HomeMy WebLinkAbout03-12-07 Item 4E, Resolution 07-33 Final Plat of Burroughs
~
~HILLS
Request for Council Action
Prepared By:
Dept.:
Council Mtg. Date:
Final Action Needed By:
James Lehnhoff
"._~Q_I!l~_!ln_i!Y_P_~_~_._.....,P.I!!~.IJ.!
3-12-07
'3:12:07'
Agenda Item:
4.E
Budgeted Amount:
Actual Amount: --
Funding Source:
Approving Resolution 07-33 for the Final Plat of Burroughs Lane and the Development Agreement in Planning Case 06...Q38
a Finding that the Final Plat is in Conformance with the Conditions of the Preliminary Plat in Planning Case 06-013 and the
Ordinance, Subject to the Seven Conditions in Planning Case 06-038.
Approve the Planning Case as recommended by the Planning Commission.
-07-07
r~Q1t~9.rtL~llflD.ggj,]m~!~~~ali!~IDIi?~I",
, X iMemo/Letter: March 12, 2007, Memo to the City Council
.-----,-----.-........-..--------.-................"----------.............__.__ __..................".________._.._..............._... ___n___...._........._"_"______._._............_______________
i X i Resolution No.:
07-33
'Ordinance No.:
! Engineering Recommendation:
iAttorney Recommendation:
, .
~..,_.__..._--_.-
-4'E:1":.-i5ii(fFebruary'..i:"2007~.-piannrng"Com-iTiis's'j"on-'iVffnutes.-fo'r..pian-illng--Case--if6:o38
4E-2. Development Agreement
4E-3. Resolution 07-33
4E4. F~bruary 7,2007, Report to the _Planning Commission
I X IOther:
None.
None.
~
--A~ HILLS
MEMORANDUM
DATE:
March 12, 2007
CC Agenda Item 4.E
TO: Mayor & City Council
FROM: James Lehnhoff, City Planner
SUBJECT: PC #06-038
Final Plat of Burroughs Lane
Amities Coast, Ine (Phil Littlefield)
3685 & 3695 New Brighton Road
Request
Resolution 07-33: Approving the Final Plat of Burroughs Lane and the Development Agreement
in Planning Case 06-038 Based on a Finding that the Final Plat is in Conformance with the
Conditions of the Preliminary Plat in Planning Case 06-013 and the City's Subdivision
Ordinance, Subject to the Seven Conditions in Planning Case 06-038.
This final plat is continent upon approval ofthe partial easement vacation in Planning Case 07-
001, which is item 6.A on the March 12,2007, City Council agenda. The partial easement
vacation includes a public hearing.
Back!!round
On July 31,2006, the City Council approved a preliminary plat to reconfigure 3685 New
Brighton Road (1.87 acres) and 3695 New Brighton Road (.99 acres) into four new lots:
Lots Proposed Lot Size
Lot 1 30,128 square feet
Lot 2 27,897 square feet
Lot 3 50,315 square feet
Lot 4 16,373 square feet
Total 124,713 (2.86 acres)
Lot 1 is on the 3695 New Brighton Road property. Lots 3 and 4 are on the 3685 New Brighton
Road property. Lot 2 is split by the two existing parcels. Lots 1 and 2 would access New
Brighton Road, and Lots 3 and 4 would access Thorn Drive. All four lots meet or exceed the
IlMetro-inet.us\ardenhills\Planning\Planning Cases\2006\06-038 Amities Coast - Burroughs Lane Final Plat (PENDING)\031207 - CC Report-
Burroughs Lane (amities coast) Final Plat. doc
Page 1 of5
minimum requirements of the underlying zoning district and the subdivision code. No variances
are needed for this subdivision.
According to the proposed plans, Lots 1,2, and 3 would accommodate walk-out style homes.
All of the structures on the 3695 New Brighton Road property would be removed. A shed that
would straddle the proposed lot line between Lots 2 and 4 would also be removed. The existing
dwelling and accessory structure on Lot 4 would remain. No variances would be needed to
construct on the three vacant lots.
Utility Easement Vacation
Condition one ofthe preliminary plat approval required a partial vacation of the utility easement
on proposed Lot 3 for the driveway on Lot 3. The area to be vacated was reviewed by the City
Engineer and was declared excess easement land. The applicant has submitted the required
information for a partial easement vacation, and the public hearing for the vacation is scheduled
for the March 12, 2007, City Council meeting. The final plat review is also scheduled for the
March 12, 2007, City Council meeting. The final plat is being placed on the consent calendar;
however, the final plat will be contingent upon approval ofthe partial easement vacation,
Park Dedication Fee
For a subdivision that results in two new lots, Section 1130.08 Subd. 2 of the Subdivision
Ordinance permits the City to require the applicants to dedicate up to six percent ofthe buildable
land area in the subdivision to the City or to pay a park dedication fee of up to six percent of the
property's land value at the time the final plat is approved. Given the small size and location of a
potential land dedication, a park dedication fee would be more appropriate then a land
dedication.
The 2007 land market value according to Ramsey County records is $464,500, Based on the
Ramsey County assessed value, the maximum park dedication fee for the entire property would
be $27,870 or $6,967.50 per lot. However, the City can only charge for the two net new lots
created in the plat. Therefore, the maximum park dedication fee for the two new lots would be
$13,935 or $6,967.50 per lot. These numbers assume that all four lots have the same value. The
applicant can submit an independent appraised value ofthe lots if they so desire.
While the City does have guidelines for setting the maximum park dedication fee, State Statutes
(462.358 Subd 2.b and 2.c) have additional criteria that while not directly reflected in the City's
Subdivision Code, must be considered:
. The regulations may require that a reasonable portion of the
buildable land, as defined by municipal ordinance, of any proposed subdivision be
dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas,
and water facilities, storm water drainage and holding areas or ponds and similar
utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands,
or open space
\\Metro-inet.us\ardenhillslPlanninglPlanning CasesI2006\06-038 Amities Coast - Burroughs Lane Final Plat (PENDING)\031207 - CC Report-
Burroughs Lane (amities coast) Final Plat. doc
Page 2 of5
. In establishing the portion to be dedicated or preserved or the cash fee, the City shall give
due consideration to the open space, recreational, or common areas and facilities open to
the public that the applicant proposes to reserve for the subdivision.
. The municipality must reasonably determine that it will need to acquire that portion of
land for the purposes stated in this subdivision as a result of approval of the subdivision.
. The municipality must not deny the approval of a subdivision based solely on an
inadequate supply of parks, open spaces, trails, or recreational facilities within the
municipality.
. There must be an essential nexus between the fees or dedication
and the municipal purpose sought to be achieved by the fee or dedication. The fee or
dedication must bear a rough proportionality to the need created by the proposed
subdivision or development.
. If a municipality is given written notice of a dispute over a proposed fee in lieu of
dedication before the municipality's final decision on an application, a municipality must
not condition the approval of any proposed subdivision or development on an agreement
to waive the right to challenge the validity of a fee in lieu of dedication.
The italicized bullet points are particularly important because they summarize the overall theme
in State Statutes for setting the park dedication fee. Essentially, the park dedication fee must be
reasonable and proportional to the impact of the subdivision on the park system. Based on the
park dedication fees applied to other recently approved subdivisions, the City Attorney has
expressed some concern regarding the potential for applying inequitable park dedication fees.
Park dedication fees should be comparable between subdivisions that are reviewed and approved
in substantially the same timeframe. It would be difficult for the City to demonstrate that new
lots in one subdivision have a greater impact on the park system than new lots in another
subdivision, particularly when the subdivision is reviewed and approved within the same
timeframe. The fee can be adjusted over time to account for overall increases in land value.
Since 2005, the following park dedication fees have been applied to new subdivisions:
Status Plannin Case Park Dedication Fee New Lots Fee er Lot
05-019 $15,600 3 $5,200
Approved 06-002 $4,808
06-004' $4,896
06-001 $7,594 2
A roved & Pendin Avera e
*Reduced from maximum park dedication fee
The City Attorney and I have discussed the option of using a running average of past park
dedication fees, including the potential maximum fee of the final plates) under review, to
\\Metro-inet.us\ardenhillslPlanninglP/anning Cases\2006\06-038 Amities Coast - Burroughs Lane Final Plat (PENDING)\031207 _ CC Report-
Burroughs Lane (amities coast) Final Plat. doc
Page 3 of5
calculate more equitable park dedication fees. Using a running average would produce a park
dedication fee that adjusts for changes in land value over time while keeping the fee per lot
comparable to other subdivision approvals. Including the two final plats currently under review
and the four other park dedication fees charged since 2005 would generate an average park
dedication fee of $6,276 per lot, which is slightly less than the maximum park dedication fee for
Burroughs Lane. It is not necessary to change the Subdivision Ordinance at this time to use this
method since it is meant to respect the limits on park dedication fees set in State Statutes,
Furthermore, the Subdivision Code only sets the maximum park dedication fee as opposed to a
mandatory park dedication fee.
To remain consistent with the recommendation in the Final Plat of Lake Johanna Woods (PC 06-
038), Staffis recommending a park dedication fee of $6,276 for each of the two new lots in the
Burroughs Lane subdivision.
Development Al!reement
The City Attorney has prepared a development agreement to include with the approval of the
final plat (Attachment 4E-2).
Recommendation
The Planning Commission reviewed Planning Case 06-039 and recommends approval on a vote
of3-0 with one abstention. There were only four members ofthe Planning Commission in
attendance at the February meeting, and one Planning Commission member lives close to the
subj ect property and abstained from voting.
The recommendation for approval was based on a finding that the Final Plat of Burroughs Lane
is in conformance with the requirements of the Preliminary Plat approval in Planning Case 06-
013 and is in conformance with the requirements of the City's Subdivision Ordinance. The
approval is subject to the following seven conditions:
1. The applicant shall continue to be subject to all of the conditions for the preliminary plat
as approved in Planning Case 06-013.
2. The applicant shall conform to all requirements for Final Plats in Chapter 12 of the City
Code,
3. The plans shall be amended to be in full compliance with the City Engineers memo dated
January 25, 2007. Revised plans shall be submitted prior to the City signing the Final
Plat.
4. The applicant shall pay a park dedication fee as determined by the City Council prior to
the City signing the Final Plat or on a payment schedule determined by the City Council
and subject to City Attorney review.
5. The City Attorney shall prepare a development agreement that shall be subject to City
Council approval. The development agreement shall be signed by the property owners
prior to the City signing the Final Plat.
\\Metro-inet.uslardenhillslPlanninglPlanning Cases\2006\06-038 Amities Coast - Burroughs Lane Final Plat (PENDING)\031207 - CC Report_
Burroughs Lane (amities coast) Final Plat. doc
Page 4 of5
6. The developer shall file the Final Plat with the Ramsey County Recorder and provide the
City with a recorded copy within sixty days of approval.
7. The property owner shall not restrict the City's access to the drainage and utility easement
area. The City shall not be responsible for the cost of replacing, removing or repairing
any damage to any fences or structures in the drainage and utility easement area.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "... it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
A Final Plat can only be denied if it is not possible for the applicant to conform to the City's
subdivision regulations and the conditions of the Preliminary Plat.
Deadline for Ae:encv Actions
The City of Arden Hills received the completed application for this request on January 9,2007.
Pursuant to Minnesota State Statue 462.358 Subd 3.b, the City must grant final approval within
60 days ofthe completed submittal if the applicant has complied with all conditions and
requirements of applicable regulations and all conditions and requirements upon which the
preliminary approval was expressly conditioned either through performance or the execution of
appropriate agreements assuring performance.
While the deadline for agency action was March 10,2007, the applicant agreed to extend the
review date so that the City could hold the public hearing regarding the partial vacation ofthe
utility easement on proposed Lot 3, which will satisfy condition one of the preliminary plat
approval.
Attachments
4E-l Draft Planning Commission Minutes
4E-2 Development Agreement
4E-3 Resolution 07-33
4E-4 February 7,2007, Report to the Planning Commission-
htto://www.ci.arden-hills.mn.us
\\Metro-inet.uslardenhillslPlanninglPlanning Cases\2006\06-038 Amities Coast - Burroughs Lane Final Plat (PENDING)\031207 - CC Report-
Burroughs Lane (amities coast) Final Plat.doc
Page 5 of5
Attachment 4E-l
Draft Planning Commission Minutes
March 12, 2007, City Council Meeting
ARDEN HILLS PLANNING COMMISSION - FEBRUARY 7, 2007
2
A. PLANNING CASE #06-038 - FINAL PLAT OF BURROUGHS LANE; AMITIES
COAST (PHIL LITTLEFIELD); 3685/3695 NEW BRIGHTON ROAD
Mr, Lehnhoff stated the applicants were requesting a Final Plat to re-plat 3685 and 3695
New Brighton Road from two properties into four conforming properties. Staff
recommended approval based on the following conditions:
1. The applicant shall continue to be subject to all of the conditions for the
preliminary plat as approved in Planning Case 06-013.
2. The applicant shall conform to all requirements for Final Plats in Chapter 12 of
the City Code.
3. The plans shall be amended to be in full compliance with the City Engineers
memo dated January 25, 2007. Revised plans shall be submitted prior to the
City signing the Final Plat.
4, The applicant shall pay a park dedication fee as determined by the City Council
prior to the City signing the Final Plat or on a payment schedule determined by
the City Council and subject to City Attorney review.
5. The City Attorney shall prepare a development agreement that shall be subject
to City Council approval. The development agreement shall be signed by the
property owners prior to the City signing the Final Plat.
6. The developer shall file the Final Plat with the Ramsey County Recorder and
provide the City with a recorded copy within sixty days of approval.
7. The property owner shall not restrict the City's access to the drainage and utility
easement area. The City shall not be responsible for the cost of replacing,
removing or repairing any damage to the fences or structures in the drainage and
utility easement area.
Commissioner Larson inquired about the retaining wall at the north side of the property.
Phil Littlefield, applicant, stated they would be recovering the existing retaining wall, and
there would be no demolition of the existing wall. Mr. Littlefield also stated that they
worked out an agreement with the property to the north regarding the retaining wall.
Commissioner Modesette stated her property is close to the subject property and she
would be abstaining from the vote and discussion.
Commissioner Larson mDved, seconded by Commissioner Thompson to recommend
approval of Planning Case No. 06-038, Final Plat of Burroughs Lane, Amities Coast (Phil
Littlefield); 3685/3695 New Brighton Road, based on a finding that the Final Plat is in
cDnformance with the conditions of the preliminary plat approval in Planning Case 06-
013 and the City's Subdivision Ordinance, subject to the seven conditions as outlined in
staffs February 7, 2007 report in Planning Case 06-013.
The motion carried unanimously (3-0-1) (Commissioner Modesette abstained).
Attachment 4E-2
Development Agreement
March 12, 2007, City Council Meeting
DEVELOPMENT AGREEMENT
CITY OF ARDEN HILLS
TIMOTHEY L. HORITA AND
AMY SMITH HORITA
PC NO. 06-038
1.0 Parties. This Agreement is dated the 12th day of March, 2007, and is entered
into by and between City of Arden Hills, a Minnesota statutory city, (herein
"City"); and Timothy L. Horita and Amy Smith Horita, husband and wife, their
successors and assigns (herein collectively "Developer").
2.0 Recitals.
A. Developer is the record fee owner of the following described property
which will be platted as "Burroughs Lane":
Lots 17 and 18, Rohleder's Home and Garden Acres according to
the recorded plat thereof, Ramsey County, Minnesota.
B. On the 12th day of March, 2007, the Arden Hills City Council reviewed the
Development Application for the Final Plat of Burroughs Lane; the Arden
Hills Staff and Consulting Reports; and approved the Final Plat of
Burroughs Lane subject to the terms and conditions contained herein.
3.0 Terms and Conditions. In consideration of the City's approval of the Final Plat
of Burroughs Lane and the obligations expressed herein, the parties agree as
follows:
A. Compliance with Plans. Developer shall subdivide and configure the
property pursuant to the Plan prepared by Pioneer Engineering dated the
12tn day of March, 2007, and attached hereto as Exhibit A.
B. Utilities. Utilities shall be installed pursuant to the Utility Plan prepared
by Pioneer Engineering dated the 10th day of December, 2006 and
attached hereto as Exhibit B.
1. The Developer shall provide an As-Built Survey upon completion of
the utilities.
2. The Developer shall not restrict the City's access to drainage and
utility easement areas. The City shall not be responsible for the
costs of replacing, removing or repairing any damage to any
fences or structures in the drainage and utility easement area.
3. The extension of City utility services to platted lots shall be
subject to review and approval by the City Engineer and all
associated costs shall be the responsibility of the Developer.
4. Developer shall be required to stake metal markers along the
Drainage Easement abutting the infiltration pond and wetland
with signs stating the area is a Natural Vegetation/Infiltration
Area and no dumping is allowed. The design of the sign shall be
approved by the City Engineer prior to installation.
C. Grading and Erosion Control. Grading and erosion control shall be
constructed and implemented in compliance with the Plan prepared by
Pioneer Engineering dated the 1st day of December, 2006, and attached
hereto as Exhibit C.
1. Erosion control measures shall be installed before any grading or
construction begins and shall be maintained and remain in place
until ground cover is re-established and construction is finished.
2. Any changes to the Grading or Erosion Control Plan shall be
subject to approval by the City Engineer.
3. The issuance of a Certificate of Occupancy for the property that
will be platted as Lot 1, Burroughs Lane, shall be contingent upon
successful implementation of the Drainage and Grading Plan as
determined by the City Engineer.
D. Landscaping.
1. Trees shall not be removed outside of the designated Tree
Removal Area as illustrated on a Removal Plan prepared by
Pioneer Engineering dated the 1st day of December, 2006, and
attached hereto as Exhibit C. The Developer shall work with the
City of Arden Hills Planner and Arden Hills City Forrester to save
as many existing quality, well-placed, and healthy trees as
possible. The trees not designated for removal shall be protected
by a fence during construction that shall be installed, inspected,
and be subject to City approval prior to any tree removal. The
City may require preparation and implementation of a Re-
landscaping Plan if any trees greater than 4 inches in diameter are
removed outside of the designated Tree Removal Area.
E. Park Dedication. The Developer shall pay a park dedication fee of
$12,552 prior to the City's execution of the final plat.
2
F. Change of Address. The address for the existing dwelling on the
property which will be designated as Lot 4, Burroughs Lane, shall be
changed to a Thom Drive address from its current address on New
Brighton Road.
G. Agencv Permits. Applicant shall obtain all necessary permits, including
the wetland fill permit from Rice Creek Watershed District and shall
obtain other permits as necessary from Ramsey County, the State of
Minnesota Department of Natural Resources, and any other governing
agencies where applicable prior to the issuance of any building permits.
H. Notice. Any notices required pursuant to this Agreement shall be
deemed properly served if sent by certified mail - return receipt
requested to the following:
1. If to the City:
City of Arden Hills
Attn: City Administrator
1245 West Highway 96
Arden Hills, Minnesota 55112
2. If to Developer:
Timothy L. Horita and Amy Smith Horita
3695 New Brighton Road
Arden Hills, Minnesota 55112
I. Default. The occurrence of any of the following shall be considered an
"event of default" in the terms and conditions contained in this
Agreement:
1. Failure of the Developer to comply with any of the terms and
conditions contained in this Agreement within thirty (30) days of
receipt of notice from the City.
2. The failure of the Developer to comply with any applicable
ordinance or statute with respect to the development of the
Property within thirty (30) days of receipt of notice from the City.
J. Remedies. Upon the occurrence of any event of default, the City, in
addition to any other remedy which may be available to it, shall be
permitted to do any of the following:
1. City may make advances or take other steps to cure the default,
and, where necessary, enter the Developer's Property for that
3
purpose. Developer shall pay all sums so advanced or expenses
incurred by the City, upon demand, with interest from the dates
of such advances or expenses at the rate of 10% per annum. No
action taken by the City pursuant to this section shall be deemed
to relieve the Developer from curing any such default to the
extent that it is not cured by the City or from any other default
hereunder. The City shall not be obligated, by virtue of the
existence or exercise of this right, to perform any such act or cure
any such default. Developer shall save, indemnify, and hold
harmless, including reasonable attorney fees, the City from any
liability or other damages which may be incurred as a result of
the exercise of the City's rights pursuant to this section.
2. Obtain an Order from a Court of competent jurisdiction requiring
Developer to specifically perform its obligations pursuant to the
terms and provisions of this Agreement.
3. Exercise any other remedies which may be available to it
including an action for damages.
4. Withhold the issuance of any or all building permits and/or
prohibit the occupancy of all building(s) for which permits have
been issued.
5. In addition to the remedies and amounts payable as set forth
herein, upon the occurrence of an event of default, Developer
shall pay to the City all fees and expenses, including reasonable
attorney, engineering and consulting fees, incurred by the City as
a result of the event of default, whether or not a lawsuit or other
action is formally taken.
4
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as
of the date and year first above written.
Pursuant to Authorization of the City Council
on the 12th day of March, 2007.
CITY OF ARDEN HILLS,
a Minnesota statutory city
By
Stanley Harpstead
Mayor
DEVELOPER:
Timothy L. Horita
Amy Smith Horita
5
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
On this _ day of , 2007, before me, a notary public within
and for said county, personally appeared Stanley Harpstead, to me known to be
respectively the Mayor of the City of Arden Hills, and he executed the foregoing
instrument and acknowledged that he executed the same by authority of and on
behalf of City of Arden Hills.
Notary Public
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
On this _ day of , 2007, before me, a notary public within
and for said county, personally appeared Timothy L. Horita and Amy Smith Horita, the
owners of the above-described property.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
PETERSON, FRAM 8: BERGMAN, P.A. (JPF)
55 East Fifth St., #800
St. Paul, MN 55101
(651) 291-8955
F:luserslJanicelJerrylArden HillslHORITA DEV AGR.doc
6
Attachment 4E-3
Resolution 07-33
March 12, 2007, City Council Meeting
~
~HlLLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 07-33
RESOLUTION APPROVING THE FINAL PLAT OF BURROUGHS LANE
WHEREAS: on April 11 , 2006, Phil Littlefield, the representative for Tim & Amy Horita
of 3685 & 3695 New Brighton Road, submitted a completed preliminary plat
application for review of a preliminary plat of BURROUGHS LANE which would
re-plat two lot into four conforming lots.
WHEREAS: on May 3, 2006, and July 13, 2006, a public hearing was held by the
Planning Commission reviewing the preliminary plat application by Phil Littlefield
and at the conclusion of the public hearing the Planning Commission
recommended approval subject to 17 conditions of approval.
WHEREAS: on July 31,2006, the City Council unanimously approved the preliminary
plat of BURROUGHS LANE subject to the 17 recommended conditions of
approval.
WHEREAS: on December 5, 2006, Phil Littlefield submitted a final plat application for
BURROUGHS LANE. The application was deemed complete on January 9,
2007.
WHEREAS: on February 7, 2007, the Planning Commission reviewed the final plat
application for BURROUGHS LANE and recommended approval subject to 7
conditions of approval based on a finding that the final plat is in conformance
with the conditions of the preliminary plat and the City's Subdivision Ordinance.
WHEREAS: on March 12,2007, the City Council received the recommendation from
the Planning Commission.
NOW THEREFORE BE IT RESOLVED: That the Council of the City of Arden Hills
approves the final plat of BURROUGHS LANE subject to 7 conditions of approval and
the execution of a Development Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12th
DAY OF MARCH, 2007.
Stanley Harpstead, Mayor
ATTEST:
Michelle A. Wolfe, City Administrator
Attachment 4E-4
Report to the Planning Commission
Available online at:
hUD:/ /www.ci.arden-hills.mn.us
March 12, 2007, City Council Meeting