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HomeMy WebLinkAbout2006.12.18 RESO 2006-0074RESOLUTION 2006-74 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR BENCHMARK PROPERTIES FOR "SUNSET SHORES" ON PROPERTY LOCATED SOUTH OF 125TH STREET AND NORTH OF 120TH STREET WHEREAS, Benchmark Properties has requested approval of a final plat for "Sunset Shores" to allow the construction of 39 homes and 6 oudots on the 142.74 -acre property legally described as follows: The Southwest Quarter and the Southeast Quarter of the Southwest Quarter, Goverment Lot 4 and the Northeast Quarter of the Southwest Quarter of Section 34, Township 31 N, Range 21 W except that part thereof described as the west 600.00 feet of the South 726.00 feet of the Southeast Quarter of the Southwest Quarter of Section 34, Township 31N, Range 21 W. WHEREAS, the City has prepared a development agreement covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat for "Sunset Shores"; and FURTHER, that the development agreement for said final plat be approved, and that the Mayor and City Administrator be authorized to execute the development agreement on behalf of the City; subject to the following conditions: 1. A final plat is approved, in accordance with the plans and application received by the City on September 28, 2006 and the revisions received October 23, 2006; October 27, 2006; November 14, 2006 and November 20, 2006, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat and conditional use permit approval granted by the City on August 7, 2006 and as may be amended. (Resolution 2006-43 and 2006-44). 3. The development shall comply with the Rural Residential (R -R) district standards, except as otherwise noted as part of the Rural Preservation Program (RPP). 4. The minimum floor elevations shall comply with Section 1175-060.1 of the Hugo Zoning Ordinance. 5. All signage shall comply with ordinance standards. Resolution 2006-74 Page 2 6. Exterior lighting shall be consistent throughout the development. All lighting shall be shielded to prevent glare and light trespass, as required by Section 1195-410 of the ordinance. 7. The development shall comply with the architectural and landscape standards as indicated in the Declaration of Covenants, Conditions, Restrictions, and Easements dated November 29, 2006, as may be amended. 8. A community well and septic system shall be allowed on site for the 39 single family homes. The community well and septic system shall comply with all the requirements of the City Engineer, the Minnesota Department of Health and the Minnesota Pollution Control Agency. 9. The following conditions shall be met prior to release of the Final Plat for recording: a. The applicant shall comply with all conditions in the City Engineer's letter dated November 29, 2006. b. A minimum of two parking stalls shall be provided for each lot. Garage and driveway parking shall count towards this requirement. c. The plat shall comply with the City's street naming system, except as otherwise approved by the City Council. d. The City's Public Works Department must review and approve the final landscape details for any plantings within the City right-of-ways. e. The developer or the HOA shall enter into a License Agreement with the City to allow the HOA to plant and maintain the proposed landscaping within the City right-of-way. f. The applicant shall revise either the landscape plan or the water and wastewater treatment system plan to show the planting details (i.e. location, species, size, and quantity of plant materials) for the vertical flow wetland within the community septic area. The proposed plantings must comply with the community well and wastewater system management plan prepared by NAWE received October 23, 2006. g. The landscape plan shall be revised to provide evergreen seedlings at the perimeter of the site. h. The development shall comply with the Fire Chief's requirements regarding fire flow calculations, the location of fire hydrants, fire department connections, and fire lane signage. Resolution 2006-74 Page 3 i. The HOA shall be solely responsible for maintaining of all of the outlots including the open space amenities in Outlot B, the tall grass prairie, the stormwater management ponds, the rain gardens and the community well and wastewater treatment system as stated in the Declaration of Covenants, Conditions, Restrictions, and Easements dated November 29, 2006, except as amended by this resolution. j. The final Declaration of Covenants, Conditions, Restrictions, and Easements and other HOA documents shall be submitted for review and final approval by the City Attorney. k. The trail easement documents must be submitted for review and approval by the City Attorney. 1. The developer or HOA shall enter into a maintenance agreement with the City for the public park areas. in. The open space management and restoration plan received October 23, 2006 shall be revised to include the maintenance of the stormwater management ponds within the open space areas. n. The applicant shall obtain approval from the Minnesota Land Trust Board of Directors and comply with all Land Trust requirements. o. The applicant shall provide a conservation easement in favor of the City and the Land Trust over all of the permanent open space to ensure that the open space is preserved in perpetuity. p. The applicant shall pay the amount of the contribution required by the Minnesota Land Trust to cover the costs of maintaining the conservation easement. The intent of this contribution is to ensure that the easement is protected, not for maintenance of the open space. q. The applicant shall create an open space endowment fund to the homeowners' association where the principal will generate significant annual interest to cover the costs of maintaining the open space in perpetuity. The amount of the initial contribution to the open space endowment fund and the monthly fee per lot stated in the memo from NAWE received October 26, 2006 shall be revised to meet this requirement. The endowment amount shall be subject to review and approval by the City to ensure compliance. r. An estimate of the total anticipated monthly HOA fees per lot broken down by category (i.e. open space maintenance including the rain gardens and the stormwater ponds, community well and septic system maintenance, the common area amenities and other common expenses) shall be submitted by the developer for review by City staff. Resolution 2006-74 Page 4 s. The applicant shall dedicate Oudots A and B to the City as parkland, to meet the City's park dedication requirements. t. The chain link fence around the well pump house area is not required and should be removed or constructed of a material consistent with overall development. The community well and wastewater system plans should be revised to show compliance with this requirement. u. The control building and pump house buildings shall be constructed of materials that are consistent with the single family home design standards, or a long lasting material like stone or brick. The community well and wastewater system plans shall be revised to clearly show the proposed building materials for the control building and the pump house. Final plans must be submitted for review and approval by City staff. 10. The following conditions shall be met prior to issuance of building permits: a. The applicant shall record the final plat, developer's agreement, easements and all other documentation at Washington County and provide the City with proof of recording. b. The final trail crossing location on 125`x' Street shall be field located by the developer and the City Engineer. c. The developer shall submit copies of the maintenance contracts between the HOA and the contractors responsible for maintenance of the open space, community septic and community well systems for review and approval by the City. Signed copies of these contracts shall also be submitted to the City. d. The existing individual septic system and well on Lot 2, Block 1 shall be abandoned according to State requirements and the home shall connect to the community well and septic system. e. The developer shall construct center turn lanes and right turn lanes on Honeye Avenue at the intersection of Honeye Avenue and CSAH 7 as indicated on the plans received November 14, 2006. The improvements shall be at the developer's expense and in compliance with the City's street standards. 11. The following conditions shall be met prior the release of financial guarantees: a. The developer shall construct the trails, gazebo, wooded entry arbor, bridge and other open space amenities as indicated on the plans received November 14, 2006 and the construction detail sheets received October 27, 2006. Resolution 2006-74 Page 5 Approved and adopted this 18`x' day of December 2006. -1 MayorV FAw1*3VI Mary AiT%reager, City Clerk