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10.Concurrent with the subdivision application, the subdivider has also submitted <br />29 unit townhomean application for a Planned Residential Development for a ! <br />development; and ^ <br />^!ty errored in - its compliance with Minnesota StatutesWHEREAS, the <br />requiring action on an application within sixty (60) days unless the City extends the review <br />period in writing; and <br />WHEREAS, an order by Charles Porter, Jr., Fourth District Court has required <br />the City to approve a preliminary plat and planned residential development without the ability <br />to work with the applicant to address concerns such as the need for a second access onto <br />County Road 15; ^ \ <br />A 0^-^, <br />2.Sanitary sewer and water main designs shall be provided with the final plat set <br />to be reviewed by the City Engineer. Service locations should be shown on the <br />final plans with sanitary services located 3' downstream from water services. <br />Sanitary sewer and water flow capacities meet all requirements. <br />Page 4 of 11 <br />•) '^0W,'^fHER^0WE, BE IT RESOLVED, that based upon one or more of j <br />the findings noted above, the City Council of the City of Orono hereby approves the <br />preliminary plat and planned residential development for Brook Park Realty/Tonka Venture for <br />the property located at 3700-3760 Shoreline Drive per the survey dated 9-25-97 and most <br />revised on 2-4-99 by Westwood Professional Services, Inc., for a 29 unit townhome <br />development, subject to the following conditions: ^ ^ ^ ^ <br />1 . The Department of Natural Resources (DNR) should be asked to determine the <br />Ordinaiy High Water Level (OHWL) of Basin 27-914W. The proposed roadway <br />will need to be realigned if any portion encroaches below the OHWL. A formal <br />wetland delineation should be conducted to determine the extent of the Wetland <br />Conservation act (WCA) wetlands.