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HomeMy WebLinkAbout2015-182 RESOLUTION NO. 2015-182 CITY OF STILLWATER WASHINGTON COUNTY,MINNESOTA A RESOLUTION APPROVING THE REVISED DEVELOPMENT AGREEMENT FOR RUTHERFORD STATION CASE NO.2014-26 WHEREAS, Settler's Pines, LLC made application for approval of the final plat for RUTHERFORD STATION;and WHEREAS, on June 11, 2014 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat;and WHEREAS, on July 1,2014 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on August 19, 2014 the Stillwater City Council reviewed the final plat, final plans and Development Agreement for RUTHERFORD STATION and found them to be consistent with the preliminary plat and plans and therefore approved them. WHEREAS,Settler's Pines, LLC subsequently decided to develop the property in three phases, rather than the one phase approved in 2014; and WHEREAS,the Developer is now requesting approval of the final plat,plans and Development Agreement for Phase 1,with 17 lots,to be known as RUTHERFORD p g STATION. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Stillwater hereby approves the revised Development Agreement for RUTHERFORD STATION with the following conditions: 1. The final plat for Phase 1 is not formally approved and will not be released for filing with Washington County until the revised Development Agreement between the developer and the City is fully executed by both parties. 2. Revised civil engineering plans must be found satisfactory by the City Engineer prior to commencement of any site work. 3. Phase 1 construction shall include all of the Marylane Avenue street improvements,including any utilities within the right-of-way. 4. Outlot B in Phase 3 needs to be deleted and instead the property is to be encumbered by a utility easement to the City for storm sewer purposes. 5. Any conditions of the Brown's Creek Watershed District grading permit that the City Engineer finds necessary shall be included in the final construction documents. Resolution No. Brown's Creek Cove Page 2 of 2 6. The developer 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 as outlined in the Development Agreement for this project. All park and trail fees due the City for each phase of development shall be paid (or credited toward approved construction costs) by the developer prior to release of the phase's final plat from the City for recording with Washington County. 7. All electrical and communications utility lines shall be buried. 8. For this phase,the developer will be responsible for paying a Trout Stream Mitigation Fee (aka AUAR fee) of$27,523.00 (4.85 acres at$5,675 per acre); a Transportation Adequacy Fee of $37,303.52 (4.85 acres at $7,794.54 per acre); and the trunk sewer and water fees of $49,390.46 (4.85 acres at $10,183.60 per acre). The Transportation Adequacy/Mitigation fee may be reduced by crediting Marylane Avenue improvement construction costs as detailed in the Development Agreement for this project. All of the fees due for the specific phase shall be paid by the developer prior to release of that phase's final plat from the City for recording with Washington County. 9. Home Owners' Association documents, including stormwater facilities maintenance and trail maintenance, must be submitted to the City and found acceptable to the City Attorney and City Engineer prior to release of the Phase 1 final plat for filing with Washington County. If the submitted Home Owners' Association documents are not consistent with the approval conditions for the preliminary plat, final plat, and Development Agreement, then the City Council will need to review them and approve them prior to release of the final plat for filing with the County. The approved Home Owners' Association documents must be filed at the county together with final plat. 10. 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. Enacted by the City Council of the City of Stillwater, Minnesota this 6th day of October, 2015. CITY OF ST LWATER Ted Kozlowski, or ATTEST: Diane F. Ward, City Clerk