Consider Approvals for Brookfield 4th Addition; Case of Brookfield Land, LLC and Capstone Homes, Inc.

1. Adopt Resolution #13-12-231 granting Final Plat Approval of Brookfield 4th Addition
2. Adopt Resolution #13-12-232 approving the final Development Agreement for Brookfield 4th Addition

The Applicant is requesting Final Plat approval of 32 lots (northerly portion of the development).  Preliminary Plat (total of 77 lots) was approved by the Planning Commission on October 3^rd and City Council on October 22^nd. This plat is a continuation of the Brookfield Addition west of Nowthen Boulevard and generally north of 167^th Avenue and encompasses a majority of the remaining lots from the original Preliminary Plat. The proposed Final Plat consists of 32 lots.
 

In accordance with City Code, only City Council approval is required for a Final Plat without a Public Hearing.

The site is guided Low Density Residential (LDR) on the Comprehensive Plan and is located in the R-1 Residential (MUSA) district. As outlined in the attached technical review memo, the proposed subdivision conforms to all minimum standards of the City's Zoning Code.

The Landscape, Grading, Street, and Utility Plans generally conform to the City's minimum standards, with final revisions as outlined in the Staff Review Letter.

The Developer will also be required to execute the draft Development Agreement as attached agreeing to construct the improvements required by City Code Chapter 117 and securing the necessary sureties to ensure proper installation in the event of a default. The City Engineer's Estimate of these improvements is $606,153.50, which equates to a surety amount of $756,442. The Developer has requested that this amount be reduced by approximately $30,000 based on an estimate of grading activities. The City's Engineering Division feels that this estimate is low and would not account for full costs to correct grading issues in the event of default and recommends the estimates as listed above and within the case.

It is Staff's understanding that all remaining concerns under the control of the City and authorized by City Code have been addressed, including future connections to adjacent parcels as requested by those Property Owners.

At the time of Preliminary Plat Review, the status of the existing Home Owners' Association was discussed. Although the City is not in a position to require the formation of an HOA, the Developer has expressed willingness to join the existing HOA if said HOA is able to legally re-activate. The intent of the HOA was to cover ongoing operation of the original private amenities (entryway landscaping, pond liner, and private park). A fact sheet is attached for additional details.

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

The Planning Commission recommended approval of the overall Preliminary Plat. As the Final Plat (32 of 77) lots conform with the Preliminary Plat approval, Staff recommends approval of the Final Plat.

Motion to adopt Resolution #13-12-231 granting Final Plat Approval to Brookfield 4th Addition, contingent upon compliance with the Staff Review Letter and the Developer entering into a Development Agreement with the City.

-AND-

Motion to adopt Resolution #13-12-232 approving the final Development Agreement for Brookfield 4th Addition.