HomeMy WebLinkAbout2014-03-24 PACKET 06.1.STAFF REPORT CASE: PP2014 -005
ITEM: 6.1
PUBLIC MEETING DATE: 3/24114 TENTATIVE COUNCIL REVIEW DATE: 4/16/14
APPLICATION
APPLICANT: Meridian Land Holdings, LLC
REQUEST: A preliminary plat for Oak Cove, a single - family residential subdivision
that will consist of 12 lots for single - family homes and 2 outlots.
SITE DATA
LOCATION: South of Timber Ridge subdivision on the southerly extension of Burr
Oak Cove South
ZONING: R -2.5, Residential
GUIDED LAND USE: Low Density Residential
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH: Residential Low density residential
EAST: Residential Low density residential
SOUTH: Open space Parks /Open space
WEST: Residential Rural residential
SIZE: 8.63 acres
DEN SITY: 1.39 units per acre
RECOMMENDATION
Approval, subject to the conditions stipulated in this staff report.
cottage
COTTAGE GROVE PLANNING DIVISION
�e�e p,Je and P , O ,pedty Meet
Planning Staff Contact: John M. Burbank, Senior Planner, 651 - 458 -2825 or Ib urban k(@cottage- g rove. orq
Application Accepted:_ 2/28/14 60 -Day Review Deadline: 4/28/14
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 65016
Planning Staff Report
Oak Cove
Case PP14 -005
March 24, 2014
Proposal
Meridian Land has applied for following approval of a preliminary plat for Oak Cove, which
creates 12 single family lots and two outlots on land located south of Timber Ridge 5th Addition
on Burr Oak Cove.
Location Detail
Review Process
Application Received: February 28, 2014
Acceptance of Completed Application: February 28, 2014
Tentative City Council Date: April 16, 2014
60 -Day Review Deadline: April 28, 2014
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 2 of 21
Preliminary Plat
Background
This subdivision is an expansion of the West Draw urbanized development area. The subdivi-
sion was previously approved in 2006 but did not get recorded due to the downturn in the econ-
omy. It was originally developed by Gonyea Land who is still the current property owner. Since
the 2006 approval, several plat extensions were granted by the City. The last extension included
a clause that prohibited additional extensions and the plat expired based on the terms of Reso-
lution No. 2012 -061, which is attached.
The 2006 approvals also included a comprehensive plan amendment and a rezoning to the
current classifications.
The proposed plat is located to the north of 10 acres of property that was acquired by the City
from the developer several years ago for Camel's Hump Park. The City has park and scenic
overlook development improvements planned for this area in the Capital Improvement Plan. A
copy of the preliminary park design is attached.
The current Comprehensive Plan includes the property in the Metropolitan Urban Service Area
(MUSA). The public utilities currently serving the subdivisions in the adjacent area are adequate
to serve this property.
The MUSA history for this parcel is interesting; this area was originally identified for inclusion in
the MUSA in the comprehensive plans completed in the seventies and eighties, but was re-
OAK COVE ADDITION
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Preliminary Plat
Background
This subdivision is an expansion of the West Draw urbanized development area. The subdivi-
sion was previously approved in 2006 but did not get recorded due to the downturn in the econ-
omy. It was originally developed by Gonyea Land who is still the current property owner. Since
the 2006 approval, several plat extensions were granted by the City. The last extension included
a clause that prohibited additional extensions and the plat expired based on the terms of Reso-
lution No. 2012 -061, which is attached.
The 2006 approvals also included a comprehensive plan amendment and a rezoning to the
current classifications.
The proposed plat is located to the north of 10 acres of property that was acquired by the City
from the developer several years ago for Camel's Hump Park. The City has park and scenic
overlook development improvements planned for this area in the Capital Improvement Plan. A
copy of the preliminary park design is attached.
The current Comprehensive Plan includes the property in the Metropolitan Urban Service Area
(MUSA). The public utilities currently serving the subdivisions in the adjacent area are adequate
to serve this property.
The MUSA history for this parcel is interesting; this area was originally identified for inclusion in
the MUSA in the comprehensive plans completed in the seventies and eighties, but was re-
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 3 of 21
moved from the MUSA expansion area in the 1990 comp plan due to neighborhood desires.
After the 1990 Plan was approved, the City Council established the West Draw Task Force. The
West Draw Task Force Report, which was prepared by a representative citizen task force and
approved by the City Council in the mid 1990's, planned for the future development of the West
Draw. The mission statement for the Report states "To reach agreement on a recommended vi-
sion and master plan that will guide development of the West Draw MUSA expansion and sur-
rounding areas as a unique residential opportunity. Issues to be addressed should include
housing types and sizes, lot size and configuration, environmental sensitivity, including the pres-
ervation of existing natural amenities, designation of parks and open space, economic layout of
public infrastructure, and the efficient provision of city services."
Over the years, several decisions and changes relating to tree preservation, infrastructure, and
densities in the West Draw have been made by the City Council. This site is one area affected
by the past decisions.
Based on landowner requests, a feasibility study was completed in 2002, which found that the
additional acres of land could be serviced and included in the MUSA. As a result of the report, a
sub - sanitary district was created by the City. The reason for creating the additional sub- sanitary
district was based on the fact that this area has additional infrastructure development costs that
resulted from the properties being excluded from the growth areas in the first major West Draw
MUSA expansion.
In reviewing the proposed development of this property as well as surrounding properties in the
West Draw, staff has repeatedly drawn upon the conclusions and recommendations contained
in the West Draw Task Force Report.
It was determined in 2006 that the development is in conformance with the mission statement
for the West Draw, in that the use of public utilities versus private septic system is more envi-
ronmentally friendly, and the developer is proposing to have custom graded lots, which protects
trees and topography disturbances. The site was included in the MUSA at that time, and it was
found that the proposed project is still consistent with that plan and previous Council actions.
Neighborhood Meeting
The applicant held a neighborhood meeting on Thursday evening, March 20, to re- introduce the
neighbors to the proposed subdivision and to field any questions they may have. Properties
within 500 feet were notified of the meeting. The meeting was attended by nine individuals
representing six adjacent properties. The developer held a question and answer session for
those in attendance. Home values, grading, tree removal and protection, and park development
concepts were some of the highlighted topics of discussion. The meeting participants thanked
the applicant for hosting the meeting and addressing their concerns.
Planning Considerations
Plan Reference
The plans utilized for the review comments in this report were submitted to the City on February
28, 2014. Final plan sets including the comments and requirements identified in the review
process will be required prior to the release of the plat for recording.
Planning Staff Report — Oak Cove
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March 24, 2014
Page 4 of 21
Property Characteristics
The topography is rolling with a mix of wooded areas and fallow farm fields /grasslands and im-
promptu trail corridors. The Timber Ridge 5th Addition single family subdivision is developed to
the north of the proposed plat.
Camel's Hump Park and open space is located to the south of the property. There is an oil pipe-
line crossing the property from north to south. The pipeline and easement areas would be
located in the rear yards of the lots on the east side of the street. This would be similar to other
existing residential lots that are platted in the community adjacent to pipelines. Special precau-
tions are coordinated with the pipeline company during grading activities. Lots that contain the
pipeline easement are limited from making improvements or constructing within the easement
area. The Applicant should share these limitations with the property owners via the required
restrictive covenant. The existing condition site survey is attached.
Planning Staff Report— Oak Cove
Cases PP14 -005
March 24, 2014
Page 5 of 21
Comprehensive Plan
The property is guided for Low Density Residential, and at a gross density of 1.39 units per
acre, the proposed plat is consistent with this land use that allows for gross densities between
one and four units per acre.
Zoning
In 2006, the property was rezoned from R -2, Residential Estate, to R -2.5, Residential. The pro-
vision of detached single - family housing is consistent with the allowable uses of the R -2.5
zoning district, which requires 11,000 square foot lots with a minimum lot width of '85 feet. The
right -of -ways in the proposal meet the ordinance standards. The building pad setbacks, lot
widths, lot sizes, and other platted features of the proposed lots are in conformance with the or-
dinance criteria standards established for the R -2.5 zoning district.
COTTAGE GROVE ZONING MAP
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Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 6 of 21
Density
The smallest proposed lot size is 12,574 square feet and the largest is 51,814 square feet. Due
to the trees, slopes, and pipeline that crosses the property, the proposed gross density for the
12 planned lots is 1.39 units per acre. This density is below the current City policy requiring that
the density in the West Draw be no more than two units per acre. The Comprehensive Plan
identifies the density for low density residential at one to four units per acre.
Based on this analysis, staff finds that the proposed density is in conformance with the estab-
lished development policies for the area, and the requested lot configuration continues to be
valid.
Preliminary Plat
The submitted preliminary plat identified 12 residential lots and two outlots. The preliminary plat
is attached. Outlot B will be dedicated to the City for park and open space purposes. This outlot
creates a trail corridor physically linking the Eastern Portion of the Gateway North Open Space
area with the "Camels Hump Area."
Outlot A is for stormwater detention and management for the site and will also be dedicated to
the City. The subdivision agreement will be required to have language addressing the identifica-
tion of the public outlot boundaries.
The proposed preliminary plat is in conformance with all City subdivision ordinance criteria. The
proposed road right -of -way widths and locations are appropriate, and the proposed lots will ac-
commodate single family residential housing consistent with current City development stan-
dards. The proposed access onto the Burr Oak Cove stub street has been planned since the
platting of the Timber Ridge subdivision.
Based on these findings, the review of the application materials in relation to the zoning ordin-
ance criteria, the subdivision regulations, and performance standards, it is recommended that
the preliminary plat be approved.
Proposed Housing
As indicated earlier, the development includes 12 single - family homes. The proposal is for the
homes to be custom built structures, so no building elevation details are available. It is recom-
mended that the subdivision agreement include the application of the same architectural stan-
dards that have been established for the East Ravine Planning Area.
Access/Transportation
The roadways for the proposed project meet all of the City design standards and policies and
ordinance criteria. The subdivision will generate an estimated 120 trips per day. This additional
traffic will not place an additional burden on the existing local street system.
It is recommended that the roadway and parking areas for the Camel's Hump Scenic Overlook
be incorporated into the infrastructure improvement project for this development. Since a cul -de-
sac that would serve the proposed development is not required to be constructed within the
boundaries of the proposed plat, thus improving developable area, it is expected that the devel-
oper would be responsible for a portion of the roadway construction costs on the city's property.
Planning Staff Report — Oak Cove
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March 24, 2014
Page 7 of 21
The feasibility study and subdivision agreement will include the appropriate cost allocation
figures.
Pedestrian Access
The developer is proposing to include a sidewalk along the east side of the street to connect into
the Timber Ridge neighborhood and the Camels Hump Scenic Overlook.
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Scenic Overlook Parking Detail
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Scenic Overlook Parking Detail
Planning Staff Report —Oak Cove
Cases PP14 -005
March 24, 2014
Page 8 of 21
A bituminous off -road recreation trail is proposed through the southeast corner of the plat in
Outlot B. This trail is in accordance with the Gateway District Master Plan and the Camels Hump
Park Master Plan. It is recommended that the Developer finance and construct the trailway from
the eastern boundary of Outlot B to the new parking lot as delineated on the master plan. The
final grading plan and site plans should reflect all required trailway and sidewalk locations.
Surface Water Management
There is one on -site surface water management pond proposed on the property and is consis-
tent with the City's performance standards related to surface water management. The proposed
pond outlet is through a 24 -inch RCP storm sewer line located in an existing drainage and utility
easement in the adjacent Hidden Oaks subdivision. The property owners affected by any con-
struction within the easement need to be notified of the improvements. The applicant has
worked with the City's consulting engineer to upgrade the design standards of the pond to meet
current Watershed District standards that have changed since 2006. As a result of those efforts
a favorable design change was implemented that resulted in the elimination of the retaining wall
that had been part of the original design. The City's consulting engineer's stormwater manage-
ment report is attached.
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Utilities
The applicant has submitted a utility plan. The City requires the construction plans to be pre-
pared by the City. The City Engineer has reviewed the cursory plan and requested some minor
modifications. Subject to the recommended changes, the utility plans illustrate that the project
can be satisfactorily accommodated by City services. The Applicant has indicated that they will
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 9 of 21
be proceeding with private constructions of the street and utility improvements for the site. A
feasibility report for the project will be financed by the developer as a requirement of the plat
approval.
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Grading
The Applicant intends to complete the grading in one phase. The area identified in yellow is the
extent of the grading areas. The rear of the east lots near the pipeline and outside of the identi-
fied yellow area will not be disturbed.
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 10 of 21
Grading Plan Detail
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The City's consulting engineer worked with the Applicant on the modification of the grading plan
to reflect the required changes for surface water management. The changes identified during
this collaboration will be expected to be on the final grading plan and final plat. Subject to the
recommended changes, the grading plans illustrate that the project can be satisfactorily ac-
Planning Staff Report— Oak Cove
Cases PP14 -005
March 24, 2014
Page 11 of 21
commodated by City services. All homes must also have a minimum elevation of two feet above
the highest water elevation of the final pond design.
Tree Preservation
As indicated earlier, the property has a mixture of open grassland areas and wooded areas. A
tree inventory was completed in 2006 as required. Since that time, the City's ordinance criteria
related to tree preservation was modified. The results of the modification reduced the number of
qualifying trees inventoried. Based on the ordinance change and growth rates since the inven-
tory was first completed, the City is working with the applicant on a revised tree preservation
plan. The redesign of the pond did increase some tree removal in that area. Mitigation will be
required per the ordinance.
As a result of the public testimony during the 2006 plat approval process, the request to save an
area of existing trees as a buffer area was made and Gonyea Land created a larger lot size on
Lot 1 in the requested area. The current developer has also maintained that lot size and tree
buffer area. The detail below identifies this area:
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Requested Buffer Area
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 12 of 21
Landscaping
Consistent with landscaping requirements related to new single family developments, an addi-
tional four yard trees and ten shrubs are proposed to be required per lot beyond the required
boulevard trees.. The landscaping plan for the lots is included on Sheet L1 of the attached plans.
The Parks Department has voiced a recommendation on the boulevard /front yard tree place-
ment and that a variety of trees from the City's approved tree planting list be utilized to promote
diversification and prevent mass disease issues in the future. The applicant was provided with
this information, and the plans are required to be modified to reflect this diversity and planting
location.
Parkland Dedication
The submitted plat establishes one area of the subdivision containing the majority of the site's
required ponding. This area is proposed to be dedicated as public open space, but does not
have any public frontage and is burdened by the ponding. No parkland dedication credit will be
given for this area.
The previous approved plat included the dedication of Outlot B for park and open space pur-
poses. This outlot was created as a trailway corridor that linked to the Gateway North Open
Space area to the east of the plat. There is no planned active recreation development for this
outlot. Based on the trailway connection to the Gateway North Open Space benefiting the lots in
the development and in consideration for the rezoning, there was no previous credit given for
the outlot in 2006. The same criteria are being applied for this application. Outlot B was ex-
panded to the north to solve a topography issue with the existing trail connection to the east.
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Parkland Dedication
The submitted plat establishes one area of the subdivision containing the majority of the site's
required ponding. This area is proposed to be dedicated as public open space, but does not
have any public frontage and is burdened by the ponding. No parkland dedication credit will be
given for this area.
The previous approved plat included the dedication of Outlot B for park and open space pur-
poses. This outlot was created as a trailway corridor that linked to the Gateway North Open
Space area to the east of the plat. There is no planned active recreation development for this
outlot. Based on the trailway connection to the Gateway North Open Space benefiting the lots in
the development and in consideration for the rezoning, there was no previous credit given for
the outlot in 2006. The same criteria are being applied for this application. Outlot B was ex-
panded to the north to solve a topography issue with the existing trail connection to the east.
Planning Staff Report —Oak Cove
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March 24, 2014
Page 13 of 21
The parkland dedication for this plat is recommended to be the cash dedication rate applicable
at the time of final platting. The current parkland dedication rate for single family development is
$3,200.00 per unit. The parkland dedication payment shall be made for 12 lots prior to the
release of the final plat for recording with Washington County.
Area Charges
Due to the increased sanitary sewer infrastructure required to service the designated rural resi-
dential property in the West Draw with public utilities, the rates for this subdivision are higher
than the typical sanitary sewer and water area charge rate established for West Draw Area One.
The sanitary storm and water area charges for the subdivision will be calculated at the rate es-
tablished in the City's annual fee schedule at the time of development and will be detailed in the
Development Agreement.
Public Safety Review
The Public Safety Department reviewed the application and did not note any additional require-
ments since the original 2006 approval.
Public Hearing Notices
Public hearing notices were mailed to 49 property owners who are within 500 feet of the pro-
posed subdivision. These notices were mailed on March 12, 2014.
Recommendation
That the Planning Commission hold a public hearing and forward a recommendation of approval
for the preliminary plat for Oak Cove, which creates 12 single family lots and 2 outlots on land
located south of Timber Ridge 5th Addition on Burr Oak Cove, subject to the conditions listed
below:
1. The final plat must conform to the preliminary plat included in the 2014 resolution of
approval for Oak Cove.
2. The street name for the subdivision shall be Burr Oak Cove South.
3. A feasibility report for the project shall be prepared by the City at the expense of the
Applicant.
4. The developer must enter into a subdivision agreement with the City pursuant to Title 10
of the City Code. Private and public improvement cost responsibilities must be included in
the signed and recorded document.
5. The developer and builders must comply with all City ordinances and policies.
6. Outlot A must be conveyed to the City of Cottage Grove.
7. Outlot B must be conveyed to the City of Cottage Grove.
8. The developer must prepare a warranty deed for purposes of conveying fee ownership of
Outlots A and B to the City of Cottage Grove. Once the City has accepted the
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March 24, 2014
Page 14 of 21
improvements, the developer has removed all silt fence and erosion control devices, and
ground vegetation has matured within these Outlots and is accepted by the City, the
developer shall prepare a record plan for each Outlot. A copy of the record plan must be
submitted to the City. The warranty deed for these Outlots shall be recorded at the
Washington County Recorder's office once the Outlots are accepted by the City.
9. Park dedication requirements must be met through a cash payment for 12 lots, with the
total amount based on fees in effect at the time the final plat is recorded.
10. The applicant receives appropriate building permits from the City, and permits or approv-
als from other regulatory agencies including, but not limited to, the South Washington
Watershed District, DNR, and the Minnesota Pollution Control Agency.
11. The final plat must incorporate all comments included in the March 17, 2014, memoran-
dum from the City's engineer.
12. The final plat must incorporate all comments included in the March 11, 2014, letter from
the City's consulting engineer.
13. All utility, drainage, and development plans must conform to the plans approved by the City
Engineer. The developer may start rough grading of the lots before the plat is filed if a
MPCA Construction Storm Water Permit has been issued and the City has been furnished
with a cash escrow or letter of credit in the minimum amount specified in the approved
development agreement.
14. The revised grading and utility plan must be submitted to City staff for review and
approval prior to the review of the final plat before to the City Council.
15. All emergency overflow swales must be identified on the grading and erosion control
plan, and drainage calculations must be submitted prior to City Council approval.
16. The applicant must submit a final construction management plan that includes erosion
control measures, project phasing for grading work, areas designated for preservation, a
crushed -rock construction entrance, and construction - related vehicle parking for staff
review and approval prior to issuance of a grading permit.
17. Erosion control devices must be installed prior to commencement of any grading activity.
Erosion control shall be performed in accordance with the recommended practices of the
"Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the
conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's
Subdivision Ordinance.
18. Development of this project must comply with the grading and erosion control plans as
approved by the City Engineer.
19. After the site is rough graded, but before any utility construction commences or building per-
mits are issued, the erosion control plan shall be implemented by the Developer and
inspected and approved by the City. The City may impose additional erosion control re-
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Page 15 of 21
quirements if it is determined that the methods implemented are insufficient to properly
control erosion.
20. All areas disturbed by the excavation and back - filling operations shall be fertilized,
mulched, and disc anchored as necessary for seed retention. Time is of the essence in
controlling erosion. If the developer does not comply with the erosion control plan and
schedule, or supplementary instructions received from the City, or in an emergency
determined at the sole discretion of the City, the City may take such action as it deems
appropriate to control erosion immediately. The City will notify the developer in advance
of any proposed action, but failure of the City to do so will not affect the developer's and
the City's rights or obligations. If the developer does not reimburse the City for any costs
of the City incurred for such work within thirty (30) days, the City may draw down the
letter of credit to pay such costs.
21. All emergency overflow swales must be identified on the grading and erosion control
plan. Each fall while home building is occurring, emergency overflow elevations shall be
surveyed to ensure the emergency overflows are properly graded and maintained.
22. The dimensions of each lot must be verified on the final plat and a list containing the
square footage for each lot must be provided to the City.
23. Upon completing site grading, four copies of an "As- Built" survey for the site grade
elevations must be submitted to the City. An electronic file of the "As- built" survey must
be submitted to the City Engineer.
24. A pre- construction meeting with City staff and the contractor must be held before site
work begins. The contractor shall provide the City with a project schedule for the various
phases of construction.
25. The developer must remove all dead and diseased trees, all other debris, and fencing
materials that serve no practical use. This work must be completed prior to the issuance
of a building permit.
26. The Developer must make all necessary adjustments to the curb stops, gate valves, and
metal castings to bring them flush with the topsoil (after grading).
27. The Developer must place iron monuments at all lot and block corners and at all other
angle points on property lines. Iron monuments must be placed after all site and right -of-
way grading has been completed in order to preserve the lot markers for future property
owners.
28. The Developer shall contact the electric, telephone, gas, and cable companies that are
authorized to provide service to the property for the purpose of ascertaining whether any
of those utility providers intend to install underground lines within the development. The
Developer agrees to comply with applicable requirements of franchise ordinances in
effect in the City, copies of which are available from the city administrator.
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March 24, 2014
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29. The Developer is responsible for street sweeping responsibilities or the costs for the en-
tire designated construction haul route during the development of the subdivision.
30. The City agrees to review and consider the final wear course paving along the roadway in
advance of 90 percent of the houses on that street segment having been constructed.
31. The Developer must install a sidewalk conforming to City standards along the east side of
the public street as identified in the staff report. Damage to sidewalks during the home
construction process shall be the responsibility of the Developer.
32. The Developer must install an eight -foot wide bituminous pathway through the southeast
corner of the plat in Outlot B from the eastern boundary of Outlot B to the new parking lot
as delineated on the master plan. The final grading plan and site plans should reflect all
required trailway and sidewalk locations.
33. Tree mitigation is required in accordance with ordinance criteria.
34. An additional four yard trees and ten shrubs must be planted on each residential lot
above and beyond any required tree mitigation measures.
35. The Developer must post a letter of credit or escrow to the City for the estimated cost of
the boulevard trees, four yard trees, and ten shrubs on each lot.
36. The Applicant must hire a city- approved arborist to assist with all facets of tree preserva-
tion on the site. The arborist will supervise installation and maintenance of tree preser-
vation fencing and the tree and brush removal process. Mitigative measures to aid in
preservation of trees slated to remain will occur based upon the recommendations of the
arborist. Should trees designated for preservation be removed, the Applicant will replace
the trees in accordance with the ordinance criteria. Trees designated for preservation that
are found to be harmed, diseased, or dying, or are not suited for location into the project
may be removed based upon the recommendation of the arborist in agreement with the
City and the Applicant. Trees removed will be replaced as required by ordinance. The
developer must install snow fencing or similar fencing material around all trees or groups
of trees that are to be preserved prior to any grading activity on the site.
37. The monument signs must comply with the City's Sign Ordinance and only be placed on
private property. The owner of the lot of the sign location is responsible for the mainten-
ance of the sign. Removal of the sign is prohibited without City approval.
38. The Developer must submit private covenants which details the following:
• Monument signs will be maintained by the homeowner of the lot of the monument
location.
• Any fencing provided on the site will be constructed of materials that are uniform in
design and color.
• All signs, mailboxes, and accessory lighting will be uniform in materials and design
and be approved as part of the landscape plan.
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 17 of 21
39. The developer must advise homebuyers that they are responsible to maintain the boule-
vard area that abuts their property all the way to the curb of the street.
40. The developer must construct or install and pay for the following onsite improvements as
identified in the feasibility study :
• Paved streets
• Concrete curb and gutter
• Street lights
• Water system (trunk and lateral) and water house service stubs
• Sanitary sewer system (trunk and lateral) and sanitary house service stubs
• Storm sewer system
• Street and traffic control signs /signals
• Shaping and sodding drainage ways and berms in accordance with the drainage
development plan approved by the City Engineer
• Adjust and repair new and existing utilities
• Sidewalks and trails
• Erosion control, site grading and ponding
• A proportioned share of the public parking lot in lieu of a cul -de -sac within the plat.
41. Developer will provide to the City copies of bids, change orders, test results, suppliers,
subcontractors, etc., relating to the work to be performed by the developer.
42. The City agrees to sealcoat the streets in the subdivision no later than two years after the
final lift for the road has been constructed.
43. It is the developer's responsibility to keep active and up to date the developer's con -tract
and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until
the developer has been released from any further obligation by City Council motion
received in writing from the City Engineer.
44. The developer agrees to furnish to the City a list of contractors being considered for re-
tention by the developer for the performance of the work described in the development
agreement.
45. Developer will be required to conduct all major activities to construct the public im-
provements during the following hours of operation:
Monday through Friday
Saturday
Sunday
7:00 A.M. to 7:00 P.M.
8:00 A.M. to 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24 -hour basis such as dewatering,
etc. Any deviations from the above hours are subject to approval of the City Engineer.
Violations of the working hours will result in a $500 fine per occurrence.
Planning Staff Report— Oak Cove
Cases PP14 -005
March 24, 2014
Page 18 of 21
46. The developer shall weekly, or more often if required by the City Engineer, clear from the
public streets and property any soil, earth or debris resulting from construction work by
the developer or its agents or assigns. All debris, including brush, vegetation, trees and
demolition materials shall be properly disposed of off -site. Burning of trees and structures
is prohibited, except for fire training only.
47. The developer grants the City, its agents, employees, officers, and contractors
permission to enter the site to perform all necessary work and /or inspections during
grading and the installation of public improvements by the developer.
48. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site.
49. Dust control measures must be in place to prevent dust and erosion, including, but not
limited to daily watering, silt fences, and seeding. The City Engineer may impose
reasonable measures to reduce dust at the site.
50. City will not have any responsibility with respect to any street or other public im-
provements unless the street or other public improvements have been formally accepted
by the City. Upon completion of the improvements, the developer may request, in writing,
their acceptance by the City. This request must be accompanied by proof that there are
no outstanding judgments or liens against the land upon which the public improvements
are located. Upon the City's receipt of a written request for acceptance from the
developer, the City Engineer will conduct a final inspection of the public improvements
and will furnish a written list of any deficiencies noted. The City Engineer will base the
inspection on compliance with the approved construction plans, profiles and
specifications, as required by the city ordinance. Upon satisfactory completion of all
construction in accordance with the approved plans, profiles, and specifications, as
certified by a registered engineer in the State of Minnesota, and receipt of reproducible
record drawings and satisfactory test results, the City Engineer will notify the developer in
writing of the City's approval of the public improvements and schedule the request for
acceptance for review by the City Council.
51. Upon completion of the work, the developer shall provide the City with a full set of as -built
plans for City records and transmitted to the City in a DWG Autocad format and pdf
format. Developer must also furnish the City with a pdf format of the final plat and four
prints of the recorded plat. If the Developer does not provide as- builts, the City will
produce them at the developer's expense.
52. The developer is responsible for completing the final grade on all lots and ensuring all
boulevards and yards have a minimum of four inches of organic topsoil or black dirt on
them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred
to homeowners.
53. No building permit will be issued until such time as adequate public utilities, including
street lights, and streets have been installed and determined to be available to use. The
City will require that the utilities, lighting, and street system have been constructed and
considered operational prior to issuance of any building permits in the development. Also,
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 19 of 21
the City must have all the necessary right -of -way and /or easements needed for the
property to be serviced.
54. Adequate dumpsters must be on site during construction of streets, utilities, and houses.
When the dumpsters are full, they must be emptied immediately or replaced with an
empty dumpster. The developer is responsible to require each builder to provide an on-
site dumpster to contain all construction debris, thereby preventing it from being blown
off -site.
55. Adequate portable toilets must be on -site at all times during construction of utilities,
roadways, and houses. At no time shall any house under construction be more than 250
feet away from any portable toilet. Toilets must be regularly emptied.
56. After the site is rough graded, but before any utility construction commences or building
permits are issued, the erosion control plan shall be implemented by the developer and
inspected and approved by the City. The City may impose additional erosion control
requirements if it is determined that the methods implemented are insufficient to properly
control erosion.
57. The onsite improvements must be in conformance with City approved plans and
specifications and will be installed at the sole expense of the developer in conformance
with City Code Title 10, Chapter 5.
58. The form of the financial security is subject to the reasonable approval of the City.
59. The City will supply the street light poles and luminaries. The Developer will pay the City for
street light poles and street light luminaries. This fee is due and payable at the time of
executing the development agreement.
60. The final plat and declaration of private covenants must be recorded with the Washington
County Recorder's Office before any building permit can be issued.
61. Before final financial guarantees are released, a certificate signed by a registered
engineer must be provided. This certificate will state that all final lot and building grades
are in conformance to drainage development plan(s) approved by the City Engineer.
62. The Developer is responsible for the cost and installation of all public property markers as
depicted in the feasibility report.
63. The Developer must install boundary markers along the portions of Outlots A and B and
all other areas of the plat abutting public parks and open space as identified in the
feasibility report. Residential lots designated to have a boundary marker(s) must have the
marker(s) before a Certificate of Occupancy can be issued for the house on that
particular residential lot.
64. All mailboxes and location of mailboxes must comply with the U.S. Postal Office
guidelines and regulations. Mailboxes placed at the curb shall all be the same design and
color.
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 20 of 21
65. Turf management in and around the stormwater basin in Outlot A will be performed by
the City about twice per year. Weed control might occur once per year and the area will
not be fertilized. Debris will generally be removed. Trees will be regularly trimmed and
monitored. Tree saplings will be removed by Public Works. The City will periodically
inspect the basin to assure proper flow of the stormwater system. Inspections may result
in structure maintenance /reconstruction (inlets, outlets, skimmers, etc.), sediment
removal, basin shaping, and storm pipe cleaning. All disturbed areas will be restored with
similar materials. A natural buffer within 15 feet of a normal water level will be preserved.
If the homeowners adjacent to the basin desire a more regular maintenance of the
ground cover or that it be irrigated, the homeowners shall prepare a maintenance plan
and submit it to the Cottage Grove Public Works for review and approval.
66. Homeowners that have a sidewalk in front or on the side of their property are responsible
for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping
and promptly removing ice and snow or other obstruction to ensure the safe passage of
pedestrians.
67. The Developer must ensure that all builders keep all streets free of debris and soil until
the subdivision is completed. Warning signs shall be placed when hazards develop in
streets to prevent the public from traveling on said street(s) and directing them to detour
routes. If and when the street becomes impassible, such streets shall be barricaded and
closed. In the event residences are occupied prior to completing streets, the Developer
must maintain a smooth driving surface and adequate drainage on all streets until they
are completed and accepted by the City. The Developer hereby agrees to indemnify and
hold the City harmless from any and all claims for damages of any nature whatsoever
arising out of Developer's acts or omissions in performing the obligations imposed upon
Developer by this paragraph.
68. The Developer is responsible for street maintenance, boulevard sod, and street sweeping
until the City accepts construction of all improvements for the subdivision as detailed in
the feasibility report.
69. The Developer is responsible to maintain grass and weeds on their property so as not to
exceed eight inches in height. Failure to control grass and weeds will be a violation of
City ordinances and the City may, at its option, perform the work and the property owner
shall promptly reimburse the City for any expense incurred by the City.
70. The Developer must ensure that each builder within the subdivision completes the final
grade on all lots in accordance with the approved development plan and that all
boulevards and yards have a minimum of four inches of organic topsoil or black dirt on
them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred
to homeowners.
71. A Developer's cash escrow must be posted with the City's Finance Director in a non -
interest bearing account to cover engineering, legal and administrative costs incurred by
the City. If this account becomes deficient it shall be the developer's responsibility to
deposit additional funds. This must be done before final bonding obligations are
complete. This escrow amount will be included in the development agreement.
Planning Staff Report — Oak Cove
Cases PP14 -005
March 24, 2014
Page 21 of 21
72. An engineering cash escrow must be posted with the City's Finance Director in a non -
interest bearing account to cover costs of City services, expenses, and materials
provided in reviewing and processing of the final plat, including but not limited to staff
time, legal expenses, office and field inspections, general inspections, and all other city
staff services performed. This escrow amount will be included in the development
agreement.
Prepared by:
John M. Burbank, AICP
Senior Planner
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_ a eJ EN VIRONMENTAL�ENGINEERING •.SYRVEYING
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W N Dayton, Minnesota Phone: 763- 489 -7900 Fax: 763- 489 -7959
Cottage
J Grove
h ere Pride a ^a Pro sperity Meet
To: John Burbank
From: Ryan Burfeind
Date: March 17, 2014
Re: Oak Cove Plan Review Comments
This memo summarizes the review of the Oak Cove plans. This review is based upon
documents submitted by Carlson McCain, dated 2/26/2014.
General
1. All City of Cottage Grove standard detail plates referenced can be found on the City
website at cottage- g rove. org, under the engineering department, and shall be
included in the plans.
2. A NPDES Construction Stormwater permit is required with the MPCA.
Plat
1. The drainage and utility easement for the emergency overflow between Lots 1 &2,
Block one, should be 20 feet wide
Street
1. Typical street section shall conform to detail plate STR -16 for 32' (F -F) wide
residential street section.
2. Interim street design shall conform to STR -27, Concrete curb protection bituminous
wedge.
Water Main
1. Concrete hydrant pads shall be installed per detail sheet STR -27
Storm Sewer
1. Storm sewer shall be RCP.
2. The outlet control structure shall conform to the standard skimmer structure,
STO -16.
3. Final catch basin prior to the stormwater pond outlet shall have a sump.
Erosion Control
1. Silt fence shall conform to detail plate ERO -1A.
2. Rock construction entrance shall conform to detail plate ERO -7.
Stantec
Memo
To: Jennifer Levitt From: Brad Schleeter
City of Cottage Grove Stantec
File: 193802279 Date: March 11, 2014
Reference: Stormwater Review of Oak Cove Addition
We have reviewed the Oak Cove Addition submitted plan set (dated 2/26/14) and Stormwater
Management Plan (dated 2/26/14) for compliance with the City Stormwater management design
requirements and standards. Our comments are as follows:
Plat Comments:
To accommodate the street emergency overflow, a 20 foot wide drainage and utility
easement should be provided between Lots 1 -2 Block 1.
Grading and Drainage Comments:
2. Street flow distances should not exceed 400 feet. It will be necessary to add a set of catch
basins further south in Burr Oak Cove to meet this standard.
3. The drainage breakpoint in the rear of Lots 1 -3 Block 2 should be raised and /or pushed back
to be a minimum of 25 feet from the house pad and 0.5 feet below the low home opening
elevation.
4. Stormsewer design calculations should be submitted for review.
5. Stormsewer street crossings should be as close to perpendicular with the street as possible.
6. The City does not allow submerged inlet skimmer structures. A City standard outlet skimmer
structure (Plate STO -16: 5 -foot diameter with weir wall) should be used.
7. The City must have maintenance access from the street to the proposed pond and pond
outlet structure. The City's typical pond bench detail has a 10 -foot wide maintenance bench
starting 2 feet above the pond Normal Water Level. An 8 -foot wide flat section on top of the
berm could double as maintenance access in the berm segments of the pond.
8. Pond maintenance access from Burr Oak Cove South is provided via a 25 foot (20 foot
Outlet A and 5 foot drainage and utility easement) maintenance access. The following
requirements apply to this maintenance access:
a. The Stormsewer depth within this 25 foot access should be no deeper than 12.5 feet
(1/2 times the width of the available outlot /easement).
b. The grade on this access should be no steeper than 6:1.
9. Please provide more information (e.g. cross - section detail) of the proposed pond infiltration
bench.
Design with community In mind
c\ clie nl\ mu nicipol \cottage�mve_ci_mn \48gen \special issues &projects \2014 \oak cove\jevitt bpSAsformwater review 031114.do x
® Stantec
March 11, 2014
Jennifer Levitt
Page 2 of 2
Reference: Stormwater Review of Oak Cove Addition
Stormwater Quality /Quantity Comments:
10. The Stormwater Management Plan narrative describes the use of an infiltration bench to
meet the City's volume control requirement. With the soils information provided, it appears
that there are a variety of reasons (e.g. clayey soils, depth to bedrock, and location within a
Wellhead Protection Area) why infiltration is not suitable in the pond area. Without a soil
boring in the location of the basin confirming that soils can infiltrate and depth to bedrock is
sufficient, the City will not allow infiltration to be assumed in the pond benches.
11. As an alternative to meeting the City's volume control requirement using infiltration, the City
would consider a filtration design (filter media and draintile). In the design of a filtration
system, the City would prefer a filtration shelf or separate filtration basin, as opposed to
installing draintile around the entire pond perimeter in a bench.
12. Infiltration /filtration drawdown time calculations should be provided. The City requires that
surface infiltration /filtration feature draw down within 48 hours.
13. The plans should note that the designed wet portion of the pond (below the 882.7 pond
NWL) be lined with clay to allow this portion of the basin to hold water as designed.
14. Infiltration (or filtration) should not be accounted for in the rate control calculations.
15. From the soil boring logs provided, it does not appear that the assumption in the stormwater
calculations of Hydrologic Soil Group (HSG) B soils is appropriate. Assuming HSG C soils would
better represent the site conditions.
Stantec Consulting Services
Bradley P Schleeter, PE
Phone: (651) 604 -4801
brad.schleeter@stantec.com
c. Dave Sanocki, Stantec
Design with community in mind
r \client \municipal \cottage -grove-c _mn \48gen \special issues & projects \2014 \oak cove \ievitl_bpsAslormwater review 031114.docx
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS
OAK COVE
This Declaration Of Restrictions And Protective Covenants — Oak Cove (the
"Declaration ") is made this _ day of , 2014 by Meridian Land Holdings, a limited
liability company under the laws of the State of Delaware (the "Declarant')
The Declarant does hereby declare and establish and impose upon the premises situated
in the City of Cottage Grove, County of Washington, State of Minnesota, and described as set
forth in Exhibit A , that the following protective Covenants, Restrictions and Reservations which
are for the benefit of the afore - described premises and every residential lot therein, and shall
inure to and operate as equitable Covenants, Restrictions and Reservations passing with the
conveyance of every lot and are imposed upon said premises as a servitude in favor of said
premises and each lot therein:
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described in Exhibit A of this
Declaration (collectively the "Property ", and each lot thereof a "Lot'); and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities
of the community and to this end desires to subject the Property to the restrictions, covenants and
conditions set forth in this Declaration, each and all of which is and are for the benefit of the
Property and each owner of a Lot thereof; and
NOW, THEREFORE, Declarant declares that the real property described in Exhibit A
hereof is and shall be, held, transferred, sold, conveyed and occupied subject to the following
covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as
"Covenants and Restrictions "), which covenants and restrictions shall run with the real
property and be binding on all parties having any right, title or interest in the hereinafter -
described properties or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof:
DOCS44032147 -v2
ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Property Subject To This Declaration The real estate subject to this
Declaration is located in the City of Cottage Grove, Washington County, Minnesota and
described in Exhibit A attached hereto, all of which property shall hereinafter be referred to as
the "Property ".
ARTICLE 11
USE AND DWELLING SIZE RESTRICTIONS
Section 1. Lot Usage No Lot shall be used except for family residential purposes.
No building or structure shall be permitted to remain on any Lot except a family residence with
an attached garage design to accommodate a minimum of two (2) cats. The exterior construction
of any building must be completed within twelve (12) months of the beginning of its
construction unless otherwise permitted by the ACC.
Section 2. Dwelling Sizes No dwelling shall be permitted on any Lot with a ground
floor area of the main structure, exclusive of open porches and garages, which has less than
1,400 square feet for a one -story dwelling or which has less than 1,000 square feet for a two -
story dwelling, (however, a two -story dwelling shall not be less than 2,200 finished square feet
on the upper two levels), or which has less than 1,400 square feet for a modified two -story
dwelling (said modified two -story must have finished area on the upper two floors of 2,200
square feet) or 1,400 square feet for a four -level split. A one -story residence having a basement
that opens out on the ground level at the side or rear of the Lot shall be considered as being a
one -story dwelling for purposes of this section.
Section 3. Exterior Color The colors of the roofs, exterior walls, doors and trim
shall be consistent and harmonious with the exterior color schemes of other dwellings located
within the Property.
ARTICLE III
PROHIBITED USES
Section 1. Nuisances No noxious or offensive activities shall be carried on upon any
Lot.
Section 2. Pets and Livestock Dog runs or similar animal cages are permitted only
when adequately screened from view. No animals, livestock or poultry shall be raised on any
Lot, except household pets, so long as they are not kept or bred for commercial purposes.
Section 3. Garbage and Rubbish No Lot may be used as a dumping ground for
rubbish or trash and all trash or rubbish shall be kept in sanitary containers.
Section 4. Signs No signs may be displayed to public view on any Lot except signs
of not more than seven (7) square feet advertising the property for sale or rent, or any signs
placed by the Declarant to advertise the property during the sale of Lots,. Entrance monuments
are exempt from this section.
2
DOCS44032147 -v2
Section 5. Storage of Vehicles and Equipment No commercial vehicles, recreational
vehicles, trucks of one (1) ton capacity or larger, campers, buses converted to campers or other
light vehicles shall be parked, stored or left on any Lot for more than five (5) consecutive hours
in one day, except within the house, garage or screened area. This prohibition shall not prohibit
the parking of contractors' trucks and equipment used during the construction of improvements
to any Lot or during the actual repair of the property. No motor vehicle which is not licensed and
operable shall be parked or stored on any Lot for more than forty -eight (48) hours. No
snowmobiles, boats, trailers, construction equipment, building materials or supplies, ice houses,
pick -up campers or other extraneous and unsightly objects shall be stored on any Lot, except that
construction equipment and building materials and supplies may be stored in a neat and orderly
manner upon a Lot during the actual construction of improvements upon such Lot.
Section 6. Television Receiving Dishes, Private Broadcast /Reception Equipment
Except as otherwise permitted or restricted by statutes, rules, regulations and requirements of
governmental authorities having jurisdiction, no television or communications satellite receiving
equipment of any type may be installed on the exterior of any Lot unless any such equipment is
complies with the following restrictions: (i) one antenna 24" or less in diameter may be installed
to receive direct broadcast /satellite service or video programming services; or (ii) one antenna
may be installed to receive television broadcast signals. An antennae shall be no more than ten
(1 0) feet above the highest roof line in the Property, and must be installed so as to minimize its
visibility from the street side(s) of the dwelling and to otherwise camouflage its appearance,
unless such requirements: (a) unreasonably delay installation; (b) unreasonably increase the cost
of installation, maintenance or use of the antenna; or (c) preclude reception of an acceptable
quality signal. No exterior citizen band or amateur radio antennas or exterior public broadcast
television antennas may be installed without prior ACC approval. No receiving equipment
falling outside of the restrictions listed above shall be permitted to be installed on any Lot.
Section 7. In -Home Business No businesses can be established in family residences
located on the Lots that cause traffic congestion, car parking congestion or similar nuisances.
Section 8. Fences; Outbuildings Fences and outbuildings shall be permitted only to
the extent permissible under local laws and ordinances; provided, however, that the colors and
materials chosen for such fences and outbuildings shall be consistent and harmonious with the
color of the dwelling located on any Lot upon which such fence or outbuilding is constructed;
and further provided that no chain link fences shall be permitted.
Section 9. No Temporary Structure No structure of a temporary character, including
but not limited to a trailer, basement, tent, shack, garage, barn or other building shall be used on
any Lot at any time as a residence, either temporarily or permanently.
Section 10. Tanks No tanks for the storage of fuel shall be maintained on any Lot
with the exception of small propane tanks used in connection with outdoor gas grills.
3
DOCS- #4032147 -v2
ARTICLE IV
GENERAL PROVISIONS
Section 1. Duration of Declaration of Covenants Restriction and Easements The
Covenants, Restrictions and Easements of this Declaration shall run with and bind the land and
shall inure to the benefit of and be enforceable by the owner of any Lot subject to this
Declaration, or their respective legal representatives, heirs, successors and assigns. The
Covenants and Restrictions herein set forth shall have a term of thirty (30) years from the date
this Declaration is recorded, after which time said Covenants and Restrictions shall be
automatically renewed for successive periods of ten (10) years. The Covenants and Restrictions
of this Declaration may be amended during the first thirty (30) year period by an recorded
instrument signed by not less than seventy -five percent (75 %) of the owners and thereafter by an
recorded instrument signed by not less than a majority of the owners..
Section 2. Enforcement If there shall be a violation or an attempt to violate any of
the foregoing Covenants or Restrictions, it shall be lawful for any other person or persons
owning any Lot within the Property to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such Covenants or Restrictions, either to
prevent him or them from so doing or to recover damages for such violations.
Section 3. Severability Invalidation of any of the foregoing Covenants or
Restrictions by Judgment or Court Order shall in no way affect any other provisions hereof,
which shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed on this
day of 2014.
MERIDIAN LAND HOLDINGS, LLC
Its
DOCS44032147 -v2
STATE OF MINNESOTA
COUNTY OF
) ss.
The foregoing instrument was aclmowledged before me this day of , 2014,
by the of Meridian Land Holdings,
LLC, a Delaware limited liability company, on behalf thereof.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Lindquist & Vennum P.L.L.P. (MCT)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 371 -3983
DOCS44032147 -0
EXHIBIT A
Property
, Washington County, Minnesota.
DOCS44032147 -v2
DECLARATION OF MONUMENT SIGN EASEMENT
THIS DECLARATION OF MONUMENT SIGN EASEMENT (the "Easement') is
made as of this day of , 2014, by MERIDIAN LAND HOLDINGS,
LLC, a Delaware limited liability company ( "Declarant').
RECITALS
A. Declarant is the owner of that certain property located in the City of Cottage
Grove, County of Washington, Minnesota, as more particularly described in Exhibit A hereto
(the "Property ").
B. Declarant intends to construct upon the Property a single family residential
development to be known as Oak Cove (the "Development'), and wishes to grant an easement
for the construction and installation of a monument sign (the "Monument Sign ") on a lot
adjacent to the entryway of the Development, for the benefit of all of the lots within the Property,
and to memorialize of record the obligations of the owner of such lot to maintain the Monument
Sign.
NOW, THEREFORE, for good and valuable consideration, the receipt whereof is
hereby acknowledged, Declarant hereby declares as follows:
1. Grant of Easement Declarant hereby declares, for the benefit of all lots within the
Property, a nonexclusive perpetual easement ( "Easement') for monument sign purposes over
and across the (the "Monument Sign Easement Area ") of that certain real
property in Washington County, Minnesota, legally described as follows:
Lot 1, Block 2, Oak Cove, Washington County, Minnesota (the "Monument Lot').
The location of the Monument Sign Easement Area is graphically depicted on Exhibit B hereto.
DOCS- #4032156 -v1 *3/20/2014
2. Purpose of Easement Declarant shall be permitted to construct and install the
Monument Sign and associated landscaping within the Sign Easement Area. Grantor shall
obtain, at its sole expense, all necessary building, zoning, and other permits and approvals to
construct the Monument.
3. Maintenance of Monument Sign The owner of the Monument Lot and its
successors and assigns (collectively, the "Monument Lot Owner ") shall be obligated to
maintain the Monument Sign and associated landscaping.
4. Monument Lot Owner's Covenants The Monument Lot Owner hereby
covenants and agrees, at its sole expense, to maintain in good condition and repair the structural
and nonstructural portions of the Monument Sign in compliance with all applicable municipal
ordinances or other requirements (including, but not limited to, requirements of the City of
Hugo), and to carry such insurance as maybe appropriate. The Monument Lot Owner shall also
maintain the landscaping surrounding such Monument Sign in an attractive manner.
5. Easement Perpetual; Duration of Covenants; Covenants to Run with the Land
The easement granted herein shall be perpetual. The covenants herein contained shall also be
deemed perpetual, as made pursuant to the provisions of Minnesota Statutes, Section 500.20,
Subd. 4. The benefits and burdens hereof shall be deemed covenants to run with the land and to
bind and to inure to the benefit of the parties hereto and their respective successors in title to the
Property and the easement interest in the Monument Sign Easement Area.
6. Amendment or Termination The parties hereto acknowledge and agree that this
Easement shall not be modified, amended or terminated without the prior written consent of at
least seventy five percent (75 %) of the owners of the lots within the Property, and that any such
modification, amendment or termination to be effective only when recorded in the same manner
as this Easement, at the expense of the party requesting the same.
IN WITNESS WHEREOF, Declarant has caused this Declaration of Monument Sign
Easement to be executed as of the date first written above.
DECLARANT:
MERIDIAN LAND HOLDINGS, LLC
Name:
Its:
2
DOCS - #4032156 -v1
The foregoing instrument was acknowledged before me this day
, 2014, by the
of Meridian Land Holdings, LLC, a Delaware limited liability company, on behalf thereof.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Lindquist & Vennum P.L.L.P. (MCT)
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 371 -3983
of
DOCS - #4032156 -v1
EXHIBIT A
Property
Lots 1 through 6, inclusive, Block 1;
Lots 1 through 6, inclusive, Block 2;
all in Oak Cove, Washington County, Minnesota.
4
DOCS- #4032156 -v1
EXHIBIT B
Graphic Depiction of Sign Easement Area
DOCS- #4032156 -vl
Copy
RESOLUTION NO. 2012-061
RESOLUTION APPROVING AN ADDITIONAL ONE YEAR EXTENTION TO THE
FINAL PLAT APPROVAL PERIOD FOR THE OAK COVE SUBDIVISION
WHEREAS, Summit Ridge Two Company is requesting a one -year extension to the
City's final plat approval period for the residential subdivision named "Oak Cove." This plat
consists of 12 single family lots and 2 outlots, all of which are located on property legally
described as:
The West Y2 of the NE'% of the SE'% in Section 7, Township 27, Range 21,
Washington County, Minnesota, lying northerly of the following described lines:
Commencing at the NW corner of said NE'% of SE%; thence S00 1'26"W, along the
West line of said NE'% of the SE%, a distance of 540.00 feet to the point of
beginning of the lines to be described; thence S89 0 48'34 "E, a distance of 330.00
feet; thence S48 0 14'54 "E, a distance of 87.16 feet; thence S89 0 48'42 "E, a distance
of 265.00 feet to the East line of the West '/2 of said NE'% of the SE'% and there
terminating.
WHEREAS, the Planning Commission held a public hearing on July 24, 2006, to review
the preliminary plat application for Oak Cove Addition. The Planning Commission
recommended approval of this application on a 6 -to -1 vote, subject to certain conditions; and
WHEREAS, the City Council subsequently accepted the Planning Commission's recom-
mendation and approved the preliminary plat (Res. No. 06 -193) on September 20, 2006; and
WHEREAS, the City Council approved the final plat (Res. No. 07 -105) on June 20, 2007,
subject to 12 conditions; and
WHEREAS, Title 10 -2 -6, Effect of Subdivision Approval, of the City's Subdivision
Ordinance states that the City Council may extend the approval period by agreement with the
subdivider, subject to all applicable performance conditions and requirements or the Council may
require submission of a new application; and
WHEREAS, the final plat was never recorded at the Washington County Recorder's office
and an agreement between the developer and the City of Cottage Grove was not executed; and
WHEREAS, the final plat has not been modified since its approval by the City Council on
June 20, 2007; and
WHEREAS, on May 7, 2008, the City Council granted a one -year extension to the plat
approval based on current market conditions and in conformance with Title 10 -2 -6; and
WHEREAS, on April 15, 2009, the City Council granted another one -year extension to the plat
approval based on current market conditions and in conformance with Title 10 -2 -6; and
WHEREAS, on May 19, 2010, the City Council granted another one -year extension to the plat
approval based on current market conditions and in conformance with Title 10 -2 -6; and
Resolution No. 2012 -061
Page 2 of 2
WHEREAS, on May 4, 2011, the City Council granted another one -year extension to the plat
approval based on current market conditions and in conformance with Title 10 -2 -6.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage
Grove, Washington County, Minnesota, hereby approves grants a one -year extension to the
Oak Cove final plat, subject to the following conditions:
1. The developer must abide by the conditions stipulated in Resolution No. 06 -193,
approving the preliminary plat.
2. The developer must abide by the conditions stipulated in Resolution No. 07 -105,
approving the final plat.
3. The subdivision approval will expire on June 20, 2013.
Passed this 6th day of June, 2013.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk