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Home My WebLink About2012-02-15 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/15/12 , PREPARED BY Community Development John McCool 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 BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY El SUPPORTING DOCUMENTS FG $N /A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 2/6/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Exhibits ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: February 6, 2012 RE: Lehigh Acres — Final Plat Extension Proposal Gonyea Land Company, on behalf of Steven and Donald Biscoe, is requesting a third two -year extension to the final plat for the Lehigh Acres rural residential subdivision. A copy of their written request is attached. Project Description This project consists of 39 rural estate lots located on a tract of land that is approximately 123 acres in area. This project is located between Lehigh Avenue and Manning Avenue (State Hwy 95) and south of 100th Street. The estate lots range between 1.5 acres to 2.44 acres in size, with an average lot area of 1.85 acres. The large private common open space will be owned and maintained by a homeowners association and consists of three outlots with a combined area of 29.3 acres. A private well and septic system is proposed for each of the 39 lots. A copy of the final plat as approved on February 15, 2006, is attached. 1 0th S eet r '!.fi. r X. > U`"� f efY f /Tiff /f��/ /�JF Ff RCS r ff The estate lots range between 1.5 acres to 2.44 acres in size, with an average lot area of 1.85 acres. The large private common open space will be owned and maintained by a homeowners association and consists of three outlots with a combined area of 29.3 acres. A private well and septic system is proposed for each of the 39 lots. A copy of the final plat as approved on February 15, 2006, is attached. Honorable Mayor, City Council Members, and Ryan Schroeder Lehigh Acres Final Plat Extension February 6, 2012 Page 2 of 2 Background The City Council initially approved the Lehigh Acres final plat on February 15, 2006 (Resolu- tion No. 2006 -024). 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 and none of the public improvements were constructed. The landowners continue to farm this property. The first two -year extension of the plat approved by the City Council was on November 7, 2007. A second two -year extension was granted on February 3, 2010, and a copy of Reso- lution No. 2010 -014 approving that extension is attached. Effect of Subdivision Approval The City's Subdivision Ordinance regulations provides a provision for the City Council to con- sider an extension to the final plat approval as long as there is no change to the use, develop- ment, density, lot size, lot layout, or land dedication. Any change to the final plat will require the property owners to file a new preliminary plat application. For the Lehigh Acres subdivision, no changes have been made since its approval by the City Council on February 15, 2006. 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. 2012 -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 third 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. N 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 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 on February 3, 2010 (Resolution No. 2010 -014); and Resolution No. 2012 -XXX Page 2 of 2 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 third 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, No. 07 -206, and 2010 -014 remain 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 be- tween 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 sub- division agreement is approved by the City Council. 4. The final plat approval will expire on February 15, 2014. Passed this 15th day of February, 2012. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk Fab 04 12 1217p BISCOE FROM ; DoN January 30' 2012 Mr. John Burbank Mr. John McCoot SeniorPlanners City of oottage Grove 7516 Se St reet South Cottage Grove, MN. 55{ Dear Mr. Burbank, Because of the eco 711 No as 6514367679 p.2 FAX NQ - 14603540329 Feb. 03 2012 11:57AM P1 conditions of the past 2 years, I'm at the direction of my clients, Donald Biscoe to apply for a 2 year extension of the Final Plat Approval of the 39 lot road 'Lehigh Acres '. Resolution No. 06-024, to answer any questions you orthe council Mernbers may have concerning ituvol expires Oft February 15'", 20:12 we rawest that this item be Placed on the incil ! agenda togain approval for our request before our final Plat Approval expir% to find a developer to complete this project. ime Ind expert k' re tbrict ming this roatter an 6 the CiWs wiffingne" tb help us bring Dam RESOLUTION NO. 2010.014 PERIOD •• THE LEHIGH ACRES 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. M 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 rCCJUIUUVII IVV. A'V IV V 1'Y 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. yron Baile , ayo Attest: -7L M.&A,�, Caron M. Stransky, City Cl�