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Section 9.3,Subdivision 8 requires that the following concurrent documents be submitted with a <br /> final plat application: <br /> 1. Title Opinion, less than 6o days old, acceptable to the City Attorney and showing <br /> conformance with those parties represented by signature on the plat as holding interest <br /> in the property being divided. <br /> 2. Financial security acceptable to the City Attorney in the amount of 125% of the cost <br /> estimated by the City Engineer for the uncompleted required improvements. <br /> 3. Development contract acceptable to the City Attorney,if required. <br /> Section 11.9, Subdivision 6C outlines the procedure to follow when reviewing a final plat <br /> application and directs the Planning Commission to consider the following: <br /> 1. Has the applicant complied with all conditions and requirements upon which the <br /> preliminary approval is expressly conditioned wither through performance or execution <br /> of appropriate agreements assuring performance? <br /> 2. Does the Final Plat or Final Condominium Plat agree with the Preliminary Plat or <br /> Preliminary Condominium Plat? <br /> 3. Does the City Attorney agree that all parties with an interest in the property are shown as <br /> signers of the document? <br /> 4. Does the City Engineer agree that all improvements required are satisfactorily completed <br /> or are guaranteed by contract with adequate financial security? <br /> 5. Does an independent Professional Land Surveyor agree that the final document meets <br /> the statutory requirements? <br /> 6. Has financial security been posted in the appropriate amount? <br /> Staff Findings: The Staff provides the following findings of fact for consideration by the <br /> Planning Commission: <br /> 1. The owner of the southern property has submitted, and received approval of, a metes <br /> and bounds subdivision to create the property included in this plat request. <br /> 2. The applicant has submitted Association Documents to govern the proposed <br /> development.The City Attorney has reviewed and approved these documents. <br /> a. Article 3 of the Association Documents address the Common Elements within the <br /> development, including the assignment of responsibility for the maintenance of <br /> these elements. Article 6 address how common expenses are assessed and Article <br /> 7 directly applies to the maintenance of property within the plat. <br /> b. Article 7 requires that the Association provide for maintenance, repair, and <br /> replacement of the Common Elements including, without limitation, the open <br /> space, parks, and trails, among other items. Section 8.29 and 8.30 protect <br /> wetlands within the plat and provide restrictions on the removal of trees in the <br /> development. <br /> 3. A stormwater pollution prevention plan, based on the projected impervious coverage for <br /> the project, has been submitted to the City Engineer for review. The City Engineer has <br /> indicated that the submitted plan is satisfactory. <br /> 4. At this time,additional screening along County Road 112 has not been installed. <br /> 5. The applicant has been working with City Staff on the designs for construction of the <br /> roadways and the extension of the municipal sewer and water systems. <br /> 6. The applicant has worked with the City Attorney to draft the Developer Agreement, <br /> which contains mechanisms and securities for ensuring that the required improvements <br /> are completed. The total estimate for financial security still needs to be provided for in <br /> this document. The Staff and the applicant are meeting on Monday, October 16 to <br /> discuss these items and will provide an update on these items. <br /> 7. The City Engineer has been working with the applicant to review the proposed <br /> improvements and develop a development contract. <br /> City of Pequot Lakes Staff Report 2_3 <br /> October 19,20o6 <br />