Loading...
HomeMy WebLinkAbout5F - RLS for Inguadona Beach CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: NOVEMBER 3, 2003 SF JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A REGISTERED LAND SURVEY FOR LOTS 17,20 AND PART OF 21, INGUADONA BEACH DISCUSSION: History: The purpose of this item is to consider an application for a Registered Land Survey (RLS) of the lots originally platted as Lots 17, 20 and part of 21, Inguadona Beach. The RLS formalizes an administrative lot combination of these lots. This property is located at 16502 Inguadona Beach. This property is located north, south and west of Inguadona Beach Circle. It is zoned R-1 SD. There is an existing single family dwelling located on the site. The applicant is in the process of removing the existing structure and rebuilding a new home. In order to do so, the applicants were required to combine all of their lots into a single parcel. As a part of this process, the applicants also negotiated a land swap with the homeowners association. This swap enabled the Perrier's to acquire a portion of the private drive on the east side of their property in exchange for a piece of Lot 20, which is the physical location of Inguadona Beach Circle. The City staff approved an administrative lot combination for this site; however, Scott County determined a Registered Land Survey was required. The purpose of an RLS is generally to simplify the description and recording for Torrens Land. The County is responsible for determining whether an RLS is required, under the provisions of Minnesota Statutes 9508.47. The proposed RLS includes 3 tracts. Tracts A and B are owned by the Perrier's. Tract C is the physical location of the private street, and will be deeded to the homeowners' association. There are also existing utilities located within Tract C and across the south end of Tract A. Easements will be necessary in order to maintain these utilities. Since easements cannot be shown on an RLS, the applicant must dedicate the easements with a separate document. 1:\03 files\03 subdivisions\03 final plat\perrier rls\oerrier r1~ ~c.doc 1 k WWW.clLyotpnorae.com Page I Phone 952.447.4230 / Fax 952.447.4245 III .. 11'111" FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The proposed RLS does not include any new streets or public utilities. In addition, there is no additional parkland dedication required, nor is the subdivision subject to any additional fees. Current Circumstances: A registered land survey is processed in the same manner as a combined preliminary and final plat. This process requires a public hearing before the Planning Commission and approval by the City Council. The difference is that the Planning Commission and the City Council are simultaneously reviewing both the preliminary and final pat. The Planning Commission considered this RLS at a public hearing on October 13, 2003. The Planning Commission found the RLS to be consistent with the standards of the Zoning and Subdivision Ordinance. The Planning Commission recommended approval of the RLS subject to the following conditions: 1. Drainage and utility easements must be provided for Tract C and the south portion of Tract A. The easements must be recorded with the RLS. 2. Tract C must be deeded to the homeowners' association. The Issues: The proposed RLS meets the standards of the Subdivision Ordinance and Zoning Ordinance. Because there are no public improvements or development fees associated with this plat, no development contract is required. Conclusion: The staff and the Planning Commission recommend approval ofthe RLS subject to the listed conditions. Bud~et Impact: There is no budget impact as a result of this action. The townhouse units have already been built. No additional units are proposed. The City Council has three alternatives: 1. Adopt a resolution approving the Registered Land Survey. 2. Deny the resolution approving the Registered Land Survey. 3. Defer this item and provide staffwith specific direction. A motion and second to adopt a resolution approving the RLS subject to the listed condit' s and authorizing the Mayor and City Manager to sign the RLS oc ents. 1:\03 files\03 subdivisions\03 final plat\perrier rls\perrier rls cc.doc Page 2 II . If . 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE REGISTERED LAND SURVEY FOR LOTS 17,20 AND PART OF 21, INGUADONA BEACH MOTION BY: SECOND BY: WHEREAS: The Prior Lake Planning Commission conducted a public hearing on October 13, 2003, to consider an application for the Registered Land Survey (RLS) for Lots 17,20 and part of 21 ,Inguadona Beach, legally described as follows Le2al Description Lots 17 and 20 and that part of 21, lying East of a line drawn from a point on the South line of said Lot 21, 29.56 feet West of the Southeast comer thereof to a point on the North line of said Lot 21,40.4 feet West of the Northeast comer thereof, All in Inguadona Beach on Prior Lake, according to the plat thereof on file and of record in the Office of the Register Deeds, Scott County, Minnesota, together with that part of the 20.00 foot driveway as shown on said plat ofInguadona Beach, adjacent to said Lot 17, of said plat described as follows: Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26 minutes 27 seconds East, assumed bearing, along the southerly extension of the west line of said Lot 17, a distance of5.37 feet; thence South 57 degrees 51 minutes 36 seconds East a distance of 37.70 feet; thence South 89 degrees 18 minutes 13 seconds East a distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East a distance of 112.51 feet to the intersection with the easterly extension of the northerly line of said Lot 17; thence North 75 degrees 14 minutes 06 seconds West a distance of 10.31 feet to the northeast comer of said Lot 17; thence southerly and westerly along the easterly and southerly lines of said Lot 17, to the point of beginning. and WHEREAS: Notice of the public hearing on said RLS has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: All persons interested in this issue were afforded the opportunity to present their views and objections related to the RLS for the record at the Planning Commission hearing; and WHEREAS: The Planning Commission and City Council have reviewed the RLS according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said RLS to be consistent with the provisions of said ordinances; and 1:103 filesl03 subdivisionsl03 final platlperrier rlslresolution.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 II, .. If 11" WHEREAS The Prior Lake City Council considered an application for approval of the RLS on November 3, 2003; and WHEREAS: The City Council has approved the RLS for Lots 17, 20 and part of 21, Inguadona Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: I. The recitals set forth above are incorporated herein as if fully set forth. 2. The RLS for the above described property is approved subject to the following conditions: a. Drainage and utility easements must be provided for Tract C and the south portion of Tract A. The easements must be recorded with the RLS. b. Tract C must be deeded to the homeowners' association. c. The RLS and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by February 3, 2004, will render the RLS null and void. Passed and adopted this 3rd day of November, 2003. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:103 filesl03 subdivisionsl03 final platlperrier rlslresolution.doc Page 2 II 11 Ii . \, \~ r Location Map Perrier Registered Land Survey Prior Lake Location of PerrierRLS r\--~\T~ f, , I...), rl~ . ~1 V I n'Y ' ":'V i ---___1J:ii / '---------...~ , 0 /1---------------- iZ)/ --'S"' ' t--------_ ::::5 . i 0--,--,- /---------____:2 i! . \ \ }. . -,---1/ \ \ /~T\\\-\ -~\ \\\ \ \\ '\\ I ' \ \ \ \ D .rJ i \\\ . \, II. \ \~\ \././\ .... I '1IWfl\'s ~,-,\ i I \ \ I ~rs-'1~ \\\ \ I Ie." \ ". --... .!! GR \ \ \. \\\. \ I Ii \ ' I \ c/ ~ ill I 'I \ '.\o'f"'s'1::::=~r , ~ I I I ~\..\' . i I , I I r \ I, I \ ~ !~:~~~ rTf \ \\ i \ ", ... ~ Ii .~. \i~ \ \. \. \..'!, \ .J,/ j:D il ' \~ '. " II : . :c ~' , i.' .' ~ ,l~. ':,' I . ,_'. i_,', . , 11,>-/ I~-:- r/C o i!//--'1m--ill \ p r'~///l~//~/-\,'\, I, ~--j1,'1< \ "",\ ~---J: / ~~/ '\"'PEBS,t\\NG s:L .., ~~ . '--'--'--, , I I r, , . I I I / ~EirN~~ r*~~//'/ ~--__...J 10 '-.J ...J i - -----~ s --.---- ---- - 200 I N -+ .. o 200 400 Feet II r . III REGISTERED LAND SCOTT SURVEY COUNTY. NUMBER MINNESOTA " I hereby certify that in accordonce with the provisions of Chapter 508. Minnesota Statute. of 1949 a. amended. I have surveyed the following described tracts of land in the County of Scott. State of Minnesota to wit: Lots 17 and 20, and that part of Lot 21. I~ng East of a line drawn from a point on the South line of soid Lot 21, 29.58 feet West of the Southeast comer thereaf to a point on the North line of said lot 21, 40.4 feet West of the Northeast comer thereof, AU. IN Inguadona Beach on Prior lake, according to the plat thereof on file and of record in the Office of the Register of Deeds. Scott County. Minnesota. Together with that part of the 20.00 foot driveway a. shown on the plot of -INGUAOONA BEACH-, Scott County, Minnesota. adjacent to Lot 17, of said plat described a. follow.: Be<Jlnning at the southwest corner of lot 17. of soid plat; thence South 01 degree 26 minutes 27 second. Ea.t. a.sumed bearing. along the southerly extension of the west line of said lot 17, a distance of 5.37 feet; thence South 57 degrees 51 minutes Je second. East a distance of 37.70 feet: thence South 89 degree. 18 minut.. 13 .econd. East 0 di.tonce of 22.33 feet: thence North 00 degree. 41 minut.. 47 second. Ea.t 0 di.tonce of 112.51 feet to the intersection with the ea.terly exten.ion of the northerly line of said lot 17; thence North 75 degr... 14 minutes 06 second. We.t 0 dl.tonce of 10.31 fHt to the northea.t comer of said Lot 17; thence southerly and westerly along the ea.terly and southerly line. of said lot 17, to the point of beginning. That this surve~ shown hereon is a correct delineation of said survey. Doted this S tl P t-~ ... c.~.. . 2003. e~d~ Ronald A. Swan.on, Land Surveyor Minnesota Ucense Number 10183 ~ Nt.d day of Thi. R89i.tered land Survey wa. approved and accepted by the City Council of the City of Prior lake, Minnesota, at a r89ulcr meeting thereof held this day of . 2003. By. it. Mayor By. it. an SCOTT COUNTY AUDITOR / TREASURER: I hereby certify that the current ond delinquent on the land. described within ore paid and the tran.fer i. entered thl. day of . 2003. Signed by. REQSTRAR OF nllES: dpty. I hereby certify that th~ In.trument wa. fI,ed in the office of the R89i.tror of TItI.. for record on th~ day of 2003 at _ o'dack. _ .M., and clufy recorded ~ Document Number By: SCOTT COUNTY SURVEYOR: ___ dpty. Pursuant ta Chopter 7, Minnesota Lows of 1976, this Re<Jistered land Survey has been approved this day of -' 2003. By. . - SEll 0 ;,-" i I VALLEY SURVEYING CO., P.A. . 11 I ~ C'ur:r:f-f 1 1"\1:" " II REGISTERED LAND SCOTT II , , I ~, , " ., if , ..,. GRAPHIC SCAlE SURVEY COUNTY, NUMBER MINNESOTA Ir'F , " r-'N....". . I .... It."''' 1/". I ....t..,"O' lot , 7 /'/75"7-"06-:''''''''''' $cleo 6 .J7 ~ NOrtI, Of eo., COr?! " lot '7_ ~../'" r' , \ , I ~ ;- /', ' .... : il ~ 1 t ~I C; I N ," , ' I' V \7 " r' I""" V " t vir-' ... ,... i N 5Co i ~ .... ~ 0 inN 1 ~ 51 ., -, , / , ') I I I .....1 . I ,...... .. oC :;:..... OIL o Z ., ,.... , .....' "':: , v ~ ~ 01 3 II') ,...: '0 0 . .... :i " ~ ....'" 11')... NIL .... .... ., >'7 , ...... ,., L I I 1 ~ Ie E3 >- oC . ... I> , - , '" ., , 1 ,. , \ , \ \ ,-- 21.51 r -s.,...... ~ of Lot 21 --- as.'" 119.51 . N89"J724-W '- -s.,lIIerty ... of t..bo 20 ... 21 '::" vV ,....--- SEP I 0 LULl . DENOTES IRON MONUMENT FOUND o DENOTES 1/2"x14" IRON MONUMENT SET AND MARkED WITH UCENSE NUMBER 10183 ~ (..rar) Ii. d UL.., i I I VALLEY SURVEYING -CO.;' P .A. - For the purpo...;of thl. MWWY the weet line of Lot 17 i. O'lIUmed to bear South 01 deqree. 26 minut.. 27 seconde Eoet. Ii "--,.. .i~.'~;" . :IA/.'l~-;ttr.,,: ''&. .. ....~:'Ir. ...... ..... ~;:!.....;(?~.~~.. ;' '..:-.:~~.: - :-.::"'0-. .' , ... ~ .;;." :',:/ ( I have reviewed the attached proposed request (Perrier RLS) for the following: ~ Water City Code Grading )C Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: -X- Conditional Approval . Approval Denial Comments: dt ~ ~e.- CI'~ \Ntt-k-V"W1dih if' 1V18Vc.'t.dov-<l BtL'tL~ . rc.\e... ~Gv~h4!.'S. 01-"\ ~(OL. ~~~ T~ A. tt ~ ~~-~~~r~ i\., ~"t"... -~{., C~'rt:-' V'.C.V" hAS . '~.d (r' a.v-d C. i F2t9 fY'!t!YI~ Will bG.- r;gu/r~4 ~ C=HJ 4(1dSS -/b '-fhe';L tJ-h1/'h"es. ~~~~r I Signed: ~1llL~ Date: If)' J. 0 :; Please return any comments by Thursday, October 2,2003, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.com . . . - -- 1:\03 flles\03 subdivisions\03 final plat\perrier r1s\referral.doc Page 2 II I I r I . . CenlerPoint Energy Minnegasco 700 West Linden Avenue PO Box 1165 Minneapolis. MN 55440-1165 September 24, 2003 Jane Kansier ORC Coordinator City of Prior Lake 1 6200 Eagle Creek Avenue SE Prior Lake, MN. 55372 RE: Proposed Plat of Registered Land Survey No. 1 6502 Inguadona Beach Circle Dear Ms. Kansier: With reference to the proposed R.L.S. plat, CenterPoint Energy Minnegasco does have an existing gas main in the north half of Inguadona Beach Circle. After review of this plat I see no reference to retention of right of way in Tract A. The legal description references "together with that part of the 20.00 foot driveway as shown on the plat of Inguadona Beach, Scott County, Minnesota, adjacent to Lot 17...." To date I have not received a vacation proposal. If one is forthcoming, please reserve an easement to CenterPoint Energy Minnegasco, created by and within the document establishing the street vacation and filed with the Scott County Recorders office, over the following area of the proposed street vacation: That part of Inguadona Beach Circle to be vacated which lies southerly of a line described as beginning at the Southwest corner of Lot 17, according to the plat of Inguadona Beach; thence South 730 42' 47" East, assumed bearing, along the Southerly line of said Lot 1 7 and its easterly extension to the intersection with the centerline of the north-south 20.00 foot driveway, and said line there terminating. OR Create a utility easement on the new R.l.S. plat as described above. Please send me a copy of the final action on this proposed vacation. Respectfully, CENTERPOINT ENERGY MINNEGASCO ~kj?'Y--- Steven Yon Bargen Ri~ht-of-Way Administrator SE.O 2 6 2G03 J L-- ------.-- - - ---- - pc: R. J. Pilon, CenterPoint Energy Minnegasco Pat Hanson, CenterPoint Energy Minnegasco - - 11 · I. PLANNING COMMISSION MINUTES MONDAY, OCTOBER 13, 2003 1. Call to Order: Chairman Stamson called the October 13,2003, Planning Commission meeting to order at 6:30 p.m. hose present were Commissioners Atwood, Lemke, Ringstad and Stamson, Community D elopment Director Don Rye, Planning Coordinator Jane Kansier, Planner Cynthia Kirchof , ssistant City Engineer Larry Poppler and Reco~g Secretary Connie ~arlson~OIl Call: '\'" ,""""" '\ At~ood Present ~=~d /::::: Stan:'ii,on Present ~. ,.~ , "\ 3. Approval of Minutes: 4. '\ , " The Minutes from the Sep!~pl15er 8, 2003, ~ing Commission meeting were approved as presented. ~,' '\ /:..' ''\ ~;:~')/ '";:' , \.. Consent:",! None f \ ,.ti'''' '\ / , 5. 7fiC Hearings: '\ Commissioner Stamson read the Public Hearing Statement and opened the meeting. * A. #03-109 Dennis and Karen Perrier are requesting a RLS plat combining 3 lots to create a single parcel for the property located at 16502 Inguadona Beach Circle. Planning Coordinator Jane Kansier presented the Planning Report dated October 13, 2003, on file in the office of the City Planning Department. Dennis and Karen Perrier are in the process of removing the existing home and rebuilding a new home on the property located at 16502 Inguadona Beach Circle. In order to do so, the applicants were required to combine all of their lots into a single parcel. As a part of this process, the applicants also negotiated a land swap with the homeowners association. This swap enabled the Perrier's to acquire a portion of the private drive on the east side of their property in exchange for a piece of Lot 20, which is the physical location of Inguadona Beach Circle. The City staff approved an administrative lot combination for this site; however, Scott County determined a Registered Land Survey was required. The purpose of an RLS is generally to simplify the description and recording for Torrens L:\03 Files\03 Planning Comm\03pcMinutes\MNI01303.doc 1 II .. I II Planning Commission Minutes October 13, 2003 Land. The County is responsible for determining whether an RLS is required, under the provisions of Minnesota Statutes 9508.47. The proposed RLS generally meets the standards of the Subdivision Ordinance and Zoning Ordinance. The Planning staff recommended approval of the RLS subject to the following conditions: 1. Drainage and utility easements must be provided for Tract C and the south portion of Tract A. The easements must be recorded with the RLS. 2. Tract C must be deeded to the homeowners' association. Comments from the Public: Applicant Dennis Perrier was present for questions. There were no other public comments and the hearing was closed. Comments from the Commissioners: Atwood, Ringstad, Lemke and Stamson: Agreed with staffs assessment. MOTION BY RINGSTAD, SECOND BY ATWOOD, RECOMMENDING APPROVAL OF THE REGISTERED LAND SURVEY, SUBJECT TO STAFF'S CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on November 3, 2003. B. #03-10~d 03-103 Wensmann Realty has applied for a Preliminary Planned Unit Devel~p~ and a Preliminary Plat to subd~~e 18.6 acres into 133 lots for one single family ~lling and 133 attached to~~liomes and two outlots. This property is located w~'h!()! Wilds Drive and.s,outh of Wilds Path. , '., Planning Coordinator Jane K~Sie.r presented the Planning Report dated October 13, ~... .,. 2003, on file in the office of the CifY,~Ianning Department. ,: iJ" -"i. ~'" ,.~, Wensmann Realty has applied folapprovat'o.f a development to be known as Wensmann 4th Addition on the propertyldtated west ofWtlds Drive, south of Wilds Path and east of CSAH 83. The applicati9M' 'includes the following'l:equests: ~~' "', .~~ ,.~ . Approve a rezoptiig from the R-1 (Low Density Resid~tial) District to the R-4 (High Density Resi~ntial) District; Pl.~... . Approve ~pfanned Unit Development Preliminary Plan; t-..,."" . ApprQ;,la Preliminary Plat.' L:\03 Files\03 Planning Comm\03pcMinutes\MNI01303.doc 2 11 T F II