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HomeMy WebLinkAbout2010-02-03 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/3/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the request for a two -year extension for the final plat for Lehigh Acres. STAFF RECOMMENDATION Adopt the resolution approving a two -year extension for the Lehigh Acres final plat. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 1/25/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John M. Burbank dated 1/28/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 1/25/10 Planning Commission Minutes ADMINISTRATORS COMMENTS )L= <-, "_,\ /, / / //,/ /-, I , City Administrator D e COUNCIL ACTION TAKEN: SdAPPROVED ❑ DENIED ❑ OTHER l CITY OF COTTAGE GROVE MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: January 28, 2010 RE: Lehigh Acres — Final Plat Extension Proposal Gonyea Land Company, on behalf of Steven and Donald Biscoe, is requesting a second two - year extension to the final plat for the Lehigh Acres rural residential subdivision. Planning Commission Review The Planning Commission discussed the extension of the final plat at the meeting on January 25, 2010. The Commission asked why the development has not yet started. The applicant stated that it was due to the downturn in the housing market. The Planning Commission un- animously recommended approval of the extension. An excerpt from the Planning Commission minutes is attached. w `900th S reet 1X v r � c Background City Council approval of a final plat is effective for two years, unless otherwise agreed upon by the subdivider and the City Council. The project clusters 39 lots on 123 acres and includes about 35 acres of land as private open space. The lot sizes ranged from 1.5 acres to 2.44 acres. The City Council rezoned the property from AG -1, Agricultural Preserve, to R -1, Rural Residential and approved the preliminary plat on November 16, 2005. Honorable Mayor, City Council Members, and Ryan Schroeder Lehigh Acres Final Plat— Approval Extension Request January 28, 2010 Page 2 of 2 The final plat was approved on February 15, 2006. A subdivision agreement with the developer was never prepared because the developer decided not to proceed in developing this site. The final plat was never recorded at the County Recorder's office. The landowners continue to farm this property. A two -year extension of the plat approval was approved by the City Council in 2007. That extension expires on February 15, 2010. A copy of the final plat, Resolution No. 05 -195, Resolution No. 06 -024, and Resolution 07 -206 are attached. Discussion Zoning and Plat Layout The 123 acres of land platted as Lehigh Acres are zoned R -1, Rural Residential District. The fi- nal plat has not changed since its original approval by the City. If a developer does not proceed in developing this rural subdivision, the property will continue to be zoned R -1. Park Fee In Lieu of Land Dedication At the time the final plat was approved, the park fee in lieu of land dedication was $3,000 per lot. Since that time, the park fee increased twice, and is now $4,200 per lot. If the City Council ex- tends the final plat approval period, the park fee should be the amount in effect at the time the development agreement is approved by the City Council. Roadway Improvements Costs Improvements to 100th Street and Lehigh Road were required as a condition of the original ap- proval. At the time of the original final plat approval date, the developer was required to pay the city $611,500 for future improvements to both streets. New cost estimates for the improvements were completed in 2007. At that time the required road improvement costs were calculated to be $727,660. Roadwork was also recently completed to Lehigh Avenue. It is recommended that as a part of this extension request, it be required that when the final plat activities resume, the roadwork cost estimate be re- calculated and revised. The new costs will then be included in the subdivision agreement that will be reviewed by the City Council with engineering costs paid by the developer. Recommendation That the City Council grant an extension to the final plat approval period for the Lehigh Acres residential subdivision, subject to the conditions listed in the attached draft resolution. RESOLUTION NO.2010 -XXX RESOLUTION APPROVING AN EXTENTION TO THE FINAL PLAT APPROVAL PERIOD FOR THE LEHIGH ACRES SUBDIVISION WHEREAS, Gonyea Land Company, on behalf of the landowners, Don and Steve Biscoe, is requesting a second two -year extension to the City's final plat approval period for the residential subdivision named "Lehigh Acres." This plat consists of 39 rural estate lots, all of which are located on property legally described as: All that part of the East Half of the Northeast Quarter of Section 25 in Township 27 North of Range 21 West, lying North and East of Public Highway known as Old Military Road, Washington, County, Minnesota. E All that part of the West Half of the Northeast Quarter of Section 25, Township 27, Range 21, lying North and East of Military Road, Washington County, Minnesota. (Per Document No. 924384) WHEREAS, the Planning Commission held public hearings on August 22, 2005, August 29, 2005, and September 26, 2005, to review the preliminary plat application filed by LeFaver /Matthews Development. The Planning Commission had a split vote (4 -to -4) on the applications, and therefore made no recommendation to the City Council on the applications; and WHEREAS, the City Council subsequently approved the rezoning of this property from AG -1, Agricultural Preservation to R -1, Rural Residential (Ordinance No. 781) on November 16, 2005; and WHEREAS, the City Council subsequently approved the preliminary plat (Resolution No. 05 -195) on November 16, 2005, subject to 21 conditions; and WHEREAS, the City Council approved the final plat (Resolution No. 06 -024) on February 15, 2006, subject to 14 conditions; and WHEREAS, Title 10 -2 -6, Effect of Subdivision Approval, of the City's Subdivision Ordinance states that the City Council may extend the approval period by agreement with the Resolution No. 2010 -XXX Page 2 of 2 subdivider, subject to all applicable performance conditions and requirements or the Council may require submission of a new application; and WHEREAS, the City Council granted a two -year extension to the final plat approval on November 7, 2007 (Resolution No. 07 -206); and WHEREAS, the final plat was never recorded at the Washington County Recorder's office and an agreement between the developer and the City of Cottage Grove was not executed; and WHEREAS, the final plat has not been modified since its approval by the City Council on February 15, 2006; and WHEREAS, the Planning Commission, at their meeting on January 25, 2010, unanimously recommended that a second two -year extension for the Lehigh Acres final plat be granted. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves grants a second two -year extension to the Lehigh Acres final plat, subject to the following conditions: 1. All the conditions cited in Resolutions No. 05 -195, No. 06 -024 and No. 07 -206 remains in effect, except as modified is this section. 2. The park fee in lieu of land dedication at the time the developer's agreement is approved by the City Council must be paid to the City. 3. The estimated roadway improvement costs for that segment of 100th Street between Manning Avenue and Lehigh Road and the segment of Lehigh Road that abuts the Lehigh Acre subdivision shall be paid to the City at the time the subdivision agreement is approved by the City Council. 4. The final plat approval will expire on February 3, 2012. Passed this 3rd day of February, 2010. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES FROM THE JANUARY 25, 2010 PLANNING COMMISSION MEETING 6.3 Lehigh Acres Final Plat Extension Gonyea Land Company has requested an extension to the final plat approval for Lehigh Acres. McCool explained that the property owner of the Lehigh Acres subdivision requested an extension to their final plat approval. He summarized the staff report and recommended that the extension be granted. Rambacher asked why the development has been delayed for four years. Tom Evenson, Gonyea Land Company, stated that the market has held up the development. He explained that the developer that the owners initially contract with walked away from the project. Gonyea Land Company is marketing the property for the Biscoes, who are the property owners, but they have not been able to find a developer. He explained that the steps taken by the property owners to develop the property, and again reiterated that the housing mar- ket is the reason for no development on the site. Rambacher asked about the property not being connected to city sewer and water and asked if that is a marketing issue. Evenson responded that city services would not be expanded into that area of the city in the near future; the expansion is occurring in the northeast part of the city in the Military Road area. Blin agreed, noting that this area is not planned for utilities for at least 30 to 40 years. Pearson made a motion to extend the final plat approval for Lehigh Acres. Willhite seconded. Motion passed unanimously (7- to -0).