HomeMy WebLinkAboutResolution 23-064 CITY OF LINO LAKES
RESOLUTION NO. 23-64
RESOLUTION APPROVING UTILITY STAGING AREA AMENDMENT AND
WATERMARK 6th ADDITION PUD FINAL PLAN/FINAL PLAT
WHEREAS,the City received a land use application for Watermark 6th Addition PUD Final
Plan/Final Plat approval hereafter referred to as Development; and
WHEREAS, City staff completed review of the proposed Development based on the following
plans and information:
• Cost Estimate Summary prepared by Carlson McCain dated December 16, 2022
• 6th Addition Specification Book prepared by Carlson McCain dated December 9, 2022
• Watermark 6th Addition Final Plat prepared by Carlson McCain
• Watermark 6th Addition Sanitary Sewer, Water Main, Storm Sewer and Street
Construction Plans prepared by Carlson McCain dated December 9, 2022
• Watermark 6th Addition Site Landscape Plan prepared by Carlson McCain dated
December 9, 2022
• Watermark Grading, Development& Erosion Control Plan prepared by Carlson McCain
revision date December 14, 2022
• Watermark 6th Addition Home Plans Booklet prepared by Lennar dated May 2, 2023
• Watermark Architectural Standards Matrix; and
WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat
with Resolution No. 16-51 on June 13, 2016; and
WHEREAS, the Planning& Zoning Board reviewed and recommended approval of the
Development on June 14, 2023; and
WHEREAS, the north 150 acres of the Watermark development is located in Utility Staging
Area 1B (2025-2030); and
WHEREAS, a portion of Watermark 5th Addition and Watermark 6th Addition is within this
utility staging area; and
WHEREAS, the 2040 Comprehensive Plan allows a specific development project to occur early
in a 10-year staging area prior to the timing indicated on the staging plan based on the following
criteria:
1. The proposed development must be located within both the current and the next 10-year
staging area, or five-year phase, or located adjacent to the current staging area.
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Watermark 5th Addition and Watermark 6th Addition are located within the current Utility
Staging Area 1 A (2018-2025) and next Utility Staging Area 1 B (2025-2030).
2. The proposed development must be master planned. Small,piecemeal developments do
not justify redefining the 10-year staging area, or five-year phase.
The entire Watermark development is a Planned Unit Development master plan.
3. The proposed, master planned project must provide discernable public values.
Council Resolution No. 16-51 approved the Watermark PUD Development Stage
Plan/Preliminary Plat and detailed discernable public values.
4. Adequate infrastructure must be available to support development. Appropriate analysis
will determine if adequate infrastructure is available and what utility extensions and
transportation improvements are required to support new development.
Adequate infrastructure is available to support the Development. Infrastructure needs
were analyzed with approval of the PUD Development Stage Plan.
5. There must be a commitment that the development will pay its proportionate share of
infrastructure improvement costs associated with development.
The Developer shall enter into a Development Agreement with the City committing to pay
its proportionate share of the infrastructure improvements; and
WHEREAS,the Development is found to meet the criteria to allow development to occur early
in a 10-year staging area; 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:
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
with conditions listed 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.
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BE IT FURTHER RESOLVED
1. Outlot B, Watermark 6th Addition is preserved as permanent Open Space and shall be
improved by the Developer in accordance with the approved plans and upon completion
and acceptance by the city of such improvements, they shall be owned and maintained by
a Homeowner's Association in accordance with an approved Restoration and
Management Plan.
2. A Permanent Trail Easement covering the trail on Outlot A, Watermark 6th Addition
shall be recorded after the trail has been constructed. A copy of the recorded easement
shall be provided to the City prior to Council approval of Watermark 7th Addition.
3. An annexation amendment to neighborhood declaration of covenants and supplemental
declaration of covenants citing deed restriction shall be recorded over Lots 2-8, Block 1,
Watermark 6th Addition stating that these lots have limited ability to construct accessory
structures due to drainage and utility easement.
4. Grading and seeding per the approved RCWD permit 20-115 shall be substantially
completed in Restoration Area 2 (RA2) prior to Council approval of Watermark 7th
Addition.
5. Financial securities will not be reduced until City punch list items related to Watermark
1st Addition and Watermark 2nd Addition items have been addressed. This clause shall
exclude items identified during the warranty period.
6. The City Council shall pass a resolution to allow the north 150 acres of the development
to occur in Utility Staging Area 1B (2025-2030).
BE IT FURTHER RESOLVED the following items shall be addressed prior to release of final
plat mylars:
1. The 6th Addition 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 shall be addressed.
3. Sheet 2, Outlot B states "Drainage and Utility Easement(Over all of Outlot A)". Please
revise.
4. Sheet 2, City of Anoka shall be changed to City of Lino Lakes.
5. The outlots on all the plan sets and final plat shall be consistent.
a. For example,the construction plans and landscape plans show Outlot A west of
Rainy Lane. The final plat shows Outlot A east of Rainy Lane.
6. Title Commitment and Final Plat
a. Existing mortgages shall be resolved and removed from title or mortgagees must
consent to plat.
b. Title commitment shall be updated to within three (3)months.
BE IT FURTHER RESOLVED the following items shall be addressed prior to issuance of any
single family home building permits within the 6th Addition:
1. All comments from the City Engineer Letter dated June 7, 2023 shall be addressed.
2. All comments from Environmental Coordinator Memo dated June 7, 2023 shall be
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addressed.
3. All comments from Anoka County Highway Department letter dated February 9, 2023
shall be addressed.
4. Copies of the following executed and recorded documents shall be submitted to the City:
a. Final Plat
b. Development Agreement
c. Homeowner's Association
i. Annexation Amendment to Neighborhood Declaration of Covenants for
Watermark
ii. Sixth Supplemental Declaration of Covenants for Watermark Single
Family
d. Open Space Easement
e. Deed for Outlot B to HOA.
Adopted by the City Council of the City of Lino Lakes this 24th day of July 2023.
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Rob , Mayor
ATTEST:
Jolleen Chaika, City Clerk
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