HomeMy WebLinkAbout2013-183RESOLUTION NO 2013 -183
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AMENDING RESOLUTION NO. 2013-135B
AND THE CORRESPONDING DEVELOPMENT AGREEMENT
FOR
BROWNS CREEK PRESERVE
CASE NO. 2013-12
WHEREAS, Midwest Real Estate Management made application for approval of
the final plat and Development Agreement for BROWNS CREEK PRESERVE; and
WHEREAS, on August 20, 2013 the Stillwater City Council approved the final
plat and adopted Resolution No. 2013 -135B approving its Development Agreement; and
WHEREAS, Condition 9 of Resolution 2013 -135B set the amount of
development impact fees for BROWNS CREEK PRESERVE at $40,768 per acre
including, AUAR Trout Stream Mitigation Charge, Transportation Adequacy Fund
(TAF) and Trunk sanitary sewer and water main charge; and
WHEREAS, Page 4 of the Development Agreement incorporated the above
mentioned impact fees stating that the total impact fees due for the 6 acres in the plat is
$244,611.01; and
WHEREAS, the plat shows 15 lots, although as detailed in the findings below,
there could reasonably be 17 lots even with the infrastructure and development details as
proposed:
1. The property is zoned TR, Traditional Residential.
2. The average required lot size in a TR zoned plat must be at least 10,000
square feet. The average lot size in BROWNS CREEK PRESERVE is 14,987
square feet.
3. The minimum required lot width in the TR District is 65 feet at the 20 foot
front setback line. The minimum lot width in BROWNS CREEK
PRESERVE (at 20 foot front setback) is at least 70 feet and averages 80 feet.
WHEREAS, Midwest Real Estate Management has requested a credit against the
development impact fees based upon the reduced impact to city services that the smaller
number of lots will generate:
1. Instead of 17 lots, only 15 will be developed.
2. The overall impact of the residential development will be reduced by 2 /17th'.
3. A 2 /17th' reduction of the $244,611.01 for impact fees would be $28,777.76
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves an amendment to Resolution 2013 -135B giving a density
credit of 2/17 1h, toward the development impact fees for a total reduction in the amount of
$28,777.76.
BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater
hereby modifies the Development Agreement for BROWNS CREEK PRESERVE by
giving a density credit of 2 /17th' toward the development impact fees for a total reduction
in the amount of $28,777.76.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of
November, 2013.
CITY OF S
i, Mayor
AT ST:
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Diane F. Ward, City Clerk