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Memo to Planning Commission/P 01-07 February 27,2001 Page 5 • 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. 3. THE REZONING TO PUD WILL ALLOW FLEXIBILITY OF DESIGN AND HOUSING TYPES TO BETTER MEET THE NEEDS OF THE RESIDENTS. STAFF ALSO RECOMMENDS THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND THE CONDITIONAL USE PERMIT FOR WEST OAKS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. 2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE OPEN SPACE INSIDE THE LOOP BE ENLARGED BY ELIMINATING 8 SINGLE FAMILY UNITS. 5. CONSTRUCTION OF A PLAYGROUND OF THE DEVELOPER'S CHOICE. 6. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF • FINAL PLAT FOR 170 UNITS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 8. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 9. A ONE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 10. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 11. THE ANY STREET CONNECTING TO ADJACENT PROPERTIES SHALL BE A PUBLIC STREET. 12. LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE. 13. ON STREET PARKING SHALL BE REVIEWED AND APPROVED BY THE FIRE CHIEF. 14. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 15. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. I S:\PLANNING\SCOTT\P01-03.DOC