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Home My WebLink About2014-119 RESOLUTION NO. 2014-119 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR RUTHERFORD STATION CASE NO. 2014-20 WHEREAS, Settler's Pines, LLC made application for approval of a preliminary plat for RUTHERFORD STATION encompassing property legally described as: See Exhibit A; and WHEREAS, together with the preliminary plat application, Settler's Pines, LLC requested conceptual approval of an annexation petition and rezoning of the subject property; and WHEREAS, on June 11, 2014 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat, annexation and rezoning; and WHEREAS, on June 18, 2014 the Joint Planning Board held a public hearing and recommended approval of the preliminary plat, annexation and rezoning; and WHEREAS, on June 23, 2014 the Stillwater Park Commission discussed the park and trail obligations of the development; and WHEREAS, on July 15, 2014 the Stillwater City Council held a public hearing on the preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of RUTHERFORD STATION 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: • Preliminary Plat dated 3/7/14 • Preliminary Plat Grading Plan dated 5/15/14 • Preliminary Plat Utility Plan dated 5/15/14 • Berm &Screening Plan dated 5/14/14 Resolution No. Page 2 of 3 2. The preliminary plat is not formally approved until a Development Agreement between the developer and the City is executed by both parties. 3. The annexation and rezoning are not approved with this Resolution and cannot be approved until the final plat and Development Agreement are approved by the City Council. 4. Civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer. 5. 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. 6. This development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs if found acceptable to the Park Commission and City Council and thereafter included in the Development Agreement associated with this plat. These fees will be due prior to release of the final plat from the City for recording with Washington County. 7. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 8. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 9. The developer will be responsible for paying the Trout Stream Mitigation Fee of $10,277.70 per acre; the Transportation Adequacy/Mitigation Fee of $17,600.20 per acre; and trunk sewer and water fees of a total of $13,338.53 per acre. The Transportation Adequacy/Mitigation fee may be reduced by crediting Marylane Avenue improvement construction costs if found acceptable to the City Council and thereafter included in the Development Agreement associated with this plat. All of these fees will be due prior to release of the final plat from the City for recording with Washington County. 10. A landscaping/tree planting plan consistent with the City Forester's review comments must be submitted together with the final plat application materials. All 272 deficit trees must be included in the landscaping/tree planting plan. 11. Home Owner's Association documents including stormwater facilities maintenance must be submitted with final plat application for approval by the City. When approved by the City, they must be filed together with the final plat. Exhibit A Legal Description Parcel A:The South Three hundred (300.0)feet of the North Twelve hundred (1200.0)feet of all that part of the west Seven hundred twenty-six(726.0)feet of the Northwest Quarter of the Southwest Quarter(NW 1/4 of SW%)of Section Nineteen (19),Township Thirty(30) North, Range Twenty(20)West, Stillwater township,Washington County, Minnesota,which lies South of the following described line: Beginning at a point in the West Line of said Northwest Quarter of Southwest Quart(NW%of SW%, said point being One hundred seventeen and nine-tenths (117.9)feet South of Northwest corner thereof;thence East to a point in the East line of said Northwest Quarter of Southwest Quarter(NW 1/4 of SW 1/4),said point being One hundred thirteen and four tenths (113.4)feet South of the Northeast corner thereof. The above described line being the southerly right-of-way of the Northern Pacific Railroad. And Parcel B: The South Three hundred (300.0)feet of the North Nine hundred (900.0)feet of all that part of the West Seven hundred twenty-six(726.0)feet on the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW%)of Section Nineteen (19),said point being One hundred seventeen and nine-tenths (117.9)feet South of the Northwest corner thereof;thence East to a point in the East line of said Northwest Quarter of Southwest Quarter(NW'A of SW 1/4),said point being one hundred thirteen and four-tenths (113.4)feet south of the Northeast corner thereof. The above described line being the southerly right-of-way of the Northern Pacific Railroad Company. Containing 5.0 acres, more or less, subject to the right-of-way of County Highway No. 5. According to the United States Government. And Parcel C: The South 300 feet of the North 600 feet of all that part of West 726 feet of Northwest.%of Southwest'A of Section 19,Township 30 North, Range 20 West,Stillwater Township,Washington County, Minnesota,which lies South of the following described line: Beginning at a point of the West line of said Northwest'A of Southwest 1/4 of Section 19,said point being 117.9 feet South of the Northwest corner thereof;thence East to a point on the East line of said Northwest 1/4 of Southwest%, said point being 113.4 feet South of the Northeast corner thereof. The above described line being the Southerly right-of-way of the Northern Pacific Railroad. And Parcel D: The Board of County commissions for Washing County, Minnesota, pursuant to the Board Resolution Number 2013-105,dated August 27, 2013, is hereby designating the land in which interest is to be acquired for the proposed right of way of county state and Highway No. 15, (Manning Avenue North). From the northerly right of way of County State and Highway No. 12 (75th Street North)to a point approximately 450 feet North of the Northerly right of way of State Highway 96. (Dellwood Road North), in the city of Grant,the city of Stillwater,and the Town of Stillwater. That portion of said Highway 15 located in sections 18, 19, and 30. Township 30 North, Range 20 West,and in sections 13, 24, and 25,Township 30 North, Range 21 West,Washington County, Minnesota. Resolution No. Page 3 of 3 12. The developer shall submit right-of-way permit application(s) to Washington County for any work within County right-of-ways, including connection(s) to County trails. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater hereby conceptually approves the annexation petition and rezoning request. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of July, 2014. CITY OF STILLWR Hary ayor ATTEST: Diane F. Ward, City Clerk