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7. Discussion on Deferred Park Dedication FeesSC DILA Staff Report Date of Meeting: January 3, 2018 To: City Council From: Neil Soltis, Administrator Re: Deferred Park Dedication Fees Background: During the discussion regarding funds for park improvements at the September Council work session the issue was raised about previous actions by the Council in approving a minor subdivision to allow the payment of the park dedication fees to be deferred. Councilmember Schneider requested further discussion on the deferrals. The development code does provides for the deferred payment of fees for future phases of a subdivision or for outlots subject to the payment in the future when the lands are replatted or final plats are approved. In looking at the deferrals it is also relevant to look at the findings for the park dedication fee in the development code which speak to new development creating a need for new parks, open spaces, and trails and the need for new developments to share a rough proportion of the burden that will be placed on the parks. Resolution 03-19-13-06 - The fee was deferred on this outlot with the condition that the outlot not be developed for residential use at this time, and that the proposed use of outlot will be recreation. The development agreement indicates that the park dedication fee of $3, 000 shall be waived based on the proposed use of the outlot, and that the City shall require payment of the fee in the future if the lot is approved for development. This is consistent with the language in the development code and appropriate based on there being no additional burden placed on the parks. Resolution 08-20-13-02 — In this instance approval was given to subdividing the existing 33.2 -acre parcel and 1. 79 —acre outlot into 2 parcels, a 10. 1 acre parcel (lot 1) and the existing 25 acre parcel. The park fee is due when a building permit is issued for lot 1; however, prior to that occurring the developer or property owner would need to extend the street and construct a cul-de-sac. The basis for deferral in this circumstance is not as clear. One could argue that the lot cannot be developed until the street is extended; however the same logic could be used for any subdivision. CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 3-19-13-06 APPROVING MINOR SUBDIVISION AND VARIANCE 14925 OAKHILL ROAD NORTH WHEREAS, Mary Louise Simonson has made an application for a minor subdivision and variance for the parcel located at 14925 Oakhill Road North, and WHEREAS, the property is legally described as follows: Lot 43 and part of Lot 44 County Auditor's Plat No. 6, located in the North Half of Section 23, Township 32 North, Range 20 West, Washington County, Minnesota. WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on March 5, 2013, and recommended approval of the minor subdivision and variance; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the minor subdivision and variance to allow the subdivision of the existing 30.8 -acre parcel into 2 parcels, including Lot 1 consisting of 5.01 acres and Outlot A consisting of 25.81 acres; and a variance from the lot width and frontage requirements to allow Outlot A to have 208.03 feet of frontage on Oakhill Road North and a variance from the lot width requirement at the roadway; and a variance from the lot width requirement of 300 feet at the OHWL and setback from the OHWL for Lot 1. The minor subdivision and variance are granted based on the following findings: 1. The request is consistent with the goals and policies in the Comprehensive Plan and the intent of the General Rural District to allow single-family residential uses and recreation uses in the General Rural District and Shoreland Zone. 2. A lot line configuration that would meet the frontage requirement and requirements for lot width at the OHWL and setbacks from the OHWL and roadway would create conflicts with at least two other code requirements—it would result in an irregular lot line, and Lot 1 would no longer have the required buildable area. 3. The purpose of the roadway frontage requirement is to control the number of driveways with access to public roadways. Granting the variance for this subdivision will result in Resolution No.: 03-19-13-06 Page 2 of 3 the same number of driveways as if the subdivision met the requirement for 300 feet of frontage on each lot. Granting the variance will not violate the intent of the control. 4. The purpose of the lot width requirement at the OHWL and setback from the OHWL and roadway is to control the density of lots and homes within the Shoreland District. Granting the variance for this subdivision will result in the same number of lots as would occur if the lot width requirements were met. Granting the variance will not violate the intent of the control. 5. The proposed single-family residential use and recreation use are reasonable under the Development Code. 6. The practical difficulties are related to the location of the existing home and accessory structures on Lot 1, the size and configuration of the existing lot, and the location of the wetland. 7. Granting the variance will not alter the essential character of the area. 8. The practical difficulties are not related to economic conditions alone. 9. The structure will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. 10. The requested variance is the minimum action required to eliminate the practical difficulty. 11. The proposed subdivision will not affect direct solar access for surrounding properties. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: The minor subdivision shall be in substantial compliance with the Preliminary Plat, dated March 11, 2013. 2. The applicant shall complete and sign a Development Agreement with the City that specifies the ownership of Outlot A, that Outlot A shall not be developed for residential use at this time, and that the proposed use of Outlot A will be recreation. 3. The Development Agreement shall indicate that the park dedication fee of $3,000 shall be waived based on the proposed use of the Outlot, and that the City shall require payment of the fee in the future if the lot is approved for development. 4. The Development Agreement shall include a requirement that the right-of-way of County Road 52 (Oakhill Road North) be expanded to 120 feet if development occurs in the future on Outlot A. 5. The applicant or property owner shall obtain a County right-of-way permit for any work within the County Road 52 right-of-way. Resolution No.: 03-19-13-06 Page 3 of 3 6. The owner of Outlot A shall obtain a County Access Permit for Outlot A if the owner adds a driveway to access the parcel from County Road 52. 7. The applicant shall obtain the required Watershed District Permit. 8. No accessory structures shall be constructed on Outlot A before construction of a primary residential structure. 9. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 19th day of March, 2013. cting Mayor ATTEST: Kristina Handt, Administrator/Clerk CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 8-20-13-02 APPROVING MINOR SUBDIVISION FOR 11489 — 239TH STREET NORTH WHEREAS, Scott and Cheryl Bakken have made an application for a minor subdivision for the parcel located at 1 1489-239`t' Street North, and WHEREAS, the property is legally described as follows: Parcel One That part of the Northwest Quarter of the Northwest Quarter of Section 5, Township 32, Range 20, Washington County, Minnesota, lying West of the plat of Shady Oaks, according to the United States Government Survey thereof and situate in Washington County, Minnesota Parcel Two Outlot A of the Plat of Shady Oaks, Washington County, Minnesota, according to the recorded plat thereof, and situate in Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 6, 2013; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and Nearby does approve the minor subdivision of the existing 33,2 -acre parcel and 1.79 -acre outlot at 1 1489-239`x` Street North into 2 parcels, including Lot 1 consisting of 10.1 acres and the existing parcel consisting of approximately 25 acres. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The minor subdivision shall be in substantial compliance with the Preliminary Plat submitted to the City on August 9, 2013. The applicants shall submit the Final Plat to the City for approval, provide copies of the deed(s) granting any required easements, and provide a copy of the document showing that the Final Plat was recorded at Washington County. Resolution No.: 08-20-13-02 Page 2 of 2 2. The applicants shall revise the Preliminary Plat and provided additional plans as requested to address the City Engineer's comments included in the letter dated July 25, 2013. 3. The applicants shall construct the cul de sac before the City will approve a building permit for Lot 1. 4. The applicants shall pay the required park dedication fee before the City will issue a building permit for Lot 1. 5. The applicants shall complete a Developer Agreement with the City for the proposed subdivision and improvements. 6. The applicant shall obtain any required Watershed District Permits. 7. The applicant shall obtain a grading and land alteration permit from the City prior to beginning construction of the cul de sac. 8. No accessory structures shall be constructed on Outlot A before construction of a primary residential structure. 9. All construction work shall be completed within City -approved working hours. 10. The applicants shall schedule a Preconstruction Meeting with City staff prior to any mobilization of construction equipment or material. 11. The applicants shall complete a Gopher State One Call prior to the start of any excavation work. 12. Buildings or other structures developed on Lot 1 shall meet the setbacks, dimensional requirements, and other standards included in the Development Code. 13. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 20th day of August, 2013. Randall Simonson, Mayor ATTEST: _di 4PKIJ?T ! Kristina Handt, Administrator/Clerk