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HomeMy WebLinkAbout2013-135B RESOLUTION NO.2013-135B CITY OF STILLWATER WASHINGTON COUNTY,MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR BROWNS CREEK PRESERVE CASE NO.2013-21 WHEREAS, Midwest Real Estate Management made application for approval of the final plat and Development Agreement for BROWNS CREEK PRESERVE; and WHEREAS, on May 13, 2013 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on June 18, 2013 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on August 20, 2013 the Stillwater City Council held a public hearing and found the final plat and plan for BROWNS CREEK PRESERVE to be consistent with the preliminary plat and plans approved on June 18, 2013. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for BROWNS CREEK PRESERVE with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Final Plat as submitted on 8/5/13 • Preliminary Plat C2.1 dated 7/19/13 • Grading C3.1 dated 7/19/13 • Erosion Control Plan C3.2 dated 7/19/13 • Street Plan C3.3 dated 7/19/13 • Utility Plan C4.1 dated 7/19/13 • Sanitary &Watermain Plan C4.2 dated 7/19/13 • Storm Sewer Plan C4.3 dated 7/19/13 • Tree Preservation Plan L1.1 dated 7/19/13 • Landscape Plan L2.1 dated 7/19/13 2. The developer shall submit a grading permit application to Brown's Creek Watershed District. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. Resolution No. Page 2 of 3 3. The review comments offered by the City Engineer, as detailed above in this report, shall be incorporated into site construction, unless specifically approved otherwise by the City Engineer. 4. A total of$37,500 shall be paid to the City for park and trail dedication fees ($2,000 park dedication fee for each lot and a $500 trail fee for each lot). These fees shall be submitted to the City prior to release of the final plat for filing with the County. 5. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 6. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 7. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 8. Drainage from Monterey Court shall not be directed into Macey Way. 9. This development will be responsible for paying the Trout Stream Mitigation Fee of$10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. The fees for the Trout Stream Mitigation and trunk sewer and water will be due prior to release of the final plat for recording with Washington County. The Transportation Mitigation Fee will be spread against the taxes for each of the lots. 10. Prior to releasing the final plat for filing with Washington County, the landscape plan shall be revised to show 45 trees to be planted on the lots, at a rate of three trees per lot. 11. The tree protection fencing must be installed per the Landscape Notes on the tree inventory page L1.1, prior to grading activities. Trees and treed areas to be removed should be clearly marked so they can be distinguished from trees to be preserved and vice versa. 12. The landscaping plan must be revised prior to release of the final plat for filing with Washington County. The revisions must include better tree species diversity. Specifically, tree species diversity is to be increased by adding native, or near-native species such as: oak species (N. red, N. pin, bur,bicolor), hackberry, American linden ('Redmond' is one variety), red maple, river birch, paper birch, thornless honeylocust and sugar maple. Resolution No. Page 3 of 3 13. The existing driveway easement over Brown's Creek Trail to McKusick Road should be vacated prior to filing the final plat with Washington County. Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August, 2013. CITY OF STILLWATER ATTEST: Mic ael Polehna, Vice Mayor //-(44t-LJ. z(446L- Diane F. Ward, City Clerk