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Home My WebLink About#4333-CUP/final plat/PRD-1999 . r // O � � O O , CITY of ORONO � F �',� G'� RESOLUTION OF THE CITY COUNCIL �9kESH04�' NO. 4 e� `e� 3 2308fn14.wpd A RESOLUTION APPROVING A CONDITIONAL USE PERNIIT FOR PLANNED RESIDENTIAL DEVELOPMENT AND APPROVI�IG THE PLAT OF LAKE MINNETONKA WOODS FILE NO. 2308 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 has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS,the City Council has considered the application for a 29-unit Planned Residential Development subdivision by Brook Park Realty, LLP, the applicant, and Tonka Ventures, LLC,the property owner (hereinafter"the subdivider"); and `VHEREAS,the applicant claimed that the City erred and sued in District Court for compliance with Minnesota Statutes 15.99,requiring action on an application within sixty(60)days unless the City extended the review period in writing; and `YHEREAS,an order by Judge Charles Porter,Jr.,Fourth District Court required the City to approve a preliminary plat and planned residential development without the ability to work with the applicant to address concerns such as the need for a second access onto County Road 15; and WHEREAS,the subdivision has been found to meet all standazds of the LR-1C-1, Lakeshore Residential Zoning Subdistrict, and the configuration and layout would allow its use for development of 29 townhome units wzthout the need of any variances; and `VHEREAS, the subdivider has completed all requirements of the platting regulations of the City, includina: 1. Completion of all the requirements of Resolution No. 4240, the resolution granting preliminary approval of this Planned Residential Development subdivision. Page 1 of 5 t , / O /� � O O �, CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9k'E H�4��'G NO. 4 � � � S 2. Creation of 29 individual building lots to allow for individual ownership of townhome units. 3. Dedication of a 50' public right-of-way to extend Livingston Avenue to serve the subdivision, along with a 100' diameter cul-de-sac. 4. Creation of a 30'private road(Outlot A)to provide vehiculaz access to Lots 8 through 17, Block 2, along with a'hammerhead'turnaround apron. 5. Creation of a 50'future road corridor(Outlot B)for the potential future extension of Livingston Avenue westwazd, and grant of easements to the City for Road, Trail, Drainage and Utility purposes over said Outlot B. 6. Dedication on the plat of 7' of additional right-of-way for County Road 15. 7. Conveyance of two Commons lots (Lot 13, Block 1 and Lot 18, Block 2) to the homeowners association for use as common open space by the owners of the individual building lots«Zthin the subdivision. 8. Dedication on the plat of standard perimeter drainage and utility easements. 9. Identification on the plat of delineated City-protected wetlands and concurrent granting to the City of Flowage and Conservation Easements over the wetlands on the property. 10. Provision of design plans and specifications for stormwater management and drainage improvements and facilities. 11. Identification on the plat of drainage easements for ponding purposes,along with the concurrent dedication of drainage easements over all the detention areas and drainageways within the plat,providing for limitarions on the use of these azeas and shown on the plat as drainage easements, and pro�zding for the maintenance thereof by the owners of Lots 1 through 13, Block 1 and Lots 1 through 18, Block 2. 12. Provision of evidence of stormwater management plan approval from the Minnehaha Creek Watershed District Page 2 of 5 �� 0 '�' '� � � , CITY of ORONO � � ti �'�� G'� RESOLUTION OF THE �TY COUNCIL `�kESKo�' rvo. 4 3 3 13. Concurrent with the creation of the private road in Outlot A, grant of easements to the City for Road,Drainage and Utility purposes over said Outlot A,and conveyance of said Outlot A to the homeowners association for access purposes, and creation of covenants whereby the homeowners association a�rees to permanently maintain and pay the costs of maintenance of said private road. 14. Execution of a Subdivider's Agreement dated March 8, 1999 and an amended and restated Subdivider's Agreement dated August 23, 1999,providing for the installation of required public improvements required as a condition of subdivision approval, including roads and boulevards, street lighting, draina�e and stormwater facilities, municipal water and sanitary sewer, walking trails and certain landscaping improvements; and posting of security to ensure that these required improvements are completed to the City's satisfaction, the desi�n and installation of said improvements remain subject to approval of the City Engineer and City staff. 15. Provision of signed and executed covenants for: a) declaration of private road/driveway agreement and drainage facilities maintenance, specifying the relationship of ownership. b) ownership, use and maintenance of open space within the 'commons' lots (Lot 13, Block 1 and Lot 18, Block 2). c) aesthetic and operational constraints for the development, including removal of additional trees or woods,prohibiting outdoor and recreational vehicles and accessory structures, use of shared commons, and limiting the number and size of vehicles parked in the driveways on an ongoing basis. 16. Payment to the City of a pazk dedication fee in the amount of$19,064. 17. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of 5400.00. 18. Payment of sewer and water connection charges in the amount of$53,162. Page 3 of 5 / O � � O O ��, CITY of ORONO � � ti �',�� G'ti RESOLUTION O�F �T�,H�C�ITY COUNCIL `9kESI104 N0. 19. Provision of evidence of fee ownership of the property in a form acceptable to the City Attorney, and meeting all other title requirements as required by the City Attorney. 20. Provision of all documents noted in this resolution in a format acceptable to the City Attorney. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves a conditional use permit for development via the planned residential development process and hereby approves the final plat and 29 unit townhome Planned Residential Development of Lake Minnetonka Woods, Hennepin County, Minnesota, subject to the following conditions: 1. Each of the 29 townhome units shall be assigned a separate Livingston Avenue address. 2. Issuance of Building Permits.No building pernuts will be issued until the public and private road base work and all stormwater management improvements have been completed by the developer and approved by the City Engineer. 3. Applicant shall provide the City with a Trail Easement over the portion of trail to be located within Lot 18,Block 2,that connects the residential units to County Road 15. 4. Each of the 29 townhome units shall be subject to the$350.00 per unit Navarre Water Treatment Plant Upgrade Charge to be collected at the time of building permit issuance for each unit. S. Development of the site shall be in accordance with the Subdivider's Agreement dated March 8, 1999 and the amended and restated Subdivider's Agreement dated August 23, 1999. 6. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before February 23,2000 together with a certified oriDinal copy of this resolution and executed copies of the easements, deeds and covenants noted above. Page 4 of 5 i-- /� �1V' O O �. CITY of ORONO � F �`.� G'� RESOLUTION OF THE CITY COUNCIL �9kESII�4�4' NO. 4 i� e� i3 IT IS FURTHER RESOLVED, that notwithstanding the terms and conditions of that Flowage and Conservation Easement and Waiver of Damages dated October 20, 1982 as Document No. 1495429 in the Office of the Hennepin County Registraz of Titles and filed January 4, 1993 as Document No. 4763090 in the Office of the Hennepin County Recorder(the "Easement"),the City hereby consents to the encroachment of: a) a temporary driveway along the westerly 10 feet of Lot 18,Block 2,Lake Minnetonka Woods, Common Interest Community Number 937, Hennepin County,Minnesota; and b) an eight foot wide walking trail within the easterly fifty feet of said Lot 18 into the easement area as described in the Easement. The approval granted by this resolution shall expire if the 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. Dated this 23rd day of August, 1999. ATTEST: . . ' � -� `� ' �� . � , __ Linda S. Vee, City Clerk Gab 'el Jabbour, May �' , STATE OF NIlNNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instiument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� - -:� �.•.�GLE A,.N.�Er,A�.�� ,`�, , , ' FJ�T::cy pliE!li.-'�"' . u7A ), . � r:��:r:��:cc�,,;� �� ; :�" �/ . -. ^_ .,,:.= �� ^�� Notary Public Page 5 of 5