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HomeMy WebLinkAbout4C - Lakefront Woods SIJ06C2 AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: STAFF AGENDA REPORT CONSENT (c) DEB GARROSS, DRC COORDINATOR CONSIDER REQUEST TO EXTEND FlUNG DEADLINE FOR THE PLAT OF LAKE FRONT WOODS. DECEMBER 6, 1993 On November 16, 1993, staff received a letter from Carolyn Abbott requesting the City Council to grant a 60 day extension for filing the final plat of Lakefront Woods with Scott County. The applicant is in the process of resolving title issues related to the property and believes that all issues can be resolved by January 23, 1993. Subdivision Ordinance 87-10, Section 6-3-4 (G) permits the City Council to grant up to one, sixty day extension for the filing of a final plat with Scott County: "The subdivider has sixty days from the date of final approval to record the final plat and relevant documents with Scott County. Any final plats that are not filed within sixty days of final plat approval shall become null and void. The Council may extend the recording time for sixty days upon written request by the subdivider or for other good cause as determined by the City Council. " The final plat of Lakefront Woods was approved on May 17, 1993, subject to the fifteen conditions outlined in Resolution 93-37 and eight conditions outlined in the staff report. As of September 23, 1993 all conditions of final plat approval were met with the exception of payment of fees. This particular project involves off site wetland mitigation done in conjunction with the City of Prior Lake. The City Engineer requested that the developer wait until fall, to begin the mitigation process to reduce the potential for damage to Rutledge Street due to pond excavation and filling activities. As a result, staff determined the final plat expiration date to be November 23, 1993 based upon the fact that all conditions of the final plat were satisfied as of that date with the exception of payment of fees and the wetland mitigation measures requested by the City. The Plat of Lakefront Woods was set to expire on November 23, 1993. Staff mailed two letters to the applicant advising them of the plat expiration date. Prior to November 23, staff received a letter -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlOYER from Carol Abbott requesting a sixty day filing extension, to January 23, 1993. This request is being placed upon the City Council agenda in as timely manner as possible. Staff has no objection to the extension request and recommends that the City Council grant a maximum 60 day extension to January 23, 1994. Please note that there is no gain to the developer nor City if the plat is allowed to expire. The applicant can file another final plat, consistent with the preliminary plat approval. The result of not granting an extension would be that another hearing before the City Council would need be scheduled for final plat approval requiring the payment of another $30.00 dollar final plat fee by the applicant. The consequence of allowing the plat to expire is that the improvements to the Fish Point Park pond, desired by the City, may not be accomplished this year. The City Engineer feels it is necessary to complete the pond mitigation work by mid February. One additional note, the fee amounts associated with the final plat are valid through December 31, 1993. After January 1, 1993 the fees will be adjusted according to the 1994 fee schedule adopted by the City Council. The developer has the option to pay the fees at the 1993 rate until December 31 st or be subject to a possible increase in fees based upon the 1994 fee schedule. ALTERNATIVES: 1. Grant a 60 day filing extension for the final plat of Lakefront Woods as requested by the developer. 2. Table or continue this item for specific reasons as determined by the City Council. 3. Deny the time extension request which Would render the plat null and void as of November 23, 1993. RECOMMENDATION: Alternative #1. With the condition that pond mitigation be complete by February 23, 1993. . ACTION REQUIRED: A motion as part of the consent agenda to approve an extension date for filing the final plat of Lakefront Woods to January 23, 1994. -2- i .! ,!~ ! '\.. ~ i ~ i: ,~ I I i ~ ~~. i:~ I I I , I ; , I J L~ "~ i~ ~ \(j , ~ .. .-.--..----- , I ! I I , , I I I I I ! I J i I I . --.- -...-.- :~.: .!~' ~ '\ i i I I I ! I I I I : I , I I I i ! ' -r - I '- November 8. 1993 Carol Abbott 4839 Rutledge Street Prior Lake. MN 55372 RE: Second and Final Notice of Pending Plat Expiration for Lakefront Woods Dear Ms. Abbott: This letter is in regards to the final plat of Lakefront Woods. The final plat was approved by the City Council on May 17. 1993. subject to the fifteen (15) conditions outlined in Resolution 93-97 and the eight (8) conditions outlined in the Staff Report. On October 5. 1993. a letter. similar to this. was mailed to you. identifying that the plat of Lakefront Woods will expire on November 23. 1993. in the event it is not filed with Scott County. The Prior Lake Subdivision Ordinance Section 6-3-4. identifies that a subdivider has sixty (60) days from the date of final approval to record the final plat and relevant documents at Scott County. Any final plats that are not rued within the sixty (60) days of final approval shall become null and void. The Council may extend the recording time for sixty (60) days upon WIitten request by the subdivider for a good cause as determined by the City CouncU. Please be advised that as of September 23. 1993. all of the conditions of final plat approval have been met with the exception of payment of park dedication fees and collector street fees. Therefore. the sixty (60) day period would begin September 23. 1993. Please be advised that the plat of Lakefront Woods will expire on November 23. 1993. At this point. the plat has been signed and is ready to be released subject to the payment of Park Dedication fee of $4.560.00. and Collector Street fee of $1.400.00. If you have any questions related to the fees. please contact Bruce Loney. Assistant City Engineer at 447-4230. The final plat mylars are available through the Planning Department and may be picked up upon payment of all required fees. If you have any questions regarding the information provided.in this letter. please contact me at 447-4230. , SfD7)' I l 1){f)(}4J vPeo tJrC>> Assistant City Planner DRC Coordinator DG:Jas cc: Lyle Bakken Bruce Loney Frank Boyles 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ,- October 5, 1993 Carol Abbott 4893 Rutledge Street SE PriorLake,~55372 Dear Ms. Abbott, 'This letter is in regards to the fmal plat of Lakefront Woods. The final plat was approved by the City . Council on May 17, 1993, subject to the f1fteen (15) conditions outlined in Resolution 93-37 and the eight (8) conditions outlined in the Staff Report. Attached please see copies of Resolution 93-37, Staff Report and City Council minutes dated May 17, 1993. The Prior Lake Subdivision Ordinance Section 6-3-4, identifies that a subdivider has sixty (60) days from the date of final approval to record the final plat and relevant documents at Scott County. Any final plats that are not filed within the sixty (60) days of final approval shall become null and void. The Council may extend the recording time for sixty (60) days upon written request by the subdivider for a good cause as deteIDlined by the City Council Please be advised that as of September 23, 1993, all of the conditions of final plat approval have been met with the exception of payment of park dedication fees and collector street fees. Therefore the sixty (60) day period would began September 23, 1993. Please be advised that the plat of Lakefront Woods will expire on November 23, 1993. At this point. the plat has been signed and is ready to be released subject to the payment of Parle Dedication fee of $4,560.00, and Collector Street fee of $1.400.00. If you have questions related to the fees. please contact Bruce Loney, Assistant City Engineer at 447-4230. The final plat mylars are available through the Planning Department and may be picked up upon payment of all required fees. If you have any questions regarding the infoIDlation provided in this letter, please contact me at 447-4230. S]jld~ Deb Garross Assistant City Plarmer DRC Coordinator Enclosures: Resolution 93-37 City Council Minutes 5/17193 Staff Report 5/17193 cc: Lyle Bakken Broce Loney 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMP1..DYER "RS9337" RESOLUTION 93-37 RESOWTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH ITEMS TO BE COMPLETE PRIOR TO RELEASE OF, AND RECORDING OF HARDSHELL FOR LAKE FRONT WOODS. MOTION BY: FITZGERALD SECONDED BY: KEDROWSKI WHEREAS, the City Council has approved the Final Plat of Lake Front Woods; NOW, THEREFORE, BE IT RESOLVED BY LAKE, MINNESOTA, that it should following items to be complete, recording of said plat: 1. The hardshell dedication, language and format be subject to approval by the city Attorney. THE CITY COUNCIL OF PRIOR and hereby does require the prior to release of, and 2. A title opinion for the plat be acceptable to the City Attorney. 3. Payment of all required fees including but not limited to a $4,560 dollar park dedication fee, and $50.00 dollar grading permit fee. 4. The unit assessment redistribution for water and sewer will be $665.99 per lot. These assessments have a remaining term of 1 rear. The unit amount for storm sewer will be $47.20 and w1ll be re-certified for a period of 2 years. 5. Prior to issuance of a grading permit, an estimated cost of the wetland mitigation shall be submitted in order for the City to determine the amount of the letter of credit. The developer is responsible to pay all costs associated with the wetland mitigation plan. 6. A grading permit to im~lement the wetland mitigation plan be submitted consistent w1th requirements of the city Engineer. 7. Submittal of a utility and drainage areas of proposed Lots 1 and 2, as Engineer. 8. All outstanding conditions outlined for the preliminary plat be satisfied. easement over the required by the low City 4629 Dakota 51. S.E.. Prior Lake. Minnesota 55372 Ph. (612) 447-4230 Fax (612) 447-4245 9. Park support fees in accordance with City POlicy, be paid at the time of building permit. 10. A soils Engineer will be required to verify the house pad_ construction and certify the pad for acceptance to the City prior to issuance of a building permit for the lots. 11. Building permits shall not be issued until a contract has been awarded for the construction ,of municipal sewer and water. Occupancy permits will not be issued until improvements are accepted by the City Engineer. 12. No building permits shall be issued until the Final Plat is filed and recorded with Scott County. 13. Homes built upon lots within the subdivision will be subject to architectural controls, the 22% lot coverage ratio, and 30% impervious surface coverage as provided by City Ordinances. Submittal of 4 sets of mylar copies of the all required signatures and reduced copies to the following scales: 1" = 200', 1" reduction at no scale which will fit on an of paper. 15. The, "city Copy" hardshel1, containing all required signatures be returned to the Prior Lake Planning Office prior to issuance of any building permits for the plat. 14. entire plat with of the entire plat = 800' and one 8 1/2 x 11" sheet Passed and adopted this 17th day of May, 1993. Yes No Andren Fitzgerald Kedrowski Scott White x X- X- X- X- Andren Fitzgerald Kedrowski Scott Whit Lake {Seal} RECOMMENDATION: ACTION REQUIRED: comprehensive Plan, Subdivision Ordinances. Alternative 1 or 2. zoning and plat of variances to the A motion to approve the preliminary Lake Front Woods and 10' front yard for Lots 4, 5( and 6. subject following condit1ons: 1. Driveway location and individual service lines should be placed in close proximity and their location be subject to approval of the City in order to minimize tree loss and provide adequate positive drainage. 2. A wetland vegetation buffer and replacement plan be approved by the city Engineer. A wetland vegetation buffer strip located 10' from the ordinary-high-watermark of each pond planted with the wet meadow seed mixture suggested by Pat Arlig of Maier Stewart & Associates shall be required. 3. The wetland mitigation plan for the site must be implemented contemporaneously with improvement of the pond in Fish Point Park. 4. Erosion control and grading permit plans be submitted acceptable to the city Engineer. 5. storm water drainage calculations for the swale between Lots 4 and 5 must be submitted for the 10 year and 100 year storm events. 6. The a~plicant must obtain necessary extens10ns for the Army Corps. of Engineer permit arid appropriate permits from the priot Lake/Spring Lake Watershed district prior to grading and filling of the site. 7. The upstream end of the pond in Fish Point Park should have riprap installed to protect the wetland slopes from eroding. 8. The fill location shown on the Fish point Park wetland plan is incorrect. A revised drawing indicating the correct fill location as approved by the city Engineer must be submitted. A motion to approve the final plat of Lake Front Woods. A motion to approve Resolution 93-37 with any additions deemed appropriate by the City Council. COMMENTS: 1. Pat Lynch of the DNR stated that he has no objection to the subdivision nor variances as proposed. 2. Dave Camper of 4770 Rutledge Street will be out of town during the public hearing but wanted to file the following objection to the proposal: He is opposed to the filling of the wetland on proposed Lots 5 and 6 due to concern about loss of view of the pond and that the building pads would not be suitable for home construction. He is opposed to the variances requested because the homes will be much closer to the road than existing homes within the neighborhood. The resulting construction would have a negative aesthetic impact on the neighborhood. Mr. Camper feels that the neighborhood has a right to a view of the ponds and objects to the placement of homes which would block the view. - 3. Robert Johnson, 15156 Fish Point Road S.E. is o~posed to wetland mitigation plan which calls for improv1ng the located in Fish Point Park. See attached letters reference to the specific objections. ~e pond for