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Home My WebLink AboutResolution 5300 � � � � O� '• . O � - � C ITY of ORONO � - � ��, ti � ti RESOLUTION OF THE CITY COUNCIL ��`�k'EsII�g'�G NO. �!i �'�' (�'► QA . Draft#3 4-21-05 A RESOLUTION GRANTING PRELIMINA,RY PLAT APPROVAL AND A.PPROVING THE FINAL PLAT OF STONEBAY SECOND ADDITION - FILE#OS-3081 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 subdivision and land' development regulations for the orderly, economic and safe development of land within the City; and � WHEREAS, the City Council has considered the application by OC Development, LLC, a Minnesota lirnited liability company (hereinafter "Developer") and John Terrance Homes, LLC, a Minnesota limited liability company, for subdivision and development by the Planned Unit Development process of property located at 2670 Kelley Parkway and legally described as follows: Outlots E and F, STONEBAY,Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, on January 27, 2003 the City Council adopted Resolution No. 4915 . granting General Development Plan Approval for Planned Unit Development No. 4 (PUD Nb. 4), and on April 28, 2003 the City Council adopted Final Plat Approval Resolution No. 4955, � which approvals included the following elements: . 1. Creation of the plat of STONEBAY including Lots, Blocks, and Outlots for immediate and future phased development for residential and non-residential uses; 2. Rezoning of the portion of property north of Kelley Parkway to RPUD Residential Planned Unit Development District; 3. Establishment of conditions for development within PUD No. 4; and `� WHEREAS, the Developer has agreed to execute the Planned Unit Development ' No. 4B Agreement and PUD/Development Contract (collectively the "Agreement") which sets forth terms and conditions for the development of that element of PUD No. 4 kn.own as the � Stonebay Lofts which encompasses Outlot E and a portion of Outlot F of STONEBAY; and .� . � � O� � • O � O � CITY of ORONO ,� , � ti � ��L �Gti RESOLUTION OF THE CITY COUNCIL `�kESI'iUg' NO. _ c�..5i .�'�i � � � WHEREAS, the Developer has submitted preliminary plat and final plat drawings for a re-plat of Outlots E and F, STONEBAY, to create a new plat entitled STONEBAY SECOND ADDITION comprised of Lot 1, Block 1, for the purpose of construction of the Stonebay Lofts, and Outlot A, for the purpose of future residential development only upon further subdivision approval to convert Outlot A to a buildable Lot, as . approved in PUD No. 4; and WHEREAS, the Developer has completed or has agreed to complete all other � requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 4915. 2. Dedication on the plat of perimeter Drainage and Utility Easements for proposed Lot 1, Block 1. • 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, subject to the existing Flowage and Conservation Easement over said wetlands. . 4. Submittal of Minnehaha Creek Watershed District (MCWD)permit approving the grading and stormwater management facilities plan for further development of the Property. � . 6. Payment to the City of Development Fees as enumerated in Resolution No. 5299 Granting General Development Plan Approval for Planned Unit Development No. 4B. 7. Payment to the City for the legal review and filing of the plat documents, � agreements, easements and covenants in the amount of$280.00 plus incurred review and filing costs. � 8. Payment of the Final Plat Review Fee in the amount of $250.00 plus incurred legal, engineering and planning consultant charges. . 9. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 10. Subsequent creation and provision to the City of the Declaration for Stonebay • Lofts. � � Page 2 of 4 �, o.�,. . � . • o ° � �� C ITY of ORONO � � - ; � � ti �',�� G'�' RESOLUTION OF TH�E�IT�Y COUNCI L `�kESI'i�g' NO. � . 11. Execution of the Agreement which sets forth terms and conditions for the development of Lot l, Block 1, STONEBAY SECOND ADDITION, providing for the installation of certain private improvements, and which Agreement documents the general and detailed conditions for use and development of the Property. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4915 and the additional findings noted herein, the City Council of the City of . Orono does hereby approve the plat of STONEBAY SECOND ADDITION, Hennepin County, Minnesota}subject to the following conditions: 1. Upon the final approval and execution of this Resolution and the Agreement, the City Council shall formally approve an ordinance to amend the Orono Zoning Code by adding language establishing Planned Unit Development No. 4B (PUD-4B) to include all portions of the Property. • 2. Upon approval of this Resolution and completion by the Developer of the requirements set forth.in this Resolution, the City Council shall direct the Mayor and Clerk to execute other documents required for PUD-4B (including said plat), subject to approval by the City Attorney. 3. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that: a) all requirements of the platting regulations have been satisfied; and b) the language and provisions of the Agreement have ,been found satisfactory to the City Attorney and has been formally executed by the Developer. 4. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before October 11, 2005 together with a certified original copy of this Resolution and executed copies of the Agreement, easements, and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or said 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 4 . � ,, .� . O� � • O >_, O S C ITY of ORONO � - � ..� � ti �� G'�' RESOLUTION OF THE CITY COUNCiL t`9k'EsH.�g'� No. � c� Q) � . Adopted by the City Council of Orono this l lth day of April, 2005. ATTEST: � . . . • r•.... � �� !✓ ' I/�-�i � Linda S. Vee, City Clerk . Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN • �, �e foregoing instrument was acknowledged before me on this �� day of , 2005 by Earbara A. ?etcrson, Mayor of the City of Orono, a Minnesota mumcipal corporation, and said instrument was executed on behalf of the City. a L''"��.G'.�.. `—G--2..�1': �C�G��i�-- RACHEL DODGE Notary Public � ' NOTARY PUBLIC-MINNESOTA � �.•,,;ti My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this o1�? �d day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal co oration}and said instrument was executed on behalf of the City. . ��Gt�l�i �!�z�C,c� ' ��: E3ARBARA G. SILUS Notary Public �,_�-.°,:� ,:;�,�� r:o�FSy Fuc�ic-ri,n�n�ro-rA '"� '' MY Canmissfon Expires J�n.31,2QOg _ • Page 4 of 4