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RESOLUTION OF THE CITY COUNCIL NO. J 6 9 CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for Michael Steadman on behalf of Irwin Jacobs, et al, for a 4 -lot residential plat per the Preliminary Plat survey and drawings by Mark S. Gronberg of Gronberg & Associates, Inc., revisions dated 09/11/15 attached hereto as Exhibit B, subject to the following conditions and revisions: The portion of the property between Shoreline Drive and Smiths Bay shall be platted as one outlot, to be shown as Outlot A. Outlot A shall remain in common ownership with proposed Lot 4 and shall be allowed as lake access for Lot 4, subject to the pertinent regulations of the City of Orono and the Lake Minnetonka Conservation District. 2. Developer shall be required to implement and adhere to the recommendations contained within the Conservation Design Master Plan, which will be incorporated into the Development Agreement unless incorporated into the recorded development covenants. Permanent markers of a design and material acceptable to the City shall be placed at all all comer points to demarcate the Tree Preservation Areas. Tree Preservation Areas within individual lots shall be surveyed and located on a plat drawing with private covenants specifically providing for the preservation of these areas. Such covenants shall include limitations on the location of homes, accessory buildings, driveways and ancillary facilities, and shall establish requirements for the replacement of trees as specified in the Conservation Design Master Plan. 3. All areas delineated as wetlands as shown on the preliminary plat drawing shall be subject to the City's standard Wetland Conservation and Flowage Easement to be granted by the Developer. The Developer is advised that the City -required minimum setbacks from the delineated wetland boundaries and from MCWD-imposed wetland buffers shall be adhered to. Subject to MCWD approval with regard to potential mitigation requirements, the City will grant approval for the proposed deminimus filling of wetland and removal of the filled wetland from the Wetland Overlay District per Zoning Code Sections 78-1609/1610 to accommodate the road extension. 4. Vehicular access to Lots 1, 2 and 3 shall be as via an extension of Heritage Lane ending in a new cul-de-sac, to be constructed by the Developer. Individual driveways extending from the new cul-de-sac shall provide access to individual homes. The road extension and new cul-de-sac shall be constructed to City standards per plans to be approved by the Final 12/15/15 (v7) MPG Page 7 of 12