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Home My WebLink About5C Zimmerman PP & FP 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: SUBJECT: 5C CONSIDER A REQUEST FOR A COMBINED PRELIMINARY & FINAL PLAT TO BE KNOWN AS ZIMMERMAN ADDITION AND A REQUEST TO VACATE EXISTING DRAINAGE AND UTILITY EASEMENTS AS PART OF THE REPLATTING PROCESS JANE KANSIER, PLANNING DIRECTOR _X_ YES _ NO-N/A # 07-119 MAY 14, 2007 PRESENTER: PUBLIC HEARING: CASE NO.: DATE: INTRODUCTION: Robert and Tricia Zimmerman have submitted the following applications: · An application for approval of a combined preliminary and final plat to be known as Zimmerman Addition; · An application for the vacation of the existing drainage and utility easements located on Lot 1, Block 4, Sunset Hills Addition. The proposed plat Preliminary and Final Plat will facilitate a land swap between the City and the applicants. A portion of the adjacent park land will be added to the Zimmerman property to correct previous encroachments. In return, the Zimmermans will deed an equal portion of their existing lot to the City for park purposes. Included in this applicant is a petition to vacate the existing drainage and utility easements. New easements will be dedicated as part of the final plat. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site consists of 12,538 square feet. Existina Land Use: Currently there is one single family home located on this site. Wetlands: No wetlands are located on the site. Access: Access to the site is from Balsam Street, and will remain unchanged. 2030 Comprehensive Plan Desianation: This property is designated for Urban Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map. Zonina: The site presently zoned R-1 SO (Low Density Residential Shoreland District). PROPOSED PLAN 1:\07 files\07 subdivisions\07 prelim & final\zimmermans addition\Rcreport.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 Lots: The plat includes 1 lot and an outlot. The current and future square footage of the residential lot remains unchanged at 11,184 square feet. The overall size of the park also remains unchanged. Tree Replacement: No trees will be impacted. ANALYSIS: Combined Preliminary and Final Plat: The proposed plat is intended to facilitate a land swap between the City and the Zimmermans. The attached survey exhibit shows a portion of Sunset Hills Park that has been maintained by the Zimmerman's for the last 20+ years. Normally in an encroachment situation the City asks the resident to remove any property from the City land and begins to actively maintain or exhibit control over the area. This property has special circumstances in that the fence which both the City and property owner believed to be on the property line was installed by the City with the intent of defining the property line. During the 1980's City Staff met with the property owner after construction of their house and installed the fence on what staff believed to be the property line. After installation of the fence the property owner installed landscaping and has since maintained the yard. Last year a survey was prepared for the property in connection with an application for a building permit to construct an addition. The survey showed that the fence was not on the property line but rather on City land and that the landscaping and yard encroached on the park. The property owner approached the City regarding the potential to purchase or swap land. Because the property owner has land adjacent to the park on their south property line they could swap land with the City. The value of the property is essentially the same as neither area is utilized for active space by the park. The swap would be for equal sized areas. The City Council considered the concept of the swap on January 2, 2007. The Council agreed the swap was appropriate (see attached minutes). Vacation of Drainaae and Utilitv Easements: The existing drainage and utility easements on this site were dedicated on the Sunset Hills Addition, approved by the City Council in 1978. The new lot lines will be moved to the west and north of the existing easements, resulting in easements through the middle of the lot. Furthermore, the proposed addition to the single family home will encroach into one of the existing easements, so the applicants are requesting this vacation. The new plat will rededicate the necessary easements. As required by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 412.851 allows the Council to vacate easements by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so. " The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? 1:\07 files\07 subdivisions\07 prelim & final\zimmermans addition\pcreport.doc Page 2 Comprehensive Plan Review: The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of these easements is not inconsistent with any specific goal or objective of the Comprehensive Plan. The new plat will dedicate necessary easements for this area. Public Need: As noted above, the new plat will dedicate necessary easements. The approval of this vacation would allow the development of the new lot. As a precaution, the resolution approving the vacation of these easements will not be released until the final plat is approved. The resolution will be recorded just prior to the final plat. It must also be noted this vacation does not constitute approval of any building plans for the site. CONCLUSION: The combined preliminary and final plat complies with relevant ordinance provisions and City standards. The staff recommends approval of this subdivision, subject to the following conditions: 1. The applicant must provide a deed to the City for Outlot A, Zimmermans Addition, with the final plat documents. 2. The resolution vacating the easements must be recorded just prior to the final plat. 3. The final plat must be revised to reflect the vacation of the existing easements. 4. The final plat shall be recorded at Scott County within 90 days of approval by the City Council. 5. The applicant must provide proof of installation of all subdivision monumentation within one (1) year from the date of recording the plat, or prior to issuance of a building permit, whichever occurs first. The staff also recommends approval of the vacation of the existing drainage and utility easements subject to the condition that the resolution vacating the easements must be recorded just prior to the final plat. ALTERNATIVES: 1. Recommend approval of the Combined Preliminary and Final Plat subject to the listed conditions, and recommend approval of the vacation of the existing drainage and utility easements subject to the listed conditions. 2. Continue these items to a date specific, and provide the applicant with direction on the issues that have been discussed. 3. Recommend denial of the Combined Preliminary and Final Plat request, and the vacation request. RECOMMENDATION: The Planning staff recommends Alternative #1. ACTION REQUIRED: 1. A motion and second to recommend approval of the combined preliminary/final plat to be known as Zimmermans Addition, subject to the listed conditions. 1:\07 files\07 subdivisions\07 prelim & final\zimmermans addition\pcreport.doc Page 3 2. Motion and second to recommend the City Council approve the vacation as requested subject to the condition that the resolution not be recorded until after final plat approval. EXHIBITS: 1. Location Map 2. Reduced Copy of Plans 3. Survey Exhibit 4. City Council Meeting Minutes 1:\07 files\07 subdivisions\07 prelim & final\zimmermans addition\pcreport.doc Page 4 Location Map Zimmermans Addition ._~--------.._-._._-----._-_. ------1 I I I I I MAPLE CIRCLE ~y ILLW MAPLE STREET J [] I II I I I i 170TH ST. SW. ,'~---- Location of I Zimmerman Property a; City Park ~ o 0: ~ z ::> o u . --._---------~.__.._--_._-._-_.,------_.~---------- 200 [ o 200 400 Feet -- N + li'~ ~ [i ! ~ ri r 1t1~ ! rn" ; ~ ~~ ~ h I it ! f I ~ r 1 ~ ~ ~ ' I~ o . n ~ ~~t; aa m ~ ~:ii ci ~ 52 0 ~c c i<l~ ~ ~2 ~ ~ 0: ~; -., ~~ ~ ~ ~ l:l~~i:; ~ i~ ~f[ .. iQ"~~ ~ ~;i!: f.oo r. ~~IQ.... eh",!"i? f ~~~~~ ~ S" a.. ~ ~~eS'.>; ; af~~ f~~~~;; 0" Q.r~~.~ "'~.ElQ ~ ~5.a~~ h~!;!ii'~ ~;~HB' nha" l)GaJ-g ih!'.~~ . :!t~q.. ~ tlI~1Q ~~. ~~t~Q:[ )0.:1 s!~~ 9 "~-,,,,!. <>.~~H~ ~ ~~~",s. ~ iSU~ i l:~.~~ S !~;:~~ "'l}lo $ ;[Ui fdH p~ Q:~ c:Q.~-"; tl~! ~~~~ fQt~ ~~~ t ii'f"~~ ~lal ~ ;jj ks t:tJ C) C) at;; c::J ~ I___~::o to'" r-tlJ ::0 ~),.~ "- I ~.~\I) ~'" I '-'- ~~,." 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Streets and Utilities Supervisor Eldred stated that the requested equipment purchase will allow expansion of the anti-icing and prewet programs and allow implementation of a preventative maintenance program for the City's water distribution system. He explained the bids received and funds available. Comments: Millar: Asked for an explanation of a valve operator and why the equipment is needed. Eldred: Responded that it would allow us to access the valves and allow the work to be done with less staffing. Albrecht: Noted that it allows us to exercise all 4,000 valves each year. The equipment would allow valves to be opened and would apply consistent torque to reduce breakage. This would be a maintenance program that could be done with one person rather than two. Millar: It will provide preventive maintenance more efficiently, help with fire safety and will be a cost saving over time because of reduced staff time. LeMalr: Stated that having appropriate tools for job is necessary. Asked if hours are scheduled for regular maintenance. Eldred: Affirmed there is staff time for this and this is another one of several preventative maintenance programs in place. Erickson: Will support. Haugen: Concurred. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07-006 AUTHORIZING THE PURCHASE OF ANTI-ICE PREWET EQUIPMENT FROM VARITECH INDUSTRIES. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07.007 AUTHORIZING THE PURCHASE OF ONE HURCO VALVE OPERATOR UNIT FROM NORTHERN WATER WORKS SUPPLY. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. ~ Consider Approval of a Report Regarding Park Land Property Encroachments. 7lf\ Public Works Director Albrecht discussed scenarios the City encounters periodically regarding property encroachments and requested direction from the Council for the Zimmerman parcel. Explained the Zimmerman property and an area that was mistakenly believed to be theirs. The Zimmerman's want to build an addition and there is no space due to setbacks of actual property line. Zimmerman expressed preference to purchase the property but City property cannot be sold to one individual; it is a bidding process. City staff is generally opposed to selling park land but would consider a land swap and the property owner would have to pay for replatting the property. Would like general Council direction on these types of encroachments. Comments: Erickson: Clarified the property that would be traded. Albrecht: Displayed the area on the map which includes fencing erected by the City that is not on the property line. Explained the City has the option of removing the fence and taking over maintenance of the area which has been maintained by the Zimmerman's up to this point. 5 City Council Meeting Minutes January 2, 2007 Erickson: Asked if the City would have to rebuild the fence. Albrecht: Responded that the City typically doesn't build a fence along a park but this was done originally to help define boundary. Erickson: Commented that a bidding process would still be viable. Boyles: Stated the City would actually have to accept the bids. Pace: Affirmed that the City would have to use the appraised price as the floor. Albrecht: Commented that staff has shied away from sale of park land, but swapping can allow exchange of equal value to equal value. Pace: Stated that a sale vs. a swap cannot be a universal decision, but rather the City would need to consider the unique situation each time. Albrecht: Pointed out that the Zimmerman's have landscaped on City property. Pace: Stated the situation is unique and the City made a mistake by installing the fence. Boyles: Commented that the City was working with the property owner and both parties made an error that they are now trying to resolve mutually. Pace: Believes a swap is a good solution and doesn't think the Council should develop policy based on this situation. Erickson: Stated this was an honest mistake and the proposed solution is good. Believes a sale may not be a workable solution and Zimmerman may be taking a risk by having someone else put a bid in. Pace: Gave examples of other encroachments and believes they should not be rewarded by allowing people to buy the City property. LeMair: Agreed it was an honest mistake and supports a swap. Commented that City policy is to maintain its own property and not let people encroach upon it. Millar: Agrees that a swap is best solution and future situations should be reviewed on an individual basis. Haugen: Will support a trade of square footage. MOTION BY MilLAR, SECONDED BY ERICKSON TO APPROVE THE REPORT, THAT A SWAP CONCEPT IS APPROPRIATE IN THIS SITUATION AND THE PROPERTY OWNER Will PAY COSTS ASSOCIATED WITH TRANSACTION. VOTE: Ayes by Haugen, Erickson, leMair and Millar. The motion carried. Consider Approval of an Appointment of a Councilmember for the Period of January 16, 2007, to December 31,2007. City Manager Boyles reviewed the Dornbush resignation and described the process for filling the vacancy included the requirement for sequestering candidates during the interviews to assure that all candidates have equal opportunity and no candidate would have the advantage of viewing another candidate's interview responses. Commented that seven applications were received. Noted that state statute provides for the Mayor to make an appointment if there is a tied vote on the appointment. Haugen: Stated that two candidates did not arrive in time for sequestering and were removed from consideration. Boyles: Confirmed that he advised the two candidates when they arrived for their interview that they were removed from consideration and that they agreed they received the correspondence advising them to arrive at the sequestering time. Haugen: Invited Evens to share his comments about the process. Evens: Described his perspective of the application process and the interview scheduling process. Believes the correspondence could have been more apparent in describing the expected time of arrival. Described his process of preparing for the interview. Believes he should have been called prior to 4 p.m. (his appointed interview time) to be advised that he was eliminated from the process. Believes 6