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. . Minutes of the Arden Hills Regular Council Meeting, June 13, 1988 Page 5 CASE #88-09 (Cont'd) The Planner explained the proposal is for six lots, each being made buildable by filling, a pond would be dredged in the center of the site, and building pads would be created on each lot. He stated the site is approximately 4 acres, existing wetland area is approximately 3.7 acres. The applicant is proposing to fill approximately 24% of the of the wetland area, the average lot size would be 29,000 sq. ft. and the average upland area per lot is approximately 10,000 sq. ft. Bergly stated there was a previous application before Council in 1983 for an excavation and fill permit which was denied at that time on the basis of too many building sites, the engineering report was not complete and the comprehensive plan stated that wetland alterations should be minimized. The Planner noted that Rice Creek Watershed District has approved the revised drainage/grading plan as shown, the U.S. Army Corps of Engineers has issued a nationwide permit for filling and excavation as proposed, the DNR has indicated that this is not a classified wetland and they do not have jurisdiction over it and the City Engineer has reviewed the proposed development and drainage plan and found them acceptable. Bergly stated the 100 year flood elevation has been established at 902.8 feet and basement elevations have been discussed, the FHA and Floodplain Ordinance require that basement elevations be at one foot above the 100 year flood elevation. There was discuasion at the Planning Commieeion meeting regarding the intent of the Comprehensive Plan relative to the statement "minimal filling" and what percentage of fill would be classified as minimal. The Planner stated that plat meets all the dimensional and area requirements of the zoning ordinance, the grading and drainage plan has been approved by all of the appropriate agencies, the proposed subdivision will not require changes in streets or public utilities, and a park dedication fee of 10% would be required for a plat of this density. Bergly stated the Planning Commission had reviewed the application at some length and recommended approval of the plat contingent upon: 1. The applicant providing restrictive covenants to insure the home construction on the platted lots not exceed a certain basement level, and this information be incorporated in the title to the land. 2. The applicant convey the necessary easement to the City of Arden Hills to insure no further filling on the rear portion of these lots. and this information also be included in the land title. 3. The above documents be reviewed and approved by the City Attorney and Engineer. 4. The applicant is required to meet all criteria set forth in the Rice Creek Watershed District Permit. ~ Bergly stated the applicant had agreed to submit the above mentioned documents. Council questioned if the submission of the restrictive covenants and easements on the lots would be a reasonable request by the City. . Attorney Lynden stated that placing such restrictions on the property is not unusual and such documents would be enforceable; he further advised that residents in the subdivision and in the area of the plat could also enforce the restrictive covenants. Lynden stated there are a number of other agencies which affect the utilization of the property and Arden Hills exposure to liability would be extremely remote. . Winiecki questioned if it would be a reasonable request to level for home construction be set at a higher figure than level. insure the basement the 100 year flood , Lynden referred Council to Section 22.6 (d) of the Arden Hills Code which provides for the City Engineer to determine improvements the applicant must make to insure the area would be safe for occupancy and provide adequate street and lot grading; he stated it is his understanding the Engineer has given the applicant input on this matter.