Consider Request for Approvals Related to Brookfield 4th Addition; Case of Capstone Homes, Inc.

1. Adopt Resolution #13-10-173 for Preliminary Plat Approval of Brookfield 4th Addition
2. Approve Preliminary Draft of Development Agreement for Brookfield 4th Addition

The applicant is requesting Preliminary Plat approval of Brookfield 4^th Addition. This plat is a continuation of the Brookfield Addition west of Nowthen Boulevard and generally north of 167^th Avenue and will encompass a majority of the remaining lots from the original Preliminary Plat. The current Preliminary Plat includes seventy-seven (77) lots.

In accordance with City Code, City Staff attempted to notify owners of property within 700 feet of the Subject Property of the preliminary plat public hearing.

The site is guided Low Density Residential on the Comprehensive Plan and is located within the R-1 Residential (MUSA) Zoning District. The minimum lot size in the R-1 Residential (MUSA) zone is 10,800 square feet. Each of the proposed lots meets the minimum lot size. The lots meet the required setbacks of the R-1 Residential (MUSA) District. A variance to front yard setback was approved as part of the original Preliminary Plat for lots in Blocks 3 and 4, granting a twenty-five (25) foot front yard setback.

The landscaping plan largely meets the ordinance with a few additional details and revisions needed as noted in the Staff Review File. The proposed plat is adjacent to an existing larger lot residential neighborhood. These lots are also zoned R-1 Residential (MUSA). Therefore, density transitioning, as required by the ordinance, does not apply as the adjoining parcels are located within the same zoning district. However, as the existing lots are of a different size and character, staff is requesting that the applicant consider providing transitioning between these abutting lots. This can be accomplished through new plantings or use of existing streets. In addition, a detailed inventory, prepared by an ISA Certified Arborist or a Society of American Foresters Certified Forester, must be submitted identifying all existing significant trees, species, DBH (Diameter at Breast Height) and condition. Please note: the Landscape Plan still needs to be amended to match the revised sheets prepared for the remainder of the package.  

A Development Agreement will be required. The current draft is preliminary and is attached to this case. The Agreement will be finalized with the Final Plat, when final Engineer's Estimates are available to complete the highlighted surety sections. The Agreement describes the City required improvements (Stage I and Stage II Improvements) and spells out the financial obligations to the City (financial sureties and development fees. Park Dedication, Trail Development, Stormwater Management, and Street Light Fees will be required to be paid at time of recording of the Plat). The remaining parcels within Brookfield are entitled to a credit to Sanitary Sewer and Water Trunk Fees per the Reimbursement Agreement with 21st Century Bank. The original developer of Brookfield paid for the construction of the Sanitary Sewer and Water Trunk system to service Brookfield and Sweetbay Ridge, which normally would be paid through trunk fees. As the investment made by the developer ($6,000,000) exceeded the trunk fees due on the original plat, the City and Developer agreed to a reimbursement agreement. Therefore, Sanitary Sewer and Water Trunk Fees will not be collected on the Plat.

The Staff Review File discusses some outstanding issues related to the previous developer amenities and home owners association. The City acknowledges a number of concerns related to the above amenities and maintenance obligations of said amenities have been submitted to the City. 

An open house was held Thursday, October 3^rd at 4:00-6:30 p.m. to provide an opportunity for area residents surrounding the Brookfield 4^th Addition to meet with staff and the applicant and discuss plans prior to the public hearing. Topics discussed at the open house largely addressed the status of the Home Owners Association and private amenities.

The Staff Review File also addresses various items related to street, grading, drainage, and utilities.

This request is not the final stage of approval for the Plat; the Applicant will be required to submit an Application for Final Plat Review as the final approval. However, the Preliminary Plat is an important milestone in the review of a plat under Minnesota Statutes. An approval of a Preliminary Plat provides certain entitlements to the Applicant. The Applicant will be entitled to the layout and configuration of the Plat so long as the final plans are in compliance with City Code requirements. Generally speaking, this will also provide preliminary approval to Development Fee rates.

Alternatives:

Alternative #1. Approve the request as presented with changes as outlined in the Staff Review File. This is the recommendation of the Planning Commission.

Alternative #2. Request amendments to the layout of the Plat and request revised plans. This would require postponement of action this evening. The proposed configuration appears to meet the minimum standards of the City Code as it relates to this stage of the review.

Alternative #3. Deny the request for Preliminary Plat Approval. As this proposal appears to be in substantial compliance with the previously approved Preliminary Plat for Brookfield and appears to meet the minimum standards of the City Code, this alternative is not recommended.

All cost associated with processing the application are the responsibility of the Applicant.

The Planning Commission met to hold a Public Hearing on October 3, 2013 and recommended approval of the Preliminary Plat for Brookfield 4th Addition, contingent upon compliance with the Staff Review File dated September 27, 2013.

Motion to adopt Resolution #13-10-173 granting Preliminary Plat Approval of  Brookfield 4th Addition, contingent upon compliance with the Staff Review File dated September 27, 2013, contingent upon the Applicant entering into a Development Agreement with the City.

-AND-

Motion to approve the Preliminary Draft of the Development Agreement for Brookfield 4th Addition.