HomeMy WebLinkAbout10A - Erie Addition
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
JUNE 26, 2006
10A
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF A COMBINED PRELIMINARY AND FINAL PLAT
TO BE KNOW AS EDIE ADDITION
DISCUSSION:
Introduction
Glen and Edie Svoboda have applied for approval of a development to be
known as Edie Addition on property located at 16769 Creekside Circle SE.
The site is north of MN TH 13 and west of Anna Trail. The request calls for the
subdivision of the existing 1.23 acre lot into two single-family residential lots.
History
The property proposed for land subdivision is a metes and bounds lot that was
included as an exception in Jo-Anna Stepka's Hi-view 3rd Addition in 1962.
The property is zoned R-1 Low density Residential.
The Planning Commission held a public hearing to consider the combined
preliminary and final plat at their meeting on June 12, 2006. At that meeting
the Planning Commission recommended approval of the plat.
Current Circumstances
The applicant is proposing to subdivide the lot into two lots for future single-
family residential development.
The following paragraphs outline the physical characteristics of the existing
site, the Comprehensive Plan and zoning designations, and a description of
some of the specifics of the site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 1.23 acres.
Topoaraphv: This site has a varied topography, with elevations ranging from
966' MSL at its highest point in the northwest corner to 938' MSL at its lowest
point along the eastern lot line.
Wetlands: No wetlands are located on the site.
Access: Access to the site is currently from a private drive off Creekside
Circle. The proposed plat includes an additional driveway access from
Creekside Circle for Lot 2.
2020 Comprehensive Plan Desianation: This property is designated for
Urban Low to Medium Density Residential uses on the 2020 Comprehensive
Plan Land Use Map.
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ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
Zonina: The site is presently zoned R-1 (Low Density Residential).
Shoreland: The site is not located in the shoreland district.
PROPOSED PLAN
Lots: The combined preliminary and final plat consists of 2 residential lots. A
existing home is located on Lot 1 (29, 616 sq. ft.). Vacant Lot 2 is 23,940
square feet.
Sanitary SewerlWater Mains/Storm Sewer: Sanitary sewer and water mains
are in place for both Lots 1 and 2.
Stormwater Runoff: Grading on the site will direct runoff to the newly
dedicated drainage and utility easements along the perimeter of all the
properties.
Setbacks: The building areas on both lots will meet the required setbacks for
the R-1 residential district.
Landscapina: The Subdivision Ordinance requires a minimum of two trees in
the front yard for all newly created lots.
Tree Replacement: The applicant has submitted an inventory identifying 324
caliper inches of significant trees on the site. The Zoning Ordinance allows up
to 25% removal for building pads and driveways. According to the proposed
plan, a total of 34 caliper inches (10.5% of the total) of the caliper inches will
be removed.
The Planning Commission and staff recommend approval of this combined
preliminary and final plat, on the basis it is consistent with the provisions of the
Zoning and Subdivision Ordinance and City Standards. A signed Development
Contract accompanies this staff report. The City will not release the final plat
until the Development Contract is signed by the property owner's mortgage
company and all development fees are paid. The Development Contract
specifies the development fees for the platted lots. The total for these fees is
$7,991.00
There is no budget impact as a result of this action. Approval of the project will
facilitate the development of the area and increase the City tax base.
The City Council has the following alternatives:
1. Adopt a resolution approving the Combined Preliminary and Final Plat for
this development subject to the listed conditions, with the finding that the
preliminary plat is consistent with the intent and purpose of the Zoning and
Subdivision Ordinances.
2. Deny the Preliminary and Final Plat on the basis it is inconsistent with the
purpose and intent of the Zoning and Subdivision Ordinances and/or the
Comprehensive Plan. In this case, the Council should direct the staff to
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FINAL\Edie Svoboda Addition\cc
prepare a resolution with findings of fact based in the record for the denial
of these requests.
3. Defer consideration of this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1.
RECOMMENDED
MOTIONS:
1. A motion and second adopting a resolution approving the Combined
Preliminary and Final Plat to be known as Edie Addition.
\()C;
Svoboda
Motion By:
Second By:
WHEREAS, On June 26, 2006, the City Council approved the preliminary plat known as Edie
Addition; and
WHEREAS, The City Council has found that the final plat of "Edie Addition" is in substantial
compliance with the approved preliminary plat for Edie Addition; and
WHEREAS, The City Council has approved the final plat of "Edie Addition."
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 final plat of "Edie Addition" is approved subject to the conditions set forth in this resolution.
3. The final plat of "Edie Addition" is subject to the following conditions, which shall be met prior to
release of and recording of the final plat:
a) Payment of all fees prior to release of the final plat mylars.
b) Reductions of the entire final plat be submitted, to the following scales: 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 must be submitted.
d) The Development Contract must be signed by the "Developer's" mortgage company.
e) 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 August 1, 2006, will render
the final plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 26th DAY OF JUNE, 2006.
Hauaen Hauaen
Dornbush Dornbush
Erickson Erickson
LeMair LeMalr
Millar Millar
YES
NO
Frank Boyles, City Manager
S\~.~HYQ~~~gfG90t;
Phone 952.447.4230 / Fax 952.447.4245
EDIE ADDITION
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GLENN '" EDITH SVOBODA
GRADING PlAN
CITY Of PRIOR lAKE
SHEEr C1
SHORT FORM
DEVELOPMENT CONTRACT
EDIE ADDITION
PROJECT #06-137
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 26th day of June,
2006, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and
GLEN F. SVOBODA and EDITH SVOBODA, husband and wife ("Developer").
(1) WHEREAS, the City Council has adopted a Standard Development Contract which is
required to be exceeded as a condition of Final Plat approval; and
(2) WHEREAS, the Standardized Development Contract pertains to all land within the Final
Plat; and
(3) WHEREAS, as part of a Final Plat approval, a developer may plat certain land as an Outlot;
and
(4) WHEREAS, development fees are not collected on Outlots until such time as a Final Plat is
approved for the Outlot; and
(5) WHEREAS, the City desires to provide for an abbreviated form of its Standard
Development Contract, heretofore referred to as "Short Form Development Contract", which will be used
in three limited situations, to wit: (1) an Outlot is the subject of a Final Plat, (2) no new public
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Page 1
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Development Contract, and record the Plat and Development Contract
with the County Recorder or Registrar of Titles within 90 days after the City Council approves the final
Plat.
3. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The plans shall not be attached to this Development Contract, but are incorporated by
reference and made a part of this Development Contract as if fully set forth herein. If the plan varies from
the written terms of this Development Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A --
Final Plat Stamp Dated May 12, 2006 (prepared by Valley Surveying Co.)
Plan B --
Erosion Control Plan Dated May 12, 2006 (prepared by Halling
Engineering)
The plans set forth above is incorporated herein and made part of this Development Contract.
4. BOULEVARD AND AREA RESTORATION The Developer shall seed or lay cultured
sod in all boulevards within thirty (30) days, or within a timeline established by the City Engineer, of the
completion of street related improvements and restore all other areas disturbed by the development grading
operation. Boulevard and Area Restoration shall be in accordance with the approved erosion control plan.
Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment.
5.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
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6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
7. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. The City may impose,
at no cost to the City, additional erosion control requirements if they are necessary to meet erosion
control objectives. All areas disturbed by the excavation and backfilling operations shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling
erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary
conditions imposed by the City, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. The Developer shall
be solely responsible for any costs incurred by the City for erosion control measures. The Developer
shall fully reimburse the City for any cost incurred within ten (to) days of the date of the City's invoice.
If the Developer does not reimburse the City for any cost the City incurred for such work within ten (to)
days, no development, utility or street construction will be allowed until the Plat is in full compliance
with the erosion control requirements. Further, no building permits will be issued if the plat fails to
conform to the approved erosion control plan or if any costs remain unpaid beyond the three allowed
under this paragraph. The notice provisions set out in Paragraph 15 shall not apply to notifications to the
Developer under this paragraph.
8. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
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or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean-up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may issue a stop work order on all development utility and street construction within
the Plat and no further building permits will be issued until all costs are paid. The notice provisions set out
in Paragraph 15 shall not apply to notifications to the Developer under this paragraph.
9. STORMWATER MANAGEMENT FEE. The Developer shall pay a storm water
management fee of $1,535.00 prior to the City signing the final Plat. The amount was calculated as
follows: 0.55 acres x $2,790.00 per acre. This charge was determined by the Trunk Storm Water Fee Study
adopted by City Council Resolution # 05-18 on January 18, 2005.
10. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize
acreage charge of $2,706.00 for street oversizing improvements prior to the City signing the final Plat. The
amount was calculated as follows: 0.55 acres at $4,920.00 per acres. This charge was determined by the
Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18, 2005.
11. PARK AND TRAIL DEDICATION. The Developer shall dedicate to the public an
amount of cash or land or a combination of both as established by the City. The required amount of
dedication of land or cash payment shall be determined by the provisions of Section 1004.1000 if the City
Subdivision Ordinance, or by the fee scheduled adopted by resolution of the City Council. The fee shall be
paid prior to the City signing the final Plat. This Development Contract also requires the Developer to pay
a Park and Trail Dedication Fee of $3,750.00 prior to the City signing the final Plat. The amount was
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calculated as follows: 1 units at $3,750.00 per unit (Residential). This calculation was determined by the
Park Fee Study adopted by City Council Resolution #05-18 on January 18, 2005.
12. LANDSCAPING. In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ("escrowed funds") may also be required. If the
required landscaping is not installed, the City is granted a license to enter upon a lot and install the
landscaping using the escrowed funds deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed funds less any draw made by the City, shall
be returned to the person who deposited the funds with the City.
13. TREE PRESERVATION AND REPLACEMENT. Subject to the provisions of Section
1107.2100 of the City Zoning Ordinance, the Developer shall provide a financial guarantee prior to
building permit issuance that will be based on the number of trees proposed to be impacted.
14. CITY DEVELOPMENT FEES. The total amount for Development Fees as set forth in
Paragraphs 9, 10, and 11 above is $7,991.00 for City Development Fees. The Developer shall pay this
amount to the City prior to the City signing the Final Plat. The amount of the cash fee was calculated as
follows:
CITY DEVELOPMENT FEES:
Stormwater Management Fee
$ 1,535.00
$ 2,706.00
$ 3,750.00
$ 7,991.00
Page 6
Street Oversize Acreage Charge
Park Dedication Fee
TOTAL CITY DEVELOPMENT FEES
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15. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Pursuant to Paragraphs 7 and 8 of this Development Contract, the Developer shall
pay in full all bills submitted to it by the City for obligations incurred under this Development Contract
within thirty (30) days after receipt. If the bills are not paid on time, the City may issue a stop work order
until the bills are paid in full. In the event the Developer fails to reimburse the City, the City will not issue
any further building pennits.
16. NOTICES. Required Notices to the Developer regarding Paragraphs 7 an 8 shall be in
writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the
Developer by certified mail at the following address: 14971 Pheasant Run Court NW. Notices to the
City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by
certified mail in care of the City Manager at the following address: City of Prior Lake, 16200 Eagle
Creek Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City,
Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan &
Johnson, 600 US Bank Plaza South, 220 South Sixth Street, Minneapolis, Minnesota, 55402-4501.
17. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to this Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
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18. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the Plat shall seek recourse against the
Developer or the Developer's agents. In all such matters, including court actions, the Developer agrees that
the indemnification and hold harmless provisions set out in Paragraph 16 shall apply to said actions.
19. RECORDING DEVELOPMENT CONTRACT. This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development
Contract. The Developer shall provide the City with a recorded copy of the Development Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title
of the property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
20. SPECIAL PROVISIONS. The following special provlSlons shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat, as shown in Exhibit B to this Contract.
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's current software.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
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21. MISCELlANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Development Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar
import, without reference to any particular section or subdivision, refer to this Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Development Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
proVISIons.
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F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
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Page 10
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
~~#~~
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA
COUNTY OF JcA:t~
)
( ss.
)
,)L The fOre~g instrument was acknowledged befure me this I t, -lL-- day of ~ 20 ~
by ~t~J ~~ L t);J:L 1-J~ d
~. ~.
_H ~L.tL 'X ~
NO Y PUBLIC I 1 I r r I I I
e JUDITH PINT
NOrMY PI&lC .IINNE8OTA
..,e '11' -&pllllJln.31,ZtO
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page II
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20---J by
NOTARY PUBLIC
DRAFTED BY:
City ofPnor Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 12
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted and Copy of Final Plat, Including Title Sheet:
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Page I3
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EXHIBIT "B"
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DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides development fees, acceptable to the City Engineer prior to release ofthe
final plat mylars.
6. 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 September 26, 2006, will render the
final plat null and void.
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