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Home My WebLink About10B - Hillcrest Homes MEETING DATE: AGENDA #: PREPARED BY: DECEMBER 7, 1998 10B JENNI TOVAR, PLANNER JI~ GREG ILKKA, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 98-XX AMENDING RESOLUTION 98-43 APPROVING THE ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES AGENDA ITEM: DISCUSSION: HISTORY On April 6, 1998, the City Council adopted Resolution 98-43 approving an administrative plat for Hillcrest Homes. The request involved the combination of Lots 40, 41, and 42, Red Oaks subdivision into two lots with variances to lot width and lot area. Conditions of approval for the administrative plat included a "Permit Agreement for Private Use of Public Property" (permit agreement) be executed, that the property owner provide a drainage plan subject to approval of the City Engineer, and the property owner pay all costs associated with the drive on public right-of-way. CURRENT CIRCUMSTANCES Over the summer, staff has been working with the property owner and the City Attorney to reach an agreement on the specific language and requirements of the permit agreement. A final agreement was forwarded to the property owner on September 23, 1998 which addressed most of the concerns of the property owner. On November 4, 1998, the City received a letter, copy attached, from the property owner requesting the permit agreement be removed as a condition of approval of the administrative plat. The property owner's alternative to constructing the private drive and maintaining it is to construct a 20 foot wide street, minimum City standards given the 20 foot right-of-way, and let the City maintain the street. Parking will be prohibited on one or both sides of the street whether it is publicly or privately maintained. 162Qo.~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ."""~'~'_'::".;'~'- ISSUES The purpose of this item is to consider changing condition No. 1 in Resolution 98-43 to provide the property owner alternatives to constructing the roadway. The current requirement for development is a "Private Use of Public Property" agreement. The property owner has requested that the conditions of the administrative plat approval be modified to allow him to explore the options of improving the street to a minimally acceptable city standard. With such a modification he then has three possible courses of action: 1) Enter into the originally contemplated "permit agreement". This allows the developer to design and construct the road. The developer and/or future homeowners would be required to carry insurance on the road and be responsible for all maintenance despite the fact the road is public and will be used by the public; or 2) Enter into a Development Agreement with the City to allow the developer to construct the street to minimal City standards. This would require the developer to design the road and construct the road at his own expense. The road would then be turned over to the City for permanent maintenance as a public road; or 3) Petition the Council for a public improvement project under M.S. 429 to have the improvement costs assessed to the benefiting properties. The Council would have to determine what year to budget for the project in the CIP and then hold the appropriate assessment hearings for final approval. This avenue will also require a developers agreement, requiring the developer to design the road and to make a cash deposit. The road would be constructed by the City and the costs assessed to the affected property owners. The City would assume permanent maintenance costs. The developer has until April 6, 1999, to obtain building permits for the proposed structures or the variances to lot area and lot width will be void. The building permits for the proposed structures cannot be issued until the agreement is signed and new deeds are approved and recorded. A HILLCRST.DOC FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: HILLCRST.DOC Certificate of Occupancy will not be issued until the road is constructed. CONCLUSION Before the property owner spends a lot of time and money pursuing these alternatives it is appropriate to modify the conditions of the administrative plat approval to allow him the options if he so chooses. At this time, the City Council would be granting the developer options. The Developers Agreement or 429 Public Improvement Project (options' 1 or 2) would required future City Council approval. A resolution is attached for consideration and is recommended by the staff for approval. If the street is constructed to a minimally acceptable city standard (under option 1 or 2), the City will be responsible for its year around maintenance. The alternatives for the Council to consider are: 1. Approve Resolution 98-XX amending Resolution 98-43 approving the administrative plat request of Hillcrest Homes. 2. Amend and approve Resolution 98-XX. 3. Deny this item and provide the staff with direction. A motion and second to Approve Resolution 98-XX amending Resolution 98-43 approving the administrative plat request of Hillcrest Homes. " RESOLUTION 98-XX A RESOLUTION AMENDING RESOLUTION 98-43 APPROVING THE ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES. MOTION BY: SECOND BY: WHEREAS: the City Council considered an application for administrative plat approval of Lots 40, 41 and 42, Red Oaks for Hillcrest Homes on April 6, 1998, and WHEREAS: the City Council approved the application for administrative plat of Lots 40, 41, and 42, Red Oaks in Resolution 98-43 with conditions, and WHEREAS: condition no. 1 stated "1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the construction of a private drive on the publicly dedicated roadway, and WHEREAS the property owner has requested a change to condition number 1. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that condition no. 1 of Resolution 98-43 is hereby amended to read: "1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the construction of a private drive on the publicly dedicated roadway. In lieu of the Permit Agreement, the developer may construct at his cost or cause to be constructed through a (1) Developers Agreement or (2) via a petition for public improvement, a minimum standard City street as approved by the City Engineer." Passed and adopted this 7th day of December, 1998. YES NO I Mader I Kedrowski I Petersen I Schenck I Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager City of Prior Lake HILLCRST.DOC '-. HHI HILLCREST HOMES, INC. 14122 Louisiana Ave., Savage, Minnesota 55378 (612) 898-7663 Office (612) 898-3364 Fax NUV 111998 \ ~_! \...~~_'.___"_"_C_'_'__.""_'''_'''__' "A BuUder Driven By Quality Crqftsmanship and Value. " November 4, 1998 Jenny Tovar Planning City like to remove this the to the minimum city-assume the responsibility and of20'in Our . . .,.: ...c...:..... . " ,'-',": ,,'-.:,_ ..,'. ",--,,-, , "-":_":'-:', ," - :",-._-',- ...... ,..,..;__.._:. ,":__:..' . .....:. ',i. :-,......, . ,':.'>";'_-,:::, ,'_: ,':. . " _, d ,'". :. ':' . . "Permit Agreement For Private Use of Public Property" filed against the property. Thiswould cause acloud oftitle time the propertY changes hands. .'. '.'1'1ij~iagre~~~lltals(}.~allsforthe maiIltenance forever to be the sole responsibility of the part of 41, even though the adjacent neighbor on lots 38 & 39 will have use of the roadway. This is inequitable and gives the owner oflots 38 & 39 license to overuse or damage the roadway and have no responsibility for its correction. . "Permit Agreement For Private Use of Public Property" also requires the owners of lot 40 & part of 41 and lot 42 & part of 41 to carry additional liability insurance over and above what a typical owner would have. This is excessive and would decrease the salability of these lots. BuilderLicense # 20036544 . Member of the Builders Association of the Twin Cities · The 20' width would provide a better fit into the city portion of the sand trap at the one end of the roadway. This would allow for a better transition from the current roadway to this new section of roadway. I have enclosed a copy of plans that illustrate the 20' roadway. I have also spoken to the DNR regarding the shoreline reconstruction required to build the roadway. If need be, you can contact Pat Lynch. He requested that we re-file our application for permit, rather than amend the current permit. If you have any questions, or need additional information please give me a call. I appreciate our attention to this matter. \.. :t~..::":";_.....______.. ...,,_ RESOLUTION 98-43 RESOLUTION OF TJ:lj!; PRIOR LAKE CITY COUNCIL APPROVING IJ:lj!; ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES MOTION BY: KEDROWSKI SECOND BY: PETERSEN WHEREAS: notice of the said administrative 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 administrative plat for the record at the City Council hearing; and WHEREAS: the City Council has reviewed the administrative 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 administrative plat approval of Lots 40, 41 and 42, Red Oaks as described in Exhibit A (attached), for Hillcrest Homes on April 6, 1998. NOW, IJ:lj!;REFORE, BE IT HEREBY RESOLVED BY l.1::lE CITY COUNCIL OFIJ:lj!; CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for the combination of Lots 40,41 and 42 Red Oaks into two lots as described and shown in attached Exhibit A (survey) with the following conditions: 1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the construction of a private drive on the publicly dedicated roadway. 2. A separate grading permit will be required for construction of the driveway. A tree preservation plan will be required as part of this permit. 3. The existing structure on Lot 41 must be removed prior to City approval of the warranty deeds for the new lots such that the structures is not located on two separate lots. 4. Five foot drainage and utility easements be granted along the interior lot lines. This must be shown on a revised survey and a legal description drafted and appropriate documentation recorded. 16200 E~~~~~~~~O~e~!~~r~~g~1:.~~ce, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6~29~47-4245 AN EQUAL OPPORTUNITY EMPLOYER '- 5. Developer to provide a drainage plan for proposed access driveway that addresses impact of the proposed drive upon the drainage of Lots 38 and 39, subject to approval of City Engineer, and will pay all costs associated with the drive on public right-of-way. There will be no parking allowed on the access road and the developer will install "No Parking" signs on the access drive. 6. This proposed administrative subdivision is to be reviewed by the Fire Chief and is subject to his recommendations and approval. Passed and adopted this 6th day of April, 1998. Mader Kedrowski Petersen Schenck I Wuellner x X X NO IX YES {Seal} r:\council\resoluti\planres\rs98-043.doc Page 2