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2014-05-22 - Council Agenda Packet - Part 2
Agenda Item L A N D F 0 R M • From Sit::.- to Fim,J -i 105 South Fifth Avenue Tel: 612 - 252 -9070 Suite 513 Fax: 612 - 252 -9077 Minneapolis, MN 55401 www.landform.net TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: April 28, 2014 for the May 22, 2014 City Council Meeting RE: Request for Metropolitan Agricultural Preserve Designation, Initiation of Expiration 153.5 acres of land owned by Donald and Ann Scherber (PID 17- 119 -23 -11 -0001 and 08- 119 -23 -42 -0002) (city file no. 14 -002) REVIEW DEADLINE: June 16, 2014 1. Application Request The landowner is requesting City approval to reenroll this land in the Metropolitan Agricultural Preserve Program and initiate expiration. 2. Background The property owned by Donald and Ann Scherber includes approximately 153.5 acres on two separate parcels. Both properties are designated as Agricultural Preserve on the 2030 Future Land Use Map and zoned Rural Residential. Once entered into the program, the property must retain long -term agricultural (Agricultural Preserve in Corcoran) status, with a maximum residential density of one house per forty acres. The owner must sign an eight -year perpetual covenant /agreement to leave the property in agricultural use, and farm using acceptable practices. In return, there are number of benefits to a landowner who enters into this program, including the fact that special assessments cannot be levied on Agricultural Preserve property. 3. Analysis The City has discretion when considering designating land as Agricultural Preserve and must determine whether the designation has any negative impact for the City. The Comprehensive Plan states "The City of Corcoran encourages the continuation of agricultural use within the community. This policy expresses the City's endorsement of the Metropolitan Agricultural Preserves program. All land parcels in the City that meet the requirements for eligibility in the Metropolitan Agricultural Preserves program according to Minn. Stat. Section 473H may apply to the City for enrollment. This policy is not intended to interfere with agricultural status of any lands prior to adoption of the Comprehensive Plan." The subject properties are designated as Agricultural Preserve on the 2030 Future Land Use Map, are located outside of the Metropolitan Urban Service Area (MUSA), and have been agricultural Landform*, SensiblyGreen� and Site to Finish are registered service marks of Landform Professional Services, LLC. M G n preserve properties since February 13, 1986. The Agricultural Preserve status expired on March 23, 2013. According to §473H.10, the owners have until June 1St of the next year's taxes (June 1, 2014) to reenroll without losing their Agricultural Preserve status. The applicants have also initiated expiration of Agricultural Preserve status for the subject properties. The Agricultural Preserve designation will expire eight years after the date of enrollment. Staff finds that the application for enrollment and initiation of expiration complies with the Agricultural Preserve standards. 4. Recommendation Move to recommend approval of the following: a. Resolution approving Agricultural Preserve Designation and Notice of Expiration Attachments 1. Resolution Approving Ag Preserve Designation and Notice of Expiration 2. Aerial Location Map 3. Land Use Map 4. Agricultural Preserve Application Scherber Agricultural Preserve Designation (city file 14 -008) May 22, 2014 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -26 Motion By: Seconded By: May 22, 2014 A RESOLUTION APPROVING A REQUEST FOR METROPOLITAN AGRICULTURAL PRESERVE DESIGNATION AND INITIATING EXPIRATION OF THE DESIGNATION FOR TWO PARCELS TOTALLING 153.5 ACRES OF LAND OWNED BY DONALD AND ANN SCHERBER (PID 17- 119 -23 -11 -0001 and 08- 119 -23 -42 -0002) WHEREAS, the below described parcels are located outside of the Metropolitan Urban Service Area (MUSA); WHEREAS, the owners of the described parcels have made official application for their designation as an agricultural preserve; and WHEREAS, the owners have also submitted notice of withdrawal, which would remove the property from Agricultural Preserve in 8 years; WHEREAS, the requirements regarding size, covenants, development density and other stipulations of the act are deemed legally satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that the following property legally described below is hereby designated as Agricultural Preserve: PID: 17- 119 -23 -11 -0001 That part of the Northeast 1/4 lying North of County Road 10 and East of the West 3 acres thereof, except road, in all of Section 17, Township 119, Range 23, Hennepin County, Minnesota according to the recorded plat thereof. PID: 08- 119 -23 -42 -0002 The North' /2 of the Southeast' /4 of Section 8 and the Southwest' /4 of the Southeast' /4 of Section 8, except roads, all in Section 8, Township 119, Range 23, Hennepin County, Minnesota, according to the recorded plat thereof. The West 3 acres of that part of the Northeast' /4 of Section 17 lying North of County Road 10 except the West 200.5 feet thereof, except road, all in Section 17 Township 119, Range 23, Hennepin County, Minnesota, According to the recorded plat thereof. FURTHERMORE, approval of the Agricultural Preserve Designation is approved contingent upon filing both the entry and withdrawal applications concurrently. BE IT FURTHER RESOLVED, the above properties are classified as "Agricultural Preserve" in the 2030 Future Land Use Plan of the Comprehensive Plan and the related zoning district, which will create more stringent zoning for the duration of the requested designation. No subdivisions can occur unless and until said properties are removed from the Agricultural Preserve Program. Page 1 of 2 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -26 VOTING AYE VOTING NAY ❑ Guenthner, Ken ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Asleson, Rich ❑ Cossette, Tom ❑ Cossette, Tom ❑ Lynch, Diane ❑ Lynch, Diane ❑ Thomas, Ron ❑ Thomas, Ron May 22, 2014 Whereupon, said Resolution is hereby declared adopted on this 22nd day of May 2014. ATTEST: Jeanie Heinecke — Clerk Kenneth Guenthner - Mayor Page 2 of 2 City Seal 4/25/2014 Hennepin CountyGIS - Printable Map ProHer�n�ira Maps or� S .r � a L - - 1 Ix -.. .. Add Parcel Map Scale: 1 "= 1600 ft. N 17- 119 -23 -11 -0001 A -T -B: Abstract ID: Print Date: 4/25/2014 Owner Donald AScherber Etal Market $248,600 Name: Tota I: Parcel 52 Address Unassigned Tax $1,020.40 Address: Corcoran, MN 00000 Total: (Payable: 2014) Property Ag Preserve Sale Type: Price: This map is compilation of data from various sources and is furnished "AS IS" with Home- Sale no representation or warranty expressed or stead: Homestead Date: implied, including fitnessof any particular purpose, merchantability, orthe accuracy and completeness of the information shown. Parcel 36.09 acres Sale Area: 1,571,991 sq ft Code: COPYRIGHT © HENNEPIN COUNTY 2014 i -n,;., 1, f° - -I hftp: //g is.co.hennepi n.mn.us /PropertVpri nt/default.aspx?C= 452716.3600457201, 4996713. 603886208 &L =4 &T= hybrid &D = true &LID =O &F I D= 1711923110001 &VIS... 1/2 1 1 i 1 i i 1 1 1 ° i w z 1 W W � 1 cL 0 1 U 1 8/9/2018 T�1 ca ..J t i` SCOTT LAKE 0 x z z J J 0 OAK0ALE OR V-V _!6 QI 10/20189 l� E =I I= 11=11 =I I= ............................ MORIN LAKE n N J � Q Q _ O z Je z MEISTER 7/24/201817/24/20 . -_z Nz4o;_ cRFFk ii_ , ��_■ w 1 0 1 w CL 1 1 0 U KOOK :LAKE OF 4/27/2022 li y, 4/27/2022` Opp eP sF a/J 1 HORSESHOE TR L W i L_ - I 1 1 - GLEASON ROAD � 1 1 1 Figure 8 mw,,oj to Lei ERA Me 2030 Future Land Use Plan 2030 Comprehensive Plan N Wd; `01"-E S 3,000 1,500 0 3,000 Feet =..M 1�..� City Limit Staging Boundaries Wetlands Rural /Ag Residential Existing Residential Low Density Residential Medium Density Residential Mixed Residential — High Density Residential Rural Service /Commercial — Commercial Mixed Use Business Park Light Industrial — Public /Semi - Public Parks /Open Space — Golf Course Agricultural Preserve (Date of Expiration) Open Water 'The Future Land Use plan depicts the location and intensity of future development through a variety of land use types. This plan is intended to guide future development however the City has discretion to amend (with Metropolitan Council approval) the plan in response to landowner/ developer requests or response to other system plans. Updated April 2014 Adopted June 2011 METROPOLITAN AGRICULTURAL PRESERVES RESTRICTIVE COVENANT THIS AGREEMENT,, made and entered into this dray of 1 . d, - °V, J�A t 1 J-� ) .� .-sr. �r� � / t`( hereinafter collectively referred to as Landowner(s); AND the County, Minnesota, 20 by and between _`Rec� o� r e O Herµ ; Contract for Deed Vendor(s) (Sellers), if any; Contract for Deed Vendee(s) (Buyers), if any; of (NOTE: Above named Landowner(s) must be identified as husband and wife, a single person, a Partnership, a (State) Corporation, a Trustee of a Trust (describe), a Guardian or Administrator of an Estate (describe) whatever the case might be ff property is homestead spouse must join whether their name is on record or not — if property is non- homestead and spouse doesn't join -- then a statement must be put at end of legal description that it is non - homestead.) WITNESSETH: WHEREAS, the Landowner(s) above named are the owners of the tract of land (the Land) in the County of 0. State of Minnesota, legally described as: (IF TORRFNS PROPERTY --Use description from Certificate of Title, verbatim; IF ABSTRACT PROPERTY — Use description from abstractor deed, ifpossible, or get itfi-om your county auditor. Use an additional sheet ifextra space is needed. Be sure to state your-parcel identification number and whether or not your property is homesteaded.) Parcel identification number: i I _//1_L1__3 / ` 000 `i h Homestead or Von- homestead. Legal Description: d I 9 �R 2 (Circle one) WHEREAS, the Landowner desires to receive the benefits of participation in the State of Minnesota Metropolitan Agricultural Preserves Program established by Minn. Stat., Chapter 473H, and has made application for initiating placement of the Land into a Metropolitan agricultural preserve, a copy of which is attached hereto and incorporated herein as Attachment A; and WHEREAS, the Land described herein is classified as agricultural pursuant to Minn. Stat., Section 273.13 and has (have) approved and certified this Land as being eligible for designation as an agricultural preserve; a copy of the affidavit evidencing that the land is certified long -term agricultural is attached hereto and incorporated herein by reference as Attachment B; WHEREAS, Minn. Stat., Section 473H.05, requires that the applicant complete and file as part of his application a "restrictive covenant which shalt constitute an easement running with the land "; NOW, THEREFORE, in consideration of receipt of the benefits of participation in the State of Minnesota Metropolitan Agricultural preserves Program, the Landowner on behalf of himself, his successors and assignees, agrees and covenants as follows: 1, The Land herein described shall be kept in agricultural use. Agricultural use as that is used herein means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use. 2. The Land herein described shall be used in accordance with the provisions of Minn. Stat., Chapter 473H which exist on the date of this covenant. Minnesota Department of Agyiculwre 625 N. Robert St. St. Paul, Minnesota 55155 -2538 651- 201 -6369 Page 1 AG- 00869 -02 2;`24109 3. This Restrictive Covenant shall be binding on the owner, or his successors and assignees, and shall be an easement running with the land. Duration. This Restrictive Covenant shall be in force and effect in accordance with the aforementioned statute: a. until expiration initiated pursuant to Minn. Stat., Section 473H.08 becomes final; b. until the agricultural preserve is terminated by executive order of the Governor; or C, until the Land is acquired by eminent domain; all in accordance with Minn. Stat., Chapter 473H. Enforcement: This Agreement and Restrictive Covenant may be enforced by the or the State of Minnesota, or by an interested person, by appropriate action in the courts of the State of Minnesota. This instrument was completed by on a fonn prepared and approved by the Minnesota Deparnment of Agriculture, 625 N. Robert St., St. Paul, Minnesota 55155-2539. IN WITNESS HEREOF, the parties to this agreement have caused this instrument to be executed on the day and year first above written. (To be signed in the presence of a notary public with exact same name as on page 1.) Witnessed Si nature 9f Record Fee O tiers : Witnessed Signature of Contract for Deed Vendors Sellers if any: Witnessed Signature of Contract for deed Vendee s Bu ers if any: Witnessed Signature and Title of Public Officer: of (Signature and Title or Position of Local Authority) For Individual or Husband/Wife: State of M ; Y} County, Minnesota ) SS County of 4?vxQ0rl ) The foregoing instrument was acknowledged before me this 1t47 day of °��(. 20—/�—, by A- S c hlc� gg— (Prin or identity qg�nature ge 1.) JFANENE L HER, ECKE NOTARY PUBLIC- MINNE50TA of Notary ub is Ntl Commission Expires Jan. 31, 21}15 ntission Expires r - For Individual or Flusband /Wife: State of ) ) SS County of ) The foregoing instrument was acknowledged before me this day of 20 , by (Print or type exact same name(s) with marital status or identity as on page 1.) Minnesota Department of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155 -2538 651- 201 -6369 Page 2 Signature of Notary Public Commission Expires AG- 00869 -02 2/24/09 For Individual or Husband'Wife: State of ) ) SS County of ) The foregoing instrument was acknowledged before me this day of (Print or type exact same name(s) with marital status or identify as on page l.) For Public Officer: State of ) ) SS County of ) The foregoing instrument was acknowledged before me this by the (Print name) (Title) For Comoration: State of ) SS County of ) The foregoing instrument was acknowledged before me this by its its of Corporation, on behalf of the Corporation. For Corporation: State of ) SS County of ) The foregoing instrument was acknowledged before me this by its its of Corporation, on behalf of the Corporation. Signature of Notary Public Commission Expires 20 ,by day of 20 , by of the (Local Authority) Signature of Notary Public Commission Expires For PartnershlP: State of ) SS County of ) The foregoing instrument was acknowledged before me this _ by , partner of on behalf of the partnership. Minnesota Department of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155-2538 651 - 201 -6369 Page 3 day of _ and a Signature of Notary Public Commission Expires day of and ,a Signature of Notary Public Commission Expires day of Signature of Notary Public Commission Expires 20 , 20 , ,20 a partnership, AG- 00869 -02 2124109 For Partnership: State of } ) SS County of } The foregoing instrument was acknowledged before me this T day of by , partner of on behalf of the partnership. Signature of Notary Public Commission Expires For Attorn ey -in -Fact: State of ) ) SS County of ) —, 20 a partnership, The foregoing instrument was acknowledged before me this day of 20 by , as attomey -in -fact on behalf of For Trustee or Personal Representative: State of ) ) SS County of ) The foregoing instrument was acknowledged before me this by Minnesota Department of Agriculture 625 N. Robert St. St. Pau], Minnesota 55155 -2538 651- 201 -6369 the Page 4 Signature of Notary Public Commission Expires day of 120 , of the Signature of Notary Public Commission Expires AG -OO B 69 -02 2/24/09 174191311_QN1 Taml A}: THAT PART OF THE NE 114 LYING N OF CO ROAD NO 10 AND E OF THE W 3 AC THEREOF, EX ROAD, ALL IN SEC 17, TWP 119, R 23, HENN. CO„ MINN., ACCORDING TO THE RECORDED PLAT THEREOF. p— &119.23 42 Q002 _ Parcel $l: N 112 OF SE 114 OF SEC 8 AND SW 114 OF SE 114 OF SEC 8, EX ROADS, ALL IN SEC 8, TWP 119, R 23, HENN. CO., MINN., ACCORDING TO THE RECORDED PLAT THEREOF. W 3 ACRES OF THAT PART OF NE :114 OF SEC 17 LYING N OF CO RD NO 10, EXCEPT THE W 200.5 FT THEREOF, EX ROAD, ALL IN SEC 17, TWP 119, R 23, HENN. CO., MINN., ACCORDING TO THE RECORDED PLAT THEREOF. 1 APPLICATION FOR INITIATING PLACEMENT OF LAND INTO A METROPOLITAN AGRICULTURAL PRESERVE LOCAL AUTHORITY: and (if applicable) ATTACHMENT A I . PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF RECORD FEE OWNER(S) Owner(s) is ( "X" one); (Use this space only if applicable. Must be same names as on page 1.) 1h A Individual 0 Legal Guardian 0 Family Farm Corporation Ah Vt � _� c� . � -£'� tr � cJ -rm � c..t 5 � o`. rr ctf r^� Li:: -��?.. 0 Other 4-q b ,-Lz (spec): q u'._ Q,- v 4^- C a-, c �F- 2. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED BUYER(S) (VENDEES) (Use this space only if applicable. Must be same names as on page 1.) 3. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED SELLER(S) (VENDORS) (Use this space only if applicable. Must be same names as on page 1.) 4. BASIS OF ELIGIBILITY OF LAND ("X" one): X 40 or more acres of land. 0 Non - contiguous parcels of at least ten acres each; parcels fanned as a unit. 0 35 -acre parcel, bound by public right- of-way or perturbation in the rectangular survey system. 0 20 -acre parcel, subject to the conditions of Minnesota Statutes, section 473H.03, subdivision 4. 5. TOTAL ACRES: 6. TYPE OF PROPERTY ( "X" one): A Abstract 0 Registered (Torrens). If "Torrens" property, include your Owner's Duplicate Certificate of Title. Minnesota Department of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155-2538 651 - 201 -6369 Page I AG- 00870 -02 2i'24109 FOR LOCAL AUTHORITY ONLY: 7. This application has been reviewed by this Authority and is determined complete this day of , 20 The restrictive covenant and the affidavit from the Authority certifying eligibility of the land are included in this application, S. DATE OF PLACEMENT OF LAND INTO PRESERVE: Minnesota Department of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155 -2538 651 -201-6369 Page 2 ffll (Signature and Title or Position of Local Authority) (Must be thirty days after the date in No. 7 above.) AG- 00870 -02 2124109 ATTACHMENT B STATE OF MINNESOTA } } COUNTY OF ) SS AFFIDAVIT OF "AUTHORITY" } 2. 11 I am the being first duly sworn upon oath deposes and says as follows: of ('Title or Position of Local Aulhority) State of Minnesota, which unit of government exercises the planning and zoning authority for the land described herein, and constitutes the "Authority" as that term is defined under Minn. Stat., Section 473H.02, Subd. 4. This affidavit is being executed and submitted on behalf of the Authority. The tract of land in the County of legally described as (must be same as on page 1): State of Minnesota, Parcel identification number: / 7- i l 't ..� i / 0r)" % Homestead or Non-homestead. F f t 2 S o a c,2 (Circle one) Legal Description: is, as of , 20 , designated as long term agricultural land and in accordance with a resolution adopted by the Authority on , 20 , is certified and eligible for designation as an agricultural preserve as provided under the provisions of Minn. Stat., Section 473H.04. This affidavit is submitted at the request of (Applicant) for the purpose of making application for designation and creation of an agricultural preserve in accordance with Minn. Stat., Chapter 473H. Minnesota Department of Agriculture 625 N. Robert St. St, Paul, Minnesota 55155-2538 651 -201 -6369 Page 1 AG- 00871 -02 2124,•'49 Dated , 20 Subscribed and sworn to before me this day of , 20 Sigtature of Notary Public Commission Expires Minnesota DePnrtrnent of Agriculture 625 N. Robert St. St, Paul, Minnesota 55155 2538 651- 201 -6369 Page 2 Signature: of (Title or Position of Local Authority,•) AG- 00871 -02 2124109 NOTICE INITIATING EXPIRATION OF A METROPOLITAN AGRICULTURAL PRESERVE LOCAL AUTHORITY: ^ ~' and j (if applicable) r PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF RECORD FEE OWNER(S) Owner(s) is ( "X" one): (Use this space only if applicable) X k Individual Legal Guardian Family Farm Corporation Other �=�i�. �:y� ` ,s c``✓ (specify): �y PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED BUYER(S) (VENDEES) (Use this space only if applicable.) 3. PRINT OR TYPE NAME(S) AND ADDRESS(FS) OF CONTRACT FOR DEED SELLER(S) (VENDORS) (Use this space only i f applicable.) 4. TYPE OF PROPERTY ( "X" one): Abstract Registered (Torrens) 5. COMPLETE LEGAL DESCRIPTION OF THE LAND. (If Torrens property, use the description from the Certificate of Title, verbatim. IfAbstract property, use the description from the abstract or deed, or get it from your county auditor. Use an additional sheet if extra space is needed. Be sure to state your parcel identification number and whether or not your property is homesteaded) Parcel Identification Number: t i- o ! ` // h Homestead or Non - homestead. 6'2' 1 t ? ..�� 4q c, C 62 ` �.�+-r.�•� (Circle one) Legal Description: 6. TOTAL ACRES: / -5" d:> Minnesota Department of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155 -2538 651- 201 -5369 Page l AG- 00872 -02 2.124109 7. IF AUTHORITY - INITIATED: This is to notify the landowner of the parcel(s) of land described in this notice that said land will be taken out of metropolitan agricultural preserve status because the land has been certified by resolution of the authority and by appropriate maps (forwarded to the Metropolitan Council) to be no longer eligible to be an agricultural preserve, as evidenced by zoning which will allow more than one residential unit per quarter /quarter section (40 acres). Notice of this decertification has appeared in a newspaper having general circulation within the jurisdiction of this authority. of (Signature and Title or Position ofLocal Authority) State of Minnesota ) SS County of ) The foregoing instrument was acknowledged before me this day of , 20 by (Print or type same name and title at Left) of Signature of Notary Public Commission Expires _ IF LANDOWNER - INITIATED: This is to notify the Local Authority that the metropolitan agricultural preserves status of the land described in this notice shall expire on the date specified in No. 9 unless this notice is rescinded by the Landowner(s) within the first two years following execution of this notice. IN WITNESS HEREOF, the parties to this agreement have caused this instrument to be executed on the day and year last notarized below. (To be signed in the presence of a notary public with exact same name as on page I.) Witnessed Suture of Reaord Fee Owner(s): Witnessed Signature of Contract for Deed Vendors (Sellers), if any: Witnessed Signature of Contract for Deed Vendee(s) (Buyers) if any. For Individual or Husband/Wife: State of ifl n6- ) ) SS County o1"1vC10"'N( ) foregoing instrument was acknowledged before me t or type exact same name(s) with marital status or identi as /(day of �f'i� /L 20 , by 1.) For Individual or Husband/Wife: dEA�E�1= HEINEGK State of ) NOTARY PUBLIC mlNNE50TA SS My Comtrtisslon E�tpires Jart 31,2015 County of The foregoing instrument was acknowledged before one this day of , 20 , by (Print or type exact same names) with marital status or identity as on page 1.) Minnesota Depanment of Agriculture 625 N. Robert St. ST, Paul, Minnesota 55155 -2538 651 -241 -6369 Signature of Notary Public Commission Expires_ Page 2 AG- 00972 -02 2/24109 For Individual or Husband/Wife: State of } ) SS County of } The foregoing instrument was acknowledged before me this day of 720 , by (Print or type exact same name(s) with marital status or identity as on page l.) Signature of Notary Public Commission Expires For Corporation: State of ) SS County of ) The foregoing instrument was acknowledged before me this by , its its of Corporation, on behalf of the Corporation. For Corporation: State of day of 20 , _ and , .a Signature of Notary Public Commission Expires_ ) SS County of ) The foregoing instrument was acknowledged before me this by , its its of Corporation, on behalf of the Corporation, day of and .a Signature of Notary Public Commission Expires_ 20 , For Partnership: State of ) ) SS County of ) The foregoing instrument was acknowledged before me this day of 20 , by , partner of a partnership, on behalf of the partnership. Minnesota Deparhnent of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155 -2538 651- 201 -6369 Page 3 AG- 00872 -02 2;'24/49 Signature of Notary Public Commission Expires For Partnership: State of ) ) SS County of ) The foregoing instrument was acknowledged before me this day of 20 , by , partner of , a partnership, on behalf of the partnership. Signature of Notary Public Commission Expires For Attorney -in -Fact: State of ) } SS County of } The foregoing instrument was acknowledged before me this day of 20, by as attorney-in-fact on behalf of Signature of Notary Public Commission Expires Minnesota Deparhnent of Agriculture 625 N. Robert St. St. Paul, Minnesota 55155 -2538 651- 201 -6369 Page 3 AG- 00872 -02 2;'24/49 For Trustee or Personal Re resentative: State of ) SS County of ) The foregoing instrument was acknowledged before me this by , the day of , 20 , of the Signature of Notary Public Commission Expires_ 9. DATE OF EXPIRATION OF AGRICULTURAL PRESERVE: (Must be at least eight years after the date in No. 7 or the last notarized date in No. 9.) Minnesota Department of Agriculmic 625 N. Robert St. St. Paul, Minnesota 55 155-2538 651 -201 -6369 Page 4 AG- 00872 -02 2124109 L A N D From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: May 12, 2014 for the May 22, 2014 City Council Meeting Agenda Item F 0 R M rr i Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net RE: Fox Ridge 2nd Addition. Application for Final Plat on property located at 9495 Trail Haven Road (city file no. 14 -006) REVIEW DEADLINE: June 16, 2014 1. Application Request The landowner is requesting City approval for a final plat for Fox Ridge 2nd Addition. This plat will create one new lot from one existing outlot. Approval of a final plat requires a 3/5 vote. 2. Context Background On March 24, 2005, the City Council approved Resolution No. 2005 -17, a preliminary plat for Baumeister 3rd Addition that created two residential lots (Lot 1, Block 1, and Lot 1, Block 2) with existing homes and one outlot ( Outlot A) for future residential development. On November 10, 2005, the City Council approved a Final Plat for Baumeister 3rd Addition with 2 lots and 1 outlot. Zoning and Land Use The subject property is located outside of the Metropolitan Urban Service Area. It is guided Rural / Ag Residential in the 2030 Future Land Use Map of the City's Comprehensive Plan. The subject property and surrounding parcels are zoned Rural Residential. Natural Characteristics of the Site With the exception of the southeast corner of the lot and the planned drive, the parcel is covered with trees. Wetlands have been identified on the northeast corner, and western and eastern edges of the site. The wetland delineation was approved as part of the 2005 approvals. Landform', SensiblyGreen and Site to Finish® are registered service marks of Landform Professional Services, LLC. • Parks and Trails • 0 On December 28, 2005, an easement was recorded along the Easterly 10 feet of Outlot A, Baumeister 3rd Addition for trail purposes as required for the Baumeister 3rd Addition plat approvals. Access Access is provided to the subject property via an existing private driveway. A private driveway agreement is recorded at Hennepin County. This agreement was a subject of much discussion during the preliminary and final platting process in 2005. At that time, the City Attorney determined that the driveway agreement allows legal access to the property and that no changes to the driveway agreement are required. This final plat is consistent with the conditions of approval for Baumeister 3rd Addition related to access. 3. Analysis Level of City Discretion in Decision - Making The City's discretion in approving a final plat is limited to whether or not the proposed plat meets the standards outlined in the City's subdivision ordinance and zoning ordinance and the conditions of preliminary plat approval. If it meets these standards, the City must approve the final plat. Final Plat The final plat creates one lot from the existing outlot as anticipated in the Baumeister 3rd Addition plans. The final plat generally complies with the conditions in Resolution No. 2005 -78, approving the final plat. Wetlands However, the wetland buffer standards are not met. Condition #6 in Resolution 2005 -078 requires "Wetland buffer monuments must be installed on the site in compliance with Section 1050 of the Zoning Ordinance. " Section 1050.010, Subd. 7 states "A permanent wetland buffer monument shall be installed at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of 200 feet of wetland edge. If no buffer is required, the monument shall be at the edge of the wetland." The wetland monuments were installed prior to the current land owner acquiring the property, but there is no record that the City approved the final locations and the current locations do not comply with the ordinance requirements. Specifically, the plans show that wetland buffer monuments will need to be re- aligned, and that additional monuments are required to meet the standards in Section 1050.010. There are two points where the buffer changes direction that will require a monument sign to be installed, and several locations where the monument locations need to be adjusted to meet average setback and minimum distance requirements. We have attached a graphic that shows how the plans will need to be revised to comply with the ordinance. Fox Ridge 2nd Addition Final Plat (city file 14 -006) 2 May 22, 2014 i ra Park Dedication Park dedication is required for this new parcel as was noted in the 2005 approvals. As part of the 2005 approvals, the applicant was also required to dedicate an additional 7 feet for Trail Haven Road and provide a 10 -foot trail easement adjacent to Trail Haven. The trail easement was recorded at Hennepin County and the right -of -way dedicated. • The 2020 Comprehensive Plan Trail System map shows a trail planned along Trail Haven Road, however, there is no trail planned along Trail Haven in the current 2030 Comprehensive Plan. The 2005 staff report has no discussion of the trail easement, but the Final Plat resolution did include the following conditions: "4. Outlot A must be final platted prior to development on the parcel. Park dedication fees for the outlot will be due at that time, subject to the ordinance standards in effect at that time." "9.The 10 -foot trail easement along the west side of Trail Haven Road must be recorded with the final plat." It appears that the City intended to require full park dedication for this new lot, but normally credit would be given for the off -road trail easement as follows: • Park dedication is 10% of the area of the land or 10% of the value of the land not to exceed $3,000 per lot under the current ordinance. (It was a $6,000 max. in 2005) • The parcel is 13.82 gross acres (12.62 net, pre - development). Based on this calculation, the applicant would be required to dedicate 1.26 net, predevelopment acres for the trail easement. • The area of the trail is .07 net, predevelopment acres, which satisfies 5% of the required dedication of 1.26 acres net. • The market value for the property in 2014 Hennepin County Tax records is listed at $89,000. The remaining 95% of the required dedication would be $8,455, which is capped at $3,000. This is calculated as follows: 10% x $89,000 = $8,900; 95% x $8,900= $8,455. • The remaining dedication shall be $3,000 cash ($8,455 required but ordinance limits to $3,000 maximum). The landowner submitted the $3,000 park dedication payment with his application. Because the City has already accepted the trail easement and the applicant has paid the required easement fees, staff finds that the landowner has satisfied park dedication requirements under Section 955 of the Subdivision Ordinance. 4. Recommendation Move to adopt following: a. Resolution approving the final plat for Fox Ridge 2nd Addition. Fox Ridge 2nd Addition Final Plat (city file 14 -006) May 22, 2014 • • Attachments 1. Resolution 2014 -25 Approving Final Plat 2. Aerial Location Map 3. Resolution 2005 -17 approving Preliminary Plat for Baumeister 3rd Addition 4. Resolution 2005 -78 approving Final Plat for Baumeister 3rd Addition 5. Final Plat for Baumeister 3rd Addition 6. 2010 Comprehensive Plan —Trail System Map 7. 2030 Comprehensive Plan — Parks and Trails Plan Map 8. Graphic showing revisions to wetland buffer monument locations 9. Final Plat for Fox Ridge 2nd Addition Fox Ridge 2nd Addition Final Plat (city file 14 -006) May 22, 2014 0 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -25 Motion By: Seconded By: May 22, 2014 A RESOLUTION APPROVING THE FINAL PLAT FOR FOX RIDGE 2ND ADDITION LOCATED AT 9495 TRAIL HAVEN ROAD (PID 09- 119 -23 -41 -0011) WHEREAS, Mark Sifferle has requested approval of a final plat for property legally described as: Outlot A, Baumeister 3.d Addition, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that is should and hereby does approve the request for a final plat, subject to the following conditions: 1. A final plat is approved to allow the creation of one residential lot in accordance with the application received by the City on April 11, 2014, except as amended by this resolution. 2. The applicant shall comply with all conditions of the preliminary plat and final plat for Baumeister 3rd Addition (Resolution No. 2005 -17 and 2005 -78). 3. There is one building right on Outlot A, Baumeister 3rd Addition, which will now be platted as Lot 1, Block 1, Fox Ridge 2nd Addition. A building permit is required prior to construction of a single family home, which will use all remaining building rights. 4. Park dedication shall be cash in lieu of land for the one new lot. FURTHERMORE, that the following conditions be met prior to issuance of a building permit: 5. The applicant will install wetland buffer monuments according to Section 1050.010, Subdivision 7, of the Zoning Ordinance. The plans show several monuments that do not meet placement requirements and that 2 monuments are missing. Final locations must be approved by City staff and installed according to the approved plans. 6. Resolution 2005 -78 required dedication of a 10 -foot trail easement along Trail Have (condition #9) and cash park dedication for Outlot A when final platted (condition #4). a. The trail easement was recorded at Hennepin County in 2005. b. Cash payment of $3,000 for the new lot will satisfy park dedication requirements. 7. The applicant shall record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. 8. The applicant shall provide the approved final plat drawings to the City in an electronic (AutoCAD) format. Page 1 of 2 City of Corcoran May 22, 2014 County of Hennepin State of Minnesota RESOLUTION NO. 2014 -25 BE IT FURTHER RESOLVED, that the following conditions be met prior to release of the remaining escrow: 9. The applicant must file the final plat at Hennepin County within 2 years of the date of approval or the approval shall expire. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Lynch, Diane ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Lynch, Diane ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 22nd day of May 2014. ATTEST: Jeanie Heinecke — Clerk Kenneth Guenthner - Mayor Page 2 of 2 City Seal 5/6/2014 Her+ir on .1% Hennepin CountyGIS- Printable Map Parcel 09- 119 -23 -41 -0011 A -T -B: Abstract ID: various sources and is furnished "AS IS" with Owner Mark Sifferle Market $89,000 Name: Date: Tota 1: Parcel 9495 Trail Haven Rd Tax $1,706.80 Address: Corcoran, MN 55340 Total: (Payable: 2014) Property Vacant Land - Residential Sale Map Scale: 1 "= 800 ft. Print Date: 5/6/2014 IN Type: Price: This map is compilation of data from various sources and is furnished "AS IS" with Home- Sale no representation or warranty expressed or stead: Non - Homestead Date: implied, including fitnessof any particular purpose, merchantability, orthe accuracy and completeness of the information shown. Parcel 13.83 acres Sale Area: 602,226 sq ft Code: COPYRIGHT © HENNEPIN COUNTY 2014 AL T},;. 6 f_ -I http: //g is.co.hennepin.mn.us/ Property /print/default.aspx?C= 453812. 2551165103, 4997250. 65239332& L =5 &T= hybrid &D = true &LID= O &FID= 0911923410011 &VIS =... 1/2 City of Corcoran County of Hennepin State of Minnesota Motion By: Thomas Seconded By: Grabowski APPROVING A PRELIMINARY PLAT FOR WALLY BAUMEISTER FOR PROPERTY LOCATED AT 9625 AND 9435 TRAIL HAVEN ROAD WHEREAS, Wally Baumeister has requested approval of a preliminary plat for the properties legally described as follows: Lot 1, Block 1 and Outlot A, Baumeister 2nd Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by Wally Baumeister for a preliminary plat, subject to the following conditions: 1. A preliminary plat is approved in accordance with the application received by the City on January 18, 2005 and the revised plans received by the City on February 18, 2005 except as amended by this resolution. 2. The preliminary plat is approved to create two residential lots (Lot 1, Block 1 and Lot 1, Block 2) and one outlot ( Outlot A) for future residential development. 3. The applicant shall identify the location of the proposed structures and setbacks on the plans prior to building permit. 4. The applicant shall provide the required soil borings prior to issuance of building permit and the location of the secondary septic sites for the residential lots must comply with all setback requirements. 5. The preliminary plat shall be revised to identify the location of the existing structure and driveway on the proposed Lot 1, Block 2. Resolution 2005 -17 Page 2 6. The applicant shall submit a driveway easement for City review and approval prior to release of the final plat for filing at Hennepin County. 7. Elm Creek Watershed Management Commission must approve the wetland delineation prior to final plat approval. 8. The preliminary plat shall be revised to identify both the wetland buffer area and the structure setback from the wetland buffer area for all wetlands. 9. Wetland buffer monuments must be shown on the plans and installed on site in compliance with Section 1050 of the Zoning Ordinance. 10. All wetlands must be blanketed by a drainage and utility easement. 11. One building right remains on Outlot A. The landowner must submit a final plat for Outlot A to utilize the one remaining building right. 12. Parkland dedication fees for Outlot A shall be due at the time of final plat, subject to the ordinance standards that are in effect at that time. 13. The Driveway Agreement may be amended to allow up to 6 driveways onto the existing private drive. The amended driveway agreement shall be submitted for City review and approval with the final plat. ADOPTED by the City Council this 24th day of March 2005. VOTING AYE _X_ Cossette, Tom _X_ Grabowski, Chuck _X_ Jacobs, Paul _X_ Lymangood, Chuck _X_ Thomas, Ron ATTEST: Bea Lindberg, City Clerk VOTING NAY Cossette, Tom Grabowski, Chuck Jacobs, Paul Lymangood, Chuck Thomas, Ron Tom Cossette, Mayor City Seal E•in o,f Corcoran DOCUMENT-HAVE BEEN SCANNED ( "r�lrf9h' cJ'tte7u�epi77 Stc7te ( ?fA1i1V7eS0[17 RESOLUTIO N NO. 200- -78 MOTION BY MEYfBER: Lyrnangood SECONDED BY NiENgBER: Thomas Copy APPROVING FINAL PLAT FOR "BAUMEISTER 3RD ADDITION' FOR WALLY BAUMEISTER FOR PROPERTY LOCATED AT 9625 AND 9435 TRAIL HAVEN ROAD. WHEREAS, Wally Baumeister has requested approval of a final plat to create two residential lots and one outlot on the property legally described as follows: Lot 1, Block 1 and Outlot A, Baumeister 2nd Addition, Hennepin County, Minnesota. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by Wally Baumeister for a final plat, subject to the following conditions_ i A final plat is approved to allow the creation of two residential lots and one outlot in accordance with the application received by the City on January 13 , the preliminary plat received by the City on August 30, 2005, and the final plat received by the City on August 17, 2005, except as amended by this resolution. The applicant shall comply with all conditions of preliminary plat approval (Resolution 2005_17), except that Condition #13 is repealed. ,,3. There is one building right on Outlot A. There are no building rights remaining on Lot 1, Block. 1 and no building rights remaining on Lot 1, Block 2. (_4. )Outlot A must be final platted prior to development on the parcel. Park dedication fees for the outlot will be due at that time, subject to the ordinance standards in effect at that time. 5 The applicant shall identify the location of the proposed structures, final - septictwell locations and setbacks on the plans prior to issuance of the building permit for Outlot A. 6. Wetland buffer monuments must be installed on the site in compliance C�'�t�c�lo5 with Section 1050 of the Zoning Ordinance. „Resolution 2005 -78 Page 2 7. The septic sites on Outlot A must be individually fenced with steel posts and snow fencing, which must be left in place until issuance of a Certificate of Occupancy. 4 d� X1\11 The existing septic systems must be in compliance with City standards and must be inspected by the building inspector prior to release of the final plat for filing. i E5 The 10 -foot trail easement along the west side of Trail Haven Road must 1 be recorded with the final plat_ 10. The applicant must file the final plat with the revised driveway agreement at Hennepin County. 11. Final plat approval shall expire two years from the date of approval unless the plat has been filed at Hennepin County. ADOPTED by the City Council this 10th day of November 2005. 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NY :nnNLGy,+,n Lryi:ite -- - "TA-M or Mivto;,,`I.A i uR^x k Th Ed7 qWltq inItY11.11t 4 MJfdtJ •t "I thl day of , 4I T.I. ritY C.. p$ - I- chiral t.r r�c4lr ..try ti il',... tnrp sr.ltl oh, r,l iwrlall ,u.E, t.1 `CPpr,,s tJa. h. .e -r, 4nLu r. Inigr..•, °ra .,, ^IY v,.xa,ll,u .nn , -ar,; rr.__. _- .... e,,`1.1r'/.�!W0 1 11avr a -M Jo-:l :ua.1 p ',Le,l rha l,lJt: ^L I d+,°w:Y iLfJ n.Shis - . 1I P. IgtINl:I.: q'kr ,1711, ml,n 1'rl1Wl'Lh, l In lg'f,I k 1 I 1 nh:- y+'1.: Nri[i, U[ ♦ ?sd I Y6, IIIUX iL IEM11 a J, -•• _ "Iir,•[.lt Sxhr1M•II , ,lilt Ell 1 I fvkt I 1 Inndredthd r !. i ti4'! ow-, ,1 1 I xh L' H> "I 5A t L LCM 5 1 Y f l ,:1•ti n hY n- n J.-in w rr 'j r, 1i11n L , -I Ih. 1 1 + .at f Iti lu {Avw.,y in =r,uPWb= - 7 d.l 1 1 le, II 1I a-; vl r -a 11l pin5,ra I I Il nil In ,,h.,,n,. ,. - _ .1 l II =I :•ll .�ti, 1 «IIIA ., 41 ?' r =L, Hi me -5a 1„ r „..H.• n E!JI -. ,rgk1Y• �+P' Ms'meuMiyl'H _ k1Nly 1l AHt. ' '. 1 -1 'r1u lEl I'4 Y4 ILAF1 •al i ,N {.. 1 I t{) '[. inl dr' r:�, z, _.. .. '' ' vnMnr- yr; 11 h' 1t•.�.�1_�' M_,.,' 1 ,i4.., !1 -. •:.wr#' - =x1A l + -; rn Pr. n .17 — , Ur wrijiftA $� IF, -A C civ of ORC ORAN Trail System Prop d Trail S�-,,tern, ;Road ROW- Attached or Detached ROW- Detached Bike /Pedestrian -ROIV- Detached Bike/Pedestrian (Connects to Regional Trail System) Other /V Munici y pal Boundar Streams Pared Base Map Future land Use Business ParkjLt Industrial Commercial bfixed Use /PUD Public/Semi-Public Rurd Service./Commercial Urban Residential High Density Residential Efisting Res/Future Service Area Rural/Ag Residential Potential Future Urban Service Area N w Aet 3500 0 3500 7000 inBwlestrocp RDIene OCR AFN -t& - IO U R,wi" Odober 2002 i-\504"604rnaP% v-ma'Rxmpplm\av_projectsVinA--: camp -pL-an.apr ■ �w��w��w���. ��w�����wuwuw��wuw��w��w�����1 ^ww���www�w�� wow www�A rd r , ' _ I 1 I, •`, �', &P ^` - , `, 1 ■■■ �' I _ 1 1 � ■ , � 1. _ - --^ 0 F ■ , i, I r , pF- 1 ■ �• I r - L■ j 4 OSP ■ 1 -�'' 1 ° = 1 - ......w. ......111 "a'f_�_. ♦�_' C-) -- , ■ ^' _ ' -i - - -- _ 1..V 1I � r w _ ■ 1 F' i T 0S Lu U-1 NO, 1LOS Lu CL LL ■ _` , a■ _ # j c ANN IN, 1 ■ t o ■ 1 a.WMANan hl"FIlr" rfY. ■ ° ,�� ■ MEISTERR AD � 1 ` ,t1 ` SP - -- Iv - At KOOK , 1 '`` `,''. i -• s��C�V70 ®i��� i ;LAKE -' !'!.'I,% /r %%%1 %'0P 3 f RA,6 .1 "INN ,8 "Qi1�1 tIONOa%T0 `/_ /rf ��it, Fd ` - -��_ '�i LARKIN %DN.... u w�w► � . r 1, -, sir ,SCOTT LAKE , r' -'' ,� `; ., ' - `,��', ' ^•'` ' ! `_ 'R, 1 ,'.. ' %- I , , _ .•1 F F__' Lu JUBERT 11 'I LAKE 'OSP ■2 . " "v r`, :'�� 1 I I /' _,'' '- `i ■ OSP CD j • -- ■ ■ F , /O `` + r - HORSE OE T�2 I�..� Lu..... a�i *♦ + -6LEASON ROAD r A / l • LAKE d ! ■, ;,_, �•� ■ C' it 1 `,� fir: , r .■ ,, �. =EN=BNMII �w��w��w��w��w��w• a�w��w��w�����wuwuw��w��wuw��w����w��w��w��w��w��wi�wY�w��w��wnw��i - �iw> wwwlwww- wwwr�w7rlliwi'�i���www.w�� Figure 12 .y 1 r L WEST! Parks & Trails Plan 2030 Comprehensive Plan N s 3,000 1,500 0 City Limit Q 2030 MUSA Open Water Wetlands Existing Parks and Trails Regional Trail Existing On Road Trail 0 Community Park 0 City Hall /Memorial Park 0 Existing Ball Fields /School Property 0 Existing Park (Private /Lion's Park) ® Golf Course Proposed Parks and Trails Proposed County Bike Trail Ow Ow Ow Ow Proposed On Road Trail Off Road Trail 3,000 Feet Off Road Trail outside 2030 Development Area Horseback Trail Proposed County Road 50 loss, Natural Gas Pipeline Easement Trail (Potential) 0 City Square osP OSP /Nature Park • ASA - Athletic Search Area Neighborhood Park 0 Trailhead Search Area Greenway Corridor (Bonus Eligible Resource Corridor) 'Proposed park and trails locations represent the general search areas for parks and trails.The City will work with developers and landowners to identify the exact location and size of parks and trail alignments as development or park acquisition is proposed. Updated October 2013 Adopted June 2011 a W N N 2 `I B9°13'15°E 158.00 li.,• ,,___- ______J S •d r ' y r, I Gregory R Pasch do hcrcby cenily d H1 Ibis plat was pop —d b, a ar under my dueel supu+ s my Char T duty Lic:assed I.an<E Suncyce in the 5wle nfMinnrsola; Illat this Aloe is a cwm4 repreacntadea oFlhe �q Z - _ - - - -__ baundasy survey, that an mathematical data and lab h arc —cdy deslgnatcd on Ina, plat; Ihat alt carnumcros dep cied as this plat Bois been, or Hill W comedy set within one year, that all hater houndasics and xet lands S 89 °10'14" W 301.24 FOX RIDGE 2ND ADDITION N 69"13'15" E 468.06 ` rn { 44 N89 °13'15'E -1 34.23`__ -- I o� /!r �I w ri i I O «t s C t v 1 -T T - I MB> 7 L'I,r)' S OFA1NA.;e Eft _ °A `_°N75 ARE 5HOWN ThUj I I I o a aP�ar,.y ��•tef�wY _ The Gregory Group, Inc. d,b.e. LOT SURVEYS COMPANY LAND SURIZEYORS ,2nd,�jd4ion- IncnnCP °Fir•I Prue B[SOlday N e I I I I I I �I I I I _ I I _ I � I 73 I N 89 113115" E 628.00 --------------------------------------------- 1, r '•, '170k KNOW ALLPERSONS BY THESE PRESENTS: Tbal Mark Sincrlc, owner, ofthe followingdescribed pmNny situate in Ne County al-I epic Stale of Minnesota, to mil: tdado4 A, Bawoei_arec 3rd rldduion, f Irtaepin Cotutr, Minna�,n. Hu t-ma. d thesame ro besur,eyed Had planol as FOX RIDGE 2.NDADOITION maddt— hereby dedicate w the public for public — fhret the casements far urihr and drainagx puryoses as shown on Ne Aloe to wdtnecs whercafsaid Mark Siflide, has caused then° prcsenls ta be signed this day of . =A_ By Marc Sifr rlc STATE OF MINNESOTA COUNTY OF The Foregoing irasrcuotrnt was acknowledged before me Nis_ as? of Jk .by Mark Siff k• (pritard name) Notary Pabhr, Cnumy, Minnesota My Con> i—au E- Aires SCALE IN SECT 0 100 700 300 Add monument r New position of suisling monument — IR.J °92. • r'. i'r)' :..� N•,3 °Vr;C -'r?fr ^ r�LN(,. .I::N? C•dr55 :�rt+eR',. p:. J -Fn ........, Approximate 15 foot buffer (not certified') J FDR THE PURPOSES OF THIS PLAT THE EAST LINE OF OUTLOTA, EAUMEISTER3RO ADDfTION IS ASSUMEDTU BEAR NORTH 00 °45'30- EAST Mark V Chapin, Hennepin County Audilor By .vary SURVEY Di VISION- tlnnaepin County, Minnesota Bun — t. 'Ai—.. Statates, Sr. 393 B, 565(1969) Ibm Plat hu Been Hppmycd Nis day of .20` H'ilham P_ Bmwtl, Hennepin County Sura - -eyar By COUNTY RECORDER Hennepin C—ty, i tinrteaara I ta—by a-ttify� that the within plat of FOX RJDGE 2ND ADDITION T.as mcordcd in this ufftce dus day of , 20 Ht OalackM. Martin McCamtick, Hennepin Course, Recorder 8Y Deputy I Gregory R Pasch do hcrcby cenily d H1 Ibis plat was pop —d b, a ar under my dueel supu+ s my Char T duty Lic:assed I.an<E Suncyce in the 5wle nfMinnrsola; Illat this Aloe is a cwm4 repreacntadea oFlhe yi• I� t; baundasy survey, that an mathematical data and lab h arc —cdy deslgnatcd on Ina, plat; Ihat alt carnumcros dep cied as this plat Bois been, or Hill W comedy set within one year, that all hater houndasics and xet lands t, p -, f;; i r ;= I as definodm Mmnesata Smlutes, Section SQS -91, Sabd. 3, as ofthe date of[hss certtficmc are sown and lahrlvd un this plat; and all pablte wa>— shown, nd labeled un Ihis plat Oared this daY of 2E GnaSnry A Pta eh, Land SWyor ' Minnesota Ixtivtie Na 24992 STATEOFMINNFSOTA COUNTY OF HSNN'EFLN -;i This itbhtmteoC+ ras ackaowledgcd before me on th'ig_ day of 20_.by GRgo*yAPr seh. w a 79 I tSigmtt=, NULHry) I (Ngnary's Ptmted Name) c- `- ------ `-- ----------- --- -- ---J I Notary Publii �Counry rn Minnesota S. B9'10'14' W 425.39 - III I I 6g I 1II•cnmmrsioneapi- 4 I I i I I CORCORAN,MINNESOTA Thtsptaru£tOX RIDGE 2ND ADDI LION w asa pp¢ vW and —pled by Nc Cisy Ca-.-R af1he Ciq uFEdia.4 M.—M, ata ngalar 1tng. dvae.rleld Nos clay of ,20 _Ifappltwbletrr wnttea eantmerHa and rcl`onlnl.&Ii— afIrk Cmomtastnner ofT— P. -fi.. and it Cooaty Highway lingac have been receared by the city ar the Prescribed! 30 day Fried hos elapsed wc[hwl mcelp[ufsuch commeou I I end nromrluncrdnti ^.. as pms idcd by Minn " Stanacs, Smtioe 5o5.o3. Subdiv' '. CORCORAN, MIN NFSOIA By Mayer By Cily Clerk TAXPAYER ShkVICES DEPARTMENT, Hennepin Cnnnry, Minnesota I hr by ecs6l'y Nat the taxes pa;rsblc is _ and prior nears have Lees paid for land dnecnTeed as this plat. Oared lhis,� day of ,?e_ SCALE IN SECT 0 100 700 300 Add monument r New position of suisling monument — IR.J °92. • r'. i'r)' :..� N•,3 °Vr;C -'r?fr ^ r�LN(,. .I::N? C•dr55 :�rt+eR',. p:. J -Fn ........, Approximate 15 foot buffer (not certified') J FDR THE PURPOSES OF THIS PLAT THE EAST LINE OF OUTLOTA, EAUMEISTER3RO ADDfTION IS ASSUMEDTU BEAR NORTH 00 °45'30- EAST Mark V Chapin, Hennepin County Audilor By .vary SURVEY Di VISION- tlnnaepin County, Minnesota Bun — t. 'Ai—.. Statates, Sr. 393 B, 565(1969) Ibm Plat hu Been Hppmycd Nis day of .20` H'ilham P_ Bmwtl, Hennepin County Sura - -eyar By COUNTY RECORDER Hennepin C—ty, i tinrteaara I ta—by a-ttify� that the within plat of FOX RJDGE 2ND ADDITION T.as mcordcd in this ufftce dus day of , 20 Ht OalackM. Martin McCamtick, Hennepin Course, Recorder 8Y Deputy FOX FRIDGE 2ND ADDITION I h I,1 rl 9 The Gregory Group, Inc. cl.b.a. LOT SURVE)IS COMPANK LAND SURVEMRS .2. _.'n .._.rm.i.__. ,.. SC•;LF IN' FEET Q Too 2nn 3� -1 FOR THE PURPOSES OF TH[, PLAT THE EAST LINE OF OUTLOT A, BAUMEISTER 3RD ADDITION 15 ASSUMED TO BE3R NORTH oPas3o-'EAST CORCORAN. MINNESOTA By , >1a.,ur BY .Cit.. Clerk TA.YF,IYFIR SLR''IiCCS DEYAWF.MCNT, 11—pin County. • lionnwts I hercb, cWil Ihal. the lass pa.able in sod prig, ars 6n c b� M paid ioc I, nd desr;abcd ou Lhis phi. Dale) Lhis Mork':. Chapin, Hennepin County AudiWz 8' SURN'EY DIVISION, Hennrp,n C'olmn +, Ylino—la po—ant to Minn.,.... ya:,w es, See. 3 °313.565 (1969)0s plat has been appro.ed this dab Of_, 30� PapuL, lk illiam F. Um a. 51rnnepm C- ,IySun i.r B: COONTY RECORDER, Hennepin C'ojbL hlinncwta 1 hereby xlTify thnl the trith'm plat nfFOX RIDGE 2ND AUDI T "ION .aa rrcardca in [his af6cc th,s day of , 20= st o'clock M. Minn, McCannick, Hannep,,Cwmr Recur &r t- N59 °13'15 °Ea6&OB - - - --_ —_ r -- _________________ _ ___ s , 1 R., KNOW ALL PERSONS BY THESE FRESNT. Thai M,kh,R'H e, ^n"r,ollhe Erllo- iI...nibcd prnpeny sunaLIUMCCUant,orii urcpar,State of,Ninnesvta. la. sin &�_ �- ••'•• .• "_, .,.,•• ,,•'••. ,'••', wrb� nT_S C ti,B ,mcvsser Sad ldmun,llen U.,. ..umr ,.. uiv ss LI N Has —ci the came to be b—)bd and piallt,l as FOX RIDGE 2ND ADDITION tau{ doe. hereby dedicate Lo the pubf,c furpabhe eaxemeau f— iiil} and dralnnge putposrs as rho,• n nn the plat. rt N89 °7 3 ,15,E YS 3 4 23 — ___ —__ I Inrcilness, heROf said Nlark Slll'srle, Hits caused lhc5e prrsents to heslgned LMs, dayo f 2n v w i I I °a i I :. Madr Siff dr:• z o f STA'I'6 OF MINNESO rA t� lJ 1 i I C OIINTYOF Tiini Th fineomg'inatrument .n5 a&—1 dged before nm this_ d., Of .3[? ,h Sifl'alr. N 89'13.12. F 158.00 i I (xign:&cve) J I .. ... -, ... ,"_ _. , ._„ •... - , ,s•, • ' I (prinloA.namc) Nn1— I'rlbHc, CnunLy. kIi n,me _ w ! . � - rsr"s I -_ I M; Cemmission F;apirra M _ ` I N la `n N 89 °13'15' E 626,49 __ _________ _ _ __ ,1J z ,n A , ,,7 5G$D6 E se91o'ta ^w3nzza �' - - -- f Gregory A, Prnsch do hcreb en Ig rttar rhis Plat uax prepared by nr or r,ndeem drrecl super rs,cm, that I dui Licensed Land S th Slate+ fM nI, 61a lhaL h p1 L ran correct reprrenFSlion oPthc _ II a[ J alhc,nati'al data and labels ire eomectly� dasignsr d N' plat; IIra[ all nofl—ats &pubtsd on II .. plal hose I b r rill be co I v[ within e, ea , J.] all rater lu —dares and t. cl lands ry _ as &erne &,n ItinncsoCa S[aruLes, Scetlan 503,0 t, Subd. } as of Llrr dsie oFlh,r cenlBcnLn am rho = -n and labeled nn W,s plae; anJ all public uasary rho n and Wbcled on [hls plat - 2 i � I Dared sh,s day ur ,2U_ .. "_ �'ca�,9T•s ,q; j -_ Gregory R. P—Ii, Lana Sur ayrw v m o.m. I.l—. W. 2499? Drz, Vi a` •' S'rAmOlr `AINNFIDIA F '. Fr i i •. i COUNTY OF IIERNI_PIN This inilnuncntr ackuuv. kdEed bcf —moon llus_da or _ , 2Q_, by Oregon R. Praech. \_r,•'��,� � .�- (Siyn:Jure of Ntlwr)7 _ Na- Pdnred j __ _ - -- ____ - -___J I - - -- - Notary Pahl "c Coo q, n MnncsnW 1 589 °1714" W 428.39 I I ` I M_ man... a "plms et - - I I I I CORCORA\ MINNb9OCA flns plat c FO II 1, 2ND AIDITION 1 J pp a-d and - teoepleJ by the City C'luncil of th C t: ' f Ulna N9 C , w H a:yutu mechng lhcnofllelti h s Ja, of .'U` If ppllcable the I l,rm, co tita and remnunendabons bribe Comm, s,o fTr—p r lI d the Caunt, Ifl h—a E gineer ha a been..I, Od by the cI y or the pmacnbed 30 day W-cl has Map d onhout ren..I nf a.h comments I and recom rndat,ons, as Fro mud b; h9inncaota8tavutu�, Swntrt 5Ui.03. S ,bdnnnran ] I h I,1 rl 9 The Gregory Group, Inc. cl.b.a. LOT SURVE)IS COMPANK LAND SURVEMRS .2. _.'n .._.rm.i.__. ,.. SC•;LF IN' FEET Q Too 2nn 3� -1 FOR THE PURPOSES OF TH[, PLAT THE EAST LINE OF OUTLOT A, BAUMEISTER 3RD ADDITION 15 ASSUMED TO BE3R NORTH oPas3o-'EAST CORCORAN. MINNESOTA By , >1a.,ur BY .Cit.. Clerk TA.YF,IYFIR SLR''IiCCS DEYAWF.MCNT, 11—pin County. • lionnwts I hercb, cWil Ihal. the lass pa.able in sod prig, ars 6n c b� M paid ioc I, nd desr;abcd ou Lhis phi. Dale) Lhis Mork':. Chapin, Hennepin County AudiWz 8' SURN'EY DIVISION, Hennrp,n C'olmn +, Ylino—la po—ant to Minn.,.... ya:,w es, See. 3 °313.565 (1969)0s plat has been appro.ed this dab Of_, 30� PapuL, lk illiam F. Um a. 51rnnepm C- ,IySun i.r B: COONTY RECORDER, Hennepin C'ojbL hlinncwta 1 hereby xlTify thnl the trith'm plat nfFOX RIDGE 2ND AUDI T "ION .aa rrcardca in [his af6cc th,s day of , 20= st o'clock M. Minn, McCannick, Hannep,,Cwmr Recur &r t- Agenda Item • L A N a F O R M From Sit+? i:o Finch 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: May 15, 2014 for the May 22, 2014 City Council Meeting • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net RE: Site Plan Modification to allow changes to the approved plans for a new accessory building for Lano Equipment at 23580 Highway 55 (31- 119 -23 -34 -0007) City File No. 13 -006 1. Application Request The applicant has requested approval of a site plan modification to allow changes to the approved plans for the new accessory building for Lano Equipment. The City Code Enforcement Official notified the applicant over the winter that the building was not built in compliance with the approved plans and would need to be modified to comply with the City approvals. The applicant indicated that they would like to request City Council approval of some modifications to the approved plans. Staff received revised plans from the landowner on May 12th with a request to schedule the item for the May 22nd meeting. Staff requested a narrative clarifying the eave and overhang corrections, describing why the deficiencies exist, how the landowner intends to correct the deficiencies and reasons why some deficiencies cannot be corrected. We did not receive a response from the applicant. 2. Context Previous Approvals The City Council approved the site plan amendment and conditional use permit for the new building on July 11, 2013. The approvals were based on the submitted plans with a number of conditions, including condition 1.c. which stated: A conditional use permit to allow more than 20% metal siding is allowed based on the finding that the metal building is compatible with the existing buildings in the vicinity and would be consistent with the quality, durability and value intended by the ordinance. The building plans shall be revised to comply with the terms of the discussion at the July 11th City Council meeting regarding material /elevation improvements on the south, east and west elevations which include from the roof line down the exterior wall: • Steel at the peak • A bank of windows in the middle portion with steel siding • 4' of rock/stone at the base The revised plans shall be submitted for staff review and approval. Landforms, SensiblyGreen' and Site to Finish are service marks of Landform Professional Services, LLC. • • • Following the Council meeting, staff worked with the applicant to address these conditions. The plans were approved and a building permit was issued last summer. However, the building constructed does not match the approved plans. Background The site includes an existing metal principal building with stone wainscoting and wood on the front elevation. The building houses Lano Equipment and Spike's feed store. There are a number of non - conformities that exist on site, but none are affected by the proposed application. Zoning and Land Use The property is guided Commercial on the 2030 Future Land Use Plan. The property is currently located within the Metropolitan Urban Service Boundary (MUSA) and zoned C -2 (community commercial). Surrounding Properties The surrounding properties are guided Commercial and zoned C -2. . 3. Analysis of Request Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance and City Code requirements, as well as City policies. A. Consistency with Ordinance Standards The applicant is requesting approval to make changes to the existing building to comply with the intent of the City approvals. There are number of inconsistencies where the building was not built according to the approved plans. Specifically: 1. The City Code requires a minimum overhang of 24- inches on the gable ends (west and east) and of 12- inches on the sides (north and south). a. The approved plans complied with these requirements and showed 24- inches on all sides. b. The current plans do not clearly show the overhangs. c. A site visit this week appears to show eaves being added on the north and south sides of the building, but no change on the east and west elevation. The applicant has not provided information about his plans for these elements. d. The applicant must either comply with the required overhangs or request an amendment to the conditional use permit to eliminate this requirement. 2. The windows on the east and west elevations do not match the approved plan nor do they comply with intent of the approvals. a. The applicant is proposing to add additional square windows to both the east and west elevations and add windows to the garage doors. b. The plans called for windows on the south generally as built. Lano Site Plan (13 -006) May 22, 2014 i i • • c. The applicant is also proposing to add windows the three doors on the east elevation, which will add interest to the building architecture. 3. The approvals required a minimum of 48- inches of wainscoting on the south, west and east elevations. The building only has 42 -44- inches of wainscoting. a. The applicant is not proposing any change to this condition and simply asks for council approval of this built condition. b. The Council could require the additional brick to be added or accept the brick at the lower height. The applicant also shows the addition of three decorative cupolas on the building roof. These do add an attractive feature to the building. B. Summary Staff is concerned about the lack of response concerning the eaves and gable overhangs. It appears that eave extensions are currently being added to the building, but we have no information about the depth of the eaves nor do we have information about the gable overhangs. The City Code requires the addition of these elements as an architectural element on all buildings regardless of use and staff believes that the applicant should be required to comply with the minimum requirements. We have added this as a condition to the draft resolution, but the City Council could choose to amend the conditional use permit to waive these requirements. The other changes proposed by the landowner to add the cupolas to the roof, install 4 large windows on each of the west and east elevations and adding windows to the 3 doors on the east seem to be generally consistent with the intent of the original approvals and add additional interest to the building. Staff recommends approval of the revised elevations with the condition that the minimum eaves and overhangs be provided. However, because this is a code violation due to the landowner's failure to build according to the approved plans, the City has a higher level of discretion when reviewing the proposed changes. 4. Recommendation Move to adopt the resolution approving the site plan modification. Attachments 1. Resolution 2014 -27 approving Site Plan modification 2. Approved 2013 building plans 3. Existing Site Photos 4. 2014 -05 -12 proposed building plans Lano Site Plan (13 -006) May 22, 2014 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -027 Motion By: _ Seconded By: May 22, 2014 A RESOLUTION APPROVING A SITE PLAN MODIFICATION FOR A NEW ACCESSORY BUILDING FOR LANO EQUIPMENT AT 23580 HIGHWAY 55 (31- 119 -23 -34 -0007) WHEREAS, the landowner has requested approval of a site plan modification to the approved plans for construction of a new accessory building on a commercial property for property legally described as follows: That part of the east half of the southwest quarter of Section 31, Township 119 north, Range 23 west of the principal meridian lying easterly of the westerly 413.00 feet of said east half of the southwest quarter and lying southerly of the following described line: Commencing at the southwest corner of said east half of the southwest quarter; thence on an assumed bearing of north 00 degrees 25 minutes 29 seconds east, along the west line of said east half of the southwest quarter, a distance of 656.38 feet to the point of beginning of the line to be described; thence south 89 degrees 22 minutes 34 seconds east, parallel with the south line of said east half of the southwest quarter, a distance of 1329.29 feet to the east line of said east half of the southwest quarter and said line there terminating. Subject to a permanent easement for highway purposes over the east 50.00 feet and that portion of State Highway No. 55 as laid out and traveled. Excepting therefrom that part of said east half of the southwest quarter described as follows: beginning at the southeast corner of said east half of the southwest quarter; thence on an assumed bearing of north 00 degrees 36 minutes 14 seconds east along the East line of said east half of the southwest quarter, a distance of 194.50 feet; thence north 89 degrees 22 minutes 34 seconds west, parallel with the south line of the said east half of the southwest quarter, a distance of 132.00 feet; thence south 00 degrees 36 Minutes 14 seconds west, parallel with the east line of said east half of the southwest quarter, a distance of 194.50 feet to the south line of said east half of the southwest quarter; thence south 89 degrees 22 minutes 34 seconds east along said south line, a distance of 132.00 feet to the point of beginning. Subject to a permanent easement for highway purposes over the east 50.00 feet and that portion of State Highway No. 55 as laid out and traveled. WHEREAS, the City Council granted approval of a site plan and conditional use permit on July 11, 2013 and; WHEREAS, the building was not constructed according to the approved plans, and; WHEREAS, the City Code Enforcement Official contacted the landowner to notify them of the violations and the applicant subsequently submitted a revised plan for the building, and; Page 1 of 3 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -027 May 22, 2014 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a site plan modification, subject to the following conditions: 1. A site plan modification is approved to allow remodeling of the accessory building, in accordance with the plans received by the City on May 12, 2014. 2. The site plan modification to add cupolas to the top of the building, windows to the 3 doors on the east elevation and square windows on the east and west elevations of the building is consistent with the intent of the original approvals and is hereby approved as shown on the May 12, 2014 elevations. 3. The building must be revised to provide a minimum overhang of 24- inches on the gable (west and east) and of 12- inches on the sides (north and south) as required by Section 1030 of the City Code. The applicant must submit revised plans with dimensions for review and approval by City staff. 4. This approval modifies only condition 1.c. of Resolution 2013 -29. All other resolution conditions remain. 5. A building permit is required prior to beginning any work. The applicant must work with the building official to determine whether or not new permits will be required to complete this new work. 6. Prior to release of the remaining escrow, the applicant must: a. Record the approving resolution at Hennepin County and provide proof of recording to the City. b. Comply with all other conditions of Resolution 2013 -29. 7. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Lynch, Diane ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Lynch, Diane ❑ Thomas, Ron Page 2 of 3 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -027 May 22, 2014 Whereupon, said Resolution is hereby declared adopted on this 22nd day of May 2014. ATTEST: Jeanie Heinecke — City Clerk Kenneth Guenthner - Mayor Page 3 of 3 City Seal 2013 APPROVED ELEVATIONS FOR LANO EQUIPMENT (CITY FILE 13 -008) EAST BUILDING ELEVATION WEST BUILDING ELEVATION SOUTH BUILDING ELEVATION NORTH BUILDING ELEVATION MAY 14, 2014 SITE PHOTO OF LANO EQUIPMENT (CITY FILE 13 -008) [AST EAST BUILDING ELEVATION 6"0116. 'w's mrmrromwm — GGUL NOT CONFIRM W�INOOW HEIGHT .w 3Yfl!ME'WAIH SCOT NEI UNT 4249 IL - L'�w - Ala- i 43 WIN6ahY5 MISSING OVERHANGS 4 -f _ _ - $TGN�E WAIFpSCiT�41EiWfR- 4b4i." h WEST BUILDING ELEVATION SOUTH BUILDING ELEVATION NORTH BUILDING ELEVATION 2014 PROPOSED ELEVATIONS FOR LANO EQUIPMENT (CITY FILE 13 -008) EAST BUILDING ELEVATION WEST BUILDING ELEVATION SOUTH BUILDING ELEVATION NORTH BUILDING ELEVATION