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File #: RES 13-111    Version: 1 Name: 12-30 Preserve at Legacy Creek Final Plat
Type: Resolution Status: Passed
File created: 6/20/2013 In control: City Council
On agenda: Final action: 6/20/2013
Title: FINAL PLAT APPROVAL TO SUBDIVIDE 87.5 ACRES INTO 56 SINGLE FAMILY LOTS AND EIGHT (8) OUTLOTS TO BE KNOWN AS THE PRESERVE AT LEGACY CREEK AT LEGACY CREEK PARKWAY/NORTH OF 127th AVENUE NE. MAJESTIC FINANCIAL, LLC. (CASE FILE NO. 12-0030/LSJ)
Sponsors: Bryan Schafer
Attachments: 1. Preserve at Legacy Creek - Attachments.pdf
Related files: RES 13-133
ITEM:         11.6         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
FINAL PLAT APPROVAL TO SUBDIVIDE 87.5 ACRES INTO 56 SINGLE FAMILY LOTS AND EIGHT (8) OUTLOTS TO BE KNOWN AS THE PRESERVE AT LEGACY CREEK AT LEGACY CREEK PARKWAY/NORTH OF 127th AVENUE NE. MAJESTIC FINANCIAL, LLC. (CASE FILE NO. 12-0030/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
04/09/13
City Council (Preliminary Plat/CUP)
05/02/13
City Council (Final Plat)
06/20/13
 
Background
The owners of the development known as Legacy Creek recently created a new single family plat from an outlot that was originally platted with Legacy Creek in 2007.  The new pre-plat was approved by the City Council on May 2, 2013 and contains 177 lots. At this time, the owner is requesting final plat approval for the first phase of that preliminary plat.  Ryland Homes will be the builder of the homes and will actually take over the role of developer once the sale of the land has been completed.  
 
The final plat known as The Preserve at Legacy Creek consists of 56 single family lots and eight (8) outlots.  All of the outlots are either created ponds or will be in drainage and utility easements.
 
Park dedication will be required for this plat in the amount of $2,813 per unit.  A total of 56 units will be constructed with this phase of development.  Outlot A in Legacy Creek 2nd Addition was deeded to the City for the purpose of a City park and the developer is to be given credit towards the park dedication fee for the various phases of the development for the value of the outlot.  It had been previously determined that the value of the outlot, as it was configured, is $270,970. The park dedication due for the previous 2nd Addition was $60,875 leaving a remaining credit of $210,095 (rounded to 75 lots) towards the park dedication fee for the final phases of the development.  Therefore, an actual park dedication payment will not be required for the 56 lots with this phase of development.  In the future, the developer will receive park dedication credit for another19 single family lots.  
 
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.  The City has calculated the development potential of all of the developable property, lying north of 125th Avenue and within the current development schedule provided by the 2005 MUSA and has determined the per lot cost associated for the improvements to be $1,307 per lot (2013 rate).  A total of 56 units will be constructed with this phase of the development so the total charge required would be $73,192 (future phases would be calculated and paid at current rates).
Outlot C of the plat will be deeded to the City.  This outlot contains a regional pond and is completely covered by a drainage and utility easement. This regional pond accepts drainage from the surrounding streets and Legacy Creek Park.
 
The developer has responsibility for financial participation in 131st Avenue NE improvements associated with this development. This includes, but is not limited to, one half of the cost to construct 131st Avenue across the entire northern property line of the Preserve at Legacy Creek plat, approximately 1650 feet.  These improvements will include construction of 131st Avenue to a width of 33 feet and meet the current State Aid street standards along with a 10 foot bituminous trail and a six foot concrete sidewalk.    
 
The final plat is consistent with the approved preliminary plat, Resolution No. 13-067.
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Zoning and Location Map
Final Plat
 
Body
WHEREAS, an application has been filed by Majestic Financial, LLC as subdivision Case No. 12-0030; and
 
WHEREAS, said case involves the division of land in Anoka County, Minnesota, described as follows:
 
OUTLOT B, LEGACY CREEK 2nd ADDITION, ANOKA COUNTY, MINNESOTA.
 
WHEREAS, the Blaine City Council granted preliminary plat approval on May 2, 2013, subject to the stipulations as contained in Blaine City Council Resolution No. 13-067; 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 Preserve at Legacy Creek 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.  The City has calculated the development potential of all of the developable property, lying north of 125th Avenue and within the current development schedule provided by the 2005 MUSA and has determined the per lot cost associated for the improvements to be $1,307 per lot (2013 rate).  A total of 56 units will be constructed with this phase of the development so the total charge required would be $73,192 (future phases will be calculated at the unit rate in effect at time of platting).
    2. All streets will follow the Anoka County street name grid system.
    3. Developer will be required to participate in dust control measures on 131st Avenue at the time when Legacy Creek Parkway is constructed and connected to 131st Avenue.
    4. Developer installed improvements shall include construction of trunk water main extension from the plat of Savanna Grove, lateral sanitary sewer and water main with services, sanitary sewer lift station, storm drainage improvements, storm water management and water quality treatment infrastructure, streets with concrete curb and gutter, 6 foot concrete sidewalks, streetlights, mailboxes, traffic control signs, street signs, and all appurtenant items.  Plans and specifications must be approved by the City prior to start of construction.
    5. Trunk sanitary sewer area charges become due with platting for upland acreage.  The 2013 rate for Sanitary Sewer District 6-5 is $ 5,179 per upland acre.
    6. 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.
    7. Hydrant locations must be reviewed and approved by the Fire Department.
    8. 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.
    9. 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.
  2. 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.
  3. Sidewalks and trail improvements must be soil corrected to full depth.  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.
  4. The development plan shall indicate all structures will be protected from flooding.
  5. A twenty foot buffer strip shall be considered adjacent to wetland edges and shall be placed in an easement.
  6. CCWD permit is required prior to City approval of construction plans and specifications.
  7. As-built surveys shall be required to verify structure elevations,   custom grading requirements, and final lot grading elevations.
  8. 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.
  9. Park dedication will be required for this plat in the amount of $2,813 per unit.  A total of 56 units will be constructed with this phase of development.  Outlot A in Legacy Creek 2nd Addition was deeded to the City for the purpose of a City park and the developer is to be given credit towards the park dedication fee for the various phases of the development for the value of the outlot.  It had been previously determined that the value of the outlot, as it was configured, is $270,970. The park dedication due for the previous 2nd Addition was $60,875 leaving a remaining credit of $210,095 (rounded to 75 lots) towards the park dedication fee for the final phases of the development.  Therefore, an actual park dedication payment will not be required with this phase of development.  In the future, the developer will receive park dedication credit for another 19 single family lots with cash payment due for lots platted beyond that point.
  10. Developer to install grouped mailboxes with design and locations approved by City and US Postal Service.
  11. 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.
  12. Sidewalks to be constructed as shown on the plat presented for approval.
  13. Legacy Creek Parkway will need to have additional width along the park to allow for seven on-street parking stalls.
  14. All development signage issued under a separate permit.
  15. Execution and recording of a Development Agreement, which sets forth in greater detail the plat conditions as well as other responsibilities for the development of this plat.
  16. With final platting, Outlot C should be deeded to the City of Blaine
  17. The developer has responsibility for financial participation in 131st Avenue NE improvements associated with this development. The improvements, which will be required as part of future phases,  include but are not limited to, one half of the cost to construct 131st Avenue across the entire northern property line of the Preserve at Legacy Creek Plat, approximately 1,650 feet.  These improvements will include construction of 131st Avenue to a State Aid street standard, a 10 foot bituminous trail, and a six foot concrete sidewalk.
 
PASSED by the City Council of the City of Blaine this 20th day of June 2013.