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HomeMy WebLinkAbout05(D) - Adopt Resolution No. 20-049 Approving A Resolution Waving Platting Requirements For the Subdivision of Property Located Along CSAH 17 Report ITEM: 5D CITY COUNCIL AGENDA REPORT MEETING DATE: April 06, 2020 PREPARED BY: Jeff Matzke, Planner PRESENTED BY: Casey McCabe, Community Development Director AGENDA ITEM: Adoption of Resolution No. 20-049 Approving A Waiver of Platting Requirements for the Subdivision of Property Located Along CSAH 17 (PID 259080010) GOAL AREA Desirable & Sustainable Development OBJECTIVE: 4. Encourage development and preservation of quality life-cycle residential housing options. RECOMMENDED ACTION: Motion and a second, as part of the Consent Agenda, to adopt a resolution waiving the platting requirements to allow for the subdivision of property located along CSAH 17. BACKGROUND: The purpose of this agenda item is to review a request for the administrative subdivision of parcels of residential land located on the proposed Spring Lake Ridge Plat. The property is located both east and west of Hwy 17 south of Hwy 12 (Geister Property). Winkler Land Company plans to develop the portion of property east of Hwy 17 (PID #25-908- 001-0) as the Spring Lake Ridge Residential Planned Unit Development. The current property owner desires to maintain ownership of the land west of Hwy 17. The parcel is designated as Urban Low Density (R-LD) on the 2030 Comprehensive Plan Map and are zoned Low Density Residential (R-1). The property owner is requesting a waiver of the platting requirements to allow the administrative subdivision of the single parcel into two parcels of land (one east of Hwy 17 and one west of Hwy 17). The developer would like to acquire the eastern parcel of land prior to approval of the Spring Lake Ridge Final Plat so that grading work could commence. The subdivision of the parcel would not hinder any current development or public infrastructure plans at this time. Therefore, in this case, the obligation of the platting requirements creates an unnecessary hardship for the property owner to subdivide the property. The following are conditions of approval for the plat waiver:  The property owner must submit deeds for the newly created parcels. The subdivision or combination of land is regulated by Subsection 1006.100 of the City Subdivision Ordinance. Subsections 1006.104–106 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 City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5D Page | 2 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) 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. FINANCIAL IMPACT: Approval of the Plat Waiver will allow the applicant to proceed with the development of future residential properties that will contribute to the City's tax base. ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to adopt a resolution waiving the platting requirements to allow for the administrative subdivision of property located along CSAH 17. 2. Remove this item from the Consent Agenda for additional discussion. ATTACHMENTS: 1. Survey showing separate parcels by color 2. Preliminary Plat of Spring lake Ridge 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 20-xxx A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED ALONG CSAH 17 Motion By: Second By: WHEREAS, Winkler Land Company, on behalf of the property owners, are proposing to subdivide property located along CSAH 17 (259080010); and WHEREAS, The property owners have asked the City Council to waive the platting requirements to allow for the subdivision of one parcel into two parcels; and WHEREAS, Future development or subdivision of the remaining property (west of Hwy 17) will require platting and the extension of City services, including sewer and water; and WHEREAS, The City Council has found that compliance with the restrictions set forth in Subsections 1006.104 and 1006.105 of the Subdivision Ordinance will create an unnecessary hardship and failure to comply 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 HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The platting requirements are hereby waived. 3. The property owners may convey the property boundaries as shown on the survey dated May 21, 2019. 4. Conveyance of this property is subject to the condition that the property owner(s) submit deeds to the City describing the newly created parcels. TH PASSED AND ADOPTED THIS 6 DAY OF APRIL 2020. VOTE Briggs Thompson Braid Burkart Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Winkler Development Cad File: 119034-LOT SPLIT.dwg Date:5-21-2019 Folder #: 8333 Drawn by:KSO c 35OFSPRING LAKE RIDGE PRIOR LAKE, MINNESOTA WINKLER DEVELOPMENT 10519 165TH STREET WEST 11-20-2019 NAP NCR Name Reg. No.Date Revisions 1. 1-27-2020 City Comments Date Designed Drawn 2019 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 11-20-2019 LAKEVILLE, MINNESOTA 55044 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Surveyor under the laws of the State of Minnesota 42299 Peter J. Hawkinson 00-SURV-119034-PREPLAT.DWG PRELIMINARY PLAT 3.10