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08-23-1999 Council Packet
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08-23-1999 Council Packet
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#2308 - Brook Park Realty/Tonka Ventures <br />August 19,1999 <br />Page 3 <br />Ceil Strauss of the DNR has indicated she will be following up shortly on requirements for <br />restoration of the portion of wetland that had been filled east of the Sohn's driveway over the years. <br />It would be most efficient and probably least costly for the developer if this restoration work is done <br />at the same time as site grading for the stormwater pond. <br />Development Fees. The developer will be paying the required development fees noted in the <br />preliminary plat approval resolution, including: $19,064 park dedication fee; $53,162 sewer and <br />water connection charges; and $400 legal review and filing fees. Additionally, the developer is <br />providing the required Letter of Credit in an amount of approximately $370,000 covering 150% of <br />the costs of the public improvements including public and private roads, stormwater systems, sewer <br />and water utilities, street lighting, and site grading and landscaping. <br />Amended Subdivider's Agreement Per the recommendation of the City Attorney, the conditions of <br />plat approval which require an action on the part of the developer have been incorporated into an <br />amended version of the prior Subdivider's Agreement (see Exhibit G). <br />Request to Start Two Buildings Prior to Road Completion <br />The Amended Subdivider ’s Agreement specifies that no building permits for construction other than <br />model homes be issued until all public and private street improvements are complete. The <br />Agreement notes that model home construction would be permitted for the building (singular) closest <br />to Livingston Avenue after plat approval and recording, but couldn't be open for viewing until the <br />paved roads are in place. <br />Applicant has requested that building permits be issued for the two buildings at the northeast comer <br />of the site, one on each side of Livingston Avenue. The one on the south side is 3 units, that on the <br />north side is 4 units. These two buildings will be located approximately 75' from the existing end <br />of Livingston Avenue, so emergency access should not be an issue. Staff recommends approval for <br />issuance of permits for these two buildings concurrently with commencement of road construction, <br />subject to neither viewing nor certificate of occupancy until all road and utility improvements are <br />completed for the development. <br />Commencement of Site Grading <br />Due to an anticipated last-minute revision of the mylars resulting from recent satisfaction of one of <br />the mortgage interests in the property, it may be impossible to record the plat documents until the <br />week following Council action. The developer is anxious to commence grading to ensure work is <br />completed this season. Staff and the City Attorney have concluded it would be within the authority <br />granted in the subdivision ordinance to allow such grading to begin after final Council action but <br />before actual plat filing, subject to the Amended Subdivider's Agreement and Letter of Credit being <br />in place.
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