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