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RESOLUTION OF THE CITY COUNCIL
���9kE fI�4��'� � NO. [� [�. � �_
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� A RESOLUTION APPROVING PRELIMINARY
ROAD PLAT FOR PROPERTY LOCATED AT
� 4575 WAYZATA BOULEVARD �
PID 30-118-23 310004
FILE NO. 2587
WHEREAS,Kris Rudd (hereinaf�er the"subdivider")on behalf of Richard R.Rudd, �
filed an application with the City of Orono (hereinafter"the City")requesting preliminary platting
of a section of public road easement located on property at 4575 Wayzata Boulevard. The properry
is legally described as follows:
The West Half of the West Half of the Northeast Quarter of the Southwest Quarter and the
east �148.50 feet of the Northwest Quarter of the Southwest Quarter all in Section 30,
Township 118, Range 23, Hennepin County, Minnesota.
(hereinafter "the property"); and
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WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 164 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning
Commission held a public hearing on May 15,2000, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS,at their regular meeting held on June 12,2000 the Orono City Council
considered the subdivision application of the subdivider noting the following findings of fact:
FTivDINGS
1. The property is located within the RR-lA Single Family Rural Residential Zoning
District requiring a minimum lot size of five acres dry buildable land.
2. The property contains less than 10 acres of dry buildable land and 473.11 feet lot
width.
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3. Subdivision of property in the RR-lA zoning district requires a minimum of 5 acres
of dry buildable land and 300 feet of width along a public road. Subdivision of the
property is not permitted based on the lot area and lot width requirements for the
zoning district.
4. Platting of the road would result in the lot remaining conforming for lot area and lot
width. �
5. Orono,Medina,Mn/DOT,representatives of the Burlington Northern Railroad and
adjacent property owners have been discussing providing access to several properties
in Orono that currently have direct access to Highway 12 over the Burlington
Northern railroad tracks. Access to the properties has been in place for many years
� and continued by a licence agreement between the railroad and the properties. The
railroad has indicated that their long range goal is to eliminate this crossing for safety
reasons.
• 6. The road layout indicates a road that will serve a proposed subdivision to the north
in Medina and provide access to the potentially landlocked properties in Orono. The
Medina property is zoned for single family residential use at a 30,000 s.f.minimum
lot size. The properties in Medina would be served with sewer and water which is
available in Townline Road. No utilities will be extended to properties in Orono as
the Comprehensive Plan has guided the properties for rural residential services.
7. The properties in Orono are not within the Metropolitan Urban Services Area
(MUSA), and therefore are not allowed to be provided with sanitary sewer service.
8. The proposed storm water management plan will include construction of a pond on
the 4575 Wayzata Boulevard lot. A MCWD permit will be required for the grading,
. storm water management and erosion control on the site,including the future lots in
Medina.
9. It is the intent of the subdivider to not file an application for a final plat approval in
Medina and/or Orono until 2003 due to fiznding availability from Mn/DOT.
10. Most of the proposed road is in Medina; therefore, it is appropriate to plat and
develop the right-of-way to standards in Medina to maintain consistency. Medina
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�,� G'ti RESOLUTION OF THE CITY COUNCIL
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will require a 60' right-of-way which is shown on the preliminary plan. The road
width and size of cul-de-sac will also be developed to standards set by the City of
Medina. The cul-de-sac shall be a minimum paved width of 80' and a minimum
right-of-way width of 100'.
11. Owners of property located at 4545 and 4301 Wayzata Boulevard require private
easements to provide access from the road to the properties. They would access the
proposed cul-de-sac via a private easement over the 4555 Wayzata Boulevard
property. Access to the 4301 Wayzata Boulevard lot would require a legal easement
over the property located at 4545 Wayzata Boulevard.
NOW, THEREFORE,BE IT RESOLVED,that based upon one or more of the
findings noted above,the City Council of the City of Orono hereby approves the preliminary road
plat application for Kris Rudd per the preliminary plat drawings by Otto Associates Engineers and
Land Surveyors,Inc., attached to this resolution as Exhibit A, subject to the following conditions:
• l. The storm water retention pond shall be developed to NiJRP standards and be
protected by granting of a drainage and utility easement to ensure the area will not
� be developed, and drainageways are protected.
2. The road shall be dedicated as a public road and developed to standards established
by the City of Medina, subject to a Developers Agreement to be executed between
the City and the developer. Road construction can begin as soon as the engineering
plans for the road as well as stormwater management plans have been approved by
the City, the Developers Agreement has been executed, and the final plat has been
recorded with Hennepin County.
3. Subdivider is hereby advised that the City will not grant final plat approval until the
MCWD has approved all grading and drainage improvements on the property.
4. The Council recognizes the applicants may not proceed with a final plat application
in Medina until 2003. Therefore the Council agrees to waive the one year
requirement for final approval, and agrees to extend the final plat application
deadline to December 31,2003. Should the subdivider fail to complete the filing of
the final plat application within the deadline,it shall be necessary for the subdivider
to file a new preliminary application with the City.
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RESOLUTION OF THE CITY COUNCIL
L�kES�I�4��' • NO. � L�. "���, .
5. Prior to Final Plat approval, a fmal grading, drainage and erosion control plan shall
be approved by the City Engineer.
Final Plat Submittals:
The following list of final submittals must be submitted to the Zoning Administrator two
weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the
month. These submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's
records and one for filing with Hennepin County)and one(1) copy reduced to 1" _
200'. Drawing to include:
a. Road platted per preliminary survey by Otto Associates Engineers and Land
Surveyors,Inc.
� b. Dedication of drainage and utility easement over the area of the NLTRP pond.
c. The naming of plat and public road.
Legal documents required:
a. Title information addressed to the City, acceptable to the City Attorney,
indicating ownership of the properry. All owners,mortgage holders or others
with property interest indicated therein shall sign the plat and all other
documents affected by such interest. �
� b. Signed and executed Developer's Agreement and letter of credit for approved
site improvements,landscaping and construction of private road(Outlot A),
stormwater and drainage facilities, etc.
c. Signed and executed Drainage Easements to be taken over drainageway and
detention areas within plat.
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�9kESH�4L�' � � NO. 4 � `� �
3. Fees to be paid: Total due: $400.00*
a. Final plat fee=$200.00
b. Lega1 review and filing fees for subdivision and associated documents=
$200.00
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 12th day of June,2000.
ATTEST: �
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G�2G�.� ' U,�.�—
• Linda S. Vee, City Clerk Gabriel bbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of June,
2000,by Gabriel Jabbour&Linda S. Vee,Mayor& City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City. �
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, Notary P ic �
`' "' MARY ANN JONNSON
,.sr �: NOTARY POg�.p��NNESOTq
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�'' ': �'�'�rrrtb�lon E�cpUes Jan.31,ZOQS
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