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Home My WebLink AboutResolution 7234III 11111111111111111111111111111111111 LAND TYPE Torrens (T) DOC NUM 5925476 Certified, filed and/or recorded on Mar 1, 2022 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Document Recording Fee Multiple Certificates Affected Fee Document Total Existing Certs 1479204, 1479206, 1485982 This cover sheet is now a permanent part of the recorded document. Pkg ID 2404542C $46.00 $40.00 $86.00 *04\JA)-114CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7234 kESHO�� A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR PENCE LANE 2ND ADDITION (FILE NO. LA21-000061) WHEREAS, on August 17, 2021 Paul Vogstrom, o/b/o William & Susan Dunkley and Eric and Elizabeth Vogstrom("owners"),applied for a preliminary and final plat for the property legally described as Lots 1 and 2,Block 1,Outlot A,Pence Lane Addition,Hennepin County,(hereinafter the"Property"); WHEREAS, on September 20, 2021, 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 the preliminary plat application were given the opportunity to speak thereon; and WHEREAS, on September 20, 2021, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on October 11, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS,the City staff have reviewed the plat,attached as Exhibit A and found it consistent with applicable city of Orono Ordinances and regulations; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested Preliminary Plat and Final Plat as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000061. The 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. 1 g.OI\,O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 7234 i QSHos3" 2. The Property is located in the LR-1B Zoning District. 3. The property is guided for Low Density Residential in the 2040 Community Management Plan. 4. The Property contains 4.57 acres (199,260 sq. ft.) in area. 5. The properties currently are divided into two buildable lots and an outlot. 6. The parcel will be platted into 2 buildable lots and one outlot. All buildable lots conform to the size requirements of the city code. 7. The Developer has prepared plans to construct a private cul de sac at the southern terminus of Pence Lane, a private road. 8. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP)has no current plans for parks that specifically require dedication of park land from this property. 9. The property was previously platted as Pence Lane Addition in 2018(LA18-000092).This approval was granted as part of Resolution 6918. The property owner wishes to revise the conditions applicable to the properties, specifically those related to access restrictions for lots 1 and 2. CONCLUSIONS, ORDER AND CONDITIONS: 1) Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. 2) Approval is subject to City Engineer final approval of construction drawings;the final plat shall not be released for recording without City Engineer approval. 3) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place and approved prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 2 *Dri\jrvillt„0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y �: - NO.. 7234 k£SHOv The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Owners shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 5) Upon evidence of resettlement history, the Owners shall cease all activity and contact the City and the State Historical Preservation Office prior to proceeding. 6) Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 7) Easements Required. a. Private Road Access Easement and Maintenance Agreement for the Cul-de-Sac. 8) Development Fees: (a) Not applicable. There are no development fees due with this plat. 9) This approval is based upon the known issues that may affect this project,but this approval does not limit the City from revising or amending these conditions as the review process continues. 10)Council approval is based on the entire record, above Findings. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 11)Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by recording the Final Plat within one year of the date of Council approval.If Final Plat has not been recorded by October 11,2022,the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend the effective period of the approval. FINAL SUBMITTALS: Owners shall complete all requirements prior to the release of the Final Plat as follows. The City Attorney's Office will record the plat. These submittals are as follows: 3 g0�0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �F �,4' NO. 7234 `�'ESHO�� 1. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners,mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Owners must provide certified copies of all recorded easements currently affecting the Property. c. Signed Developers Agreement and Security for construction of development improvements. The City Engineer shall confirm the amount to be provided in the Security. d. Access easements shall be provided over Outlot A benefitting proposed Lots 1, 2 and 2715 Pence Lane. e. A Drainage and Utility easement shall be dedicated to the public on the plat over the storm water pond area and storm water facilities. f. A Drainage Easement shall be granted over wetlands on the Property. g. Private Road Access Easement and Maintenance Agreement for Outlot A. 2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Owners to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to demolition, grading, erosion control, utilities, cul de sac construction, and the applicant shall provide to the City a financial guarantee of 125%of the improvement costs. 3. Plat approval fees to be paid: Total due: $0.00 a. Park Dedication Fee:N/A b. Stormwater and Drainage Trunk Fee: N/A 4. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4 *j_kti..,6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL -SNNO. 7234 kESHo ADOPTED by the Orono City Council on this 6th day of December, 2021. ATTEST: CITY OF ORONO: ,iir _/11/,‘A ' ' tire_! nna Carlson, City Clerk Dennis Walsh,Mayor 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 723 4 4kES H O0' Exhibit A Legal Description Lots 1 and 2, Outlot A, Pence Lane Addition 6