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4.1. & 4.2. SR 01-22-2001City of River MEMORANDUM Item # 4.1 &4.2. TO: FROM: DATE: SUBJECT: City Council Michele McPherso ,~Director of Planning January 22, 2001 Consider Preliminary Plat for Hillside Estates 8th Addition Per the Council's direction at its January 16, 2001 City Council meeting, we have prepared the attached resolution denying the preliminary plat request for P 00- 18, Hillside Estates 8th Addition. Please review the attached resolution carefully and provide staff and the City Attorney any changes, corrections or additions to the findings of fact listed within the resolution. Also attached for the Council's information is the staff report and the exhibits which were provided at the January 16, 2001 City Council meeting. Recommendation Staff recommends that the City Council approve the attached resolution denying the request for preliminary plat approval for Hillside Estates 8th Addition. S:\PLANNING~MICHMC\CCREPRTS\P00-18.DOC 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425 RESOLUTION NO. 01- CITY OF ELK RIVER A RESOLUTION DENYING PRELIMINARY PLAT REQUEST P 00-18, HILLSIDE ESTATES 8TM ADDITION, AND ESTABLISHING FINDINGS OF FACT THEREFOR WHEREAS, application was made on October 30, 2000 by Phoenix Enterprises for Preliminary plat approval of Hillside Estates 8th Addition, pursuant to Section 1008.08.1.C of the Elk River City Code of Ordinances, for the property legally described on Exhibit A attached hereto; and WHEREAS, the application for preliminary plat approval (The Application) was referred to the Planning Commission; and WHEREAS, the Planning Commission conducted public hearings on the Application, after proper publication and due notice thereof as required by ordinance and statute, on November 9, 2000, November 16, 2000 and December 27, 2000; and WHEREAS, the Application was referred to the City Council by the Planning Commission on December 27, 2000; and WHEREAS, the City Council conducted a public hearing on the Application on January 16, 2001; and WHEREAS, the City Council, following completion of the public hearing, deliberated the Application and continued the matter to its regularly scheduled meeting of January 22, 2001; and WHEREAS, at its regularly scheduled meeting of January 22, 2001 the City Council continued its discussion of the Application and made the following findings of fact with respect to the Application: 1. The physical characteristics of the site are not suitable for the density of development proposed as evidenced by the need to fill wetlands, construct numerous retaining walls and remove virtually the entire oak forest on the site to develop the subdivision. 2. The proposed subdivision will create substantial environmental damage including the filling of wet lands, the leveling of a hilly and wooded piece of property and the removal of almost the entire oak forest on the site. 3. The proposed subdivision will have an undue and adverse impact on neighboring land due to the proposed density and amount of traffic which will be generated. 4. The proposed subdivision is premature due to a lack of adequate off-site road improvements to handle the increased traffic generated by the subdivision. In particular, the intersection at 193rd and Evans is inadequate to handle the increased traffic generated by the subdivision and needs to be studied and/or improved prior to development of such a dense project. 5. The proposed subdivision is not consistent with the Elk River Code of Ordinances in that it will create a potentially unsafe situation with respect to the traffic impacts it will generate and the proposed location of the public park. 6. The proposed subdivision fails to establish an adequate 50-foot buffer along the West side of the subdivision adjacent to the commercial area to the West as committed to by the developer during the approval of the commercial development to the West and required by prior approvals granted by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk River, based on the findings of fact set forth above, hereby denies preliminary plat approval of the proposed Hillside Estates 8th Addition. Passed and adopted by the City Council of the City of Elk River this 22na day of January, 2001. Stephanie A. Klinzing, Mayor ATTEST: Patrick D. Klaers, City Administrator S:\PLANNING\RESOLUTI\P00-18.DOC 2 City of River TO: FROM: DATE: SUBJECT: MEMORANDUM Item # 6.4. Mayor and City Council Scott Harlicker, Senior Planne, l,~ January 16, 2001 Request for Preliminary Plat of Hillside Estates Eighth Addition, Public Hearing Case No. P 00-18 Request Phoenix Enterprises requests Preliminary Plat approval of Hillside Estates Eighth Addition, a 104-1ot single-family residential subdivision in the Rle zoning district. Location General Description: West of Auburn St, east of Highway 169 and South of 197th Avenue. That part of the Northeast Quarter of Section 27, Township 33, Range 26 and the Northwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota lying easterly of U.S. Highway 169, except that part platted... (Hillside developments), together with Outlot A and B Hillside Estates 1st Addition and Outlot B, Hillside Estates Fourth Addition. Zoning / Land Use Rle (Single Family Residential) / MR (Medium Density Residential) Attachments · Location Map · Preliminary Plat, dated 12/20/00 · Grading and Erosion Control Plan (3 pages), dated 12/20/00 · Landscape and Tree Preservation Plan, dated 12/20/00 · Howard R. Green Memorandums, dated December 21, 2000 and January 10,2001 · Exhibit C, Hillside Estates Park and Trail Plan, dated November 22, 2000 · Section 1008.18, Park Dedication Requirements · Letterfrom cheryl Becker · Map of Lot Averaging for all of Hillside Estates · Minutes of Park and Recreation meeting of 2/9/00 and 11/8/00 · Memo from the Chief of Police and Fire Chief 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425 Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 2 Overview: The preliminary plat dated December 20, 2000, is for a 104 lot single-family residential subdivision on 62.74 acres in the Rle zoning district. Hillside Estates Eighth Addition is the last section of Hillside Estates to be developed. Hillside Estates encompasses about 190 acres and began developing in 1994. The proposed subdivision includes a 4.27 acre (Outlot D) Park with trails in the adjacent power line corridor (Outlots B and C). Together the park and trail/utility corridor encompass 13.43 acres. Credit for park dedication will be adjusted to reflect the amount of utility corridors, wetlands and steep slopes encumbering the property. Analysis: Existing Conditions The site is located in the woods behind Menards, south of 197th Avenue and north of Hillside Estates 1st Addition. The site consists of rolling hills and mature Oak woods and several wetlands as has been typical in previous Hillside Estates developments. Crossing the site are two power line easements, a 240 foot wide Northern States Power power line easement and a smaller 60 foot wide United Power Association power line easement. Within the woods, staff found numerous ATV/pedestrian trails that connect the Hillside 5th and 2nd Additions to the commercial area along Highway 169. Phasinq No phasing of the development has been indicated, however, the developer has stated that the first phase would include connecting Dodge Street to 196th Lane near Menards. This is being done to to encourage the new traffic to drive west rather than using Auburn Street. Lot Configuration/Lot Averaging All the proposed lots meet or exceed the dimensional requirements of the Rle zoning district including the 12,000 SF minimum lot area requirement. The lots range in size from 12,000 SF to 46,000 SF, with the average lot size being 16,812 SF. The average lot size of the other phases of Hillside Estates are as follows: Hillside Estates 1st Hillside Estates 4th Hillside Estates 9t~ 18,000 SF 13,500 SF 20,700 SF The areas that these phases include are shown on the attached map. Wetland Conservation Act The developer has shown areas of fill and wetland mitigation, which will require a Technical Panel review and approval as required by the Wetland Conservation Act. As proposed, each of the four wetlands in the development will be partially filled to s:\planningXscott\pO018cc.doc Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 3 accommodate lots or grading. Lot 11, Block 5 and Lot 15, Block 2 require filling of wetlands. Gradinq, Drainage and Erosion Control (See the Attached Howard R. Green Memorandum). Utilities (See the Attached Howard R. Green Memorandum). Tree Preservation Most of the existing woods will be removed with construction in order to accommodate the required grading. All trees shown as preserved shall be protected prior to clearing or site grading by fencing the drip line of protected trees and the limit of grading with a snow fence to prevent unnecessary grading, compaction, or storage of debris or equipment. 50~Foot No Cut Zone A condition of the Hillside Crossings commercial development conditional use permit stipulated that a 50-foot buffer was to be maintained between the commercial area and future residential development. This buffer area is presently shown inclusive of the required back yard area. No additional buffer area has been provided behind Menards. Landscaping The Landscape and Tree Preservation Plan conforms to City requirements. No landscaping has been proposed for the park area; however, staff has prepared a landscape plan for the park with conifers and shrub plantings along the back yards of existing residential lots. (See attached Exhibit C, Hillside Estates Park and Trail Plan). Development Siqns No development signs have been indicated. Roads The preliminary plat now shows a reconfigured road layout that more closely resembles an early concept plan for the area. Dodge Street will extend north from its present location to a T intersection with a three way stop. This has been done in response to comments regarding cut-through traffic on Dodge heard during the November 28th public hearing. Dodge Street is currently an 863 foot long temporary dead-end. There has been a great deal of discussion regarding creating a permanent cul de sac on Dodge Street, similar to what has been proposed for Auburn StreeL The maximum length for a cul de sac is 700 feet, the current street already exceeds the maximum length, adding additional length for a cul de sac will only increase the non-conformity. Chief of Police Zerwas has indicated s:\planning\scott\pO018cc.doc Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 4 in his attached memo that there are also public safety concerns regarding turning Dodge Street into a cul de sac. Dodge Street and 196th Lane will provide the only ingress and egress to and from the plat. 196th Lane is presently constructed to the east property line adjacent to Menards. There will be six new cul-de-sacs, in part due to the rolling terrain and wetlands. Snow storage easements will be required in each cul-de-sac as has been required in other developments. Sidewalks Sidewalks will be constructed along the north side of 195th Ave, the east side of Dodge St. and on the north side of 196th Lane to provide a pedestrian circulation loop that connects the park to the commercial area along Highway 169. The Commission and some of the public had requested that a sidewalk be added along Dodge Street to 193rd. Parks and Trails The proposed Park, Outlot D, is 4.27 acres in size of which about half is wetland, utility easement or steep slope. A 60-foot wide powerline easement crosses the Park in a north-south direction and a watermain easement crosses the park in an east-west direction. A play structure, tennis court and basketball court are proposed amenities for the park. Staff has provided a landscape plan that identifies screening of the backyard of existing homes. Outlots B and C, the 240 feet wide Northern States Power power line corridor combined are 9.16 acres in size and will be used as a trail corridor linking the Hillside 5th Addition Park, the new Hillside 8th Addition Park to 195th Circle and 196th Lane. The trail will be a 10 foot bituminous trail with a gradient of 8%, which will require grading in the utility corridor. Outlot B is too steep for a bituminous trail, but may include a woodchip trail at a later date if the Park and Recreation Commission determines that the amount of foot traffic warrants one. To construct a woodchip trail, an easement will be required across the commercial lot west of the plat. Together, the park and trail/utility corridor encompass 13.43 acres and have adequate road frontage and enough fiat area for the proposed amenities. The attached Exhibit B, Hillside Park and Trail Plan, shows the trail and park connections and proposed landscaping of the proposed Hillside 8~h Park. Park and Recreation Commission The Park and Recreation Commission recommended that the Planning Commission and Council accept the Park for park dedication, excluding the power corridor, steep slopes and wetland from full dedication credit as required by the Subdivision Ordinance. Also, that the remaining Park Dedication requirements be accepted as a cash dedication in lieu of land. The developer will install the trail as part of the public improvements and will be reimbursed from the trail fund as required by City Ordinance. The Park and Recreation Commission recommended the proposed location for park for Hillside Estates 8th because it was centrally located and would better serve the residents of the entire Hillside Estates development, it is in a relatively level area, and would not require the removal of any trees in order to install improvements. There have been several comments about placing the park behind Menards. The placement of the park s:\planning\scottXpO018cc.doc Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 5 behind Menards might serve as a buffer between Menards and the immediate neighbors, but it would require the removal a substantial number of trees, is not centrally located in the Hillside Estates development and would require significant grading. The Park and Recreation Commission will be reconsidering the use of Hillside Estates 5th Addition Park in consideration of the amenities being proposed in the Hillside Estates 8th Park. Planninq Commission Meetinqs On November 28, 2000, the Planning Commission held a public hearing for the preliminary plat of Hillside Estates Eighth Addition. At that time, the Commission continued the public hearing to December 12, 2000 because of insufficient information for review and of unresolved issues. On December 12, 2000, the public hearing was again held. The public hearing was again continued to the December 27th meeting because of unresolved issues and because there was little time to review the submittal. On December 12, the issues raised by staff, the Commission and the public include: 1. Excessive retaining wall heights. 2. Concerns regarding traffic on Dodge Street and 193rdAvenue. 3. Buffering between the residential and commercial districts. 4. Trails along back yards. 5. The park being located too close to the powerlines and that it should not be placed behind the existing homes on Auburn. 6. Dodge Street as a cut-through road. 7. Concerns over loss of existing trees. 8. Concerns about the small size of lots. 9. The need for sidewalks along Dodge Street to 193rd Avenue. At the December 27th meeting the applicant had submitted revised plans. The revisions included eliminating a large retaining wall. Public comments at this meeting were, for the most part, the same as those heard at the December 12th meeting. The main concerns were increased traffic on Dodge Street and the need to turn the existing Dodge Street into a cul de sac, the need for sidewalks on Dodge Street and the increase in traffic at the intersection of 193rd Avenue and Evans Street. Issues raised by the Planning Commission include: 1. The depth of the lots on Dodge Street behind Menards. 2. The large number of retaining walls. 3. Concern about Lot 11, Block 5 and Lot 15, Block 2 because of the excessive grading and wetland fill and whether they are suitable building sites. The Commission recommended eliminating these two lots. 4. Buffering between the residential and commercial districts. 5. Concerns about the small size of lots. 6. Need for additional sidewalks, especially along Dodge Avenue. 7. Additional tree replacement. s:\planning\scott\pO018cc.doc Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 6 Since traffic on Dodge Street seemed to be the main concern raised by residents at the 3 public hearings, staff would like to provide the following background information: In 1994 the City granted final plat approval to Hillside Estates 1st Addition. Included as part of that plat was the construction of Dodge Street to its current terminus. Dodge Street was platted up to the northern boundary of the plat; it was always intended to be extended through to the north. The current length of Dodge Street is 863 feet. A cul de sac would probably extend the length by at about 150 for a total length of 1013 feet. The maximum length allowed for a cul de sac is 700 feet. Furthermore, if Dodge Street was converted to a cul de sac, Auburn Street would be the only north-south connection in the entire Hillside Estates development. Recommendation After a lengthy discussion, the.Planning Commission and staff recommend the City Council approve the preliminary plat of Hillside Estates Eighth Addition for 102 single family lots with the following conditions: THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF WETLANDS. · THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. · THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. · THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 3. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK AS PART OF THE PLAT IMPROVEMENTS AND CONSTRUCTED TO CITY STANDARDS. s:XplanningXscott\pO018cc.doc Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 7 7. THAT THE PARK BE ACCEPTED TOWARDS PARK DEDICATION ( WITH A REDUCTION FOR WETLAND, STEEP SLOPES AND UTILITY CORRIDOR) AND THE REMAINING DEDICATION REQUIREMENTS BE ACCEPTED AS CASH IN LEIU OF LAND IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL AND PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY ORDINANCE. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. 10. THAT UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE-YEAR PERIOD. 11. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 12. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY ENGINEER. 13. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE DRIPLINE. 14. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE UTILITIES TO GRADE IN THE POWER LINE EASEMENTS. 15. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT. 16. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL. 17. LOT 15 BLOCK 2 AND LOT 11, BLOCK 5 BE ELIMINATED 18. THE RETAINING WALLS BE FENCED OR TERRACED PER BUILDING CODE REQUIREMENTS. 19. THE DEVELOPER, HOMEOWNERS ON DODGE STREET AND THE CITY MEET TO DISCUSS THE EXTENSION OF THE SIDEWALK ALONG DODGE STREET. 20. SIDEWALK BE ADDED TO THE WEST SIDE OF DODGE STREET. 21. THE FOLLOWING CONDITIONS OF THE PARK AND RECREATION COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL: THAT LOT 1, BLOCK 5, BE INCORPORATED INTO THE PARK. THAT A PAVED TRAIL BE CONSTRUCTED IN THE POWER LINE CORRIDOR AS FAR AS 196TM LANE THAT HAS A MAXIMUM GRADE OF 8% AND SIDE SLOPES NO GREATER THAN 3:1. s:\pIanning\scott\pO018cc.doc Memo to Mayor and City Council/P 00-18 January 16, 2000 Page 8 3. THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST. 4. THAT NO WETLANDS OR STORM PONDS BE ACCEPTED AS PART OF THE PARK DEDICATION. 5. THAT IMPROVEMENTS TO LAND DEDICATED FOR PARK, TRAIL AND PUBLIC OPEN SPACE PURPOSES INCLUDE, BUT NOT LIMITED TO, FINISH GRADING, GROUND COVER, CONSTRUCTION OF TRAILS AND CLEARLY IDENTIFYING PARK AND TRAIL BOUNDARIES WITH CITY APPROVED MARKERS. 6. THAT IN ADDITION TO THE LAND DEDICATED FOR PARK, THE DEVELOPER PAY IN CASH THE REMAINDER OF THE REQUIRED PARK DEDICATION. 7. PARK BOUNDARY MARKERS BE INSTALLED, CLEARLY STATING PARK DEVELOPMENT INFORMATION. s:\planning\scott\pO018cc.doc Planning Commission Minutes February 27, ! 996 Page 9 representing the developer, stated the home would be removed. Terry Maurer explained that an agreement was made with MnDOT some years back that the Specht access onto Highway 169 would be closed if and when the Specht property was no longer used as a residence. Mr. Meyer questioned if a fence would be placed around Menards like the one behind Sax. Steve Ach explained that a fence is proposed to extend north of Sax along the property limits and along the Menards property limits. Mr. Meyer stated he felt the speed limit should be changed on Highway 169 along the commercial area. There being no further comments from the public, Chair Dillon closed the public hearing. Land Use Amendment, Public Hearinq Case No. LU 96-1 Steve Ach explained there are voids in the commercial area which are intended for residential, and also, residential areas which are intended for commercial. He explained the land use amendment is more of a "housekeeping" item to make the land uses consistent with the proposed zoning. Commissioner Minton asked if a 50 foot forested buffer would be maintained, as there was left behind Sax Foods. Rick Foster, developer of the project, stated they will carry on with what was done in the first addition, which was a 50 foot "no cut" strip. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A LAND USE AMENDMENT FOR THE SPECIFIED HB (HIGHWAY BUSINESS) AREAS TO MR (MEDIUM DENSITY RESIDENTIAL), AND FOR THE SPECIFIED AREAS THAT ARE MR TO HB. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Zone Chan.qe to PUD, Public Hearin.q Case No. ZC 96-11 Chair Dillon stated he felt the signage should be consistent with the other PUD developments. Also, he expressed concern for the large number of trees proposed to be cut. He stated he would rather that excess dirt be hauled away rather than having to disturb the trees in order to equalize it. He suggested that a stand of trees be left along the entire northern stretch of the property. Also, Chair Dillon asked if the proposed shared driveway could be located on the right-of-way, so as not to take away from the residents' property. Discussion followed regarding the number of parking stalls for Menards. Man/ Prochaska, representing Menards, stated 388 parking stalls are proposed. It was the consensus of the Planning Commission that the number of parking stalls be increased. Commissioner Minton expressed his concern that the trees not be cut down and left in the same manner as was done in Hillside Crossing I. Rick Foster, developer, stated the reason he cut the trees down long before the site was developed was so that residential area would be aware the property was to be commercial. Marly Glines explained the areas where trees were proposed to be left. He stated that a commercial user would not want trees left between his site 17. 19. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS 1'O THEIR HOMES. COSTS ASSOCIATED WITH THESE IMPROVEMENTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. INCOMPLETION OF THIS REQUIREMENT WILL NOT DELAY THE RECORDING OF THIS PLAT. MAINTAIN A NO CUT ZONE ALONG THE NORTH 50 FEET OF OUTLOT B. IN ADDITION, A NO CUT ZONE SHOULD BE ESTABLISHED BEYOND THE EASTERN EDGE OF THE PLAT FOR A DISTANCE OF 50'. THAT 50% OF THE CITY'S SHARE OF THE SIGNALIZATION COSTS BE PAID BY THE DEVELOPER. s:\document\resoluti\p96-1.doc Page 7