RR -16 Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 175,068 s.f. (4.02 acre) 311' Section 78-1403- Structural Coverage: The property exceeds 1.99 acres in area; therefore it is not subject to the 15% structural coverage limitation. Section 78-1680 -Hardcover Calculations: The property is located in Tier 5, and is exempt from hardcover limitations. Applicable Regulations: Setback Variance (Code Sections 78-1434(3)(a) & 78-1435 The applicant is proposing to construct a new residence and a guest house/carriage house on the property. Although the guest house will meet all the required principal structure setbacks, they propose to construct the guest house in a location that will eventually be closer to the street than the residence. A variance is required. Guest House Conditional Use Permit (City Code Section 78-4 The property is within the RR -1B zoning district which requires a minimum of 2.0 acres per lot. The Code provides for a guest house use on properties with twice the minimum acreage for the respective district. In this case 4.0 acres is required; the property meets this requirement. The guest house and OAS covenants apply. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is FILE # 16-3864 13 Sept 2016 Page 3 of 7 demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance will be in harmony with the intent of the Zoning Code as the proposed structure will be screened from view by the topography and vegetation that exists between the proposed structure and Willow Drive. 2. The variance is consistent with the comprehensive plan. The variance would allow for the guest house to be located in the most screened portion of the property. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a guest house, essentially a secondary and subordinate residence, in the proposed location is consistent with principal structure setbacks and is reasonable on this rural 4 acre residential property. There are circumstances unique to the property not created by the landowner; The property is undeveloped and can be built to conform. However, existing topography and property line tree stands a conforming development would impact the existing topography and vegetation in a negative way. The characteristics of the property result in a unique circumstance allowing for the 1,450 square foot guest house to be almost completely screened from views off the property; and The variance will not alter the essential character of the locality. The guest house will not be visually obtrusive when viewed from off of the property. The guest house will appear as a typical residential structure when viewed off site. This condition is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property exceeds the minimum 4.0 acre requirement to permit a guest house and contains a perimeter of coniferous trees for screening from Willow Drive. The guest house will be situated behind the knoll on the property; the roof will be visible looking into the property approaching northbound on Willow Drive. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The property has just over 4.0 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that this is so. FILE # 16-3864 13 Sept 2016 Page 4 of 7 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property is vacant and the opportunity exists to construct a guest house in a conforming location. However due to the screening the knoll will provide, the applicant has indicated the variances is necessary. The requirement that an accessory structure be located behind the principal structure is intended to protect the street character by adding separation between these accessory structures (usually garages, sheds, and barns) and the street. Typically, these accessory structure have less visual design appeal, when compared to principal structures. In this situation, the accessory building will appear to be a house. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. 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 proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house/accessory building will be conforming in location, size and height for a principal structure on the property; it's location streetward of the principal structure requires a variance. 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; The proposed guest house, as well as the principal residence, will be connected to an adequately sized private septic system and a private well. S) 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 proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house is residential in visual character and is expected to be compatible with the surrounding area. FILE # 16-3864 13 Sept 2016 Page 5 of 7 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 architectural styling of the proposed building is expected to be residential in character and consistent with that of the principal structure to be constructed on the property. 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; A guest house when used under the CUP requirements for said use is not anticipated to have any adverse effects on the neighborhood. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The guest house will be set into the topography and will not be significantly visible when viewed from off the property. In the opinion of staff, additional screening or buffering will not be required. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed guest house use 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; It is anticipated that the proposed guest house 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 proposed guest house will not affect these features or have a negative environmental impact. 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; Applicants shall be advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. 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. Covenants Required In accepting this conditional use permit, the property owner will be required to agree to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances Additionally, as the guest house is classified as an OAS, additional covenants are applicable as follows: Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: FILE # 16-3864 13 Sept 2016 Page 6 of 7 4. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 5. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 6. In subdivision approval, the setback required for the oversize accessory structure shall remain. Septic System Status The property has been tested and viable septic sites have been located. The applicant is still developing a final plan to be reviewed by our Building Official prior to permitting. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties and Conditional Use Permit Analysis Staff finds the criteria permitting a guest house conditional use permit have been satisfied. Regarding the variance for the location of the guest house to be closer to the street than the principal structure, staff finds that the location makes sense. While technically the proposed use for the undeveloped property can be accomplished in keeping with the Code, the location shown is potentially the least impactful to adjacent properties. Engineer Comments The City engineer has performed a cursory review of the site plans and identified no immediate concerns. A comprehensive review of the plans will be conducted at the time of the building permit application. Public Comments The applicant has provided a list with signatures of supporting neighbors as well as supportive comments from both of the abutting neighbors on the north and south. The planning commission should note the comments attached as Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the CUP and variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested CUP and variance(s)? 4. Are there any other issues or concerns with this application? Planning Commission Options for Consideration The Planning Commission may consider the following alternative motions: FILE # 16-3864 13 Sept 2016 Page 7 of 7 1. Approval of the CUP for the guest house use and variance permitting the guest house in the location proposed. 2. Approval of the CUP for the guest house use; denial of the setback variance. 3. Denial of the CUP and variance. Approval of the CUP for the guest house will also require the guest house and OAS covenants be recorded against the property. RECEIVED City of Orono AUO 17`2016 Variance Application CITY OFORONO Q O 1y- O Street Address: 2750 Kelley Parkway Orono, MN 55355 Application # Date Received. Staff Main: 952-249-4600 fax: 952-2494616 Fee: Mailing Address: Escrow # & $ P.O. Box 66 Crystal Bay, MN 55323-0066 Permit Fee �•65H0 I 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 Agenda. SITE LOCATION: 500 Willow Dr S Orono, MN 55356 DESCRPTION OF REQUEST: _Accessory structure in front of Primary structure (attached additional sheets as necessary) - APPLICANT I AGENT INFORMATION: Applicant Name: Peter 5skuche Phone (Primary): 612-296-7575 _— Applicant Email: peter.eskuche@nor-son.com Address: 700 East Lake Street City: ZIP: Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: ❑ check here if property owner is same as applicant Name: AeY Phone (Primary): -_ - Mailing Address: MYO Cit : 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) andlor 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 representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: Applicant/Agent Signature: Date: Property Owner Signature: J00'Date: Property Owner Signature: Date: Variance Application - May 2016 Page 2 #3aba City of Orono Conditional Use Permit Application Street Address: Application # �� ��Q �p O A rO 2750 Kelley Parkway Orono, MN 55356 Date Received: ! / _ /110 . Main: 952-249-4600 Staff i€ fax: 952-249-4616 Fee. APPLICANT 1 AGENT INFORMATION: Applicant Name: Peter Eskuche Phone (Primary): 612-296-7575 Applicant Email: peter.eskudve@nor-son.com Address: 700 East Lake Street City: WltrrMW ZIP: Applicant is: <1 ontractor Homeowner (Circle One) Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: APPLICANT 1 AGENT INFORMATION: Applicant Name:` Phone (Primary): 2 Applicant Email: peter.eskuche-@nor-son.com Address: 700 East Lake Street City: Wayzata ZIP: 55391 Agent Name: Agent's phone number Agent Email: Applicant is: Contractor Homeowner (Circle One) PROPERTY OWN Name: Phone (Primary): Mailing Address: Email: 17 check here if property owner is same as applicant 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 representative attend in place of the applicantlowner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: I&- lG - lG Applicant/Agent Signature: - Date: Property Owner Signature: Date: 10116114 RECEIVIM Property Owner Signature: Date: / AUOcc CUP Application — January 2016 1 U Page 2 3864 CITY OF ORONO City of Orono Pre -Application ication Meeting Fort (This form is to be completed by a City Planner during your pre -application meeting.) For Office Use Only- City n :City Planner: Meeting Date/Time: PC Date: Met with: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, Inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMA Site Address: I Property Identification ur Zoning District: LAND USE REQUESTS: ❑ Appeal of Administrative Decision ❑ PID ❑ Other. 0 Size of Property: ❑ Commercial Site Plan Review ❑ PUD - Residential ❑ PUD - CommPrcia ❑ Comprehensive Plan Amendment ❑ RPUD, without ❑ Easement ! ROV Vacation, without subdivis ❑ Zoning Arnendrn -- 'including Rezoni CONDITIONAL USE PERMIT REQUESTS: ❑ Amend Existing CUP ❑ Commercial 1 Industrial Use ❑ Duplex Credit per bldg) ❑ Grading and filling — ❑ Grading and filing — ❑ Grading and filing — with 75 feet of OHWL 5� c or more Wetland and flood lain includes seawalls and r tai walls nest House 1 ❑ Institutional sidential 1 rest Apartment Type: ❑ Renewal of CUP Reside"al A sso Use T e: Applicant's BILLS AND ESCROW: The land use application fee is for city staff time and overhead Initials: costs only. Owner and/or Applicant shall pay for consultant expenses incurred in review of Owner's this application and/or additional staff time not covered in initial application fee, as well as Initials: provide an escrow in the amount of $7r2M — __ to guarantee payment of the above. OTHER INFORMATION: *Please note: Your land use or conditional use permit will NOT be accepted without a pre -application meeting during which this form " cWpleted by City staff. Applicant Signature. Owner Signature: CUP Apgpycation — January 2096 Date; d 4:5 - / Date: l dlarl, °"' # 3864 RECEIVED AUG 172016 CITY OF ORONO City of Orono Variance Pre -Application Meeting Form (This form is to be completed by a City Planner during your pre -application meeting.) For Office Use Only City Planner: 4 Meeting Date/Time: PC Date: Met with: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION:- Site Address: V" IVI V i�Y►' 4!3� Property IdentificationNumber (PIN): Zoning District: f2 -l(> Size of Property: DESCRIPTION OF VARIANCE REQUEST: ❑ Average Setback 0 Side Yard Setback ❑ Hardcover Tier 1 Lot Coverage Other: ❑ Hardcover Tier 2 13 Lot Area 0 Rear Yard Setback 0 Hardcover Tier 3 0 Lot Width ❑ Lake/Front Yard Setback 0 Hardcover Tier 4 Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials: Difficulties Documentation Form, understands it as it has been explained to them, and Is aware that it must be completed and submitted in conjunction with their Owner's Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: I incurred in review of this application and/or additional staff time not covered in initial pplication fee, as well as provide an escrow in the amount of $. :`# . to Owner's 9�#guarantee Initials: payment of the above. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre -application meeting during which this form will be completed by City staff. Applicant Signature: Date:00 _ Owner Signature: Date: AVu Varrance AppTfcaHon —May 2018 � Page 3 3864 CIl'Y OF ORONO PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided-- 1. rovided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." Yes, the owner proposes to live in the single family home and use the accessory structure for storage of equipment vehicles like many of the neighbors and occasional guest use. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The property grading on the south side is very steep, making it difficult to build a single family home there. It is more practical to build the larger structure to the north side where the property grades gently and build the accessory structure on the south side, closer to the street. 3. "The variance, if granted, will not alter the essential character of the locality." Correct, if approved, this proposal will be fitting both aesthetically and positionally within the locality. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." The circumstances of this practical difficulty are created by site characteristics, not cost" 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." n/a 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." Variance Application —May 20 76 AUG 1 7.2016 Page 4 3864 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." nfa 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The grading properties that create the practical difficulty are peculiar to this property. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The grading properties that create the practical difficulty are peculiar to this ,:r;- 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Yes, without the granting of this variance, the difficulty of the grading and subsequent positioning of the buildings creates a condition that prevents the client from enjoying the property substantially different than for which is was purchased and is not due to anything the client created. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The granting of the proposed variance will not in any way impair the above and in fact, is in line with other neighbors properties creating a context rural in nature and fitting to the property historically. 12. "The granting of such variance will not merely serve ati a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The grading of the property creates a practical difficulty that is illustrated by the submitted documents and as viewed on-site. The proposal to place the accessory structure closer to the road than the primary home is what is needed to allow the property to alleviate the difficulty. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): The architectural team, surveyor, owner and other consultants have studied this property and its characteristics. The applicant submits that the natural grading and soils creates a practical difficulty preventing the owner from using the property without the granting of this variance_ This property has yet to have any structure placed on it due to these challenges. This proposal aligns with the city of Orono's Philosophy as stated below: "Protect and preserve Lake Minnetonka, its water quality, and its recreational assets. Protect and preserve our many natural resources and open spaces. Preserve our distinct urban and rural land use patterns and lifestyles. Preserve our local character and identity." The proposal in this application would situate the accessory structure closer to the street than the primary single family residence. The proposed structure will have a rural aesthetic that fits well into the historical fabric of Orono. The position of the rural building would nod to the history of older properties where that was the case. There are examples of accessory buildings positioned closer to the street within a mile of this property. As submitted, the primary home is proposed 246' from the roadway lot line where the grading will accept a single family home. The accessory structure is proposed 253'f rom the roadway lot line. This distance is similar to many of the homes nearby. The grading is very steep on the southern part of the property. Any other locations proposed for the primary and accessory structure would have created unusual and severe modifications to the topography ruining the natural character of the property. KiECOVED Variance Application — May 2018 AUO 17-2016 Page 5 # 3864 CITY OF ORONO _•_ „ADJOINING89046'01" E 571.53 SLI ENCROACHES SLIGHTLY N �6 ,20 � — / --- -- —1 — 1 --- ��-------�..— 293.33 --_._.-------... ----------- 1 1 ~ Ao����� S 1 9S2-- C) S 1 1 Lo I-.-._.. 29fi_0 \ \ s i lcr, ------ --------------------- '---.--------- •--/------------ ----- --• -----• ---------- — •---.......-•----•-- --• - --- ..........._......------------------------------ {n 1 I i 1 ! I � I I--�------- - � � \ �I l 95640: 26; l� / (01 Iy/ 1 I IR t 1 I 253.0 -------------------------------........ ........ j....... ..... / \ \----------------------•--••------------•----- m 10 NJ 1 0 30 60 120 SCALE IN FEET 6-083A 66 INV= (942.66) 18" CMQ— 1--�• 6 INJ�= I (943.26) I \'OWERn( W >� O N o J I U/ i CERTIFICATE OF SURVEY FOR GRAHAM MERRY 41F LOT BLOCK WILLOW KNOLL HENNEPIN COUNTY, MINNESOTA •YmiTIN9 571.53 NRAHS SIHL 20 293.33 —y---------- — ... OQ` ADJOINING DJOININGI /�DRIVEWAY I II I I I I\o\ II I \/ / \ _ \ \ I II \ 2o ----------------- 10 OR OC M M 296.0n --------------- - ... Il-.-.-/ -.... f- \ m w o N / 0 U)l l 956.0 1 26 ■ tC W)LO ZwV)44 z ur) et' V♦ J Z WQ a- nN W Y.A ' 0) Q J � V O O (� U. (� >- w> Z O J Q U) Uj > V 06zzW.4 J Ui M LVzJ WO ;n a) .. Z OJZO z �L)� a Uj Uj=M oo �o�Ol mo o ao N W_F- Za 00 m % \ I I / // / / I I I Q.s O V A Or - 0 I I I �/ / / / I I I �' \ORS \ \ ( // / / I I I �� W ov,� m / / 253.0..---------- - ---- \------------ 5(n 4 \ \ / � z -------- / I I I I..------------ -... \ - - \ m \ \ \ \ \ I I / / I I 1 v, z 10 I / I I I I I v v � v , A V A \ V A I // / I I a) �`� z \ 0- E o w Cn mCC z I— /---- i _ _I_ I _ I _ o T fi I I— ----- ------ \ I� ---- --- I --I-----/ -----/ --- I ��0�� /Lo cu I�� (/ S 89°'h9�48� \E \\ \5700.�O \\ \\ \ \ \ \1 1 / I "La)) E I I I I I \\ \\ \ \ \ C� N I I I v A V A\ \ I ( _ Qcu .� -C (U w ME I I LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 1, Block 1, WILLOW KNOLL This survey shows the boundaries of the aove described property, and the proposed location of a proposed guest house and driveway, and proposed grading. It does not purport to show any other improvements or encroachments. Iron marker set —%2— : Existing contour line [ED : Proposed contour line 956.0 Proposed spot elevation im z (D 9-1 I - - -- 4W, v. FA VOW tilllips t# - s PC Exhibit E DIVISION 6. - RR -113 ONE -FAMILY RESIDENTIAL DISTRICT Sec. 78-416. - Purpose. The RR -1B one -family rural residential district is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity. Sec. 78-417. - Permitted uses. Within any RR -1 B one -family rural residential district, no land or structures shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. c. If the city proposes amendment to the approved design plans or the placement of the structure, notice of the proposed changes shall be mailed to all property owners within 350 feet of the parcel on which the structure is to be located. If the proposed structure is to be located within a public right-of-way, property owners within 350 feet of the structure shall be mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the council meeting at which the amended plans will be considered. (2) Gardens. (3) Municipal buildings. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (5) One -family detached dwellings. (6) Personal wireless service antennas and towers. ((Antenna details removed to conserve space.)) (7) Publicly owned parks and playgrounds. Sec. 78-418. - Conditional uses. Within any RR -1 B one -family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use. b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Guest houses and nonrental guest apartments. Page 1 a. Guest houses, provided that: The lot is at least two times the minimum lot area required by this section; and The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. Guest apartments with exterior ingress and egress, provided that: The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (3) Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: ((Antenna details removed to conserve space.)) (4) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: Used for a home occupation unless specifically approved by the city or if allowed by this Code. Used as a dwelling unless a guest house conditional use permit is obtained. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (7) Public libraries, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. (8) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and Page 2 b. The architectural design of the structure is compatible with the architectural design of the surrounding area. (9) Public stables and barns, provided that: a. The public stable or barn is accessory to a residential use. b. Such structures are located at least 150 feet from the nearest lot line. (10) Riding academy, provided that: a. It is accessory to a residential use. b. It is operated by an owner or resident of the property. c. The number of horses and farm animals may not exceed the limitations of section 78-419(5). d. No instruction occurs less than 100 feet from a residence on an adjacent property or less than 75 feet from the lot line. (11) Schools, daycare centers, uses accessory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (12) Stock farms, provided that: a. Excluding wetlands and wetland buffers as defined in sections 78-1602 and 78-1605, there are a minimum often ten acres of land devoted to the keeping of animals and the animal density is no more than two animal units an acre on the land devoted to keeping the animals. b. No dwellings are permitted except one for the property owner or the operator of the farm. c. No accessory buildings or structures are permitted other than those allowed for a residential use. (13) Wholesale green houses, provided that: a. All outside storage is fenced so as to screen the stored material from view when observed from all public streets or adjoining lots. b. Greenhouse structures are not located in a required yard area. c. There are no dwellings on the property, except one for the owner or operator of the wholesale greenhouse. d. There are no accessory buildings or structures other than those allowed for a residential use. (14) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located Page 3 on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. c. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. Sec. 78-419. - Accessory uses. Within any RR -1 B one -family rural residential district, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (5) Farm animal structures and enclosures such as barns, chicken coops, paddocks and arenas, horse loafing sheds, etc. (6) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a. For the keeping of horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. For the keeping of more than one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602. b. For the keeping of farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under section 78-1602. c. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with chapter 62, Animals. (7) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3. (8) Fencing subject to the provisions of section 78-1405(7). (9) Signs, as regulated in this chapter. (10) Flagpoles, subject to accessory structure location and height requirements of this chapter. (11) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (12) Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter. (13) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of [section] 26-76, when applicable. Page 4 (14) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (15) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (16) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right- of-way, public boulevard, or required front yard except a designated, improved driveway. (17) Laundry drying equipment. (18) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. Sec. 78-420. - Area, height, lot width and yard requirements. (a) Height. No structure or building in the RR -1 B district shall exceed 2'/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES 2z Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. Page 5 Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard to Street (acres) (feet) (feet) (feet) (feet) (feet) 2 200 50 30 50 _F 50 DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES 2z Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. Page 5 Sec. 78-1432. - Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating the following: (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of title of the property. (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s) upon the document. (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. Sec. 78-1433. - Height restrictions. No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. Sec. 78-1434. - Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404. a. Tennis courts and sport courts. b. Pools, when pool basin structure (excluding none ncroachment-type patios) is greater than 1,000 square feet. c. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Page 6 Lot Area (acres) 0-1.99 2.00-3.00 3.01-3.50 3.51-4.00 4.01-4.50 4.51-5.00 5.01-6.00 6.01-7.00 7.01-8.00 8.01-9.00 9.01 or mor Maximum Individual Accessory Structure Footprint Area (square feet) 1,000 1,200 Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property (square feet) 2,000 2,400 2,800 3,200 3,600 4,000 4,400 4,800 5,200 5,600 6,000 * Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure shall be 30 feet or the defined height of the principal residence structure on the property, whichever is less. Page 7 c. Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Sec. 78-1435. - Location. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. Sec. 78-1436. - Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 8 (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. Sec. 78-1438. - Crowding principal building. No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building. Sec. 78-1439. - Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. Sec. 78-1440. - Exterior materials. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an accessory building and the principal building shall be consistent in design and color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road. Page 9 PC Exhibit F September 15, 2016 Dear Ms. Curtis, Members of the Planning Commission, Members of the City Council, Please accept this letter of support regarding the guest residence conditional use permit and variance application of our neighbors Graham and Elizabeth Merry. Elizabeth is my sister and we purchased our adjoining properties together in the spring of 2016. We and the Merry's are both in the process of planning our respective family homes and we anxiously await the day when both families will call Orono our home. The proposed guest residence is intended to be shared by our families. The Merry's lot is larger than ours so we worked together to select a location on their lot that was most beneficial for both families and most respectful of our surrounding neighbors. We support the proposed location and design for the following reasons: 1) The proposed location utilizes the natural contours and slopes of the lot to visually minimize the height and massing of the structure. We find the natural slopes and contours beautiful and are appreciative the Merry's are working to maintain these natural features rather than remove or alter them. The majority of the lower level is beneath grade with a tuck -under garage access. The alternate side yard and rear yard locations that woul(&t require a variance are more flat and would result in a structure that appears much taller. 2) The proposed location is the furthest from and least intrusive to neighboring homes as possible. Our neighbors have approved of this location by signing the Merry's letter of support. 3) The proposed location does not encroach on or affect the views of the wetlands for us or our neighbors. This was really important to us. We love the views out over the wetlands and a guest residence in a conforming location in the side or rear yard would obstruct those sight lines. 4) The proposed structure is much smaller than the maximum allowed size and incorporates a rural aesthetic. We acknowledge and appreciate that the Mercy's will incur significant additional expense to achieve an attractive exterior and a design fitting to the neighborhood. We are essentially the only neighbors that will see the guest house and we approve of the design. Thank you for your consideration of our support for this application. Respectfully, Laura & Brett Bohlander 540 Willow Dr S Melanie Curtis From: cindy bowmanww'--iPPINOW Sent: Monday, September 12, 2016 4:40 PM To: Melanie Curtis Subject: Application 16-3864 500 Willow Drive So Hi Melanie, Cindy and I will try to attend the Planning Meeting Monday September 19th but are just getting back in town that day. In any case we are in tavor of the variance for application 16-3864 submitted by Peter Eskuche for Graham Merry. We have no objections. Thank you, Bill and Cindy Bowman 450 Willow Drive So. C ty of Orono Attention: Zoning Staff and Planning Corna+issio.1 We have met Smith our ne-w nel. hbors, Gra lam and Elizabeth Merry, to discuss their hoane plans, review drawings, ask questions, and share feedback for the propert, at 500 Yillovv give South.. Pleese accept this tette. as Our Support for their zanirg application. ;dame Address .r Al ' �a� �� w,n . � F �,�....��'� �.� 'w � fir' � a ...r-1 ��a,.�-�..w..•'.�r-..,.W.w..s... ..:`ewe.... _ r . /���4' in.. why°}#.r►�IF'!Yc�nF *�� =i=�C ice' �.r 11k�) 1�' -- , iL'iFI L'1 baNF'W `W-+ `F 'iT9 IN aJ U? i ° l .tib "?�`�~' «...k ..,! i 1 e:. _a i x _'�t.5. a.��✓4• J...F ✓ �.r� f�J RECEIVED AUG 3 17016 016 CITY OF ORONO :, ' - h r _ � , - `• JA r� .. .. � :.. Y- fT t } �� f•Y �� � ;y iPr i t ' � - h: � � 1 _ Y�� �._ - � �' � t Ky. }`. 1 �k �'' i 7 � �k , - F',� � �ti; �� a - is . _ +'�- '` - 1 7, Wei}- �. f3� Existing Visual from street # 386a *.A Proposed Visual from street Willow Variance Application 2016-08-17 Street Visuals AUG 172016 CITY OF ORONO eSK N11Ir DESIGN OR -SON Bulld e . ""I. Ik Existing Visual from street # 386a *.A Proposed Visual from street Willow Variance Application 2016-08-17 Street Visuals AUG 172016 CITY OF ORONO eSK N11Ir DESIGN OR -SON Bulld e . 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F - i h t CL ui jib 386A ♦ rT aii:��It��LL �n , '• y AUG 17 2016 , - _ CITY OF ORONO CL CL kv 81 ' _ sIL Icasy reer— Lageis Ak Bend along line to i AVERY® 5960TM Use Avery® Template 51600 Feed Paper — expose Pop-up Edge** 38 03-117-23 23 0022 38 03-117-23 32 0026 AIMEE R GUIDERA NIHAR SHAH & NIMA DESAI WILLIAM J GUIDERA 2300 WILLOW HILL DR 2325 WILLOW HILL DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 23 0023 38 04-117-23 14 0003 JEFF BATA & PAULA BATA WILLIAM R PRIEDEMAN JR 2360 S WILLOW HILL DR 405 WILLOW DR S ORONO MN 55356 LONG LAKE MN 55356 38 03-117-23 32 0011 38 04-117.23 41 0011 RICHARD JR & DEBBIE PERRY JULIE A LINDBLOOM 440 WILLOW DR S 2690 RAINEY RD LONG LAKE MN 55356 ORONO MN 55391 38 03-117-23 32 0013 38 04-117-23 41 0012 KARAYN RAE CUNNINGTON SHAYNE ANN ERNZER 2300 FOX ST 505 WILLOW DR S LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 32 00:4 ANDERS MYHRAN 2280 FOX ST LONG LAKE MN 55356 38 03-1 4 7-23 32 0015 JOHN & LORI ROBERTS 2340 FOX ST ORONO MN 55356 38 03-117-23 320016 IRMA J KELLEY 2320 FOX Sl ORONO MN 55356 38 03-117-23 32 0017 GRAHAM MERRY 3750 HUNTINGTON AVE ST LOUIS PARK Mari 55416 38B 320018 3864 BRETT TT BOROHLANDER LAURA BOHLANDER 2810 ASHBERRY CT FULLERTON CA 92835 RECEIVED 38 03-117-23 32 0025 AUG 17 2016 WILLIAM P BOWMAN CYNTHIA J BOWMAN 450 WILLOW DR S Cl '1 OF ORONO LONG LAKE MN 55356 i Etiquettes faciles A peler ; A Repliez A la hachure afin de ; Sens de www.avery.com Utilisez le gabarit AVERY® 5160® ruler le rebord Po u *�" ' A charoement p- p x 1800 -GO -AVERY Hennepin County Locate & Notify Flap Provided By: Resident and Real Estate ServIces pate 8/17/2016 w OM rC 04-117-23-14 E03-117-23-23 ti 04-117- -41 w Q 04-117-23-4f..k �s 04-117-23-44 03-117-23-33 04-117-23-44 03-117-23-33 Buffer Size. 350 feet 0 120 240 480 ft Map Comments: 1-1-1�1��J 0311723320017 EDGE MOOR II LLC For more information contact: 500 Willow Drive South RECEIVED Hennepin County GIS Office Orono, MN 300 6th Street South 55356 Minneapolis, MN 55487 AUG 17 2016 gis.info@hennepin.us cmcf ORONO # 3864 Date Application Received: 8/12/16 Date Application Considered as Complete: 8/12/16 60 -Day Review Period Expires: 10/11/16 REQUEST FOR COUNCIL ACTION Date: October 7, 2016 Item No.: 9 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"-4 Planning Dept. Title: Senior Planner Item Description: #15-3763/16-3860 — Christopher & Gail Bollis/Christopher & Rachel Bollis - 200-350 Stubbs Bay Road North - Final Plat Approval - Resolution List of Exhibits A — Draft Final Plat Approval Resolution B — Final Plat Drawing C — Final Development Plans (Revised, dated 9/19/16) D — City Engineer Comment Letter 9/2/16 & 10/5/16 E — Draft Development Agreement F — Covenants G — Septic System Agreement H — Council Minutes 9/12/16 I — Staff Memo dated 9/12/16 J — Letter from Michael Roll, President of Kintyre Two HOA 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 Developer requests final plat approval in order to finalize the project and proceed. Items of Note The private road extension of Kintyre Lane will serve as access to all seven lots. The Development Agreement will be modified to establish that all access for road construction except for the transport of paving equipment shall be from Stubbs Bay Road. Once the road construction has reached the stage where building permits can be issued, home construction traffic is expected to use Kintyre Lane. A question has arisen as to the potential liability for damage to Kintyre Lane during road construction as well as during home construction. While the Developer will agree to repair any damage to existing Kintyre Lane caused by road construction, discussion is needed regarding future damage caused by home building, which could be years into the future... see discussion below regarding status of shared maintenance agreement between Kintyre two HOA and Developer. - The Septic System Agreement (for the mound straddling the lot line) has been modified by the City Attorney to incorporate the 5 "trigger" conditions which would require its removal. - The road design has been revised to eliminate the "wobble" just north of the existing cul-de- sac. #15-3763/16-3860 October 7, 2016 Page 2 - Applicants propose to grade building pads into certain lots, creating new Engineered Grades to establish Existing Ground Levels for individual building purposes. The private road in Outlot B 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 forup 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. Please review the resolution, development agreement, and 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 with the exception of the requirement for a road use and maintenance agreement with the KintyreTwo HOA — see below. Status of Shared Maintenance Agreement — Kintyre II and Kintyre Preserve As of this writing, staff and City Attorney have had discussions with the president of the Kintyre II HOA who indicated that no agreement has been reached as to joint use and maintenance of Kintyre Lane. The HOA has expressed serious concern about this plat being approved absent such an agreement — see the attached letter from Michael Roll (Exhibit J). Soren has contacted the applicant's attorney regarding the need for an agreement to be reached prior to final plat approval. Establishment of such an agreement is a condition contained within the preliminary plat approval resolution and is to be in place in order to gain final plat approval. There had been discussion between staff and City Attorney earlier this year regarding the enforceability and viability of that condition, given that negotiations between applicant and the HOA over the winter had apparently stalled out. However, at this time, final plat approval can be granted subject to not allowing the plat to be filed until an agreement between applicant and the HOA is reached. Future Access Use of Outlot A, Tamarack Hill Discussion at the September 12 meeting did not reach a solid conclusion regarding the future use of the driveway in Outlot A, Tamarack Hill ("back driveway") as a secondary access for Lots 5 and 6. The Developer has suggested a scenario as follows: - The back driveway would be used "as -is" for construction of homes on Lots 5 and 6 until such time that the final lift of asphalt is placed on the Kintyre extension at which time driveways from the new cul-de-sac for Lots 5 and 6 would have to be installed within 60 days, and construction access to Outlot A would cease. #15-3763/16-3860 October 7, 2016 Page 3 After that, he proposes that the back driveway be retained as a permanent secondary access for both Lots 5 and 6, and notes that the new lot line between 5 and 6 is centered on the back driveway so it could serve both. He noted that it might be difficult to access the small barn on Lot 5 without the back driveway. From staff's perspective, and as noted in the 9/8/16 staff memo, there are a number of basic reasons that the back driveway should not become permanent and should be abandoned, summarized as follows: - Parcels with frontage on more than one public road are allowed a driveway approach to only one public road. By virtue of part ownership of Outlot A, applicant functionally would have access to Stubbs Bay Road as well as Watertown Road via Outlot A and Kintyre Lane. - If both Lots 5 and 6 gain access from the Outlot driveway, three homes using a shared driveway triggers an upgrade of that driveway to private road standards (paved, and with a cul-de-sac). As platted, both Lots 5 and 6 abut Outlot A. - City standard for new subdivisions is that no building permits can be issued until the road has at least one lift of asphalt. New construction on Lots 5 or 6 should not be allowed until the new road and cul-de-sac reach that level of completion. If the back driveway is to be used for construction of new homes on Lots 5 or 6, then arguably the back driveway should be held to the same standard of paving. - Fire Department should have to approve the back driveway for access for new construction for emergency accessibility. - There is concern regarding the creek viability of the creek crossing at the east end of the back driveway which is fairly narrow. - Permanent use of the back driveway suggests that Lots 5 and 6 must be treated as `through' lots - 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. - If the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. - Applicant's concern about the back driveway being the only viable access to the existing small barn on Lot 5 is questionable. A new driveway could be established without needing the back driveway. - The owner of 300 Stubbs Bay Road, Tom Fleming, who is 1/3 owner of Outlot A, stated that he does not want to see the back driveway expanded and would prefer that it not be permanent, and that it be eliminated once the new road and cul-de-sac are available. #15-3763/16-3860 October 7, 2016 Page 4 Based on the above, staff would offer the following scenario: 1. In the event that a new home is proposed on Lot 5 or Lot 6 prior to completion of the new road & cul-de-sac to a Usable Status (road base and first lift of asphalt), a building permit can be issued for Lot 5 or Lot 6 using the back driveway for access until such time that Usable Status of the road & cul-de-sac is reached. 2. In the event that such a building permit is approved for Lot 5 or Lot 6, a permit for construction on the opposite lot will not be issued, the intent being that no more than one home may be constructed using the back driveway. 3. Per applicant's suggestion, "Primary Connections", i.e. driveways from the new cul-de- sac for Lots 5 and 6, must be established within 60 days after the new road & cul-de-sac reach Usable Status. 4. Upon completion of those new driveways, all access to Lots 5 and 6 shall be via those new driveways and the back driveway will be removed, the creek crossing removed, and the area of the back driveway be revegetated. Staff Recommendation Staff recommends that Council approve the scenario for future use of Tamarack Outlot A (the back driveway) presented by staff. The Development Contract will be modified to reflect Council's action. Staff recommends that the Council adopt the attached resolution, subject to plat not being filed until such time that a Maintenance Agreement approved by Kintyre Two HOA and the applicant has been submitted. 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. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution entitled A Resolution Approving the Plat of Kintyre Preserve - File #I5-3763/16-3860. Council CITY OF ORONO Exhibit A RESOLUTION OF THE CITY COUNCIL 0Lei A RESOLUTION APPROVING THE PLAT OF KINTYRE PRESERVE 3 W I In '3��c1illclf C�cI;�SO 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 September 14, 2015 the City Council adopted Resolution No. 6536 granting preliminary plat approval for a 7 -lot single family residential subdivision of the properties located at 200 & 350 Stubbs Bay Road North (hereinafter the "Property") in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, on August 12, 2016, Christopher J. Bollis and Gail M. Bollis, husband and wife, and Christopher W. Bollis and Rachel A. Bollis, husband and wife (hereinafter the "Developers") made formal application for final plat approval for the Property; and WHEREAS, the Developers have agreed to comply with all conditions of Resolution No. 6536 and have completed or have 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. 6536. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6536. 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 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Execution of covenants and restrictions regarding road, drainage and utility easement to be granted to the City over the private road in Outlot B, and execution of a declaration of covenants regarding the private road easement and maintenance of said road. 5. Submittal of an executed Road Maintenance Agreement between Kintyre Two HOA and the Developer on behalf of the development. 6. Execution of covenants and easements for stormwater management facilities including establishment of stormwater system maintenance obligations. 7. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading, stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and erosion control plan. 8. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 9. 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 future development of the site. 10. Payment of development fees as established in Resolution No. 6536 as follows: a. Park Dedication Fee: $27,750.00 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 KINTYRE PRESERVE (Plans B thru K shall not be attached to this Resolution): Plan A — Plat of KINTYRE PRESERVE Plan B — Sheet 1 of 8: Preliminary Site Plan (last dated 9/19/16) Plan C — Sheet 2 of 8: Final Street Pian (last dated 9/19/16) Plan D — Sheet 3 of 8: Final Utility Plan (last dated 9/19/16) Plan E — Sheet 4 of 8: Final Grading Pian (last dated 9/19/16) Plan F — Sheet 5 of 8: Final Erosion Control Plan (last dated 9/19/16) Plan G — Sheet 6 of 8: Buffer Averaging Plan (last dated 9/19/16) Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Plan H — Sheet 7 of 8: Details (last dated 9119116) Plan I — Sheet 8 of 8: Landscape Plan & Wetland Buffer Maintenance & Monitoring Plan (last dated 9119116) Plan J — Wetland Buffer & Stormwater Facilities Maintenance Plan (undated) Plan K — Conservation Design Report and Management Program by Svoboda Ecological Resources (updated 9119116) 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 1T RESOLVED that based on the findings of Resolution No. 6536, the City Council of the City of Orono does hereby approve the plat of KINTYRE PRESERVE, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: 1. Development within KINTYRE PRESERVE is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6536, and subject to the provisions of the Development Contract for KINTYRE PRESERVE dated 2016. 2. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 3. 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. 4. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before April 10, 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. Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of Orono this 10th day of October, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL I� EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The following property in Hennepin County, Minnesota: Parcel 1: Part of the West 1/2 of the Southeast 1/4 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest comer 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 1/4 of the Southeast 114; 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 1 rod to point of beginning. Abstract Property. Parcel 2: Lot 2, Block 1, Tamarack Hill, Hennepin County, Minnesota. Abstract Property. Page 5 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. EXHIBIT B FINAL PLAT DRAWING (Attached on following page) Page 6 of 6 KINTYRE PRESERVE KNOW ALL PERSONS BY THESE PRIESEN-M! That Chimepher 1. Bollisand Gail M.Bullis, husband and wikas jointtenants, fee owners ofthe following du¢ntodpropNtysiluettdin the Court}•officmepin. Stan ofMbrecaomta wdr: Pan a the westhalforthe southeanqua,ter of Section 32.Townsblp 110. Range 23 as ronous: Deginnigm the southwest comer arthe-thwcat grader or the soudrast qusrlcrafSatim32,T Thip tl8, Range 23;[hence con 137/3mds; thence north l2 m(a; there, sesi 1311rods:ibeneenwh30mds;d-rwsi SO rods to lheensthim or midnoolwes[quarter of[he sowbeasn qnaner.'lhenec south 42 tods: thencewest m a point 14 13 rod.sees[ Of paisnofbegianing,thencesouth l rod;[bence areal 141/3 ere rude: th north I and in plot ofheginai.S. And that CLiwphc,W.B.M. and Rachel A.BJU,, husband and wife se joint lenmus, fee owners of the folloxiog described pmsanty sinMtM in Rae Coolly ofHerwepin. Sute fMiosmsom to wit: 1,nt 7, Block 1, TAMARACK HILL IIave caused the snore to be -yxd and emceed a KINTYRE PRESERVE and do hereby dedicate m the public for public use the public way and [be drainage and utility easmmmla as created by Ibis plm. In wilocas whereof -d Cl isluphw J. Bal lis and Gail M. Bullis, husband and wife soj.hl usnuos, have henanlo set their hands this_ day of .2016. Chriitophcr J. Bolos Gall M. BWda STATE OF MINN, ESOTA, COUNTY OF This foregoing instrument was ack-ledged before me, en this day of. 2016, by Christupbcr 1. Bollix and Gail M. Red lis. husband and if,. My Cumnusvon Expires: Nomq• Public, Minnesota Prim Name Inwitoess whemouremOdstopher W. Bollic and Rechel A. Bollis. husband and wife nsjohottenam have h.munio sal their hands ibis day of 2016. Christopher W. Berths Rachel A. Bdlis STATE OF MINNESOTA, COUNTY OF This foregoing inserument was acknowledged before sere, on this day of_, 2016. b5, Cbrlstoplii,r W.Both. and Rachel A. Bullis hoabose and it.. My Conunisaioniispires: Nalary Public, Mirmcaula Prim Name SURVEYORS CERTIFICATE I. David B. Perebertao do hereby cortify that this plat syss prepared by mo or under my direct supervision: that I mer a duty Licensed Latin Surveyor in the State ofMinnrsme; that this plot is a mrmet representerion of the boundary mrmy; thst a0 mathoom1k l dad and label, are correctly desi""'d on the plat; that ell monuments depicted an the plat bane bee.. -ill he cocreedy.m within ace year, thet.11 waterbwsursuies mod wet lands, as defaced Jr, Minuesod Statutes, Section 50.5.01, Sabd. 3, as oftbe date ofdtis eerkilem arc shown and Dbeled on this plat and all public way. are shown and labelod an this plat. Elated this_ day of_ 2016. D.,id B. P-ben.n, Lice.sed Land Sl -Wer Mimtaem Li-s,Na.40344 STATE OF MINNESOTA, COUNTY OF HENN•EPIN This iretoonnt was ackS-Idgcdher- sere this day of .2014 by David B. Pemberton. My Cwmmissian Expires Notary Public. Hern.pin County, Nimsesma Printed Nene ORONO,MINNESOTA This plot of KINTYRE PRESERVE was appm,xd and accepted bythe City Council ofOieon, Mimlesms at a regular unting held this da, of 2016. Ifapplicable, the ariuea comnw ors a.d mommea�tions oftlx Cru miesilxter oFTranapnrdtim mrd The Cnnnly Highway Enginar have been received by the City m The pracriMd 70 day period Iw.a ¢tepees wiRlrvt receipt rf such eammrnd and raommrnbtimt, as provided by Mhmesoci Seratm Saaiml 515.53, Sulsihisiun 2. CITY COUNCIL OF ORONO, MINNESOTA M.)- RESIDENT a} RESIDENT AND REAL ESTATE SERVICES, HENN'EP1N COUNTY,MIN g1gSOTA I hereby certify dot taxa payable I. and prioryema here hem paid for dud described an mi. plat Darted this_day or 3516. Mork V. Ciupm, Hennepin Caunty Auditor B}: . Deputy SURVEY DI%7SIGN, HENNEPIN COENIT, MINNESOTA Puraumd to Mnmesma Statute Section 31136.565 (1969), this plat has been appomtd Oda_ day of_ 2316. Chris F. Mavis, Hennepin County Sur-yar By: COUNTY RECORDER HENNEPIN COUNTY, MINNESOTA ]hereby certify that the withinplet oFKINTIYRE PRESERVE was recorded in thisoT.ce lhjg d.y of ,3016m drlack_M. Mania McCormick, CaantyRetorder. By: .Deputy - EAST 1/4 CORNER OF SEC. -1Z 7.118. R.23 - HENN. CO. 5/8' PIN ~� In 1 S89'23'30'E 1 5372.53 2681.99 - 1 - 2710.55 �r BB0.18� 1�- 1555.27 - WEST $/4 CORNER OF rr e m I - BEC.32. T.INL R23 HENN. CO. C.LM N P z B'1 '45' r 2879.56 rp 1 i339.64Ile - Il 339.84 = N NIN ml �Ih m 0 S o NL�4±�----1189'13'5-3'W l -- 137±.41. 2648.82SOSTH1/4CORNER OF SIXITHEAST CORNER OF _III! HENN. .I I6, R23 - SEC.32, T.IIB, R.23 XD.N. CO. 41.M HFNN. C0. GI.M TA k A AL�7 A /\li 1 r1lvir'S1 \r5vl SECTION BREAKDOWN P -4.I SECTION 32, TOWNSHIP 118, RANGE 23 NORTH 14 CORNER OF SEG32, IIB, R.23 MINN' CO. C,I.N- F - � • Is 33 h -a� - EAST 1/4 CORNER OF SEC. -1Z 7.118. R.23 - HENN. CO. 5/8' PIN ~� In 1 S89'23'30'E 1 5372.53 2681.99 - 1 - 2710.55 �r BB0.18� 1�- 1555.27 - WEST $/4 CORNER OF rr e m I - BEC.32. T.INL R23 HENN. CO. C.LM N P z B'1 '45' r 2879.56 rp 1 i339.64Ile - Il 339.84 = N NIN ml �Ih m 0 S o NL�4±�----1189'13'5-3'W l -- 137±.41. 2648.82SOSTH1/4CORNER OF SIXITHEAST CORNER OF _III! HENN. .I I6, R23 - SEC.32, T.IIB, R.23 XD.N. CO. 41.M HFNN. C0. GI.M TA k A AL�7 A /\li 1 r1lvir'S1 \r5vl O Derrlrs a 1/2 itch by 14 inch iso. pipe Set in the ground and marked by License No. 40344 0 Denotes a sal nail and disk marked by Licertce No. 40344 0 Denotes a Fwnd Iron Mem .t T I I A r I 1 r\ T It-\ K,41 VI The basis f the hearing system is the west lint of the Northwest Quarter of the Southeast Quarter of Section 32, Tarawhip 11 S, Range 23 and is assumed to bear North 00 degrees 32 mismtes 12 seconds West. C.R. DOC. NO. akb� stpy o s� w � e 'SERB P1P� (TAMARACK HILL 455.51) = =11 II a• SATHRE-BERGQUIST, INC. �Y) I 'r P -4.I F`.! ryV 33 D Neiyj A. _ _�aIS �i N8 18'45"W 220.00 L (1 (13 1/3 ROOS) 'wSj SW CDRNER OF THE �o aI(`N./4 OF SE7/9 g- (13 1/3 RODS) i S89R18'45"E Z 1 220.00 - 186.99 _POI Pal 0s . S [V to 1151ho ` \ iIN89PI8'45"W4236.50 r, 1 (14 1/3 RODS) 'tlJ � u - ST BS BAYI ROAD r O Derrlrs a 1/2 itch by 14 inch iso. pipe Set in the ground and marked by License No. 40344 0 Denotes a sal nail and disk marked by Licertce No. 40344 0 Denotes a Fwnd Iron Mem .t T I I A r I 1 r\ T It-\ K,41 VI The basis f the hearing system is the west lint of the Northwest Quarter of the Southeast Quarter of Section 32, Tarawhip 11 S, Range 23 and is assumed to bear North 00 degrees 32 mismtes 12 seconds West. C.R. DOC. NO. akb� stpy o s� w � e 'SERB P1P� (TAMARACK HILL 455.51) = =11 II a• SATHRE-BERGQUIST, INC. 60 30 0 30 60 120 SCALELNFCEf The basis for the hearing system is the west line afdx Northwest Quarter ofthe Swtheast Quuter ofSeetinn 32, T'owrehip 11 S, Range 23 and is ossa d to b— Nm1h 00 degce 32 minutes 12 seconda Weal (See Sheet I of 2 Sheets) 0 Dmutes a I/2 inch by 14 inch imn pipe set in the gmmW and ffmkd by License No. 40344 • D=otcs a Found Imo Movement DRAINAGE "D UTILITY HAS04HNTS ARE SHO" THUS: IIss h� I NOT TO SCALE I Being 5 feel in width and adjoining lot lin a, unlrys dhmvim indicated, and 10 feet in width sod adjoining tight of way Gies, unless otherwise indicated, as shown on the plat $�pws aegr SATHRE-BERGQUIST, INC. s e e �EFa 4LP� KINTYRE PRESERVE EAST LINE OF —z —/~I BLOCK 1. TAMARACK HILL ! _ ----G>ea �y a.ry f. INSET A EAST LINE OF N%1/4 OF SE.1/4, SEG32, T.119, 8.221 ! C.R. DOC. NO. I41D.�a l -',— — � \ 237.48]f1 -W ea. is -- 1 ��3 j—V 1O�/__7 EDGE OF WET LAm-,-2 -- II$E AS E At ENWET LAND `.�_'—� r �4AO >rIgel1 INO2.21'29"WNO2°21'29'W $ 97.60 » NORTH 123.37RET LAND--- — — ` 126.74 28.¢ 22AS-.//�z1 2 01 7f 2 gm II WETLAND ,` \\� �`�\ _(F ;.I.Arm 6S � 4 •�'� X11,/ � 1 ��� �\ \ b � r1 I 1 � P �o C� NDO'32'12"W 220.05 ,�� � A- n � •'At' 0 N3 w o M r � c LOCK Co $6 \ ZANb .y �F 6 sD0'la'I0"w 09.D4 meg, `0&34/' } -.12.08 X30°g8 daAvg' IP°E. 47 36. X28124'09" 24.79 A� : D� cb�55 �r ' ate` I f pv97'06'26° •pe / 4 N � o � � f — z � 1 Z at kn u1 e1 � -------`^ —EDGE OF �- D3��. C4 As `gym N 5 1 TAAAAC1A/%I( I \rtv I♦ I t-11VIrAl \ INSET A EAST LINE OF N%1/4 OF SE.1/4, SEG32, T.119, 8.221 ! C.R. DOC. NO. I41D.�a l -',— — � \ 237.48]f1 -W ea. is -- 1 ��3 j—V 1O�/__7 EDGE OF WET LAm-,-2 -- II$E AS E At ENWET LAND `.�_'—� r �4AO >rIgel1 INO2.21'29"WNO2°21'29'W $ 97.60 » NORTH 123.37RET LAND--- — — ` 126.74 28.¢ 22AS-.//�z1 2 01 7f 2 gm II WETLAND ,` \\� �`�\ _(F ;.I.Arm 6S � 4 •�'� X11,/ � 1 ��� �\ \ b � r1 I 1 � P �o C� NDO'32'12"W 220.05 ,�� � A- n � •'At' 0 N3 w o M r � c LOCK Co $6 \ ZANb .y �F 6 sD0'la'I0"w 09.D4 meg, `0&34/' } -.12.08 X30°g8 daAvg' IP°E. 47 36. X28124'09" 24.79 A� : D� cb�55 �r ' ate` I f pv97'06'26° •pe to 1 � � � f s� Wj 1 oa I� rTI N f It°Y w 2/0.39. ti�aoY T EDGE or NBT T Y \ \ I s2A qS �\ �� 9x fro s e'yF WET LAND /r % t �erQsr \I�\ 4 NORTH —0 1 " a r I / \ ! N23 V a9s aQ l�8°23 50° I 4p.30 'A I I« w Ii 1 -2 l8.5T01° 1 100.71 - NOO'32'12"W 100.17 Arag•42,38�� nl � F 2 SHEETS Y e,' 6 r 30 ! ( 111s49uNeI 1,790, -upend % t 4 e }J: 87A74.uPw a� 41 9L°, l) js ' 8- c 7 q an,l4smal i - Ir !� 103,343T0191 19AM-Yftbdf ""a WNlelq ) efAzi-yp4na; i - 6,194 -Pond { A72Bp-U04 �a M �+ -x /�• _ _ ) 4 • h� ",jam`\ 4 372,392 --] • J a a ' 2 •:»�� �t•.. . p 4/ ,rf �a 1 103.874 Total 111 ga,583-Wetiandl —-B_7,i72-Upland ���� t �T upland ZONING DISTRICT STANDARDS (PROPOSED AND EXISTING ZONING: RR -113) 1, MINIMUM LOT AREA• 87,120 SF, 2. MINIMUM LOT WIDTH =200 FT. 3. MIN CORNER LOT WIDTH - 200 FT. A. FRCNT YARD SETBACK - 50 F7, S. SIDE YARD SETBACK- 30 FT. B. SIDE YARD ABUTTING ROAD. 50 F7. (see CDy Code) 7. MINIMUM REAR YARD SETBACK OAMB) = 50 FT. 8, MAXIMUM STRUCTURE HEIGHT: 25 STORES OR 30 FT. 9. MAX BLDING FOOT PRINT (PRINCIPAL- 2400 S.F.) PLAN DESIGN DATA 1SINGLE FAMILY HOMESI 1. MINIMUM LOT AREA= 87,120 SF. 2. PROPOSED LOT WIDTH = 200 FI. 3. PROPOSED 60 FT. BUILDING PAD 4. OUTLOT WIDTH = 50 FT. 5. STREET WIDTH --26 FT, B -B MIN - DESIGN 30138 6. C -DS RADIUS =40 FT. 7. C -M ENTRANCE RADIUS -20 Fr, a. ROW RADIUS = 50 F7, SEPTIC SETBACKS Wetlands- 50' Property Unes-10' Wells - S0' Buildings -20' Wells -25 feetfrom any Interior plumbing 8SO' 1mm plumbing building eA SYMBOL LEGEND LOT LINE Description BUILDING SETBACK BOUNDARY RR -1 B7 SINGLE FAMILY LOTS PARCEL BOUNDARY LINE inspected and approved by the City ORMNAGE AND LrnUTY EASEMENTS A-� RIGHT -Of WAY Final Grading Plan FLARED END SEC1gNYMtIPauP -� STORM fiIUCTURE LABEL d WELL Landscape, Wetland buffer, Maintenance & Monitoring Plan SEPTICSRE Details I EMERGENCY OVERFLOW SWALE •., SOIL BORINGLOGTION I BENCHMARK/ FouNDIP WETLAND BUFFER MDNUMENT PRE 0DNSTRUC`n0N SILT FENCE -- — POGTCONSTRUCTION SILT FENCE — -- — SEPTIC PROTECTION FENCING -- WOODFlBER BLANNET DILCH CHEM UTIUTYPOLE TREPSAVED 0* TREE RE►gVED O+ am -=am Notes: 1.) The septic area protedon PREPARED FOR Description fencing locations must be RR -1 B7 SINGLE FAMILY LOTS SIZE RGxM: GIDC R� inspected and approved by the City 3 A-� Engineer prior to any land Final Grading Plan 5 dlaturbing advides. B d PREPARED BY PREPARED FOR Description ew.s.,-4W� RR -1 B7 SINGLE FAMILY LOTS SIZE RGxM: GIDC R� .romp 100 50 0 50 100 2D0 SCALE IN FEET SHEET INDEX TABLE I Sheet Description lI� 1 Site Plan a 2 Final Street Plan 3 Final Utility Plan j 4 Final Grading Plan 5 Final Erosion Control Plan B Buffer Averaging Plan 7 Landscape, Wetland buffer, Maintenance & Monitoring Plan 8 Details I a� L N V N a' \ I = � �.� T i c �w, Elson ti '4NETL1M1fir.C1 SEFit"I[r.FSltR0Vlf►E0 4Y E 8V0600A k-COLOGICAt RESCMtr—ES. 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 N0. baseboille 1 CAW Ge1OW16 IF NAL PLAT APPLICATION -REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I ?teas 8"' — PRELIMINARY SITE PLAN ID114-001 DRAWN BY 2 CAW 09118118 gMLPLAT COMMEWS, S7RAGl1,TENji0&Q_ SATHRE$ERGQUIST,INC.% EXPRESS WRITTEN AUTHORIZATION, USE WrrHOUT AM A DULY REGIS OFESSIONALENGINEERUNDER THE q�, L C y T INC. - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS O THE STATE NESOTA' I 'A 4 F -I P'4 ESR' C R �L3' L! SLI I' I f�i'�/ I� CAW -- INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILITY. KINTYRE TRE PRESERVE 1 CHECKED BY - --.- -,. - -_-----__--- .._---SATHRE-BERGOUIST,INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE v� g 16050VTH BROADWAY WAYZATA, MN. 55381 (BSt)476.8000 ORONOr CAW — .. _ __ — — — __ __ — — — — — — — — _ — — — USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING Nes age, P,E, mea• MINNESOTA CHRIS BOLUS DATE _ _ -, ", -„ _ _ _. FROM ILLEGITMATE USE Bge p�h O6r17115 Deus; (S Lia, No. LL 18 rJ � 1029.4 85 OTF 102BI BF*2 O—j 3a �N ? V CVD �\✓ %} �\ �^\�\\� CURBED STREET 7 / O d1 �\�. ♦ SECTION t // A On 'No4 a r� I 6.41 TO 0 MATCH \ \00 o � A �N Ob Ts acPDITCHED STREET SECTION '41" �'_ ` lx��/C VAW6a @ 5'I 4 `I IW 1i a' III t I VAM of -00 Er CL j. WTV TF 4 5 I _ WO 4 \ g w aF9er.D rL a R —' 30. rimCO I/� \. \ i�\\' \\_ \\\\.,•.; -�' CONSTRUCTION NOTES: 1, 4" DRAINTLE SHALL BE INSTALLED AT THE LOWPOINT CATCH BASINS 257 MIN. (STD) N 50' N EACH DIRECTION B 1THE UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 6 PIPE JOINTS TO FLARED END SECTIONS (TYPICAL} \ _!IIIE-A' / , ` �( � '1 \ \\ t \-\, \ \'•I�-`�,.' 3. TRASH GUARDS SHALL BE PLACED ON,"FLARED END SECTIONS. 4, TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES ANDALLCULVERTAPRONS. 6. WIMOO'S OR APPROVED EOUALTO BE INSTALLED AT ALL STORM INLETS. `,• —�� �'� r ' �� \\I \ T \� \i *\ 5. GRANULAR MATERIAL SHALL BE PLACED UNDERSTORM SEWER PIPE OR STRUCTURES THATARE LESS THAN48" BELOWFNISHED GRADE AND EXTENDTO AT LEAST 48'BELOW FINISHED GRADE. 7. �RAPLADED. SEWER SHALL BE CONL4TRUCTED USING GRANITE ROGIG7'DY4METER OR LARGER ANDSHAILSE � B. ALL ADJUSTING RINGS 7C BE CONCRETE B, ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. OO S Co 40°�0 /�\ PARCEL BOUNDARY LINE �Z COr RIGHT-0�Y :3 a 1050. CL —CL TELL SEPTICSTIE F----- (�--- 149 -------- y EMERGENCY OVERFLOWSWILLE CJI co (J1 of SOL BDTURO LOCATION 1050 BENCIMNW IFOUND IP CD q E PRE CONSTRUCTION SILT FENCE L ? r \ / HIGH PT STA: 0+05,78 3a �N ? V CVD �\✓ %} �\ �^\�\\� CURBED STREET 7 / O d1 �\�. ♦ SECTION t // A On 'No4 a r� I 6.41 TO 0 MATCH \ \00 o � A �N Ob Ts acPDITCHED STREET SECTION '41" �'_ ` lx��/C VAW6a @ 5'I 4 `I IW 1i a' III t I VAM of -00 Er CL j. WTV TF 4 5 I _ WO 4 \ g w aF9er.D rL a R —' 30. rimCO I/� \. \ i�\\' \\_ \\\\.,•.; -�' CONSTRUCTION NOTES: 1, 4" DRAINTLE SHALL BE INSTALLED AT THE LOWPOINT CATCH BASINS 257 MIN. (STD) N 50' N EACH DIRECTION B 1THE UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 6 PIPE JOINTS TO FLARED END SECTIONS (TYPICAL} \ _!IIIE-A' / , ` �( � '1 \ \\ t \-\, \ \'•I�-`�,.' 3. TRASH GUARDS SHALL BE PLACED ON,"FLARED END SECTIONS. 4, TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES ANDALLCULVERTAPRONS. 6. WIMOO'S OR APPROVED EOUALTO BE INSTALLED AT ALL STORM INLETS. `,• —�� �'� r ' �� \\I \ T \� \i *\ 5. GRANULAR MATERIAL SHALL BE PLACED UNDERSTORM SEWER PIPE OR STRUCTURES THATARE LESS THAN48" BELOWFNISHED GRADE AND EXTENDTO AT LEAST 48'BELOW FINISHED GRADE. 7. �RAPLADED. SEWER SHALL BE CONL4TRUCTED USING GRANITE ROGIG7'DY4METER OR LARGER ANDSHAILSE � B. ALL ADJUSTING RINGS 7C BE CONCRETE B, ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. -1+50 -1+00 -0+50 0+00 0+50 1+00 1+5D 2+00 2+50 3+00 3+50 4+00 4+50 5+DD 5+50 B+DO 6+50 7+00 7+50 (AWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS basebollls _ 1 _ CAW 06!09!16 FINAL PLATAPPLICATION _REMOVED PAP5— INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 �C¢VLS So,q�d SATHRE�ERGQUIST, INC: a EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT %'I'A A DULY REGI OFEssIONAL ENGINEER UNDER THE BATH RE -BE RGQ U I ST, INC. DRAWN BY 2 CAW 09118f16 FJgL�L PLgJ�Q�IL'I�NTS,-STRAIFiTENggq LAWS THE STATE NESOTA. ° SAID AUTHORIZATION CONSTITUTES AN ILLEGIBMATE USE AND SHALL THEREBY w CAW --------- INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :NECKED BY _ _ .— _ _ v_ _ LL SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ... } y 15D SOUTH BROADWAY WAYZATA, MIN. X391 (862) 4766000 CAW — USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESVLTING �+ w� DATE — — — — — — — — — —_ T -- — — — u _ . FROM ILLEGITMATE USE. ea WIerTTa e, P.ES 191 Lk. No. L14 18 0�¢A'a OBl17A5 ._. — - T - -. . _ _. Dale: O f SYMBOLLEGEND o S BUILDING SETBACK BOUNDARY PARCEL BOUNDARY LINE DRAIKAGEAND UTILITY EASEMENTS RIGHT-0�Y STREET SECTION 1050. STORM STUCTURELABEL TELL SEPTICSTIE EMERGENCY OVERFLOWSWILLE SOL BDTURO LOCATION 1050 BENCIMNW IFOUND IP q PRE CONSTRUCTION SILT FENCE POST CONSTRWTON SILT FEK[£ HIGH PT STA: 0+05,78 W OODRBER BLANKE KINTYRE. DR. URRY POLE 1.5" BITUMINOUS WEAR COURSE - MNIDOT SPWEB24OB (2360 SPECIFICATION) TREE SAVED TREE REMOVED HIGH PT ELEV: 1034.04 3" BITUMINOUS BASE COURSE - MNIDOT SPNWB230B (2360 SPECIFICATION) a PVI STA 1+00.00 B' CLASS 5 AGGREGATE BASE, MNIDOT 31381 PVI ELEV.-IM7.D3 1040 �� K45,00 r� 1040 GEOFABRIC, MNIDOT TYPE V, MIRAFI 500X, BCZlSY NON -WOVEN m� AS NEEDED APPROVEDSUBGRADE 1430 � 1030 SHOULDER SECTION 6" CLASS 5 AGGREGATE BASE, MN/DOT 3138` 1020lorz GEOFABRIC, MNIDOT TYPE V. MIRAFI 500X, 8OZ/SY NON -WOVEN 1020 g LVC!PMA4' AS NEEDE °z LOW PT STA: 8+01.22 APPROVED SVBGRADE I" LOW PT ELEV:997.82 PVI STAR -75.00 1010 PVI ELEV9B9.75 n 1010 DESIGN DATA: K30.00 STREET SECTION: 1.5" SPWEB2A0B WEAR COURSE (N44 OQf 23801 3- SPNW13230B BASE COURSE (INN DOT 23150) B" CL 5 AGGREGATE BASE (MN DOT 3138) 1000 .. 1000 SUBGRADE FABRIC IS OZISY, NON -WOVEN) 8l Teq.lmd) O? — -1-53% B" CL 5 AGGREGATE SHOULDER (IAN DOT 3138)(non curbed section) A PVIS: 6+86.28 PVIE: 998.52 CROSS SECTION: S" 994 994 3% CROWN I 30' STREET WIDTH (BACK TO BACK SURMOUNTABLE CURB) Tri 50 25 D 25 5o 100 SCALE IN PEET -1+50 -1+00 -0+50 0+00 0+50 1+00 1+5D 2+00 2+50 3+00 3+50 4+00 4+50 5+DD 5+50 B+DO 6+50 7+00 7+50 (AWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS basebollls _ 1 _ CAW 06!09!16 FINAL PLATAPPLICATION _REMOVED PAP5— INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 �C¢VLS So,q�d SATHRE�ERGQUIST, INC: a EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT %'I'A A DULY REGI OFEssIONAL ENGINEER UNDER THE BATH RE -BE RGQ U I ST, INC. DRAWN BY 2 CAW 09118f16 FJgL�L PLgJ�Q�IL'I�NTS,-STRAIFiTENggq LAWS THE STATE NESOTA. ° SAID AUTHORIZATION CONSTITUTES AN ILLEGIBMATE USE AND SHALL THEREBY w CAW --------- INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :NECKED BY _ _ .— _ _ v_ _ LL SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ... } y 15D SOUTH BROADWAY WAYZATA, MIN. X391 (862) 4766000 CAW — USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESVLTING �+ w� DATE — — — — — — — — — —_ T -- — — — u _ . FROM ILLEGITMATE USE. ea WIerTTa e, P.ES 191 Lk. No. L14 18 0�¢A'a OBl17A5 ._. — - T - -. . _ _. Dale: O f SYMBOLLEGEND LOT LINE BUILDING SETBACK BOUNDARY PARCEL BOUNDARY LINE DRAIKAGEAND UTILITY EASEMENTS RIGHT-0�Y FLARED END SECTION SWRIPRAP STORM STUCTURELABEL TELL SEPTICSTIE EMERGENCY OVERFLOWSWILLE SOL BDTURO LOCATION BENCIMNW IFOUND IP WETLAND BUFFER MONUMENT PRE CONSTRUCTION SILT FENCE POST CONSTRWTON SILT FEK[£ SEPW PBDTECTgN FENCING W OODRBER BLANKE DITCH CHECKS URRY POLE TREE SAVED TREE REMOVED . rT[wFt+I IMV. FILE NO. FINAL STREET PLAN 10114-001 ORONO, KINTYRE PRESERVE 2 MINNESOTA CHRIS BOLLIS 8 1 L7V POND 12'RCRB96A NNINTLE® ;� Liz _ - \ ' � •'> 4 22\\\ 30 co o o 817E \ \ \ _ cc/ c 1'� W 25 y� o m �� wg a c . 101 16 APRON 1Qi0 Gf —alp o / _02 _... 9,0 -�, s � '•o \ � 1 1000 TF 102BA ,\ .1 f� 85 O -.. F1 II d wo BFI � � r 1 �O 4 gIti � A 990 980 Lp yIV co cc -01 QWDw - i a - e.&F coNSTFLLICTION NOT'F ` Tx b 00As �/ .4 f � 9 1. 4'DRAINTILE SHALL BE INSTALLED AT THE LOWPOINT CATCH • / 1 .� M p BF f r p{f CI, F� BASINS 250' MIN.g% IN EACH DIRECTION 8 930 IN THE UPHILL V QW 887.0 Ox, qF p sL R DICURELRE FOR ON SLOPE CATCH BASINS- INSTALL 1' BEHIND r _ il Ill = Ort , 2- TIE THE LAST B PIPE UOINTSTO FLARED END SECTIONS :3 OL 41 111 i _ C W W f; 4�%t! _ (TYPICALL Q. �Q i p ,f GyD j 4 , 3. SECTIONS. TRASH GUARDS SHALL BE PACED ON F_LL FLARED ENO it CL rL -� •3O a STERAULLTURESBON STORM AND ALL CULVEERT APRONS.ER BETWEEN APRONS AND GC S. IN m C.O'S DR APPROVED EQUAL 70 BE INSTALLED AT ALL STORM /,IO_ S. GRANULAR MATERLAL SHALL BE PLACED UNDER STORM SEWER 117 ----- 149-----�� I I �1 \ PIPE OR STRUCTURES THAT ARE LESS THAN 4WEIELOW 7 — i y \ FINISHED GRADE AND EXTEND MAT LEAST 48' BELOW FINISHED r \ �. > O (JI �Z� / \ *L7 T-�.A, f f \ k �r,R� p� 7. RIP -RAP FOR STORM SEWER SHALL BE CONSTRUCTED USING O \ / , r / ). \ .' \ I -� r 'E PGRANITE LACED. ROCK, 1' DIAMETER DR LARGER AND SHALL BE RANO I \ B. ALL ADJUSTING RINGS TO BE CONCRETE. C rh / /�/ / L J. \ r V�I� R F y- S. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN _�• PLACE. NO BLOCK STRUCTURES ALLOWED. Q) \ / nS - \ S l 0 10. CASTINGS FOR CATCH BASIN MANHOLE 28 CATCHBASIN 3 / , •i' SHALL BE NEENAH R-3OS7-V OR APPRWED EQUAL Q \✓ �� ,'�`' y�y �.iQ',SETi3ACK, y. .� f - 91. IF CULVERTS SHALL BE INSTALLED FORALLN DVEWAYSN RURALSECTIONS AT THE TIME OF HOME CONSTRUCTION m � r - x".Wl L) REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS El rLA L PLAT APPLICAI7_ON - REMOVED PADS__ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I OgRg Dt,RL ][J[LLPLAT COM�iIENTS _S7RNGFiTEN,ROAO_ SAID AUTHORIZATIONICONSTEXPRESS TUTEB AN ILLEGITIMATE TIMATE U E AI'U SHALL THEROEBY w5 O DULY THE STA �NESOTA.OFESSIONAL ENGINEER UNDER THE,.`' Ft �I C C / " -'- - -- �-" '- "' --' "INDEMNIFY 3ATHREBERGOUIST, INC. OF ALL RESPONSIBILDY.T r IC' C•= �� I INC. `� `- I ,,,, m 550 SOUTH BROAD WAY WAYZATA, MN. 55381 (852)476-0000 -------- ----- -- - ----USEROSATHREPARTY LEGALLY RESERVES THE FOR DAMAGET TO S O ANYILLEGITIMATE� w ._ _ - - - - - - - - - - - - - -USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING - _- - -- _ - -- FROM ILLEGITMATE USE. was Wlglne e, P.E LIc. Na L'I y I8 0B OS1B: U 5o 25 O 25 50 100 SCALE IN FEET CTFY PRQIECT NO. ORONO, MINNESOTA SYMBOL LEGEND LOTLINE 022 -5: BUILDING SETBACK BOUNDARY PARCELSDUNDAAYUNE - 4 2103 DRAINAGE AND UTILITY EASEMENTS RIGHT-0F4MY 48-P BAPRON LB Opo STORM STUCTURE LABEL WELL 57-V B GY C1.3 SEPTIC SITE EMERGENCYDVERFLQW SWALE BLD: a -a SGL EDWNG LO TIDH SE/CTLWU(1 FOUHD IP D1a: 2773' g PRE CONSTRUGRDN SLTFENCE POET CDWMJCTION OLT FENCE R -3D57 -V SEPTIC'ROTECRON FENCING WOODFBER BLANKET ZZEZZI T � unurvFw.Ie 1020 TREE SAVED 020 26.5'-T5"RCP CL5 1.05% 3 0'-1YRCP L5 02.92% 1010 1010 $ m cc mm o p oo D 1000 fn h ti OOQ 005 1 L7V POND 12'RCRB96A NNINTLE® ;� Liz _ - \ ' � •'> 4 22\\\ 30 co o o 817E \ \ \ _ cc/ c 1'� W 25 y� o m �� wg a c . 101 16 APRON 1Qi0 Gf —alp o / _02 _... 9,0 -�, s � '•o \ � 1 1000 TF 102BA ,\ .1 f� 85 O -.. F1 II d wo BFI � � r 1 �O 4 gIti � A 990 980 Lp yIV co cc -01 QWDw - i a - e.&F coNSTFLLICTION NOT'F ` Tx b 00As �/ .4 f � 9 1. 4'DRAINTILE SHALL BE INSTALLED AT THE LOWPOINT CATCH • / 1 .� M p BF f r p{f CI, F� BASINS 250' MIN.g% IN EACH DIRECTION 8 930 IN THE UPHILL V QW 887.0 Ox, qF p sL R DICURELRE FOR ON SLOPE CATCH BASINS- INSTALL 1' BEHIND r _ il Ill = Ort , 2- TIE THE LAST B PIPE UOINTSTO FLARED END SECTIONS :3 OL 41 111 i _ C W W f; 4�%t! _ (TYPICALL Q. �Q i p ,f GyD j 4 , 3. SECTIONS. TRASH GUARDS SHALL BE PACED ON F_LL FLARED ENO it CL rL -� •3O a STERAULLTURESBON STORM AND ALL CULVEERT APRONS.ER BETWEEN APRONS AND GC S. IN m C.O'S DR APPROVED EQUAL 70 BE INSTALLED AT ALL STORM /,IO_ S. GRANULAR MATERLAL SHALL BE PLACED UNDER STORM SEWER 117 ----- 149-----�� I I �1 \ PIPE OR STRUCTURES THAT ARE LESS THAN 4WEIELOW 7 — i y \ FINISHED GRADE AND EXTEND MAT LEAST 48' BELOW FINISHED r \ �. > O (JI �Z� / \ *L7 T-�.A, f f \ k �r,R� p� 7. RIP -RAP FOR STORM SEWER SHALL BE CONSTRUCTED USING O \ / , r / ). \ .' \ I -� r 'E PGRANITE LACED. ROCK, 1' DIAMETER DR LARGER AND SHALL BE RANO I \ B. ALL ADJUSTING RINGS TO BE CONCRETE. C rh / /�/ / L J. \ r V�I� R F y- S. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN _�• PLACE. NO BLOCK STRUCTURES ALLOWED. Q) \ / nS - \ S l 0 10. CASTINGS FOR CATCH BASIN MANHOLE 28 CATCHBASIN 3 / , •i' SHALL BE NEENAH R-3OS7-V OR APPRWED EQUAL Q \✓ �� ,'�`' y�y �.iQ',SETi3ACK, y. .� f - 91. IF CULVERTS SHALL BE INSTALLED FORALLN DVEWAYSN RURALSECTIONS AT THE TIME OF HOME CONSTRUCTION m � r - x".Wl L) REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS El rLA L PLAT APPLICAI7_ON - REMOVED PADS__ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I OgRg Dt,RL ][J[LLPLAT COM�iIENTS _S7RNGFiTEN,ROAO_ SAID AUTHORIZATIONICONSTEXPRESS TUTEB AN ILLEGITIMATE TIMATE U E AI'U SHALL THEROEBY w5 O DULY THE STA �NESOTA.OFESSIONAL ENGINEER UNDER THE,.`' Ft �I C C / " -'- - -- �-" '- "' --' "INDEMNIFY 3ATHREBERGOUIST, INC. OF ALL RESPONSIBILDY.T r IC' C•= �� I INC. `� `- I ,,,, m 550 SOUTH BROAD WAY WAYZATA, MN. 55381 (852)476-0000 -------- ----- -- - ----USEROSATHREPARTY LEGALLY RESERVES THE FOR DAMAGET TO S O ANYILLEGITIMATE� w ._ _ - - - - - - - - - - - - - -USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING - _- - -- _ - -- FROM ILLEGITMATE USE. was Wlglne e, P.E LIc. Na L'I y I8 0B OS1B: U 5o 25 O 25 50 100 SCALE IN FEET CTFY PRQIECT NO. ORONO, MINNESOTA SYMBOL LEGEND LOTLINE BUILDING SETBACK BOUNDARY PARCELSDUNDAAYUNE DRAINAGE AND UTILITY EASEMENTS RIGHT-0F4MY FLARED END SECTION W RL1W STORM STUCTURE LABEL WELL SEPTIC SITE EMERGENCYDVERFLQW SWALE SGL EDWNG LO TIDH SE/CTLWU(1 FOUHD IP WETIANDBUFFER MONUMENT g PRE CONSTRUGRDN SLTFENCE POET CDWMJCTION OLT FENCE — -- — SEPTIC'ROTECRON FENCING WOODFBER BLANKET ZZEZZI BrrGHCHEars � unurvFw.Ie � TREE SAVED TREE REWTIVED FINAL UTILITY PLAN KINTYRE PRESERVE CHRIS BOLUS FILE NO. 10114 -Ml 3 E i In N G n C� acs x mi - m V GF 1028-0 j .TF 1028.4 wo B 020-0 l �- ___J ti- T1ra lale 1 fall ', 1112 S 5 4 1- PROJECT THE SYMBOL LEGEND 1. THE HOUSE TYPES AND PLACEMENT AND PROPOSED DRIVEWAYS ARE FOR ILLUSTRATIVE PURPOSES ONLY. A DETAILED CERTIFICATE OF SURVEY WILL BE PREPARED FOR EACH LOT, CONFORMING TO THE THE CITY ,,ccddgVa'�}" 7 I SETBACK REQUIREMENTS, LOTLINE T�•!- �6s n 2. TREE CLEARINGWILL BE REQUIRED FOR THE ROAD AND STORMWATER BUILDING SETBACK BOUNDARY - y�1,�,-.., MANAGEMENT CONSTRUCTION. THERE ARE rREF�SHUNN IN RED, THAT PAWMLBWNDARYLINE \y ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE ,-- \ e 0 AND DRIVEWAY CONSTRUCTION. DRAIN&BE AND LITLRYEASEMENTS " 3. A MONUMENT IS PROPOSED AND A MONUMENT EASEMENT WILL BE E OBTAINED, RIGHT -OF -war REMOVALS; FLARED END SECTION WPAFLRAR _ I E 1. REMOVE & DISPOSE OF EXISTING STRUCTURES ON WITHIN GRADING STORN STUCTURE LABEL yI LIMITS OR AS DIRECTED BY ENGINEER, WELL - 1 ��. 1 2. REMOVE ALL EXISTING SEPTIC S CAP EXISTING WELL LOCATIONS AS 7-,2 NECESSARY. SEPTIC SITE 2. CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS, ETC PRIORTO REMOVAL OFSTRUCTURES, SEPTICS & J OR CAPPING OF DZTING WELLSEMERGENCY OVERFLOWSWM-E ASNECESSARY.SOIL BORING LOCATIONON$r1E BNPS BENCHMARK I FOUND IP L 1. RIP RAP - RIP RAP WILL BE UTILIZED AT ALL APRONS FOR ENERGY DISSfPA71ON AND PROVIDE SEDIMENT CONTROL. wEruwD BUFFER MOI1uAENr 2, SLOPE STABILIZATION - SILT FENCE WILL BE INSTALLED ALONG DOWN � CONSTRUCTION SILT FENCE GRADIENT GRADING LIMITS AND WOODFIBER BLANKET WILLBEUT11.2W POST CONSTRUCTION SILT FENCE. -- 7j'y IL ON ALL SLOPES 3:1 OR GREATER TO PROVIDE ADEQLIATE SLOPE STABILIZATION. SEPTIC PROTECTION FENCING - - r 4$3. BIOROLLS - BIOROLLS WILL BE INSTALLED ALONG THE STREET DITCH TO A z2 - , - ! PREVENT SEDIMENT FROM REACHING THE INFILTRATION BASIN AND DITCH CHECKS ' 3D ... - ,I .. ULTIMATELY DOWNSTREAM WETLANDS. 4. STREET SWEEPING - STREET SWEEPING WILL BE DONE A MINIMUM OF UTILITY POLE ONCE PER WEEK OR MORE FREQUENTLYTO CONTROL DUST AND RAVED L MINIMIZE VEHICLE TRACKING.TREE I: S. PHOSPHOROUS FREE FERTILIZER- PHDSPHOROUS FREE FERTILIZER WILL TREE REMOVED ALSO BE USED ON SITE, _ ! GENERAL NOTES: 2J� C'N Tri 0), a_ r :. E 1. INSTALL SILT FENCE AS SHOWN ON PLAN. AS REQUIRED BY THE CITY OF ORONO OR DIRECTED BY THE ENGINEER ' _ 2. ATEMPORARY SEDIMENT BASIN MUST BE EXCAVATED AT THE BEGINNING OF GRADING OPERATIONS TO PROVIDE �rr,,�� TEMPORARY STORM WATER DETENTION DURING CONSTRUCTION. Ni ,T 30 �_ - -�_ y`� 3- BEGIN GRADING, INSTALL PERFORATED RISER PIPE IN SEDIMENT BASIN WHEN POND GRADING IS COMPLETE, TEMPORARY I� ^(�� - _ v` X41 - '�j�` "k DRAINAGE PIPE SHALL BE USED FOR INTERMEDIATE DRAINAGE DURING THE CONSTRUCTION PERIOD AS NECESSARY AND - DIRECTED BY THE ENGINEER. (�s\ ` GF 50�" 0 / L'' \ 4, INSPECT SEDIMENT BASIN. SILT FENCE, AND ROCK ENTRANCE BERM AFTER ALL RAINFALL EVENTSAS REQUIRED BY THE NPDES PERMIT. S. REMOVE PERFORATED RISER PIPE WHEN STORM BASIN AND STORM SEWER HAS BEEN INSTALLED AND STASH IZED. 6. THE GRADING CONTRACTOR IS RESPONSIBLE FOR ALL STORM WATER INSPECTIONS ACCORDING TO THE MPGA STORM WATER PERMIT. THIS INCLUDES BOTH WEEKLY INSPECTIONS AND INSPECTIONS DONE AFTER 0,5" RAIR EVENT, AGOPY OF THE INSPECTION REPORT MUST BE EMAILED TO THE ENGINEER AND DEVELOPER ON WEEKLY BASIS. 7, THE CONTRACTOR SHALL PLACE ANp MAINTAIN AN EFFECTIVE SILT CONTROL DEVICE. INLET PROTECTION SHALL BE l l l , 1, I 4 1 4; C,4�\ iA ,- & ALL RETAINING WALLS WILL REQUIRE A STRUCTURAL DESIGN, A BUILDING PERNI T&A FINAL INSPECTION REPORT. [ , ' R A 1"-2' CRUSHED ROCK ENTRANCE BERM SHALL BE PLACED AT THE SITE ENTRANCE, TO REPLACESILT FENCE, AND MINIMIZE EROSION ON TO THE STREETS. THE ROCK BERMS SHALL BE THE WIDTH OF THE ENTRANCE AND 2 FEET HIGH __7:7e� 6S Q WITH 4:I SLOPES. +yr, _ -10- THE CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM THE STREETAREAS THROUGHOUT CONSTRUCTION. 1 y m C d 11. THE CONTRACTOR SHALL ATTEMPT TO PREVENT SOIL MATERIALS FROM LEAVING THE SITE BY EROSION AND VEHICLE WHEEL TRACKING. HE SHALL BE RESPONSIBLE FOR CLEANING OF STREET, BOULEVARD AND lJT1LffYFACILTTIES 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 ]I} _ EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK, HE AGREES TO BE FULLY # ,_. U7 � * .. +„'� RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXWMY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES, D BUFFER PLANTING NOTES: Z 1. BUFFER AREAS DISTURBED BY GRADING OR CONSTRUCTION ACTIVITIES SHALL BE REPLANTED AND MNNTAINED PER k \ a MINNEHAHA CREEK WATERSHED DISTRICT REGULATIONS, L "•-��!�-t- 2. SOILS "' PRIORTO RE-VEGITAHALL BE �IO NLO4'OO B" OFT PSO LI ORA MINIMUM DEPTH OF 18. ORGANIC MATTER SMALL EE EXISTINGON SD'E ORGANIC MATERIAL INTO SOIL -Iwo _ � (5p� ® l r• � 6 1-:3. SEED W EDAND BUFFER AREAS 4YITH MWDOT 350-MESIG PRAIRIE (36.5 PLS LBSJAC) OR BWSR 34 261 SEED MIS AND _ Q'L PERTILIZE WITH 20 10 ATMO LBWAC �•�..)f - "_ _- .-. `�1 _ ' fi - ,.0 10, , . Q " 1 I' )` s r" 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT 250 AT ARATE OF 100 LWAC AND FERTILIZE WITH 20.0-10 AT IDO LBSJAC(UNLESS OTHERWISE NOTED) ' -- - -- 5. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. B. MULCH WITH TYPE T AT A RATE OF 2 TONSIAC AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT 7. EROSION CONTROL BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 OR GREATER j+i B- MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. JO '� �p B. RESTORATION WORK SHALL BE COMPLETED WITHIN 7 DAYS OF GRADING COMPLETION. _ 4> 6 t FILTRATION SHELF NOTES: ", 1. Intf lex aton oftlefiltrdlDn shelves shell be dug T below the finished find grade. 2. The bioreta16Dn safl within the Stra0on shelvesvAll he installed afterthe slorm sewer autat control shuccre Is Installed, ! - 10 F - . 3. To prevent soll compaction, heavy equipment shat tam not be Slowed within the rain gardens at any s. / I i y ; - n .� 4. The bottom of the flltratWeh n elvr shag balled a mlaid mum 12" polar 14 pFadng the biwekrrlfon sol. S. RelalMay light equipment whb tacks shall be used to ezcavals the filtration shelves 6. Immediately upon completion at grading the fltrdlon shelves, am fence shat be Installed per the plan to establish padmiar L / ! !f I f}' T �, �� L B. The bloreSafi he tentlon within tshelves will be T deep wfth a 6' draMAa ralsed one foot above the base of the bloretention sell. / I + h r 9. The Noretwilon Sall recommended by MNdot of 3148-2J (tne filar sand sggragahe} `/+ `I / F } y R 10, The mix for the tOrrtloh Shelves. should be 100% Sand. ._ 1DsACK ! ', y ff/ 11. MlmnearnaMaldh&saucan s+pl*y and den� this sell premixed. (651) TYPICAL FILTRATION BENCH DETAIL s d 25 ___ _________ { _ __ _--------- _I I I 20 20 a.: -/.- �'�� - '^1K•'�✓ � r.^__ ii fir I 15 NWL L-- ------ _ y' _-_. .dlaMnBs�O�-110 6 10-17a- r---_� ...T 10 ,PadorMet}DmrrnelnosxKltr auorre hl� Meda ne9.l s. 4.y �, • I a 9 Salk I (Beddetl➢rPCk-RdaN, r ap�nl binge, E"eadj side) ; Rip Sint a -.I ,„ J Send FMh Nsdla ' ThICR 50 25 0 25 50 100 + i hA,trnm w i 100%M):oLTT Bp 5148.L [Floe � + Send Aggleges) BCALE LN kEET 0F00 0+10 0+20 0+30 0+40 0+50 _ 0+60 a+70 •� - - _ r4ohe: Esewete etshkn shows z mTaw#dshed grade during grading scllvtles to alb- for placement orlhe bhmleeimh sall during slonn sewer heialaeon. USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF hnencoT T.cn nrT inn, ml�rL.uv un areL.rrrL.n'' n� PREPARED BY ME I: UNDER MY DIRECT Sl1PERVISION AND THAT 1 SORA L,,,TrnwC[ilC . INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT �61� F� - SATHRE-BERGOUIST, INC's EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTER P OFESSIONAL ENGINFF.RUNDER THE SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE�L NESOTA. m SATHRE-BERGQUIST, INC, INDEMNIFY SATHRE-BERGQUIS7, INC. OF ALL RESPONSIBILITY, ® 150 SOUTH BROADWAY WAYZATA, MN. 66391 47643000 ORONO, SATHRE-BERGgUIST,INC. RESER4IESTHE RIGHT TOH011)AN1'1LLEGITIMATF /_-y_ `� w e )062) USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �^'""�I"-- S c4 MINNESOTA FROM ILLEGITMATE USE aft es WIRRme e, p.�r. Date: LJ 1S' Llc. No. Lr y 18 O %%N PLP - FILE NO. FINAL GRADING PLAN 10714.001 KINTYRE PRESERVE 4 CHRIS BOLUS 8 gad` 1 r { • :� f '� ' & 9 b � �• , - �,s� �I "b T �'- �-? r 4 La tit '' ...-._... : _4 jowrrptE---r WD I 1 jw 17 q T ....- �r •� � sig � ':ri r. �% � `�° r , t -. t , r SYMBOL LEGEND LOT LWE BUILDING SETBACK BOUNDARY PAROELBOUNOARYDNE 200 DRAINAGEAND LIMY EASELV WIS RIGHT4F4YAY FLARED END SECTION WBSP•RAP SCALE IN FEE, STOTa.I STLICTIIRE LABEL t �� x. WELL 9 SEPTIC SITE EMERGENCY OVERFLOW SWALE SOILBORINGLOCATIOM NO. SENCHMARKIFOUNDIP DATE WETMND BUFFER MONLMENT I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PRE CONSTRLK TIDN SILT FENCE CITY PROJECT NO. POST CONSTRUCTION SILT FENCE -- — SEPTIC PROTECTION FENCING 1 WOOOFMR BLANKET 08109118 DTTGHGHECPS v INLET PROTECTION UTILITY POLE 10114-001 TREE SAWO 2 -' TREEREMOVED 09118/16 GENERAL NOTES: 1. CONTRACTOR SHALL INSTALLED PERIMETER EROSION CONTROL MEASURES SHALL BE INSPECTED BY THE CRY PRIOR TO ANY DEMOLITION OR LAND DISTURBING ACTIVITIES. CONTRACTOR SHALL PROVIDE CITY WITH 24 NR NOTICE. 2. INSTALL ADDITIONAL INLET PROTECTION IN THE FIRST TWO EXISTING INLETS ON KINTYRE LANE DOWNSTREAM OF PROJECT SITE 3. SEE SHEET 4 FOR ADDITIONAL EROSION CONTROL NOTES. F —i 100 50 0 50 100 200 SCALE IN FEE, - 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. bwebollls 1 CAW 08109118 FINAL PLAT APPLICATIONh„-REMOVER PADS INFORMATION) OF THIS PRODUCT ISSTRICTLYPROHIBI EDWRHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO THAT I gas BORy FINAL EROSION CONTROL PLAN 10114-001 DRAWN BY 2 -' CAW - 09118/16 FINAL PLAT CQM�NEJ�T -. iTRAI TEN RW, SATHRE--BERGQUIST, INC:s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AMA DULY REGISTER OFES510NAL ENGINEER UNDER THE LAWS THE STATE NESOTA. F6 SATHRE-BERGQUIST, INC. CAW -- - -- ---- SiA1DAUTHORIZATIONCONSTITUTESANILLEGITIMATE USE AND SHALL THEREBY ----------{--'— `--"'INDEMNIFY SATHRE-BERGOUIST,INC. OFALL RESPONSIBILITY. a > 150 80FITH BROADWAY WAYZATA, MN 65391 {962) 476-0000 ORONO, KINTYRE PRESERVE Tj CHECKED BY -- - SATHRE-[REINC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE .., m 4r CAW — -- --- ----------------- USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING a Sgs.PE '� FRs MINNESOTA CHRIS BOLUS p DATE - - - - - - FROM ILLEGITMATE USE. Date: (] fS- Uc. No. Lf 9 f 8 D PLP S 08117115 y � � �T 1f SUF AVI='RAGIRI.� 5,264 SCFTL ;dfTIGATI TI SQFT I MI`GA nON � r �Bl1F�ER ��'ri 1, all BTiFT �✓:+ IMPACT.,! cYf�P x. 7 4 PRESERVE MNRAM 12-01-15 I r� JaUFFI a .L AVERAGING � 1,311680FT r i FJITIGATION' ! _ �O �` BUFFER 1 * AVERAGING t �,�, , i,ri6 saFr _ -$✓ ��' q Weiland 2 PRESERVE KRAM 12-01-15 50 . & rr ) ft; DO I S BUFFER .-AAVERAGING i 15,782 SOFT MITIGATION 36��f 1 BUFFER e ®. ® VERA 113 --. -'s -.';"`/ i' - -yx 462 SOFT 7. G AA1A 7�� ,. .IMPACT } ' - 1 ,Lri .,�'�&µOCES6.'I '', I WetlandMarfW s ell �.'�'+� X ✓ MNRAM 120,-15 -5 ,- o5 ry 11*'A,CT $UFFE SYMBOL LEGEND LOT U14E BUFFER BUILDINGSETBACK BOUNDARY - PARCEL BOUNDARY LINE IMPACTS DRAINAGE AND LRBRY EAsEmENTS RIGHT -0F -MY FLARED END SECTION WIRIPAAP' STORM SNCTLIRE LABEL WELL SEPTIC SITE EMERGENCY OVERFLOW SWALE =• SOIL BORING LOCATION BENCHMARKAFOUNDIP WETLAND BUFFER MONLAgRiT PRE CDNBTBUCTKTN 8ILT FENCE POST ODNSTM=DN SILT FENCE - -- — SEPTIC PROTECTONFENCING --.-..... WOODFIOERBLANNET DnC CIECKB vJ UMU`FY POLE TREE SAVED TREE REMOVED 11 AV—IN 6ir-. .BUFFER �- 2,42954FT AVERAGING J 1 IM PAtCT 2,884 SOFT §'7- BUFFER MITIGATION -'AAT T�" 77�K AVERAGING 50 25 0 25 50 100 5.285 SOFT MITIGATION SCALE IN FEET i DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY GERTIFYTHAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. 8109116 .FII' PIAT AP PgCATO1N_REMOVI�DPAOS_ INFORMATION) OF THIS PRODUCT IS STRICTLYPROHIBITED WITHOUT PREPARED BY ME OR UNDER MIYDIRECT SUPERVISION ANDTHATI oss $L — BUFFER AVERAGING PLAN 9119116 „FINALpLACO) ,TAMMEi1TS_-_STPAJGIjjEN.$OpD_ BATHRE BERGOUIBT, INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGI P OFESSIONAL ENGINEER UNDER THE 10114-007 -- SAID AUTHORIZATION CONSTFIUTESANILLEGITIMATE USE AND SHALL THEREBY LAWS Of THE STATE NESOTA. N SATHRE-BERGQUIST, INC. ---- -'- - ----"- -----'-INDEMNIFY BATH RE-BERGOULST,INC. OFALL RESPONSIBILITY. ORONO, KINTYRE PRESERVE 6 15D SOUTH BROADWAY WAYZATA, MN. 66991 (962)478-6000 - - - - -- - - - -- SATHRE-0lRGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE Rn - --_.-___---_---- USER ORPARTY LEGALLY RESPONSIBLE FOR DAMAGES ORLOSSES RESULTING.eP MINNESOTA CHRISBOLLIS _ _ _ . FROM ILLEGITIMATE USE. �'4't.?Rs ALP Date: S' LID. No. y i ! 8 0 BUFFER BUFFER AVERAGING AVERAGING IMPACTS MITIGATION 11 AV—IN 6ir-. .BUFFER �- 2,42954FT AVERAGING J 1 IM PAtCT 2,884 SOFT §'7- BUFFER MITIGATION -'AAT T�" 77�K AVERAGING 50 25 0 25 50 100 5.285 SOFT MITIGATION SCALE IN FEET i DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY GERTIFYTHAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. 8109116 .FII' PIAT AP PgCATO1N_REMOVI�DPAOS_ INFORMATION) OF THIS PRODUCT IS STRICTLYPROHIBITED WITHOUT PREPARED BY ME OR UNDER MIYDIRECT SUPERVISION ANDTHATI oss $L — BUFFER AVERAGING PLAN 9119116 „FINALpLACO) ,TAMMEi1TS_-_STPAJGIjjEN.$OpD_ BATHRE BERGOUIBT, INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGI P OFESSIONAL ENGINEER UNDER THE 10114-007 -- SAID AUTHORIZATION CONSTFIUTESANILLEGITIMATE USE AND SHALL THEREBY LAWS Of THE STATE NESOTA. N SATHRE-BERGQUIST, INC. ---- -'- - ----"- -----'-INDEMNIFY BATH RE-BERGOULST,INC. OFALL RESPONSIBILITY. ORONO, KINTYRE PRESERVE 6 15D SOUTH BROADWAY WAYZATA, MN. 66991 (962)478-6000 - - - - -- - - - -- SATHRE-0lRGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE Rn - --_.-___---_---- USER ORPARTY LEGALLY RESPONSIBLE FOR DAMAGES ORLOSSES RESULTING.eP MINNESOTA CHRISBOLLIS _ _ _ . FROM ILLEGITIMATE USE. �'4't.?Rs ALP Date: S' LID. 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DEPTH 4.51 STORM SEWER BEDDING STANDARD CURB DETAILS CATCH BASIN INLET PROTECTION DETAIL OIICN CJiECK /FIBER ROLL DETAIL TWIN REINFORCED CONCRETE TOP SLAB I WMCO OWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CRY PROJECT NO. _. FILE NO. beBehO111s 7 CAW 0_5109178 FINAL PLOT APPLICATION - REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION APiI THAT rrceP°' 8���t — DETAILS iDT Tgm1 )RAWN BY 2 CAW_ 08176116 _ FINAL PLAT COMMENTS STRAIORTEN ROAD_ SATHREBERGQUIBT, INC.'s EXPRESS WRiCTEN AUTHORIZAnow USE WITHOUT . AMA DULY REGISTERED PI}O'FESBIONAL ENGINEER UNDER THE CAW - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SWILL THEREBY LAWS O THE STATE Of hQNNESOTA. I S`" ATH R E_ B E. G O 1 1 I `.,"i INC. iECKEO BY - - -= INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILRY. /(//// a ORONO KINTYRE PRESERVE 7 - SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 1 W SOUTH BROADWAY WAYZATA, MN. Sfi397 (962)4T6�000 I DATE -- - - - - - - - - - - - FUSER ROM IOLLPARTY EGITMp,TEL USE RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING e, P. %F P"eo- MINNESOTA OSrITn6 DRIB: 'M 9 �r1(�s LIC No. 49i8o R8 p� CHRIS BOLUS 8 NDlL4 a. PP•S �. O Z Q a m m m rn 11 A 5 7a 7 4 ie 1� OR 3 ♦may" r �� ry T J' s a 4 1 k a k � a PRESERVE yMNRAM 12-0iyi5 1 R. �r 4� ax I Y r 1 1 Y / fir � � is •�. 1- 1 RESTORATION NOTES: 1. RESTORE ALL DISTURBED AREAS WITH G' OF TOPSOIL, OR EXISTING ONSITE ORGANIC MATERIAL 2. DISTURBED BUFFER AREAS SHALL HAVE SOILS DECOMPACTED TOA DEPTH A OF 18' AND ORGANIC MATTER INCORPORATED INTO SOILS PRIOR TO REVEGETATION PER MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) WETLAND PROTECTION RULE 7, 3. DISTURBED BUFFERS SHALL BE REPLANTED WITH NATIVE SEED MIX ORNATIVE PLANTINGS APPROVED BY THE DISTRICT. 4. SEE POND SLOPES WITH MN/DOT 310 OR BWSR PB SEED MIX AT A RATE OF 100 LEIVACRE AND FERTILIZE WITH 2041D AT 100 LBS/ACRE 5. SEE ALL OTHER DISTURBED AREAS WITH MNDOT 250 & BWSR SEE MIX FOR WETLANDS ATA RATE OF 1 DO LBWACREAND FERTILIZE WITH A 20-0.10 AT 100 LBSIACRE (UNLESS OTHERWISE NOTED G. 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 BEEN ESTABLISHED. 9. RESTORATION WORK WILL B COMPLETED WITHIN 72 HOURSOFGRADING COMPLETION. 10, WETLAND BUFFERS SHALL INCLUDE LANGUAGE THAT INDICATES THE PURPOSE AND RESTRICTIONS OF THE BUFFER AS WELL AS LISTING MCWD & THEIR PHONE NUMBER (951 641-0532.). 11. RESTORE CONSTRUCTION ACCESS AFTER CONSTRUCTION 18 COMPLETED 12. DE -COMPACT SOILS UNDER REMOVED HARD SURFACES AND ALLCOMPACTED SURFACES PR[ORTO RE-VEGITATION. 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 18. ORGANIC MATTER SHALL BE INCORPORATED INTO SOIL PRIOR TO RE-VEGITATION. TILL 4' TOG' OF TOPSOIL OR EXISTING ON SITE ORGANIC MATERIAL 3. SEED WETLAND BUFFER AREAS WITH MNlDOT 35G -MESIO PRAIRIE (35.5 PLO LBSIACEOR BWSR 34-261 SEED MiX AND FERTILIZE WITH 204}10 AT AOD LBSIAC 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT 260 ATARATE OF 100 LBBAAC AND FERTILIZE WITH 2OJ0-10 AT 100 LMAC (UNLESS OTHERWISE NOTED) S. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. 6. MULCH WITH TYPE 1 AT A RATE OF 2 TONSIAC AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT 7. EROSION CONTROL BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 OR GREATER S. 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 YiAR FOR FIVE YEARS. AFTER THREE YEARS APPLICANT MAY SUBMITWRITTEN REQUEST TO CEASE ANNUAL MONITORING IF WETLAND IS WELL ESTABLISHED (REOUIRES OISTRMTAPPROVALj 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 WE TOMO 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 PRESENT TO APPROVED PLAN/ TING I SEEDING RAN. D. WRITTEN NARRATIVE THAT IDENTIFIES MANAGEMENT STRATEGIES TO BE UTILIZED DURING UPCOMING GROWING SEASON TO MANAGE INVASIVE SPECIES, IMPROVE PERCENT COVER & SPECIES DIVERSITY & i MITIGATE ENCROACHMENTS. 1, WETLAND BUFFER- DISTURBED BUFFER MANAGEMENT& MAINTENANCE PLAN: YEAR 1: 1. SEEDED WETLAND &BUFFER AREAS SHALL BE MOVED TO A HEIGHT OF d TO6INCHES A MINIMUM OF TWO TIMES DURING THE FIRST GROWING SEASON & BEFORE SEPTEMBER 30. 2. INVASIVE & NON-NATIVE SPECIES IN WETLAND BUFFER SHALL BE SPOT SPRAYED TWICE ANNUALLYAT 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 SPRANG 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 a TO B 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 SWILL 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 MATVTRE 2. SPOTSPRAY PERENNIAL WEEDS AS NECESSARY, 0 REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDADR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS - FINAL PLAT APPLICATION - REMOVEDPADS INFORMATION) OF THIS PRODUCT IS STRICTLYPROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT l F,6A5 8044 ]NALPLA7 Q91VIFRENT-. _STRNGFifEN ROAD SATHRE:BERGQUIST, INC.'. EXPRESS WRITTEN AUTHORIZATION. USEWITHOUT AMA DULY REGISTER P OFESSIONAL ENGINEER UNDER THE A Ft W SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE OF IrNESOTA- i SATHRE-BERGQUIST, INC, - -- -- -- - - -- - - - - - - - - - INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. 15D SOUTH BROADWAY WAYZATA, MN. 553D1 (052)4788ODD -- -- - - - - - - - - - - -- -- - - - SA7HRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE "' w _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTNG Au FROM ILLEGITMATE USE, Date: �� LIC. W. A-14I8Q 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) PROPOSED CONIFERS TREE EXISTING TREE SAVED Q BUCKTHORN REMOVAL AREA � R � GARLIC MUSTARD REMOVAL AREA GO 30 0 30 120 SCALE IN FEET c'" PRG'E�T"°• LANDSCAPE PLAN & WETLAND BUFFER FILE NO. MAINTENANCE & MONITORING PLAN 10114001 ORONO, KINTYRE PRESERVE g MINNESOTA CHRIS BOLLIS LN K Real People. Real Solutions. October 5, 2016 City of Orono Attn: Mike Gaffron 2750 Kelley Parkway Orono, MN 55356 RE: Final Plat Application 16-3860 Kintyre Preserve Engineering Review #2 Dear Mike: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax: (9521448-8805 Bolton-Menk.com 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: Council Exhibit D I. Stormwater management for the proposed site meets City requirements. Proposed peak runoff rates will be restricted to less than existing peak runoff rates, and volume control will be provided in accordance with NPDES requirements. 2. The Engineer's Estimate indicates proposed improvements will cost $325,628.00. Therefore, a Letter of Credit totaling 150% of proposed improvement costs ($488,442.00) should be submitted prior to any land disturbing activities. 3. The minimum escrow of $10,000 should be submitted prior to any land disturbing activities to provide for erosion control and engineering oversight. 4. Clear drive lanes must be maintained on existing Kintyre Lane during construction. The Contractor will have to exercise care during mobilization of equipment to not block traffic, and parking for construction workers should be restricted to on-site only. The Contractor should submit a Traffic Control Plan prior to any work. 5. Record drawings must be submitted upon completion of the project. If the proposed permanent pond is to be used as a temporary sediment basin during construction, as -built survey shots on pond must be obtained after construction sediment is removed and side slopes re -dressed. 6. Horizontal curves for streets with a design speed of 30 mph must provide a minimum 275' radius. The curve located at approximately station 5+00 does not meet the minimum requirement. The Plat should either be revised or a variance would be required. 7. The 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. 8. Removal items not depicted on the other plans should be noted for demolition on the Site Plan. These items include the construction access driveway and the portion of driveway removed that use to serve Lot 5. 9. The grading necessary to remove the existing driveway to Lot 5 should be indicated on the Grading Plan. Any existing culvert present should be removed, and the drainage way should be restored to pre -development conditions. 10. Notes detailing procedure and schedule for connection of new street to existing Kintyre Lane should be included with plan. Bituminous pavement should be saw -cut for clean match lines. Enough existing curb and gutter should be removed to install 15' radii to the new alignment. Final extent of H:\0RN0\C13109539\15-3763_200 Stubbs Bay Asad\Final Plat\Reviem\Kin ymPmse a PinelPlaS 2016-10.05.doc Bolton $ Menk is an Kintyre Preserve Final Plat Application October 5, 2016 Page 2 existing infrastructure removal shall be coordinated in field with City prior to any demolition. Notes should also include schedule for removal of Construction access. Please let me know if you have any questions or need additional information. Sincerely, Bolton & Mank, Inc. M� M r Robert E. Bean, Jr., P.E. Water Resources Engineer H:\0RN0\C13109539\15-3763_200 Stubbs Bay Road\Flnal Plat\Revlews\KlntyrePreserve F1nalPWC2016-10.05.do Rnl1n- R Monk is an F� L.r r*%4 a rte . E=---' 1% � r� Consulting Engine s & Sirveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-mank.com September 2, 2016 City of Orono Attn: Mike Gaffron 2750 Kelley Parkway Orono, MN 55356 RE: Final Plat Application 16-3860 Kintyre Preserve Engineering Review #1 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: 1.0 GENERAL: 1.1 The estimated costs of proposed improvements should 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 costs must 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. 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: a. Siltfence b. Rock Construction Entrance c. Erosion Control Blanket d. Inlet Protection e. Biolog f. Riprap g. Catchbasin h. Flared End Section w/ Trashguard i. Pipe Bedding j. Curb and Gutter 1.3 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 1.4 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. 1.5 The Homeowners Association documents adequately define responsibility for the maintenance of stormwater management facilities being that of the Association. However, a Maintenance Plan should be included as an exhibit to the documents and should define types and frequencies of inspections and maintenance activities. Final Plat Application 16-3860 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 after construction sediment is removed and side slopes re -dressed. 2.0 STORMWATER MANAGEMENT PLAN: 2.1 A final Stormwater Management Plan matching improvements proposed must be submitted to verify plan meets all requirements. Per City requirements, proposed peak runoff 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 surface at ultimate development must provide volume retention equal to I" 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 must provide 1,800 cf storage below the outlet for each acre draining to it. 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 Outlot 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 stormwater management facilities (i.e. storm sewer, swales, ditches, and ponds). Easements should be shown on Final Grading and Utility Plans in order to verify coverage. Easements may need to be adjusted in order to accommodate revisions necessary to gain City approval. 3.3 Standard Wetland Conservation and Flowage Easements should be provided over all wetlands. The Final Plat should indicate Drainage Easements only over wetlands and wetland buffers. 4.0 FINAL SITE PLAN: 4.1 The 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 Wetland #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 locations as follows: a. Lot 2 — a driveway over 12% would be required, existing topography slopes 18% 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 runoff to be directed into the structure. 5.4 The grading around the pond should be revised to provide a minimum 1' freeboard from 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 FINAL STREET PLAN: 6.1 Several horizontal curves do not meet the minimum 275' radius requirement for streets with a design speed of 30 mph. The three small curves near the connection to the existing street should be removed, and the radius of the curve at approximately station 5+00 should be increased 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 plan. Bituminous pavement should be saw -cut for clean match lines. Enough existing curb and gutter should be removed to install 15' radii to the new alignment. Final extent of existing infrastructure 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 UTILITY PLAN: 7.1 Inverts indicated for FES 1, CB2, and CB3 do not match proposed grading. It appears inverts should be adjusted approximately 6.0' up. 7.2 Inverts should be provided for draintile installed in filtration shelf to ensure system is correctly installed. Draintile should be extended to high water level on "dead-end" runs, and cleanouts installed at terminations to allow for maintenance. 7.3 Castings should be indicated on plan for inlets. Neenah casting R -3067-V is recommended. 7.4 Notes should be included 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 constructed. 8.0 FINAL EROSION CONTROL PLAN: 8.1 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. Contractor must provide 24 hour notice prior to inspection. 8.2 Erosion control blanket should be installed on slopes of 3:1 and swales/ditches. Hatching 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 project 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 Invasive 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 ensure 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 -compaction 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 Outlot 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 likelihood of invasive species and noxious weeds taking root is greatly increased. 9.5 The portion of Outlot 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. � 64 Robert E. Bean, Jr., P.E. Water Resources Engineer Council Exhibit E (reserved for recording information) DEVELOPMENT CONTRACT (Developer and City Installed Improvements) Kintyre Preserve AGREEMENT dated . , 20___, by and between the CITY OF ORONO, :i Minnesota municipal corporation (the "City"), and CHRISTOPHER W. BOLLIS and RACHEL A. BOLLIS, husband and wife (together, the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for KINTYRE PREsERW (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 in the attached Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract and fumish the security required by it. The City will cause the Plat to be duly recorded in the office of the Registrar of Titles 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. 188905v1 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise disturb the earth, remove trees, 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 Plat has been duly recorded in the office of said Registrar of Titles. 4. PHASED DEVELOPMENT. NIA 5. PRELIMINARY PLAT STATUS. NIA 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from 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 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 (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Hennepin County Environmental Services and Minnehaha Creek Watershed District. If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: Plan A — Plat of Kintyre Preserve Plan B - Grading and Erosion Control Plan Plan C — Street and Utility Plan Plan D —Landscape Plan Plan E — Wetland Impact and Buffer Plan 188905v1 2 Plan F SWPPP Plan Plan G — Conservation Design Report and Master Plan Plan H — Tree Preservation Plan Plan I — Stormwater Maintenance Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Pians (the "Improvements"): A. Site Grading, Ponding, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Private Roadway E. Storm Sewers and Stormwater Management Facilities & Ponds F. Development Landscaping G. Underground Utilities The Improvements shall be installed in accordance with 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 submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. 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 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 188905v1 3 "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 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 505.021 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 Rights -of -Way • DNR for Dewatering • City of Orono for Building Permits ++ Minnehaha Creek Watershed District for erosion control permit and storm water management permit NPDES Permits (National Pollutant Discharge Elimination Systems) issued by 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 Ievel 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. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 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 188905v1 4 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 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 storm water pollution prevention plan, and the erosion control plan 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 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 grading and erosion control plan, Plan "B". The plan shall conform to City of Orono specifications. Within thirty 188905v1 5 (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 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 have been 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, builders, subcontractors, 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. 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"), the form and substance of which shall be subject to City approval, governing, among other things, the maintenance and use of the private roadway on the Land to serve all Lots within the Land. The homeowners association covenants shall provide that the private road will be maintained to reasonable standards at all times by the homeowners association and that failure of the homeowners association to so maintain the private road will be cause for the City to accomplish the needed maintenance and to assess the benefited 188905v1 6 properties for the direct cost of such maintenance. 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 project, coordination for final inspection and acceptance, project 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. 19. ENGINEERING, OVERSIGHT, AND EROSION CONTROL ESCROW. Contemporaneously with the execution of this Agreement, the Developer shall deposit $10,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Agreement, if compliance with the terms of this Agreement are not accomplished. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Developer. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the 188905A 7 balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee for six new two -acre lots at $7,680 per lot. $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. Payment for five new lots is appropriate, as the site contains two existing homes on two separate parcels. 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 lots x $5,550.00 per lot = $27,750.00 22. LANDSCAPING. All landscaping shall be installed in accordance with the approved landscape plan. Developer shall post a landscaping security (to be included in the Letter of Credit) at the time of final Plat approval to ensure that the landscaping is installed win accordance with the approved Plan. 23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Preliminary Plat Conditions Apply. Development of the Land is subject to implementation of and adherence to the findings and conditions listed in (1) Resolution No. 6536 approving the Preliminary Plat for Property Located at 200-350 Stubbs Bay Road North File No. 15-3763, adopted by 188905v1 8 the Orono City Council on September 14, 2015; (2) Engineering Reviews, dated September 2, 2016 and October 5, 2016, by Robert E. Bean, Jr., F.E., Bolton & Menk, Inc.; and (3) Resolution No. approving the Final Plat for Kintyre Preserve, adopted by the Orono City Council on ^ , 2016. B. Conservation easements for the protection of wetlands, steep slopes, woodlands and open spaces must be established over all lots as shown on the Final Plat Inset A. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetland (the "Conservation Easement"), in recordable form, specifying the proposed conditions and limitations to be placed on the specific areas noted above. The easement shall incorporate as a minimum the following elements: no structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement. Creation and maintenance of non -hardcover walking paths may be allowed. Permanent markers of a design and material acceptable to the City Planning Director shall be placed at all points where the conservation easement intersects a lot boundary or where the easement boundary line changes direction. The recording of the Plat and the Conservation Easement shall be conclusive evidence of the satisfaction of this special provision. C. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. D. The Developer shall establish a homeowners association with covenants providing that the homeowners association will be responsible for all future maintenance of the stormwater ponds and facilities within the Land. Developer will execute a Stormwater Maintenance Plan and an easement in favor of the City for inspection and maintenance of stormwater facilities. E. The Developer shall construct a private road on the Land to provide access to all lots. The private road may be designed to preserve existing vegetation, subject to the approval of the City 188905VI 9 Engineer. Before the City signs the PIat, the Developer shall provide the City with an appropriately executed permanent road, drainage, and utilities easement, in recordable form, over the outlot containing the private road. F. 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. 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 exception of Lot 7, for which an alternate site must be provided that meets the 50 -foot 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 the Land. Before the City signs the Plat, the Developer shall furnish an appropriately executed Declaration of Restrictive Covenant for Protection of Sewage Treatment Sites, in recordable form. Developer shall also execute an Agreement Regarding Septic System, which phases out the use of the septic system serving Lot 5 which is partially located within Lot 4. G. All of the proposed lots must contain suitable area meeting all established setback requirements to allow the construction of single family residences. H. Prior to City Council approval of the final Plat, 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. 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. I. The Developer shall pay to the city engineer the amounts incurred for the preparation of record construction drawings and City base map upgrading. J. The Developer shall submit the final Plat in electronic format. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar 188905VI 10 (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'. 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 following is a summary of the security requirements due under this Contract, which crust be in place at the time of final plat approval: Improvements (Letter of Credit) $448,442.00 Cash Escrow 10,000.00 Total Security S4L8,442.00 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, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's 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. 188905A 11 25. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval: Park Dedication Fee $27,750.00 Storm Water and Drainage Trunk Fee 46,080.00 Final Plat Fee 700.00 Total Cash Requirements & Fees $74.530.00 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 continence 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, Ietter 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 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 Hennepin County Environmental Services and Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in 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. 188905VI 12 B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself 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 eight percent (8%) 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 City acts as agent may be imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges and building permit fees. 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 or any successor in interest to the Developer. 1889050 13 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. Contract. B. Third parties shall have no recourse against the City or Developer under this 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. 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. 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, material men, 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. 188905A 14 H. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with 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 the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 1. 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. I 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, 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. K. 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. L. 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. 188905v1 15 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: 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 following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. CITY OF ORONO By: Lili Tod McMillan, Mayor (SEAL) M STATE OF MINNESOTA } ( 55. COUNTY OF HENNEPIN ) Jessica Loftus, City Administrator 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 DEVELOPER Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) 188905v1 16 (ss. COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this day of 2016, by Christopher W. Bollis and Rachel A. Bollis, husband and wife. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 Notary Public EXHIBIT A TO DEVELOPMENT CONTRACT Parcel 1: 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 114 of the Southeast 1/4 of Section 32, Township I IS, 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 1l4 of the Southeast 114; 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 1 rod to point of beginning. Abstract Property. Parcel 2: Lot 2, Block 1, Tamarack Hill, Hennepin County, Minnesota. Abstract Property. 188905vl 17 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Christopher W. Bolus and Rachel A. Bollis, husband and wife, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this day of _ , 2016. Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Christopher W. Bolus and Rachel A. Bollis, husband and wife. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188905vl 18 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Christopher .l. Hollis and Gail M. tsoms, husband and wife, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this day of Christopher J. Bollis Gail M. Bollis STATE OF MINNESOTA ) ( SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Christopher J. Bollis and Gail NL Bollis, husband and wife. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188905v1 19 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT Wells Fargo Bank, N.A., 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 Wells Fargo Bank, N.A. M STATE OF MINNESOTA ) (ss. COUNTY OF } The foregoing instrument was acknowledged 20 , by the _ Bank, N.A., on its behalf. DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 5MM before me this NOTARY PUBLIC 188905vl 20 day of of Wells Fargo MORTGAGE CONSENT TO DEVELOPMENT CONTRACT Tradition Capital 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 STATE OF MFNNESOTA COUNTY OF The foregoing instrument was 20___, by Capital Bank, on its behalf. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM Tradition Capital Bank M. Its acknowledged before me this the 1889051 21 day of IRREVOCABLE LETTER OF CREDIT No, Date: TO: City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. J, dated 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 Bankes on or before 4:00 p.m. on November 30, 2 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. 600. 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 188905v1 22 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: ADDRESS: AGENT: ADDRESS: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE I 1 EXPIRATION DATE 1 I 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 l I EXPIRATION DATE 1 I INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective LIMITS: General Aggregate Limit (Other Than Products -Completed Operations) $ _ Products -Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence $ 188905vl 23 ( ) Other COVERAGE PROVIDED Operations of Contractor: Yes No Operations of Sub -Contractor (Contingent): Yes No Does Personal Injury Include Yes —No . Claims Related to Employment: Yes No Completed Operations/Products: Yes No Contractual Liability (Broad Form): Yes No EXCEPTIONS: 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 No. AUTOMOBILE LIABILITY POLICY # EFFECTIVE DATE: I, EXPIRATION DATE: I I INSURANCE COMPANY: ( )Any Auto ( )All Owned Autos ( )Hired Autos ( )Non -Owned Autos LIMITS: ( )Scheduled Autos Bodily Injury $ Each Person I $ Each Occurrence OR Combined Single Limit $ Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # EFFECTIVE DATE: I 1 EXPIRATION DATE: 1 I INSURANCE COMPANY 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 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 1$$905v1 24 Council Exhibit F DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS KINTYRE PRESERVE THIS DECLARATION IS EXEMPT FROM THE PROVISIONS OF THE MINNESOTA COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES CHAPTER 515B, PURUSANT TO MINNESOTA STATUTES 515B. 1-102(c)(2). 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, "Declarand'). Recitals A. Declarant is the owner of certain real property iocated 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 outlets pursuant to the plat of Kintyre Preserve (the "Plat"); and C. Declarant evelepeFwishes 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. Isssz7vl 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. 19 "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 is8927A 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. 188927vl 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, A#1}SETBACKS AND.C9V)ENANTS 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 AeeeswEasements. Declarant hereby declares and creates: (a) a perpetual, non-exclusive easement over the RoadwavY4%te-�, for the benefit of all Owners, Occupants, and their guests, agents, and invitees for access over and across the RoadwaryPtkate-mead; and (b) a perpetual, non-exclusive easement over the RoadwavPriv_� `moo—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 Linc, gravel or paved road, and any and all appurtenances, including drainage control structures, incidental and related thereto; and (iii) ingress and egress over the Roadway rivate Read for inspection by the City of any portion of the Property, animal control, snow removal, maintenance, repair and replacement of the RoadwayArival-m- Bead and the stone water drainage facilities on the Property, and exercise of any rights or remedies granted to the City by this Declaration. 3.4 Roadwav 4vste4Zee4-a.:oe -�eMMaint2nance. The Road11w Pfiv is not a publicly dedicated roadway, and the City of Orono has no obligation to maintain or service the RoadwayPfPAAe4Zead. The Association shall assume and agree to pay the total costs for maintaining, repairing, altering and reconstructing, if necessary, the Roadwayiand all improvements located thereon or thereunder so as to fully comply with the ordinances of the City of Orono in regard to lEAate-riR Late l-eadsroads, provided that such costs shall be included in the calculation of Common Expenses. 1as927vi Should the Association fail to maintain the Roadway, the City may, at its option maintain the Roadway and assess the cost of maintenance against the Lots. 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 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. i Formatted: Not Formatted. Not 3;11 Stormwater Maintenance Covenant. The Owners shall pay an eoual share for all costs' , ; Form to maintain and repair the gormwater �ganagement facilitie set forth on the Plat. a: ----------------------- i Formatted: Not Maintenance shall include all necessary maintenance required to keep the §tormwater _ Formatted: Section, Space After. 12 pt Line spacing: single, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment: Left + Aligned at: 0" + Tab after. 0.5" + indent at: 0.5" 188927vl Formatted: Not Highlight management facilities_ functioning as designed, and all maintenance shall be conducted _in _ Fonmatted: Not Highlight compliance with all applicable provisions of the City of Orono Municipal Code (the "City Code"land the Stormwater Maintenance Plan adopted in conjunction with the Plat_ __ - Formatted: Not Highlight - - - - - - - ----------------------- -- ------ - All maintenance shall be conducted by the Association orjts_contractors, at the Owners' Formatted: Not Highlight expense. ------------------------------------ Formatted: Not Hiqhliqht 3.12 A,pplicabiiit,LThe covenants and restrictions contained in this Section shall bind each _ ..- j Formatted: Not Highlight Owner of a Lot and shall inure to the benefit of and be enforceable by the City and the Owner of any other Lot, and their respective legal representatives, heirs„ successors and assigns. The -covenants and restrictions in this Section shall be, P ipetual - and considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes Section 500.20 (2015) as may be amended from time to times Formatted: Fart Not Bold 3340— t----Fonmatted: Normal, indent: First line: 0.5% Space After. 0 pt, Line spacing: Double, No bullets or numbering 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 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 1889270 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. 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 198927,i NUISANCES 6.1 Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything by done thereon which may be 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, casements, 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 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; 186927A 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; C. To promote the erection of buildings appropriately located on the Lots, to faster and preserve a harmonious appearance and function and to preserve the quality of views from other Lots; f. 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, 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, 188927vl 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 (21) 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 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 quality 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 comer 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 10 188927v1 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 Roadwany 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 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 it 188927v1 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. 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. 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 Iocated 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. 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 (10%) 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. 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 12 1ss9znA 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. 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 13 189927A 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 Reliet 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. 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 14 issgz7A 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 (3 0) 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. 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 fmally 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 15 188927v1 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. 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 We, 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. Ib isss27Yi 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 (113) 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 DecIarant'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 N USCELLANEOUS 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. 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 17 isan7vi 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 fiuther that the owner(s) of Outlet 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 the sole cost and expense of the owner(s) of Outlot 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 Outlet A shall be deemed a "Lot" hereunder. For purposes of calculating the owner(s) of Oudot A's proportionate share of Common Expenses, each owner that makes up a portion of Outlet 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 t88sz7vi IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. [Declarant] 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 Notary Public This instrument was drafted by: MULLIGAN & BJORNNES PLLP 401 Groveland Avenue Minneapolis, MN 55403 (612)871-1800 19 18a9z7vt Exhibit A ProjReM Lots 1 through 7, and Outlot B, Kintyre Preserve, Hennepin County, Minnesota. 20 iss927,n Council Exhibit G AGREEMENT REGARDING SEPTIC SYSTEM THIS AGREEMENT REGARDING SEPTIC SYSTEM (this "Agreement") is entered into as of the day of , 2015 (the "Effective Date"),—b_y Christopher W. Bollis and Rache: A. Bollis, husband and wife. and Christopher ,l. lsollis and Gail M. Hollis, husband and wife. —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 (the "Mound") associated with the septic system serving Lot 5 ("Septic System") (thA4eund!') is located partially on Lot 4. B. As a condition to the City of Orono (the "City") 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 and are not bein develo ed 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 GFmitee agrees as follows: 1.._.. Temporary Easement. Owner hereby grants a temporary easement for septic system u oses over, across on under, and through Lot 4 for the benefit of Lot 5 for the existing Se tic System and Mound. No new segtic system or mound may be installed. 188926vl 2, Termination of Easement. The temporary easement shall ex ire and the Septic System and Mound shall be removed Won any of the following occurrences: I. At such time that Lots 4 and 5 become separately owned; II. At such time that a permit for home construction is, issued for Lot 4; 11I. At such time that a permit for demolition or new home construction is issued for Lot, IV. At such time that a permit for expansion of the existing home on Lot 5 is issued: or V. At such time that the existing system is found to be non-compliant and ordered to be replaced. In the even that one of the termination occurrences exists and the Septic System and Mound have not been removed, no building or demolition permits shall be issued for Lots 4 or 5 until the Septic System and Mound are removed in accordance with this Agreement. 40. Replacement of Septic System. Contemporaneous with the removal of the Sentic Svstem and Mound. Owner egmes `, on or befere the that is ane, h dred twenty (120) days a&r theam Genveyanse Of ei*e.. bat A of 7n..4 5 to any o f the i.tl-e- Tet Q -6N ,ems must shall install a new septic system on Lot 5 that complies with all applicable laws and ordinances including all applicable setback restrictions, or }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. 4. 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. 5. Recording. Upon execution. this Agreement shall be recorded against Lots 4 and 5 at the Owner's expense. - "A endment. This Declaration-mgy not be amended or terminated 12y Owner, its successors, or its assiew without the written consent of the Ci [Remainder ofpage intentionally left blank] I88926vl Formatted: Underline Formatted: Ldt Formatted: Fant: 12 pt The Owner has caused this Agreement to be executed and delivered as of the date first above written. Christo her .1. Bollis Gail M. Bollis STATE OF MINNESOTA ) _ (ss. COUNTY OF HENNEPIN ) The forel?oing instrument was acknowledged before me this day of , 2016, by Christopher J. Bollis and Gail M. Roliis. husband and wife. Notary Public Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2016, by Christopher W. Bollis and Rache! A. Bollis, husband and wife. Notary Public 188926vl ._, 188926v1 Exhibit A Lot 4 Lot 4, Kintyre Preserve, Hennepin County, Minnesota. 188926v1 Exhibit B Lot 5 Lot 5, Kintyre Preserve, Hennepin County, Minnesota. 188926v1 NUNUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 Council 7:00 o'clock pm. Exhibit H 13. #16-3WSARYAN CUISLWE DEVELOPMENT, LLC, ON BEHALF OF P C01ViPANY, SHADYWOOD ROAD, CONDITIONAL USE PERMIT (coadni Mc -Millan oommen this building has been vacant for a long time and that the neighbor ould like to see the building util d. McMillan stated this is a good opportunity and that she is in f or of the proposal. Walsh stated in his A it is a positive for the residents of Navarre. Printup stated his uaders ding is that the owner could come back before the ty for a liquor license, which would reopen the issue. Mattick indicated that is earl point and that the City could Levang noted with a conditional Mattick stated the conditional use at the parking again at that time. permit, the City is saying would be reopened at that is a coffee/bagel shop forever. Mattick stated it will be recorded agar t the land and that theAse can last forever. Walsh moved, Printap seconded, to adVRE�SOtLN NO.6671, a Resolution Grantinga Conditional Use Permit for Coffee Bagrsuant to Orono ?Vianicipal Code SectioA 78-764, File No.16,856. Levang requested both property owners k out the parking situation to avoid any long- term animosity. VOTE: Ayes 4, Nays 0. *14. #16-3837 GEORGE FUNIVAND JUDY I RETREAT (540 OLD CRYSTAV13AY ROAD) — FINAL PLAT, CRYSTAL BAY NO. 6672 Levang moved, Walsh secou, to adopt RESOLUTION .6572, a Resolution Approving the Plat of CYOTAL ea P.M.4Old Crystal Bay Road Soot File No. 16-3857. VOTE: Ayes 4, Nays 0. *15. 8 PAUL CAMERON ON BEHALF OF X LAIN CAPITAL, LLC, 18&5-225 STAL BAY ROAD NORTH — FINAL T — OUTION NO.6673 Levang conded, to adopt RESOLUTION NO.6673, a lntion Approving the Plat of Ctes,185 and 225 Old Crystal Bay Road North, File .153749 and #16- 3858. V 16. #15-3763116-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW Gaffron noted last September the Council adopted Resolution No. 6536 granting preliminary approval for a 7 -lot residential plat. The property is located at 200-250 Stubbs Bay Road North. Page 11 of 34 1INM4 ES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763116-3$60 CEUMTOPHER BOLUS, 200-350 STUBBS BAY ROAD NORTHFWAL PLAT REVIEW (centenued) The applicants have applied for final plat approval in order to finalize the project. Earlier this year the applicants brought forth to the Planning Commission a 5 -lot plat but have chosen to go forward with the 7 -lot plat. Gaffron indicated there are a few questions that have come up for discussion and are listed as follows: Road design. The City's consulting engineer review has indicated that certain horizontal curves in the road design do not meet the City's 275 -foot minimum radius requirement for a 30 mph road. The long curve leading to the new cul-de sac has a 250 -foot radius and is not an issue in Staffs opinion. However, the wobble configuration just north of the existing cud -de -sac has a series of nonconforming curves in an attempt to save trees in this area and maintaining a screening buffer to the neighbors to the south. The question is whether saving trees is a justification. The stronger justification might be that the wobble in the road will have a traffic calming of ec4 which addresses speeding.concerns voiced by the neighbors during the preliminary plat review. 2. Road construction process. Condition 8 of the preliminary plat resolution is a requirement that road construction equipment gain access via Stubbs Hay Road through Outlot A to avoid traffic on Kintyre Lane. The applicants' road contractor has advised them that the equipment for 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 feet of the new road will have curb and gutter, while the northerly 450 feet will be a rural section with ditches. Staff would recommend that the existing condition of Kintyre Lane be carefully documented prior to road constriction, 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. 3. Future use of the driveway in Oudot A, Tamarack Hill. The applicants have requested that the gravel driveway currently serving the existing homes at 300 and 350 Stubbs Say Road North be allowed as access for Lots 5 andlor 6 for some indeterminate amount oftime, potentially related to construction of homes on either lot prior to completion of the new road and cul-de-sac rom the south. Lots 5 and 6 cannot have accesses to both the north and south based on a code requirement. Additional issues for consideration include: a. 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. b. Temporary use of the existing 600 -plus feet long gravel driveway for new construction on a new lot should be, at a minimum, be subject to review by the Fire Department for emergency accessibility. Page 12 of 34 MINUTES OF THE ORONO C rY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15a763116-3860 CHRISTOPHER BOLUS, 200450 STUBBS BAY ROAD NORTH — FLNAL PLAT REVIEW (continrreaq e. There is concern regarding the creek crossing at the east end of that driveway, which is fairly narrow. d. 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. e. The City Attorney has commented that the driveway access easements and covenants should be reviewed by the applicants. U 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 are not using. E If the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. Gaffron stated Staffwill bring a final plat resolution in two weeks but would like direction on the three issues noted above. Chris Bollis, 350 Stubbs Bay Road, stated the purpose of the wobble in the road is to preserve additional trees. If the road comes directly off the outlot, 18 trees versus 14 trees will be impacted. The trees in red are the ones that will be saved due to the wobble. Bollis stated when they were looking to subdivide the property, they were looking at conservation and preservation, which is what they are attempting to meet. The second benefit of the wobble is that it slows traffic down. Bollis noted they are not asking for the road construction equipment to come up Kintyre Lane and that they want all the traffic to come down the existing gravel driveway. The contras or has said he, has no problems with that but that the special paving equipment has to come down Kintyre. As a result of grading the road and putting in cement curb and gutter, there will be a two -foot drop and that the paving equipment cannot go over that drop. Bollis indicated they are talking about one day whom the paving equipment will be there. Bollis submitted a letter from the contractor. Walsh noted the first 250 feet will have curb and gutter and the rest will not. Walsh stated in his opinion the road will have an unfinished look to the road. Bollis noted there will be two lifts of asphalt put down and that one will be done this fall and the other will be in the spring. Bollis stated there is a curb and gutter cul-de-sac which that portion of the road will connect to. The curb and gutter allows more trees to be preserved rather than grading out for ditches. Bollis stated there is a natural transition going into it and is also part of the stormwater management plan. Bollis noted it is easier if the runoff is directed towards a filtration area rather than going to one specific point on a curb and gutter road. McMillan commented Orono has always preferred less curb and gutter, but that there are points where the water needs to be channeled a certain direction. Gaffron asked if the bituminous trucks will also be going up and down Kintyre. Page 13 of 34 1VIINUTES OF THE ORONO MY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15.3763/16-3860 CHRISTOPHER BOLLFS, 200-250 STUBBS BAY LOAD NORTH — FINAL PLAT REVIEW (conttnaedj Bullis stated if the trucks can access through Stubbs Bay, they will do that. Bollis stated the goal is to eliminate use of Kintyre Lane for construction as much as possible. Bollis stated as it relates to the third issue, firture use of driveway, he has a proposal for that use. Gaffron displayed an aerial view of the driveway. Bollis indicated he is proposing that that driveway be used for temporary access until primary connections are made to Kintyre Lane for Lots 5 and 6. There is an existing house on Lot 5, and if the plat is recorded as is, they will lose access over the outlot. Bollis stated he is also asking for temporary access for the purpose of constructing a house on Lot 6, which will give the builder the entire winter to construct the house in the event the mad is not completed this fall. Bollis noted they exceed the fire requirements for the current driveway and use of the driveway over the outlet will just be temporary. Bollis stated he would propose that the permanent access be established within 60 days following the ictal lift of asphalt on Kintyre Lane. Bollis stated in this situation he heels it would be appropriate the driveway remain as a secondary access point. There is an accessory building on Lot 5, which has its entrance off the current driveway. Bollis stated if the house on Lot 5 is demolished, it would be difficult to navigate a driveway back to the accessory building would be virtually impossible given the topography. W6 would also have that temporary secondary access. Bollis stated he does not see how that triggers a corner lot. Walsh commented it appears the driveway access is on Lot 5 but not Lot 6 and that they would need to go through Lot 5 into Lot 6. Bollis indicated it actually splits the lot line. Bollis noted there would be an appropriate easement for vehicles to cross Lot 5 into Lot 6. Levang asked if he is suggesting that that will be permanent. Bollis indicated he would lice the secondary access to be permanent if those lot owners wanted that in the future. Bollis stated he does not want to take that option away and that the infrastructure is already there. The accessory building would be accessed off of that on Lot 5. Levang asked what the accessory building is. Bollis indicated it is a small barn. McMillan stated her concern is the neighbor to the west having more activity on the road than what was originally anticipated. McMillan stated in her view it is okay short-term but not long-term. Bollis noted it would be a secondary access and that the actual use in the future versus today would go down considerably once the new road is in. Levang asked how long the road has existed. Page 14 of 34 MHSTMS OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 olelock p.m. 16. 015-3763/16-3860 CHRISTOPHER BOLUS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (eorrt =49 Bolus stated it has been a driveway since approximately 1978. Gaiiron noted the house to the west was constructed five to seven years ago. Gaffron stated those two lots were previously one lot. McMilIan commented she is not sure she would allow a secondary access for the accessory building only. Walsh stated if Lots 5 and 6 access that, it triggers an upgrade of the road and that the applicant is looking to keep it as a secondary access. Walsh stated the question is whether that is acceptable without the upgrades. Bollis noted those two lots do not technically have frontage along Stubbs Bay Road. McMillan stated her concern with the wiggle in the road is that people will likely drive down the middle of the road, which is something to think about with regard to sight lines. Walsh stated the neighbors feel that anything that potentially has the ability to slow traffic down is it positive and that he is definitely supportive of the wiggle to help that. McMillan indicated she is supportive of it as well as long as it works. McMillan asked if private mads can install their own speed bumps. Gaffron stated the City would not be opposed to it but that he is not sure whether the neighbors would be in fever of it, Walsh commented he now understands the concept of the curb and gutter as it relates to runoff. Walsh stated if the construction traffic can just be limited to the paving equipment, that would be okay, and that in his view the asphalt trucks can handle the drop -0f£ Printup asked if the secondary access could be a construction road. Bollis stated he is proposing to use it to either remodel the existing house or build a new house on Lot 5. Bollis noted it is actually a driveway and not a road. Walsh stated he would be supportive of that since he has not heard of any issues why that would be a problem outside of the rule requiring an upgrade of the driveway. Levang asked whether the applicant has any comments on the other items listed in Staff's report. Bollis indicated he does not Levang asked if Staff was looking for something specific. Gaffron stated he wanted to bring those to the attention of the applicant and the Council. Gaffron indicated Staff will bring the final plat resolution before the Council in a couple of weeks. Rage 15 of 34 NIIIr'UTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-38611 CHRISTOPHER BOLLLS, 200-250 STUBBS BAY ROAD NORTH — FThAL PLAT REVIEW {conii'nue4 McMillan asked whether anyone from the public would like to comment on this application. Tom Fleming, 300 Stubbs Bay Road, stated he believes it makes sense to have the ability to construct homes on the lots but that his concern is if something happens over time and the road is not constructed, whether that will bleed into Lots 4 and 7. Fleming noted there is soil compaction that takes place with road construction and there are mature trees. Fleming stated there has to be some timeline and that it cannot go on forever. Fleming stated he is a little concerned about a secondary access since it is not part of what Orono typically does. Fleming noted the City hes very specific ordinances about multiple access points. Fleming indicated he is the third owner on Oudot A and that he does have concerns about how it is plotted. Fleming noted Tamarack Hill will be superseded by Kintyre. Fleming commented he is not sure how the ownership will go as well as the requirements of maintenance. F[cming indicated he would prefer to we the secondary access eliminated since there is a goad being built. Fleming stated ultimately he is willing to take responsibility for his portion of the outlot. Walsh noted the City Council really does not have much control over the driveway since both mr. Bullis and Mr. Fleming own the driveway and that it will need to be an agreement between the two of them. Walsh asked if he would have any problem to allowing them to use the access to construct the homes. Fleming indicated he would not but that he does not want to see it bleed into more homes. Gaffron noted the development agreement does not allow a home to be built until there is one lift of asphalt laid. Gaffran stated it is reasonable to use the driveway to construct homes on Lots 5 and 6. McMillan concurred that there needs to be some closure to the road. Walsh commented it Wright be five years before both homes are constructed and that perhaps there should be a sunset clause on it. Gaf&on stated what the City typically requires is that the secondary access be graded out so it is not usable once the two homes are built. Gaffron indicated Staff will bring back the approval resolution at the next Council meeting. The City Council took no formal action on this item. a recess from 8:48 0A. to 17. LEVEL II HOME OCCUPAT W LICENSE,&fS FOREST LAKE LANDING Barnhart stated the property owners at 4411 F e Landing would like to use their property for indoor piano concerts for 15 events per year up t people per event. The patrons would be shuttled to the event using a commercial shuttle. the events 'll go latter than 7 p.m., it triggers a Level II home occupation. Page 16 of 34 Date Application Received: 8/12/16 Date Application Considered as Complete: 8112116 60 -Day Review Period Expires: 10/11/16 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: ( �.' Z4 Council Exhibit I Date: September 12, 2016 Item No.: 16 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 815116 B — Draft Final Plat Drawing C — Final Development Plans D — City Engineer Comment Letter 912116 E — Plan Excerpts re Horizontal Curve Radius Variance F — Draft Covenants G — Proposed Septic System Agreement H — Preliminary Plat Approval Resolution No. 6536 (9/14115) 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 15-3763/1.6-3860 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 erect, 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 Iane 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. I£ 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 18136(a); 'lesiderdial driveways, kvpr5aches and microand' states that "one driveway approach shall be allowed from up to two single residential parcels of lanai to the same road, provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having,fronLqge on more than one public road shall be allowed to have a drivewqE 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. 15-3763116-3860 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. 15-3763116-3860 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 fimal plat approval expected to be granted on September 26. Council From: Michael Roll fmailto:miroll@me.coml Exhibit J Sent: Thursday, September 22, 2016 9:14 AM To: Lill McMillan <LMcmillan@ci.orono.mn.us>; Jim Cornickjr <icornickir@ci.orono.mn.us>; Lizz Levang <Ilevans@ci.orono.mn.us>; Aaron H. Printup <aprintup@cLorono.mn.us>; Denny Walsh <dwalsh2@ci.orono.mn.us> Cc: Jessica Loftus <lloftus@ci.orono.mn.us>; Gina Fox <gfox@kraftwalser.com> Subject: Bollis Development 200-350 Stubbs Bay Road North Dear Mayor and City Council Members, My name is Michael Roll and I am the President of the Kintyre Two Homeowners Association that is located on Kintyre Lane in Orono. I just learned earlier this week that the Bollis sub -division is up for final approval with the Council on Monday night. The last information that we received from Mr. Bolls is that they were submitting a revised plat to the City to be reviewed in June. The Association has not had any contact with Mr. Bollis since June 14th, 2106 when we were informed that he was proceeding with a new 5 -lot plat. I am very surprised and frankly, disappointed that we have had no direct communication on this matter. I want to go on record that we do not have an executed maintenance agreement between the developer (Bollis) and the Kintyre Two Association as required by the preliminary plat approval r:lag , ,1 #128, GFS ga :0 "'IZt where it clearly states that there is a legal document required to show "evidence that an access and maintenance agreement between Kintyre Two and Kintyre Preserve homeowners associations has been executed and is in effect'. Please see page 10, section 2D in the first attachment. Furthermore, per the 3500 Watertown Road File No. 05-3152, it is stated clearly on page 3, paragraph 6 that "such document is intended to allow for the extension of the road to the property to the north at the cost of the developer of said property, and allow the future owners of the property to the north access to Watertown Road via the private road, at no cost save for sharing of maintenance of said private road". Please see page 3, section 6 of the second attachment. To be clear, we are not asking the City to negotiate a maintenance agreement on our behalf. However, we do expect the City to abide by the order and conditions set forth in the preliminary plat resolution for the Bollis development. We understand that the developer is planning to build a home in the new development and we look forward to welcoming him and his family to the neighborhood. That being said, we believe it is reasonable to expect a direct conversation on this plan and to work together, as neighbors, on an agreement that is mutually beneficial. We need some additional time to negotiate a final maintenance agreement before the development is approved and ask that the City give the parties involved an additional 30 days to come to an agreement before moving forward. Please include this email as ;oaf of th4 agenda p acrlags. to Mayor A all Council Mernbirs Thank you for your consideration in this matter. Respectfully, Michael Roll President, Kintyre Two Homeowners Association Date Application Received: 9/20/16 Date Application Considered as Complete: 9/20/16 60 -Day Review Period Expires: 11/19/16 REQUEST FOR COUNCIL ACTION Date: October 6, 2016 Item No.: 10 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"_4 Planning Dept. Title: Senior Planner Item Description: #15-3774/16-3867 - Michael Steadman o/b/o Irwin L. Jacobs and Alexandra Jacobs, - 1700 Shoreline Drive - Final Plat Review - Adopt Final Plat Approval Resolution List of Exhibits A — Draft Final Plat Approval Resolution for Adoption B — Final Plat Application C — Final Plat Drawing (3 Sheets) D — Final Development Plans (Sheets 1-5) E — Proposed Boulevard Landscaping and Entry Monument Plan F — Proposed Temporary Traffic Control — Conditions and Signage Depictions G — City Engineer Comment Letter 9/30/16 H — Draft Covenants I — Draft Development Agreement On December 14, 2015 the City Council adopted Resolution No. 6569 granting preliminary approval for a residential plat of the property at 1700 Shoreline Drive, creating three new 2+ acre Lakeshore building lots, leaving the existing residence and accessory buildings on a 20 -acre parcel. The Developer, Michael Steadman on behalf of the property owners Irwin and Alexandra Jacobs, 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 for Discussion The Developer has provided a Boulevard Landscaping and Entry Monument Plan (Exhibit E) for Council review and approval. The landscaping proposed includes shade trees and evergreens in the boulevard of the new road and cul-de-sac, with shade trees uniformly spaced. While in the cul-de-sac area these are mostly within the individual lots, along the main straight road segment they will be in the City right-of-way and in close proximity to the traveled paved roadway. Staff would note that if these become problematic due to road maintenance, safety, or impairing integrity of the retaining walls, the city reserves the right to remove them. The entrance monument proposed within the right-of-way at the beginning of the new cul-de- sac is fairly subtle, simply a post with decorative arm and subdivision name with smaller individual address posts at each driveway. #15-3774/16-3867 October 6, 2016 Page 2 2. The Developer has also provided depictions of the proposed traffic control signage to be placed temporarily during construction — see Exhibit F, which also includes the traffic management conditions as established in the preliminary plat approval. This signage is expected to remain during both road and new home construction. 3. Disposition of the existing cul-de-sac has yet to be determined. City Consulting Engineer Bob Bean in his letter dated 9/30/16 indicates that if the existing cul-de-sac is removed, it would require extensive work to reconnect driveway, and an existing manhole would be outside the remaining pavement in boulevard lawn area. His recommendation is to not remove the excess pavement, leave the existing cul-de-sac as -is. We have asked the Developer to discuss this with the neighbors to determine whether they have a preference for the cul-de-sac to remain or be removed. Additional Items of Note - The City will accept the road and cul-de-sac extension as public upon completion of road construction, and maintain this as public right-of-way thereafter. Similarly, the stormwater facilities which will be constructed to serve runoff from the road and cul-de- sac are on public easements and will be maintained by the City. - Possible house locations as depicted on the preliminary plat and final plans are approved as located on the plans absent the need for average setback variances. The final plat approval resolution states that proposed construction of homes lakeward of those depicted sites may be subject to an average setback review process if staff determines there might be an impairment of the lake views of adjacent lots. The final plat resolution declares that the extension of Heritage Lane is hereby open as a public road. PLEASE REVIEW THE DRAFT RESOLUTION, DEVELOPMENT AGREEMENT, AND COVENANTS. The Development Agreement and Declarations have undergone extensive review by the City Attorney and the Developer's attorney, and appear to address all topics required based on the Preliminary Plat Approval Resolution. Minor revisions to these documents may be made prior to filing. 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, 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 Tanager Estates - File #15-3774/16-3867. I�� a I p)0 El 0 Lei MIX#] 7 D101►m"" Between the Minnehaha Creek Watershed District and The City of Orono This Maintenance Agreement (Agreement) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (MCWD), and the City of Orono, an incorporated municipality and political subdivision of the State of Minnesota ("Orono"). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the MCWD has adopted and implements the Stormwater Management Rule, Wetland Protection Rule, the Waterbody Crossings & Structures Rule and the Shoreline & Streambank Stabilization Rule; WHEREAS, under the Waterbody Crossings & Structures Rule, certain land development activity requires the landowner to record a declaration establishing the landowner's perpetual obligation to inspect and maintain waterbody crossings and structures to ensure that the hydraulic and navigational capacity of the associated waterbody are maintained in accordance with approved plans; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the MCWD; WHEREAS in accordance with the MCWD rules and as a condition of Permit 16-198, the City's obligation to maintain waterbody crossings must be memorialized by a recorded maintenance declaration or, alternatively, a maintenance agreement establishing the City's perpetual maintenance obligation; WHEREAS ORONO and the MCWD execute this Agreement to fulfill the condition of Permit 16-198, and concur that it is binding and rests on mutual valuable consideration; THEREFORE ORONO and MCWD agree as follows: 1. ORONO, at its cost, will inspect and maintain the waterbody crossing as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: A. WATERBODY CROSSINGS & STRUCTURES Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once a year and maintained in good repair in perpetuity to ensure continuing adequate hydraulic and navigational capacity is retained in accordance with approved plans, to ensure no net increase in the flood stage beyond that achieved by the approved plans, to prevent adverse effects on water quality, changes to the existing flowline/gradient and increased scour, erosion or sedimentation, and to minimize the potential for obstruction of the waterbody. 2. If ORONO conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If ORONO conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. (SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MINNEHAHA CREEK WATERSHED DISTRICT By President, Board of Managers CITY OF ORONO By: Its Mayor By: Its Administrator Date: Date: Date: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF TANAGER ESTATES - FILE #15-3749116-3867 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 22, 2015 Michael Steadman (hereinafter the "Developer") on behalf of property owners Irwin L. Jacobs and Alexandra Jacobs (hereinafter the "Owners") submitted an application for approval of a Preliminary Plat for property located at 1700 Shoreline Drive in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, the Orono Planning Commission held public hearings on the proposed subdivision on August 17, 2015 and again on September 21, 2015 and voted 6 in favor, 0 against to recommend approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the proposal at its regular meetings held on October 12, 2015, October 26, 2015, and November 23, 2015; and WHEREAS, at its regular meeting on December 14, 2015 the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6569; and WHEREAS, on September 20, 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. 6569 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. 6569. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6569. 3. Designation and dedication on the plat of wetlands subject to City and other agency Page 1 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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). 4. Execution of a preservation easement and covenants for the protection, preservation and enhancement of woodlands and bluffs over those areas designated for protection on the approved preliminary plat. 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 (SW PPP), erosion control plan and wetland mitigation plans. 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 future development of the site. 9. Payment of development fees as established in Resolution No. 6569 as follows: a. Park Dedication Fee: $16,650.00 b. Stormwater and Drainage Trunk Fee: $23,040.00 C. Sewer Connection Charge: $89,760.00 d. Final Plat Application Fee: $700.00 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 TANAGER ESTATES (Plans B thru 7 shall not be attached to this Resolution): Plan A — Plat of TANAGER ESTATES Plan B — Sheet 1 of 5: Title Sheet (dated 10/4/16) Plan C — Sheet 2 of 5: Road Plan & Profile, Sanitary Sewer Plan & Profile (dated 10/4/16) Plan D — Sheet 3 of 5: Grading, Drainage, Erosion Control & SWPPP (dated 1014/16) Plan E — Sheet 4 of 5: Wetland Buffer, Tree Preservation and Bluff Preservation Areas Monument Plan (dated 1014/16) Plan F — Sheet 5 of 5: Detail Sheet (dated 10/4/16) Page 2 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N. Plan G — Landscape Plan and Monument & Address Posts Plan (dated ) Plan H — Construction Activity and Traffic Control Plan Plan I — Conservation Design Report and Management Program by Svoboda Ecological Resources dated May 26, 2015 Plan J — Proposed Rain Garden Runoff Calculations 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 11' RESOLVED that based on the findings of Resolution No. 6569, the City Council of the City of Orono does hereby approve the plat of TANAGER ESTATES, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: 1. Development within TANAGER ESTATES is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6569, and subject to the provisions of the Development Contract for TANAGER ESTATES dated 32016. 2. The City Council hereby approves a variance for road length of Heritage Lane as specified within Resolution No. 6569. 3. The portion of Heritage Lane as dedicated in the plat of FOXHILL lying northeasterly of the existing Heritage Lane cul-de-sac, and the additional public right-of-way dedicated in the plat of TANAGER ESTATES for the extension of Heritage Lame, are hereby declared open as public roadways and upon satisfactory completion of public road improvements by the Developer shall be owned and maintained by the City, along with the sewer main line facilities within said roadways. 4. Upon completion by the Developer of the stormwater management facilities located within the right-of-way of Heritage Lane and the stormwater ponding area located within, Block 1, TANAGER ESTATES, subject to final certification by the City Engineer that the work is satisfactory, the City will formally accept the stormwater facilities as public, and the City will maintain said facilities henceforth. 5. The "POSSIBLE HOUSE" location depictions for Lots 1, 2 and 3 as shown on the Approved preliminary plat drawings and as shown on Plans D and E are approved for house construction in the locations depicted. Any substantial relocation of homes lakeward of said depictions which in the opinion of the Orono Community Development Page 3 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Director might iWair lake views of one or more adjacent lakeshore lots may reQuire average lakeshore setback variance approval. 6. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 7. 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. 8. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before April 10, 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 I Oth day of October, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 4 of 4 El -xilm 13.1 A RESOLUTION NO. The followir-g cicscdacd mq)mty ir- HennepinC-ounty, Minnesotc: 3ESCRil"IT; 10140FT)REMISES: Thal wrt of Govemmertwic, 1 and?, cmdot. I C', awilz .1p I Range U.Z 50 P a �� ini, 3 rfivns ww. i rinipa. kiaric2enwhi• , is t?o %it: 2-a-Cillnin!ng at, a 1. v, 4a rnwsidw ptiKii-Ifle South ru.11ning ro*l 26 chr-Ons -mov;� or.aw, =r Lite 3h3a of Rall-nd. Lmka, so-valieC, (ncr-,:,Iir.rqqYA -e -dy sh, mrj Uika as T env-,�ar Laks); t-Exco slong Enri smurd, Ifthe ""Pacia iy and r-nMe. mi 3 of lo "4`''e^ rn ea i i d a r co m. is. r , n ll� in iv, o T U I ?, " Fz-) of, CR:! I 1.7-,Pz a -i -. ',_) Lb -c -twee n 4:.::U "I r; s 10 c I I d I w cak, Tznmzliip and, u sactor line io-ebweiamn sold SocUo 11 to the scumpmty Iii' o" rte Minnetonka Mrssmxh of'q.F,,e;, 3re Wmv&y ilims; Hiamilev'On counly Rvpj"Onali a7a, sadvf souUmAv, Ira ae 6610 igh-'ref-wsy to ikie poftyl, Y. Intivs;'xi-10"i '-Kl Salo apuileily -nin-IN at �m line 0"!h-_ zavj idqpi-cf�-wsywfir., In; k�lest 71m; ,-,f smfl Lot fl-tenze tul ic� mning ,,;it '"ns la !a. ac.;j j, eassmerh 8Z4..0 feeL yr , eror, kass,to Pk it 'Am 1 0 , Is 236.8 ;sel& aesf, of leids WO—Si. I6i F Cf salll_� Lct.T, andi rPl Fdia_* sznmm Cu ned W-4, i&' i� of Wf !11061 Rine of, er,-W Lai. 2; Oance smfUl on a iq'ne parallol with azaC C"IssWinit Wl'-4-gfeal erasi -F,Drp lah- 3 Wwsl, iline of qa;d 'x4 2, 1015 Sae., mmur% Vi Ine, -to tie eiiom of: mow fl,miqm sc-asbalry rilong Ches said shum oj,, wid Lm!ks nnaloilke mvj II -e *LIz",. C.1 ALSO rl.hcs'prliAL 0." Lai 2,17-310CF.I, PAELLSTCkM wfilRi', Meswmzisw�* G,. la '10cwing desrAbed 11 & -ia c �PA -if -sr *,F 1,; th - - - n '4 3 , ii 1 Ma: Conirnimcir!g at t -r-- -vcoir . vela ip_ncsaort�slo c4i ww RIM L IS 540,00 to -Uia poffili of lAgir fl -fig R r, 1 d 'cl i, Q L, ; si Em i :,a o wl 4d "Jo-jaeac a CT'?'r'-jllc2 m t�nmllnart�a7ikjf, thanca cWiecdnig il .►. - dheftcUng 'ECR .415 deg f3., t nn c I Ed -'50 I'd -fig Uhimue 6aft "-Frfr� iad& 4. dzgwas a dlair-nes DY 44.W ' -;;t -in II r, andi cold fins thwe 4 City of Orono Subdivision Application Council Exhibit B 5tneetAddress: PROPERTY INFORMATION. Site Address: ! /J Property Identification Number (PIN): 727 zoll7; Date Property Acquired (monthlyear): ❑ Abstract *Torrens (Please check one) Present use of property: 0 Residential; number of Units 0 Other (specify) Zoning District: APPLICANT / Phone Email: legal names and marital status required for each interested party) PROPERTY OWNER INFORMATION:,� check here it property owner is same as applicant (Complete legal dames and marital stats ulred for each interested party) Name(s): Phone (primary): Address: Email: EXISTING LAND USE: Number of Tax Parcels: Development Size: 3 _ _ Acres Dry Land - J Acres Wet Land 3V----0. Acres TOTAL, all parcels PROPOSER LAND USE: 0 Division for Tax Purposes 13 Subdivision for New Building Sites Number of Building Sites: Existing Units: / New Units: 3 Total units: 51 Proposed Gross Density Units per � � acres Minimum Lot Size: Square fleet dry buildable land Proposed Use (check)0 Residential 0 Oliver (specify) jziW:!- PD VIA F1Al0, - IPAAT Af fVC-. *700, PA -K. UMICAr"O J 4 1&16.5-0 S"jzMWftft-'rse"k- # ?-11 0 5lewL� cauu noN ; M) -T O Sul5d7vislon Appikation - January 2096 Paste a # 3867 rso,r5-0. RECLIVED SEP 202016 CITY OF ORONO (] 2750 Kelley Parkway Application# �"3GD � Orono, MN 56356 Date Recelvsri: 47 � Rhin: 952-249-4600 fax: 962-249-46 Staff. Applicatlon free:e,74?p y%p e— rpt H ��o -�. �f 16 Mailing Address: P.O. Box 66 C tal Bay, MN 55323-0066 Escrow 4 & $ Notes: V PLS Cis g � PROPERTY INFORMATION. Site Address: ! /J Property Identification Number (PIN): 727 zoll7; Date Property Acquired (monthlyear): ❑ Abstract *Torrens (Please check one) Present use of property: 0 Residential; number of Units 0 Other (specify) Zoning District: APPLICANT / Phone Email: legal names and marital status required for each interested party) PROPERTY OWNER INFORMATION:,� check here it property owner is same as applicant (Complete legal dames and marital stats ulred for each interested party) Name(s): Phone (primary): Address: Email: EXISTING LAND USE: Number of Tax Parcels: Development Size: 3 _ _ Acres Dry Land - J Acres Wet Land 3V----0. Acres TOTAL, all parcels PROPOSER LAND USE: 0 Division for Tax Purposes 13 Subdivision for New Building Sites Number of Building Sites: Existing Units: / New Units: 3 Total units: 51 Proposed Gross Density Units per � � acres Minimum Lot Size: Square fleet dry buildable land Proposed Use (check)0 Residential 0 Oliver (specify) jziW:!- PD VIA F1Al0, - IPAAT Af fVC-. *700, PA -K. UMICAr"O J 4 1&16.5-0 S"jzMWftft-'rse"k- # ?-11 0 5lewL� cauu noN ; M) -T O Sul5d7vislon Appikation - January 2096 Paste a # 3867 rso,r5-0. RECLIVED SEP 202016 CITY OF ORONO APPLICANW/AGENT 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 potengal 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 acknowWge 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 project. X Applicant/Agent Signature: Applic antlAgent Signature: -- — Property Owner Signature: Property Owner Signatur . Date: Date: Date: Date: RECEIVED SEP C 0 2DI6 Suixieivision Application - January 201s Page # 3867 CITY OF ORONO TANAGER ESTATES Know all persons by these presents that Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009, an undivided 112 interest, and Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust dated November 22, 2006, as amended on October 23, 2009, an undivided 1/2 interest, fee owners of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Par 1: That part of Government Lots 1 and 2, Section 10, Township 117, Range 23 which is described as follows, to wit; Beginning at a point 6 chains West of the meander post in the Southeast comer of said Lot 2 in said Section 10; thence running North 20 chains more or less, to the shore of Round take, so-called; thence along and around the Westerly and Northerly shore of said Lake to the meander corner in the North shore of said Lake and between Sections 10 and 11 in said Township and Range; thence North on the section line between said Sections 10 and 11 to the Southerly line of the right-of-way of the Minnetonka Branch of the Great Northern Railway; thence Southwesterly along said Southerly line of said right -or way to the point of intersection of said Southerly line of the said right -of --way with the West line of said Lot 1; thence turning and running in a straight line in a Southeasterly direction 654.8 feet, more or less to a point which is 236.8 feet East of the West line of said Lot 2 and at the same time 304 feet South of the North line of said Lot 2; thence South on a line parallel with and distant 236.8 feet East from the West line of said Lot 2, 1016 feet more or less, to the North shore of lake Minnetonka; thence Easterly along the said shore of said Lake Minnetonka to the place of beginning, Par 2: That part of Lot 2, Block 1, MILLSTON which lies westerly of the following described fine: Commencing at the southwest comer of said Lot 2; thence northerly along the west line of said Lot 2 a distance of 340.00 feet to the point of beginning of the line being described; thence northeasterly, deflecting right 45 degrees a distance of 44.50 feet; thence northerly, deflecting left 45 degrees a distance of 186.50 feet; thence northwesterly, deflecting left 45 degrees a distance of 44.50 feet to said west line, and sold line them ending, Have caused the same to be surveyed and platted as TANAGER ESTATES, and do hereby dedicate to the public for public use forever the public way and the drainage and utility easements as shown on the plat. In witness whereof said Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10. 2008 and October 23, 2009, has hereunto set his hand this day of , 20 ; and said Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust dated November 22, 2406, as amended on October 23, 2009, has hereunto set her hand this day of , 20 Signed Irwin L. Jacobs, as Trustee of the Third Amended Alexandra Jacobs, as Trustee under the Alexandra and Restated Revocable Trust of Irwin L. Jacobs Jacobs Revocable Trust dated November 22, 2006, dated November 22, 2006, as amended on Sep- as amended on October 23, 2009 umber 24, 2007, July 10, 2008 and October 23, 2009 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20, by Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009, on behalf of the Trust. Notary Public, County, Notarys printed name My commission expires STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 2d, by Alexandra Jacobs, as Trustee under the Alexandre Jacobs Revocable Trust dated November 22, 2006, as amended on October 23, 2009, on behalf of the Trust. Notary Public, County, Notarys printed name My commission expires I, Mark S. Gmnberg, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duty Uoensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd.3 as of the date of this cerfificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20�. Mark S. Gronberg Licensed Land Surveyor and Engineer Minnesota License Number 12755 I, Mark S. Gronberg, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duty Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd.3 as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of _ . 20 Mark Gronberg Licensed Lan-d-Tu-m-ey-or an ngmeer Minnesota License Number 12755 STATE OF COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 20-, by Mark S. Gronberg, Land Surveyor and Engineer. Notary Public, County, Notarys printed name My commission expires ORONO, MINNESOTA This plat of TANAGER ESTATES was approved and accepted by the City Council of Orono, Minnesota, at a regular meeting held this day of 120 . If applicable, the written comments and recommendations of theo4�'mmissioner of Transportation and tha County Highway Engineer have been received by the City, or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA Mayor Clerk RESIDENT AND REAL ESTATE SERVICES, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat. Dated this day of , 20 MARK V. CHAPIN, HENNEPIN COUNTY AUDITOR By Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN, STAT. Sec. 3838,565, (1969), this plat has been approved this day of _ 20_ - CHRIS F. MAVIS, HENNEPIN COUNTY SURVEYOR By REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of TANAGER ESTATES was flied in this office this day of �, 20_, at o'clock M. MARTIN MCCORMICK, REGISTRAR OF TITLES By . Deputy GRONBERG & ASSOCIATES, INC. ENGINEERS, LAND SURVEYORS, PLANNERS Council Exhibit C SHEET 1 OF 3 SHEETS FOUND HENN. 00. ON AT FMNMC95 (N1000'' 29GV E 4? 77.39 FOUND HENN. CO, 2 INCIR CIPATNECOPNEROF SECTION 10-117-0 EAST LINE OF GOVT 40T 1, SECTION 10-117-23; ALSO LINE BETWEEN SECTIONS 10 AND 11-117-29 A 41 TANAGER ESTATES FouW Hem Cn. rrm. 4Meander Corner w Et fine of CwA Lott a arowmw iFssm Mer Cm—w— .... J=est lined e.VtLott, Et It- W GaA Lot 2 Section 10-117-23 � 4 SW Comer at Lot 2 8IZLVast dEa�ft S Block Mr , DLV 10. -= 11".50" West lift of Lot Z 0 *3f6G*fA .2. 117 M111STON.. N 00*0029, 385.67 00*W29'W 974.14 1AB —.T — — — — — — — — — — — — — — -- CPRon i Y Oro all ME ...... .... if, P 4 N .n "--k .-EdgedwellOhd Z1 CA.A�K' M ch 0 0 % z Add MD Midp rn vp� Ilk Ix/ RO N 7:' mom..- ,4 ........ .. t f R.L.S. No. 1718..-.. Drainage and utility easements shown thus:80 U 4 114 SCALE IN FEET It e — L —71 Denotes found iron monument Denotes set iron monument 1/2 inch x 16 inch Iran marked by %4N. LIG. No. 12755 Being 5 feet InMidth, unless otherwise indicated, and a Denotes found ludidal landmark adjoining lot lines, and being 10 feet In width, and Now. Denotes found Hann. Co right of way mon adjoining right of way lines undess otherwise Indicated For purposes of this survey, the East Me of on the plat G&A Lot 2, Section 10.117-23 has an assumed bearing of 8 00'00V9'W GRONBERG & ASSOCIATES, INC. ENGINEERS, LAND SURVEYORS, PLANNERS SHEET 2 OF 3 SHEETS TANAGER ESTATES INSET LAND ............... . W Drs 03im - - - - - - - - - - --- 7-' TANAGER LAKE (FORMERLY ROUND LAKE) GRONBERG & ASSOCIATES, INC. ENGINEERS, LAND SURVEYORS, PLANNERS . D*rKW found hon clamWinant 0 DnoWa= monument; I& inch:is IrwIM.N. U. No. 127E6 =Henn. " "on eo mpurposes of thk lj,,I,eSof iviinseyor vL.Z$*dan1041 .23 satnassumed hewing of 8 00.03W W Drainage and utility easernenjS ShMM thus: != In width. LL1160 Oftnvbe Indicated, and Er'll em, beftlll %�,In widdi, and il. .F of way _rwbo lindbsW 0 50 100 200 SCALE IN FEET SHEET 3 OF 3 SHEETS TANAGER ESTATES TITLE SHEET ORONO w 5 ti MINNUONNA BEACH 1 mvh - 3200 f..t v1aNRY mAp 1. TITLE SHEET 2. ROAD PLAN & PROFILE, SANITARY SEWER PLAN & PROFILE 3. SWPPP PLAN 4. WETLAND BUFFER MONUMENT PLAN 5. DETAIL SHEET 1 z Wo Ail o°Z N1fl 4C �$a i � W W -1 mag a g Zz O W Z s{� V V fjE Council Exhibit D q REWORCEMExT T /\@aF �JTp�6 AT 899.1 ELEV. DIF TNMI MEA TD SECY AFTERALLUPSTREAM �r 51 N1 RAP PERMMENTLYB'ASILIZED. - /j �- ' • _- I - LISE IMPACT�E9PIPMERT-Tom • ,V+' d7 FA MI r[E ACT / : ,T.�� uREDRwEwAr/'�// z {E�� %- GER ESTATES z PROPOSED ROAD PLAN &PROFILE _ �U r I 7 NOMALL 3:I SLOPES TO aewDE \ / HAVE EROSION CONTROL / I I D \ /�bM1 BLANKETS Ila / RIR — SANITARY "- /-' RIP RAP ? L L' AND SEWER PLAN & PROFILE 0%00 LLPPSm PO 't lf�,/ ♦: . �\\ PROPOSED DODBMP ROW O z ' ' d ,aP Q`'' ` asarFeJCE 0 30 60 120G V} r SCALE IN FEET g \ \\ j / 1 - - j'- - ��0 \\NOTE�ALL 8:I SLLLI Ly —1 OE3rflsm AP NMlcon,Krn SIAIJIiE'F--C.~ Maa Y J NO EROSION C / � � 7Yp-9A— is B I II 1 f BJP If�P _ .. .,--*IAL3RGDRD�V16i�'Dn�'.Rl1CTION ...........__.. ...- Izil I,AMICETW4 I % \-- O J z I i I I t PPAP AV 856.0 1�4 C CD NOTE: PROVIOECD RgLGMa WAT/•/��/� _��a�5� OIRCTTw r �rPLrnvay D/ culla CO uN 041".YJ ? ? III 1gwW f ni ! FI PRO IED COMM '°l°': I eo�aml' 1 Ilwwt E ~ ! f f !I 10 WEST LINO OF I ,a�F}1e• x // / / I \\ �� GOV'TLO 1�� /i p . ♦ // // //�/ / 1°h a��`y���f fr PROMEDC ' ENP IHSPRw f r PA?// /4 ma6o ED FML Il�� K EenPNgyp~` FENCE OFI AB APr A E °" L�J { II I NOTE: NON-SUBMERGED APRONS TO HAVE TRASH GUARDS. er [TTr �9GP?s€D ! / / �IiCPOST caaJnt ; Jn�;EPE - �. l 1\\ \ } ALL RCP PIPE TO BE CLASS 8 z. vt t 1r 1 I f 1" 7�� FrtugE RrvEwaycDNs 16re \� 1+ \ \ PRIMETER EROSION CONTROL TO BE INSTALLED / y__ BY THE CONTRACTOR 8 INSPECTED BY THE CITY CONNECiro / / 10LF1 RCP I { r~ / / / / / f '� — \ \ I SA.. ■ iNcrrLl-vE•sAc 1 ! I,/ �L / - — —� �\ \ \ \ ` PRIOR TO ANY OTHER WORK. 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CDNq T&MN AT GTOIBAM STA•y r INVe� pp rA 1 i,rrlx, I � M6R a �MRraaA�,N ednla,P. NCR rs aAlw j XYe �111W IwX son j�m.Mene.rra>< • ,SIINrlx6 1 xm.Nadee uwlodu dxNlFAdrX Mao9WPJ:y11hwM RdyxllteaL qyO _ iV� Cf EEDDAG METNDDS Arm J � RAtr r WArt �NwA. I Yma uRecr+�w r mp Den+Nw; ' wrie�w.earwm mr��a, tiw a.! sRukxena f sww �'r `artnexPer NSdP_SW wn O _ t+s A6RAp ATDUTrE's ,w,wr' ® SF me se( .. 11LLDDii Rr�E.��f JNACOT2P(32 NA0052P05 ALL CONSFRLCTION & MATERIALS To BE IN ACCORDANCE WITH THE LATEST SPECIFICATIONS FOR THE CITY OF ORONO, MNOOT & THE OTY ENGINEERS ASSOCIATION OF MINNESOTA ICEAMI, I lI I U �-`I'I veers�msw �•a Ya 11 II, 11 ' _ lsp, gg ,a InfYtrallon Rain Genjon with Plan ft Sall # q �m 9'Y.na rr'0.,A.vP �9 WNLTRATIOII POW OUTM ID E RECFANGUW CONMET[ IYENI N : 4 19 WTO RICE IZ'TD FAM SLRMDIM'TAeLE GallotETE CURB 3% MDE Oto m NUT 11:1 r ALL ORGAME OR OTWR I In' - 2391 BnUMINOU9 Wm CCjR% UNSUITABLE MATERIAL MILL 7-2331 BITUM=M BASE ODURse BE REMOY® FROM BENEATH 8. -CLAS S AGOUBGATB BASE, 1DO% CRUSHED INB gOADWAY. 5 � STABILPATIDN Ef18Rx {BIIPAC BHP C MPACTED SUBGRADE 3. UNITS R mxaIElE —Q—JPA AMD RITTM 0!0410 ASIALYESIDM. TYPICAL SECTIONS FDR ]wN 2006 PUBLIC RESIDENTIAL 5TREEiS URBAN SECTTON FUTExD. 1 STR-6 5 C6 OPTIONS : DHIi2 -124 QDBi52-124u IL- �we� : H OPTIONS❑DW52 Lu �y "r�trl"-^ — rK LL, J Jj _ Z uPLY wr ES 116T ® SF me se( .. 11LLDDii Rr�E.��f JNACOT2P(32 NA0052P05 ALL CONSFRLCTION & MATERIALS To BE IN ACCORDANCE WITH THE LATEST SPECIFICATIONS FOR THE CITY OF ORONO, MNOOT & THE OTY ENGINEERS ASSOCIATION OF MINNESOTA ICEAMI, I lI I U �-`I'I veers�msw �•a Ya 11 II, 11 ' _ lsp, gg ,a InfYtrallon Rain Genjon with Plan ft Sall # q �m 9'Y.na rr'0.,A.vP �9 WNLTRATIOII POW OUTM ID E RECFANGUW CONMET[ IYENI N : 4 19 WTO RICE IZ'TD FAM SLRMDIM'TAeLE GallotETE CURB 3% MDE Oto m NUT 11:1 r ALL ORGAME OR OTWR I In' - 2391 BnUMINOU9 Wm CCjR% UNSUITABLE MATERIAL MILL 7-2331 BITUM=M BASE ODURse BE REMOY® FROM BENEATH 8. -CLAS S AGOUBGATB BASE, 1DO% CRUSHED INB gOADWAY. 5 � STABILPATIDN Ef18Rx {BIIPAC BHP C MPACTED SUBGRADE 3. UNITS R mxaIElE —Q—JPA AMD RITTM 0!0410 ASIALYESIDM. TYPICAL SECTIONS FDR ]wN 2006 PUBLIC RESIDENTIAL 5TREEiS URBAN SECTTON FUTExD. 1 STR-6 5 nl�e� �I. LO i Council Exhibit E Poo. — nf— r• Sc.l.: Vj z l ' oero uem,�am: C�//ryL J — (y l `� A yardscapes ae09 HOU41 Ara aSou!h ,a 6leominolon. MN.. PLAN E Construction Activity and Traffic Control. Due to the use of Heritage Lane as the access for site improvements and home construction, the following conditions shall be implemented: (a) The home construction contractor, for each new lot owner, shall meet with the Heritage Lane neighbors at the outset and throughout the construction period as needed to answer any questions and address any issues that they have; (b) All construction traffic shall be parked within the new road and cul-de-sac and lots in the new subdivision (signage required). (c) Hours for road and home construction shall be restricted to 9:00 AM, to 4:00 PM Monday through Friday (no Saturdays, Sundays or holidays) during the portion of the year when Orono Schools are in regular session. During the summer months when Orono Schools are not in regular session, hours for road and home construction shall be subject to the standard City code limitations on construction. activity (Monday through Friday, 7:00 AM to 8:00 PM; Weekends and Holidays, 8:00 AM to 8:00 PM) (signage required). (d) Street sweeping of Heritage Lane shall be done on a daily basis; (e) The contractor shall restrict the speed limit for construction vehicles to 15 MPH on Heritage Lane (signage required). (f) The contractor shall inform all employees, delivery trucks and subcontractors that if they fail to abide by these restrictions they will not be allowed to work on the project; (g) An email address and phone number for the contractor shall be given to the neighbors so they can easily inform the contractor at any time if there are concerns that need to be addressed. (h) The City will assist with monitoring traffic during the hours that school buses are expected to be present if the City receives reports of repeated problems during the restricted hours as defined in item 8c above. If it is determined by the City that a CSO or Officer needs to be present during the morning Heritage Lane school bus schedule times, the City may arrange for a CSO or Officer to be present at those specific times, and the Developer shall be billed the actual costs thereof at a cost of $50 per hour. School bus pickup/dropoff times as provided by the Orono School District are as follows: AM — Secondary: 7:00 — 7:20 Elementary: 8:20 - 8:40 PM — Secondary: 2:55 - 3:15 Elementary: 4:05 - 4:25 (i) If the majority of homeowners on Heritage Lane submit a written request, and only after a public hearing and upon approval by the City Council, the City will install temporary speed bumps within Heritage Lane. This provision shall apply only during road and home construction and shall not be permanent. 0) Developer shall install signage within the right-of-way of Heritage Lane at a location to be approved by the Public Works Director indicating that all construction traffic shall make right turns only onto Shoreline Drive when exiting Heritage Lane (signage required). The above conditions shall be included in the sale documents for each lot, and shall be enforced by the Developer and Owner. Signage similar to that depicted on the following page (but with corrected information as noted above) shall be obtained and posted by the Developer at locations to be approved by the Orono Public Works Director. CONSTRUCTION HOURS ONLY 9AM-4PM MON - FRI (Only effective when Orono Schools in session) L J. Council Exhibit F OVER SEP 2 0 2016 CITY OF ORONO Materials & Substrates: # 3M Black & Red Vinyl on 3M Black Vinyl on Alum Reflective Panel Alum Reflective Panel wj Channel Past w/ Channel Post 18.00 In 12.00 in NO CONSTRUCTION PARKING 0 24.00 in 24.00 in • Hours for road and home construction shall be restricted to 9:00am to 4:00pm Monday - Friday (no Saturdays, Sundays or holidays) during the portion of the year when Orono Schools are in regular session. During the summer months when Orono Schools are not in regular session, hours for road and home construction shall be subject to the standard City code limitations on construction activity (Monday - Friday, 7:00am to 8:00pm; weekends and holidays, 8:00am to 8:00pm) Qty 1 Producton. Not Begin Until pcab(ti n .mrdirig to Ihi Apr -m -,'d Sub -a,161161. Signed Approval Is Faxed Back. Coldwell Banker -Jim Abrahamson 952.908.9166 - AmAC Sign-Source.com -Justina Sleeper - 952.96$.9125 - lustfnaSLSign-Source. Korey McDermott KoreyMia�Sign-Source.com e42685 e42685 Caldwell Banker.al A -Z :_ Korey's Mac Rev. 2: Rev. 3: Rev. 4: Rev. 5: RECEIVED Rev. 6: Rev. 7: SEP 2 0 2.016 Rev. B: Rev. 9: CITY OF ORONO Rev. 10: IGNSOURM.qE�xTM 7660 Quattro Drive Chanhassen, MN 55317 www.sign-source.com Fax: 952.908.9153 # 3867 Materials & substrates: t i � 3M Black Vinyl on Alum Reflective Panel wl Channel Post lf+ 11104 12.00 in SPEED LIMIT QtY ? Revise & Resubmit: 15.00 in 2.00 in • TRUC RIGHT TURN ONLY • QtY 7 Caldwell Banker Jim Abrahamson 952.908.9106 - AmA@Sign-Source.i -Justina Sleeper - 952.908.9125 - JustirtaSCSign-Source, �Korey McDermott � i:orey�3t�Sign-S�urce.cam ` e42685 FM e42685 Coldwell Banker.ai A -Z Korey's Mac Rev. Z: Rev. 3: Rev. 4: Rev. 5: Rev. 6: RECEIVED Rev. 7:- SEP 2 0 7-016 Rev. B: Rev. 9: C" OF ORONO Rev. 10: - SiNUCE 7660 Quattro Drive Chanhassen, MN 55317 www.sign-source.com Fax: 952.908.9153 NCs 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com September 30, 2016 City of Orono Attn: Mike Gaffron 2750 Kelley Parkway Orono, MN 55356 RE: Final Plat Application 16-3867 Tanager Estates Engineering Review #1 Dear Mike: As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following comments for your consideration: General Council Exhibit G 1.1. Stormwater management for the proposed site meets City requirements. Proposed peak runoff rates will be restricted to less than existing peak runoff rates, and volume control will be provided in accordance with NPDES requirements. 1.2. A final estimated cost of proposed improvements, matching approved plans, must 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 should include grading, erosion control, utilities, street construction, vegetation management, buffer establishment, temporary stabilization, and final stabilization. 1.3. The minimum escrow of $10,000 should be submitted prior to any land disturbing activities to provide for erosion control and engineering oversight. 1.4. Retaining walls are proposed to be just under 4' in height. However, if wall heights are increased in field to over 4' in height to match unknown site conditions, walls must be analyzed by a licensed Professional Engineer, and an approval letter of wall design and construction must be provided. 1.5. Due to close proximity to the road, fence should be provided along the proposed retaining walls to provide some measure of safety for pedestrian traffic. 1.6. Clear drive lanes must be maintained on Heritage Drive during construction. The Contractor will have to exercise care during mobilization of equipment to not block traffic, and parking for construction workers should be restricted to on-site only. The Contractor should submit a Traffic Control Pian prior to any work. Plan must account for all items listed in Condition 8 of the Preliminary Plat approval resolution in order to define acceptable construction activity and traffic control on Heritage Lane. 1.7. A Final Landscape Plan should be submitted as part of the Final Plat process. The plan should indicate various items with a legend and hatching to ensure areas of management and revegetation are adequately accounted for. The plan should include the following within the area of proposed improvements: a. Tree preservation and removal limits, including tree protection fencing b. Tree replacement locations and species schedule c. Invasive species removal d. Wetland buffer establishment e. Vegetation establishment for disturbed areas 1.8. The Lot Declarations should take into account the following items: Final Plat Application 16-3867 Tanager Estates Page 2 a. The final Stormwater Management calculations should be attached as an exhibit in order to help define infiltration areas required for Lots 1-3 when developed. b. Final Tree Preservation Exhibits should be submitted prior to final approval. c. Per the Preliminary Plat approval resolution, the Vegetation Management Plan, including Invasive Species Control, should be incorporated into the Development Agreement or development covenants. The plan should also include procedures and schedule for de -compaction of soils under existing hard surfaces to be re-established with vegetation. De -compaction areas include the trail being removed, and exhibits should be included to adequately define areas. d. Per the Preliminary Plat approval resolution, the items outlined in Condition 8 should be included to define acceptable construction activity and traffic control on Heritage Lane. 1.9. The applicant will be required to obtain Minnehaha Creek Watershed District (MC)VD) approval and permitting for their Erosion Control, Wetland Protection, Waterbody Crossings & Structures, and Stormwater Management Rules. A copy of any approvals or permits required should be submitted prior to final approval. 1.10. 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. 1.11. The applicant will be required to obtain a Sanitary Sewer Extension permit. A final copy of the permit should be submitted prior to construction. 1.12. The City will be responsible for long term maintenance of the Pond and Infiltration Basins 1& 2. However, the applicant should provide a final Maintenance Plan that defines types and frequencies of inspections and maintenance activities prior to the City taking over operation of the facilities. 1.13. Per the City obtained WCA approval for proposed wetland impacts due to road construction, the applicant should be required to monitor the non -impacted portions of Wetland 4 for one year after completion of final stabilization. 1.14. 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. Record drawings must also be submitted to MCWD, per the WCA approval for proposed wetland impacts, to ensure no additional impacts are incurred. Final Plat 2.1. Drainage and Utility Easements should be indicated as necessary to cover all shared stormwater management and sanitary sewer facilities. One contiguous easement should be provided over the proposed facilities located on Lots 1 and 2, to cover all piping, ditching, and basins through the outlet connection to the wetland along the north property line. An easement should also be provided for the sanitary service connection to Lot 4. Easement should be 20' wide to provide adequate access for future maintenance. Final Street and Sewer Plan 3.1. The following should be considered regarding the connection to Heritage Lane: a. If the existing cul-de-sac was removed, extensive work may be required to reconnect existing driveways to the new road location, and an existing manhole would be relocated to a green area. Therefore, leaving the existing cul-de-sac largely unaltered, as indicated in the proposed plans, would provide for the least impact to existing residents and the City. b. Bituminous pavement should be saw -cut to full depth at connection to existing to provide clean match lines. Pavement at connection should match existing elevation and section. Final Plat Application 16-3867 Tanager Estates Page 3 c. The proposed road should be connected to the existing cul-de-sac with 15' radii. Curb and gutter should be tapered 3' at connections. d. Notes should be included that state removal limits for connection to Heritage Lane shall be coordinated in the field with the City prior to any demolition within public right-of-way. e. The existing wall on the south side of the proposed connection will need to be relocated to allow for construction of the new street. In addition, the existing 14" maple tree may have to be removed. Further detail should be provided accordingly. 3.2. Drainage and Utility easements should be indicated on the plan in order to verify adequate coverage of public facilities. 3.3. Notes should be included to indicate the following: a. Work in Public right-of-way must be coordinated with the City. Contractor must provide minimum 48 hour notice prior to any work. b. Trashguards will be installed on all non -submerged aprons. 3.4. The storm sewer layout should be revised to better fit site conditions as follows: a. The outlet pipe for the wetland north of the road should be relocated to cross the proposed retaining wall at a perpendicular angle. An additional manhole should be provided between CBMH-I and 2 at approximately station 1+90 to allow for this pipe. b. The pipe connecting to the pond should be located a minimum 10' from the end of the proposed retaining wall to allow for adequate access should future maintenance be required. CBMH-1 should be relocated further northeast along the curb line to allow adequate separation between pipe and wall. 3.5. Pipe characteristics should be provided for all proposed storm sewer and culverts (i.e. invert elevations, length, slope, and material). 3.6. The low point elevation of the road is indicated at 94 1.0, but the low point catchbasins are indicated to have a rim elevation of 942.0. Rim elevations should be coordinated with road profile and 3% cross - slope. A minimum 2' cover should be provided over storm sewer. Castings in curb and gutter should be sumped 0.1' from gutter elevation. 3.7. The vertical curves provided at the connection to Heritage Lane and at the low point do not meet minimum State Aid values for a 25 mph design. However, increasing values to meet a 25 mph design would require higher retaining walls and may invite higher traffic speeds. Maintaining a more undulating road profile would more likely result in lower traffic speeds, and a 25 mph design is not necessary adjacent to a cul-de-sac. Therefore, the proposed road profile should be considered an adequate design for site conditions. Final Gradime and Stormwater Pollution Prevention Plan 4.1. A Stormwater Pollution Prevention Plan (S WPPP) must be included that meets NPDES requirements outlined in the State's General Permit to Discharge Stormwater Associated with Construction Activity. SWPPP should take into account that Tanager Lake is impaired for nutrients. A checklist for required information can be found at: hM.*Ilwww.yca. state. mg. us/s ites/defadtlles/wg-strm2-47. doc 4.2. Drainage and Utility easements should be indicated on the plan in order to verify adequate coverage of public facilities. 4.3. Perimeter erosion control should be installed by the Contractor and inspected by the City prior to any other work. Contractor must provide a minimum 24 hour notice prior to inspection. 4.4. Additional notes should be provided regarding construction of infiltration areas. Infiltration areas should be constructed or maintained off-line until all upstream areas are permanently stabilized. If areas are to be maintained offline, temporary piping and/or ditching should be indicated on plan. Final Plat Application 16-3867 Tanager Estates Page 4 4.5. Grading for the outlet of Infiltration Basin -1 should be revised to indicate a weir, as defined on the Final Details Plan. 4.6. Grading for the outlet of the.Pond should be revised to incucate a pipe from the outlet control structure into the pond. 4.7. A berm should be provided around the Pond and Infiltration Basin -1, with the top of berm a minimum I' above the adjacent 100 year high water level. The emergency overflow for the Pond should be placed at the Pond's 100 year HWL (938.6) and be a minimum 10' wide. The access berm between the Pond and Infiltration Basin -1 should be a minimum 8' wide to allow for maintenance of the outlet control structure and emergency overflow. 4.8. Double siltfence must be provided for any work indicated within 50' of a wetland. 4.9. Erosion control blanket should be indicated on all slopes of 3:1 to be installed in conjunction with final stabilization. 4.10. Erosion control blanket should be provide between the curb cut on Lot 2's driveway and Rain Garden - 2 to minimize potential for erosion. Final Wetland Buffer Monument Pian 5.1. Tree Preservation Monuments, as required by the Preliminary Plat Approval resolution, should be included on the Monument Plan Final Details Plan 6.1. The outlet for Infiltration Basin -1 is indicated to be a 0.5' weir. A detail should be provided for the weir in order to verify adequate design. Due to the small opening, a poured concrete weir tied back into the earth bank on each side is recommended. The bottom of the weir should be placed at the starting water level indicated in the calculations (936.0). A 10' wide tier should be provided at the 100 year high water level (938.1) to provide an emergency overflow for extreme events. The top of the weir should be placed 1' above the 100 year HWL (939.1) to match the top of the berm. 6.2. The detail for the Standard Skimmer Structure (STO-8A) should be revised as follows: a. The Skimmer Opening should be replaced with a pipe flowing from the structure to the pond. Back slope on the pipe will allow for flushing during future pond maintenance. b. The sump should be removed from the structure, and the inlet pipe should be placed directly at the bottom. A sump in this location would be difficult to maintain. c. The lower rim of the structure should be placed at the 100 year high water level. 6.3. Notes should be added to the Infiltration Rain Garden Detail to provide direction regarding sequencing and construction. Infiltration areas should be constructed after all upstream areas are permanently stabilized. Construction should be performed by low impact equipment to minimize compaction. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. ,Qg 6-4 Robert E. Bean, Jr., P.E. Water Resources Engineer Council Exhibit H DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS This Declaration of Covenants, Conditions, Restrictions and Easements (this "Declaration") is made this day of , 2016, but effective as provided below, by Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009, and Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust Agreement dated November 22, 2006, as amended on October 23, 2009 ("Developer"), 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 as Lot Block 1, Tanager Estates (the "Property") B. The Property is the result of a subdivision, pursuant to the plat of TANAGER ESTATES (the "Plat"). C. The City has imposed certain conditions to approving the Plat. D. Developer wishes to impose upon and subject the Property to certain covenants, conditions, restrictions and easements, for the benefit of the Property, the City, 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. 216542.DOC-5 10/5/2616 Error! Unknown document property name. E. The term "Owner" shall mean one or more persons who or which holds fee title to the Property; provided, however, that if the Property is being sold pursuant to a contract for deed, the contract purchaser(s) entitled to possession of the Property shall be the Owner unless and until the contract for deed shall have been cancelled or otherwise shall have terminated. 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, and easements, 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 EASEMENTS AND SETBACKS 1.1 Utility and Drainaize 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 the Property shall maintain the easement sites on the Property and all improvements within it, except for those improvements for which a public authority or utility company may be responsible. (add, for Lot 3 Declaration only: The 30 foot wide drainage and utility easement running from the Heritage Lane cul de sac to the common boundary with Lot 4, 216542.DOG5 10/5/2016 2 Error! Unknown document property name. Block 1, Tanager Estates, shall also be subject to a private utility easement in favor of said Lot 4.) 1.2 Flowage and Conservation Easement. Developer hereby grants to the City a permanent easement for wetland flowage and conservation purposes, with right and privilege to trespass with water, over, under, on and across those portions of the Property shown on the Plat as Wet Lands ("Wetlands"), on the terms set forth below. 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) 216542.DOC-5 10/5/2016 3 Error! Unknown document property name. 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. The City also shall have the right to enter onto the Wetlands at any time to preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation, and to enforce compliance with the provisions of this Section. Developer hereby remises, releases, acquits and forever discharges, forever, the City 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 Wetlands within the terms of this Declaration. 1.3 Tree Preservation. (Add for Lots 1 and 3; Lots 2 and 4 have no TPA.) No tree, shrub or other vegetation located within the portion of the Property shown on the attached Exhibit A as a "Tree Protection Area" or "TPA" shall be destroyed, cut or removed except for dead or diseased vegetation, or as required to install utilities within the boundaries of any utility easement approved by the City, or as required to comply with or exercise rights under any easement agreement or declaration approved by the City, or according to a vegetation management plan approved by the City. In all portions of the Property other than the Tree Preservation Area, tree clearing will be avoided to the extent reasonably possible. When clearing is required, removal will first focus on undesirable tree species. For each healthy deciduous tree measuring at least six inches in diameter or a healthy coniferous tree measuring at least four inches in diameter measured in caliper inches four feet above ground (a "Significant Tree") removed, the Owner shall plant two "Replacement Trees" (being a healthy deciduous or 216542.DOC-5 10/5/2016 4 Error! Unknown document property name. coniferous tree measuring at least four inches in diameter measured in caliper inches four feet off the ground). 1.4 (Add for Lots 3 and 4; Lots 1 and 2 do not have any Bluff Area.) Bluff Preservation Area. No hardcover may be placed, located or constructed; no fill or excavated material may be placed; and no excavation may occur within the portion of the Property shown on the attached Exhibit A as a `Bluff Protection Area' or "BPA", said portions also being subject to the Tree Preservation provisions contained in paragraph 1.3 of this Article. ARTICLE II GENERAL PROVISIONS 2.1 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 the Property, 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 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 Owner, agreeing to extend the duration of this Declaration. 2.2 Enforcement. The City shall have the right to enforce by any proceeding at law or in equity all easements, covenants, conditions and restrictions created by Article 1 of this Declaration. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages in the event of a violation of any of the terms 216542.DOC-5 10/5/2016 5 Error! Unknown document property name. hereof would be an inadequate remedy, due to the irreparable and immeasurable harm done thereby. Accordingly, the City 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. 2.3 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. 2.4 Amendment. This Declaration may be amended by an instrument executed by the City and the Owner of the Property. 2.5 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 Registrar of Titles in and for Hennepin County, Minnesota. IN WITNESS WHEREOF, Developer has caused this Declaration to be duly executed on the day and year first above written. DEVELOPER: Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on 216542,DOC-5 10/511016 6 Error! Unknown document property name. September 24, 2007, July 10, 2008 and October 23, 2009 Alexandra Jacobs, as Trustee udder the Alexandra Jacobs Revocable Trust dated November 22, 2006, as amended on October 23, 2009 216542,DOC-5 10/5/2016 7 Error! Unknown document property name. STATE OF ) )ss.: COUNTY OF This instrument was acknowledged before me on by Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009. Stamp: Notary Public STATE OF J )ss.. COUNTY OF This instrument was acknowledged before me on by. Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust dated November 22, 2006, as amended on October 23, 2009 Stamp: THIS INSTRUMENT WAS DRAFTED BY: MALKERSON GUIvN MARTLN LLP (GDS) 220 South Sixth Street, Suite 1900 Minneapolis, MN 55402 612.344.1111 216542.DOC-5 10/5/2016 8 Error! Unknown document property name. EXHIBIT "A" TREE PRESERVATION AREA AND BLUFF PRESERVATION AREA Tree Preservation Areas are hatched from upper left to lower right (11111) and Bluff Preservation Areas are hatched from upper right to lower left (l/l//) 216542.DOC-5 10/5/2016 CONSENT AND SUBORDINATION DB Private Wealth Mortgage Ltd., a New York corporation, the holder of a mortgage dated July 30, 2008, filed for record with the Hennepin County Registrar of Titles on August 18, 2008, as Document No. 4522566, hereby consents to the recording of the attached Declaration of Covenants, Conditions, Restrictions and Easements ("Declaration") and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, DB Private Wealth Mortgage Ltd., a New York corporation, has caused this Consent and Subordination to be executed this day of , 2016. DB PRIVATE WEALTH MORTGAGE LTD., A New York corporation 2 State of _ ) )ss.. County of ) As This instrument was acknowledged before me on by of DB Private Wealth Mortgage Ltd., a New York corporation. Stamp: 216542.DOC-5 10/5/2016 2 Notary Public Council Exhibit I QkFT-- suP-LA",T- TD aeV IVOA-) DEVELOPMENT CONTRACT (Developer Installed Improvements) TANAGER ESTATES PROJECTNO.15 3774 (Final Plat File #16-38xx) -i86 7 AGREEMENT dated _ , 2016, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"); and Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009, and Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust Agreement dated November 22, 2006, as amended on October 23, 2009 (hereinafter referred to as the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for "TANAGER 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 on the attached Exhibit A. The Tanager Estates-vl-mpg-2/23/16 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 "Project" means all of the Land as well as the portion of Heritage Lane dedicated as public roadway within the plat of FOXHILL, Hennepin County, Minnesota and legally described in the attached Exhibit B. 2. CONDITIONS OF PLAT APPROVAL. The Plat adheres to the purpose and intent of the Orono Community Management Plan, as amended. The City has approved the Plat on condition that the Developer enter into this Contract and fiunish the security required by it. The City will cause the Plat to be duly recorded in the office of the Registrar of Titles 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. 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise disturb the earth, remove trees, 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) forty-eight (48) hours after the Plat has been duly recorded in the office of said Registrar of Titles. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. NIA 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from 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 Project unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, 2 Tanager Estates -v] -mpg -2/23116 2 Tanager Estates -A -mpg -2123116 18933910 1893390 notwithstanding anything in this Contract to the contrary, to the full extent permitted 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 Project shall be developed in accordance with the following plans (collectively, the "Plans'). as they hereafter may be amended with the written consent of the Developer and the City Engineer (collectively, as so amended, the "Plans"). The Plans shall not be attached to this Contract but shall remain on file with the City at least so long as any of the Project remains subject to the terms of 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 are: Plan A — Plat of Tanager Estates Plan B — Heritage Lane Extension Plan and Profile dated Plan C — Grading, Drainage, and Erosion Control and Storm Water Pollution Prevention Plan dated Plan D — Wetland, Buffer, Planting and Bluff Preservation Plan Plan E — Road Use Agreement Plan F — Sanitary Sewer Plan and Profile Plan G — Conservation Design Report and Management Program by Svoboda Ecological Resources dated September 15, 2415 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 Tanager Estates-vl-mpg-2123116 Tanager Estates-vl-mpg-2123116 1893390 1893390 3 3 B. Setting of Iron Monuments C. Surveying and Staking D. Public Street E. Public Sanitary Sewer System E. Traffic Control Signs, Street Signs 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 submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. 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 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 4 Tanager Estates -v1 -mpg -2123116 4 Tanager Estates -vi -mpg -2/23/16 1893390 1893390 "as constructed" Plans in an auto CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. Developer will install any required storm water ponds 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: MnDNR for Dewatering e 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 a MCWD for wetland mitigation permit 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 Tanager Estates-vI-mpg-2/23116 5 Tanager Estates -v I -mpg-2123/16 1893390 1893390 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2017, with the exception of the final wear course of asphalt on the public roadway extension. 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 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 Project. 14. EROSION CONTROL. Prior to initiating site grading, the Grading and Storm Water Pollution Prevention Plan including all required erosion controls, Plan C, 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 Tanager Estates-vl-mpg-2/23/16 6 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 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 Project is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The Project shall be graded in accordance with the approved grading development and erosion control plan, Plan C. 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, and the City has received a final grading and road plan, SWPPP, and plans for all improvements. 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 comer elevations, and 7 Tanager Estates-vl-mpg-2123/16 7 Tanager Estates -v I -mpg-2/23/16 1893390 1893390 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 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 have been monitored and constructed to meet or exceed FHAIMD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, 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 LNIPROVEMENTS. Developer shall construct the public and private Improvements as enumerated in Section 8 above. Developer shall enter into,execute, and cause to be duly recorded in the office of said County Recorder, a declaration of covenants, conditions, restrictions and easements (the "Declaration") , the form and substance of which shall be subject to City approval, regarding the private stormwater management facilities and maintenance of said facilities. 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. Upon satisfactory completion of the public street and public sanitary sewer system, the City Council shall formally accept said street and sewer as public and will thenceforth own and maintain said street and sewer system. At the request of the Developer, upon expiration of all warranties and completion of the Improvements in conformance to the requirements of the Contract, as determined by the City, the City will execute a recordable certificate of completion confirming such completion and release of the Land from provisions of this Contract relating thereto. 8 Tanager Estates -vi -mpg -2/23/16 8 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 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 project, coordination for final inspection and acceptance, project 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. Contemporaneously with the execution of this Agreement, the Developer shall deposit $10,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Agreement, if compliance with the terms of this Agreement are not accomplished. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without fin Cher approval of the Developer to reimburse the City for eligible expenses the City 9 Tanager Estates -A -mpg -2/23/16 9 Tanager Estates-vI-mpg-2/23116 1893390 1893390 has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 19. CLAIMS. In the event that the City receives claims from laborers, material suppliers, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, material suppliers, or others 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 57,680.00 per lot calculated as follows: $7,680.00 per lot x 3 new lots = $23,040.00 21. PARK DEDICATION FEE. The Land is subject to the standard City of Orono Park Dedication Fee requirement. Because the value of each newly created lot in the Plat will 10 Tanager Estates -v1 -mpg -2123116 10 Tanager Estates-vI-mpg-2123116 1893390 189339v3 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 3 lots = $1.6,650.00 22. SEWER CONNECTION CHARGE. The development is subject to a Sewer Connection Charge based on the 2015 Orono Fee Schedule for the 1998 Shoreline/Heritage Sewer Project at the rate of $22,440 per lot, calculated based on 3 new lots plus the 1 existing principal residence at 1700 Shoreline Drive, as follows: $22,440 per lot x 4 lots = $89,760.00 23. LANDSCAPING. All landscaping shall be installed in accordance with the approved landscape plan. 24. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions listed in: (1) Resolution No. 6569 Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 1700 Shoreline Drive - File No. 15-3774, adopted by the Orono City Council on December 14, 2015; (2) City Engineer comment letters dated August 13, 2015 and October 22, 2015; and (3) Resolution No. approving the Final Plat for Tanager Estates, adopted by the Orono City Council on , 2016. B. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed declaration of covenants for the permanent flowage and preservation of wetlands, in recordable form, specifying the proposed conditions and limitations to be placed on the wetlands within the Plat, in the form of the attached Exhibit �. The Wetland Easement shall I Tanager Estates-vl-mpg-2123116 II Tanager Estates-vl-mpg-2123116 1893390 1893390 incorporate as a minimum the following elements: no structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement. Permanent markers of a design and material acceptable to the City Planning Director shall be placed at all points where the conservation easement intersects a lot boundary or where the easement boundary line changes direction. The recording of the Plat and the Conservation Easement shall be conclusive evidence of the satisfaction of this special provision. The Developer is advised that the City -required minimum setbacks of from the delineated wetland boundaries and from MCWD-imposed wetland buffers shall be adhered to. C. Developer shall grant to the City a preservation easement and covenants for the protection, preservation and enhancement of woodlands and prairie open spaces, over those areas designated for protection on the approved preliminary plat and final plans including the designated portions of all building lots as shown on the approved drawings depicting the Tree Preservation Easements and Bluff Preservation Areas within individual Lots (Plan D), in the form of the attached Exhibit . Developer shall be required to implement and adhere to the recommendations and provisions contained within Plan D, in the form of the attached Exhibit _ . Permanent markers of a design and material acceptable to the City shall be placed at all all corner points to demarcate the Tree Preservation Easements and Prairie Preservation Areas. D. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. 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. 12 Tanager Estates-vl-mpg-2/23/16 12 Tanager Estates -v 1 -mpg -2/23/ 16 1893390 1893390 E. Lots 1, 2, and 3 within Tanager Estates shall be provided with vehicular access via private driveways extending from a new public cul-de-sac to be constructed by the Developer as an extension of Heritage Lane. Developer shall comply with the Construction Activity and Traffict Control requirements outlined in Plan E, in the form of the attached Exhibit Driveways shall be designed and located so as to not encroach on wetlands or MCWD- required wetland buffers, and to minimize tree removal to the greatest extent practicable. Lot 4 shall continue to be served by the existing driveway extending from Shoreline Drive. F. NIA G. NIA H. Lots 1, 2 and 3, and the principal residence on Lot 4, shall be served with public sewer extending from the existing municipal sewer within Heritage Lane. The sewer extension within Heritage Lane shall be constructed by the Developer at the Developer's expense subject to the approved plans, Plan F. Developer shall execute a drainage and utility easement over Lot 3 in favor of Lot 4 for future sewer utilities. Upon certification by the City Engineer that the sewer extension has been completed and is fully functional and accessible per City Code requirements, the City will accept the sewer system as public and shall henceforth maintain the public sewer system. I. Prior to City Council approval of the final Plat, the Developer shall furnish a boundary survey of the Land with all property comer 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 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. 13 Tanager Estates-vl-mpg-2/23/16 13 Tanager Estates-vl-mpg-2/23/16 189339v3 1893390 I NIA K. Lots 1, 2, and 3 each 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 LR -1A Zoning District. L. The Developer shall pay to the City 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. N/A 0. N/A. P. 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. 14 Tanager Estates-vl-mpg-2/23/16 14 Tanager Estates-vl-mpg-2/23/16 1893390 189339v3 25. 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 mount of the security shall be "ITZITIM4 WPT119M 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, with City approval the security may be reduced from time to time by ninety percent (901/o) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's 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. 26. SU`.MM[ARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval: 15 Tanager Estates-vl-mpg-2/23116 15 Tanager Estates -v I -mpg-2/23/16 189339v3 1893390 Park Dedication Fee $ 16,650.00 Storm Water and Drainage Trunk Fee 23,040.0 Sewer Connection Charges (4 lots) 89,760.00 Engineering, Oversight and Erosion Control Escrow Final Plat Fee 700.00 Total Cash Requirements & Fees S 27. 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 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. 28. 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 Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in 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 Project. 16 Tanager Estates-vl-mpg-2/23/16 16 Tanager Estates-vl-mpg-2/23/16 189339v3 1893390 B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Project. The Developer shall defend and indemnify the City and its officers, employees, and agents against any claims arising out of or related to the Plat, including all approvals and permits issued as a result of the Plat, and 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 Project until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) 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 City acts as agent may be imposed such as, but not limited to, connection charges and building permit fees. 17 Tanager Estates -v1 -mpg -2/23/16 17 Tanager Estates -v1 -mpg -2/23/16 189339A 1893390 29. 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 Project. 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 or any successor in interest to the Developer. 30. 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 Project 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. 18 Tanager Estates-vl-mpg-2123116 18 Tanager Estates-vl-mpg-2123/16 189339v3 1893390 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, material men, 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 covenants with 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 the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 19 Tanager Estates-vl-mpg-2/23/16 19 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 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, 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. 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. 31. 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: 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 following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. 20 Tanager Estates -0 -mpg -2/23/16 20 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 32. At the request of the Developer, upon expiration of all warranties, completion and satisfaction of all requirements of the Contract, as determined by the City, the City will execute a recordable certificate of completion confirming such completion and release of the Land from provisions of this Contract relating thereto. The Developer may request partial release of the Contract. [Remainder of Page Intentionally Left Blank] 21 Tanager Estates-vl-mpg-2123116 21 Tanager Estates -v1 -mpg -2!23/16 1893390 1893390 CITY: CITY OF ORONO : (SEAL) Lili Tod McMillan, Mayor Jessica Loftus, City Administrator DEVELOPER- : Tanager Estates-vl-mpg-2123116 Tanager Estates-vl-mpg-2/23/16 1893390 189339v3 22 22 Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009 Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust Agreement dated November 22, 2006, as amended on October 23, 2009 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged betore me this day of , 2016 by Dili 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. STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2015, Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008 and October 23, 2009, Developer.. lem M-015 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, Alexandra Jacobs, as Trustee under the Alexandra Jacobs Revocable Trust Agreement dated November 22, 2006, as amended on October 23, 2009, Developer. Notary Public 23 Tanager Estates -v1 -mpg -2123116 23 Tanager Estates-vl-mpg-2123116 1893390 1893390 DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, INTNI 55121 Telephone: (651) 452-5000 24 Tanager Estates -v1 -mpg -2/23/16 24 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT '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 Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2015, by the of . on its behalf. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNOTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, NLN 55121 Telephone: (651) 452-5000 25 Tanager Estates -Yl -mpg -2123116 25 Tanager Estates-vl-mpg-2123116 1893390 1893390 Exhibit A 26 Tanager Estates-vl-mpg-2/23/16 26 Tanager Estates -v1 -mpg -2/23/16 1893390 1893390 Exhibit H 27 Tanager Estates-vI-mpg-2123116 27 Tanager Estates-vl-mpg-2123116 1893390 189339v3 Exhibit C 28 Tanager Estates-vl-mpg-2/23/16 28 Tanager Estates-vl-mpg-2/23/16 1893390 1893390 Exhibit D 29 Tanager Estates-vl-mpg-2/23/16 29 Tanager Estates -Yl -mpg -2123116 1893390 1893390 Exhibit E 30 Tanager Estates -v1 -mpg -2123116 30 Tanager Estates-vl-mpg-2123116 1893390 1893390 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of Tame 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 Bank) , on or before 4:00 p.m. on November 30, 2 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. 600. 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. i� Its 31 Tanager Estates -v1 -mpg -2123116 31 Tanager Estates-vl-mpg-2123/16 189339v3 1893390 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: ADDRESS: AGENT: ADDRESS: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE 1 / EXPIRATION DATE 1 I 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 i EXPIRATION DATE INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective O Other LIMITS: 32 Tanager Estates-vl-mpg-2123116 32 Tanager Estates-vl-mpg-2123116 189339v3 189339v3 General Aggregate Limit (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence S COVERAGE PROVIDED Operations of Contractor: Yes No. No Operations of Sub -Contractor (Contingent): Yes No. Does Personal Injury Include No Claims Related to Employment: Yes No. No Completed Operations/Products: Yes No No Contractual Liability (Broad Form): Yes No No EXCEPTIONS: AUTOMOBILE LIABILITY POLICY #_ ! f INSURANCE COMPANY: ( )Any Auto ( )All Owned Autos ( )Hired Autos ( )Non -Owned Autos LIMITS: Government Immunity is Waived Yes_ Property Damage Liability Includes Damage Due to Blasting Yes. Damage Due to Collapse Yes. Damage To Underground Facilities Yes Broad Form Property Damage Yes EFFECTIVE DATE: I` l EXPIRATION DATE: ( )Scheduled Autos Bodily Injury $ Each Person / $ Each Occurrence OR Combined Single Limit Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # EFFECTIVE DATE: I I EXPIRATION DATE: / 1 LNTSURANCE COMPANY LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence S Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes No 33 Tanager Estates-vl-mpg-2123116 33 Tanager Estates-vl-mpg-2123/16 189339v3 1893390 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 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 34 Tanager Estates-vl-mpg-2/23/16 34 Tanager Estates-vl-mpg-2/23/16 189339v3 189339v3 -NW OSEo P / SAB 1 I I I I I WEST LINOF GOVT LO 1 / PROPOS CB3 _ / RIM9QT�.lyf ,Rope vac, / ArK G 6 Mu a-- _ � / / IR tMPIE / 1P AUPIE E IC AMGk£' _(y / ynJy_iU l wA sr By: 13• o face I w 86,8 Sur - �RovN ,..- / f I L 1 1/2-x.1a Bos m 8- Cle s 5 A ega --h.be rocs y ubgraee S b on ;oOr�ce - tc9u STPIIp,Vtp pEfP1L5 I ( uc I l�S _ ,B 0 »bgr9 e ' rA05bt1 W4ig0. 3-,o n ITUMINOl.S STREET WITH CONT-?GLITTERFTE CURB AND ••- ORONO, MINNESOTA. TANAGER ESTATES PROPOSED ROAD PLAN & PROFILE rI I�-mpp mm -q SCALE IN FEET ----------- - -----: = .------------ ............. :----------- = = = = = = .:.---------- -'--- =' ....---------- :---- .------- ,------------ .------ .._...----- .------ •----------- : PROPOSED -.._-R- AD:..... O •_-- .:------------ :..:..:.................. .------------ ,---- .------ :.. :. . _•---.--------• . ..::.... ------- 970 -- ----------------------:---------_-_------------_--_-----------:------ - -- - --- ---------- - --- ... - - ---•- _ _---•-----------_- -------------- -------- ----------------------- ---- - -------- - ------ -------- --------- -- -- --- ----------- ------- ----- -------- 970 _..' 960 ..... -- __"'--------------------------------------- - "- ' t .------..._... ---- :... -- -------- •- - -------•---- -- - ----- --- -• --•----- -----•--------------- ---------------- -------------------"-----:--------_--;-.-----"-"--;----------- -- -------- :----------------------- - ------- - - - --- ------ ---960 :-------_------------- `----- -- •-----------• - --- -'------- PVI_1x50._-------'-------•----------- •-------- - •------- -------- -------I----------------- - _.__.. ---'---_ ...---- -•-:ELEI[=347_0-------------'::----------=------- - -, ----------------- __ --__ -_--------_-_--------__- . - -'- --- ----- -------- ---- --- --------- K=941.A--_'.l-'----- ---'------- -------- ------- ------ '-- _-_ _ j�- _ _ --- ---_ -------- ::;:::::--- ::::.VG=50'--------------'x----- ----'------E1 -- - _- ------'-----.C...-----�---_-_-_---• - --'---------- - ------ ------ 950_ . -'- ---------- ------bi=0.48:;-'-----'-'� - - • ----- - --'-'�-------- '� - ----�--'-------------.._-�------ - - '%--------....__--..... ra-j 50 ..... .. -. _ ------ .._ ; .. ......-- - -------- ..._ ......... 950 :--- .--- .---------------------- .................PROPOSEO.ROAD CEN7ERk1NE--_....:._..... :::_: - -...- --- . y ' �- L):: 940 ' - ___________________________________________ . -- - ____ _:______.___..____._._____:-__.___::____.___.:::._._._._._:.._......_..�___________:_::_-__ u 940 ROVND PROFlIE 3 - . ..................... • _._ry_. _......0_.. .. ... _ .E105iiNG.G ...... .......y ...... ...........•__....._._.. .. ...._. _._... _._d ..4_..._..._,....__.O-...__... _......... . 0......_------------ .�.. .. ........ ----------- ......... c0..___. .-- ._....._ .... .. ----- --- .. ....... •-...........IA ------ 930 •-' ...... ...... ......l0.-_:_._..tSi__...•__..V `a`r--------'-'---'.. .a.._: -----`r -• - -' � ,.._. - ......_:_._.. ..._h.•_. ------'---------`°--------------- "- ''- •-- - -°'- -- �' �' rsr -" ::::: - I- --'- --- ----- :: 930 0 1 2 3 4 W Ln Ln W� V zM M Zai ��,• J M yozLLJ a Z< N HJY V 0, 0J LL z N�0 N to J Qow z>_ obi J q O M Cy9 L i w 0 N WLU J tp zJ m mw Z z� Lu z O -JZ 0 O >' Cd D O � -�w m2 E N a� m E'er c'mE EXHIBIT A SITE PLAN 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: October 6, 2016 Item No.: 11 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"_4 Planning Dept. Title: Senior Planner Item Description: 16-3855 — Eric & Andrea Larson - 690 Brown Road North - Scott & Jeanne Mabusth - 740 Brown Road North - Sketch Plan Review Zoning District: LR -IA, One Family Lakeshore Residential District (2 acres/200' width) Property Area: 27 acres total (20.9 ac. dry buildable reported by applicant, excl. wetland and buffers) (23.8 ac. dry buildable - staff calc. excl. just wetland) Application Summary: This is a sketch plan for a 27 -acre property comprised of 2 tax parcels, proposed to be developed into 25 single-family residential lots ranging in size from 15,000 s.£ to just over 2 acres (gross including wetland). All lots are proposed to be served by municipal sewer and water and an internal road system. The proposed plan would require rezoning and an amendment of the comprehensive plan, as the properties are within Orono's defined Rural Area in which the minimum lot size for new development is two dry buildable acres. Planning Commission Recommendations: The Planning Commission reviewed the applicant's sketch plan at the September 19 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 applicants to bring to light potential issues for consideration and issues to be addressed when the formal Preliminary Plat application is submitted. List of Exhibits Exhibit A. Sketch Plan Exhibit B. Public Comments Received 1 — Muldoon comments (presented at 9/19 PC meeting) 2 — Dayton email of 9/22/16 3 — Adams letter and presentation materials of 9/29/16 Exhibit C. Draft PC Minutes of 9/19/16 Exhibit D. Notice of PC Action 9/23/16 Exhibit E. Traffic Generation Information provided by Applicants Exhibit F. PC Memo and Exhibits dated 9/14/16 Please review the Planning Commission memo and exhibits dated 9/14 and the PC minutes of 9/19 for background on the proposed development. 16-3855 October 6, 2016 Page 2 Key Points There are a few important points to keep in mind as Council reviews this sketch plan: - The property is designated in the Comprehensive Plan as within Orono's Defined Rural Area (CMP Map 3B-1: "Defined Urban and Rural Areas"), where the clearly defined intent is to remain at rural densities with lot sizes of 2 acres or larger. - Orono's Land Use Plan guides the property as Low Density Residential (CMP Map 3B- 6) which has a designated density range of 0.5-2.0 units per acre (i.e. minimum lot size range of 1/2 -acre to 2 acres). This range was established in order to comply with Met Council requirements that each Residential Land Use category include a designated range of densities, rather than simply a minimum lot size designation as appeared in past Orono CMPs. The irony of having a range designation is that Met Council then bases their density calculations on the lowest density (largest lot sizes) within each range. - From the City's perspective, the 0.5-2.0 units/acre range reflects that the areas guided for Low Density Residential use include existing neighborhoods historically developed with lot sizes smaller than 2 acres, such as Crystal Bay, Stubbs Bay, and the Long Lake Boulevard areas. The range was not intended to suggest that new development would be approved at the higher densities within the range, and the City is not obligated to any developer or landowner to allow development at the higher densities. - While the applicants point out that they are proposing to `meet code requirements', they are actually proposing to change the zoning from LR -IA (2 acre/200') to RPUD (15,000 sf/90') and meet the RPUD code requirements. - The portions of the property less than 250' from the Creek and less than 250' from the shoreline of Long Lake are not eligible for rezoning to RPUD. While hoping to convince the Council to allow RPUD zoning (and therefore flexibility) for the entire property, applicants propose to create a tier of seven 2 -acre lots along the shore and creek to comply with the LR -1 A standards. However, as depicted each of these 7 lots appears to be lacking in dry buildable acreage, dry buildable contiguity, or both. - An analysis submitted by nearby property owner Tim Adams (developer of The Farm at Long Lake in 1978) illustrates the long history of large -lot development in the area (Exhibit B-3). Applicants' property has been zoned for a minimum lot size of 2 dry buildable acres for nearly 50 years. - Applicants suggest that based on their proposed density of just over 1 unit per acre (25 lots on 23.8 acres, excluding wetlands, including proposed internal roads) that they meet the density guideline of the Low Density Residential land use category, and don't need a Comp Plan amendment. However, development at the proposed density would require amendment of the CMP by amending the Defined Rural Area as depicted in Map 3B-1. - PRD Option? Although not proposed by the applicants, development as a Planned Residential Development (PRD) is worthy of discussion. PRD is based on the existing underlying zoning, but provides applicants with flexibility in terms of individual lot sizes, setbacks, etc. at Council's discretion. With approximately 23.8 acres of dry buildable land, a development of 11 units, clustered to reduce infrastructure costs and preserve open space, may be an option worthy of consideration if Council does not support the applicants' proposal. This would be similar to the Creekside development on Brown Road South, which resulted in 7 small lots based on having 14 dry buildable acres, while preserving much wetland and upland as open space. 16-3855 October 6, 2016 Page 3 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. The property has been zoned and guided for 2 -acre single family development for many decades. The current Land Use Plan guiding for Low Density Residential Use indicating a density range of 0.5-2.0 units per acre was established to reflect the various historic densities of development within the defined Rural Area, but was not intended to direct that land historically zoned for 2 -acre lots should be changed to higher densities. The City specifically guided certain carefully -selected properties for higher density in 2010 to meet Met Council goals and create a buffer to allow continued development of the shoreland areas at the historically zoned and guided low densities; the applicants' property was not one of those properties reguided for higher densities. The proposed development is a significant departure from the historic planned development pattern for this site. Does Council support the applicants' proposed higher -density use? 2. If higher density for a portion of the site is deemed to be acceptable, is Council comfortable with the 15,000-20,000 s.£ lot sizes generally proposed in the RPUD portion of the site? Do these lot sizes provide a reasonable transition between the rural 2 -acre lots to the north and the variety of development types to the west and south? Or should a different RPUD lot size be required? Is such a transition even necessary? 3. Portions of the property located less than 250 feet from the creek or less than 250 feet from the OHWL of Long Lake are not eligible to be rezoned to RPUD nor are they subject to flexibility in terms of lot standards. Applicants are requesting that these areas be included in the RPUD rezoning in order to allow flexibility due to the physical limitations of the site. Does Council find any reason to vary from this RPUD prohibition? 4. Due to the number of units to be served; the proposed overall density of development; and the use of municipal sewer and water systems, it could be argued that the road system should be public. Applicants are prepared for the road to be private. Council should discuss the merits of this being a public or private road. 5. Council should consider whether this development should be required to create the RPUD standard 10% private recreation area, and whether the proposed internal trail system would satisfy that requirement. 6. Can Council identify any other topics that should be addressed with this concept plan review? Are there other options for development of this site that should be considered? Met Council Sewered Density Analysis The recent Met Council approval of the mixed use reguiding in Navarre has re-established enough `buffer' to allow expansion of MUSA services in areas historically guided for low densities. That buffer currently is large enough to accommodate either the applicants' proposed 25 -unit development or a 10 -unit project with 2 -acre lots. Development of 10 units at the applicants' property will result in a greater decrease in the buffer than if it is developed with 25 units. 16-3855 October 6, 2016 Page 4 Public Comments Received Although the sketch plan review process does not involve public notification, members of the public were present at the Planning Commission meeting and were allowed to comment (see the PC minutes). We have received a number of written comments (Exhibits B). Members of the public are likely to be at the Council's sketch plan review and may wish to comment. 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 list of "Issues for Discussion" reveals a number of issues with the proposed plat. Council should review each topic and identify any issues to which the developer should pay special attention. The developer should advise whether any of the issues noted present particular problems, so that those issues can be discussed and the potential for approval or denial of the various aspects of the proposal can be addressed. Staff Recommendation 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 represents a departure from the long-standing zoning and CMP density guidelines for development of the site, staff would reiterate that the Council has wide discretionary authority to approve or deny rezonings and comprehensive plan amendments as the Council sees fit. COUNCIL ACTION REQUESTED Review the sketch plan and advise the applicants as to any specific or general concerns about the proposal, as well as any items that should be addressed should they choose to make a formal Preliminary Plat / Rezoning / Comp Plan Amendment application. c2016 Westwood Professional Services, Inc. 50 r r EXISTING ZONING LR -ONE Site Development Summary PROPOSED ZONING APUD- RESIDENTIAL PLANNED UNIT DEVELOPMENT AREA / GROSS SITE AREA TOTAL GROSS SITE AREA 27.00 AC Ela4ae�o _ F0.lSEa dN SURVEI'4 TOTAL NET SITE AREA 20.92 AC BUILDABLE± \ - PRIVATE RECREATION AREA REQUIRED 2.70AC(27.00.0.10) 15,000SF �\ MIN. 10% OF GROSS PROJECT AREA FRONT YARD REAR YARD SIDE YARD PRIVATE RECREATION AREA PROVIDED 2.72 AC LR -1A LOTS _ - EXISTING ZONING LR -SA- ONE FAMILY LAXESHORE RESIDENTIAL 2 ACRES aA PROPOSED ZONING LR -1A -ONE FAMILY LAKESHORE RE l / GROSSSITEAREA 16.78 AC (SUBJECT PROPERTY) NET SITE AREA 10.91 AC BUILDABLE (SUBJECT PROPERTY) I .W SETBACKS -LR -1A MIN. LOT SIZE 2 ACRES FRONTYARD SO FEET - REAR YARD 50 FEET SIDE YARD 30 FEET .i , I PROPOSEDLOTS 6 1 RPUD LOTS 1A FAMILY LAKESHORE RESIDENTIAL 2 ACRES RECEIVED JUL 2 0 016 CITY OF ORONO C-6 Westwood Westwood Professional Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 Phone (952)837-5150 FaK (952)937-6822 Td Free (888)937-5150 weslwoodps.com DemEmed: Idt Dr.— Idt Record Drawine by/date Prepared for. Eric Larson 983 Nine Mile Cove East Hopkins, Minnesota 553439 690 Brown Road Orono, Minnesota Concept Sketch Plan Deet 0719.2M l OF l 0009154–Concept Plan Submittak*q t - t,, PROPOSED ZONING APUD- RESIDENTIAL PLANNED UNIT DEVELOPMENT WETIANOI / GROSS SITE AREA 10.22 AC (SUBJECT PROPERTY) I � Ela4ae�o _ F0.lSEa dN SURVEI'4 NETSITEAREA 10.01 AC BUILDABLE ± (SUBJECT PROPERTY) \ - - SETBACKS MIN. LOT SIZE 15,000SF �\ FRONT YARD REAR YARD SIDE YARD 25 FEET 40 FEET 10 FEET/ 15 FEET �\ \` I LOTS 19(1.90 U/A NET DENSITY) 1 3 Epq` �_. eNVl LINE d w9 �.. � \. IetiltT+oR wavTa'I RECEIVED JUL 2 0 016 CITY OF ORONO C-6 Westwood Westwood Professional Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 Phone (952)837-5150 FaK (952)937-6822 Td Free (888)937-5150 weslwoodps.com DemEmed: Idt Dr.— Idt Record Drawine by/date Prepared for. Eric Larson 983 Nine Mile Cove East Hopkins, Minnesota 553439 690 Brown Road Orono, Minnesota Concept Sketch Plan Deet 0719.2M l OF l 0009154–Concept Plan Submittak*q X WETIANOI / 48.5 Sr O (MANPGE II r ' _ _ r .. Ela4ae�o _ F0.lSEa dN SURVEI'4 RECEIVED JUL 2 0 016 CITY OF ORONO C-6 Westwood Westwood Professional Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 Phone (952)837-5150 FaK (952)937-6822 Td Free (888)937-5150 weslwoodps.com DemEmed: Idt Dr.— Idt Record Drawine by/date Prepared for. Eric Larson 983 Nine Mile Cove East Hopkins, Minnesota 553439 690 Brown Road Orono, Minnesota Concept Sketch Plan Deet 0719.2M l OF l 0009154–Concept Plan Submittak*q X 0' 100' 200' 300' RECEIVED JUL 2 0 016 CITY OF ORONO C-6 Westwood Westwood Professional Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 Phone (952)837-5150 FaK (952)937-6822 Td Free (888)937-5150 weslwoodps.com DemEmed: Idt Dr.— Idt Record Drawine by/date Prepared for. Eric Larson 983 Nine Mile Cove East Hopkins, Minnesota 553439 690 Brown Road Orono, Minnesota Concept Sketch Plan Deet 0719.2M l OF l 0009154–Concept Plan Submittak*q f `� A r J// 9// ec - /2C A, a -e. . Thank you for the opportunity to address our position on the 690-740 Brown Road application, #16-3855. Council My name is Paul Muldoon. Exhibit B - My wife and I reside in the Orono community. Our home is located in the West Farm Road subdivision, which is immediately adjacent to the applicant's property. We understand that this is a preliminary hearing intended to solicit both neighborhood and community feedback on the applicant's proposal. We have read the applicant's proposal and reviewed the commission's preliminary review. Tonight's forum is time limited and does not permit our full commentary on the commissions 6 items under consideration. Instead we will limit our remarks to items 1-3, which are the baseline rezoning and variance requests. We respectfully request that these remarks be entered into the record. A written copy will be provided. Let me begin by saying that we are interested in the applicant being able to develop their site in accordance with the applicable, existing ordinances and zoning as they stand today and have stood consistently since the applicant purchased this property in the year 2000. These historical ordinances are both old and new, in the sense that they were place before applicant's arrival and affirmed by the community for decades. They were adopted formally as The Community Management Plan in 1980, and have been reaffirmed via our current 2010-2030 Comprehensive Plan as recently as 911312010. By our understanding of the planning commission's minutes, under current zoning, the applicant would be entitled to develop up to 10 residential parcels and be able to build on all land other than that currently designated as protected wetlands. The permitted scale of a 10 unit single family development with 2 acre lot minimums, is common, profitable and fits our communities existing, stated land use and buildable area restrictions. We support the applicant's rights to this level of development. Importantly, it is compatible and consistent with the planning commission's past decision making, practice and preservation philosophy. The applicant's proposal is to rezone their specific plot to an RPUD, with in many cases, lot sizes less than 25% of the minimum required standard, and setbacks over 25% shorter than minimum required standards. This request has no compelling justification by the owner and goes against the general welfare of the applicant's other residential neighbors. It greatly threatens to impair the purposes and intent of our ordinances that are specifically drafted to preserve the essential and irreplaceable character of our community's wet lands, and as importantly, the overall health and water quality of Long Lake Lake, which should be noted is already under great stress. It is clear to us residents, that the proposal for urban zoning in a historically designated wet land area, will clearly adversely impact the environment the immediate neighborhood, as kE(;tI111--U SEP 2 0 2016 CITY OF ORONO well as, the broader Orono community, which relies heavily on the stability and consistency of the planning commission's enforcement of current preservation regulations. It is well established that building area standards that are significantly less restrictive than those otherwise commonly present in an area threaten the essential character of that neighborhood. In addition, relaxing land use standards on wetland areas through selective variances can threaten the long term viability of all community wetlands through precedent. We along with many of our neighbors here tonight, believe the applicant's request for rezoning and variances is a threat to the essential character of our neighborhood and community. Many of us have selected to live in our neighborhood, based on its low density character. We abide by the current regulations and expect our neighbors to do the same. We see no compelling reason as to why these neighbors should be granted an exception to do otherwise, especially when it is a privilege to them and a detrimental impact to us, and the environment, especially including the water quality of the Lake. The applicant will incur no hardship in developing within the existing zoning rules and allowing us to continue to enjoy the neighborhood in its current character. The same cannot be said to be true otherwise. The applicant bought this parcel with full knowledge and understanding of it's development limitations. There is no hardship associated with having them abide by current regulations. We view the rezoning application as an attempt to obtain special privilege and maximize profits on their land sale. The only thing clear about their intent is increasing the zoning density to make it more attractive and valuable to a third party buyer. In our opinion, any commentary on the applicant's sketch plan appears premature, as site layout, configuration, and building character can change dramatically depending on the end beneficiary of this request. The only thing certain, however, is the new owner's ability to demand future variances, based on their purchase of a site that by description allows density far in excess of this application.'. In closing, I will say that my family and many of the immediate neighbors are in very strong opposition to this proposal. It is unjustified. It will negatively impact the rural nature of our neighborhood. It will harm the environment, and the water quality of Long Lake. It presents density and building standards far less desirable than that in place both within our neighborhood and similar zoned, wetland areas in the broader Orono community. For us residents, this is much more than a simple departure from the consistent protective zoning that has been in place for several decades Thank you for the time in listening to these remarks. 'Applicats propose a density of 15,000-20,000 s.f. lot sizes (vs. 87,120 s.f per lot as currently zoned). In contrast, the lot sizes in Sugar Woods, which was platted as a Planned Residential Development (PRD), range from 0.71 acres to 1.41 acres and average 0.92 acres, which translates into a lot size range of 30,927 s.f. — 61,419 s.f. with an average of 40,000 s.f. Megan and Jing Dayton RECEIVED SEP 2 2 2016 612 201 7673 mega ndayton@mac.com 1305 County Road Six, Long, Lake 55356 CITY OF ORONO Council Exhibit B -2 September 19, 2016 Orono Planning Commission 2750 Kelley Parkway Orono, MN 55356 Dear Planning Commission members, We are writing about #16-3855, Eric & Andrea Larson, 690 Brown Road North Scott & Jeanne Mabusth, 740 Brown Road North - Sketch Plan Review. You recently held a meeting to discuss this property and we were not able to attend. However, we want to register our discomfiture with the idea of Orono departing from the current zoning and Comprehensive guidelines to allow a higher density development in this location or any location in Orono. Having read through the application, we see no reason to abandon Orono's current zoning guidelines for this project. The Planning Commission has put in place well considered and thoughtful guidelines to sustain Orono's very desirable "Look and Feel", and we see no reason to compromise those guidelines- ever! Please give sincere consideration to denying the request for Variances in #16-3855. We will make every effort to attend your next hearing on this matter because we want to support your effort to uphold the Comprehensive Plan guidelines. Thank you for your hard work on Orono's behalf. Sincerely, jl,oe� 4— Y� Jim and Megan Dayton Timothy Adams 1810 West Farm Road Long Lake, MN 55356 Council Exhibit B-3 Honorable Mayor & Council Members Re: Sketch Plan Review 690-740 Brown Road No My name is Tim Adams. In 1969, Mary & I brought our family to + 70 -acre Dairy farm on the NW corner of Long Lake. Over the years, we have enjoyed the natural beauty of a special place in Orono, complete with lakeshore, wetlands, meandering creeks, hills, hay fields and wooded areas. A natural environment not unlike the adjacent properties currently owned by Larsen/Mabusth now under consideration for rezoning from Rural w/o sewer to urban w/sewer. I was also the developer of The Farm at Long Lake, a partnership formed in 1974 with John Hartwell, whose family owned the property from the early 1930's. It was our intention to develop the property with minimum impact on its rural beauty and Long Lake. As luck would have it, our development objectives and those of Orono were in sync — preserve natural drainage into Long Lake with Wetlands and Conservation Easements, comply with Orono's emerging septic system program to minimize public sewer and its accompanying hardcover, minimize future costs to Orono thru Private Roads & Maintenance, and live with a density compatible with the Rural Zoning of this area. From 1979 thru 1986, 1 was privileged to serve on the Orono Planning Commission and City Council to see these principles built into the City's Comprehensive Plan and Development Policies. On behalf of Orono residents who have built1hought homes on West Farm Road, North Farm Road, Homestead, and Brown Road North, I wish to go on record as opposing the rezoning of the LarsenlMabusth parcels from Rural to Urban and amending the Comprehensive Plan to accommodate the proposed development. The Farm at Long Lake was successfully developed into 24 Lots on 70 acres. The Larsen/Mabusth proposal is for 25 homes on 27 acres. The owners' consultants have relied heavily on a comparison to Sugar Woods and Long Lake. This grossly ignores the fact that Sugar Woods is not on Long Lake, has no wetlands, was heavily wooded with no scenic vistas, and fronted commercial properties. And to my knowledge, Orono has never looked to Long Lake for development standards! No, the "neighborhood" for comparison should be the property to the North —the Farm, Homestead, and other residential development along Brown Road North. which have retained a 2 -acre minimum lot size required by present zoning and in some cases also hooked up to public sewer to further protect the watershed. (see attached aerial photo) In their review, City Staff has detailed how the proposal fails to meet Orono standards and where more work is needed. I quote from their analysis: 1. The property is currently zoned LR -1A, Lakeshore Residential District, which allows for single family residential uses with a minimum lot size of 2 dry buildable acres. Under the current zoning, the property could likely be developed with no more than 8-10 total lots. 2. Does not match the current and historic zoning of the site for 2 -acre minimum lot sizes 3. Under the LR 1A standards, each lot must contain two contiguous acres exclusive of wetlands. The acreages reported on the sketch plan for Lots 1-6 and Lot 25 appear to include wetlands and non-contiguous acreage. Each of these 7 lots appears to be lacking in dry buildable acreage, dry buildable contiguity, or both. 4. Did the City fathers intend that the defined Rural Areas should be subjected to urban zoning and urban development standards once sewer was provided? Staff thinks not, given that the City has not rezoned to urban density any of the "rural clusters" that were retrofitted with sewer over the past three decades. 5. The proposed RPUD element of the proposed subdivision would not appear to be similar in character to surrounding development. 6. The two major wetlands, in the NW quadrant of the property and at the lakeshore, would be protected as -is, subject to MCWD buffer requirements and City of Orono conservation and flowage easements. The MCWD would be involved in establishment of any wetland mitigation requirements. 7. The applicants are proposing a storm water management system incorporating a variety of methods including water re -use, pervious pavers, raingardens, ponding and sand -iron filters to result in an improved quality of runoff entering Long Lake. Ponding areas will require the establishment of easements and the ponding areas will not be creditable as dry buildable area. Storm water management will be subject to City and MCWD review and approval. S. Due to the density proposed, staff would conclude and recommend that the roadway system be publicly owned and maintained. 9. The property will be reviewed in terms of the Rural Oasis goals and policies which have been approved by the City Council. It seems much work is left to be done to substantiate the claims of the owners' consultants. There also seems to be a need for the owners of this property to work with "neighbors" to arrive at a plan worthy of such a radical change in Rezoning and Orono's development policies. A rezoning from Rural to Urban and a change in Orono's Comprehensive Plan would not only impact the subject 27 acres and surrounding neighborhood, but would have significant impact on all Orono properly that has not yet felt the economic pressure of high density development. Given the blatant deviation from Orono's historical and current development standards, I urge the Council to advise the property owners to revisit their proposal, living within the limits of current .zoning before more work is done in support of the present proposal. 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Chair Thiesse closeblic hearing at 6:47 p.m. Thiesse commented the applica\ionappears reasonable and that the guest from the road. Schwingler stated the proposeds a logical spot for the builng. Schoenzeit asked if the two buildings will Curtis stated that is the plan. Leskinen commented the request is reasonable. Lemke asked if there is a basement. Curtis stated it is a tuck -under Council Exhibit C will not be very obvious Lemke moved, L/Gant nded, to recommend approval of Appli\tionNo.16-3864, Peter Eskucheon behMerry, 500 Willow Drive South, grannditional use permit and variance peuest house in the location proposed sull recommendations. VOTE: Ayes 6, 7. #16-3855 ERIC AND ANDREA LARSON AND SCOTT AND JEANNE MABUSTH, 690 BROWN ROAD NORTH AND 740 BROWN ROAD NORTH, SKETCH PLAN, 6:50 P.M. — 8:10 P.M. Tom Goodrum, Westwood Engineering; Rose Lorsung, Recreate Real Estate; and Andy Nelson, Westwood Professional Services, were present. Page 9 of 35 MINUTES OF THE ORONO PLANNING COMMUSSION MEEETING Monday, September 1.9, 2016 6:30 o'clock p.m. Gaffron stated this is a request for a sketch plan review regarding a 27 -acre property consisting of two tax parcels. The proposal is to develop the site into 25 single-family residential lots ranging in size from 15,000 square feet to just over two acres. All lots are proposed to be served by municipal sewer and water and an internal road system. The proposed plan would require rezoning and an amendment of the Comprehensive Plan, as the properties are within Orono's defined Rural Area in which the minimum lot size for new development is two dry buildable acres. In reviewing this sketch plan, the Planning Commission should consider the following: 1. The property has been zoned and guided for 2 -acre single-family development for many decades. The current Land Use Plan guiding for Low Density Residential Use by suggesting a density range of 0.5-2A units per acre was established to reflect the various historic densities of development within the defined Rural Area but was not intended to direct that land historically zoned for 2 -acre lots should be changed to higher densities. The City specifically guided certain carefully selected properties for higher density in 2010 to meet ?Metropolitan Council goals. This was not one of those properties. Therefore, the proposed development is a significant departure from the historic planned development pattern for this site. The proposed RPUD element of the proposed subdivision would not appear to be similar in character to surrounding development. To the immediate west is the Sugar Woods residential neighborhood, to the immediate south of the property is a single-family residence on a 2.9 acre lot. Beyond that, in the City of Long Lake are the West Shore Townhomes and the Lake Community Bank. To the southwest is the Orono Woods Senior Housing residence. 2. If higher density for a portion of the site is deemed to be acceptable, is the Planning Commission comfortable with the 15-000-20,000 square foot lot sizes generally proposed in the RPUD portion of the site? Do these lot sizes provide a reasonable transition between the rural 2 -acre lots to the north and the variety of development types to the west and south? Portions of the property located less than 250 feet from the creek or less than 250 feet from the ordinary high water level of Long Lake are not eligible to be rezoned to RPUD nor are they Page 10 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. subject to flexibility in terms of lot standards. The applicants are requestuig that these areas be included in the RPUD rezoning in order to allow flexibility due to the physical limitations o the site. 4. Due to the number of units to be served, the proposed overall density of development and the use of municipal sewer and water systems, it could be argued that the road system should be public. Applicants are prepared for the road to be private. The Planning Commission should discuss the merits of this being a public or private road. 5. The Planning Commission should discuss whether this development should be required to create the RPUD standard 10 percent private recreation area and whether the proposed internal trail system would satisfy that requirement. Gaffron noted the topography is very rolling in this area, with some wetlands along the north in the creek area, a linear wetland centrally located, and along the lakeshore. Gaffron pointed out the location of the existing house on the overhead. Gaffron indicated the applicants have a presentation they would like to give to the Planning Commission. Tom Goodrum, Westwood Professional Services, stated this project has been three years in the making and that they have spent a lot of time and effort designing the development. Goodrum noted their team has worked in the area for a number of years developing properties. Goodrum stated they do not see the proposed development as a significant change to a lot of what currently exists in the City. Goodrum commented this is a very unique and gorgeous piece of property consisting of 27 acres. Long Lake is located on one end of the parcel, Brown Road is on the other side, there are large residential lots to the north, and to the south are apartment buildings, a senior living facility, downtown Long Lake, and about a two to three acre residential area. Goodrum stated the plan they are proposing tonight complements all of it and hits the policies of the City. Page 21 of 35 MINUTES OF THE ORONO PLANNING COMNIISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. Goodrum stated the second unique feature on the site is the natural areas consisting of Long Lake, the creek, wetlands, and woods surrounding the perimeter of the site and internally. Goodrum indicated they spent a lot of time and effort reviewing the features of the site and fitting the development in. The last unique feature is the transitional character of the property. Goodrum noted this property transitions from downtown Long Lake, lakeshore property to the north, residential areas, and basically mirrors what is down Brown Road. Goodrum stated the only way someone would know there is a development located on this site is if a hot air balloon goes over it and that externally a person will not see anything different from the road. Goodrum stated the sketch plan is a time to look at a plan to determine if it makes common sense, meets city goals, and provides discussion on the design. The key points of the sketch plan include the following: - A design based on careful environmental analysis - Conservation and restoration of natural features - Maintains the integrity of Long Lake by incorporating large lots along Long Lake and the north lot line - Complements the neighboring development to the west and south - Will be served by existing sewer and water services - Incorporates a low impact design - Enhances the wetlands on the site Goodrum stated their development goals include high quality design/high quality homes, compliance with the City's zoning standards, environmental protection, preserving the character of the neighborhood, stormwater/phosphorus reduction, and a rural designation/density. Goodrum stated their main objectives for designing the development included environmental protection, preserving the character of the area, and use of existing sewer/water services. Goodrum stated the environmental protection plan looked at wetland restoration, cleanup of Dickey's Creek, conservation of trees for view sheds, shoreland enhancement, lake water quality improvement, buckthorn removal, wetland invasive species removal, tree cleanup, and phosphorus removal. Page 12 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. W* AFA In keeping with the character of the area and transition of uses, the city code, the Rural Oasis, the „ proposed density is .93 units per acre. Pictures of the parcel from Brown Road and the interior of the site were displayed. Goodrum noted someone driving down the road will not see the homes and that they are proposing a low visual impact entrance into the site. Goodrum indicated they will work with the topography in developing this site. Goodrum stated their plan has the following conformance to city policies: The character of the area will not be altered due to the project. - The site abuts an urban area designation. - The site is within the MUSA and easily accessible to existing sewer and water. The site is within the low density designation of Orono's land use plan. - There are several subdivisions within the Rural Area that are developed as similar densities. - The plan will provide better stormwater and phosphorous control than 2 -acre buildable area. Goodrum indicated they also met the City's zoning standard checklist and that one of their goals is to meet the City's standards. Goodrum noted there is nothing in the zoning standards they are proposing that the City cannot accept. Goodrum commented they have the ability to move lot lines, to maneuver driveways, and create a site the City really wants. Goodrum stated their request to utilize the RPUD is simply to create a transitional and environmentally improved development. An RPUD would allow them to effectively develop a 27 -acre site to match the surrounding area. It also provides the ability to create complementary but individually unique lots within one site and keep the entire site under the Rural designation. The RPUD also allows them to utilize existing sewer/water services and effectively incorporate a stormwater plan that reduces phosphorus runoff. RPUD plan improvements for the entire site include the following: Page 13 of 35 NIIN`UES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. I . Lots 4, 5, and 6 improved building pads/create average buffer. 2. Preserving existing home and pool. 50 -foot wide roads with rural ditch. Goodrum indicated they are comfortable with the road being either public or private and that they are not looking for a lot of flexibility under the RPUD. Goodrum stated this parcel is similar to other RPUD areas within the City and is located within MUSA and the Rural Area but with smaller lots. The development also complements the Sugar Woods development, uses conservation principals, rural density within the site, utilizes existing urban services, and improves runoff and water runoff. Andy Nelson, Westwood Professional Services, stated the goals of the stormwater plan are to meet the requirements of the Minnehaha Creek Watershed District, runoff rate control, runoff volume control, and treatment of runoff. In order to accomplish those goals, a conservation stormwater design was created to exceed the goals of the MCWD. The tools used were a stormwater pond with irrigation reuse, sand iron filtration bench, rain gardens and pervious paver driveways. The stormwater pond will be a large basin that provides stormwater control and treatment, an amenity for neighborhood, and to provide water for reuse in sprinkling. The sand iron filtration bench provides additional phosphorus removal in addition to the wet ponds. The rain gardens will provide runoff treatment and serve as an amenity to the neighborhood. The pervious pavers will provide runoff treatment and volume control by allowing it to infiltrate into the driveway and ground. A layout of the pond and the different elements of the stormwater design were displayed. Nelson stated with their plan they are able to exceed the goals of the MCWD and will reduce phosphorus by 87 percent over existing conditions and 25 percent over required MCWD design. Examples of single-family home styles proposed for the development were displayed. Page 14 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. Goodrum stated due to the different size lots, they can have different style homes. Property owners c would have three different types of homes to choose from. Goodrum indicated they are creating a neighborhood within a single property. Goodrum stated in conclusion, this is a very large lot that allows transition of housing type, maintains rural density, provides for phosphorus reduction with their stormwater plan, improves and enhances existing environmental features, maintains the character along Long Lake, maintains the character along Brown Road, is similar to existing rural neighborhoods, and utilizes existing sewer/water services. Goodrum stated the rural designation with sewer would provide a reasonable use for this type of development and use of the RPUD. Schoenzeit asked what type of research the applicants have done to determine the type of demand for this product and the number of units. Goodrum stated they have talked with a number of developers and in their view this is a doable project. Rose Lorsung, Recreate Real Estate, stated she does quite a bit of business in the west metro area and is the real estate agent for this project. Lorsung indicated they have a number of very Orono friendly custom builders that are excited about the site given the uniqueness of the site, the many natural amenities, the close proximity to businesses and the highway. Lorsung stated they are very excited to make sure this is a high-end development by requiring covenants as well as incorporating future architectural requirements to preserve the values of all the lots. Lorsung stated the development will be something that Orono can be very proud of. Thiesse asked if Staff has any concerns about the access not lining up with Sugar Woods. Gaffron indicated Staff has not reviewed that at this point. Lemke asked if Sugar Woods has a private road. Gaffron indicated it is a private road with approximately one -acre lots. Page 15 of 35 NIINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. 1110Olson asked how these lots are better than 2 -acre lots with regards to stormwater control. :. �, r�s Goodrum stated by using the pervious pavers, they are capturing the water and directing it back into the pond rather than into the lake. Goodrum stated everything they are proposing prevents stormwater from entering the lake. The rain gardens will also capture the runoff. Goodrum indicated they are incorporating five or six different techniques that will improve the runoff by 85 percent versus the 25 percent required by the Minnehaha Creek Watershed District. Nelson stated typically only one or two of these stormwater techniques are used on a 2 -acre lot and that they are utilizing four or five of them to exceed the requirements. Lemke asked what percentage of the rain water will be contained on the property. Nelson stated they are required to contain the 1-, 10-, and 100 -year storm events. Nelson stated they will be well below the existing conditions that come off the site currently. Thiesse asked if there is a concern about the small wetland near the proposed road and whether it has to be mitigated. Goodrum stated that wetland is considered incidental and current laws allow it to be removed. Schwingler asked what the impact would be of removing the wetland. Goodrum stated it would be mitigated through the stormwater plan they are proposing and that whatever improvement the wetland is doing will be compensated by their stormwater plan. Rose Lorsung stated Mr. Ullom, the wetland delineator, was not able to attend this evening. Mr. Ullom has submitted an application to the MCWD for the delineation and a full restoration plan. Lorsung commented this is a huge opportunity to improve the wetlands on the north abutting the creek. Currently the wetland is highly degraded. Lorsung stated when the small incidental wetland on the south side of the Page 16 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. property is removed, they will actually be doing some restoration work to the wetlands along the creek but also the wetland in the middle of the site. Lorsung stated when they met with the Watershed District onsite, it was obvious there was a lot of opportunity for improvement. Lorsung indicated they will also have a tree preservation plan, perform wetland restoration and management class enhancement. Lorsung stated the goal will be to get all the wetlands enhanced and that what they are proposing is a stormwater plan that is called a low impact plan. The goal of the plan is to treat the water where it lands instead of creating stormwater ponds everywhere and then utilize native plants to help absorb the water. Thiesse asked whether they have had luck with the pervious pavers after a few years. Nelson stated it depends on how much sand is placed under the pavers. Nelson stated if it is designed right, it will last a number of years. Lemke asked whether the project would still be economically feasible if they go with a lower density. Goodrum stated they are not able to financially create a two -acre subdivision and that in order to make it a doable project, they require the RPUD, but that they could perhaps eliminate a couple of the lots. Lorsung stated one of the obvious benefits of the property is that it can be rezoned to an RPUD. Lorsung noted RPUDs act as a zoning district in Orono with very specific setback requirements and that they could massage some of the lot lines. Lorsung stated they wanted to present a plan that meets code and that they are open to those conversations subject to not losing any lots. Lorsung stated in their view this is the right number of lots. Lorsung noted the entire site could support 40 lots but that they do not want that many and that they feel 25 is highly reasonable. Leskinen stated in her view it is a nice looking development for the location. Leskinen stated in looking at the aerial photos of the parcel and the surrounding areas, the development appears to fit in there nicely and that she does not have any huge concerns with the density. Leskinen stated the site transitions well and the applicant has put a lot of thought into their proposal. Leskinen stated she also likes the stormwater management and that overall the plan is promising. Page 17 of 35 MINUTES OF THE ORONO PLANNING CONDHSSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. Thiesse stated he agrees that a lot of thought has gone into the development but that he is not completely sure on the density. Schwingler commented he is also struggling with the density and the impact of the development on the lake given its current situation. Schwingler stated he likes the stormwater designs but that he struggles with the density Lemke stated he also feels the same way about the density and that it seems to be an abrupt change from what is on the other side of the road. Lemke noted right across the street is extremely low density. Lemke stated he understands the applicants are trying to echo what is on the other side of the road but that in his view it is too jammed in there. Goodrum stated they shared the same concern but that they are not just looking at Sugar Woods. Goodrum stated as someone comes out the driveway, they will see a three-story senior apartment building, and then next to that are the townhomes and then Long Lake after that. Goodrum stated in their view they blend in with Sugar Woods and the other areas. Olson asked whether any traffic impact studies have been done. Goodrum indicated they have not done a full-blown traffic study. Goodrum noted Westwood Engineering has traffic engineers on staff and they do not believe there will any significant impacts. Goodrum stated they can look into it further. Thiesse stated he questioned what the right density was for the property and that he arbitrarily eliminated four lots but that it really did not change the character of the property since there will still be the road and the cul-de-sac. Thiesse stated he is leaning more towards liking it than disliking it at this time. Thiesse asked about private versus public road. Schoenzeit stated the road should be made to public road standards. Page 1$ of 35 MINUTES OF THE ORONO PLANWING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. Lemke asked why Staff prefers public if Sugar Woods is private. Gaffron stated part of that relates to the proposed density and that Staff considers this to be an urban density project. Gaffron stated in two -acre and five -acre developments, the City has almost exclusively gone with private roads. Gaffron stated it is a departure from the characteristics of Orono's rural density and that he would suggest it be a public road. Thiesse stated he dislikes giving recommendations without knowledge of what the neighbors think. Thiesse asked whether any of the neighbors have been approached regarding the project. Lorsung stated they are fine with public roads but they would like to maintain the 50 -foot right-of-way rather than paving it. Lorsung stated in terms of density, Sugar Woods has 30 acres with 25 lots and they have 27 acres with 25 lots. Lorsung stated when you look at the average density for both sites, they are about the same. Lorsung stated the Larsons and Mabusths are very well connected to the community and that part of the reason why there are two acre lots being proposed for around the perimeter of the site is to be sensitive to the neighbors. Lorsung indicated the property owners wanted to ensure there is enough buffer between the neighbors and the development but that they did not approach any neighbors specifically since this is still at the sketch plan stage. Chair Thiesse asked for public comment at 7:44 p.m. Paul Muldoon, 1801 West Farm Road, stated the devil is in the details and that he has had three days to review it. Muldoon read the following statement into the record: "My wife and I reside in the Orono community. Our home is located in the West Farm Road subdivision, which is immediately adjacent to the applicant's property. Page 19 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. We understand that this is a preliminary hearing intended to solicit both neighborhood and community feedback on the applicant's proposal. We have read the applicant's proposal and reviewed the commission's preliminary review. Tonight's forum is time limited and does not permit our full commentary on the Commission's six items under consideration. Instead we will limit our remarks to Items 1-3, which are the baseline rezoning and variance requests. We respectfully request that these remarks be entered into the record. A written copy will be provided. Let me begin by saying that we are interested in the applicant being able to develop their site in accordance with the applicable, existing ordinances and zoning as they stand today and have stood consistently since the applicant purchased this property in the year 2000. These historical ordinances are both old and new, in the sense that they were in place before applicant's arrival and affirmed by the community for decades. They were adopted formally as The Community Management Plan in 1980, and have been reaffirmed via our current 2010-2030 Comprehensive Plan as recently as 9/1312010. By our understanding of the Planning Commission's minutes, under current zoning, the applicant would be entitled to develop up to 10 residential parcels and be able to build on all land other than that currently designated as protected wetlands. The permitted scale of a 10 -unit single-family development with 2 -acre lot minimums, is common, profitable and fits our community's existing, stated land use and buildable area restrictions. We support the applicant's rights to this level of development. Importantly, it is compatible and consistent with the Planning Commission's past decision making, practice and preservation philosophy. The applicant's proposal is to rezone their specific plot to an RPUD, with, in many cases, lot sizes less than 25 percent of the minimum required standard, and setbacks over 25 percent shorter than minimum required standards. Page 20 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MTEETING Monday, September 19, 2016 6:30 o'clock p.m. This request has no compelling justification by the owner and goes against the general welfare of the applicant's other residential neighbors. It greatly threatens to impair the purposes and intent of our ordinances that are specifically drafted to preserve the essential and irreplaceable character of our community's wetlands, and as importantly, the overall health and water quality of Long Lake, which should be noted is already under great stress. It is clear to us residents that the proposal for urban zoning in a historically designated wetland area will clearly adversely impact the environment, the immediate neighborhood, as well as the broader Orono community, which relies heavily on the stability and consistency of the Planning Commission's enforcement of current preservation regulations. It is well established that building area standards that are significantly less restrictive than those otherwise commonly present in an area threaten the essential character of that neighborhood. In addition, relaxing land use standards on wetland areas through selective variances can threaten the long-term viability of all community wetlands through precedent. We, along with many of our neighbors here tonight, believe the applicant's request for rezoning and variances is a threat to the essential character of our neighborhood and community. Many of us have selected to live in our neighborhood based on its low density character. We abide by the current regulations and expect our neighbors to do the same. We see no compelling reason as to why these neighbors should be granted an exception to do otherwise, especially when it is a privilege to them and a detrimental impact to us and the environment, especially including the water quality of the lake. The applicant will incur no hardship in development within the existing zoning rules and allowing us to continue to enjoy the neighborhood in its current character. The same cannot be said to be true otherwise. The applicant bought this parcel with full knowledge and understanding of its development limitations. There is no hardship associated with having them abide by current regulations. Page 21 of 35 M NUTES OF THE ORONO PLANNING COMH[SSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. We view the rezoning application as an attempt to obtain special privilege and maximize profits on their land sale. The only thing clear about their intent is increasing the zoning density to make it more attractive and valuable to a third party buyer. In our opinion, any commentary on the applicant's sketch plan appears premature, as site layout, configuration, and building character can change dramatically depending on the end beneficiary of this request. The only thing certain, however, is the new owner's ability to demand future variances, based on their purchase of a site that, by description, allows density far in excess of this application. In closing, I will say that my family and many of the immediate neighbors are in very strong opposition to this proposal. It is unjustified. It will negatively impact the rural nature of our neighborhood. It will harm the environment and the water quality of Long Lake. It presents density and building standards far less desirable than that in place both within our neighborhood and similar zoned wetland areas in the broader Orono community. For us residents, this sketch plan is much more than a simple departure from the consistent protective zoning that has been in place for several decades. Thank you for the time in listening to these remarks." Muldoon stated at another time he will specifically address each of the opinions and representations made previously since in his view there are significant factual misstatements. Tim Adams, 1810 West Farm Road, stated he has resided in Orono for 47 years. Adams indicated he served on the Planning Commission and the City Council for seven years from 1979 to 1986 and was the developer of the Farm at Long Lake. Adams noted he only had 24 hours to review the material and that he will say that Staff has progressed tremendously in terms of the quality of the material presented to the Planning Commission. Page 22 of 35 MINUTES OF THE ORONO PLANNING COM3HSSION MEEETING Monday, September 19, 2016 1) 6:30 o'clock p.m. Adams commented he was amazed to see Jeanne Mabusth, who would fight for ten feet of hardcover ' reduction, on the application. Adams stated he was also surprised to see Mike Gaf fron's name since he championed Orono's septic system program which made it possible to keep high density from Orono. Adams noted that has been the City's goal the entire time he has lived in. Adams stated maybe some of the new technology can overcome the hardcover issue, but if it doesn't, Long Lake suffers. Adams stated he also remembers the discussions surrounding the Sugar Woods development and the City's concerns about the trees. At that time the City Council went out and marked all the trees that would remain. Adams stated a person will find very few of those trees still there. Adams stated the problem with runoff and hardcover, if the technology does not work, the lake is ruined and it will be hard to recover. Adams stated he is concerned about the density issue, the hardcover, and the threat to Long Lake. Adams stated if the Planning Commission recommends some restrictions, he hopes they are enforceable and realistic and based on sound engineering practices. Adams noted Orono has always been tough on restrictions. Adams stated with the Farm at Long Lake they had 550 feet of lakeshore and the requirement in the zoning book said 200 feet for lake access. Adams stated they were only allowed two accesses because they did not have 600 feet. Adams stated the Planning Commission should not be fearful of being tough when it comes to something that is significant. Ted Schultz, 744 Brown Road North, stated he has resided here since 1992. Schultz stated it has been exactly three hours and five minutes since he first heard about this project and that he is concerned about the lack of transparency. Schultz stated he recognizes that the owners have a right to develop the property but that in his view it needs to be done with a certain amount of planning so it meets the objectives of the City. Schultz stated he would like to see more transparency in this process. Thiesse noted this is a sketch plan review and that there is no formal application at this time. Thiesse indicated the matter will be corning back at some point and there will be a public hearing at that time. Page 23 of 35 u i i►l M � _y_ �_ ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. Schultz stated a lot of thought has gone into this project and he does not understand how some people can hear about it but yet he has the longest property line immediately adjacent to it but only just heard about it. Schultz stated he and Mr. Hutter will be impacted the most by this development. William Dunlap stated he has resided in this area since 1981 and has been very involved with the water quality of the lake in lime with the vision of the Council and the Planning Commission. Dunlap commented he respects the quality of the presentation but that the notice was very short to the neighbors around the lake. Dunlap indicated there are 50 property owners around the lake that are in the process of forming a lake association and that only four of them were made aware of it. Dunlap stated he is very concerned about the wetland. Dunlap asked who will have the final decision making authority over the wetlands and what is approved and not approved. Dunlap asked what role the Planning Commission and the City Council have in the final determination in a project like this. Gaffron stated there are multiple agencies that have jurisdiction in this matter. Gaffron indicated the Minnehaha Creek Watershed District is the Local Government Unit in charge of administering the Wetland Conservation Act ordinances and will be involved in wetland restoration or mitigation. Gaffron stated in some developments a technical evaluation panel involving agencies like the DNR and the Board of Water and Soil Resources will be utilized but that the Minnehaha Creek Watershed District will have the major oversight. Gaffron noted there will be a considerable amount of review of a project like this. Dunlap asked if the Watershed District has been involved at all at this point. Gaffron indicated the developers have had a professional person delineate the boundaries of the wetland which has been submitted to the MCWD. Those boundaries will need to be agreed to by the MCWD. Gaffron stated he would like everyone to understand that this is a sketch plan review and that the public is not specifically notified. Gaffron stated this is a chance for the developer to speak with the Planning Commission and then the City Council. Gaffron noted the code does not direct Staff to provide notice for a sketch plan. Gaffron stated he appreciates the fact the neighbors are here since it gives the developer an idea of what the neighbors think about the proposal. Page 24 of 35 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. Schwingler stated since it was not a public hearing, there are no transparency issues, but that going407 as forward he would encourage the developer to communicate with the neighbors. Schoenzeit stated in general the Commission has heard a lot of comments about notification and that it might be government speak that this is not considered a public hearing. Schoenzeit stated it looks like a public hearing since everyone is here talking about it and that notification might be a good topic for a work session. Schoenzeit stated he heard from the residents that the next revision needs to incorporate the feedback of the Planning Commission and the neighbors. Lemke stated in his view the developer has addressed the water quality and runoff in a good way but that he has concerns about the proposed density. Lemke recommended the developer discuss the project with the neighborhood. Lemke noted the City had a situation concerning the Lakeview Golf Course where initially there was quite a bit of concern expressed from the neighborhood but by the end of the project everyone was on board. The Planning Commission took no formal action on this item. (A recess was taken from 8:10 p.m. to 8:16 p.m.) 8. #16-3863 STEVE BOHL ON BEHALF OF NORTHSHORE MARINA, 3222 NORTH SHORE DRIVE, SKETCH PLAN, 8:16 P.M. — 8:58 P.M. Steve Bohl, Developer, and Kathy Alexander, Architect, were present. Gaffron stated this is a sketch plan for a 29 -unit residential development. The units will consist of seven single-family villas and 22 units within a 3 -story condominium type building. The property is served by municipal sewer and water. Access will be from Kelley Parkway. The proposed plan would require rezoning and an amendment of the Comprehensive Plan, converting the property from commercial use to residential use. Development of the property also requires re -platting. Page 26 of 35 Council NOTICE OF PLANNING COMMISSION ACTION Exhibit D CITY OF ORONO 2750 Kelley Parkway ZONING FILE: #16-3855 PO Box 66 Crystal Bay, MN 55323 952.249.4620 DATE : NOTICEE: September 23, 2016 TO: Eric & Andrea Larson 690 Brown Road North Long Lake, MN 55356 ei larson@msn.com sandrealarson@aol.com Scott & Jeanne Mabusth 740 Brown Road North Long Lake, MN55356 TYPE OF REQUEST: Sketch Plan Review DATE OF MEETING: September 19, 2016 COPIES: Rose Lorsung Pulse Land Group, Inc. P.O. Box 964 Wayzata, MN 55391 rose 9 recreate] uxury homes. corn Tom Goodrum Westwood Professional Services, Inc. 7699 Anagram Drive Eden Prairie, MN 55344 Tom.Goodrurn@westwoodps.com The Orono Planning Commission reviewed and commented on the proposed sketch plan. No vote was taken. Draft minutes of the Planning Commission meeting are enclosed for your reference. The draft minutes include the verbatim comments of Mr. Muldoon as read into the record. Additionally attached is a comment letter received from the property owners at 1305 County Road 6. Applicant's next meetine is scheduled as a Sketch Plan Review by the City Council on Monday, October 10, 2016. 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 Senior Planner, Mike Gaffron at mooffron@ci.orono.mn.us or 952.249.4622. Date: October 5, 2016 Re: Traffic Review — Orono Residential Westwood Project 4R0009154.00 To: Tom Goodrum, Westwood From: Steve Hanhart, P.E. PTOE, PTP You have requested that the Traffic group look at the traffic impact of a proposed 25 - lot residential development in Orono, Minnesota. The development is proposed north of Wayzata Boulevard on the east side of Brown Road North. The Institute of Transportation Engineers' Trip Generation Manual, Ninth Edition provides rates and equations to estimate the trip generation potential for various land uses, based on national studies.' Table 1 shows the calculation of total weekday and peak hour trips that are projected to enter and exit the Orono residential development. Table 1— Trip Generation Estimate rrE peak I PM Peak I Type (Land Use I Code I Size Enter I Exit EnterI Exit I Enter I Exit Residential 15inale Family Housing 1 210 1 25 units 1 1471 1471 71 20 1 191 11 71 201 191 11 27 1 30 (Source: ITE Trip Generation Manual, Ninth Edition) According to the most current MnDOT Traffic Volume Map, Brown Road North in this area records a daily traffic volume of 2,000 vehlday. It is assumed that most of the traffic would be attracted to and from Wayzata Boulevard and Trunk Highway 12 to the south of the development. Therefore, it is estimated that 80 percent of the trips generated by the development will flow to and from the south, and 20 percent will flow to and from the north along Brown Road. Further, based on the layout of the proposed development, the intersection of Street A and Brown Road North will serve sixty percent of the development traffic, and the intersection of Street B and Brown Road North will serve the remaining forty percent of the development traffic. Trip Generation Manual. Ninth Edition, Institute of Transportation Engineers, Washington, DC, 2012. Multi -Disciplined Surveying & Engineering TBPLS Fhm No. 10074302 westwoodps.corn 7699 Anagram Drive Eden Prairie, MN 55344 Westwood Main (952) 937-5150 Fax (952) 937-5622 westwoodps.com Council Exhibit E MEMORANDUM Date: October 5, 2016 Re: Traffic Review — Orono Residential Westwood Project 4R0009154.00 To: Tom Goodrum, Westwood From: Steve Hanhart, P.E. PTOE, PTP You have requested that the Traffic group look at the traffic impact of a proposed 25 - lot residential development in Orono, Minnesota. The development is proposed north of Wayzata Boulevard on the east side of Brown Road North. The Institute of Transportation Engineers' Trip Generation Manual, Ninth Edition provides rates and equations to estimate the trip generation potential for various land uses, based on national studies.' Table 1 shows the calculation of total weekday and peak hour trips that are projected to enter and exit the Orono residential development. Table 1— Trip Generation Estimate rrE peak I PM Peak I Type (Land Use I Code I Size Enter I Exit EnterI Exit I Enter I Exit Residential 15inale Family Housing 1 210 1 25 units 1 1471 1471 71 20 1 191 11 71 201 191 11 27 1 30 (Source: ITE Trip Generation Manual, Ninth Edition) According to the most current MnDOT Traffic Volume Map, Brown Road North in this area records a daily traffic volume of 2,000 vehlday. It is assumed that most of the traffic would be attracted to and from Wayzata Boulevard and Trunk Highway 12 to the south of the development. Therefore, it is estimated that 80 percent of the trips generated by the development will flow to and from the south, and 20 percent will flow to and from the north along Brown Road. Further, based on the layout of the proposed development, the intersection of Street A and Brown Road North will serve sixty percent of the development traffic, and the intersection of Street B and Brown Road North will serve the remaining forty percent of the development traffic. Trip Generation Manual. Ninth Edition, Institute of Transportation Engineers, Washington, DC, 2012. Multi -Disciplined Surveying & Engineering TBPLS Fhm No. 10074302 westwoodps.corn October 5, 2016 Page 2 Traffic engineers measure the impact of a development during the periods of peak traffic congestion — typically the hour of heaviest weekday morning traffic between 7:00 and 9:00 a.m. (a.k.a., "a.m. peak hour"), and the hour of heaviest weekday afternoon traffic between 4:00 and 6:00 p.m. (a.k.a., "p.m. peak hour"). Therefore, the traffic volume distribution for this development has been projected for the a.m. and p.m. peak hours, as follows: A.M. PEAK HOUR P.M. PEAK HOUR This level of trip generation is quite low (especially when spread over an entire hour) and will have a negligible impact on existing traffic. '_Note, these are development generated trips only, and do not reflect existing background traffic along Brown Road North. In conclusion, the trip generation projections above show negligible impacts onto the local street system during typical a.m. and p.m. peak hours. Further, it is our professional opinion that traffic to or from the development will not necessitate additional mitigation or improvement, such as turn lanes at Streets A or B, or signal modification at Wayzata Boulevard or Trunk Highway 12. t t L+ r Street B Street B T r► Y r z i V o� v e e 3 p3 m e3 T- t 1 L4 r L-1 r Street A Street A T r► t r► This level of trip generation is quite low (especially when spread over an entire hour) and will have a negligible impact on existing traffic. '_Note, these are development generated trips only, and do not reflect existing background traffic along Brown Road North. In conclusion, the trip generation projections above show negligible impacts onto the local street system during typical a.m. and p.m. peak hours. Further, it is our professional opinion that traffic to or from the development will not necessitate additional mitigation or improvement, such as turn lanes at Streets A or B, or signal modification at Wayzata Boulevard or Trunk Highway 12. Date Application Received: 7120116 Date Application Considered as Complete: 7120116 60 -Day Review Period Expires: NA To: Chair Thiesse and Planning Commission Members From: Mike Gaffron, Senior Planner Date: September 14, 2016 Subject: 416-3855, Eric & Andrea Larson, 690 Brown Road North Scott & Jeanne Mabusth, 740 Brown Road North - Sketch Plan Review Zoning District: LR-lA, One Family Lakeshore Residential District (2 acres/200' width) Property Area: 27 acres total (20.9 ac. dry buildable reported by applicant, excl. wetland and buffers) (23.8 ac. dry buildable - staff calc. excl. just wetland) Application Summary: This is a sketch plan for a 27 -acre property comprised of 2 tax parcels, proposed to be developed into 25 single-family residential lots ranging in size from 15,000 s.f to just over 2 acres (gross including wetland). All lots are proposed to be served by municipal sewer and water and an internal road system. The proposed plan would require rezoning and an amendment of the comprehensive plan, as the properties are within Orono's defined Rural Area in which the minimum lot size for new development is two dry buildable acres. Staff Recommendation: While no formal 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 Preliminary Plat application. List of Exhibits Exhibit A. Application Exhibit B. Applicants' Cover Letter / Narrative Exhibit C. Applicants' Submitted Exhibits: a. Letter from the Larson b. Sketch Plan c. Existing Conditions and Development Constraints d. Zoning Map e. Sugar Woods vs Sketch Plan Density Illustration f. MUSA Map g. Comprehensive Plan Existing Land Use Map h. Comprehensive Plan Proposed Land Use Map i. Wetland Location, Mitigation and Restoration Map j. Sanitary Sewer Map k. City Water Map 1. Survey (wetland in review by MCWD) in. Stormwater Management Concept Plan Exhibit D. Historical and Current Airphotos Exhibit E. Comp Plan Map 3B-1— Defined Urban and Rural Areas Exhibit F. Comprehensive Plan Excerpts Exhibit G. Staff Sketch Shoreland Overlay District and 250' RPUD Prohibited Areas Council Exhibit F 16-3855 September 14, 2016 Page 2 of 10 Background The property under review includes two tax parcels on the east side of Brown Road North, directly across from Sugar Woods, and includes lakeshore on Long Lake. The property is zoned LR-lA, One Family Lakeshore Residential, requiring a minimum lot size of 2.0 dry buildable acres and 200' lot width. The property has been zoned for 2 -acre lots since 1967, and is guided in the Orono Community Management Plan (CMP) for Low Density Residential Use (0.5-2.0 units per acre). The property has been located within the Metropolitan Urban Service Area (MUSA) since 2000, when much of the remaining non-sewered shoreland in Orono was incorporated into the MUSA to allow existing and future lakeshore properties to be connected to sewer to protect the areas lakes. The property is within Orono's defined Rural Area (see Map 3B-1) in which the minimum lot size for new development is two dry buildable acres. Review Parameters The proposed development is clearly a departure from the historic zoning of this site for 2 -acre single family rural residential 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 zoning and Comprehensive Plan guiding, and allow higher density development? 2. If so, what are appropriate standards for such a development? While the applicants' submittals contain much information about the development they propose, staff would note that there are a few minor inaccuracies in the technical details as presented, and certain assumptions or assertions made in the applicants' narrative may not accurately represent the intent or letter of the Zoning Code and Comprehensive Plan. Regardless, Planning Commission's primary focus should be on whether the proposed type and density of development is appropriate for this specific property. Conformity with the Orono 2030 Community Management Plan Update The proposed 25 -lot subdivision on 20.9 acres (per Met Council calculation method excluding wetlands and wetland buffers) would result in a final net development density of 1.2 units per acre. While this is within the guided Low Density Residential range of 0.5-2.0 units per acre (112 -acre to 2 -acre lots), it does not match the current and historic zoning of the site for 2 -acre minimum lot sizes (0.5 units per acre). Also, the property has historically been within the Defined Rural Area of the City (CMP Map 3B-1) in which new development is expected to occur with lot sizes of 2 to 5 acres. Whether the City desires that this property be developed at the high end of the guided density range rather than the zoned density is a critical point of discussion for Planning Commission and Council to ponder. The current 2 -acre zoning and guiding as Defined Rural Area is consistent within the 0.5-2.0 units per acre range that is shown on the Land Use Plan Map. There is no edict that the City has to allow development at every level within the specified density range. Except for the fact that Met Council would not accept a Land Use Plan that does not specify density ranges for sewered areas, Orono would not have defined ranges of allowed density. The City did so because Met Council insisted that they need to have continuous ranges to determine compliance with their density requirements. The irony is that Met Council calculates density capacity based on the lowest density within each range. For the Low Density Residential range, they calculate capacity 16-3&55 September 14, 2016 Page 3 of 10 based on the 0.5 units per acre (i.e. 2 -acre lots) knowing that it is not a `given' that cities will allow the higher density in those areas. The fact that the Low Density Residential range extends up to 2 units per acre does not mean that a developer will be allowed to develop at the this denser end of the range. Within the areas of Orono included in the Low Density Residential land use category and within the defined Rural Area are two zoning districts, LR-lA and RR -1B. Each contains historically - developed neighborhoods with densities in the range of 2 units per acre. It was and is the City's intent to preserve these historic neighborhoods within a rural setting. Preservation of that character has been accomplished to date by not rezoning or re -guiding to more closely match the existing lot sizes, because that would potentially allow for infill development which would change the character of the neighborhood. The Low Density Residential guiding for 0.5-2.0 units per acre accommodates this existing development, but does not force the City to allow new development at the higher density end of the range. It has not been the City's intent to begin creating new pockets of higher density within the defined Rural Area. The City has no obligation to provide every developer the `highest and best use' of a property. Comparison to Sugar Woods. The application materials suggest that the overall proposed development is similar in density to Sugar Woods, which is directly to the west across Brown Road. When comparing apples to apples, we would not exclude the wetland buffers from the density calculation. Noting that Sugar Woods had no wetlands and therefore no wetland buffers, the comparison is as follows: Sugar Woods: 25 lots on 32.1 dry buildable acres = 0.78 units/acre 690-740 Brown Road N.: 25 lots on 23.8 dry buildable acres = 1.05 units/acre Sugar Woods was approved for a rezoning from RR -1B 2 -acre minimum to R-lA, 1 -acre minimum in 1988 - four years prior to Orono having a defined Shoreland Ordinance or Shoreland Overlay District. That rezoning was pursuant to the 1988 Highway 12 Corridor Study and Comp Plan Amendment which included that property but not any properties along the east side of Brown Road. The lot sizes in Sugar Woods, which was platted as a Planned Residential Development (PRD) range from 0.71 acres to 1.41 acres and average 0.92 acres. The overall density including 5.78 acres of open space preserved in outlots and including the interior road system, is 0.78 units per acre. It should be noted also that the stormwater pond at the NW quadrant of Brown Road and Wayzata Boulevard was designed and constructed to manage the stormwater runoff from the Sugar Woods neighborhood. Development of 690-740 Brown Road at an overall density greater than 0.5 units per acre in the defined Rural Area that is zoned LR -IA and guided for Low Density Residential would be inconsistent with the current zoning and land use plan. Per Map 3B-1, Sugar Woods is not in the defined Rural Area; 690-740 Brown Road is in the defined Rural Area. The proposed development would require a CMP amendment to reguide from Defined Rural to Defined Urban. Met Council and Density. There are two pertinent density -related factors with regard to the Metropolitan Council's policies and expectations that will impact this proposed development: 1) Met Council's metro -wide expectation (read this as a directive) that new sewered development will be at a density of at least 3.0 units per acre; and 2) in approving Orono's 2008-2030 CMP, Met Council took into account that Orono guided specific carefully -selected 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 16-3855 September 14, 2016 Page 4 of 10 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 immediate future is that in recent months two of those properties guided for higher density development have been reguide d 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 with density less than 3.0 units per acre and involving connection to or extension of the sewer system, will not be approved by Met Council. Non -approval means that they will not allow MPCA to issue permits for those sewer extensions. The City Council is currently in the process of reviewing this issue. One application for reguiding a property in Navarre for higher density has been approved by the City Council and is pending Met Council approval. It is anticipated that action to reguide additional properties for higher density will be forthcoming in the near future. It is clear that the applicants' proposed subdivision overall will not meet the 3.0 units per acre threshold. Even if this was to be considered as two distinct subdivisions as the applicants have suggested (i.e. an RPUD element and a 2 -acre subdivision element), neither would meet the 3 units per acre threshold. Therefore until the City re-establishes the density buffer, severed development at densities less than 3 units per acre is at a temporary standstill. Conformity with Zoning District Lot Requirements The property is currently zoned LR -1A, Lakeshore Residential District, which allows for single family residential uses with a minimum lot size of 2 dry buildable acres. Under the current zoning, the property could likely be developed with no more than 8-10 total lots. Development of the property with lot sizes less than 2 acres in area requires a rezoning. Additionally, the portions of the property within 1000 feet of the OHWL of Long Lake and within 300 feet of Dickeys Lake Creek are within the Shoreland Overlay District. Approximately 23 acres of the 27 -acre site are within the Shoreland Overlay District. The applicants' narrative suggests that the portion of the property in the "Shoreland Overlay Zone" would remain LR -1A, and the property outside the "Shoreland Overlay Zone" would be rezoned to RPUD. However, it appears that what the applicants really mean by the "Shoreland Overlay Zone" is the portion of the property that is less than 250 feet from the OHWL where RPUD rezoning is not allowed. Neither the Shoreland Overlay District nor the 250' `RPL'D prohibited' zone are accurately depicted on the sketch plan submitted. See staff sketch, Exhibit G. Excerpt from 78-626(1): "No property located within 250 feet of the ordinary high water level ( of a protected lake or tributary as defined in article DC 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 he rezoned to RPUD at the discretion of the city council when all other requirements are met." In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8). Section 78-626(16) provides for flexibility in RPUD standards. The application narrative suggests that minimum lot standards for the RPUD portion of the development will be met; a cursory review of the 18 lots that are smaller than 2 acres confirms that minimal if any flexibility would be required. 16-3855 September 14, 2016 Page 5 of 10 Applicants propose that 7 of the 25 lots, i.e. those abutting Long Lake or the Creek, be developed under LR -IA 2 -acre zoning standards. The Zoning Code requires that lot acreage in the 2 -acre zones be contiguous dry -buildable. The definition of "lot area, minimum" specifically addresses the categories of "rural zones not served by sanitary sewer" (requiring two acres of contiguous dry buildable land) and "urban areas served by sanitary sewer" (requiring no more than 112 acre of contiguous dry buildable land) but does not address the category of properties that are rural zones served by sgWLaa sewer. Under the LR -1A standards, each lot must contain two contiguous acres exclusive of wetlands. The acreages reported on the sketch plan for Lots 1-6 and Lot 25 appear to include wetlands and non-contiguous acreage. Each of these 7 lots appears to be lacking in dry buildable acreage, dry buildable contiguity, or both. The definition of Lot Area, Minimum appears below. Lot area, minimums, means minimum area required for each proposed lot as prescribed in chapter 78. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water or areas at or below the floodplain elevation for a specific property. All rural lots must comply with chapter 58, article II. In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half -acre, whichever is less (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water j mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), I and have legal access to the building site without encroachment of a wetland or floodplain area. In discussions with the applicants' former attorney, he argued that absent any mention of standards for rural zones served by sewer, the requirement for dry buildable contiguity does not apply. To take that one step further, we assume he concludes that the only portion of the definition of "Lot area, minimum" that does apply to the Larson property is the first sentence: "Lot area, minimum, means minimum area required for each proposed lot as prescribed in Chapter 78". The current definition of "lot area, minimum" is virtually unchanged from when it was adopted in 1984. At that time, per the 1980 Community Management Plan, the boundary between the defined Urban and Rural Areas was established as being consistent with the MUSA line, and the MUSA incorporated the higher -density zones (112 -acre and 1 -acre minimums) plus a few existing rural -zone higher -density housing clusters retrofitted with sewer. During the 1980s and 1990s many such "rural clusters" were retrofitted with sewer, but none were rezoned to an urban - density zoning. As retrofitting of existing neighborhoods progressed, sewer lines necessarily passed properties that were further subdividable. It was a conscious decision when the City brought much of the unsewered Rural Area Shoreland into the MUSA in 2000 to not rezone subdividable properties for higher densities. The City's goal was and is to protect the City's lakes by providing municipal sewer within the Shoreland, by maintaining the low densities that have been in place for decades, and by preserving wetlands and floodplain areas. Did the City fathers intend that the defined Rural Areas should be subjected to urban zoning and urban development standards once sewer was provided? Staff thinks not, given that the City has not rezoned to urban density any of the "rural clusters" that were retrofitted with sewer over the past three decades. However, if one assumes that the only reason to have a 2 -acre "contiguous dry buildable" requirement was to accommodate septic systems near the homes they serve, perhaps the opposite conclusion has some validity. This assumption is untested. Staffs default 16-3855 September 14, 2016 Rage 6 of 10 position based on past City actions is that the LR-lA lots must contain at least 2.0 contiguous acres of dry -buildable land. Relationship to Surrounding Development The proposed RPUD element of the proposed subdivision would not appear to be similar in character to surrounding development. To the immediate west in Sugar Woods across Brown Road, the average lot size is 0.92 acres; the average lot size of the 17 small RPUD lots proposed by the applicants is 0.39 acre. To the immediate south of the property is a single-family residence on a long narrow 2.9 acre lot. Beyond that, in the City of Long Lake are the West Shore Townhomes and the Lake Community Bank. To the southwest is the Orono Woods Senior Housing residence. To the immediate north, across the creek from the proposed LR-lA lots, are single family homes on 2 -acre lots developed in the 1970s. The applicants' narrative suggests that the small RPUD lots create a transition from the higher density development to the south. Whether such a transition is necessary or appropriate at this location is a topic for discussion. General Site Characteristics The site is rolling and wooded, containing large open meadows as well as areas of dense woods, with wetlands along the creek and along the shore of Long Lake. Historical airphotos indicate the property was mostly open fields until the 1960s; the wooded areas have developed over the past half -century. Lot Layout and Lot Standards The proposed layout of the site is dictated by a number of factors, including the lake, the location of the wetlands and creek, topography, and the applicants' desire to establish a range of housing styles and options compatible with the surrounding development. The LR -IA standards for yard requirements are as follows: 50' front and rear - 30' interior side - 50' side street Long Lake is classified as a Recreational Development Lake; setback from the OHWL for sewered structures is 75'. The structure setback from the creek is also 75 feet, although the sketch plan shows it incorrectly at 50 feet. Preliminary plat submittals would have to verify the location of the creek bank and the OHWL of Long Lake, and MCWD confirmation of wetland boundaries is required. Minimum City -required setback from wetland is 35', or if MCWD- required wetland buffer exceeds 25', minimum City -required wetland setback is buffer width plus 10 feet. It would appear that the 75' creek setback will have a major impact on the buildability of Lot 3, and the wetland setback will substantially impact Lot 6 as depicted on the sketch plan. The proposed RPUD lots (Lots 7 through 24) appear to meet the required lot area, width and setback standards as follows: - Lot area: 15,000 s.f. -Lot width: 90 feet - Lot depth: 125 feet - Front setback: 25' Interior side setback: 10' - Exterior/local street setback: 35' Rear: Lesser of 40' or 20% of lot depth 16-3855 September 14, 2016 Page 7 of 10 Conceptual house pads depicted range from 3600 s.f. to 4200 s.f. Of the 5 RPUD lots abutting Brown Road, 3 lots are depicted as having a side setback of 35' to Brown, the other two have a 40'+ rear setback to Brown Road. For comparison, all but two existing homes abutting Brown Road North from Wayzata Boulevard to County Road 6 are set back at least 50 feet from the Brown Road right-of-way. Site Grading At this sketch plan stage no grading plans have been submitted. Road Layout and Standards A question for discussion is whether the road system serving the proposed development should be public or private. The CMP Transportation Plan in Urban Transportation Policies 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. Under the concept plan as proposed, a portion of the site would become urban in character, while a portion would remain rural. This begs the question as to whether the road system serving the entire development should be public or private - an issue for discussion. With the overall density of the proposed development, it would follow that the road system should be public. However, given that recent urban -density developments have been directed by the Council to be served by private roads (i.e. Oliver Hill, and pending Eisinger Meadows) the applicants are prepared for the road system to be private. As proposed, the road system will serve only this development and has no potential to be extended to serve other neighboring properties in the future. At this sketch plan stage, road designs have yet to be established. The City's minimum paved width standard for a private road system serving the number of dwellings proposed is 28% for a public road, the minimum paved width would be 32'. The City's standard for maximum length of a cul-de-sac road is 1000 feet. This standard would be met as a result of the second access to Brown Road. The establishment of two road entrances and the road connection at the center of the site eliminates any cul-de-sac length concerns. However, the easterly cul-de-sac would have to be relocated to be at least 75' from the creek; as depicted, about half of the cul-de-sac would be less than 75' from the creek. In the current plan, curb and gutter would likely be required in order to manage stormwater for some portion of the internal road system. Street design and grading information is required at the time of preliminary plat for City Engineer and Fire Marshal review. Road Improvements and/or Easements Needed Due to the density proposed, staff would conclude and recommend that the roadway system be publicly owned and maintained. However, if the road is deemed to be private, the City will require a Road, Drainage and Utilities Easement over the private road, which should be platted as an outlot and designed and built to City private road standards. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. At the time of preliminary plat review, the City Engineer will determine whether any improvements to Brown Road, such as turn lanes, might be necessary, 16-3855 September 14, 2016 Page 8of10 Parks, Trails, Sidewalks There is an existing trail along the west side of Brown Road. The CMP does not suggest any plans for a future parallel trail on the east side, and all other lands along the east side are fully developed with no trail easements in place. 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 site as designed would appear to have sufficient open space to meet this objective. The applicants have suggested they would place a 10' trail easement along all interior roadways to help meet the 10% goal. Planning Commission should consider what other types of recreation space, if any, would be appropriate within the development. Park Dedication In addition to the RPUD requirement for 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. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 23 new building lots (credit for two existing homes) would be appropriate; the current fee ranges from a minimum of $3,250 to a maximum of $5,550 per lot, for a potential total fee of $74,750 to $127,650. The subdivision proposal should be reviewed by the Park Commission once a preliminary plat application is filed. Stormwater and Drainage Improvements & Yees The applicants are proposing a stormwater management system incorporating a variety of methods including water re -use, pervious pavers, raingardens, ponding and sand -iron filters to result in an improved quality of runoff entering Long Lake. See Exhibit C -m. Ponding areas will require the establishment of easements and the ponding areas will not be creditable as dry buildable area. Stormwater management will be subject to City and MCWD review and approval. RPUD development is subject to a maximum hardcover per lot of 50%. It is anticipated that even the smallest lots will not have any need to exceed this limit. The property will be subject to the Stormwater and Drainage Trunk Fee. Final calculation of the fee should be based on the final lot count and density. If for example the division of zoning results in seven 2 -acre lots at $4,030/acre and eighteen smaller lots averaging 1/3 acre at $7,275/acre (2016 Fee Schedule), the estimated Trunk Fee would be: (14 ac x $4,030/ac plus 6 ac x $7,275/ac) = $56,420 + $43,650 = $100,070. Utility Locations/Availability/Assessments/Connection Fees Municipal gravity sewer and water utility mains are available in Brown Road across from the southwesterly corner of the property, and subject to City Engineer review should have adequate capacity to serve the additional homes proposed. The property has not been previously assessed for sewer and water; the project is outside any established S&W assessment district. Because the developer will be installing sewer and water systems to serve the development at the developer's expense, no additional sewer and water connection charges ("local SAC and WAC") are anticipated as of this writing. Water system looping and capacity for fire protection are some of the factors that need to be addressed by the City Engineer. It is assumed that all utilities will be underground and located within the right-of-ways. 16-3855 September 14, 2016 Page 9 of 10 Wetlands on Site and/or Impacted The property contains 4 areas that have been delineated as wetland; confirmation of the boundaries of those wetlands is pending MCWD review. The smallest of the four is potentially an 'incidental' wetland and likely would be mitigated on site. A linear wetland near the center of the property is a possible candidate for restoration. The two major wetlands, in the NW quadrant of the property and at the lakeshore, would be protected as -is, subject to MCWD buffer requirements and City of Orono conservation and flowage easements. The MCWD would be involved in establishment of any wetland mitigation requirements. The City will require 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. Tree and/or Woodland Impacts Approximately half of the site is wooded, with most of that growth occurring in the past 50 years. A tree survey will be required as part of the conservation design process. Substantial woods along the upland -wetland boundary near the lakeshore is likely to impede views of the lake for Lots 1-2-3 as currently depicted, and staff would expect the owners would be wanting to remove portions of that to gain lake views from new homes. Conservation Design The developer is advised that this subdivision will be subject to the City's Conservation Design Ordinance. The property will be reviewed in terms of the Rural Oasis goals and policies which have been approved by the City Council and are supported within the ordinance. The preliminary plat application should include a complete conservation design analysis of the entire site for review. 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. The property has been zoned and guided for 2 -acre single family development for many decades. The current Land Use Plan guiding for Low Density Residential Use by suggesting a density range of 0.5-2.0 units per acre was established to reflect the various historic densities of development within the defined Rural Area, but was not intended to direct that land historically zoned for 2 -acre lots should be changed to higher densities. The City specifically guided certain carefully -selected properties for higher density in 2010 to meet Met Council goals; this was not one of those properties. Therefore, the proposed development is a significant departure from the historic planned development pattern for this site. Does Planning Commission find compelling reasons to support the proposed higher -density use? 2. If higher density for a portion of the site is deemed to be acceptable, is Planning Commission comfortable with the 15,000-20,000 s.f. lot sizes generally proposed in the RPUD portion of the site? Do these lot sizes provide a reasonable transition between the rural 2 -acre lots to the north and the variety of development types to the west and south? Or should a different RPUD lot size be required? Is such a transition even necessary? 16-3855 September 14, 2016 Page 10 of 10 3. Portions of the property located less than 250 feet from the creek or less than 250 feet from the OHWL of Long Lake are not eligible to be rezoned to RPUD nor are they subject to flexibility in terms of lot standards. Applicants are requesting that these areas be included in the RPUD rezoning in order to allow flexibility due to the physical limitations of the site. Does Planning Commission find any reason to vary from this RPUD prohibition? 4. Due to the number of units to be served; the proposed overall density of development; and the use of municipal sewer and water systems, it could be argued that the road system should be public. Applicants are prepared for the road to be private. Planning Commission should discuss the merits of this being a public or private road. 5. Planning Commission should discuss whether this development should be required to create the RPUD standard 10% private recreation area, and whether the proposed internal trail system would satisfy that requirement. 6. Can Planning Commission identify any other topics that should be addressed regarding this concept plan review? 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 plat and should provide direction to the applicants regarding the plat. Planning Commission should review each topic and identify any issues to which the developer should pay special attention. 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 current zoning and CMP density guidelines for development of the site, this sketch plan will also be presented to the City Council for comment. PC Exhibit A City of Grano Sul bdivis loriAppl !cation - Sir"Mddresa:. s '�• s A cation 0 �" �(� 2780 Keflgy Paricvray Qrono,: PJB3 55358 [sales Remlved: � Numbrar of Tax Parcels; �`...... -- Staff : Main: 852 248-480Q a ; A01cfan Fee: .:7 fax. 5WI-249.406 © Divmfon for Tsar Purposes F r sxo4�° NIaJ n�Addrasa: P.O. 90X 65 Escrow 0&T ;+ Cfv" Bsv_ ALN 55323 -OM cov PROPERTY INFORMATION: S 35I MAL Propeiy ldenttfioatlon Nu.mbsr (P'.N):3 0:3/9-0m c6go} Elate Property Acquired (monthlyear):_0/1"5 ��Eb� 9 Rf�€iar,t E3Torret►s (l�laaae cf�acl� vise) Present use of property. 3(kestderrtlai; number at; Unb �- ❑ Either (specify) Zoning District: Lr_- APPI..IGb' N7 f AGENT INFCtRlt ATION, (Complete Iegs1 names and mraiffat status required for eect; In oMW parfi') Name(s): f'= Phone (primary): Addrew - Email: t ��s PROPERTY OVMER WFQI�f�FI�'no1q: f�. ^F eo c here!' fSr1��r% oymer is waw as a fii�nf (Complete toga[ names and madfat sfatxis required tier oar.F= interacted pet 4l Ar hiamn(R1�F_K8L' "1�f� L��SssD3 �.6iv�d[r�l.�•'lfiN� �,'4 L'� 4413 ��4 8'J CLLd:� _ i� � ' Phone (priWry). i M— isErcc4iks Addresu:� SL�1raL!A% s '�• s � -41 L%"-VWsttrp E)08' LKG LARD USE: � Numbrar of Tax Parcels; �`...... -- Deve[opmer. Size'. a ; .:7 PROPOSED LAND USE: © Divmfon for Tsar Purposes Acres pry Land Acres Viet Land Acres TOTAL, all parcels JaSubdivislon for New Building Sita@ Number of Bu6cVng Sites: Eadsttng grits: � Now Units: Z:3_ Total Units: % 5's Proposed Grass Density (71. 'j --units per..._. I acres Knimum Lot Size: i E r V , I A 6 Square lbet dr+r tnrildabie land Proposed Use (check)"elder tial j le r4--_11 0 other (specify) SubdWian AA*86on — January 2018 Page 3 01 • Agree to provide all informagan required or requestad by the Planning i7eparhmnt o Agree to pay additional fees (staff fame not covered in the original tee payment) and/or consultant expanses €named in review of this application, and • Certify that the infarmatlon supplied is true and correct to the best of 1 <isliter knawledge. The applicant and owner recogrttze that they are solely responsN6 far wibmltting a coMplete atapfiOWarc being aware that upon failure to do so, the sniff has no alternative but to refect it urrd; it Is compieiv or to meornnwnd Me request for dental of fire recxuest regar+dfess of ifs lsvtenUal merit • I he Owner hereby a knov/i6dges and egrees to th€s application and futiter aLdhorizes reasonable entry onto the properfy by City Staff, c reultar its, agents, Commission and Councll Members for purposes of iinveatigatlon and vaditcation of ihls request. • Applicant and -for Cwner scknowiedga tits -y MUSt lac present at all scheduiad review meetings of the PlannMg Commission and Council, if an applicant and/or cww is unable to affend a scheduled meeting, please make arrangements to haus an authorized representativa attend in place of the app€iosnt comer and advise the City Plan -r assigned to yaur project. ._ — Applicant/Agent Signature: Date* Applicani/Agent Signature: • Data; Property Owner Signature: Date: 0 Ql Property Carter Signature: fAIA&aDate; i J oper.{�y ower a �tuYe; f)o? LDL SubdW6f0nApp#ceLbn-Jenuary20 6 Pegs 4 PC Exhibit B Rose A. Lorsung, Owner Pulse Land Group, Inc. ReCREATE Rea! Estate. ILM T (952) 457-7641 F (6121435.4901 P.O. Box 964 Wayzata, MN 55391 puiselandgroup.corn r oc recdo iu xu m h o rne& co m PULSE \ LAND 4 GRD1Pd�s�=� Inc Sketch Plan Submittal Information Technical Information / Site Characteristics Land Owners: Eric and Andrea Larson (690 Brown Road N), and Scott and Jeanne Mabusth (740 Brown Road N) Acreage: Gross Acres 27 (2 PID's), Buildable Acres 20.92 per Met Council net acreage calculations Number of Proposed Lots: 25, see Sketch Plan (Exhibit B) Comprehensive Plan Existing Land Use: Low Density Res 0.5-.2 units per acre Comprehensive Plan Proposed Land Use: Low Density Res 0.5-.2 units per acre Sewer Staging: MUSA since 2000 (Exhibit F) Current Zoning: LR -1A (Exhibit D) Proposed Zoning: LR -1A in Shoreland Overlay Zone and RPUD outside of Shoreland Overlay Zone Existing Conditions: See Existing Conditions and Development Constraints Map (Exhibit C), Survey (Exhibit L) Sewer and Wafer. Both sewer and water infrastructure are available at and near the Property in Brown Road (Exhibit J and Exhibit K) Existing Nome: To the extent possible, Owner wishes to keep existing home and accessory structures Surrounding Uses: • North: "The Farm at Long Lake" subdivision, 2 acre lots average • South: A single Orono single family property, then a mix of uses, City of Long Lake beyond (State Bank of Long Lake, Townhomes, Commercial, Lakeshore lots 6,000-10,000 square feet) • East: Long Lake • West: "Sugar Woods" PUD Urban subdivision with sewer and water, 0.75 acre to 1.25 acre lots, and Orono Woods Senior Apartments and Commercial on Wayzata Boulevard LAND DEVELOPMENT PLANNING - ; SOME CONSTRUCTION - P20J7:CTMANAGEMENT - ACQU SITIONS - SALES www.pulselandgroup.corn www.recreateluxuryhomes.com Consultants Kevin Teppen, Westwood Engineering (Site Design, Engineering) 952-697-5735 Tom Miller, Westwood Engineering (Storm Water Design) 952-697-5730 Tom Goodrum, Westwood Engineering (Land Use Planner) 952-906-7425 Rose Lorsung, Pulse Land Group/ReCreate Real Estate (Planning, Real Estate) 952-457-7641 Todd Ullom, Sambatek (Wetlands) 763-259-6015 Gerald Duffy esq., Monroe, Moxness & Berg PA (Legal) 952-885-1280 Narrative A. Introduction I Key Points Please accept this application for Sketch Plan review for property located at 690 Brown Road N and 740 Brown Road N (the "Property") owned by Eric and Andrea Larson, and Scott and Jeanne Mabusth respectively (the "Owners"). The Owners intention is to market and sell the Property to a single developer who will make a formal application for Preliminary Piat and Rezoning in the near future. Prior to that, the Owners wish to discuss the attached Sketch Plan (the "Plan") with staff, Planning Commission and City Council in order to get initial feedback for final plan preparation. The Plan attached is the result of several years of Property investigation, planning and design. The Owners wish to present a very high-quality design that will support high-end luxury custom homes. The Owners wanted to present a plan that met all ordinances for a sewer and water MUSA development, and the goals and density assigned to the Property in the Comprehensive Plan. The Owners understand that the Sketch Plan review purpose is to gather feedback and discuss with the City staff and policy -makers how a meaningful development can occur on the Property. We believe strongly that the timing is right for the development, the design of the Property is thoughtful and that the goals of the City align with the goals of the Owners. The following are the key points the Owners wish to present along with the Sketch Plan for consideration; 1. The design of the site was considered only after careful environmental analysis. There will be no additional phosphorous entering Long Lake. 2. The intent is to use as much conservation, restoration and low impact grading and tree and wetland preservation as possible while allowing the density shown. 3. The design kept the integrity of large lots adjacent tong Lake and along the north lot line which abut existing large lots. 4. The submitted Plan is in keeping with the neighborhood development patterns and provides a natural transitional from Long Lake to Sugar Woods and the higher density and commercial uses to the south and southwest. 5. The Property will be served with City sewer and water. fV a) a 6. The Owners wish to work with the City and Minnehaha Creek Watershed District through the RPUD process to create a sustainable development using a Low Impact Design model for Engineering, Storm water, and Shoreline protection. 7. The Owners have analyzed the wetlands on the Property and have come up with the beginnings of a mitigation and restoration plan that is in process of review with the Minnehaha Creek Watershed District. There is a huge opportunity with the development to enhance the wetlands and upstream from Long Lake and treat water coming into the site from Dickey Lake. The latest technology in storm water treatment, low impact development etcetera will be used. 8. The Owners wish to ensure that all homes will be custom single family homes and that there are future covenants that protect the shoreland, viewsheds, size of homes, future resale etcetera. B. Environmental & Civil Engineering Analysis The property was fully surveyed including all existing conditions and topography (Exhibit Q. The Owners have not prepared full engineering plans yet as they seek comment on the Plan first. However, the Plan was prepared by one of the very best site planners in the Twin Cities and all factors were accounted for when preparing a preliminary plat including topography, drainage, zoning, trees, wetlands, shoreland, creek, access, siting and viewsheds etcetera. The site consists of many highly amenity elements such as Long Lake, Dickies Creek, trees and wetlands that have been incorporated into the plans. However, many of these amenity values are currently degraded due to invasive species such as cattails and buckthorn and past erosion problems which will be improved as part of the proposed development. As part of the Preliminary Plat application the Owners will be doing a comprehensive ground cover analysis and restoration planning to improve the natural qualities of the site and improve the current degrading environmental conditions. There currently is a wetland delineation and MnRAM analysis plan into the MCWD for review. Wetland 3 as an area of restoration potential. The Owners wish to explore a restoration and mitigation plan and look at getting credit for the basin (approximately 0. 18 acres) that is restored. Wetland 4 is potentially an incidental wetland and could be mitigated on-site. If Wetland 4 is eliminated, which is 0.07 aces, then we should be able to get all of the mitigation that we need from Wetland 3. if necessary, we can restore a portion of Wetland 2 but since that carries over to a neighboring parcel it won't be as easy to restore unless we work with that owner. The Owners look forward to a more thorough study of the wetlands and all natural features during the preliminary plat stage of development including a tree analysis, further wetland and shoreland analysis etc. C. Site Plan ! Evolution of Design The proposed plan was developed after very careful consideration of the natural environment of the property. The Property has lakeshore on Long Lake, land on Dickies Creek, several wetlands adjacent to both water bodies, areas of trees and some higher slopes. There is also a large single family home on the property which the Owners intend to keep and make part of the new development. The consulting team analyzed the site for soils, wetlands, trees, topography, creek and lakeshore with all corresponding state and regional environmental standards. The team then reviewed the city's zoning code, m comprehensive plan and relevant development standards and polices related to this site for an urban sewered a MUSA development. Next we looked at the surrounding neighborhoods and past actions that created and defined the character of this area in Orono. The owners wanted to present a Plan that met all city code; setbacks, lot sizes, buffers etcetera and met the character of area. After our review it was determined that using the RPUD was a tool to achieve the best possible development layout. The RPUD zoning creates the tiers we show on the Sketch Plan. The owners understand that all property within 1000 feet of the Ordinary High Water is in the Shoreland Overlay zoning district. The RPUD zoning district designates how to break up large acreage properties (note dashed line on the Sketch Plan) that have buildable land outside of the shoreland lots. The RPUD zoning district allows land 250 feet from the Ordinary High Water to be rezoned to RPUD which then allows 15,000 lots. The owners then followed the RPUD zoning with respect to lot sizes, setbacks and transition from the 2 -acre zoning etc. By using the RPUD we were able to create two types of lot sizes for the Property; which actually makes for a very lovely development with varying size lots. We created the shoreland lots that meet the LR -1A standards and complimented them with RPUD lots that transition the site from lakeshore to lots that are similar in size and character as Sugar Woods. The proposed subdivision also creates a nice transition from the commercial activity to the south and within the City of Long Lake plus the high density apartments to the southwest. It is the size of the site that allows us to create a development that respects Long Lake and the rural character that surrounds it plus create a neighborhood that matches the existing lifestyle along Brown Road. The size and natural features of the site also allows for the improvement to the degradation of the natural features and the ability to limit negative impacts to the lake. The ability to create complimentary but individually unique lots within one site achieves the diversity a single developer desires for the land along the lake and the land along Brown Road. Due to our develop approach we were able to include the Scott and Jeanne Mabusth property, located in the northwest corner of the plan. By incorporating the Mabusth site we were better able to provide a rural transition to the neighboring lots to the north and maintain the character of the homes along Brown Road through the full extension of the Sugar Woods neighborhood. The proposed subdivision was designed to meet city zoning urban standards. The lots are at the required size for the LR -1A along the Shoreland and of the RPUD along Brown Road. City required setbacks were incorporated for buildings plus the creek and lake. The Plan presented does not take any zoning liberties despite using the RPUD as a new proposed zoning. Our request to utilize the RPUD was simply to create a transitional and environmentally improved subdivision. The RPUD allows us to meet the purpose of the city codes and polices by shifting things around a little bit in order to create the best development for this Property. The following are two types of single family lots in the Plan: LRA A Lots -2 Acres pursuant to City Code for all area of the Plan in the Shoreland Overlay Zoning District (Dickies Creek and tong Lake) i. Front Yard Setback 50 feet ii. Rear Yard Setback 50 feet iii. Side Yard Setback 30 feet 2. RPUD Lots—Minimum of 15,000 SF pursuant to City Code (All areas within 250 of the Ordinary �. High Water pursuant to code for large acreage MUSA properties) i. Front Yard Setback 25 feet ii. Rear Yard Setback 40 feet iii. Side Yard Setback 10-15 feet The Owners wish to work with the City using the rezoning to RPUD as a tool to create an improved development. We feel there are several opportunities to enhance the development including but not limited to: 1. Allowing flexibility with exact lot sizes to create the best size and style of lot in the best location on the Property. Where there are natural resources present, we feel the lots should be kept large and the house pads should be created around those features while protecting them. Lot's 4, 5 and 6 all follow the LR -1A ordinance with respect to size, setbacks, width and depth but those strict rules don't create the best configured lots. We wish to explore a better layout for those building pads by perhaps allowing some wetland buffer averaging to increase the depth of the building pad and in exchange restoring Wetland 3 in the middle of the site. 2. The existing house has a large pool and has lake access with one dock. The Property has enough shoreland frontage for a total of 3 total lakeshore lots while retaining the existing house as a lake view property. All three lakeshore lots exceed the 2 acre zoning requirement and meet the minimum lot width at shoreline. Lot's 1 and 3 are far greater than 2 acres in size. When applied directly, the LR -1A and Shoreland Overlay zoning district zoning requirements make for not the best lakeshore lot layouts. The strict compliance forces the loss of the pool at the existing house in order to obtain three new lakeshore lots for building sites. With the RPUD process, the Owners wish to discuss moving some of the lot lines around slightly to create no more lakeshore lots but instead save the pool and provide for better house placement on the three new lakeshore lots being created. The Owners wish to explore the idea of rezoning the entire site to RPUD as opposed to only the portion outside of the 250 feet from the Ordinary High Water. The Owners presented the Plan showing two different zonings in order to meet the Shoreland requirement of no rezoning in that area. Again, the Plan as drawn is a good plan but it isn't the best plan. A rezoning of the entire parcel to RPUD will allow for the best design and flexibility to achieve all City and owner goals for the development. The Plan shows a new road configuration with two cul-de-sacs. The proposed width of the road is 50 feet. The Owners wish to discuss the nature of the road and are open to a rural ditch section private road possibly with a trail system throughout the Property. The Plan also shows a 10 -foot private trail easement along all roadways to partially fulfil the RPUD required 10% private recreation area. D. Comprehensive Plan Conformity/ Density Considerations & Comparisons We understand that the site is defined within the Rural Area. In review of the city's development standards and policies it is apparent that the importance of rural development is to protect the natural environment of the City, especially Lake Minnetonka, and preserve the existing character of the City. By having larger lots there is less hard cover and development pressures that negatively impact the Lake. Our proposal is to develop the site to remain rural adjacent Long Lake and transition to a more urban feel along Brown Road. We believe our request is U') reasonable and conforms to the Comprehensive Plan due to the following: m a 0 The proposed plan will provide better stormwater and phosphorous control than a Rural Area design The Character of the area will not be altered due to the project but complimented with similar style lots, both along the lake and along Brown Road. The site abuts the Urban Area designation and is across from Sugar Woods, a similar style development. The site borders the Urban Area designation to the west, Long Lake to the east, commercial properties and high density to the South and Southwest • The site is within the MUSA and easily accessible to sewer and water services. The site is within the Developing Area designation of the Met Council The site is within the Low -Density designation of Orono's Land Use Plan and not within the Rural designations The development is at the low end of the density range for low density residential There are several subdivisions within the Rural Area that are as developed or more developed than the proposed plan. The Comprehensive Plan guides the Property "Low Density Residential." This land use designation has a corresponding density of 0.5 units per acre to 2 units per acre. The Property (including both PID's) has a total gross land area of 27 acres and a buildable (net area) of 20.92 acres. Density is calculated on the developable or net acres of land on the Property. The total number of housing units that this Property could support while complying with the Comprehensive Pian is 40 total housing units. We understand that the city's Comprehensive Plan and its policies will determine what is the appropriate density for the site. Because of the property's unique and limiting factors such as creek, lake and wetlands; we realize that a far less number of lots are best suited for the site. The property, and the market alike, desire less density and therefore the Plan shows 25 lots. The large lots on the lake and creek will maintain the rural character of the lake and the land to the north while the remaining land will transition to smaller lots to complement the existing development along Brown Road. The overall density, in gross calculation, is near the same as Sugar Woods across Brown Road, which is a very successful PUD development. In order to assist in understanding our proposed density, since there are a variety of lot sizes, the Owners have put together an illustration (Exhibit E) that compares Sugar Woods to our Plan. We understand that Sugar Woods was developed at a much different time than current codes and that it contained no wetland nor does it provide stormwater, open space or environmental improvements. Our comparison is strictly to demonstrate the similarity in density between the two sites. Sugar Woods across the street: 32.1 gross acres (approx.) with 25 lots = 0.78 units per acre [ in MUSA, labeled urban, has sewer and water, no wetlands and no storm water management, in the Shoreland Overlay of Dickey Lake, great tree preservation, luxury homes) Our Plan: 27 gross acres (approx..) with 25 lots = 0.93 units per acre [has wetlands we will restore and enhance, Dickey Creek and Long Lake we will improve with enhanced Storm Water technology, has trees we will work towards saving to the extent possible] The proposed project will meet the environmental goals of the Comprehensive Plan and the Community Management Plan by implementing stormwater techniques that minimize phosphorus runoff and provides restoration to the degraded natural features within the site. By resolving the environmental concerns of the Comprehensive Plan we believe that the density concerns, as raised in the plans, are also resolved. The site is, large and can support both the rural characteristics along the lake and the residential characteristics along Brown Road. The proposed plan provides good transitional development to all of the surrounding land uses. The Comprehensive Plan is fluid and non-binding. As directly stated in the introduction of the Plan; "in the best sense of the word, this document is to be used as a guide or plan for reference and assistance in future decision-making by citizens and public officials." The city has recognized this flexibility as it supported several comprehensive plan amendments since the adoption of the plan, including the re -designation of the 142 -acre Lakeview Golf Course from Park & Open Space to Rural Residential. The other amendments consisted of changing density and adding individual lots to the MUSA for failing septic systems. We believe that our proposal deserves to be considered under the guidance of meeting the environmental policies of the City and maintaining the existing character of the surrounding area. E. Housing Product/ House Siting Details The housing vision for the Plan is all custom luxu homes of various sizes. Once a formal grading plan is created, the final developer/buyer will determine which lots will be full basement, lookout and walkout lots. Regardless, all homes will be fully custom homes. Some will have front facing garages while others will have side -loaded garages. The pictures below for the types of lots are examples of styles of homes that will likely be present but by no means are there any specific builders selected yet. There could be all one builder but likely there will be a few builders for the Property. This will be a high-end exclusive community. There will be covenants protecting all lots and all natural resources that are being saved and restored. A typical builder for these lots that the City would recognize would be Stonewood or Charles Cudd or Norton Homes. These are the types of local builders that the Owners believe will be building at the Property. The house building pad areas vary greatly by the lot but all meet City Code. Here is an example of each style of lot for house siting (housing pictures don't depict any actual houses to be built -examples only): 1. LR -1 A Lots— On Long Lake approx. 140 feet wide by 150 feet deep which would allow for 6,000+ square foot home ii. On Dickies Creek approx.. 140 wide by 60-90 feet deep which would allow for 5,000+ square foot home 2. RPUD Lots—approx.. 60 feet wide by 70 feet deep which would allow for a 4,000+1- square foot home KW F. Conclusion and Process I Next Steps The Owners want to thank staff, the Planning Commission and City Council for reviewing the Sketch Plan and providing feedback in order to enhance the development of the Property. Following the completion of the Sketch Plan review by staff, Planning Commission and City Council, the Owners will be marketing the Property to developers and builders and will be submitting another application in the near future for a preliminary plat and rezoning of the Property. The Owners will also continue to work with the Minnehaha Creek Watershed District on finalizing the wetland delineation, mitigation and restoration plan. The Owners look forward to a comprehensive thoughtful development of the Property and do appreciate all comments on the work to date. If you have any questions, please feel free to contact any of the consultants on the team. Sincerely, Rose A. Lorsung Owner, Pulse Land Group & ReCreate Real Estate Exhibits Exhibit A Applicant Letter Exhibit B—The Sketch Plan Exhibit C—Existing Conditions & Development Constraints Exhibit D—Zoning Map Exhibit E—Sugar Woods vs, Sketch Plan Density Illustration Exhibit F—MUSA Map Exhibit G—Comprehensive Pian Existing Land Use Exhibit H—Comprehensive Plan Proposed Land Use Exhibit I—Wetland Location, Mitigation & Restoration Map Exhibit J—Sanitary Sewer Map Exhibit K—City Water Map Exhibit L—Survey (wetlands in review by MCWD) .6 W ro PC Exhibit C July 20, 2,016 Mayor McMillan and City Council: 3456 High School Road Long Lake, MN 55356 Eric & Andrea Larson 690 Brown Road North Long Lake, MN 55356 Dear Mayor and City Council, Andrea and I purchased our home and property at 690 Brown Rd N., Long Lake fry March 2000. We: raised two sons on this property that enjoyed the freedom of space and access to Long Lake for many years. We have strong family ties and were raised from modest backgrounds. Our family is well educated with either post graduate or college degrees from highly reputable universities. The community has many benefits that originally attracted us to Orono 16 years ago, including an excellent school system, strong community values, ease of access to virtually anywhere in Minneapolis and affluent, well-educated citizens. Orono has an excellent reputation In the Greater Minneapolis Area and often ranks as one of the most desirable places to live in national surveys. Over the years, we have come to truly appreciate the desirability, serenity and beauty as Orono. There are many great places to reside in Orono, including the Sugar Woods development. Andrea and i are passionate to make our development plan a more'contemporary, updated model compared to Sugar Woods. This should create a highly desirable place to live and raise a family. Our goals for the development include luxury, high-end custom built homes with a priority on exclusivity, privacy, safety and environmentally friendly design. In analyzing the property, we wanted to ensure that our development design was compilant with city code and the comprehensive plan while preserving the environmentally sensitive areas of Long Lake shoreline and Dickey's Creek. The initial concept plan submitted with the application entailed years of careful thought and planning in order to achieve our collective vision for the property. We very much want to work with the city and make this development a highly prized asset forthe community and prospective new home owners. At the same time, we have paid taxes on a large parcel of land for many years and also want to exercise our development rights that are allowed under current ordinances. Sincerely, Eric & Andrea Larson r - "Sar bat 12800 Whitewater Drive, Suite 300, Minnetonka, MN 55343 PROJECT: General Wetland DATE: Correspondence SUBJECT Wetland Delineation Report - 690 TRANSMITTAL ID: Brown Road PURPOSE For your review and comment VIA: FROM Transmiffai 7118120'16 00156 Info Exchange NAME COMPANY EMAIL PHONE Todd Ullom 7/18/2016 Rose@recreateluxuryhomes. com I 12800 Whitewater Drive, Suite 300 Sambatek, Inc. TUllom@sambatek.com 763.259.6015 Minnetonka MN 55343 United States TO NAME COMPANY EMAIL PHONE Rose@recreateluxuryho mes.com 7/18/2016 Rose@recreateluxuryhomes. com I REMARKS: I submitted the report to the MCWD and copied yqU on the submitral, but your email address didn't copy and paste correctly. Anyway, attached is a f link to the report. I submitted the report to -the MCWD and Eric Larson. Let me know if you have any questions. Thanks, Todd DESCRIPTION OF CONTENTS QTY DATED TITLE NOTES 1 7/18/2016 690BrownRoad WetlandDelineationReportcompiled07 1816. df I COPIES: Todd Ullom (Sambatek, Inc.) # 3655 RECEIVED JUL 2 0 2016 P7-ge 1 of , CITY OF ORONO MEMORANDUM Date: Re: To: From: TSPLS Fft No. 10074302 August 25, 2016 690 Brown Road — Stormwater Management Concept Plan Westwood Project #R0009154.00 City of Orono Staff Tom Miller, PE Water Resources Manager Rose Lorsung Pulse Land Group C -M, 7699 Anagram Drive Eden Prairie, MN 55344 Main (952) 937-5150 Fax (952) 937-5822 westwcodps.com (888) 937-5150 This memo summarizes the methods to manage stormwater on the site of the proposed residential development at 690 Brown Road in Orono, Minnesota adjacent to Long Lake. The site is undergoing conceptual design and stormwater management has been identified as an important aspect of the proposed development due to its proximity to Long Lake (impaired for nutrients, phosphorus as the target nutrient). As such, this site is proposed to be developed with a Conservation Stormwater Design (CSD), exceeding the requirements of the Minnehaha Creek Watershed District (MCWD). Existing Conditions The site consists of approximately 27 acres that drain to onsite wetlands, Dickey's Lake Creek and Long Lake. The current landcover contains fields, woods, wetlands as well as a single family residence on rolling terrain. Proposed Conditions The proposed development will entail subdivision to a Low Density Residential (0.2-0.5 units per acre) and creates 25 buildable lots, 7 larger lots (2+ ac) and 18 medium lots (-0.5 ac). This Stormwater management plan would incorporate additional best management practices (B -NPs) to exceed MCWD standards, reducing overall phosphorus loading from the development to Long Lake by 25%. The development will utilize a combination of water reuse, pervious pavers, raingardens, ponding and sand -iron filtration to achieve an enhanced level of phosphorus removal and protect the lake. This management plan includes abstraction of the first 0.5" of runoff and targeted phosphorus removal practices to reduce phosphorus discharge below required limits. (Attachment 1) Multi -Disciplined Surveying & Engineering westwoodps.com August 25, 2016 Page 2 The proposed development condition has been examined using P8 water quality modeling software to show the impact of the development on stormwater quality delivered to Long Lake. The proposed option is also compared to a benchmark of a lower -density (all lots 2+ ac) that is compliant with current stormwater rules to show the improvement over both the existing condition and an alternative development scenario. (Table 1) Table 1. Total Phosphorus Loading Comparison Summary This memo shows that the stormwater management plan for the project improves the water quality delivered to Long Lake. Attachments: 1. Concept Stormwater Management Plan on Concept Sketch Plan Total TP Total TP after BMP Conceptual Scenario Generated treatment BMP Volume (lbs/year) ! (lbs/year) ! [cf] Existing Conditions 3.1 3.1 none Proposed Development (exceeds stormwater requirements) 13.1 0.4 32,670 Benchmark Development (meets stormwater requirements) 8.3 0.5 13,068 Summary This memo shows that the stormwater management plan for the project improves the water quality delivered to Long Lake. Attachments: 1. Concept Stormwater Management Plan on Concept Sketch Plan c2016 Westwood Professional Services, Inc. I r _ .yy - 'T l --•�Z— ,y_���, PRONERTY LINE $ is w / ( ♦ Site Development Summary X AREA LR-lA- ONE FAMILY LAKESHORE RESIDENTIAL 2 ACRES ' TOTAL GROSS SITE AREA 27,00 AC TOTAL NET SITE AREA 20.92 AC BUILDABLE± PRIVATE RECREATION AREA REQUIRED 2.70 AC (27.00"0.10) SETBACKS-LR-lA MIN. 10% OF GROSS PROJECT AREA ' PRIVATE RECREATION AREA PROVIDED 2,72 AC — — — _ _ -------------- ------e 4.. 5� t 25 2`��. \ 1h t ♦♦� F (MAN ml� - -' `• \ .``.., \ WETIAND2 , ^. I � I `.... ' I\Vw AGE 2I RRF�N Eli • Y � 1 n� 11 ��'_ I / OUF'Z " ) 22 s '\ ;30 3o \ \ate `� y�j \ �- zqt* ♦ \\ _ 5 ♦`7♦ PoT LINE C 41 '`15i�� \ ':,�_O. ,sA'� / J ;r, — 1\ l., \♦l I 16 \� i S/1dC 50 40so ' .a '\ _ >ti ', 'i 3 w4z ��TaR ND\ � �J 1 Sf_18 1/IM�IPGE i) 2 sn' W,60 sr =UkEFROM' N, TK 14 13 — _j8 1s,004 ;f s,oae sf b OU77FCaT A rrmn — �.sn A „ r. - -- -- 11303 _7 ^,. -f_r w..^£D � - tow r A r r-8 J 10 ! 1 1516E l _ rtU� 54jli�'. JI,.. . 1 7 IBf. 1 �A /4 / Q � W—ND1 {MANAGE II I I8 (— ��� -- - M1NLiNLar1�17 YNVV[I[IY LINE LL MY.IU - — - ' _ d►tML1 LW wawa Aerial ER -1A LOTS X EXISTING ZONING LR-lA- ONE FAMILY LAKESHORE RESIDENTIAL 2 ACRES PROPOSED ZONING LR-lA- ONE FAMILY LAKESHORE RESIDENTIAL 2 ACRES GROSS SITE AREA 16.78 AC (SUBJECT PROPERTY) NETSITE AREA 10.91 AC BUILDABLE ± (SUBJECT PROPERTY) SETBACKS-LR-lA 0' 100' MIN. LOT SIZE 2 ACRES FRONTYARD 50 FEET REAR YARD SO FEET SIDE YARD 30 FEET PROPOSED LOTS 6 RPUD LOTS X EXISTING ZONING LR -IA -ONE FAMILY IAHORE RESIDENTIAL 2 ACRES PROPOSED ZONING RPU D - RESIDENTIALKES PLANNED UNIT DEVELOPMENT GROSS SITE AREA 10.22 AC (SUBJECT PROPERTY) NET SITE AREA 10.01 AC BUILDABLE ±(SUBJECT PROPERTY) SETBACKS 0' 100' MIN. LOT SIZE 15,000 SF FRONT YARD 25 FEET REAR YARD 40, DIET SIDE YARD 30 FEET/ 15 FEET LOTS 19 (1.90 U/A NET DENSITY) # 3855 RECEIVED JUL 2 0 Z/016 CITY OF ORONO C -b Westwood Westwood Profemlonal Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 Phone (952)937-5150 Faa (952)937-5822 TON Flea (888)937-5150 westwoodps.wm DeaiJplad: Lit Cbeck_J• Idt DJa— Idt Record D[a—S b9/date Revisi— Prepared for. Eric Larson 963 Nice Mile Cove Hast Hopkins, Mianmota 55343 690 Brown Road Orono, Minnesota Concept Sketch Plan Date 07.192016 91,e,ce 1 OF 1 0009154—Concept Fl- S,bmiltal.dwg X 0' 100' 200' 300' # 3855 RECEIVED JUL 2 0 Z/016 CITY OF ORONO C -b Westwood Westwood Profemlonal Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 Phone (952)937-5150 Faa (952)937-5822 TON Flea (888)937-5150 westwoodps.wm DeaiJplad: Lit Cbeck_J• Idt DJa— Idt Record D[a—S b9/date Revisi— Prepared for. Eric Larson 963 Nice Mile Cove Hast Hopkins, Mianmota 55343 690 Brown Road Orono, Minnesota Concept Sketch Plan Date 07.192016 91,e,ce 1 OF 1 0009154—Concept Fl- S,bmiltal.dwg e,2016 Westwood �refessional Services, Inc. 0, Aerial I wl.JNA1 t / �+ i ! outs 9€im \ `•rr"k '� balNilF494 N {4 ! i Ix Y' i J � �f � �k WWOr IOut S wsiiuta. Y r\r j� � OWmawm vl,r0 Iwsslecr.,�y t . II I I arer+.rtLtn 11 _.. __J �• wFTlAN:13 / OOr�s�YYd:fw UY 1 J Cc'sva 3a t lea teal suatrq 1 # 3855 RECEIVED JUL 20 20 CITY OF ORONO C — e, Westwood Westwood Professional Services, 7899 Anagram Orme Ed— Prairie, MN 55344 Phone (952)937-5159 Fax (952)937-5922 Td Rea (888(937-5150 westwoodps.com Designed: – kit. Checked - kit Drawn:– Int Record Drawing by/date: Revisions: Prepared for: Eric Larson 983 Nine Mile Cove East Hopkins, Minnesota 55343 690 Brown Road Orono, Minnesota 0'-100' 2U0, 3C0' Existing Site Constraints/ Opportunities Analysis Date 07.19.2016 Sheet 1 OF 1 I x LU City of Orono Z 0 NI N M A P C 0 Lj :1'l ILI, 'R.,l R-412-%S-2Sk- a.- PAS art. 0 w L) LU M= 04 0 U_ 0 lar"s -.1c oq_bpe fin, C 0 Lj Z > 0 w L) LU C"'J 0 U_ 0 11 ......... Rkl� 4L Tn 4-U -✓� wgggYf '47 :1 ITAX 6m— Ke )7�� Z! I! .Z,� S foil - - - - - - - ----- ......... Rkl� 4L Tn 4-U -✓� wgggYf '47 :1 ITAX 6m— Ke )7�� Z! I! .Z,� S foil 02016 Westwood Professional Services, Inc. ------=----- SUGAR WOODS GROSS LAND AREA: 32.1 ACES `-- TOTAL LOTS 25 DENSITY 0.78 VIA � LAM�QNI jMABUSTI f PARCELS - GROSS SAND AREA: i 27.0 ACRES -rOTkL- -L-OTS.--25 --------- L _ i 25�'�g �x 57REE.'B., 24 23 6 .+• E i 1tOUMO _ \ b 16 // – ~ �18 n W % ' 2 15 19 13 Mf,07- A 7 1 89 1 R 11 9 i I A- F, r- i i RECEIVED JUL 2 0 2016 CITY OF ORONO 5 13 55 C ~ e. Westwood Westwood Profmlonal Services, Inc 7899 Anagram Drive Eden Prairie, MN 55344 Phone (952) 937-5150 Faz (952)937-5022 Td Free (888)937-5150 westwoodp-- De,x,,d: _ _ kit Checke • Idt Dawn kit Record Dewing Iry/date Rerai— Prepared for. Eric Larson 983 Nine Mde Cove Hast HopV=, Mtnneeob 55343 690 Brown Road Orono, Minnesota Comparative Lot Density Exhibit Plan Date te 07.192016 Sheep 1 OF 1 0' 150' 300' 450' 00D9154–Den city ExM1it:iLtlwq I I .. i k _ _ LAM�QNI jMABUSTI f PARCELS - GROSS SAND AREA: i 27.0 ACRES -rOTkL- -L-OTS.--25 --------- L _ i 25�'�g �x 57REE.'B., 24 23 6 .+• E i 1tOUMO _ \ b 16 // – ~ �18 n W % ' 2 15 19 13 Mf,07- A 7 1 89 1 R 11 9 i I A- F, r- i i RECEIVED JUL 2 0 2016 CITY OF ORONO 5 13 55 C ~ e. Westwood Westwood Profmlonal Services, Inc 7899 Anagram Drive Eden Prairie, MN 55344 Phone (952) 937-5150 Faz (952)937-5022 Td Free (888)937-5150 westwoodp-- De,x,,d: _ _ kit Checke • Idt Dawn kit Record Dewing Iry/date Rerai— Prepared for. Eric Larson 983 Nine Mde Cove Hast HopV=, Mtnneeob 55343 690 Brown Road Orono, Minnesota Comparative Lot Density Exhibit Plan Date te 07.192016 Sheep 1 OF 1 0' 150' 300' 450' 00D9154–Den city ExM1it:iLtlwq Exhibit F Planned Development Sites City of Orono 70innesota L= Planned Development Areas Parcel 2008 MUSA Proposed MUSA 2010-2030 City Limits A - Orchard Area B - Fire Station Area C - High Density Site D - New MUSA Sites E - 2 Acre Severed Lots F - Navarre Mixed Use Area Map associated with Net Density of 'esidential Development Table. fl 3,600 72iji) Feet Some: MAP 3"a RECEIVED JUL 2 0 `)n q 71 # 3 8 55. CITY OF ORONO Exhibit G Existing Land Use City of Orono Minnesota Existing Land Use Rural Res 2 Acre Min Low Density Res 02-D-5 units per acre SF Med Density Res 0.6-0.5 per acre High Density Res 3-15 ..ns Per acre Commercial IndusWal 2006 MUSA Proposed MUSA 31 Open WSW Wetlands Parcel Railroad City Limits O S it 3.6cc 7,200 Associated RECEIVED JUL 2 0 MI -61 # 3855 Cl" (IF O'KO NO Exhibit H C -k. 2030 Land Use Plan City a� Creno Minresota F.:'u re Use Categories R—IReidenbal J1 -iV2 aaj L—Densly Resid—lial (0.5-2 -W-1 Law -Medium Density Rersal-dal Y.d— Dory Resid-ml (&7 ac Mixed Use Residential (0-15 uniW) om- k dumw Park. R—tionaf, and Open Spa— �P.pased MUSA 1) 4.OW BNO Feet Solace: Bonestm. Nortampest Amoctaled Consukwft DEft June 16, 2WO. MAP 3B-6 RECEWED JUL 20 2016 # 3355 CITY OF ORONO w i M _ • .p i •J.A 45 1 ,r w. t Sf1le6ad 2 ^i {•mak As r . E' 4 a ,�,_ • . • r _ � i- ^e� — is god-,>'.`' . w I np2Y SSS e_ „ f � =i 1, I - Wetland 3 h g q Sample 1 rCi'vI'tsieCt (S-P:S^1 �•is'•i _ +'+rte -- r Weds;: Ci ' 4 • I t — - - - Wetland 1 sample Trah T Tre.- t f r{i�F�.JI� 4 _Oak mow•..si,: sPF➢4%le Transact,' PGV6' (SPI, �cl7nb �lUli1Tiyy�c��[3aia� ��'tpeSStC�=tlV1 . _ �c 0 %mbQWk N • � etlan Delineation Map Legend Approximate Project Boundary o C � VJ E � I map was created using Sambatek's Geographic ormation Systems ;GIS), it is a compilation of s 690 Brown Road Wetland Boundary ' ormation and data from various sources. This ap is not a surveyed or legally recorded map D ;25 250 Other Aquatic Resource wand is intended to be /[ Orono/ N M used as a reference. CM mbatek is not responsible for any inaccuracies Scale In Feet 0 ontained herein. Sources: MetroGIS, NRCS, LMIC Exhibit owl. re• ■ �■ �i�1i��011 •� RECEIVED 3855 JUL 20 2010 CITY OF ORONO Exhibit K SIXTH All Highway 92 Water Distribution System and Long Lake f irk Extensions , i t: °z City of Orono _1 Minnesota Well/Water Tower Hydrant with Gate Valve xn�v s O i ' HF q- i Hydrant Without Gate Valve L O i _ XE �' C�L R* I Valve Manhole U,S HWY 12 t � �, �.. 3 � — Gate Valve Water Pipe } -- `�► _.. City Limits I i J PUBLIC ROADS 8.N S R i _ Private Roads _. _ tae S — s- _�f,! �— WF* CYL, i �•� OE.(� 0 19{30 2000 _ , Scale 19 feet I ,.•.. s Tharauph6ted rs- L LJ t .... L1 *01onestroo t JA 1 ., e : Car,Mye& a I _ ,— i - - MAP 4D-4 go RECEIVED JUL 2 0 2016 CITY OF ORONO -\unc Y \ - 11GAK 91tAl1.EC WITH r- NEI GQVT. �0 11 / \ \ \ it i _ Commencing at a point 799 feet east and 133 Leet south of \ west 799 feet to west line of said Lot 1 thence south 1037. 1 I `� \ \ \ \ \ �9 (EAS•n ' \ \ I , Shore of Long Lake, thence northeasterly along lake -shore I minutes east from the point of beginning; thence north 541 S86°I 741 "E 453.$3 - -SLINE RLS N0. 1275 _ `jl �J 3 Lec to the point of beginning, according to the United St FIND. 1/2' IF a' PAROEI\1.a r 1 B 4 111 'P• Ej \ I imencln at II-� \ 1 1 ♦ �.� ` I & �, ® I n 34; thence 1 l iI It y _ ,r [ ' ming;thenu I•\ \ \ \ \ \ \ ` .\ I �c - i FlND. 1' IP t`♦ ` I1 I { I I 1I h ...r N.T.S. res 00 minus b i 6Fe" 4Af`� `tadistance I � •� � � \� \ \ \ ` R. R.L.S. No. 1275; thence westerly a%ong said line a distance o Parcel 2: T. \ \,\ \\�'. ',\ \�\ \! r / f I 1 \ I ` That part of the Northwest 1/4 of the Northeast 1/4 of Section described as follows: \ \ 8 I ` ��` \ �' •\ \ \'•. \ �• \ II �. c' ,. 't W E T L A N D Commencing at the northwest corner of said northwest 1/4 of l �, \� \ \.. __ r• .r Ill •l corner 1 __ a z \ \ '� `\ ,i �' / ' ! I along the westerly line thereof a distance of 591.70 feet to I�"i,=� 1 \ _ \ ` \ \ \, \ , \ '.. �, I \. i described; thence continuing southerly along said westerly _ deflect to the left 90 degrees 00 minutes a distance of 344.; r �_ `--'� � 1 � degrees 00 minutes a distance of 140.00 feet; thence delle, \�\ (� distance of 344.14 feetto the point of beginning, Hennepin Q \.\ 'I ! � j I 31 \ \ �, \` \ � 'it Il \� `1 1 I` `' � ' � � SURVEY NOTES 1. Bearing system Is based on the Hennepin County coordinat assumed bearing of South 00 degrees 34 minutes 20 secom / �1, SeM{on 34, Township 116, Range 23. 2. Topography shown hereon is per LIDAR data provided by 0 Resources. Said data was obtained by MFRA on 11/29/201: �3. Field work was completed on 11{21/2012. 4. The building(s) and exterior dimensions of the outside wall may not be the foundation wall, EDDE of WETLAND — ~ — -- - _ — r BENCHMARKS T4ANo—' — J —/ ' -- --96o -___DITCH-DNE� 1 \ m ed NAVD88. The drlgl, r I •I \ `e_ - 1. The vertical ai _ 1f ` \ rt al Batu Is bas on a I 1i t % � 1 1 i f ^ � l / / ! I /'•M- "1F'i / � �� � \ �``�C �� \\ \ \ I V I ' -- J44.1\P A R� — \. \ �� � 1 _ 9O° t ,r / � I / S8i 26151%W 311.14 =— / C E 1 1 ♦' FINV. 1/2" IP 1 I �' -% ✓-I / X I'....`.....g66........... ,'P A R C E L / I �- - EDGE OF WETLAND -01 If / I vv� `♦ \ i r / / % r r� i r / 1 �. ---. ♦�.-- If 344 /4 _i_ j ! / _' �" I i f i O / / ) ♦♦ 1 t �I / /N897¢'1S`E J11L / / /. / r' , . `/ `), Irr ' I �Pa / / / / / •/ _ r / // '\ ^�♦ _- , f1 11 I l il;�� ; �- , \ I / / , i' / / / / ` � �� g�� ♦♦ \ �!$d,� , _ ,$ `1 I _ - r / l , I I ,`i �' / 'i '+/'�''/ �l''s \ \\ I I o /` 7 // i i / / "sss_. `♦♦�J6N-•-L` �Pp\NG WL EDGE OF WETLAND - • r \ z ♦l� MV�i�//, �`,' r /, /i /�'� \ - ,,Z�.T��PI R� g �I I/Q�� i . / !/ ! I' / / /• i J `1 _� _ / 4t / DECK -,\ j/_ / / \ _ ,i r/ /•,. / / / / .� �r� '� --`` SHE 7['x77' , ,/}F'� -1� I Z l V. \ \ EDGE OF WETLAND- ,jF. r �l O -STORY',' / / / / / / 1 ._. 3 / I�Jv/ YIALKOUT O j ; `/ / : RET. P11. 1� I 1"S\ T / r / / /II 111 ,. I / r N I I 1 cis /LIFT f / r !i \ / -% STATION I ��. / ,! ' / i r /, / '�'� / ) % .// �• 43• j i / / \ /� /v / ` /' r I•x IGE z j BIT.`DRIVE / WP>>� {\ f4. LWF. lliNDOT 6._ \ \ r I l / / I l L / VW PLAT'N0. 27-12T i {f j i / I / ' % ! /' W E T L A N D FES 988.35 ,ir!`, Z.......1....66.... ;..... �' �� ' 12' BIT. DRIVE �• - _ ��� i /r' ,,/ r `,. 2 h - I / FENCES 0.9 N. OF�UNE1 i,�4 1 WIRE\FENCE 6�0' S. OF/ UNE-. FES I j I , 1 j A -i s• ` '\ 1 ` —968. WIRE FENCE N LINE ' 0FEN , r i �; FIND. ILLEGIBLE 1/2' IP `-.,WDOp FENCE'.8' SOF LINE'` N9°ZC�15 E"1045.82 ".' r i \`-WOOD FENCE .1.6' S.'GFILJN WOODFENCE S. OF UNE 1 7 T �. { 1 t fi f [A. lab ol Irv- '� .ass+ •+ � 07. r r "aL7:97 A x_i rA'r'' 6M.Dcr7rA.M Site Devetammt ftmum ARA TOTAL FMT [F6 MA 3013 AC 6VKj)MLFS 76NATE CKArMAWARHMUM 3.70AC427AO*3.3% AWATMOMAT MAAEAFWMM MIM.OM SOF 6ROSSMOIECTAMA 3.72AC M2ALM 0AOF(MMUMM MIA, OW L&vk-GWFAWLVLAKESKWftEMWM2ACW 6ROSSSMAWA 16.7#ACWMLm TFROF xm NUMAAA 10.9LAC6ULUAELEELSUMECTF60PMM SETRACKS MIA AWAMSME aACRU F60MTTARD WFSFT REMTARO 50 FEET 510E TARD 30 FWr FOOFOSE UM S AWOLOTS MOFOSEOiDMS.S MIO-FOMMALFE WU GMLOF M GFAM WE ARA 1622 AC Ifiam AROF4R577 METS M ARA LMAC RMV*MA jSU6LECTFROFE" SE76AF.MS AA.LOFSOE imWSF FROMTYAAO 25FEEE REMLYARD 40FUT SIDE YARD iowliSFEi tOR 190MV/AMETDEMSISYJ %ikS vmod SMrRMo6RrmRuepnN 6ewulArc e.aRr�iM eeew IWF IF661WiSW Fa pSZ1p7i6M ram, wnaTaEe9 w..+.69Feml6 Gar. Eric Larson W m" M. cow 11W H-FkID6• kum"eFR mm 690 Brown toad Or=, mim"Oft C cmmpt Sketch Pl= D.I. 0719M �•* i al 1 Op39U9—G'mcgt Asea Sunxdlp.Auy A N r� Ll xv P -WIN- W— iL dW 4W" 0 \.AltMft - ~ - . ... k . wo f% Aq ima&w . -4 %I . I I -.jIL4X Goock earth 1 w' +. 1` F e"• adf r - �. F, n r1WAAN fir'=L19' Lk 3111■M'Ii ,iii:',I A 2 ■'�� � W'Jmuftkov AFAMMUIn IT■Ila s'L*I.BamMEamf��r�== ts 0, f INI J, �vp ii ,�'�`� WIN. a Biro Spi "..1iTwo ' SRR ��irt�s���"� 9 CMP Part 3B. Land Use Plan PC Exhibit F 9. The existing urban area will not be expanded. Orono's Community Management Plan is not a staged growth plan. Except in limited cases, as defined by this plan, the urban service area will not be expanded into the defined rural area and urban services and facilities will not be extended into the rural area for purposes of fostering or allowing increased development density in those areas. 10. The design and density of urban development will be controlled to assure protection of light, air and solar access for neighboring properties. Requirements for minimum lot size, amounts of open space, minimum yard setbacks, and maximum building heights will be designed to assure protection of these values for all urban residents. 11. A significant amount of natural woodlands and open space will be retained on each property. Retention of the natural environment requires careful siting and preservation of trees and open space on each urban property. 12. Land use standards will limit the impact of urban encroachment on Lake Minnetonka.. Minimum lot width will space out docks and structural encroachments while increasing areas of natural vegetation. Lake use regulations promulgated by the Lake Minnetonka. Conservation District and supplemented with City regulations if necessary will limit the number of boats per property and the amount of public waters available for private docking and boat storage. 13. Retention of natural vegetation will limit the impact of urbanization as visible from the lake. Building heights will be limited to less than the typical tree height. Minimum green belts will be provided with prohibitions against clearcutting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes and retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation. RURAL LAND USE POLICI ES 1. Orono's rural area will be reserved for permanent low-density residential land use. Orono's rolling rural area is not suitable for commercial agriculture. Likewise, the delicate balance of storm water nutrient loading vs. marshland assimilative capacity precludes expansion of the urban, service area without major environmental problems for Lake Minnetonka. Therefore, the ideal land use for that portion of Orono located outside of the Urban Service Area is the planned low-density rural residential land use. Commercial and industrial uses will not be permitted in the rural area. City of Orono Community Management PIan 2008-2030 Page 313-21 CMP Part 3B. Land Use Plan 2. Orono's rural area provides the opportunity for quasi- agricultural land uses. Greenhouses, orchards, truck farms, riding stables and recreation areas such as large golf courses and park reserves are not possible in more crowded urban areas but they are compatible with rural residential properties. Thus, the total commercial activity of Orono is broader and more varied than if the City were all urban or all rural. 3. Rural density is limited by natural conditions. Development of rural Orono is naturally limited by a number of conditions including extensive wetlands, steep slopes and areas of high water table, which factors influence building locations and transportation options as well as the location and spacing of on-site sewage treatment systems which rely on soil treatment of sewage effluent. 4. The existing rural area will not be urbanized. Orono's Community Management Plan is not a staged growth plan. Except in limited cases as identified in this plan, the urban area will not be expanded into the rural area. Municipal urban services will not be extended into the rural area or across open, rural lands. Rural land uses and rural land use density will be maintained at a level to ensure that private on-site sewer systems will operate satisfactorily and that rural wetlands and drainageways will not be overloaded with storm water nutrient pollution. 5. Rural land uses and densities do not require urban services. Urban services are not compatible with rural land use. Extension of certain urban services, such as extensive public road maintenance or municipal sewer or water cannot be economically justified or easily provided to developments in rural areas or at rural densities. 6. Rural land uses do not require municipal sewer service. Orono's soil, topography and low-density rural land use provide the ingredients necessary to assure safe, adequate, permanent on-site sewage treatment and waste water disposal without hazard to ground water, surface water or the public health. Extension of sewer service to properties in the rural area will be avoided, except when necessary to protect the public health, or to avoid or eliminate negative impacts to surface and groundwaters. Future expansions of the sewer system into the Rural Area to solve existing neighborhood sewage treatment problems or along the lakeshore to avoid or eliminate potential negative impacts on lake water quality, will not result in a reclassification of those neighborhoods from Rural to Urban. Expansion of the sewer system into the Rural Area will not result in the provision of additional urban services, nor will it result in changes to allowed development densities. City of Orono Community Management Plan 2008-2030 Page 3B-22 CMP Part 3B. Land Use Plan 7. Rural development will be subject to proven on-site sewage treatment capability. Future development in the rural area will be contingent upon the developer providing prior technical evidence that the site contains sufficient suitable land for all development, an acceptable primary drainfield area, and reserved space for at least one alternate drainfield area. The zoning area requirements for rural Orono will therefore be based upon minimum areas of dry buildable land exclusive of roadways, wetlands, streams or areas of high water table. 8. Rural development must be self-supporting. A11 future development in the rural area will be required to be proven self-supporting for the intended use, especially in terms of water supply, sewage treatment and internal improvement maintenance, so as to prevent extension of costly urban services into the rural area. 9. Rural land use densities will allow maximum retention of private woods and open space. Low rural densities will accommodate homesites without affecting the traditional vistas of open fields and woods. The retention of these woodlands and marshlands will then assure permanent habitat for our abundant wildlife. Public open space will be provided on a large-scale or Park Reserve basis, but neighborhood or mini -parks are unnecessary because of the large amount of available privately owned and maintained open space. 10. Rural wetlands and marshland will be maintained and protected for surface water retention and filtration. As total population in the watershed increases, the total requirement for storm water filtration will increase. Orono's rural land use plans will protect all of our rural wetlands and marshland for future use as retention ponds and nutrient filters including the capability of accepting recycled urban storm water for increased nutrient filtration. 11. Rural lakeshore areas will have dual environmental protection. The low-density residential land uses will automatically reduce environmental pressures on the shoreline. In addition, the rural areas, will be subject to the same shoreline protection performance standards as the urban areas, including minimum setbacks, green belts, clear -cutting prohibitions and lake use regulations. Taken together, these factors should preserve to a large extent the original appearance of Orono's rural shoreline as seen from the lake. 12. Rural lakeshore areas within the Shoreland and within the MUSA will be provided with municipal sewer service upon request. Existing residences within the designated Shoreland Overlay District and within the MUSA for which municipal sewer service is requested shall be provided with municipal sewer. New residential development of such properties at City of Orono Community Management Plan 2008-2030 Page 3B-23 CMP Part 3B. Land Use Plan the planned and zoned densities will be provided with municipal sewer at the request of the developer. However, this policy will not preclude development of such areas using fully conforming Individual Sewage Treatment Systems. LAKESHORE RESIDENTIAL LAND USE POLICIES Although Orono's lakeshore has a wide range of diversity in lot size and home size, the predominant character of Orono's lakeshore is natural. This is due to much of the lakeshore being historically developed as large estate lots with homes set back a substantial distance from the lakeshore, or being developed as moderate homes on moderate lots leaving substantial open space. The exception to the natural lakeshore is the areas where historically small cottages were built on small lots close to the Lakeshore. These cottages in many cases have been updated, remodeled or expanded into year-round homes. The key goal of the City's Comprehensive Plan is to protect Lake Minnetonka, which includes the preservation of the natural character of the lakeshore and the water quality of the lake. As the demand for, and value of, lakeshore property has dramatically increased, so has the pressure to expand or replace small and not so small older homes with much larger homes. This pressure has the potential to substantially alter the natural character of the lakeshore, and the more open and natural environment enjoyed by property owners along much of the lakeshore in Orono. The following policies will guide the City in addressing development on the lakeshore. 1. Lake Minnetonka shall be protected as a natural and recreational resource. 2. The natural character of the lakeshore shall be preserved, and when possible, enhanced. 3. The views and open space currently enjoyed by Lakeshore property owners shall be protected. 4. The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as on the shape and topography of the lot. 5. The increase in massing of structures on the lakeshore shall be limited. City of Orono Community Management Plan 2008-2030 Page 3B-24 CMP Part 3B. Land Use Pian RURAL LAND USE RURAL RESIDENTIAL LAND USE Rural residential development will be limited to single family dwellings, with a minimum dry -buildable lot size of at least two acres. When the total number of forecast dwelling units in the defined Rural Area (i.e. the 2 -acre and 5 -acre zoning districts), approximately 1685 units by year 2030, is divided into the total Rural Area acreage of Orono (8543 acres) the gross rural density becomes one unit per five acres. The extensive amounts of wetlands and public open space that occupy Orono's defined Rural Area result in the absence of substantial contiguous tracts for development, which in turn is a primary reason why extension of urban services and urban densities into this region is neither practical nor economical. The planned rural density of at least 2.0 dry -buildable net acres per dwelling, when coupled with requirements for identifying two on-site sewage treatment system sites for each developing residential lot, will permanently support on-site water supply and sewage treatment systems. The planned rural density will not overload or adversely affect the natural wetlands and storm water filtration system so necessary to the preservation of Lake Minnetonka's water quality. The resulting population densities will require no major changes to the public road system. The planned rural density should maintain to the greatest extent possible the historic character of this rural area with land remaining in parcels large enough to permit quasi -agricultural activities as well as residential uses. Because extensive, expensive urban services are not necessary, the planned rural density will allow rural development of two -acre lots to be economically competitive with urban development in other suburban areas. This preserves the rural land owner's rights to use and/or develop his land, as well as preserving the widest choice of lifestyle possible for Orono residents. Certain restrictions on rural residential development will continue to be imposed because of the existence of numerous wetlands and drainageways to Lake Minnetonka, steep slopes, soil type variations and other natural characteristics. These restrictions will continue to minimize the need for expensive public services such as municipal sanitary sewer, municipal water, major improvements in public transportation, and most important, public storm water sewer and treatment facilities. All rural lands abutting lakeshore will be subject to the same protective restrictions as urban lands in addition to the lower land use density of the area. Municipal sewer will be provided to rural density lakeshore properties where feasible, but sewer extensions will not result in the ability to develop such properties at greater densities than 1 unit per 2 acres. City of Orono Community Management Plan 2008-2030 Page 3B45 CMP Part 3B. Land Use Plan Orono's rural residential density will not be increased to more than one dwelling per two dry -buildable acres because of the potentially adverse environmental impact and because of the increased need for costly urban services. At the same time, however, Orono's rural residential density will not be decreased below the established average because the resulting increase in acreage per unit would destroy the ability of the rural residents to economically maintain their property. Orono's defined Rural Area includes properties categorized in the Land Use Plan as Low Density Residential (0.5-2 units per acre) because they are within the MUSA. Non-MUSA categories within the defined Rural Area are depicted in the Plan as: RURAL RESIDENTIAL - 1 DWELLING PER TWO ACRES This is the typical rural residential density developed and planned to be permanently self-supporting in all of Orono's Rural Area. No rural density will be allowed greater than one unit per two acres except for those existing residences in existing rural housing clusters that were originally developed many decades ago and in most cases have been provided with municipal sewer within the past 3 decades. New rural developments may include housing clustering when environmental and site conditions allow, provided the overall density within the development conforms to these requirements, and provided that all sewage treatment needs can be adequately met. RURAL, - 1 DWELLING PER FIVE ACRES Although the typical two acre rural residential density is appropriate for the entire Rural Area, the northwest corner of the City is planned for a lower density of one unit per five acres. The citizens in this area in the 1970's verbalized a traditional desire for more intensive rural and quasi -agricultural activities which require and support the larger minimum lot sizes. Thus, historic land use and not environmental concerns have determined this land use classification. RURAL AGRICULTURAL LAND USE There is no separate designation for agricultural land use since this activity is appropriate and is still occurring to a minor extent within the rural residential areas. Performance standards will be maintained to assure that active agricultural activities such as livestock farming do not occur on unduly small parcels of land, but that they may occur anywhere within the rural area where sufficient land area provides buffers for neighboring residents as well as adequate protection for the environment. City of Orono Community Management Plan 2008-2030 Page 3B-46 ... -.';: �.�.., r..,..� - ---- _ , 2 * Y+rr `w, gyp\ i pRop mmmmmw� vNE z _1. ' [ / 1. - - -. H, 4 LV 1 c:: - +.r -.T' - =K � �h a S to : �. � . � ' _ , . :- I .y_ ` a6 C 4 . PC Exhibit t, r {; .: -i. w . ". _ . < -. - .:.: ssss At 1 . . _ ..: r . - x . , -' - . ::. . , .: *'' . i ' - .:,-. r" . Fm a ty � ...,"_ 1 - a - r.r - +}� l } y 4 ! r Y:: . t �; ii :' 3 g .Y. , /,-: iI. , �4 + ` v - , j _ s _ - +5— — 1 _1. 7::: .. —`ri - r" ►NETEAN D 2il. 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F, ' 1 d 1n' 4 - >:: r� r : L :C F .- .a- .. - :ti' -.r. sd. .-._ ., -' 3{' ., 'r� -_ .� °''Sx_.- ,�w�i' a.� ? ..'_" � - <t �' -•Yf< ,�.. .. -.. .. .� ...,r ; -:r Y Y'��, f . _, a /::x . ,gs REQUEST FOR COUNCIL ACTION DATE: October 10, 2016 ITEM NO: 12 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart ym� Planning Title Community Development Director Item Description: City of Orono Text Amendment Related to Appeals and Appeal Timeliness Application Summary The proposed ordinance formally consolidates and clarifies the appeal process for a number of decisions made by City Staff, the Board of Appeals, and the City Council. The ordinance also establishes a timeline within which the aggrieved party must appeal. Background In August, the Council directed Staff to amend the ordinance to establish a time limit within a person must file an appeal of a decision. Staff and the Council considered this amendment a housekeeping item. Currently, any person aggrieved by an administrative decision may appeal to the Council, provided they do so at least 7 days prior to any Council meeting. This appeal may be based on a decision that happened at any time. The draft ordinance requires an appeal be submitted within 10 days of the decision. This allows for timely review of the issue, but also, allows the beneficiary of the decision (usually administrative permits) to act on the permit or decision they received. The balance of the ordinance as drafted takes the disjointed references to an appeal process and establishes a clear path for appeals, depending on the authority of the decision. To summarize, appeals from a. administrative decisions go to City Council (violation, Chapter 50, special events Ch. 66, some nuisance abatement Ch. 70), b. zoning decisions (regulations from Ch. 78 of the code) go to Planning Commission as the Zoning Board of Appeals. c. subdivision decisions (regulations from Ch. 82 of the code) go to Planning Commission as the Zoning Board of Appeals. d. public safety regulations, (Ch. 42) go to the police chief. These routes are not changed from the current ordinance. Planning Commission Recommendation The Planning Commission reviewed the proposed ordinance at their meeting on September 19. The Commission recommended approval, the minutes from that meeting are attached as Exhibit C. Action Requested: Approve by motion the ordinance as drafted. List of Exhibits: Exhibit A. Draft ordinance Exhibit B. PC Staff Report Exhibit C. Draft PC Minutes Council Exhibit A 1 ORDINANCE NO. _, THIRD SERIES 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE CITY ORDINANCE 7 PERTAINING TO FILING OF 8 ADMINISTRATIVE, ZONING, AND SUBDIVISION APPEALS 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Section 2-41 Right to administrative appeal is hereby amended to read as follows: 14 15 Except as otherwise provided, if any person shall be aggrieved by any administrative decision of 16 the city administrator or any other city official, or any board or commission not having within its 17 structure an established review schedule or an appellate procedure, such aggrieved person is 18 entitled to a full hearing before the council upon serving a written request upon the mayor and 19 city clerk -* least seven days ^ r to aRy FegulaF "" e ^^. Such request shall contain a 20 general statement setting forth the administrative decision to be challenged by the appellant. 21 An appeal under this section shall be served no later than 10 days following the decision. A 22 hearing on the appeal shall occur at the next regularly scheduled council meeting that is at least 23 seven days after the appeal is served. At such hearing, the appellant may present any 24 evidence he deems pertinent to the appeal; but the city shall not be required to keep a 25 verbatim record of the proceedings. The mayor, or other officer presiding at the hearing, may, 26 in the interest of justice or to comply with time requirements and on the mayor's own motion 27 or the motion of the appellant, the city clerk, or a member of the council, adjourn the hearing 28 to a more convenient time or place; but such time or place shall be fixed and determined before 29 adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the 30 city who is aggrieved by an action or decision of another city employee that relates to their 31 employment shall exhaust the grievance procedures set forth in the administrative and 32 personnel policy before requesting a hearing before the city council. The city council's 33 decision on appeal may only be appealed to the Minnesota Court of Appeals. This Section shall 34 not apply to hearing officer decisions under Section 50-32; decisions of an administrative officer 35 under Chapter 78; decisions of an administrative officer under Chapter 82; or decisions of the 36 planning director under Section 78-1604. SECTION 2. Section 18-111 Revocation Subsection (e) is hereby amended to read as follows: (e) (Purposely left blanklmay appeal that rPvt;r.;#iA .Jar., the r cats n wa-r ailed .,r .dP1My.,r.,.d SECTION 3. Section 42-168 User fee sub paragraph (b) is hereby amended to read as follows: (b) Any alarm user required by the city to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the chief of police within ten days of notice from the city of the false alarm charge. Felle ing reviev.f ^d- d^*^r.,.,inatien by *"^ 188958v1 49 chief of palmee, sueh deeisien may be appealed to the eity adMiRiStFater, whe will have the 50 51 { f„r fake ..�, 52 53 SECTION 4. Section 50-32 Violations Subsection (b) is hereby amended to read as follows: 54 55 (a) Hearings. If a person accused of violating this article so requests within 10 days of receipt 56 of a citation, a hearing shall be scheduled, the time and place of which shall be published 57 and provided to the accused violator. SECTION 5. Section 66-225 Denial of permit Subsection (b) is hereby amended to read as follows: (b) The city administrator or designee shall act promptly upon a timely filed application for a parade or special event permit, but in no event shall grant or deny a permit less than 48 hours prior to the parade or special event and shall include reasons for denial. An- applicant Shall have the Fight te appeal the denial of a paFade 9F speeial event peFmit te the eity eeuneil. The appeal shall be filed �Afithip five days after Feeeipt ef the denial te the SECTION 6. Section 70-5 Abatement procedure Subsection (b) is hereby amended to read as follows: 73 (b) Summary abatement. The city administrator or designee may provide for abating a public 74 nuisance without following the procedure required in paragraph (a) above when: 75 (1) There is an immediate threat to the public health or safety; 76 (2) There is an immediate threat of serious property damage; or 77 (3) A public nuisance has been caused by private parties on public property. 78 If the city administrator or designee abates the nuisance under this section, he must 79 reasonably attempt to notify the owner, occupant, or other responsible party of the intended 80 action and the right to appeal the abatement and any cost recovery at the ReM Parte!aF!y 81 r^ho.-l- fiord ^,+., ^ ^,l moo 82 83 SECTION 7. Section 70-129 Approval is hereby amended to read as follows: 84 85 All permits are subject to the approval of the city administrator upon recommendation of 86 the chief of police. Appeals of deRials of .,,,r. its ^ ubjeet W ^ ^;' revi 87 88 SECTION 8. Section 70-131 Notice to owners of surrounding property is hereby amended to 89 read as follows: 90 91 An annual permit shall require notice to be given to surrounding property owners and an 92 opportunity for them to object prior to issuance of a permit under this subdivision, but such 93 objections shall not require the permit to be withheld. Any person may appeal the denial „f 94 peFFnit to the ^ ^;l 95 188958v1 96 SECTION 9. Section 78-96 Board established Subsection (a) is hereby amended to read as 97 follows: 98 99 (a) A zoning board of appeals and adjustments is established. The planning commission is 00 constituted as the board of appeals and adjustments. The der- si^^s; of the Sheard- are O1 advisery t^ the ^^uPr-A. The board shall have the following powers: 02 (1) To hear and decide appeals from any affected person where it is alleged that 03 there is an error in any order, requirement, decision or determination made by an 04 administrative officer in the enforcement of this chapter. 05 (2) To hear requests for variances in accordance with this chapter. 06 (3) To exercise other functions as provided in this chapter. 07 08 SECTION 10. Section 78-99 Appeals procedures is hereby amended to read as follows: 109 10 The decisions of the board on requests for variances are advisory and will automatically proceed 11 to the council for review. The decisions of the board on appeals are binding. The applicant or 112 other person or officers of the city affected may appeal a binding decision of the board to the 113 council by filing a written notice stating the action appealed from and stating the specific 114 grounds upon which the appeal is made. The notice shall be accompanied by a fee in the 115 amount prescribed by the current city fee schedule payable to the city, which fee shall not be 116 refundable. An appeal under this section shall be filed no later than 10 days following the 117 decision of the board. 118 119 SECTION 11. Section 78-100 Subdivisions is hereby amended to read as follows: 120 121 [Purposely left blankl 122 123 . 124 125 , 126 FequipemeRt, deGisieR eF made by an administrative effleer in the- 127 o„F^..^rv,^„+ ^f G h a p t e 42 128 (2) Te hear requests f9F YaFying the Fegulatieris as they apply te speGif*G pFepeFties where aR 129 , 130 131 . 132 133 SECTION 12. Section 78-143 Review process Subsection (2) is hereby amended as to read 134 follows: 135 136 (2) Planning and zoning coordinator. The planning and zoning coordinator shall make a 137 decision on site plans reviews to change the use of a building or parcel of land; to modify 138 the interior or exterior of a building or site or land feature in any manner that results in a 139 different site design or intensity of use, including the requirement for additional parking 140 or to enlarge a building by less than ten percent of its gross floor area. The planning and 141 zoning coordinator shall have the authority to refer an administrative site plan review to 142 the city council for decision. The A-yompermay appeal the ^{ the planning and 188958vi ME 145 SECTION 13. Section 78-1134 Subdivisions Subsection (b) is hereby amended to read as 146 follows: 147 148 (b) Administrative review. The city council shall hear and decide appeals where it is 149 alleged there is error in any order, requirement, decision, or determination made by 150 an administrative official in the enforcement or administration of this article. An 151 appeal must be filed within 10 days of the administrative official's order, 152 requirement, decision, or determination. 153 154 SECTION 14. Section 78-1285 Vegetation alterations Subsection (a) is hereby amended to read 155 as follows: 156 157 ll No live tree within 75 feet of the shoreline or within the bluff impact zone with a 158 diameter of six inches or more (or 19 inches in circumference or greater) measured three 159 feet above the ground may be removed without first obtaining a permit from the city 160 staff, provided that at least the equivalent number of replacement trees of a size and 161 nature found acceptable to the staff are planted at the same setback from the shoreline 162 as those removed. Appeals of staff deteTrninat-iens as type, size and quality of the t. 163 to be Feplae^dvVill "^ to the e^i mrnil Removal of trees that are dead shall not require a 164 permit, but such trees must be inspected by city staff prior to their removal. 165 66 SECTION 15. Chapter 82 Article II is hereby amended by the addition of the following Section 67 82-51: 168 69 Sec 82-51. — Appeals. 70 The zoning board of appeals and adjustments established in Section 78-96 shall also serve as 71 the subdivision board of appeals and adjustments. The board has the following powers with 72 respect to the subdivision regulations: 73 (1) To hear and decide appeals where it is alleged that there is an error in any 74 order, requirement, decision or determination made by an administrative 75 officer in the enforcement of chapter 82. An appeal under this section shall 76 be filed no later than 10 days following the order, requirement, decision or 77 determination. Appeals to the board of appeals and adjustments may be 178 taken by any affected person upon compliance with any reasonable 79 conditions imposed by the subdivision regulations. 80 (2) To hear requests for varying the regulations as they apply to specific 81 properties where an unusual hardship on the land exists, but variances may 82 be granted only upon the specific grounds set forth in the subdivision 83 regulations. Unusual hardship includes but is not limited to inadequate access 84 to direct sunlight for solar energy systems. 85 The procedures set forth in Sections 78-97 through 78-99 apply to determinations of the 186 subdivision board of appeals and adjustments. 187 188 SECTION 16. Section 82-85 Appeal to the council Subsection (d)(3) is hereby amended to read as 189 follows: 190 91 [Purposely left blank] Appeal to the-eeune+l. S.he l d any bdiyi er .. kh to appeal 188958v1 192 193 days of the aetion by the planniRg file 194 , 195 have ten days to prepaFe a repeFt and place the appeal GR the agend-a of the next regularly 196 197 198 199 200 SECTION 17. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and 201 publication. 202 203 ADOPTED this day of , 2016 on a vote of _ ayes and _ nays by the City Council 204 of Orono, Minnesota. 205 206 ATTEST: 207 208 209 210 211 Diane Tiegs, City Clerk Lill Tod McMillan, Mayor 212 213 214 Ordinance published in The Laker and The Pioneer newspapers the week of , 2016. 188958v1 5 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: September 19, 2016 Subject: #16-3865, City of Orono, Text Amendment: Appeals Public Hearing Item #09 - PC Agenda - 09/19/2016 File #16-3865 [Total Pages 7] Application Summary: The proposed ordinance formally consolidates and clarifies the appeal process for a number of decisions made by city staff, the Board of Appeals, and the City Council. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. List of Exhibits Exhibit A. Draft Ordinance Background Among the priorities for amendments to the city ordinances was the need to clarify the appeal process. An appeal of a decision is one of the fundamental rights a resident has, and the avenue in which to make this appeal, and resolve it in a timely manner required clarification. Currently, references to appeals are located throughout the code, and pertain to administrative decisions made by staff and officials, (2-41), false alarm penalties (42-168) permit revocations (18-111), violations of tobacco regulations (50-32), Special event permits (66-225), nuisance abatement (Chapter 70), zoning decisions (Chapter 78), and subdivisions (Chapter 82). Section 1 of the draft ordinance consolidates the appeal process for decisions made by the city administrator or any other city official. This includes alarms, special event permits, site plan process, and vegetative alterations. In all cases, an appeal must be submitted within 10 days of the decision being appealed, to avoid a person requesting an appeal 6 months after a decision was made and acted on. 10 days is a standard appeal timeline. Sections 2-9, 12, 14 of the draft ordinance amend the various sections of the code which reference administrative type decisions. Section 10 notes that Zoning Board of Appeals (ZBA) decisions on appeals are binding, though they may be appealed to the City Council. ZBA decisions on variances are advisory, the Council makes the final decisions. Section 13 relates to floodplain regulations, and is mandated by the National Flood Insurance Program. Item #09 - PC Agenda - 09/19/2016 File #16-3865 [Total Pages 7] FILE # 16-3865 September 19, 2016 Page 2 of 2 Section 15 names the Zoning Board of Appeals established for zoning variances is the board for appeals from the administration of the subdivision ordinance. The Zoning board of Appeals in Orono is currently the Planning Commission. Staff Recommendation Staff recommends approval of the ordinance as written. Item #09 - PC Agenda - 09/19/2016 File #16-386. (�oVAM1Y A 1 ORDINANCE NO. THIRD SERIES 2 3 CITY OF ORONO 4 HENNEPIN COUNTY, MINNESOTA 5 6 AN ORDINANCE AMENDING THE CITY ORDINANCE 7 PERTAINING TO FILING OF 8 ADMINISTRATIVE, ZONING, AND SUBDIVISION APPEALS 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Section 2-41 Right to administrative appeal is hereby amended to read as follows: 14 15 Except as otherwise provided, if any person shall be aggrieved by any administrative decision of 16 the city administrator or any other city official, or any board or commission not having within its 17 structure an established review schedule or an appellate procedure, such aggrieved person is 18 entitled to a full hearing before the council upon serving a written request upon the mayor and 19 city clerk at least Seven days pFieF to ^ regular ^ ^;' rn ^+;^^ Such request shall contain a 20 general statement setting forth the administrative decision to be challenged by the appellant. 21 An appeal under this section shall be served no later than 10 days following the decision. A 22 hearing on the appeal shall occur at the next regularly scheduled council meeting that is at least 23 seven days after the appeal is served. At such hearing, the appellant may present any 24 evidence he deems pertinent to the appeal; but the city shall not be required to keep a 25 verbatim record of the proceedings. The mayor, or other officer presiding at the hearing, may, 26 in the interest of justice or to comply with time requirements and on the mayor's own motion 27 or the motion of the appellant, the city clerk, or a member of the council, adjourn the hearing 28 to a more convenient time or place; but such time or place shall be fixed and determined before 29 adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the 30 city who is aggrieved by an action or decision of another city employee that relates to their 31 employment shall exhaust the grievance procedures set forth in the administrative and 32 personnel policy before requesting a hearing before the city council. The city council's 33 decision on appeal may only be appealed to the Minnesota Court of Appeals. This Section shall 34 not apply to hearing officer decisions under Section 50-32; decisions of an administrative officer 35 under Chapter 78; decisions of an administrative officer under Chapter 82; or decisions of the 36 planning director under Section 78-1604. SECTION 2. Section 18-111 Revocation Subsection (e) is hereby amended to read as follows: (e) (Purposely left blank] Any peFsen .," ^ peFFnit ;^is. „1edmay al t".,t ^.,t;,,., t„ the eity eeuneil by filing netice efsweh appeal with the eity e!eF!( within ten days ef the SECTION 3. Section 42-168 User fee sub paragraph (b) is hereby amended to read as follows: (b) Any alarm user required by the city to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the chief of police within ten days of notice from the city of the false alarm charge. Felle ingand- ^'^teRnination by t"^ Item #09 - PC Agenda - 09/19/2016 File #16-3865 [Total Pages 7] 50 autheFity te Make -a final determin-atie—m as te- v.ohetheF the appellant- is te -he r--haFged with 51 -+ fee f.,.- ^ false ^Iarm 52 53 SECTION 4. Section 50-32 Violations Subsection (b) is hereby amended to read as follows: 54 55 (a) Hearings. If a person accused of violating this article so requests within 10 days of receipt 56 of a citation, a hearing shall be scheduled, the time and place of which shall be published 57 and provided to the accused violator. 58 59 SECTION S. Section 66-225 Denial of permit Subsection (b) is hereby amended to read as 60 follows: 61 (b) The city administrator or designee shall act promptly upon a timely filed application for a parade or special event permit, but in no event shall grant or deny a permit less than 48 hours prior to the parade or special event and shall include reasons for denial. Apyapplieant Shall have the Fight te appeal the denial ef a paFade OF SpeGial eVeRt peFFAit te the eity eewReil. The appeal Shall be filed- viith*R five days afteF Feeeipt of the denial te the - SECTION 6. Section 70-5 Abatement procedure Subsection (b) is hereby amended to read as follows: (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 Rext Feg laFly she d -.I J sir.,GeURGil eti.,,. SECTION 7. Section 70-129 Approval is hereby amended to read as follows: All permits are subject to the approval of the city administrator upon recommendation of the chief of police. Appeals ^f denials of . MOtS ^ ubjeet to ^ i'revi 88 SECTION 8. Section 70-131 Notice to owners of surrounding property is hereby amended to 89 read as follows: 90 91 An annual permit shall require notice to be given to surrounding property owners and an 92 opportunity for them to object prior to issuance of a permit under this subdivision, but such 93 objections shall not require the permit to be withheld. Any peFsen Fnay appeal the denial of 94 peFFnit to the .il 95 SECTION 9. Section 78-96 Board established Subsection (a) is hereby amended to read as 96 follows: 97 Item #09 - PC Agenda - 0911912016 File #16-3865 [Total Pages 7] 98 (a) A zoning board of appeals and adiustments is established. The planning commission is 99 constituted as the board of appeals and adjustments. The decisions of the board are advisory to 100 the council. The board shall have the following powers: 101 (1) To hear and decide appeals from any affected person where it is alleged that there is an 102 error in any order, requirement, decision or determination made by an administrative officer in 103 the enforcement of this chapter. 104 (2) To hear requests for variances in accordance with this chapter. 105 (3) To exercise other functions as provided in this chapter. 106 107 SECTION 10. Section 78-99 Appeals procedures is hereby amended to read as follows: 108 109 110 to the ceuReffil fer review. The decisions of the board on appeals are binding. The applicant or III other person or officers of the city affected may appeal a binding decision of the board to the 112 council by filing a written notice stating the action appealed from and stating the specific 113 grounds upon which the appeal is made. The notice shall be accompanied by a fee in the 114 amount prescribed by the current city fee schedule payable to the city, which fee shall not be 115 refundable. An appeal under this section shall be filed no later than 10 days following the 116 decision of the board. 117 118 SECTION 11. Section 78-100 Subdivisions is hereby amended to read as follows: 119 120 [Purposely left blank) Appeals te the beard of appears and adjustments may be taken by any 121 122 . 123 124 4) Te4}eadecide appeals wheFe-it isallegedthat thc�e-is-an eFFeF in any eFdeF, 125 126 eRfOreemeRt of ,-hapten 42 127 128 Unusual hardship GR the land exists, but variaRees Fnay be gFaRted Only UpeR the speeifirs 129 130 l,rnute d *^ inadequate access to direct sunlight fer selar energy systems. 131 132 SECTION 12. Section 78-143 Review process Subsection (2) is hereby amended as to read 133 follows: 134 135 (2) Planning and zoning coordinator. The planning and zoning coordinator shall make a 136 decision on site plans reviews to change the use of a building or parcel of land; to modify 137 the interior or exterior of a building or site or land feature in any manner that results in a 138 different site design or intensity of use, including the requirement for additional parking 139 or to enlarge a building by less than ten percent of its gross floor area. The planning and 140 zoning coordinator shall have the authority to refer an administrative site plan review to 141 the city council for decision. The evMelr May appeal the deet-;^^ of the planning and 142 ^rd—na+^r +^ the eity eeu nee 143 144 SECTION 13. Section 78-1134 Subdivisions Subsection (b) is hereby amended to read as 145 follows: 146 147 (b) Administrative review. The city council shall hear and decide appeals where it is Item #09 - PC Agenda - 09/19/2016 File #16-3865 [Total Pages 7] 148 alleged there is error in any order, requirement, decision, or determination made by 149 an administrative official in the enforcement or administration of this article. An 150 appeal must be filed within 10 days of the administrative official's order, 151 requirement, decision, or determination. 152 153 SECTION 14. Section 78-1285 Vegetation alterations Subsection (a) is hereby amended to read 154 as follows: 155 156 (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a 157 diameter of six inches or more (or 19 inches in circumference or greater) measured three 158 feet above the ground may be removed without first obtaining a permit from the city 159 staff, provided that at least the equivalent number of replacement trees of a size and 160 nature found acceptable to the staff are planted at the same setback from the shoreline 161 as those removed. , siie and quality ef the t. 162 to be Feplaeed will be to the eeuReffil. Removal of trees that are dead shall not require a 163 permit, but such trees must be inspected by city staff prior to their removal. 164 165 SECTION 15. Chapter 82 Article II is hereby amended by the addition of the following Section 166 82-51: 167 168 Sec 82-51. — Appeals. 169 The zoning board of appeals and adjustments established in Section 78-96 shall also serve as 170 the subdivision board of appeals and adjustments. The board has the following powers with 171 respect to the subdivision regulations: 172 (1) To hear and decide appeals where it is alleged that there is an error in any 173 order, requirement, decision or determination made by an administrative 174 officer in the enforcement of chapter 82. An appeal under this section shall 175 be filed no later than 10 days following the order, requirement, decision or 176 determination. Appeals to the board of appeals and adiustments may be 177 taken by any affected person upon compliance with any reasonable 178 conditions imposed by the subdivision regulations. 179 (2) To hear requests for varying the regulations as they apply to specific 180 properties where an unusual hardship on the land exists, but variances may 181 be granted only upon the specific grounds set forth in the subdivision 182 regulations. Unusual hardship includes but is not limited to inadequate access 183 to direct sunlight for solar energy systems. 184 The procedures set forth in Sections 78-97 through 78-99 apply to determinations of the 185 subdivision board of appeals and adiustments. 186 187 SECTION 16. Section 82-85 Appeal to the council Subsection (d)(3) is hereby amended to read as 188 follows: 189 �n 190 [Purposely left blank] AppeGi to the -ee c -Il. she l d any subdividpr wirh to appeal 191 , 192 days ef the aetien by the planning eemmission, file a wFitten appeal v.fith the zoning 193 ad_.rnin._rt_.r;_AA_F and pay an appeal fee. Upen filing ef an appeal, the zening administrate -F shalk 194 have ten days to pFepaFe a Fepert and plaee the appeal en the agenda A -f. t_.h.e next FegulaFly 195 CCA- '_'ArCE1 Meeting. The ceundil shall review the FePGFt and appeal and may E;enr;- ir with 196 197 appliGatk)} Item #09 - PC Agenda - 09/19/2016 File #16-3865 [Total Pages 7] 1 I' 199 SECTION 17. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and 200 publication. 201 202 ADOPTED this day of , 2016 on a vote of _ ayes and _ nays by the City Council 203 of Orono, Minnesota. 204 205 ATTEST: 206 207 208 209 210 Diane Tiegs, City Clerk Lili Tod McMillan, Mayor 211 212 213 Ordinance published in The Laker and The Pioneer newspapers the week of , 2016. 5 Council MINUTES OF THE Exhibit C ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. 9. #16-3865 CITY OF ORONO, TEXT AMENDMENT RELATED TO APPEALS, 8:58 P.M. — 9:08 P.M. Barnhart stated the proposed ordinance is a housekeeping measure based on the advice of the City Attorney and formally consolidates and clarifies the appeal process for a number of decisions made by City Staff, the Board of Appeals, and the City Council. The City currently has a number of areas in the Code where it lists appeals. In each situation, an opportunity to appeal that decision is allowed. The City's ordinance is somewhat cloudy since the different appeals go to different boards. As a result, Staff reviewed the appeal process allowed in the ordinance and developed an ordinance that would send the appeals to the Planning Commission first and then the City Council. On any appeal decision made by the City Council, that would be through the court process if the person wishes to pursue it further.. Barnhart noted Staff did not add any new opportunities for appeal but just clarified them and that the changes are summarized in Staff memo. The draft ordinance also establishes the Planning Commission as the Board of Appeals for appeals to the subdivision process. In addition, the ordinance does require an aggrieved person to file an appeal within 10 days. Currently the ordinance is open-ended and technically someone could appeal a decision made ten years ago. Barnhart stated in his experience ten days is pretty common and gives people the right to appeal, which is a fundamental right. Staff recommends approval of the ordinance as written based on the advice of the City Attorney. Schoenzeit asked if everything goes to the City Council. Barnhart stated some appeals go to the City Administrator, such as false alarm penalties, permit revocations, special permits, and some business license appeals. The Planning Commission will review appeals relating to zoning issues and subdivisions. Chair Thiesse opened the public hearing at 9:05 p.m. Page 1 of 2 MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 9:05 p.m. Gaffron asked if a neighbor can appeal the decision. Barnhart stated any person that is aggrieved can appeal and Staff can appeal a decision. That appeal would now need to be made within 10 days of the decision. Schwingler asked if the neighbor next door to the marina could appeal. Barnhart stated they could appeal but they would have to prove that the approval was not following City ordinances. Thiesse asked if this would change the timing on when paperwork is sent out. Barnhart indicated Staff is implementing a 10 -day waiting period. Schwingler asked if the City sees many appeals currently. Barnhart indicated on variances the City does not. Olson moved, Leskinen seconded, to recommend approval of Application No. 16-3865, City of Orono, Text Amendment Related to Appeals. VOTE: Ayes 6, Nays 0. Page 2 of 2 REQUEST FOR COUNCIL ACTION DATE: October 10, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"_4 City Administrator's Report Title City Administrator Item Description: Agenda Topics or Requests I've received concerns and questions from time to time on how items get placed onto an agenda. Issues such as drop houses and wind turbines have required our immediate attention in the past year but other issues such as short-term rentals, treatment centers and structural lot coverage have popped up outside of priorities for ordinance amendments established at the annual joint meeting in November with the Planning Commission. Some consideration is always needed for workloads/time management for council/staff and controlling agendas without a majority. In strict terms, it takes a majority of the council to approve or deny an item from the agenda. Our city code states staff will prepare a draft agenda of routine business and the council shall approve/deny the agenda at the beginning of each meeting. The council can vote to add items to future agendas with a simple majority. I'm requesting council direction on these discussion questions: 1. Does the Council want to abandon the process we established with staff and Planning Commission to review ordinances or do we want to start in a new direction? If so, how should that be done? 2. Is the Mayor/Council report the proper forum for adding new ordinance/agenda items? Do we need to acknowledge that an item is not approved simply by mentioning it? 3. Does the Council want to see a vote taken before a new topic (non -routine) is added? For example, when we talk about issues at Mayor/Council Reports is there confusion with new topics getting consensus via silence? Do we need to be more active about asking each member for their audible support or requiring a vote? 4. Are councilmembers allowed to request an item be added to the work session topic list without a vote then they can request approval/consensus under "future work session topics" with the majority agreement to place it onto the next agenda? 5. Should we add a "New Business" section to our regular agenda? This would allow any councilmember to present a new topic or raise issues that are not included on the agenda. It would be discussed near the end of the meeting after finishing all other agenda items. The Mayor would ask "Is there any new business?" If the issue is brief, these new business items may be finished or resolved quickly. If not, they may be added for an upcoming meeting via majority vote to allow for information gathering or further thought. COUNCIL ACTION REQUESTED: Consider a motion directing staff on how to move forward. Department Approval: Name Ron Olson Title Finance Director REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"-4 Item Description: Appointment of Accountant DATE: October 5, 2016 ITEM NO: 14 Agenda Section: City Administrator's Report The selection process for the Accountant position has been completed. A total of 13 applications were received. After an initial review of the applications, five applicants were selected to be interviewed. The top candidate for the position is Danielle Amira. Danielle has been employed as an accountant by Sibley County since November of 2014. Prior to working for the county, she was employed by the University of Minnesota where she progressed from a Principle Accounts Specialist, to an Executive Accounts Specialist, and finally to an Accountant I position in her five years of employment. Her work experience compares very favorably to the duties of the Accountant position. She also has experience presenting financial information to the County Board during their board meetings. Danielle will be a great asset for the Finance Department and the City. Staff is recommending the hiring of Danielle with at the starting step of level 10 ($55,894.94) of the City's pay scale. This is a full time position and is eligible for full city benefits including enrollment in the Coordinated Plan of the Public Employees Retirement Association (PERA). COUNCIL ACTION REQUESTED: Motion to approve the appointment of Danielle Amira to the position of Accountant at the starting step of level 10 of the pay scale with a starting date of October 17th. REQUEST FOR COUNCIL ACTION Date: October 10, 2016 Item No. 15 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson — 311YO Y"-4 City Administrator's Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 106040 to 106035, totaling $370,779.62. Noteworthy payments include: COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. Payment for work completed to date on the Mark Traut Wells Inc $ 229,947.00 new well number 4. Project was approved on 6/27/16. Northern Specialties $ 32,480.00 Payment for fencing materials that have been delivered to Lurton Park. The Gillespie Center $ 9,500.00 Annual payment for services provided to Orono residents. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Police Department 335.40 A 1 RENTAL 10/10/2016 106043 120142 101-43000-212 LP PROPANE Total 106043: 608.12 608.12 Sewer 87.75 ADVANCED IMAGING SOLUTIO 10/10/2016 106044 314037391 101-41900-413 copier lease 9/20 to 10/20 and overage Total 106044: 62.79 Parks 160.00 Parks 160.00 ADVANCED IMAGING SOLUTIO 10/10/2016 106045 314073313 101-42110-413 pd copier lease 9/20 to 10/20 Total 106045: 62.50 792.79 Public Works Department 134.40 AFTERMATH 10/10/2016 106046 JC2016-5363 101-42110-402 bio -hazard clean up Total 106046: AMERICAN TIRE DISTRIBUTOR 10/10/2016 106047 5080863476 101-42110-402 4 tires Total 106047: BATTERIES PLUS 10/10/2016 106048 021-355756 602-49450-223 swr lift back up batteries Total 106048: BERTELSON ONE SOURCE 10/10/2016 106049 WO -231996- 101-41900-201 office supplies Total 106049: BIFFS INC 10/10/2016 106050 W600798 101-45210-415 Orono Golf Course BIFFS INC 10/10/2016 106050 W611795 101-45200-415 Bederwood park BIFFS INC 10/10/2016 106050 W611796 101-45200-415 Summit beach BIFFS INC 10/10/2016 106050 W611797 101-45200-415 HackberryPark BIFFS INC 10/10/2016 106050 W611799 101-45200-415 Crystal Bay Playground BIFFS INC 10/10/2016 106050 W611800 101-45200-415 Navarre Playground BIFFS INC 10/10/2016 106050 W611801 101-45200-415 French Creek Park Preserve Total 106050: BOYER FORD & TRUCK 10/10/2016 106051 1092737 101-43000-222 passenger side step Department Invoice Amount Public Works Department 126.75 126.75 Central Services 2,171.38 2,171.38 Police Department 335.40 335.40 Police Department 245.00 245.00 Police Department 608.12 608.12 Sewer 87.75 87.75 Central Services 800.32 800.32 Golf Course 62.79 Parks 160.00 Parks 160.00 Parks 125.00 Parks 62.50 Parks 160.00 Parks 62.50 792.79 Public Works Department 134.40 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 106051: BRENT & SUSAN FISCHER 10/10/2016 106052 10032016 101-22205 escrow refund#2016-01027 Total 106052: BUDGET PRINTING 10/10/2016 106053 2352-1 601-49400-322 shipping BUDGET PRINTING 10/10/2016 106053 2732-1 601-49400-322 shipping Total 106053: CARDMEMBER SERVICE 10/10/2016 106054 CF091416 101-42110-402 carwashes CARDMEMBER SERVICE 10/10/2016 106054 DT0916 101-41110-439 food for worksession- CARDMEMBER SERVICE 10/10/2016 106054 JL0916 101-42110-439 JL -meeting expense CARDMEMBER SERVICE 10/10/2016 106054 JL09302016 101-41300-489 emp welcome CARDMEMBER SERVICE 10/10/2016 106054 R009232016 101-42400-433 membership CARDMEMBER SERVICE 10/10/2016 106054 RP102016 101-42400-437 conference registration- RP CARDMEMBER SERVICE 10/10/2016 106054 RP171458 101-42400-437 conference registration- RP Total 106054: Center for Education & Employme 10/10/2016 106055 07065339 101-42110-433 desktop public law&report Total 106055: CENTERPOINT ENERGY MAIN 10/10/2016 106056 08192016 101-42110-381 08/19 to 9/19 CENTERPOINT ENERGY MAIN 10/10/2016 106056 08192016 601-49400-381 08/19 to 9/19 CENTERPOINT ENERGY MAIN 10/10/2016 106056 08192016 602-49450-381 08/19 to 9/19 CENTERPOINT ENERGY MAIN 10/10/2016 106056 08192016 101-41900-381 08/19 to 9/19 CENTERPOINT ENERGY MAIN 10/10/2016 106056 08192016 101-45210-381 08/19 to 9/19 Total 106056: CENTURY LINK 10/10/2016 106057 09192016 101-45210-321 GC phone/dsl Total 106057: CHUNKS LAKESHORE AUTO 10/10/2016 106058 0014161 101-42110-402 #843 oil change & service CHUNKS LAKESHORE AUTO 10/10/2016 106058 0014165 101-42110-402 #247 oil change & service Department Invoice Amount Water Water Police Department Mayor & Council Police Department Administration Building & Zoning Building & Zoning Building & Zoning Police Department Police Department Water Sewer Central Services Golf Course Golf Course Police Department Police Department 134.40 2,500.00 2,500.00 11.97 23.96 20.00 229.50 12.20 43.95 85.00 445.00 110.00 945.65 254.95 508.50 187.84 97.12 16.93 48.96 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CHUNKS LAKESHORE AUTO 10/10/2016 106058 0014174 101-42110-402 #238 oil change & service Police Department 62.57 CHUNKS LAKESHORE AUTO 10/10/2016 106058 0014175 101-42110-402 #242 oil change & service Police Department 74.03 Total 106058: 425.41 CLINT SCHUMANN 10/10/2016 106059 09212016 101-43000-226 safety shoe reimbursement Public Works Department 175.00 Total 106059: 175.00 CRAIG SCHERBER & ASSOCIA 10/10/2016 106060 09302016 101-22205 Escrow refund #2015-00814 2,500.00 Total 106060: 2,500.00 DIAMOND MOWERS INC. 10/10/2016 106061 0116594 -IN 101-43000-403 flail mower, #450 parts Public Works Department 102.88 Total 106061: 102.88 EARL F ANDERSON & ASSOC 10/10/2016 106062 0112279 -IN 101-43000-224 street signs Public Works Department 671.50 EARL F ANDERSON & ASSOC 10/10/2016 106062 0112450 -IN 101-43000-224 street signs Public Works Department 419.50 Total 106062: 1,091.00 ECM PUBLISHERS INC 10/10/2016 106063 409384 101-41900-352 legal ads Central Services 250.32 ECM PUBLISHERS INC 10/10/2016 106063 409683 101.41900-352 lift station bids Central Services 310.76 ECM PUBLISHERS INC 10/10/2016 106063 409685 101.41900-352 PC ad Central Services 83.44 Total 106063: 644.52 ESS BROTHERS & SONS 10/10/2016 106064 VV7407 651-49910-406 stormsewer grate Storm Water 176.00 Total 106064: 176.00 EXPRESS EMPLOYMENT PROF 10/10/2016 106065 17871322-8 101-41300-489 temp help/staff development Administration 105.00 Total 106065: 105.00 FERGUSON ENTERPRISES INC 10/10/2016 106066 0216296 601-49400-227 meter parts Water 620.10 Total 106066: 620.10 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Description Department Central Services GREGORY WAGENER Check Check Invoice Invoice GL Account Escrow refund #2015-00902 Payee Issue Date Number Number 101-41900-321 Phone Service FINANCE AND COMMERCE 10/10/2016 106067 742946232 101-41900-352 lift station II -bids Total 106067: 10/10/2016 106075 14161305 602-49450-321 Phone Service G & K SERVICES 10/10/2016 106068 1006111553 101-43000-226 uniform G & K SERVICES 10/10/2016 106068 1006111553 101-41900-404 mat Total 106068: 10/10/2016 106073 09302016 101-22205 Escrow refund#20158-01435 GENUINE PARTS COMPANY/NA 10/10/2016 106069 334765 101-43000-402 trk#424 GENUINE PARTS COMPANY/NA 10/10/2016 106069 335444 101-43000-489 supplies GENUINE PARTS COMPANY/NA 10/10/2016 106069 336206 101-45210-212 supplies Total 106069: Description Department Central Services GREGORY WAGENER 10/10/2016 106070 10032016 101-22205 Escrow refund #2015-00902 Total 106070: 10/10/2016 106075 14161305 101-41900-321 Phone Service GRONBERG & ASSOCIATES 10/10/2016 106071 11591 101-43290-800 Navarre Heights Total 106071: 10/10/2016 106075 14161305 602-49450-321 Phone Service GUY MILIREN 10/10/2016 106072 09302016 101-22205 Escrow refund#16-3835 Total 106072: HARRY & BELLE YAFFE 10/10/2016 106073 09302016 101-22205 Escrow refund#20158-01435 Total 106073: HUELIFE LLC 10/10/2016 106074 564 101-41300-437 training J. Loftus_ Total 106074: Public Works Department Central Services Public Works Department Public Works Department Golf Course Special Projects -Contingencies Administration Invoice Amount 250.73 23.18 5.49 39.89 2,500.00 3,000.00 3,000.00 700.00 700.00 2,500.00 2,500.00 250.00 250.00 INTEGRA TELECOM Police Department 297.12 Central Services 415.97 Water 69.33 Sewer 207.99 10/10/2016 106075 14161305 101-42110-321 Phone service INTEGRA TELECOM 10/10/2016 106075 14161305 101-41900-321 Phone Service INTEGRA TELECOM 10/10/2016 106075 14161305 601-49400-321 Phone Service INTEGRA TELECOM 10/10/2016 106075 14161305 602-49450-321 Phone Service City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Department Invoice Amount 990.41 10,000.00 10,000.00 Sewer Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 960.00 Police Department 8.04 8.04 Law/Legal Services 513.25 Total 106075: 513.25 Building & Zoning 284.04 Building & Zoning 380.00 INTERNATIONAL MINISTERIAL 10/10/2016 106076 10032016 101-22205 Escrow refund#2015-00719 Total 106076: 124.00 124.00 Police Department 133.00 INTERSTATE POWERSYSTEMS 10/10/2016 106077 R001117252: 602-49450-403 low temp alarm repair Total 106077: JACKIE YOUNG 10/10/2016 106078 09302016 101-45200-319 Park Commission 7/05/16 JACKIE YOUNG 10/10/2016 106078 09302016 101-41300-319 CC meeting JACKIE YOUNG 10/10/2016 106078 09302016 101-42400-319 PC meeting Total 106078: JANE SZCZEPANIK 10/10/2016 106079 09202016 101-42110-437 training Total 106079: JEFFREY W. LAMBERT P.A. 10/10/2016 106080 09282016 101-41600-306 conflict prosecution Total 106080: JEREMY BARNHART 10/10/2016 106081 07192016 101-42400-331 mileage JEREMY BARNHART 10/10/2016 106081 07192016 101-42400-437 training Total 106081: KIRBY BUILT SALES 10/10/2016 106082 KB00004495 101-45200-489 Bronze plaques for donated items Total 106082: KUSTOM SIGNALS INC 10/10/2016 106083 532637 101-42110-221 remote Total 106083: L-3 COMMUNICATIONS 10/10/2016 106084 0245676 -IN 101-42110-221 mount antenna Department Invoice Amount 990.41 10,000.00 10,000.00 Sewer 433.07 433.07 Parks 165.00 Administration 555.00 Building & Zoning 240.00 960.00 Police Department 8.04 8.04 Law/Legal Services 513.25 513.25 Building & Zoning 284.04 Building & Zoning 380.00 664.04 Parks 142.26 142.26 Police Department 124.00 124.00 Police Department 133.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Sewer 32,877.48 32,877.48 Parks 2,225.00 2,225.00 Total 106084: 68.25 68.25 Central Services 790.59 LONG LAKE FIRE RELIEF ASSO 09/30/2016 201300 TOURNAME 101-42110-437 Trap Shooting Total 20130078: LONG LAKE TRUE VALUE 10/10/2016 106085 B356557 101-41900-404 supplies Total 106085: MARK J TRAUT WELLS INC 10/10/2016 106086 PAY #1 601-16500 RFP#1 MARK J TRAUT WELLS INC 10/10/2016 106086 PAY #1 602-20600 RFP#1 MARK TRAUT WELLS INC 10/10/2016 106086 PAY#2 601-16500 RFP#2 MARK J TRAUT WELLS INC 10/10/2016 106086 PAY#2 602-20600 RFP#2 Total 106086: MEDIACOM 10/10/2016 106087 09212016 101-42110-329 internet MEDIACOM 10/10/2016 106087 09212016 101-41900-329 internet MEDIACOM 10/10/2016 106087 09212016 614-49840-329 internet MEDIACOM 10/10/2016 106087 09262016 101-45210-415 GC cable Total 106087: MET COUNCIL ENVIRONMENTA 10/10/2016 106088 0001060061 602-49450-383 Nov wastewater service Total 106088: MEYERS OUTDOOR SERVICES 10/10/2016 106089 4461 101-45200-404 Sept service Total 106089: MINNESOTA EQUIPMENT 10/10/2016 106090 P18617 651-49910-402 PART FOR TEE MOWER Total 106090: MINUTEMAN PRESS 10/06/2016 106041 10062016 101-41900-352 fall newsletter -postage Department Invoice Amount Central Services 133.00 Police Department 300.00 Golf Course 300.00 Central Services 23.77 8,087.35- 229,947.00 Police Department 296.75 Central Services 296.75 Cable Franchise 593.50 Golf Course 14.68 1,201.68 Sewer 32,877.48 32,877.48 Parks 2,225.00 2,225.00 Storm Water 68.25 68.25 Central Services 790.59 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106041: 790.59 MN DEPT OF HEALTH 10/10/2016 106091 092016 601-20802 3rd qtr Water test fee 1,622.00 Total 106091: 1,622.00 MN DEPT OF TRANSPORTATIO 10/10/2016 106092 P00006425 402-48056-590 material testing Watertown Rd Watertown Road 65.72 Total 106092: 65.72 MN NCPERS GROUP LIFE INS 10/10/2016 106093 09232016 101-21710 Pera life 10/16 224.00 Total 106093: 224.00 MORRIES BODYWORKS 10/10/2016 106094 BSCB961519 101-42110-402 #229 tear down Police Department 120.00 Total 106094: 120.00 MORRIES PARTS AND SERVIC 10/10/2016 106095 544314 101-42110-402 #238 seatbelt Police Department 109.59 Total 106095: 109.59 MOUND TRUE VALUE 10/10/2016 106096 138265 101.42110-402 parts Police Department 16.40 MOUND TRUE VALUE 10/10/2016 106096 138287 101-42110-402 return socket Police Department 7.99 - Total 106096: 8.41 NAVARRE HARDWARE 10/10/2016 106097 297423 101-45210-223 supplies Golf Course 21.98 NAVARRE HARDWARE 10/10/2016 106097 297486 101-45200-489 supplies Parks 17.46 NAVARRE HARDWARE 10/10/2016 106097 297487 101-41900-489 supplies Central Services 52.86 Total 106097: 92.30 NEOPOST USA INC 10/10/2016 106098 14954580 101-41900-201 Labels & ink cartridge Central Services 362.00 Total 106098: 362.00 NORTHERN SPECIALITIES INC 10/10/2016 106099 00065468 225-45200-530 Lurton Park Fence 32,840.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 144.20 Cable Franchise 455.00 455.00 Sewer 109.50 Total 106099: 109.50 Golf Course 59.18 Parks 349.38 OFFICE DEPOT 10/10/2016 106100 8668908640 101-41900-201 ofice supplies OFFICE DEPOT 10/10/2016 106100 8668909260 101-41900-201 office supplies OFFICE DEPOT 10/10/2016 106100 8668909270 101-41900-201 office supplies Total 106100: OKEY, DAPHNE 10/10/2016 106101 09292016 614-49840-319 meeting video production 7/11 to 9/12 Total 106101: PIRTEK 10/10/2016 106102 S2355670.00 602-49450-222 repair parts Total 106102: RANDYS SANITATION INC 10/10/2016 106103 10172016 101-45210-404 Aug service RANDYS SANITATION INC 10/10/2016 106103 10172016 101-45200-404 Aug service RANDYS SANITATION INC 10/10/2016 106103 10172016 101-41900-404 Aug service Total 106103: REVISION LLC 10/10/2016 106104 09302016 101-22205 Escrow Refund # 2016-3839 Total 106104: ROGER PEITSO 10/10/2016 106105 10042016 101-42400-331 mileage Total 106105: ROGER RILEY 10/10/2016 106106 10032016 101-22205 Escrow refund #2016-00928 Total 106106: ROSS & CHRISTINE RIFKIN 10/10/2016 106107 10032016 101-22205 Escrow Refund#2014-01234 Total 106107: SCHWAAB INC 10/10/2016 106108 1615607 101-41900-201 stamp Department Invoice Amount 32,840.00 Central Services 89.94 Central Services 29.08 Central Services 25.18 144.20 Cable Franchise 455.00 455.00 Sewer 109.50 109.50 Golf Course 59.18 Parks 349.38 Central Services 256.71 Building & Zoning 11.00 11.00 2,500.00 Central Services 65.23 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Department Invoice Amount Police Department 65.23 2,475.00 Parks 49.55 49.55 700.00 700.00 1,426.31 392.51 Public Works Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 37.67 377.99 Police Department 244.00 Total 106108: SECURITY & SOUND CO 10/10/2016 106109 17089 101-42110-404 parking gate camera SECURITY & SOUND CO 10/10/2016 106109 17089 703-49960-379 power issue Total 106109: SELECT ACCOUNT 10/10/2016 106110 09272016 101-21719 FLEX Total 106110: SHERWIN WILLIAMS 10/10/2016 106111 OE0154415 101-45200-223 paint for signs Total 106111: STEPHEN KENNEDY 10/10/2016 106112 10032016 101-22205 Escrow Refund#2016-00507 Total 106112: SUN LIFE FINANCIAL 10/10/2016 106113 102016 101-21710 Life Insurance Oct SUN LIFE FINANCIAL 10/10/2016 106113 102016 101-21713 LTD OCT SUN LIFE FINANCIAL 10/10/2016 106113 102016 101-21714 STD Oct Total 106113: TEAM LABORATORY CHEMICA 10/10/2016 106114 INV0003511 101-43000-222 supplies Total 106114: THE GILLESPIE CENTER 10/10/2016 106115 09222016 101-41800-490 2016 services Total 106115: THE HOME DEPOT 10/10/2016 106116 2808000271 101-43000-240 shop supplies THE HOME DEPOT 10/10/2016 106116 2808000271 101-41900-404 finance charge & other Total 106116: THELEN HEATING & ROOFING 1 10/10/2016 106117 3094 101-42110-404 ac repair Department Invoice Amount Police Department 65.23 2,475.00 Parks 49.55 49.55 700.00 700.00 1,426.31 392.51 Public Works Department 202.50 202.50 Human Services 9,500.00 9,500.00 Public Works Department 340.32 Central Services 37.67 377.99 Police Department 244.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 9/27/2016 - 10/10/2016 Oct 06, 2016 12:07PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106117: 244.00 TRUE VALUE HARDWARE 10/10/2016 106118 B356318 101-43000-489 supplies Public Works Department 6.49 Total 106118: 6.49 UNITED STATES POSTAL SERV 10/06/2016 106042 10062016 651-49910-322 3rd Qtr Utility Bills Storm Water 310.26 UNITED STATES POSTAL SERV 10/06/2016 106042 10062016 601-49400-322 3rd Qtr Utility Bills Water 56.42 UNITED STATES POSTAL SERV 10/06/2016 106042 10062016 602-49450-322 3rd Qtr Utility Bills Sewer 310.26 Total 106042: 676.94 VACKER INC 10/10/2016 106119 1607 101-45200-225 park signs Parks 314.00 Total 106119: 314.00 WAYZATA BAY CAR WASH 10/10/2016 106120 08022016 101-42110-402 car washes Police Department 21.40 Total 106120: 21.40 WESTSIDE WHOLESALE TIRE 10/10/2016 106121 776063 101-43000-403 chipper tires Public Works Department 303.02 Total 106121: 303.02 WINDSTREAM 10/10/2016 106122 68507128 601-49400-321 water plant phone Water 113.38 Total 106122: 113.38 ZARNOTH BRUSH WORKS 10/10/2016 106123 0161846 -IN 651-49910-402 broom for JD sweeper Storm Water 454.00 Total 106123: 454.00 Grand Totals: 370,779.62