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Home My WebLink About4J - Carriage Hills 4th Addn. STAFF AGENDA REPORT DATE: 4J JOHN WINGARD, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION AUTHORIZING A MINOR AMENDMENT TO PRELIMINARY PLAT OF CARRIAGE HILLS ADDITION SEPTEMBER 18, 1995 95-99 THE 4TH AGENDA #: PREP ARED BY: SUBJECT: INTRODUCTION: The purpose of this item is to consider a minor amendnlent to condition #5, attached to the approval of the final plat of Carriage Hills 4th Addition. BACKGROUND: On August 21, 1995 the City Council approved a request by Warren Isrealson of Progress Land Company to allow the final platting of Carriage Hills 4th Addition. The approval was contingent upon six conditions. The developer has requested that condition # 5 be deleted as shown on the attached letter from Progress Land Company. Resolution 95-81 which approved the final plat of Carriage Hills 4th Addition lists condition # 5 as the following: "5. The developer provide fmancial security, acceptable to the City Engineer, to provide for the future upgrade of Landau Lane to the plat boundary." DISCUSSION: Attached is a copy of a map showing the location of Landau Lane and Manitou Road. Progress Land will retain Outlot B which will contain three future lots. The future lots are adjacent to a park and will be very desirable lots. The developer has attempted to purchase the southwest comer of the Vierling property to allow for the extension of Landau Lane down to Manitou Road, but the purchase attempts have been unsuccessful to date. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E;Y!PLOYER Staff has reviewed the extension of Landau Lane with the developer. The street extension will occur when the Vierling's are ready to develop. If the City feels that the street connection needs to occur to provide for a looping street system before the Vierlings are ready to develop, then a City project could be initiated. The City project would negotiate to acquire the necessary right-of-way for the street extension and then assess the benefiting property owners for the street extension. Subdivision Ordinance 6-7-13 provides in cases where improvements installed within the subdivision will be of benefit to lands beyond the boundaries of the subdivision, the subdivider will be required only to pay for such portions of the entire cost of said improvements which represent the benefit to the property within the subdivision. This section of the Subdivision Ordinance pertains to the extension of Landau Lane because it will serve the Vierling parcel to the east of Carriage Hills. Staff discussed with the developer the procedures for providing a financial security for the future street extension of Landau Lane. It would be difficult to determine a dollar amount for the financial security because it is difficult to determine when the street would be constructed. The incentive is there for the developer to extend the street because of the value of the three future lots. But the lots have minimal value because they cannot be built on or platted until the street is extended. ISSUES: The concern is will Landau Lane be connected with Manitou Road in the future? The developer cannot provide infrastructure to the Outlot (3 future lots) until the development of the Vierling parcel occurs. The sanitary sewer must come from the Manitou Road area. The three lots are valuable lots as they back up to the park. The developer of the Vierling parcel will be required to extend infrastructure to connect with Landau Lane. The City Attorney will be preparing a covenant to be signed by the developer and filed at the county. The covenant will not allow the transfer title of the Outlot until improvements to Landau Lane are made and accepted by the City. The developer will be required to reimburse the City for the cost of preparing and filing the covenant. Approval of Resolution 95-99 will allow for the amendment to the final plat of Carriage Hills 4th Addition by deleting condition #5 approved by the City Council on August 21, 1995. Approval of Resolution 95-99 is subject to the developer signing the covenants which will be prepared by the City Attorney. ALTERNATIVES: The alternatives are as follows: 1. Approve Resolution 95-99 providing for a minor amendment to the final plat of Carriage Hills 4th Addition. 2. Table or continue the item to a date certain. 3. Take the item off of the Consent Agenda and modify Resolution 95-99 as per Council discussion. RECOMMENDATION: Alternative #1. ACTION REQUIRED: Make a motion and a second as part of the Consent Agenda to adopt Resolution 9 99. agCH4amdlG:/ AGENDA ''"-'-------------^-^-.^---.-r.-'----.-.~-.''-. -...--.--....,.-.--..--.....,-+ '.. RESOLUTION 95-99 RESOLUTION PROVIDING FOR A MINOR AMENDMENT TO THE FINAL PLAT OF CARRIAGE HILLS 4TH ADDITION MOTION BY: SECONDED BY: WHEREAS, the fmal plat of Carriage Hills 4th Addition was approved by the Prior Lake City Council on August 21, 1995; and WHEREAS, condition #5 states: "The developer provide financial security, acceptable to the City Engineer, to provide for the future upgrade of Landau Lane to the plat boundary."; and WHEREAS, Subdivision Ordinance 6-7-13 provides in cases where improvements installed within the subdivision will be of benefit to lands beyond the boundaries of the subdivision, the subdivider will be required only to pay for such portions of the entire cost of said improvements which represent the benefit to the property within the subdivision. This section of the Subdivision Ordinance pertains to the extension of Landau Lane because it will serve the Vierling parcel to the east of Carriage Hills. WHEREAS, the proposed amendment does not constitute a change to the plat but rather amends a condition of final plat approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby amends the fmal plat of Carriage Hills 4th Addition, condition #5, to allow Carriage Hills 4th Addition to be final platted without providing a fmancial security for the street extension of Landau Lane to the plat boundary subject to the following conditions: 1. That the City Attorney prepare covenants to be filed with the county which restrict the transfer of the property until improvements are made and accepted by the City. 2. The developer sign the covenants and pay for the cost of preparing the covenants and filing. 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTliNITY EMPLOYER Passed and adopted this 18th day of September, 1995. Andren Greenfield Kedrowski Schenck Scott { Seal } YES Andren Greenfield Kedrowski Schenck Scott ~ Frank Boyles, City Manager City of Prior Lake "<$~ ,; ,~ A "AA$. il.~I:::i....I"E!lopment (0 f~ to pe~ G t... cd' .. Y A- Rt,,\~k' ~ 'f~ Y\ k. P:, l/IIII'DROGRESS f'lLAND COMPANY INC. Mr. John Wingard, Assistant City EngineerV' City of Prior Lake 16200 Eagle Creek Avenue PriorLake,~ 55372 RE: Carriage Hills Fourth Addition Final Plat Dear John, I am requesting that item number 5 of the resolution approving the final plat of Carriage Hills Fourth Addition be eliminated. I have made several attempts to purchase land from the Vierlings to extend Landau Lane to Manitou Road. If my efforts continue to be unsuccessful I would recommend that the city take necessary action to connect the roads and assess the benefiting property owners. Thank you for your consideration of this matter. Sincerely, A /1)~~ ;". . Warren J. Israelson P.E. President Progress Land Company Inc. SE1'"\ ~ ;,t".,..,- . r - lJi~~ 14300 Nicollet Court · Suite 335 · Burnsville, MN 55306 (612) 435-3115 · FAX (612) 435-3119 CARRIAGE HILLS PRIOR LAKE, FOU RT H MINNESOTA ADDITION ./ \ \ \ - \,'\'~ / \j',e,{ ~'\ / Q,< / ~,o'Z / , ,/ ~ N s-<\ ~ ./ ./ ./ 1\ \ -' ~-^~>- ~~~y % ~'^~, 't" \ \ 0 25 [ ~ 100 I \ \ \/ ~ ....- ~N FEET I ) 11/ ./ ,/ j./- / ~ ,/ ....- / ,/ / ./ PROGRESS ENGINEERING, INC. CONSULTING ENGINEERS 14300 NIcolle! Court. Suite 335 Burnsvllle. MN 55306 (612) 435.3115 ~ ,/ ,/ DRAWN PROJECT ~ (t"'\ , ~v ....,. ~O ~ ,. ~~O\) I ~~ i ~;... I. ~Q>- 'f '~ 'f-O\'{ ~ 0'<' S(l,C ./ DATE SHEET I of 5 2 . 28 - 9.5