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Home My WebLink About9B - Deerfield 6th Addn. MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 1,2002 9B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT FOR DEERFIELD 6TH History: The purpose of this item is to consider an application for a combined preliminary plat and final plat for the property that is located on the south side ofFish Point Road, west of Deerfield Drive, at 17252, 17254, 17256 and 17258 Deerfield Drive. The proposed plat will add 5' of property to the existing townhouse lots, described as Lots 5-8, Block 1, Deerfield 2nd, which will allow the construction of a deck on the townhouse units. The property is zoned R-2 and is a part of the Deerfield PUD. The 5' wide strip ofland to be added to the townhouse lots is currently part of the common area for the townhouse development. The addition of this strip of land does not reduce the required common area below the minimum amount required. The proposed plat 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: This application is being processed as a combined preliminary plat and final plat under the provisions of Section 1002.400 of the Subdivision Ordinance. This section allows the City staffto combine the preliminary and final plat process when a proposed subdivision meets all of the following requirements: ~ The resulting subdivision contains no more than 5 lots. ~ The proposed subdivision is located in an area where streets and utilities are in place and capable of serving the subdivision. ~ The proposed subdivision does not require the dedication or construction of future streets, and will not interfere with the development of adjacent properties. 1:\02fi1es\02subdivisions\02final plats\deerfield 6\deer6 cc.doc Pa..ge I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (%2) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMP ACT: ALTERNATIVES: ~ The resulting parcels shall conform with all prOVISIons of the Zoning Ordinance. The combined preliminary and final plat 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 plat. The Planning Commission considered this combined preliminary and final plat at a public hearing on March 11, 2002. The Planning Commission found the plat to be consistent with the standards of the Zoning and Subdivision Ordinance. The Planning Commission recommended approval of the plat, subject to conditions. A draft copy of the Planning Commission minutes is attached to this report. The Issues: The proposed plat meets the standards of the Subdivision Ordinance and Zoning Ordinance. The only issue with this plat has been identified by the City Attorney as part of the review of the title work. These concerns are outlined in the attached letter, and must be addressed prior to approval of the plat. The developer noted a letter addressing the concerns of the City Attorney had been delivered to the City Attorney's office. The City Attorney is reviewing this letter and will provide staff with a response as soon as possible. Another issue to note is the existing drainage and utility easement across all of the common lot, including the 5' strip of land to be added to the existing townhouse lots. While this easement will not affect the plat, it must be noted that no structures, including decks, will be allowed to encroach onto this easement. The applicant and property owner must file a petition to vacate this easement before any building permits will be issued for the proposed decks. 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 of the combined preliminary and final plat known as Deerfield 6th. The title issues must be addressed before the City will sign the final plat documents. BudKet Impact: Approval of this final plat will eventually allow construction of deck additions to the existing townhouses. The City Council has three alternatives: ] :\02files\02subdivisions\02final plats\deerfield 6\deer6 cc.doc Page 2 RECOMMENDED MOTION: REVIEWED BY: 1. Adopt a resolution approving the combined preliminary and final plat for Deerfield 6th. 2. Deny the resolution approving the combined preliminary and final plat and development contract. 3. Defer this item and provide staff with specific direction. A motion and second to adopt a resolution approving the combined preliminary and final plat for Deerfield 6th and authorizing the Mayor and City Manager t sign the plat. Fr 1:\02fi1es\02subdivisions\02final plats\deerfield 6\deer6 cc.doc Page 3 RESOLUTION 02-~ ref RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "DEERFIELD 6TH" AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: Jf SECOND BY: J3. WHEREAS: The Prior Lake Planning Commission conducted a public hearing on March 11, 2002, to consider an application for the combined preliminary and final plat of Deerfield 6th; and WHEREAS: Notice of the public hearing on said combined preliminary and final plat 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 combined preliminary and final plat of Deerfield 6th for the record at the Planning Commission hearing; and WHEREAS: The Planning Commission and City Council have reviewed the combined preliminary and final plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said plat to be consistent with the provisions of said ordinances; and WHEREAS The Prior Lake City Council considered an application for a combined preliminary and final plat approval of Deerfield 6th on April 1, 2002; and WHEREAS: The City Council finds the combined preliminary and final plat of Deerfield 6th to be consistent with the 2020 Comprehensive Plan. WHEREAS: The City Council has approved the combined preliminary and final plat of "Deerfield 6th". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The combined preliminary and final plat of "Deerfield 6th" is approved subject to the conditions set forth in this resolution. 3. The combined preliminary and final plat of "Deerfield 6th" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney. 1:\02files\02subdivisions\02final plats\deerfield 6\resolution.doc Pjlge I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / tax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER b. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper. c. Four mylar sets of the final plat with all required signatures be submitted. d. The final plat 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 July 1, 2002, will render the final plat null and void. Passed and adopted this 1st day of April, 2002. YES NO Haugen Haugen Vacant Vacant Gundlach Gundlach Petersen Petersen Zieska Zieska Frank Boyles, City Manager I:\02files\02subdivisions\02final plats\deerfield 6\resolution.doc Page 2 Location I\I1ap / ~ Location of Deerfield 6th Addition ~ N A 200 o 200 400 Feet CERTlFlCA lE OF SURVEY for D.R. HORTON e\JI~ .> l~\'t~f'", ,., \ ~.,..)..,"'\ v'" \ \ f ~ \ \ co" ~ '-4?""'~ -......: C:j..~ .......... ,,-"9~tI -".. '0-/" " "'- -6 pD r1 l'lOs€P. ..o..,j"o u,.., \-- U l'-Vro'i1opcl~I' _ ~1~ ~ " ,- ) :l,''t ~ ~~ \ (' \ (2" " Y;Xl STIN" ~ wopGgiV '~ \ ~ L1N\ '" ~ \-g ::7'\1' ~C7 \: r '1- Ol i ~,., I ~~I "j ) / / / / / / \ \~ ~ ~im*-riO~-l I M32-2519-01 o CD CD -.. --h \ CU' - 0- o -.. -' .c.. CD (jJ 01 Top curb to Gar slob = ______ Top block = _____ Lowest bsmt fir = _____ Scale: 1" = 30' DESCRIPTION 17252 54 56 & 58 Deerfield Drive SE I hereby certify that this survey, plan. or report was prepared by me or under my direct supervision and that I om 0 duly Registered Land Surveyor under the Lows of the State of Minnesoto Lots 1, 2, 3 & 4, Block 1. DEERFIELD SIXTH Scot t County, Minnesota Plot bearings shown o Denotes iron monument (Ix~i~) ~opos~ C52...c::M ~~ Dote U -i,~ '2..002 Reg. No. 8140 2. f V S' .q;:I? ~OOL BRANDT ENGINEERING .,& SURVEYING,(" ~ LS u ~ l;',;~~1 14041 Burnhoven Drive, Suite 114 ;:1;'(' ~-m 6~ illiJ!j . 'I,' l~ Bur n s v 111 e, M N 55337 jU W'- (952) 435-1966 M32- 2519- 01 ~~@rni]W~:,~ I.~I FEB I mill !Ii IU~ el 31 January, 2002 RelDEERFIELD SIXTH Paramount Engineering is the company that prepared the preliminary plat and prepared the engineering drawings for the DEERFIELD project. The location of the proposed buildings in the townhouse part of the project included a 25' setback from the back of the curb that runs in fromt of the building. When the construction was completed and the building staked at this particular location it was found that the setback from the curb was less than 25' to one of the units so the building was moved back to accommodate the required setback. This caused the proposed deck at the rear of the buildings to project into the common area. This replat makes the lots 100 feet deep to more than accommodate the decks. (I am now platting 100 foot deep lots, as you could notice in the DEERFIELD FOURTH plat.) The open space that was calculated for the original subdivision of DEERFIELD included the decks that are now being added to these four units. This replatting will allow the decks to be added to the units and will leave the open space the same as provided for in the original approved DEERFIELD. Exhibit A attached hereto is Page 20 of the book prepared for the original PUD. The square footages included the decks for the Townhomes (Coach). Exhibit B is a page from the homeowner's association that shows that the part of the lot not covered by the building is a "Use and Enjoyment Easement" for the members of the homeowner's association and that area was part of the open space area calculation. Since all that is being done here is the lot area being expanded to allow the addition of the decks, no change is occurring to the open space calculation. There will be no modification to the approved landscaping plan because the decks were assumed to be part of the buildings when the original landscaping plan was prepared. Enclosed is a copy of the "Landscape detail- typical 4 unit" that was included with the original PUD plans for DEERFIELD. Since the decks were included with this typical layout nothing is changed with regards to the landscaping. The fee owners and the mortgage companies that now exist on three of the lots will sign a "consent to plat" form at the time the plat mylars will come to the City for signatures. The only result of this plat is to allow the units to add the standard-sized decks (12 foot by 12 foot) that D.R. Horton includes or adds to these style of units. Nothing is added to traffic or congestion of population. The attached certificate of survey shows the delineated wetland boundary which is elevation 946. The 100-yr high water level is 943.2 and this approximate contour is also shown. " ~~~r 02/2d/2002 Tt~ 16:47 FAX 6125732987 HALLELAND LEWIS ~ 002/003 o halle/and lewis nilan sipkins & johnson'A A\ l"rn~'Y5 at Lllw I ~A. 600 Pol....oury c: unll' South llo SouTh 5lxtl'l SII'Wt MinneapoliS. MN 5S402-Q~D' Office: 612.331.1838 FIX; 612.3~.7!~8 www.halleland.com c.l..st1I tleMars. Esq. tlinct Dial: li1U04.41A2 EmaiJ: cdemanlllhalleland.com February 26, 2002 VIA Facsimile & U.S. Mail Ms. Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creel:: Avenue Southeast Prior Lake, Minnesota 55372 Re: Deerfield Sixth Edition '- Proposed Plat Our File No. 20245-"0001 Dear Ms. Kansier: Suesan Pace asked me to review the Title Reports for Lots 5 through 8, inclusive, Block 1 Deerfield Second Common Interest Community No. 1080 (the U Property") and to respond to your request distributed February 12. 2002. I have reviewed the Reports of Title from Scott County Abstract and Title. Inc. dated January 16, 2002 and a copy of the preliminary plat of Deerfield Sixth (the II Plat.). It is our understanding that the Plat has been drawn to reflect an expansion of the Property by 5 feet which is a part of adjacent Lot 45, Block 1, Deerfield Second (" Adjacent Land") which .comprises common interest elements. Based on my review of the Reports of Title and the Plat, I have the following comments: a. The Plat does not properly reflect ownership of each of Lots 5 through 8, inclusive, Block 1. Based on the Title Reports, Lots 5, 6 and 8 are owned by individuals and! or trustees other than D.R. Horton. Inc. - Minnesota, and Lot 7 is owned by D.R. Horton. Inc. - Minnesota. The ownership information needs to be properly reflected in the Plat. b. It appears that the Plat fails to set forth the correct ownership of the Adjacent Land. Based on the information provided, it appears that the Adjacent Land is Common Interest Community property owned by the Association. Because of the expansion of the Property by way of reduction of the Adjacent Land, this ownership needs to be reflected on the Plat. c. The legal description in the Plat fails to properly describe the 5 foot strip of property that comprises the expansion. This legal description needs to be set forth with more specificity . .. 02/21/2002 TOE 16:48 F.~ 6125732987 HALLELAND LEWIS ~ 003/003 Ms. Jane Kansier February 26, 2002 Page 2 d. Because the proposed revision to the Plat involves an expansion of a Common Interest Community. we need a copy of the Declaration of Covenants, Conditions and Restrictions to (i) ensure that the proposed expansion is permissible and consistent WITh the Dedaration; (ii) determine whether a resolution is required by the Association members for the expansion. (and if so, we need to review such resolution); and (iii) determine whether the Declaration requires amendment in connection with the proposed revision to Plat. e. The Plat fails to set forth the specification required under Minnesota Statutes Section 515.82-110 and fails to include a certification by a registered professional land surveyor and/or registered professional architect that the Plat accurately depicts all information required by Minnesota Statutes Section 515.82-110. The Plat represents an expansion of the Common Interest Community under applicable law and, therefore, even though the change is small, must be completed as an expansion of the Common Interest Community. f. The dedication of the Plat fails to include all owners. It is acceptable that mortgagees consent by way of a separate written consent. however, the owners' signatures (including signatures of spouses, if any), including owner5 of Lots 5 through, inclusive, 8 and lot 45 should appear in the dedication of the Plat. Please send to my attention at your earliest convenience, (i) the revised plat corrected to cure the deficiencies set forth herein; (ii) the Plat for Deerfield Second Edition; (Hi) a copy of the Declaration with all amendments thereto; and (iv) a copy of the corresponding resolution, if any, to approve the expansion. Please call me (6121204-4142) or Ronald Peterson, questions or comments. Very truly yours, /. /1 0 ' / f:1J\i'-- c'erestcPeMars. Esq. Enclosures cc: Suesan Lea Pace. Esq. Ronald P. Peter5on. Esq. CJD/lmb DN: 141497 Planning comeLAt;JNING COMMISSION MINUTES March J J, 2002 . Kansier said once something is destroyed, it automatically kicks in the requirement. The City would not allow duplication without going through the process. Ringstad and Atwood: . Supported the Conditional Use Permit with staff's conditions. MOTION BY CRIEGO, SECOND BY ATWOOD, TO RECOMMEND THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT SUBJECT TO STAFF'S CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This will go before the City Council on April 1, 2002. F. Case file #02-03 D.R. Horton is requesting a combined preliminary plat and final plat to be known as Deerfield 6th Addition. The proposed plat will add 10 feet of property to the existing Lots 5-8, Block 1, Deerfield 2nd Addition. Planning Coordinator Jane Kansier presented the Planning Report dated March 11, 2002, on file in the office of the Planning Department. D. R. Horton, Inc., is requesting a combined preliminary plat and final plat for the property is located on the south side ofFish Point Road, west of Deerfield Drive, at 17252, 17254, 17256 and 17258 Deerfield Drive. The proposed plat will add 10' of property to the existing townhouse lots, described as Lots 5-8, Block 1, Deerfield 2nd, which will allow the construction of a deck on the townhouse units. This application is being processed as a combined preliminary plat and final plat under the provisions of Section 1002.400 of the Subdivision Ordinance. This section allows the City staff to combine the preliminary and final plat process when a proposed subdivision meets all of the requirements. The proposed plat meets the standards of the Subdivision Ordinance and Zoning Ordinance. The only issue with this plat has been identified by the City Attorney as part of the review of the title work. The Planning staff recommends approval of this plat subject to the following condition: The 6 issues identified by the City Attorney in the letter dated February 26,2002, must be addressed to the satisfaction of the City Attorney before the City will sign the final plat documents. Comments from the public: Mike Suel, D.R. Horton Homes, just wanted to clarify the request was for a 5-foot extension. Horton would like to fulfill their obligations to their buyers by allowing them to construct decks. Suel explained the miscalculation. L:\02FILES\02planning comm\02pcminutes\MN03 I I02.doc 14 Planning Commission Meeting March 11. 2002 Criego: · Questioned who owned the property Horton was acquiring. Suel responded it was an outlot owned by the homeowner association. At the present time, the association is under the control ofD.R. Horton. He also mentioned their attorney is looking at the proposal. Comments from the Commissioners: Criego: · Questioned staff on meeting the setbacks to the wetlands. Kansier responded they were met. · Agreed with staffs recommendation. Lemke: · Agreed. Questioned staff if the property coming out of the common space reduced any requirement. Kansier said it did not. · No problem with the request. Ringstad, Atwood and Stamson: · No problem supporting the request. MOTION BY CRIEGO, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF DEERFIELD 6H ADDITION WITH THE CONDITION OUTLINED IN STAFF'S REPORT. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go before the City Council on April 1, 2002. 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: 9. Adjournment: The meeting adjourned at 9:20 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary L:\02FILES\02planning comm\02pcminutes\MN03 I I02.doc 15