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Home My WebLink About2011-10-05 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/5/11 PREPARED BY Community Development John M. Burbank ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the conveyance of Outlot B, Kingsborough Woods 1st Addition to the residential property at 8677 70th Street South. STAFF RECOMMENDATION Approve the conveyance of Outlot B, Kingsborough Woods 1 st Addition to the residential property at 8677 70th Street South. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ MEMO /LETTER: Memo from John M. Burbank dated 9/30/11 ® RESOLUTION: Res. No. 99 -117 ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: Deed ADMINISTRATOR'S COMMENTS / /../-2 ) 7 G �t Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: September 30, 2011 RE: Conveyance of an Outlet to 8677 70th Street South Introduction The Council is requested to consider approving the conveyance of Outlot B, Kingsborough Woods 1st Addition, a .25 acre parcel (Property ID 0902721120053), to the residential property located to the north of the subject property at 8677 70th Street South, subject to conditions. Location Map I i ,. > �i 0 d....'a" •t G 70 Street S. - t 16 8 677 7,`, B ,g I s b r l Honorable Mayor, City Council, and Ryan Schroeder Outlot B Kingsborough Woods October 5, 2011 Page 2 of 4 The City was recently contacted by a party that was interested in purchasing the residential property located at 8677 70th Street. This property is foreclosed and is in bank ownership. The reason the City was contacted is that the current septic system has failed, and the prospective buyer was inquiring as to the availability and cost of connecting to public utilities. The review of the property determined that public utilities were available at the site. The buyer was presented with a preliminary cost estimate for the connection to public utilities. This included area and connection charges, SAC fees, and the project reimbursement costs for the stub installation. The costs associated with the connection of the property to public utilities could be assessed against the property. During the course of the analysis, it was determined that Outlot B was inexplicably conveyed into City ownership. Review of County deed records confirms this fact. A copy of the deed is at- tached. Additional research of the planning case file for the plat revealed that Outlot B was sup- posed to be conveyed to 8677 70th Street and combined as one taxing parcel (see Resolution No. 99 -117). The staff recollection of the creation of the Outlot was that it was done to solve a property line encroachment issue related to the location of an existing fence line and the shed location. The secretary who signed the Quit Claim Deed for the original development company was contacted for information on the ownership history. They did not recall the circumstances related to the City taking possession of the Outlot. Based on all the discovered facts, and the approving resolution of the plat, it is the recommen- dation that the Outlot be conveyed to the property located at 8677 70th Street with conditions. The Planning Commission is not required to review actions of this manner. • • • Ordinance Criteria The property is currently zoned R -3, Single Family Residential. The proposed action does not impact the zoning of the property. Comprehensive Plan The future land use designation for this property and properties surrounding the site is Low Density Residential. The proposed action does not impact the land use of the property. Property Characteristics The City -owned parcel currently has a small garden shed located on it that "belongs" to the property 8677 70th Street. There is a variety of turf lawn and mature trees located on the Outlot. Transportation Access As a component of the proposed conveyance, the City Technical Review Committee suggested that the transaction may be an opportunity to address the current access to 70th Street from the property at 8677 70th Street. Whenever the option of eliminating direct access onto major roads Honorable Mayor, City Council, and Ryan Schroeder Outlot B Kingsborough Woods October 5 2011 Page 3 of 4 is available, it is pursued by the City and County to improve roadway safety. In this case, it is recommended that in consideration for a no fee conveyance of Outlot B to the adjacent prop- erty, the driveway access location to 8677 70th Street shall be relocated off of Isleton Avenue adjacent to a location no further north than the first driveway location on the west side of Isleton Avenue. This was discussed with the future property owner and they were agreeable. — ^: 8077 F, k a u J .i Jfj 1 TCITY PROPERTY," a ' S 7� The relocation of the driveway will require review and approval by the City Engineer. The costs for the driveway apron and other items related to the modification will be the responsibility of 8677 70th Street. A new mailing address should also be assigned to the property. This can be arranged through the Planning Department. Utilities This item was discussed in the Background section of this report. Grading /Drainage No grading is proposed for the site as a component to this requested action. Park Dedication No park dedication is required as a component of the requested action. Future subdivision of the property would trigger dedication requirements applicable at the time of action. Area Charges and Assessments This item was discussed in the Background section of this report. Honorable Mayor, City Council, and Ryan Schroeder Outlot B Kingsborough Woods October 5, 2011 Page 4 of 4 Conclusion The requested action is consistent with the City's Comprehensive Plan and the Zoning ordin- ance. Based on all the discovered facts and the resolution approving the Kingsborough Woods plat, it has been determined that Outlot B should be rightfully and expediently conveyed to the property located at 8677 70th Street with conditions. a 1 I I =6.'•.; Approve the conveyance of Outlot B, Kingsborough Woods 1st Addition, a .25 acre parcel (Property ID 0902721120053), to the residential property located to the north of the subject property at 8677 70th Street S., subject to conditions. 1. Outlot B must be combined with the property at 8677 70th Street (PID 09- 027- 21 -12- 0051) as one taxing parcel in conjunction with the recording of the conveyance deed with Washington County. 2. The driveway access location to 8677 70th Street shall be relocated off of Isleton Avenue adjacent to a location no further north than the first driveway location on the west side of Isleton Avenue. The relocation of the driveway will require review and approval by the City Engineer. The costs for the driveway apron and other items related to the modifica- tion shall be the responsibility of 8677 70th Street. 3. A new mailing address shall be assigned to the property as arranged through the Planning Department. 11 RESOLUTION RESCINDING RESOLUTION NO. 99-62 AND APPROVING THE REVISED FINAL PLAT KNOWN AS KINGSBOROUGH WOODS ADDITION WHEREAS, KJK Properties, LLC has filed a revised final plat application to develop a residential subdivision known as Kingsborough Woods. This plat consists of 15 lots for unattached single - family homes and two outlots, all of which are located on property legally described as: That part of the Northeast Quarter of Section 9, Township 27, Range 21, Washington County, Minnesota, described as beginning at the intersection of the north line of said Northeast Quarter and the west line of the East 1,332.50 feet of said Northeast Quarter; thence southerly along said west line 727.79 feet more or less to the north line of Outlot B, Pinetree Pond Seventh Addition according to the recorded plat; thence westerly along said north line 599.07 feet to the east line of Block 8, Pinetree Pond Seventh Addition; thence northerly along said east line 437.79 feet to the south line of the North 290 feet of said Northeast Quarter; thence easterly along said south line 149.45 feet to the west line of the East 1,781.50 feet of said Northeast Quarter; thence northerly along said west line 290.01 feet to the north line of said Northeast Quarter, thence easterly along said north line 449.01 feet to the point of beginning, except the west 220.00 feet of the east 1,552.50 feet of the north 325.00 feet of said Northeast Quarter. WHEREAS, the Planning Commission held a public hearing on November 23, 1998 to review the preliminary plat application filed by KJK Properties, LLC to develop a residential subdivision known at that time as Gallant Oaks, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recommendation and approved the Gallant Oak preliminary plat (Res. No. 98 -228) on December 16, 1998; and Resolution No. 99 -117 Page 2 WHEREAS, the final plat is substantially consistent with the preliminary plat approved by the City on December 16, 1998; and WHEREAS, the plat name "Gallant Oaks" is already a subdivision name that is on file with the Washington County Recorder's office and for this reason, the developer has renamed the project as "Kingsborough Woods ". WHEREAS, prior to the revised final plat being adopted, the previous final plat approval granted in Resolution No. 99 -62 on May 5, 1999 shall be rescinded. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Cottage Grove, Washington County, Minnesota hereby approves the revised final plat known as Kingsborough Woods as requested by KJK Properties, LLC. The City's approval is subject to the following conditions: The developer shall enter into a subdivision agreement with the City of Cottage Grove for the installation of and payment for all public improvements in the subdivision. 2. The City's consulting engineer is authorized to prepare a preliminary feasibility ® report for purposes of estimating the costs of all public improvements for this project. 3. All drainage and utility easements as recommended by the City's consulting engineer shall be shown on the final plat. 4. All public right -of -ways and easements shall be dedicated to the City for public purposes. 5. The dimensions of each lot shall be verified on the final plat and a list containing the square footage for each lot shall be provided to the City. 6. The developer shall disclose land uses of the surrounding vacant property to homebuyers. 7. All emergency overflow swales must be identified on the Grading and Erosion Control Plan. 8. Erosion control shall be performed in accordance with the recommended practices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Section 23 -36, Erosion Control during Construction, of the City's Subdivision Ordinance. U1 Resolution No. 99 -117 Page 3 9. A barricade shall be installed at the end of all streets that are dead - ended. Mounted on the barricade shall be a sign providing notice that these streets are planned to be extended in the future. 10. The final drainage, grading, erosion, and utility plans submitted by the developer shall be reviewed and approved by the City prior to a grading permit being issued by the City. 11. The final grading plan must be reviewed and approved by the Watershed District and the Minnesota Pollution Control Agency (MPCA). Prior to the grading permit being issued by the City, the Developer, or their grading contractor must obtain a National Pollutant Discharge Elimination System Construction Storm Water Permit from the MPCA. A copy of this permit shall be given to the City. 12. A pre- construction meeting with City staff, the developer, and the developer's consultants shall be conducted before grading commences on the site. The developer /grading contractor shall provide the City with a project schedule for various phases of construction. A financial guarantee for erosion control, site grading, and street sweeping must be accepted by the City before a grading permit is issued. 13. Individual access to or from Lot 1, Block 1, which adjoins 70th Street, is prohibited. 14. Cash payment in lieu of land dedication and a recreational facility charge shall be made to the City before the final plat is released to the developer. Payment is $15,000.00 and $2,250.00, respectively. 15. The development costs for public improvements shall include payment of the street lighting utility charges for a two -year period and payment of sealcoating the public streets for the first time. These items will be included in the "petition items" of the subdivision agreement. 16. Subdivision monument sign(s) shall only be placed on private property and not on public right -of -way. If such a sign is erected on private property, the developer is responsible for advising the buyer of the lot that the continued maintenance of this sign is the responsibility of the owner or tenant of the property. If the owner or tenant decides to remove the sign, it shall be at the owner or tenant's expense. The City will not participate in the cost of its removal. It is recommended that if a subdivision monument sign is planned for this project, it should be constructed on private property before any parcel is sold. 4 Resolution No. 99 -117 Page 4 ® 17. Landscaping earth berms shall not encroach upon public right -of -way and the property owner and /or lessee shall maintain all landscape materials and landscaped areas in accordance with the approved landscape plan. This requirement shall run with the land and be binding upon all future property owners. 18. A financial guarantee in an amount equal to 150 percent of the estimated cost for the installation and materials to complete all required landscaping must be submitted. The estimated cost figure shall be provided by the developer and approved by the Community Development Department. 19. Exclusive of boulevard trees and yard sod improvements to each lot, all landscaping and site improvements shall be completed within 360 days after site grading has been completed. 20. Upon completing site grading, four copies of an "As- Built" survey for the site grade elevations shall be submitted to the City. 21. Th conditions of approval stipulated in City Resolution No. 98 -228, a resolution approving the preliminary plat, shall be complied with. ® 22. The undevelopable Outlot B shall be combined with the parcel in the northeast corner of the plat (09- 027 -21 -12- 0001). Passed unanimously this 21 st day of 4kly 1999. John D. DdOzer, Mayor Attest: /rJ Caron M. 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