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HomeMy WebLinkAbout1998-038BRESOLUTION N0.98-38B CITY COUNCIL CITY OF STILLWATER STILLWATER CITY HALL WASHINGTON COUNTY In Re: The Legends of Stillwater 1) PRELIMINARY PLAT APPROVAL SUB 97-68 2) PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL PUD/97-67 WHEREAS, the City Council, finds that the application on file is complete and that all subnuttal requirements have been met; that due and proper public notice has been mailed and published and that the procedural and substantial requirements of law have been met. After due and careful consideration of the application, after considering the comments of the public, both written and that represented at the public hearings, the City Council hereby resolves as follows: 1. That preliminary plat approval and preliminary planned unit development approval are hereby given, subject to the following conditions of approval: The Oak Woodland being dedicated to the City as a park must be reviewed by a forester and management recommendations implemented before dedication to the City. 2. The Outlot D park site must be graded and seeded as part of the Phase I subdivision improvement. 3. All trails must be 8 feet bituminous pathways installed as part of Phase I subdivision improvements. 4. A pathway must be added connecting Baron's Circle Cul De Sac and Legends Boulevard to the shoreland trail (as originally proposed). 5. Street trees and site landscaping as shown on Map 4 of 8 must be installed as phased subdivision improvements are made. 6. McDougal Green must be expanded to include portions of Lots 11 & 12 to the north. 7. Street crossings along Legends Boulevard must be paved in concrete. 8. Boulevard areas and front yards must be sodded. 9. Improvements must be made to 62nd Street as required by the City Engineer to include, as a minimum, parking lot, pathway, surfacing improvements. 10. Additional right of way or street easement may be required to accommodate 10 feet boulevard. 11. The Lakeshore setback area must be protected with an open space/conservation easement prohibiting land and vegetation disturbances and prohibiting any construction other than approved pathways, docks and enhancement landscaping. 12. In the private open space area, tree removal is be restricted to that allowed by the Forest Management Plan. Other tree removal is prohibited. 13. The draft Forest Management Plan must be reviewed by a forester as it relates to the Legends property and management activities and responsibilities determined for the developer, homeowner and city. 14. Educational information must be provided by the Developer to all Lakeshore homeowners informing them of the approved lawn care method. 15. The pathway easement must be legally described and marked along the shoreline. 16. DNR approval must be obtained for the PUD before final City PUD and plat approval. 17. A list of trees native to the area must be provided to developers and owners of individual lots for use in landscape plans. 18. The Homeowner's Association must be responsible for maintenance of Greens Cul De Sac, landscaped areas and development theme areas. 19. Areas around wetlands and drainage ponds must be planted with native plants suited to the environment. 20. All Lakeshore lots and Staples Place lots require administrative Design Review to ensure proper grading, drainage and erosion control, minimize tree removal and protect existing trees before building permits are issued for house construction. 21. Approved fencing detail must be included in final PUD review and approval. 22. The City Attorney and City Engineer must review and approve the declarations, covenants, conditions, restrictions and easements before final PUD approval. 2 23. The City Attorney and Community Development Director must review the dock easements and covenant agreements before final PUD approval. 24. The Development Architectural Control Committee (ACC) must approve final PUD plans for consistency with architectural standazds. The ACC must encourage the use of traditional elements of design including but not limited to porches, side entry and recessed garages and traditional windows and gables. The ACC approval must be given before submission to the City Planning Commission for review. 25. The City's Design Guidelines for Phase I expansion area development must be used by the ACC, City staff and Planning Commission in reviewing final Planned Unit Development Plans. 26. The City and Developer must implement the AUAR Mitigation Plan regarding storm water runoff and natural area protection during all phases of construction. 27. The Stapples Place Cul De Sac area must be restudied before final Phase III PUD approval to see if a redesign can reduce the tree removal, grading and land alterations. 28. The subdivision public improvement plans such as road, sidewalk, tree planting and utilities must be reviewed be a forester to minimize impact to trees. 29. Comments from the City Engineer contained in the Memo of 1-23-98 must be addressed before final Phase I preliminary plat approval. 30. Street and access issues raised in Glen Van Wormer's letter of 1-27-98 must be addressed before final plat approval. 31. Before Phase II PUD and subdivision approval, Phase I project design must be reviewed to see if the desired effect is achieved by the design guidelines and zoning regulations or if changes are needed. 32. The applicant must evaluate possible soil erosion impacts and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. Enacted by the City Council of the City of Stillwater this 3 day of , 1998. CITE OF STILLWATER i J 1 ayor ATTEST: .rri._~ Mo li Weldon, Clerk