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Home My WebLink About#5504-Prelim approval-2006 4 :e- CITY of ORONO "� �'�(`' RESOLUTION OF THE CITY COUNCIL ikESII04 NO. 5 5 0 4 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION OF PROPERTY LOCATED AT 2725 AND 2765 WAYZATA BOULEVARD AND 430 AND 450 OLD CRYSTAL BAY ROAD NORTH FILE NO. 06-3208 WHEREAS, Ryan Companies US, Inc. (a Minnesota corporation), (hereinafter the "subdivider") on May 17, 2006 filed a formal subdivision application with the City for approval of a four lot industrial plat of property legally described as Lots 1, 2, 3 and 4 Block 1 Van Dale Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on July 17, 2006, 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 September 11, 2006 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the Industrial Zoning District requiring a minimum of 40,000 square feet of contiguous dry buildable land within each newly created building lot. 2. The property contains a total of approximately 17.5 acres of land; none of which is delineated wetland. 3. The proposed plat consists of four industrial lots each meeting the minimum lot standards of the Industrial Zoning District and an outlot for a new public street. 4, Proposed Lot 1 Block 1 has no buildings but is used for outdoor storage. An industrial building currently exists within proposed Lots 1 and 3, Block 2. There is a building used for offices within Lot 2, Block 2. 5, After the new street is constructed, the building on Lots 1 and 3, Block 2 will have loading facilities that can be accessed only by backing into them from this Page 1 of 7 ---44;?%1 0 -----tk 00 =Aut„; e CITYof ORONO ‘,4 i ,M� IM .�G.7 ~ RESOLUTION OF THE CITY COUNCIL `�kEsKo4 NO. 5 5 0 4 street, which is a violation of City Code. The subdivider will remove the portion of the building that is on Lot 1 within six months of the expiration of the current lease for the premises. No curb cut will be provided on the new street for the loading dock on the remaining portion of the existing building. The existing building otherwise conforms to the setback requirements of the Industrial zoning district. 6. Lot 3 Block 2 is served by City water and sewer. The developer will install City water and sewer for the other lots. 7. The subdivider will construct the new public street. 8. Lot 1 Block 1 will access off the new public street. 9. Lot 1 Block 2 will access off the new public street and Old Crystal Bay Road. The Old Crystal Bay Road access will be a joint driveway with Lot 2 Block 2. 10. Lot 2 Block 2 will access off Old Crystal Bay Road. This access will be a joint driveway with Lot 1 Block 2. 11. Lots 1 and 2 Block 2 will have shared accesses and cross easements to allow the properties use of the Wayzata Boulevard access on Lot 3 Block 2. Lot 2 Block 2 will have an easement to use the new public street access on Lot 1 Block 1. 12. Lot 3 Block 2 will access off Wayzata Boulevard and the new public street 13. The right of way for the new street is 60 feet wide when the subdivision regulations would require a 70 foot right of way, requiring the granting of a variance. NOW, THEREFORE, BE IT RESOLVED, that based the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Ryan Companies US, Inc. including a variance to allow a 60 foot street right of way per preliminary plat drawings by RLK Inc. dated May 17, 2006 subject to the following conditions: Page 2 of 7 Iv 0 p -.A CITY of ORONO � i RESOLUTION OF THE CITY COUNCIL � E'�+� o �`' NO5 5 a 4 SK . 1. Outlot A as,shown on the preliminary plat drawings shall be changed to a public street with a 60-foot right of way. The Subdivider shall propose a name for the street. 2. The developer shall install the new public street and provide City water and sewer for Lot 1 Block 1 and Lots 1 and 2 Block 2. 3. The need to back from the street into the adjacent loading docks for the existing building shall be eliminated after the new street is constructed. No curb cut shall be provided for the loading dock on Lot 3 Block 2. The portion of the building on • Lot 1 Block 1 shall be removed within six months of the expiration of the current lease for the premises. 4. Access shall be as follows: a. Lot 1 Block 1 shall access off the new public street. b. Lot 1 Block 2 shall access off the new public street and Old Crystal Bay Road. The Old Crystal Bay Road access shall be a joint driveway with Lot 2 Block 2. c. Lot 2 Block 2 shall access off Old Crystal Bay Road. This access shall be a joint driveway with Lot 1 Block 2. d. Lots 1 and 2 Block 2 shall have shared accesses and cross easements to allow the properties use of the Wayzata Boulevard access on Lot 3 Block 2. e. Lot 2 Block 2 shall have an easement to use the new public street access on Lot 1 Block 2. f. Lot 3 Block 2 shall access off Wayzata Boulevard and the new public street 5. Subdivider shall relocate the Wayzata Boulevard access to be as close to the east property line as feasible before Lot 3 Block 2 is sold or before September 11, 2011, which ever occurs first. 6. Subdivider shall grant an easement for trail adjacent to Wayzata Boulevard and shall install at subdivider's expense an eight foot wide bituminous trail within this easement to City specifications. 7. An encroachment agreement shall be required to allow use of the right of way of the new public road for outdoor storage until the street is constructed. Page 3 of 7 ‘v-°*41. ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4RESII04 NO. 550 4 8. The subdivider and the owner of the property at 2687 Wayzata Boulevard may enter into an agreement for a joint access to Wayzata Boulevard, either through a joint driveway or through easements to a driveway entirely on one of the properties. The subdivider may allow the property at 2687 Wayzata Boulevard to access Old Crystal Bay Road or the new street across the subdivision. 9. Subdivider shall grant to the City 10 foot drainage and utility easements along perimeter property boundaries and 5 foot drainage and utility easements along all interior property boundaries. Subdivider shall also grant to the City utility easements for any public utilities located outside these easements or public rights of way. 10. Payment of Park Dedication Fee for Lot 1 Block 1 and Lot 2 Block 2 per the City Fee Schedule, with credit for the cost of the bituminous trail required by Condition 6. 11. Payment of standard Storm Water and Drainage Trunk Fee for the plat per the City Fee Schedule. 12. Payment of Local sewer and water connection fees per the City Fee Schedule. 13. Prior to approval of the final plat the following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions, to ensure that the proposed plat will accomplish the intended purposes: a) Final plans and specifications for all proposed utility lines and services. b) Road and trail construction plans including proposed plan and profile views, typical street section, geotechnical report, R-value recommendation, and pavement design and striping 14. Subdivider shall execute a Developer's Agreement for construction of the sanitary sewer, municipal water system, storm sewers and drainage system, trail, and public street (including striping of Old Crystal Bay Road North and adding the bituminous shoulder) to ensure all site improvements are installed to City's specifications and satisfaction. This Developer's Agreement shall include a requirement that a copy of the recorded Shared Facilities Agreement be provided to the City after an individual lot is sold. A Letter of Credit must accompany the Developer's Agreement written to 125% of the City Engineer's estimated cost of Page 4 of 7 Ce.41 0 CITY of ORONO %G. RESOLUTION OF THE CITY COUNCIL No. 5 5 0 4 liCEsa&the proposed improvements. (This Developer's Agreement and the Developer's Agreement for the Crystal Bay Business Center commercial site plan approval and conditional use permit shall be combined into one agreement.) 15. No land alterations shall take place until erosion control is established and the City is in receipt of final grading, street and utility plans. No improvements shall begin until City Engineer has approved all improvement plans. 16. Subdivider shall comply with all requirements of the Minnehaha Creek Watershed District. 17. Subdivider is hereby advised that preliminary subdivision approval will expire on September 11, 2007, one year from the date of City Council approval. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled City 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'. Drawings to include: a. Lot lines platted per preliminary survey by RLK, Inc. b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines and all other necessary drainage and utility easements. c. The name of plat. 2. Legal documents required: a. Title opinion addressed to 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. Page 5 of 7 ‘11, 0 =. ,tle- CITYofORONO A V''' vf;;Vy.- 4' ,s' J 4e RESOLUTION OF THE CITY COUNCIL h 1 , .- 4+ NO. 550 b. The applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Developer's Agreement and letter of credit required for public improvements. d. Signed Encroachment Agreement (to be approved by the City Council with the final plat). 3. Fees to be paid: Total due:To be determined. a. Final plat fee= $250.00 b. Legal review and filing fees for subdivison and associated documents = $280.00 c. Park dedication Fee, amount to be determined based on fair market value of the land. d. Storm water and drainage trunk fee, amount to be determined. e. Local sewer and water connection fees, amount to be determined. 3. Stormwater plan approval or permit from the Minnehaha Creek Watershed District. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of September, 2006. ATTEST: iiji Linda S. Vee, City Clerk Barbara Peterson, Mayor Page 6 of 7 1. 0 0 0 ›., „,; ,,, ,_ CITY of ORONO . „ ti ..4 A \\�, ,��1 IM %1.4,0 RESOLUTION OF TSH 5 CITY COUNCIL i 4* NO. kESI;� STATE OF MINNESOTA COUNTY OF HENNEPIN r' The foregoing instrument was acknowledged before me on this ,=n'/-i day of C. (79(::.,-3/11.,!-'\ , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE ti (- ' - :C~}- `r' V , NOTARY PUBLIC•MINNESOTA NotaryPublic ,i .;,,;, My Commission Expires Jan.31,2010 `k 4,,P'�.'_��.1�'✓ice SYd ././l- ...,—Cl.„.....r„,_..✓'J STATE OF MINNESOTA COUNTY OF HENNEPIN t' The foregoing instrument was acknowledged before me on this -7'' 'SE`S day of .-77 .C.�; �-(, 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. thlb . RACHEL DODGE , , ` c'°`'�.' NOTARY PUBLIC-MINNESOTA ^3 —/ ,'i(,_ .,►', My Commission Expires Jan.31,2010 Notary Public .r ,c4•aei.`M .:c::_R..... .. . ....s ice?, Page 7 of 7