Park and trail dedication requirements are waived for the lot split/reconfiguration.

“waive the Lot Split/Reconfiguration Park & Trail dedication”

Adopted by motion: "Ames made the motion to approve the Cote Lot Reconfiguration and Flag Lot Conditional Use Permit, eliminating CUP Condition 1 and changing CUP Condition 5 to be 20 feet on either side of the wetland, and waive the Lot Split/Reconfiguration Park & Trail dedication and paving/curbing requirements."

Paving and curbing requirements are waived for the lot split/reconfiguration.

“waive the Lot Split/Reconfiguration Park & Trail dedication and paving/curbing requirements”

Adopted by motion: "Ames made the motion to approve the Cote Lot Reconfiguration and Flag Lot Conditional Use Permit, eliminating CUP Condition 1 and changing CUP Condition 5 to be 20 feet on either side of the wetland, and waive the Lot Split/Reconfiguration Park & Trail dedication and paving/curbing requirements."

The east ends of all Phase 3 buildings and the east ends of buildings 1 and 2 in Phase 2 must be 100% Nova Brick.

“The east ends of all buildings in Phase 3 and the east ends of buildings 1 & 2 in Phase 2 be 100% Nova Brick”

Adopted by motion: "Motion by Schiller to approve 2 Conditional Use Permits, a Variance, Lot Reconfiguration, the Site Plan Review, and the Findings of Fact with these changes:"

The project must wait for the Fire Chief’s approval on turning radii, and buildings 6 and 9 must be reduced in length if necessary.

“Wait for approval from the Fire Chief regarding turning radii, and buildings 6 & 9 are reduced in length if necessary”

Adopted by motion: "Motion by Schiller to approve 2 Conditional Use Permits, a Variance, Lot Reconfiguration, the Site Plan Review, and the Findings of Fact with these changes:"

The applicant must work with the Zoning Administrator on the landscaping changes discussed.

“The applicant will work with Zoning Administrator on landscaping changes discussed”

Adopted by motion: "Motion by Schiller to approve 2 Conditional Use Permits, a Variance, Lot Reconfiguration, the Site Plan Review, and the Findings of Fact with these changes:"

Accessory buildings must be removed so the total accessory building area is no more than 3,200 square feet to meet Parcel B (Phase 3) outdoor storage requirements.

“Accessory buildings are removed to get to a total of 3200 sq ft maximum to meet Parcel B (Phase 3) outdoor storage requirement”

Adopted by motion: "Motion by Schiller to approve 2 Conditional Use Permits, a Variance, Lot Reconfiguration, the Site Plan Review, and the Findings of Fact with these changes:"

No screening condition is required because CUP Condition 1 was eliminated.

“Ames made the motion to approve the Cote Lot Reconfiguration and Flag Lot Conditional Use Permit, eliminating CUP Condition 1”

Adopted by motion: "Ames made the motion to approve the Cote Lot Reconfiguration and Flag Lot Conditional Use Permit, eliminating CUP Condition 1 and changing CUP Condition 5 to be 20 feet on either side of the wetland, and waive the Lot Split/Reconfiguration Park & Trail dedication and paving/curbing requirements."

The ditch/wetland easement/buffer area must be 20 feet on either side of the wetland (revised CUP Condition 5).

“changing CUP Condition 5 to be 20 feet on either side of the wetland”

Adopted by motion: "Ames made the motion to approve the Cote Lot Reconfiguration and Flag Lot Conditional Use Permit, eliminating CUP Condition 1 and changing CUP Condition 5 to be 20 feet on either side of the wetland, and waive the Lot Split/Reconfiguration Park & Trail dedication and paving/curbing requirements."

Complete the wetland delineation within five years.

“the wetland delineation is good for five years, so they should complete it within that time frame.”

No outdoor storage is allowed anywhere on the property.

“There shall be no outdoor storage anywhere on the property.”

CUP Condition 5 is modified to require a 20-foot area on either side of the wetland.

“changing CUP Condition 5 to be 20 feet on either side of the wetland”

The project is approved with CUP Condition 1 eliminated.

“Ames made the motion to approve the Cote Lot Reconfiguration and Flag Lot Conditional Use Permit, eliminating CUP Condition 1”

No additional signage is allowed along Viking Blvd.

“No additional signage will be permitted along Viking Blvd.”

Internal site directional and informational signage must be approved by the Zoning Administrator.

“Internal site directional and informational signage shall be approved by the Zoning Administrator.”

Architectural and structural plans must be submitted to the City Planner and Building Official for review and approval, and building height is limited to 35 feet.

“Architectural and structural plans are submitted for review and approval by the City Planner and Building Official. Building height is limited to 35 feet.”

Exhibit L (large vehicle turning movements) must be amended to show turning radii can be achieved in specified site areas, or the Phase 3 buildings must be shortened from the proposed 200-foot length.

“Exhibit L, large vehicle turning movements, is amended to demonstrate that turning radii can be achieved in the central and westerly portions of the site”

The revised landscaping plan must consider using trees rather than shrubs and consider a 3:1 conversion of shrubs to trees as allowed in Phase 1.

“Consideration be given to allowing a 3:1 conversion of shrubs to trees as was allowed in Phase 1.”

All land clearing, construction, and/or development involving earth movement must follow the approved site plans and the signed Erosion and Sediment Control requirements attached as Exhibit A.

“shall be in accordance with the approved site plans and in accordance with the Erosion and Sediment Control requirements signed by the property owner”

Stormwater calculations are required to properly size culverts at the two proposed driveway crossings.

“Stormwater calculations are required to appropriately size the culverts at the two proposed driveway crossings.”

Setbacks between multiple principal buildings on the same base lot must be at least 20 feet.

“Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty (20) feet.”

All common areas must be maintained either by single-entity ownership, condominium ownership under Minnesota Statutes 515A.1-106, or by division into a base lot and unit lots with equal undivided common-area interests.

“All common areas including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, parking areas, sidewalks, etc., shall be maintained in one of the follow…”

Buildings in Phase 3 must be shortened by 10-15 feet to allow a wider access aisle between Phases 2 and 3.

“Buildings in Phase 3 are shortened by 10-15 feet to allow a wider access aisle between the Phases 2 and 3.”

Architectural plans must show required building materials, including specified Nova Brick coverage and allowing metal only as stated (no galvanized or unfinished steel/aluminum).

“Architectural plans must demonstrate that building material requirements comply with the following:”

The northerly-most buildings in Phases 2 and 3 facing the future extension of Iguana Street must be 100% Nova Brick (less the overhead doors).

“The northerly-most buildings in Phases 2 and 3 which face the future extension of Iguana Street shall be 100% Nova Brick (less the overhead doors);”

The remainder of the structural exteriors may contain metal, but no galvanized or unfinished steel/aluminum is allowed.

“The remainder of the structural exteriors may contain metal (no galvanized or unfinished steel/aluminum).”

The revised landscaping plan must address screening along the west property line.

“Screening along the west property line ”

Before a certificate of occupancy is issued for a home on Parcel A, install a permanent address placard at the driveway entrance along Driscoll Street.

“Prior to issuance of the certificate of occupancy for a home on Parcel A, a permanent address placard must be placed at the driveway entrance along Driscoll Street.”

The developer must comply with all drainage requirements for drainage into any county ditch or other ditch, make necessary improvements/procedures, and comply with reasonable recommendations of the city engineers, all at the developer’s expense.

“The Developer shall comply with all requirements for drainage into any county ditch or other ditch through which water from the Subject Property may drain”

For non-emergency deficiencies, the developer must repair damage to public property within three business days after City notification.

“any damage to public property as a result of construction activity on the Minor Subdivision will be repaired within three (3) business days of being notified”

Provide drainage and utility easements as required by the City’s Subdivision Ordinance or as recommended by the City Engineer and approved by the City.

“Drainage and utility easements shall be provided as required in the City's Subdivison Ordinance or as recommended by the City Engineer”

Unused escrow funds must be returned to the developer without interest after improvements are completed and all City financial obligations are satisfied.

“Any amounts not utilized from this escrow fund shall be returned to the Developer, without interest, when all improvements have been completed”

All construction items and other work required under the agreement must be done at the developer’s sole expense.

“The Developer agrees that all construction items and other work required under this Agreement shall be done at the Developer's sole expense.”

The developer must indemnify and hold the City and its officials/agents harmless from third-party claims, including attorney’s fees, arising from plat approval and development.

“Developer shall indemnify the City and its governing board, its agents, employees, contractors, and representatives for all costs, damages or expenses”

A revised screening and landscaping plan must be submitted for review and approval by the City Zoning Administrator addressing the listed items.

“A revised screening and landscaping plan is submitted for review and approval of the City Zoning Administrator which addresses:”

A 20-foot trail easement must be established on the east side of Ford Brook across the Weiss property.

“A twenty (20) foot trail easement is established on the east side of Ford Brook across the Weiss property.”

The revised landscaping plan must provide larger trees and shrubs along the future extension of Iguana Street, in addition to or replacing the Yews shown along the northwest side.

“The provision of larger trees and shrubs along the future extension of Iguana Street, in addition to or replacing the Yews shown along the northwest side.”

The revised landscaping plan must add plantings along Viking Blvd.

“The addition of plantings along Viking Blvd.”

Landscape plantings must be maintained for proper health and longevity, and trees/shrubs may be replaced as necessary with equivalent species.

“Landscape plantings shall be maintained to ensure proper health and longevity. Trees and shrubs may be replaced as necessary with equivalent species.”

The landowners must not further subdivide or plat any of the subject property without the City’s express written consent until Driscoll Street NW is constructed to City bituminous road standards.

“they shall not further subdivide or plat any of the Subject Property without the City's express written consent.”

The landowners must combine Parcel A and the rear 40-acre parcel (30-33-25-32-0001) within 60 days of executing the agreement or immediately after issuance of a new PID for Parcel A.

“Landowners shall combine Parcel A and the rear 40- acre parcel (30-33-25-32-0001) as graphically depicted on attached Exhibit B within 60 days”

The developer must not contest or appeal any city assessment of the subject property for costs, and waives statutory appeal rights.

“the Developer agrees not to contest the authority of the City to assess the Subject Property or appeal such assessment”

The developer must assume full financial responsibility for any damage to public property caused by development activity and must pay all costs to repair public property damaged or cluttered with debris due to construction on the property.

“Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets”

The developer must clean streets and maintain storm sewer inlet control devices daily or as required by the City.

“Developer further agrees to clean the streets and maintain all storm sewer inlet control devices on a daily basis or as required by the City.”

The Hybbens must provide proof satisfactory to the City Engineer that no utilities exist within the easement proposed to be vacated.

“provide proof to the City that no utilities exist within the easement to be vacated, to the satisfaction of the City Engineer.”

Submit an application and hold a public hearing to vacate the existing road easement.

“An application is submitted and a public hearing is held to vacate the existing road easement.”

Before issuing certificates of occupancy for homes on Parcels A and B, install permanent address placards at the driveway entrance on 205th Avenue and where the two driveways split.

“Prior to issuance of the certificate of occupancy for homes on Parcels A and B, permanent address placards must be placed”

The fence must be located outside the wetland buffer.

“The fence shall be located outside of the wetland buffer.”

The applicant may proceed with site grading only after the City Engineer reviews and approves the site, grading, erosion control and development plans and after submitting an Erosion and Sediment Control Application and the required cash escrow.

“authorization is given to proceed with site grading pending submission of an Erosion and Sediment Control Application and a cash escrow amount”

The base lot must meet the minimum lot area, lot width, and setback requirements of this section.

“Base Lot Requirements: The base lot shall conform to the minimum lot area, lot width, and setback requirements of this Section.”

Sign and record the Lot Split Agreement prohibiting further subdivision of the Holzem property and comply with all terms in that agreement.

“The Lot Split Agreement is signed and recorded which prohibits any further subdivision of the Holzem property (PIDs 30-33-25-31-0001 and 30-33-25-32-0001)”

Design the driveway surfacing, clearance, and radius to accommodate emergency fire vehicles and obtain City Engineer review and approval before any building permit is issued for Parcel A (and the rear 40 acres).

“The driveway surfacing, clearance and radius must be designed to accommodate emergency fire vehicles and shall be subject to review and approval by the City Engineer prior to issua…”

Pay the City a cash amount equal to the 2019 Rolling Hills street improvement assessment ($3,380.00) before recording the lot split.

“A cash payment equivalent to the assessment amount paid by residents of Rolling Hills for street improvements in 2019 ($3,380.00) shall be paid to the City prior to recording of th…”

The developer must not damage or interfere with existing field tiles without written City Engineer permission, and must repair/replace/reroute any damage at the developer’s sole expense.

“Developer shall not damage or interfere with the use of, or otherwise diminish the functionality of any existing field tiles without the written permission of the City Engineer.”

The Building Official must review and approve the detached garage plans and may require additional information for the building permit; if required, revised drawings showing proper materials must be submitted.

“The Building Official shall review and approve the plans for the detached garage and may request any additional information that is pertinent to issuance of the building permit.”

The lot reconfiguration and easement vacation must be recorded with Anoka County.

“The lot reconfiguration and easement vacation is recorded with Anoka County.”

Setback requirements will be reviewed by the City later when the building permit application is submitted, and setbacks do not need to be changed on the survey now.

“The setbacks DO NOT have to be changed on the survey. The City will review all setback requirements at the time of building permit application at a later date.”

Revise the survey to show an 86-foot access easement and move the property line between Parcels A and B further east to equalize the land swap acreage with Mr. Suchy.

“The survey is revised to show the 86 foot access easement and property line between Parcels A and B moved further east”

Mr. and Mrs. Suchy must come to the City offices to sign and date the minor subdivision application before the September 9, 2014 City Council meeting.

“Mr. and Mrs. Suchy stop into the City offices to sign and date the minor subdivision application before the City Council meeting on September 9, 2014”

The Developer must fully comply with all reasonable drainage-improvement recommendations made by the City Engineers.

“the Developer shall fully comply with all reasonable recommendations made by the City Engineers relative to drainage improvements”

Except for grading and erosion control measures, the Developer must complete all construction items required under the agreement at the Developer’s sole expense.

“all construction items required under this Agreement with the exception of grading and erosion control measures, are items for which Developer is responsible”

Thirty-three feet of Verde Valley Road right-of-way must be deeded to the City of Nowthen and the survey must be revised to show the new property lines.

“Thirty-three (33) feet of Verde Valley Road right-of-way is deeded to the City of Nowthen and the survey is revised to indicate the new property lines.”

Overhead clearance must be at least 13 feet, 6 inches for fire vehicles between the public road and the principal structures.

“Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles”

All sides of the principal structures must be within 250 feet of the driveway or public street to allow fire hose access.

“The distance as measured from the driveway or public street to all sides of the principal structure(s) must be within 250 feet”

The developer must hold the City harmless from any claims by the developer or third parties for damages or costs resulting from the lot reconfiguration approval.

“the Developer shall hold the City, its respective governing council, agents, employees, contractors, and representatives harmless from any and all claims made by it and third parti…”

Only an access easement is needed, and unused power poles must be removed.

“I would agree with only needing the access easement and removing the power poles that aren't being used.”

The City Council may require the driveway(s) to be paved and/or require curb, gutter, and other drainage controls to prevent runoff onto neighboring properties, as reviewed by the City Engineer.

“The City Council may require the driveway(s) to be paved or require installation of curb, gutter and other drainage control measures”

A turn-around must be provided on the north end of the development within the future road ROW.

“A turn-around is provided on the north end of the development within the future road ROW.”

Stormwater must be managed so there are no adverse impacts to adjacent properties, with modeling provided and results concisely summarized in the narrative.

“Stormwater shall be managed on this site such that there are no adverse impacts to adjacent properties. Provide modeling and concisely summarize the results”