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HomeMy WebLinkAbout09-10-07 Item 4F, Lake Johanna Woods ~ ~HILLS Request for Council Action Prepared By: Dept.: Council Mtg, Date: Final Action Needed By: Ja","_L'hnhOff~ .."..~Q_~_,!!~.,-!:!f):,_l.?_~Y opment 9-10-07 9-12-07 Agenda Item: 4.F Budgeted Amount: Actual Amount: Funding Source: [ri[Q1ij;gUl~]E2Q:t~~E11t~:[[~ltfi.[~_~_~~fJlnli!0J1_al______________n__._"__.___._,,_.__._,,_,,_,,_.'''..'''''''''''''''''''''''''''''''''''''''."...."mm"_.._'".._...'___'n'n'_.____n'n__n______n____n________n__n__n_______n_n______n____nn__n_n__n__n__n__n__._..__.._"'_.___""_"'._"""'''''...........,..............._...,_.,_...,_"_"_"'_"_'_'nn__.__nnn' fA. Motion to Approve an Amendment to Condition Eleven for Planning Case 06-039, the Final Plat of Lake Johanna Woods, to Extend the Final Plat Filing IDeadline to September 5, 2008. lB. Motion to Approve an Amendment to Section 3(G) of the Development Agreement for Planning Case 06-039, the Final Plat of Lake Johanna Woods, to !E,~q,':I,~~_~",::a,"~,~?~~"'~!':~_~~,~,~,~".r.:~,~~,.Q_~__~_~.~__~_~p_~tl:l__p_~r~__l:I_~~_~~_~!i~!1J~_~__~!_~_i_':~J~__~_l:l_~_~__~p.P_!,t~~",~,~,~E~!,!':g,..f.rQ!l:l:,,~.~_~._M-_~.._~~_~__!_~L~QQ~_!__~JI~_~_'__g)_~_L8:p.PEl.l_Y_~J_~~!_~_. x September 10, 2007, Memo to the City Council from James Lehnhoff No,: No.: Recommendation: Recommendation: x Extension Request, to the Development Agreement for Planning Case None. MEMORANDUM DATE: September 10, 2007 CC Agenda Item 4.F TO: Mayor & City Council FROM: James Lehnhoff, City P1armr SUBJECT: Planning Case #06-039 Final Plat of "Lake Johanna Woods" Extension Request Arlene Boutiu 1600 Lake Johanna Boulevard ReQuest A. Motion to Approve an Amendment to Condition Eleven for Plarming Case 06-039, the Final Plat of Lake Joharma Woods, to Extend the Pinal Plat Piling Deadline to September 5,2008. B. Motion to Approve an Amendment to Section 3(G) of the Development Agreement for Plarming Case 06-039, the Pinal Plat of Lake Joharma Woods, to require a 6.5% interest rate on the unpaid park dedication fee which is to be applied starting from the March 12, 2006, Final Plat approval date. Backl!round On March 12, 2007, the City Council approved a Pinal Plat for Lake J ohanna Woods to subdivide 1600 Lake Johanna Boulevard into three conforming lots (Attachment 4P-l): Lots A roved Lot Size (s . ft. Lot 1 45,680 Lot 2 33,985 Lot 3 32,527 Total 112,192 Condition eleven required the property owner to file the Pinal Plat with Ramsey County within 180 days of the approval date. The applicant has requested an extension to September 5, 2008, to file the Final Plat with Ramsey County (Attachment 4F-1). \\Metro-inet.us\ardenlzillslPlanninglPlanning Cases\2006\06-039 Boutin -Lake Johanna Woods Final Plat (APPROVED)\091007 - CC Report.- Boutin Pinal Plat,doc Page 1 of2 Property owners commonly use the proceeds from the lot sales to pay the park dedication fee. Since the lots have not sold, the applicant stated in her letter that the she does not have the funds to pay all or a portion of the park dedication fee at this time. The final plat conditions of approval require payment of the park dedication fee prior to the City executing the final plat. The final plat cannot be filed with Ramsey County until the City executes the final plat. The original development approved by the City Council did allow the City Attorney to set up a payment program for Ms. Boutin. The payment plan is outlined in the City's subdivision ordinance, and it permits the property owner to pay one-third of the fee up front and the second two-thirds within eighteen months ofthe approval date. The property will likely enter into a payment agreement prior to the expiration ofthe requested extension. If the [mal plat filing deadline is extended, Staff recommends that the development agreement be modified to include a 6.5 percent interest rate to the unpaid balance. The 6.5 interest rate was recently used in the City's road assessment project and was recommended by the Finance Director. The interest rate would be applied starting from the original March 12,2007, final plat approval date. The applicant is aware that an interest rate may be applied if the final plat filing deadline is extended. Recommendation Staff is recommending approval of the [mal plat filing extension request and park dedication fee interest rate. If the final plat approval is allowed to expire, the applicants would be required to go through the preliminary and final plat process again. Since there have not been any changes to the City's subdivision or zoning ordinances since the final plat was approved, a new review process would likely not produce a different outcome for the application. The lots do still meet the requirements of the subdivision and zoning codes. All ofthe other conditions from the final plat approval and subsequent development agreement would continue to apply. Deadline for Agency Actions The Final Plat approval will expire by September 12, 2007, unless a second extension is approved. Attachments 4F-l Filing Extension Request, Final Plat Map, and Final Plat Conditions of Approval 4F-2 First Amendment to the Development Agreement for Planning Case 06-039 4F-3 Current Development Agreement Page 2 of2 \lMetro-inet.uslardenhil/slPlanninglPlanning Cases\2006\06-039 Boutin -Lake Johanna Woods Final Plat (APPROVED)\091007 - CC Report- Boutin Final Plat,doc Attachment 4F -1 Filing Extension Request, Final Plat Map, and Final Plat Conditions of Approval September 10, 2007, City Council Meeting September 5, 2007 To: The Arden Hills City Council From Arlene Boutin 1600 Lake Johann Blvd Arden Hills, MN 55112 Re: Lake Johanna Woods Subdivision Dedication fee I am writing to request a one year extension for the registration of 2 plats that make up the Lake Johanna Woods Subdivision. All of the requirements, outlined at the March 12, 2007 council meeting, have been met. The deadline for the plat registration is this month, which is also the deadline for the one third installment of the $12,552 park dedication fee. I had hoped for a speedy sale of one or both of these lots, but iris" well known the real estate market has slowed significantly. I have not entertained a single offer on either property. It was necessary for me to take a second mortgage on my home for the $100,000 required to prepare the lots for sate. The payment on the second mortgage poses a financial hardship that will only be relived by the sale of these lots. A one year extension would allow me the time to sell the properties and relieve me of additional financial stress. Thank you for your consideration. Respectfully, ! Ll'J1 111'1/'::> i!~1 ~ ' 1" '\ . c., I' lO: ~ ; l!l ..'i....p ~ ! " ~ '~.j@'.~E~J, ~ ~ :;:j, ~~ .! ""! .... "1:1'; ~~ f 1 ;'S j;::s;! l:1h.,; il ! <t==:il~"~~ !'", go L ~', ''- '~ ,'" "'~ 0 ~ ~ ," I " E; '1 :~. ". 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",,, '1~!,;""".., '!'l' '''l', ,~"',' ;""1 ; .. &;;'=._ \ ,hil n, :.;., 'i11; i "ii!, , ., ;, i i~ i I;i.v~ !~h !~ ;"l~;; ~,;~,~ll, ~t~;~ ~ 'f~~F;",\;!ii . "," -'!, '. I, . - "". " ", jh . ~.. ~ 2 a.~' l1 ~~~. "~~'l'" 1'_"_ ~~ ~i~:! !Il ~ ~ ~ i ~~ ~ ~~~i ~'i ~ ~~;t~~ ;! ~; ~ ~i ~l ;~~~ ~Wl: l't ~h tl:lrf~ ~~~~~ ~ ,~bn~(lo~!'~ h Ii"., ". """ "., ".'" ,~' , . ",., ;,_"., 'rl, ., _ .. " -,1' '" 'i' ~ ;' , 'I' lli , i,~,,' ! ~ '1 ", .~!!, ."" " _ "'!',',,,, ""':""""_-1"':"""" ~~ H:)'J~ .:~!: g ~ ~ ~ ~~ : ~~~ ~u. ;; :~ ~,. "' ~~ j~!i-:i! ;:l~ ~ . . .~ \ , ~l ~I II ~i 01 ~~! ~ ! l~: ~ ! ~ ~~; I ;! a, ~ ~. ~ ~ it l( ::. t; N~'} ~ ~ ~ ~iE ~Hf ~:"l: B ! :: , , ~ j!~ ~ <.. , " ~ ': ill :~ ~ ~i Planning Case #06-039 Final Plat of "Lake Johanna Woods" Conditions of Approval 1600 Lake Johanna Blvd 1. The applicant shall continue to be subject to all of the conditions for the preliminary plat as approved in Planning Case 06-026. 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. The revised plans shall be submitted prior to the City signing the Final Plat. 4. The applicant shall be responsible for raising the manholes to the final elevation prior to the City signing the Final Plat. 5. The applicant shall pay a park dedication fee of $12,552 prior to the City signing the Final Plat or on a payment schedule determined by the City Council and subject to City Attorney review. 6. The applicant shall be responsible for ensuring the viability of the six Colorado spruce trees along the hillside for a period of two years. Should any of the trees die during that time, the applicant shall replace the trees within thirty days or at the beginning of the next growing season as determined by the City Forester. This condition shall remain in place for two years after the Final Plat is filed with Ramsey County. 7. No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Forester and City Planner. If any additional trees are removed from the setback area by manmade forces, the City shall require the replacement of 125 percent of the removed caliper inches of trees. If any additional trees are removed from the setback area by manmade forces, the City shall require the replacement of 100 percent of the removed caliper inches of trees. The removed trees shall be replaced within thirty days of removal or at the beginning of the next growing season as determined by the City Forester. The replacement tree species, size, and planting location shall be subject to City Forester and City Planner approval. This condition shall remain in place for two years after the Final Plat is filed with Ramsey County. 8. The applicant may plant trees and other vegetation within the City's drainage and utility easement with prior approval from the City Engineer and City Forester. 9. All three lots shall use Lake Johanna Blvd as the official access point to the property. 10. 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. 11. The developer shall file the Final Plat with the Ramsey County Recorder and provide the City with a recorded copy within 180 days of approval. 12. 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. 13. A temporary fence shall be placed between the construction area and the areas not approved for tree removal prior to any additional grading work on the property. The fence shall not be removed until all grading work is completed. The fence's location and the fence removal shall be subject to City Engineer and City Planner approval. Attachment 4F-2 First Amendment to the Development Agreement September 10, 2007, City Council Meeting FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT CITY OF ARDEN HILLS ARLENE P. BOUTIN PC NO. 06-039 1.0 PARTIES. This Agreement is dated the 10th day of September 2007, and is entered into by and between City of Arden Hills, a Minnesota statutory city, (herein "City"); and Arlene P. Boutin, her successors and assigns (herein "Developer"). 2.0 RECITALS. A. Developer is the record fee owner of the following described property which will be platted as "Lake Johanna Woods": Lots 1, 2 and 3, Block 2, Arden Hills, Ramsey County, Minnesota; and Lot 1, Block 1, Wecks Addition, according to the recorded plat thereof, Ramsey County, Minnesota, except that part lying Westerly of the following described line: Beginning at the Northeast corner of said Lot 1; thence Westerly along the North line of said Lot 1 a distance of 158.20 feet; thence deflecting South 78 degrees 28 minutes a distance of 80.26 feet; thence deflecting West 16 degrees 28 minutes a distance of 83 feet, more or less, to the shoreline of Lake Johanna and there terminating; and, except that part lying South of the following described line: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1 a distance of 50 feet; thence South 76 degrees West, a distance of 72 feet, more or less, to the shore of Lake Johanna and there terminating. B. The Parties wish to Amend Section 3 (G) of the Development Agreement as hereinafter specified. 3.0 TERMS AND CONDITIONS. In consideration of the undertakings herein expressed, the City and Developer agree as follows: A. Section 3 (G) of the Agreement is hereby Amended in its entirety to read as follows: G. Park Dedication. Developer shall pay a Park Dedication Fee of $12,552 prior to the execution of the Final Plat by the City of Arden Hills or pursuant to a payment schedule reviewed and approved by the City Attorney. The balance of the Park Dedication Fee shall accrue interest at the rate of six point five percent (6.5%) per annum starting from March 12,2007. 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 10th day of September, 2007. CITY OF ARDEN HILLS, a Minnesota statutory city By Stanley Harpstead Mayor DEVELOPER: Arlene P. Boutin 2 STATE OF MINNESOTA ) ) 55. COUNTY OF ) 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 ) ) 55. COUNTY OF ) On this _ day of ,2007, before me, a notary public within and for said county, personally appeared Arlene P. Boutin, the owner of the above described property. Notary Public THIS INSTRUMENT WAS DRAFTED BY: James Lehnhoff, City Planner City of Arden Hills 1245 West Highway Arden Hills, MN 55112 3 Attachment 4F -3 Current Development Agreement September 10, 2007, City Council Meeting DEVELOPMENT AGREEMENT CITY OF ARDEN HILLS ARLENE P. BOUTIN PC NO. 06-039 1.0 Parties. This Agreement is dated the 1 ih day of March 2007 and is entered into by and between City of Arden Hills, a Minnesota statutory city, (herein "City"); and Arlene P. Boutin, her successors and assigns (herein "Developer"). 2.0 Recitals. A. Developer is the record fee owner of the following described property which will be platted as "Lake Johanna Woods": Lots 1, 2 and 3, Block 2, Arden Hills, Ramsey County, Minnesota; and Lot 1, Block 1, Weeks Addition, according to the recorded plat thereof, Ramsey County, Minnesota, except that part lying Westerly of the following described line: Beginning at the Northeast corner of said Lot 1; thence Westerly along the North line of said Lot 1 a distance of 158.20 feet; thence deflecting South 78 degrees 28 minutes a distance of 80.26 feet; thence deflecting West 16 degrees 28 minutes a distance of 83 feet, more or less, to the shoreline of Lake Johanna and there terminating; and, except that part lying South of the following described line: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1 a distance of 50 feet; thence South 76 degrees West, a distance of 72 feet, more or less, to the shore of Lake Johanna and there terminating. B. On the 1ih day of March 2007, the Arden Hills City Council reviewed the Development Application for the Final Plat of Lake Johanna Woods; the Arden Hills Staff and Consulting Reports; and approved the Final Plat of Lake Johanna Woods 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 Lake Johanna Woods 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 Passe Engineering, Inc. dated the 151 day of August 2006 and attached hereto as Exhibit A. B. Utilities. Utilities shall be installed pursuant to the Utility Plan prepared by Passe Engineering, Inc. dated the 151 day of August 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. C. Gradinq and Erosion Control. Grading and erosion control shall be constructed and implemented in compliance with the Plan prepared by Passe Engineering, Inc. dated the 151 day of August, 2006 and attached hereto as Exhibit C. 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. Any changes to the Grading or Erosion Control Plan shall be subject to approval by the City Engineer. D. Landscapinq. 1. Landscaping improvements shall be installed pursuant to the Plan prepared by Passe Engineering dated the 51h day of January 2007 and attached hereto as Exhibit D. The Developer shall be responsible for insuring the viability of six (6) Colorado Spruce trees along the hillside for a period of two (2) years. Should any of the trees die during that time, the Developer shall replace the trees within thirty (30) days or at the beginning of the next growing season as determined by the City Forester. This condition shall remain in force for two (2) years after the final plat is filed with Ramsey County. 2. No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Planner and City Forester. If additional trees are removed from the forty (40) foot setback area through human-made forces, such trees shall be replaced by the Developer with trees that are 125 percent larger, as measured by caliper inches, than the trees that were removed. Removed trees shall be replaced within thirty 2 (30) days of removal or at the beginning of the next growing season as determined by the City Forester. The replacement of tree species, size and planting location shall be subject to approval by the City Planner and City Forester. This condition shall remain in force for two (2) years after the Final Plat is filed with Ramsey County. 3. No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Planner and City Forester. If any trees die or fall from natural forces within the forty (40) foot setback area, the number of trees lost, as measured by caliper inches, shall be replaced by the Developer within thirty (30) days or at the beginning of the next growing season as determined by the City Forester. The replacement of tree species, size and planting location shall be subject to approval by the City Planner and City Forester. This condition shall remain in force for two (2) years after the Final Plat is filed with Ramsey County. 4. The Developer may plant trees or other vegetation within the City's drainage and utility easements provided that Developer receives prior approval from the City Engineer and City Forester. 5. A temporary fence shall be placed between the construction area and the areas not approved for tree removal prior to any grading work on the property. The fence shall not be removed until all grading work is completed. The location of the fence and its removal shall be subject to approval by the City Engineer and City Planner. E. Desiqnated Lot Access. All lots shall use Lake Johanna Boulevard as the official access point to the lots. Developer shall provide access permits for Lots 2 and 3, Block 1, Lake Johanna Woods from Ramsey County prior to issuance of any building permits for such lots. F. Aqencv 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. G. Park Dedication. Developer shall pay a Park Dedication Fee of $12,552 prior to the execution of the Final Plat by the City of Arden Hills or pursuant to a payment schedule reviewed and approved by the City Attorney. 3 H. Buildina Pads. The Developer shall provide soil borings or other proof that residential dwellings can be constructed on Lots 2 and 3, Block 1, Lake Johanna Woods within the approved building pad areas prior to the execution of the Final Plat by the City of Arden Hills. I. Manholes. The Developer shall be responsible for raising the manholes to the final grading elevations prior to the issuance of building permits. J. 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: Arlene P. Boutin 1600 Lake Johanna Boulevard Arden Hills, Minnesota 55112 K. 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. L. 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 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 4 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. 5 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 1 ih day of March, 2007. CITY OF ARDEN HILLS, a Minnesota statutory city By Stanley Harpstead Mayor DEVELOPER: Arlene P. Boutin 6 STATE OF MINNESOTA ) ) ss. COUNTY OF ) 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 ) ) ss. COUNTY OF ) On this _ day of ,2007, before me, a notary public within and for said county, personally appeared Arlene P. Boutin, the owner of the above described property. Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, PA (JPF) 55 East Fifth SI., #800 SI. Paul, MN 55101 (651) 291-8955 F:\users\Janice\Jerry\Arden Hills\Boutln Dev Agt.doc 7