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HomeMy WebLinkAbout5G - Res. Waiving Platting Req.CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: THE ISSUES: MARCH 21, 2005 5G JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED IN SECTION 5, SPRING LAKE TOWNSHIP History: Arcon Development is in the process of purchasing 7.5 acres from Steve and Mary Berens. The total Berens parcel is approximately 35 acres in area. This property is located west of CSAH 17, north of 165th Street, and directly east of the Stemmer Ridge development. The property is bifurcated by Howard Lake. The 7.5 acres Arcon Development is purchasing is located on the east side of the lake, while the remainder, including the Berens homestead, is west of the lake. Current Circumstances: This entire parcel was recently annexed into the City, and is zoned R-lSD (Low Density Residential Shoreland District). The minimum lot area for unsewered parcels in this district is 10 acres; however, Arcon Development has submitted a preliminary plat for the development of the 7.5 acre parcel. This plat will be built in conjunction with the Stemmer Ridge property. The remaining 27.5 acres meets the minimum lot area requirements. The subdivision of unplatted land (lands described by metes and bounds) is regulated by Sections 1006.104 through 1006.106 of the City Subdivision Ordinance. These sections state the following: 1006.104 Conveyance By Metes And Bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision, as defined by the Subdivision Ordinance. Building permits will be withheld for buildings or tracts that have been subdivided and conveyed by this method without City approval and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 1006.105 ExcePtions. The provisions of Section 1006.104 do not apply where all the resulting parcels, tracts, lots, or interests will be twenty (20) 1:\05 files\05 admin plats\berens - arcon\cc report.doc www. cityofpriorlake, com Page 1 Phone 952.447.4230 / Fax 952.447.4245 CONCLUSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: acres or larger in size and five hundred feet (500') in width for residential uses and least five (5) acres or larger in size for commercial and industrial uses. 1006.106 council Resolution Waiving Requirements. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere with the purpose of this Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. The applicant is requesting a waiver of platting requirements to subdivide a 7.5 acre parcel from the total 35 acre parcel. The 7.5 acre parcel will be platted in the near future. Any additional development on the remaining site will require further subdivision approval. Normally, the City would collect the applicable development fees with the subdivision. Again, due to the imminent platting of this parcel, staff feels it is reasonable to defer the fees until the property is developed. Upon development of the property, the City will prepare a Development Contract and collect the appropriate development fees. Therefore, waiving the platting requirements at this time will not interfere with the purpose of the Subdivision Ordinance. The staff recommends the City Council waive the platting requirements and allow the property owner to subdivide the 35 acre parcel into two tracts so the 7.5 acre parcel can be conveyed to Arcon Development, with the condition that development fees shall be paid upon development of the property. Bud.qet Impact: There is no budget impact as a result of this proposal. The City Council has three alternatives: 1. Adopt a resolution waiving the platting requirements and allowing the property owner to subdivide the property and to convey the 7.5 acre parcel to Arcon Development. 2. Deny the resolution and require the property be platted. 3. Defer this item and provide staff with specific direction. A motion and second to adopt a resolution waiving the platting requirement and allowing the property ~)Nvner to subdivide the 35 acre parcel and convey 7.5 acres to Arcon Devel~ ~ment with the condition that development fees pment of the property. sha~e pai~ up, o~:l~ve.l~ 1:\05 files\05 admin plats\berens - arcon\cc report.doc Page 2 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE CONVEYANCE OF PROPERTY IN SECTION 5, SPRING LAKE TOWNSHIP MOTION BY: SECOND BY: WHEREAS: Steve and Mary Berens are the owners of property located in Section 5, Spring Lake Township; and WHEREAS: The property owners and the applicant, Arcon Development, have asked the City Council to waive the platting requirements for this property to allow the creation of new parcels, one of which will be conveyed to the applicant; and WHEREAS: The 7.5 acres to be conveyed to Arcon Development will be platted in the near future, and the appropriate development fees will be collected with the development contract; and WHEREAS Any future development or subdivision of the remaining property will require platting; and WHEREAS: The City Council has found that waiving the platting requirements for this conveyance will not interfere with the purpose of the Subdivision Ordinance; and WHEREAS: The City Council has approved the conveyance of this property by metes and bounds. 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 platting requirements are hereby waived. 3. The property owners may convey the property as shown on the survey attached as Exhibit A. 4. The metes and bounds subdivision is subject to the following conditions: a) Development fees shall be paid at the rates in effect upon development of the property. Passed and adopted this 21st day of March, 2005. YES NO Haugen Haugen Fleming Fleming LeUair LeUair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:\05 files\05 admin plats\berens - arconXresolution.doc www. cityofpriorlake, com Page 1 Phone 952.447.4230 / Fax 952.447.4245 LOCATION MAP FOR BERENS PROPERTY +-