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City Council meeting of December 2, 1996 <br />Page 5 <br />1. Phase 1 of the project will be permitted subject to its approval by the WCSWC, <br />and receipt of septic site approvals from the Washington County Department of <br />Health and Land . The identified open space will be made an oudot <br />under the ownership of the developer, and the developer shall pay a parkland <br />dedication fee, at the current rate, for seven (7) lots. <br />2. Phases 1 and 2 may only proceed once a controlled outlet is established for <br />Lake Plaisted. <br />3. The City does not guarantee the lowering or control of Lake Plaisted's flood <br />water, nor any regulatory elevations. <br />4. Housing density shall not exceed 17 units. <br />5. The cul-de-sac length shall not exceed 2,640 feet. <br />6. The road easement between Lots 13 and 14 shall be reviewed for possible <br />movement to a location between Lots 14 and 15, and shall be improved to a <br />standard rural paved road. <br />7. Subject to the City acquiring the necessary easements, 140th Street shall be <br />reconstructed to a 24' wide gravel road on the new alignment. <br />S. All lots shall meet the minimum requirements of the City's shoreland ordinance. <br />9. A communal waste treatment system shall be used to service all lots south of <br />140th Street. <br />10. Outlot A, as well as the parkland shown, will be provided the City to meet the <br />parkland dedication requirements for Phases 1 and 2. <br />11. ll building locations shall conform with the City's floodplain ordinance. <br />12. A homeowners' association, encompassing the lots in all three phases, shall be <br />created. The homeowners' association will receive title to the Oudot created as <br />part of Phase 1. <br />13. The developer shall provide wetland mitigation for all street construction, <br />including the realignment of 140th Street, as well as any required due to the City's <br />improvement of the public park area. <br />14. The Agreement shall be valid for a period of three (3) years. <br />15. Existing wetlands on the site will be enhanced as feasible to restore them to a <br />predevelopment state. <br />16. A deed restriction shall be recorded against the oudot created as part of <br />Phase 1, disallowing the construction of any building on the lot. This restriction <br />shall be removed at the end of three (3) years, if the development south of 140th <br />Street does not occur, in this case, the oudot may be divided into no more than <br />two (2) lots, and the then current parkland dedication fee shall be paid. <br />All aye. Motion Carried. <br />