HomeMy WebLinkAbout5H - South Lake Village
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
DECEMBER 18, 2006
5H
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A COMBINED
PRELIMINARY AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR
SOUTH LAKE VILLAGE
I ntrod uction
Bealemake Partners, LLC, has submitted an application for a combined
preliminary and final plat of the property located on south of State Highway 13,
east of Duluth Avenue and north of Village Lake Drive. This property is the
current site of the South Lake Village Mall and the Hollywood restaurant. The
property addresses are 16691 and 16731 Highway 13 South. This agenda
report requests approval of the proposed subdivision, which creates 2 lots for
the existing building and one outlot.
Historv
This development consists of one parcel, which is the current site of the South
Lake Village Mall and the Hollywood restaurant. The proposal will subdivide
the existing parcel into 2 lots and one outlot. The existing buildings will each
be located on a separate parcel, which will enable the owners to sell or finance
each parcel individually. The outlot may be used for parking for the current
mall, or for future development.
The Planning Commission held a public hearing to consider the combined
preliminary and final plat at their meeting on November 27, 2006. At that
meeting the Planning Commission recommended approval of the plat.
Current Circumstances
The proposed plat subdivides the existing single parcel into 3 separate lots.
Lot 1, Block 1 is the site of South Lake Village Mall, Lot 2, Block 1 is the site of
the Hollywood restaurant, and Outlot A is a vacant parcel. There is no specific
development planned for this outlot. The final plat also dedicates right-of-way
for Village Lake Drive. The City currently holds a permanent easement over
this right-of-way.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 9.02 acres.
Existina Use: The property includes the existing retail center, the restaurant
and paved parking. Outlot A is vacant land. There are no trees on the site.
Wetlands: There are no wetlands on this site.
Access: Access to the site is from TH 13 and from Village Lake Drive.
www.cityofpriorlake.com
Phone 952.440.%75./ Fax 952.440.%78
2030 ComDrehensive Plan Desianation: This property is designated as C-
CC (Community Retail Shopping) on the 2030 Comprehensive Plan Land Use
Map.
Zonina: The site is presently zoned C-4 (General Business).
PROPOSED PLAN
Lots: The preliminary and final plats consist of 2 lots and one outlot. The new
lots meet the minimum lot area and lot width requirements of the C-4 District.
Streets. SidewalkslTrails. Sanitary SewerlWater Mains: This plan does not
include any new streets or public utilities.
Stormwater: There are no stormwater improvements planned for this site.
ISSUES:
The applicant proposes to subdivide the existing parcel into three lots. Two of
the lots have existing buildings. The outlot is a vacant lot for future
development. The final plat also dedicates the existing permanent road
easement for Village Lake Drive as right-of-way.
The new lot line between the existing mall and restaurant creates a Building
Code issue. The mall is classified as a Type III structure under the Building
Code. This classification allows an unlimited amount of floor area for the mall
as long as there is a 60' distance from building to building or from building to
lot line. Although the building separation remains the same, the new lot line
will be closer than 60' to the existing mall building. This issue can be resolved
in several ways, the simplest of which is the creation of a perpetual easement
or parcel encumbrance on Lot 2, Block 1, to prevent the construction of any
new buildings or additions within 60' of the existing mall. The applicant has
provided an easement which accomplishes this purpose. This easement must
be signed and recorded with the final plat.
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 Development
contract accompanies this staff report. The City will not release the final plat
until the Development Contract has been signed by all necessary parties.
FINANCIAL
IMPACT:
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.
ALTERNATIVES:
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
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.
R4dy: ~
Frank Boyle, C ty 1anager
1. A motion and second adopting a resolution approving the Combined
Preliminary and Final Plat to be known as South Lake Village, subject to
the listed conditions.
RECOMMENDED
MOTIONS:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
Motion By:
Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 27,
2006, to consider an application from Bealemake Partners, LLC, for the combined
preliminary and final plat of "South Lake Village"; and
WHEREAS, Notice of the public hearing on said combined preliminary and final 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 combined preliminary and final plat of "South Lake
Village" for the record at the public hearing conducted by the Planning Commission;
and
WHEREAS, The Planning Commission and City Council have reviewed the combined preliminary
and final plat according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said combined preliminary and final plat to be
consistent with the provisions of said ordinances; and
WHEREAS, The Prior Lake City Council considered an application for combined preliminary and
final plat approval of "South Lake Village" on December 18, 2006; and
WHEREAS, The City Council has the authority to impose reasonable conditions on a combined
preliminary and final plat.
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 preliminary plat of "South Lake Village" is approved subject to the conditions set forth in this
resolution:
3. The final plat of "South Lake Village" is subject to the following conditions, which shall be met prior
to release of and recording of the final plat:
a) The perpetual easement must be signed and recorded with the final plat.
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 8 1/2" x 11" sheet of paper.
c) Four mylar sets of the final plat with all required signatures must be submitted.
d) 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 March 18, 2007, will render
the final plat null and void.
F:eports\2006\Dec,eiTd.:'er 18,
l3',e~!1Ql/priorlake.com
Phone 952.447.4230 / Fax 952.447.4245
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 18TH DAY OF DECEMBER, 2006.
YES
NO
I Haugen
I Dornbush
Erickson
LeMair
Millar
Haugen
Dornbush
Erickson
LeMair
. Millar
Frank Boyles, City Manager
R:\Agenda Reports\2006\December 18, 2006\South Lake resolution.DOC
SHORT FORM
DEVELOPMENT CONTRACT
SOUTH LAKE VILLAGE
PROJECT #06-186
This SHORT FORM DEVELOPMENT CONTRACT is entered into this 18th day of
December, 2006, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation
("City"), and Bealmake Partners, LLC, a limited liability company (the "Developer").
(1) WHEREAS, the City Council has adopted a Standard Development Contract which is
required to be executed 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, the City desires to provide for an abbreviated form of its Standard
Development Contract, heretofore referred to as "Short Form Develvpment 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
improvements are part of the platting of the Outlot; and (3) develvl'ment fees and other special provisions
apply to the Final Plat of the Outlot.
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Page I
Based on the mutual promises and covenants set forth herein, the sufficiency of which is not
disputed, the City and the Developer (collectively "Parties") agree as follows:
1. RJ;"OlJEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for South Lake Village (referred to in this Development Contract as the "Plat"). The land is legally
described as shown on Exhibit A.
2. .CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition
that the Developer enter into this Develvpment Contract, and record the Plat and Develvpment 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 Develvpment Contract, the more specific or stringent controls shall apply. The
Plan includes:
Plan A --
Final Plat Dated November 22, 2006 (Prepared by Frank R. Cardarelle, Land
Surveyor)
The plan set forth above is incorporated herein and made part of this Development Contract.
4. SUBDIVISION MONUMENTS.
A. 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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B. To guarantee the installation ofthe subdivision monumentation, the Developer shall
furnish the City with an Irrevocable Letter of Credit ("Security") in the form attached hereto as Exhibit B,
from a bank for $2,000.00.
5. 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 ofthe Plat.
6. OUTLOT A.
A. Outlot A may only be used for parking, as permitted under Resolution 03-014PC,
approving a variance to the number of parking spaces for the existing South Lake Village Mall. Prior to the
development of parking on this outlot, the Developer must submit a site plan application to the City for
approval.
B. No other develuplllent of Outlot A may commence until the property is replatted as
a lot. At the time Outlot A is replatted, the Developer must pay any City Development Fees due at that
time, including, but not limited to, Trunk Stormwater Acreage Charge, Trunk Water Acreage Charge,
Trunk Sanitary Sewer Acreage Charge, Street Oversize Acreage Charge, Parkland Dedication, and City
Administration fees. These fees will be calculated according to the City fee schedule in effect at the time
Outlot A is replatted into a lot.
7. RESPONSIBILITY FOR COSIS..
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
8. NOTICES. Required Notices to the Developer 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: Bealemake Partners, LLC, Attention Bernard Paul, 3535 Via Flores, San Diego,
CA, 92106-3334. Notices to the City shall be in writing and shall be either hand delivered to the City
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Manager, or mailed to the City by certified mail in care of the City Manager at the following address:
City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota 55372. 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.
9. 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.
10. JVO 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 15 shall apply to said actions.
11. 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
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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 ofthe foregoing covenants.
12. 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. In addition upon completion of the
project the Developer shall provide the City with as-built utility plans in electronic format compatible with
the City's current software and with layers, colors and line-types formatted in accordance with City
standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (11x17 inch) copy
shall be certified and submitted to the City.
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.
13. 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.
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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 ofthis Development Contract.
C. Amendments. There shall be no amendments to this Develvplllent 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 Develvplllent 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 ink~1-'~eted 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.
F. Jurisdicition. This Development Contract shall be governed by the laws of the
State of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
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Page 6
DEVELOPER:
By:
Its:
STATEOFMINNESOTA )
( 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
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
by Bernard D. Paul, the Chief Manager ofBealmake Partners, LLC, a Minnesota
limited liability company, Grantor and Fee Owner, on its behalf.
.20
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 7
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing DevelvplUent 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 )
20
The foregoing instrument was acknowledged before me this
by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
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Page 9
EXHIBIT "B"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. The perpetual easement must be signed and recorded with the final plat.
2. 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 II" sheet of paper.
3. Four mylar sets of the final plat with all required signatures are submitted.
4. The developer provides development fees prior to release of the final plat mylars.
5. 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 March 18, 2007, will render the final
plat null and void.
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Page 10
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