HomeMy WebLinkAbout7A, PC 08-003, Christensen Prelim Plat and FInal Plat
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City Council
Agenda Packet Item:
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Request for Council Action
Prepared By: Meagan Beekman ____
Dept.: C:;,()m,l11u,nity [),ey_elopm~,nJ
Council Mtg. Date: ... .m...""o:i::iS:OS" m."
Final Action Needed By:os:oi:os
Budgeted Amount: __
Actual Amount:
Funding
A. Motion to Approve Planning Case 08-003 for a Preliminary and Final Plat of Christensen Estates Based on the Findings of Fact and thei
Submitted Plans as Amended by the Ten Conditions in the February 25, 2008, Planning Case Report.
B. Motion to Approve the Christensen Estates Final Plat Development Agreement.
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A. Approve Planning Case 08-003 for a Preliminary and Final Plat of Christensen Estates Based on the Findings of Fact and the Submitted
! Plans as Amended by the Ten Conditions in the February 25, 2008, Planning Case Report.
! B. Approve the Christensen Estates Final Plat Development Agreement.
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i X . Memo/Letter:
February 25. 2008, Memo to the City Council
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!Resolution No.:
Ordinance No.:
; Engineering Recommendation:
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Attorney Recommendation:
'X 'Other:
A: Draft Planning Commission minutes
B: Development Agreement
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MEMORANDUM
DATE: February 25,2008
TO: Mayor & City Council
FROM: Meagan Beekman, Planner I
SUBJECT: Planning Case #: 08-003
Preliminary and Final Plat of Christensen Estates
Richard J. Christensen
PID: 34-30-23-31-0012
Relluest
Motion to Approve Planning Case 08-003 for a Preliminary and Final Plat of Christensen Estates
and the Development Agreement Based on the Findings of Fact and the Submitted Plans as
Amended by the Eleven Conditions in the February 25,2008, Planning Case Report.
Backl!round
The applicant submitted an application for a Preliminary Plat ofthis property in June 2007. The
Planning Commission unanimously recommended approval at their July 11, 2007, meeting, and
the City Council approved the Preliminary Plat at their meeting on July 30, 2007. The Zoning
Code requires submission of a Final Plat within 90 days of approval of a Preliminary Plat. The
applicant was unable to submit a Final Plat application by the October 30,2007, deadline and the
Preliminary Plat approval expired.
Since the Preliminary Plat approval, the applicant has discovered that a past condemnation from
MnDOT had not been properly filed, which led to the discovery that the right-of-way along
Snelling Avenue was approximately five feet wider than was previously known. Therefore, the
applicant has resubmitted a revised Preliminary Plat that reflects this boundary change. The
overall proposal to subdivide the 3.08 acre property into four new conforming lots is otherwise
unchanged. The applicant is also requesting a Final Plat approval.
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CC Report - Christensen Estates Plat. doc
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Christensen Estates
Total Area
Lot Total Lot Area Outside Width Depth
Easements
1 23,999 4,105 225 74-145
2 15,408 8,109 95 147-177
3 29,427 17,212 144 177-226
4 56.347 16,257 500+ 175-226
Minimum 14,000 nfa 95 (105 corner) 130
The property is vacant and does not have an assigned address. The property is located to the east
of Snelling A venue/Highway 51 and to the west of the intersection of Hamline Avenue and
Ingerson Road, which is near the northwest side of Lake Josephine. The property is not adjacent
to Lake Josephine.
The applicant has submitted a Rice Creek Watershed District (RCWD) approved wetland
delineation report, existing conditions map, Preliminary Plat, and preliminary grading plan
(Attachment C), The soil information submitted previously has not changed since the
application was last reviewed. The Rice Creek Watershed District has reviewed the proposal and
issued a conditional approval upon receipt of changes (CAPROC), The changes requested by
RCWD are minor and are not anticipated to change the layout of the proposed plat.
The submitted plans do show potential locations for future dwellings; however, those are only
meant to illustrate that there is room on each lot for a dwelling. The exact location of each
dwelling will be determined as each lot is developed through the building permit process. No
variances are anticipated for any ofthe lots as they are developed. The properties do meet the
minimum requirements of the City's subdivision and zoning codes.
Park Dedication Fee
For a subdivision that results in three net new lots, Section 1130,08 Subd. 2 of the Subdivision
Ordinance permits the City to require the applicants to dedicate up to seven percent of the
buildable land area in the subdivision or to pay a park dedication fee of up to seven percent of
the property's land value at the time the final plat is approved. Since the trail along Hamline
Avenue already belongs to the City and the remaining land does not easily lend itself to park or
other recreational uses, a park dedication fee would likely be more appropriate then a land
dedication.
An official appraisal of the property was submitted to the City that determined the current value
of the entire property to be $250,000. State Statutes require the City to use the value of the
property prior to execution of the final plat when determining park dedication fees. The
maximum park dedication fee for the entire property would be $17,500 or $4,375 for each of the
lots. However, the City can only charge the fee for three net new lots. Exempting one of the lots
reduces the maximum park dedication fee to $13,125.
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While the City does have regulations 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. Essentially, State Statute requires that the park
dedication fee be reasonable and proportional to the impact of the subdivision on the park
system. For example, it would be difficult to require one residential lot to be pay a fee of
$20,000 while another lot pays a $5,000 fee when the impact is essentially the same. Most
single-family residential lots will have a similar impact on the City's park and recreational
system. Therefore, in order to be consistent with other recent park dedication fees, Staff
reviewed the fees from plats going back to 2005.
Ranning
Case New Lots Fee per Lot
05-019 3 $5,200
06-002 1 $4,808
06-004 1 $4,896
06-001 2 $3,797
06-038 2 $6,276
06-039 2 $6,276
07-005 1 $5,250
07-014 16 NA
At $4,375 per lot, the park dedication fee for Christensen Estates is below the average park
dedication fee required in other recently approved plats. However, to stay in conformance with
City Code and State Statutes, the park dedication fee for Christensen Estates cannot be raised
higher than $4,375 for each of the three net new lots. Staff is recommending a total park
dedication fee for Christensen Estates subdivision of$13,125. This is the maximum fee, and it
can be reduced by the City Council if deemed appropriate.
Development Al!:reement
For subdivisions that include the construction of new streets and/or public utilities, the City can
require a development agreement (Attachment B). For this subdivision, the responsibility of
grading, tree removal, and utility, and drainage/stormwater work will be on the property owners
at the time building and grading permits are submitted. The agreement outlines the final
specifications for all grading, utilities, drainage/stormwater provisions; the performance
guarantees; and other city requirements to ensure that the development is implemented as the
Final Plat was approved. All grading, utility, and stormwater work are subject to City review,
inspection, and approval. The City Attorney prepared the agreement. The developer is currently
reviewing the agreement, and there may be minor changes made prior to the Council meeting. If
any changes are needed, revised copies will be provided prior to or at the meeting.
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Findinl!s of Fact
The Planning Commission offers the following nine findings of fact for review:
Zoning Code Findings:
1. The lot layouts in the preliminary and fmal plat proposal meet or exceed all of the
requirements of the underlying R-l Zone, including minimum lot size, lot width, and
lot depth.
2. All four lots are capable of accommodating a detached single family dwelling that
meets all required setbacks and coverage limits without any additional variances.
3. No zoning variances are anticipated when each of the lots are developed.
Subdivision Ordinance Findings:
4. The proposed lot layouts meet or exceed all of the requirements of the City of Arden
Hills Subdivision Code.
5. All four lots are adjacent to the Hamline Avenue right-of-way and capable of
supporting separate driveways.
6. The drainage areas and stormwater pond areas are included in a drainage easement
that will be dedicated to the City and/or Rice Creek Watershed District.
7. The park dedication fee applies to this subdivision and shall be set by the City
Council.
8. The plat has been submitted to the Rice Creek Watershed District for review.
9. No subdivision variances are required for this application.
Recommendation
The Planning Commission reviewed Planning Case 08-003 and recommends approval (5-0) of
the Preliminary and Final Plat based on the findings of fact and the submitted plans as amended
by the following ten conditions:
1. The road access locations to Hamline Avenue shall be subj ect to approval from the
Public Works Director.
2. Final grading and erosion control plans for each lot shall be subject to approval by the
City Engineer and the Rice Creek Watershed District prior to the issuance of building
permits or grading.
3. The lots shall not be graded or cleared prior to the issuance of building or grading
permits for a particular lot.
4. A tree survey and mitigation plans in accordance with any regulations regarding tree
preservation shall be submitted prior to the issuance of any building or grading
permits.
5. The utility plans for each lot shall be subject to approval by the City Engineer and
Public Works Director prior to the issuance of any building permits.
6. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, Ramsey County, the Metropolitan Council, the State of Minnesota
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Department of Natural Resources and any other governing agencies where applicable
before the final plat is executed.
7. The applicant shall pay a park dedication fee of$13,125. The park dedication fee
shall be paid in full prior to the execution of the Final Plat, or the property owner
shall enter into an agreement for a payment plan that is in accordance with Section
1130.08 Subd E of the City Code.
8. The applicant shall submit the required information and modify the applicable plans
to fully conform to the City Engineer's January 24, 2008, memorandum prior to the
City executing the Final Plat.
9. The developer's agreement shall be prepared by the City Attorney and approved by
the City Council and Developer prior to execution of the Final Plat.
10. The City shall approve the vacation of the existing easements on the property prior to
the execution of the Final Plat.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. Ifthe 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.
Deadline for A1!encv Actions
The City of Arden Hills received the completed plat application for this request on January 7,
2008. Pursuant to Minnesota State Statue 462.358 Subd 3C, the City shall approve or disapprove
the Preliminary and Final Plat within 120 days following delivery of an application completed in
compliance with the municipal ordinance by the applicant to the municipality, unless an
extension ofthe review period has been agreed to by the applicant. The City must make a final
decision on the application no later than May 7, 2008.
Attachments
A Draft Planning Commission Minutes
B Development Agreement
C February 6, 2008, Report to the Planning Commission-
http://www.ci.arden-hills.mn.us
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Attachment A
Draft Planning Commission
Meeting Minutes
From February 6, 2008
February 25,2008, City Council Meeting
WEDNESDAY, FEBRUARY 6, 2008
Draft Meeting Minutes
PLANNING CASE # 08-003 - PRELIMINARY PLAT OF CHRISTENSEN
ESTATES; RICHARD J. CHRISTENSEN
Ms. Beekman reported that the applicant submitted a preliminary and final plat to
subdivide one property into four conforming lots in the plat of Christensen
Estates. She then provided background information and said staff recommends
approval of the preliminary and final plat of Christensen Estates subj ect to the
following ten conditions:
1. The road access locations to Hamline Avenue shall be subject to approval
from the Public Works Director.
2. Final grading and erosion control plans for each lot shall be subject to
approval by the City Engineer and the Rice Creek Watershed District prior to
the issuance of building permits or grading.
3. The lots shall not be graded or cleared prior to the issuance of building or
grading permits for a particular lot.
4. A tree survey and mitigation plans in accordance with any regulations
regarding tree preservation shall be submitted prior t the issuance of any
building or grading permits.
5. The utility plans for each lot shall be subj ect to approval by the City Engineer
and Public Works Director prior to the issuance of any building permits.
6. The applicant shall obtain all necessary permits from the Rice Creek
Watershed District, Ramsey County, the Metropolitan Council, the State of
Minnesota Department of Natural Resources and any other governing
agencies where applicable before the final plat is executed.
7. The applicant shall pay a park dedication fee of$13,125. The park dedication
fee shall be paid in full prior to the execution of the Final Plat, or the property
owner shall enter into an agreement for a payment plan that is in accordance
with Section 1130.08 Subd. E of the City Code.
8. The applicant shall submit the required information and modify the applicable
plans to fully conform to the City Engineer's January 24,2008, memorandum
prior to the City executing the Final Plat.
9. The developer's agreement shall be prepared by the City Attorney and
approved by the City Council prior to the execution of the Final Plat.
10. The City shall approve the vacation of the existing easements on the property
prior to the execution of the Final Plat.
Chair Larson inquired about a trail on the right of way on the property. Mr.
Lehnhoff stated the trail would be on the 33-foot strip ofthe plat.
Chair Larson opened the floor to Commission questions.
Chair Larson stated the Planning Commission isn't very willing to approve a plat
in an area that is marginally buildable. He stated he would not want the builders
to come back and request a variance for an approved lot.
Ms. Beekman stated there have been two residents that have expressed concerns
about preserving the wetlands.
Commissioner Thompson stated that there shouldn't be any tree removal until a
building permit is issued. Chair Larson stated that it is a condition of approval.
Commissioner Zimmerman inquired about the pad size of Lot I. Ms. Beekman
stated the area is 4,105 square feet.
Chair Larson clarified that the area is outside of all easements and setbacks.
Chair Larson opened the public hearing at 6:51 p.m.
Chair Larson invited anyone for or against the application to come forward and
make comment.
Linda Swanson, 1124 Anderson Road, stated she understands that the project
meets the building codes. She inquired about the timing of the tree removal ifthe
builder doesn't find a developer. Chair Larson stated the builder wouldn't be able
to remove the trees until a building permit was issued.
Ms. Swanson inquired about the length of time a building permit is valid. Chair
Larson stated a building permit is valid for 180 days and explained the terms of it.
He stated it would be possible for a building permit to be issued, the property
graded, trees removed and then the property could sit without work while the
building permit expired.
Ms. Swanson inquired about potential damage to the road since it was recently
reconstructed. Chair Larson stated that the road will be damaged because utilities
will need to be placed underground. He stated the City requires a bond from the
developer to ensure that the developer repairs any damage to the road.
Mr. Lehnhoff stated the developers are required to sign a developer's agreement
which states that they need to repair the road up to the City's standards.
Ms. Swanson stated there has been a lot of discussion about a creek that is on the
property and inquired about who would own the creek and maintain it. Chair
Larson stated the creek will be protected by a fence during construction. He
stated he understands that the creek would be monitored by the Rice Creek
Watershed District.
Ms. Beekman stated the creek would be owned by the person who would own Lot
4.
Mr. Lehnhoff stated the maintenance of the creek would remain the City's and the
Rice Creek Watershed District's responsibility.
Ms. Swanson expressed concern about the location of the driveway on Lot 4.
Jonathon Farachi, architect, stated the site distance for the driveway on Lot 4 is
about 250 feet. He stated it is within MnlDOT's guidelines.
Chair Larson closed the public hearing at 7:01 p.m.
Commissioner Thompson moved, seconded by Commissioner Holewa, to
recommend approval of Planning Case #08-003, Preliminary plat of Christensen
Estates; Richard J. Christensen, subject to the ten conditions as listed in staff's
February 6, 2008 report.
The motion carried unanimously (5-0).
This Planning Case will be reviewed at the Monday, February 25, 2008, City
Council meeting.
Attachment B
Development Agreement
February 25, 2008, City Council Meeting
DEVELOPMENT AGREEMENT
CITY OF ARDEN HILLS
RICHARD J. CHRISTENSEN
PC NO. 08-003
1.0 Parties. This Agreement is dated the day of , 2008 and is
entered into by and between City of Arden Hills, a Minnesota statutory city,
(herein "City"); and Richard J. Christensen, his successors and assigns (herein
"Developer").
2.0 Recitals.
A. Developer is the record fee owner of the following described property
located in Ramsey County, Minnesota, which will be platted as
Christensen Estates:
That part of Tract "B" Registered Land Survey Number 30, which lies
Southeasterly of a line run parallel with and distant 75 feet Southeasterly
of the following described line, extended Northeasterly to the East line the
said Tract "B":
From a point on the South line of section 34, Township 30 North,
Range 23 West distant 1160.3 feet East of the Southeast corner
thereof, run Northeasterly at an angle of 49 degrees 22 minutes
with said South section line for 1588.7 feet; thence deflect to the left
at an angle of 22 degrees 00 minutes for 800 feet, to the point of
beginning of the line to be described; thence run Southwesterly on
the last above described course for 1,100 feet and there
terminating.
B. On the 25th day of February, 2008, the Arden Hills City Council reviewed
the Development Application for the Final Plat of Christensen Estates; the
Arden Hills Staff and Consulting Reports; and approved the Final Plat of
Christensen Estates 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
Christensen Estates and in compliance with the development regulations of the
City of Arden Hills, the parties agree as follows:
A. Compliance with Plans. Developer shall subdivide and configure the
property pursuant to the Plan prepared by Lake and Land Surveying, Inc.
dated the November 16, 2007 as contained in Arden Hills Planning Case
File No. 08-003.
B. The road access locations to Hamline Avenue from the platted lots shall
be subject to approval by the Arden Hills Public Works Director.
C. Final grading and erosion control plans for each platted lot shall be subject
to approval by the Arden Hills City Engineer and the Rice Creek
Watershed District prior to the issuance of building permits or grading.
D. The lots shall not be graded or cleared prior to the issuance of building or
grading permits for a particular lot.
E. A tree survey and mitigation plans in accordance with any regulations
regarding tree preservation shall be submitted prior to the issuance of any
building or grading permits.
F. The utility plans for each lot shall be subject to approval by the Arden Hills
City Engineer and Public Works Director prior to the issuance of any
building permits.
4.0 Execution of Plat. Prior to the City's execution of the plat for Christensen Estates
the Developer shall:
A. Obtain all necessary permits from Rice Creek Watershed District, Ramsey
County, the Metropolitan Council, the State of Minnesota Department of
Natural Resources and any other governing agencies where applicable.
B. Pay a park dedication fee of $13,125, or, otherwise satisfy this obligation
pursuant to the provision of Arden Hills Code Section 1130.08 Subd. E.
C. Submit the required information and modify the application plans to fully
conform with the Arden Hills City Engineer's January 24, 2008
Memorandum.
5.0 Vacation of Easements. The City shall approve the vacation that certain Water
Easement described in Document No. 541139, Ramsey County Records and that
certain Sewer Easement described in Document No. 489772, Ramsey County Records.
6.0 Default. The occurrence of any of the following shall be considered an event of
default in the terms and conditions of this Agreement.
A. Failure of Developer to comply with the terms and conditions contained in
this Agreement within thirty (30) days of receipt of the notice from the City.
B. Failure of Developer to comply with any applicable Ordinance or Statutes
with respect to the development of the property within thirty (30) days of
the receipt of the notice from the City.
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7.0 Remedies. Upon the occurrence of an event of default the City, in its sole
discretion, and in addition to any other remedy which may be available to it may refuse
to execute the final plat and/or issue building permits for the lots contained within the
plat.
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 25th day of February, 2008.
CITY OF ARDEN HILLS,
a Minnesota statutory city
By
Stan Harpstead
Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _ day of , 2008, before me, a notary public within and
for said county, personally appeared Stan 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
3
DEVELOPER:
Richard J. Christensen
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _ day of , 2008, before me, a notary public within and
for said county, personally appeared Richard J. Christensen, the owner of the above
described property.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
PETERSON, FRAM & BERGMAN, P.A. (JPF)
55 East Fifth St., #800
St. Paul, MN 55101
(651) 291-8955
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Attachment C
Report to the Planning Commission
From February 6, 2008.
Available online at:
hUD: Ilwww.cLarden-hilIs.mn.us
February 25, 2008, City Council Meeting