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File #: RES 14-061    Version: 1 Name: 14-12 Legacy Creek 4th
Type: Resolution Status: Passed
File created: 4/17/2014 In control: City Council
On agenda: 4/17/2014 Final action: 4/17/2014
Title: GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 3.06 ACRES INTO 27 TOWNHOME LOTS, TWO COMMON LOTS AND THREE OUTLOTS TO BE KNOWN AS LEGACY CREEK 4th ADDITION AT LEGACY CREEK PARKWAY/126th AVENUE NE. SOURCE CONSTRUCTION CAPITAL. (CASE FILE NO. 14-0012/LSJ)
Sponsors: Bryan Schafer
Attachments: 1. Legacy Creek 4th Plat - Attachments
Related files: RES 14-068
ITEM:         11.2A         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 3.06 ACRES INTO 27 TOWNHOME LOTS, TWO COMMON LOTS AND THREE OUTLOTS TO BE KNOWN AS LEGACY CREEK 4th ADDITION AT LEGACY CREEK PARKWAY/126th AVENUE NE. SOURCE CONSTRUCTION CAPITAL. (CASE FILE NO. 14-0012/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
03/13/07
City Council (Preliminary Plat)
04/19/07
City Council (Final Plat/CUP - 3rd Addition)
10/03/13
City Council (Final Plat 4th Addition)
04/17/14
 
Background
The applicant is requesting final plat approval Legacy Creek 4th Addition.  This is an extension of the existing townhome area Mattamy Homes has had under construction in the last few years.  There are 27 condo lots and two common lots within the plat. There are three outlots included in the final plat that will contain private streets and more townhomes in the future.  This is the final phase of this development area.
 
Since this development was started several years ago, the landscaped area along Legacy Creek Parkway within the boulevard has seen some die off of some of the trees that were planted at that time.  The boulevard area at the entrance of the development is somewhat unsightly and the trees need to be replaced.  This area was to be maintained by the developer or an appointed townhome association, but the area has not been maintained over the years.  Therefore, the City would like, at the very least, to have the dead trees replaced by the developer along the parkway.  The City Forester has marked roughly 20 trees for replacement in this area.  Prior to release of final plat mylars for this plat, the developer must replace the trees according to City specifications and work out an agreement with one of the existing townhome associations to maintain the boulevard areas as was required in the original development agreement for this development.  
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Location Map
Final Plat
 
Body
WHEREAS, an application has been filed by Source Construction Capital as subdivision Case No. 14-0012; and
 
WHEREAS, said case involves the division of land in Anoka County, Minnesota, described as follows:
 
OUTLOT A AND OUTLOT C, LEGACY CREEK 3rd ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, ANOKA COUNTY, MINNESOTA.
 
WHEREAS, the Blaine City Council granted preliminary plat approval on April 19, 2007, subject to the stipulations as contained in Blaine City Council Resolution No. 07-64; and
 
WHEREAS, the applicant has submitted a final plat in general conformance with the approved preliminary plat.
 
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that final plat approval for Legacy Creek 4th Addition per Section 74-43 of the subdivision regulations is hereby granted subject to the following conditions:
 
1.      The developer has responsibility for financial participation in 125th Avenue NE improvements associated with this development.  This includes, but is not limited to, intersection improvements, traffic signal installations, and roadway widening improvements.  
2.      All streets will follow the Anoka County street name grid system.  
3.      Developer installed improvements shall include construction of lateral sanitary sewer and water main with services, storm drainage improvements, storm water management and water quality treatment infrastructure, streets with concrete curb and gutter, streetlights, mailboxes, traffic control signs, street signs, and all appurtenant items.  
4.      Plans and specifications must be approved by the City prior to start of construction.
5.      Standard utility and drainage easements must be dedicated along all lot lines and over areas of delineated wetlands, wetland mitigation, infiltration trenches, drainage swales, and storm water management ponds.
6.      Hydrant locations must be reviewed and approved by the Fire Department.
7.      The Developer is to provide access for inspection and maintenance of storm water management infrastructure.  Restrictions will be placed on lot lines as needed to limit fences and landscaping to insure access.
8.      Development requires a National Pollutant Discharge Elimination System (NPDES) Phase II General Storm Water Permit for Construction Activity (MN R100001) from Minnesota Pollution Control Agency (MPCA).  A prerequisite to the MPCA permit application includes preparation of a site Storm Water Pollution Prevention Plan (SWPPP) for the development site.
9.      Construction contract documents shall include a mass (rough) grading, erosion protection, sediment control, development, utilities, roadway, and storm drainage plan sheet(s).  Supporting wetland delineation report, geotechnical investigation report, soil boring logs, and hydrology report shall be included in the submittal for City Engineer review and approval.
10.      Driveway subgrades must be fully corrected or provide a geotechnical report designing an alternate section.  Driveways not having fully corrected subgrades shall have an extended warranty to protect future property owners.  The development contract shall set forth the length and details of the warranty.
11.      The development plan shall indicate all structures will be protected from flooding.  
12.      CCWD permit is required prior to City approval of construction plans and specifications. The project will require approval from the CCWD prior to consideration of the Preliminary Plat by the City Council.  
13.      As-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.
14.      Development roadway drives and utilities (sanitary, water main, storm water management) outside of the public right-of-way shall be considered private and future inspections, operations, and maintenance shall be the responsibility of the homeowner's association.
15.      Home construction prior to the installation and acceptance of developer installed improvements will be subject to longer response times from public safety responders.  Certificates of Occupancy will not be issued until the developer installed improvements are accepted and private utility service available.
16.      Park dedication will be required for this plat in the amount of $3,094 per unit (27 lots). The total fee required would be $83,538.  
17.      Developer to require homeowner's associations to be responsible for maintenance and upkeep of landscape improvements along and within the right-of-way.
18.      Developer to install grouped mailboxes with design and locations approved by City and US Postal Service.
19.      Private streets can be constructed to a minimum of 22 feet in width if signed "No Parking". Private 24-foot wide streets can be parked on one side provided "NO PARKING FIRE LANE" signs are posted every 75 feet on the opposite side of the drive.
20.      Developer shall explore water source for landscape irrigation systems installed throughout the development including the possible use of created ponds, existing wells, or new wells as source of water supply with a moisture sensor installed.
21.      Water and sanitary sewer availability charges (WAC & SAC) become due with each building permit at the rate established at the time the building permit is issued.
22.      All development signage issued under a separate permit.
23.      Site plan approval is required for the townhome development prior to issuance of building permits.
24.      Prior to release of final plat Mylar's for this plat, the developer must replace the trees (or deposit additional escrow) along Legacy Creek Parkway as determined by the City Forester and according to City specifications.  The developer must work out an agreement with one of the existing townhome associations to maintain the boulevard areas as was required in the original development agreement for this development.
25.      The Mayor, City Clerk and City Manager are hereby authorized to execute any and all necessary documents, agreements and releases related to the approval, recording or administration of the Legacy Creek 4th Addition plat.
 
PASSED by the City Council of the City of Blaine this 17th day of April 2014.