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Home My WebLink About2020-081 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 20-81 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR NATURES REFUGE WHEREAS, the City received an application for Natures Refuge PUD Final Plan/Final Plat approval hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated January 16, 2020 • Grading, Development & Erosion Control Plans prepared by Carlson McCain dated March 6, 2020 • Preliminary Plan Set prepared by Carlson McCain dated June 12, 2019 • Stormwater Management Plan prepared by Carlson McCain dated June 7, 2019 • Net Area Exhibit prepared by Carlson McCain dated June 12, 2019 • Site Landscape Plan prepared by Carlson McCain dated June 27, 2019 • Final plat prepared by Carlson McCain received April 28, 2020; and WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 18-70 on June 25, 2018; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on July 10, 2019; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney reviewed the status of title/property ownership related to the final plat and has comments as noted below. 3. A Development Agreement has been drafted and shall be executed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. • BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Natures Refuge PUD Final Plan/Final Plat subject to the following conditions: 1. Outlots A thru F shall be owned and maintained by a Homeowner's Association (HOA). a. The developer is responsible for the installation and establishment of landscaping and fences. b. The HOA is responsible for the long term maintenance of landscaping and fences except for boulevard trees. The City shall install and maintain boulevard trees. 2. Outlots A, B and D are protected by a recorded Easement (Conservation) and Declaration (Wetland Buffer). a. The developer is responsible for the installation and establishment of landscaping and vegetation per Attachment B of the Declaration. b. The City shall inspect and accept such landscaping and vegetation. c. The HOA is responsible for the long term maintenance of the landscaping, vegetation and wetland monument signs. 3. Outlot G shall be deeded to 801 Main Street and the two (2) parcels shall be combined. 4. Per the City's Programmatic Stormwater Management Facility Maintenance Agreement with RCWD, the City will be responsible for maintenance of Pond 100, Pond 400, Infiltration Basin 10 and Infiltration Basin 20. ACD 10-22-32 ditch crossing/culvert will also be maintained by the City under a separate maintenance agreement. Lake 200 and Lake 300 are being excavated by the developer for material fill on site and shall be maintained by the HOA and covered by a declaration of stormwater maintenance. RCWD will continue to maintain ACD 10-22-32. 5. A Permanent Trail easement shall be recorded over the trail corridor. a. The developer is responsible for the installation of the trail. b. The City is responsible for long term maintenance of the trail. 6. The existing pole barn and garage near 635 Main Street shall be removed prior to issuance of a grading permit. i. A demolition permit is required. 7. The existing gravel driveway access onto CSAH 14 (Main Street) shall be removed with the issuance of a grading permit. 8. Resolution No. 18-70 approving the PUD Development Stage Plan/Preliminary Plat provided the following flexibilities: a. Reduced minor collector road right-of-way width from 80 feet to 60 feet on Glenwood Street and Haywood Drive. b. Reduced front setback from 40 feet to 30 feet on Glenwood Street and Haywood Drive. c. Reduced paved road surface width from 32 feet to 30 feet (back to back) on cul de sac Hazelwood Court and cul de sac Elwood Court. 9. The regulations and performance standards of the R-1, Single Family Residential zoning district will be in effect unless otherwise detailed in Council resolution or Development Agreement. • BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to release of final plat mylars: 1. The Development Agreement shall be approved by the City Council, executed and recorded against the property. 2. Any staff comments requiring revisions to the final plat. 3. The final plat and title commitment shall be updated to address the following: a. The signatory on the plat does not match up with the title work. The plat is drafted to be signed by Preferred Builders, Inc. The title work shows title in preferred Properties and Management, LLC, a Wyoming LLC. b. There is a mortgage on the property reflected in paragraph 18 of Schedule B, Part II. As the mortgage company is not a signatory, consent is required. 4. The applicant shall prepare the deeds for Outlots A thru G for City review and approval. 5. Draft copies of the applicable Homeowner's Association (HOA) documents shall be submitted to the City for review and approval prior to recording including but not limited to the following: a. Articles of Incorporation b. Bylaws c. Declaration of Covenants, Conditions and Restrictions 6. Draft copies of Easement and Declaration related to the wetlands and buffers shall be revised to include the City of Lino Lakes and shall be submitted to the City for review and approval. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to issuance of grading permit: 1. All comments from the City Engineer Memo dated July 22, 2020 shall be addressed. 2. All comments from Environmental Coordinator Memo dated July 29, 2020 shall be addressed. 3. A copy of the following recorded documents shall be submitted to the City: a. Homeowner's Association (HOA) documents b. Deeds for Outlots A-G c. Permanent Trail Easement d. Easement and Declaration related to the wetlands and buffer e. Development Agreement 4. Proof that Outlot G and 801 Main Street have been combined shall be submitted to the City. 5. Sheet 2, Preliminary Plat: a. Net Density shall be revised to 1.68 lots per acre. b. Wetland Buffer shall be revised to14.73 acres. c. Street names shall be included. Adopted by the Council of the City of Lino Lakes this 14th day of September, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member Ly cL.i and was duly seconded by Council Member Ru-ClAe K.ol and upon vote being taken thereon, the following voted in favor thereof: Lye .wt , ZZu.L, I a.A..4, tu.veso , ,S-best, Ra{-F.k4 The following voted against same: N 6ytQ . ATTEST: • i tnne Bartell, C ty -rk