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2020-11-02 City Council Agenda Packet-Towne Lake �1b�rtvi��� SmnO W`a�.n LMn9.019 CRy Ofs. Mayor and Council Request for Action ovember 2, 2020 SUBJECT: PLANNING - TOWNE LAKES LOT I BLOCK 5 LOT MINOR SUBDIVISION/MINOR PUD AMENDMENT/EASEMENT VACATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Amendment to Master Planned Unit Development Agreement, Towne Lakes. MOTION TO: Adopt Resolution 2020-029 approving the subdivision of Lot 1 Block 2 into two new single-family lots and a Minor PUD amendment bringing the new parcels into the Towne Lakes PUD and HOA MOTION TO: Adopt Resolution 2020-030 approving the Vacation of an easement in Lot 1, Block 5, Towne Lakes addition BACKGROUND: Lot 1 Block 5 Towne Lakes Addition was originally platted to contain the sales office for the Towne Lake Subdivision, with the intent that this lot would be subdivided once the sales office was no longer needed. The lot owner Peter Scherer wishes to divide the lot into two single family lots consistent with the balance of the Towne Lake neighborhood. To accommodate the property owner's request the following approvals are needed. • Vacation of an existing utility easement that extends into the Lot 1 Block 5 Towne Lakes Addition. • Approval of the minor subdivision dividing the lot into two single family lots. • Approval of the PUD amendment requiring the new lot to be part of the Town Lake PUD and HOA and governed by the terms and conditions of the HOA and PUD agreements. • Modification of the original Towne Lakes Developer's agreement which slated this lot for use as a community center and required that it be deeded to the HOA. Lot 1, Block 5 currently contains a parking lot that holds 8 cars. It is not clear why that parking lot was built(perhaps for the sales office that was originally supposed to be constructed on the lot?). For a number of years now it has been used as the unofficial parking lot for the park located across the street. With the subdivision of this lot, that parking lot will be removed so that a single family home can be built on the north half of the lot. The Towne Lakes 1st Addition developer's agreement did not require a parking lot to be constructed in the park, but instead called for a parking lot,tennis court, volleyball court, and/or additional playground equipment to be installed in the park in the future if requested by the homeowners pursuant to a survey of the HOA's residents that would be taken after 100 homes had been constructed. If the residents wanted any of these amenities, the HOA and the Developer would each pay half of the cost of such amenities. Mayor and Council Request for Action—November 2, 2020 Towne Lakes Lot 1 Block 5 Lot Split Page 2 of 3 About the time the survey should have been taken, the Developer became insolvent and went out of business. The HOA has confirmed that the survey was never taken, and no parking lot has ever been built in the park. The HOA has indicated that it is not in favor of the construction of a parking lot in the park. KEY ISSUES: • City Staff recommend approval of the Easement Vacation as described in Exhibit E. This easement does not contain any municipal utilities and no longer holds any public purpose. • The proposed new lots will have the following lot area and width dimensions. Lot Area Lot Width North Lot 13,375 sq. ft. 107 feet South Lot 22,600 sq. ft. 110 feet Both of the new lots exceed the minimum lot areas and widths within the Towne Lake PUD. • A condition of subdivision approval will be the dedication of a ten foot drainage and utility easement centered over the shared lot line of the two new lots. • The lots will be required to become members of the Towne Lakes HOA and abide by the HOA rules and standards pertaining to house design and setbacks. • The survey shows the house locations meet the Towne Lakes PUD setbacks. • Lot 1 Block 5 Towne Lakes addition contains an existing accessory building in its southeast corner serving as an entrance monument for the neighborhood. This community amenity must be placed in an easement that runs to the Towne Lake HOA to allow its continued location and insure its long-term maintenance by the HOA. • The Amendment to the Developer's Agreement removes the requirement that the lot be used as a community center, removes the requirement that it be deeded to the HOA, brings the lots under the same use restrictions as the other lots in the first addition, and preserves an easement for the maintenance of the existing accessory building by the HOA. POLICY/PRACTICES CONSIDERATIONS: The Albertville Subdivision ordinance allows for an administrative subdivision for dividing an existing lot of record into two lots. This application is coming before the City Council due to the need to vacate an easement within the lot split and the need to bring the newly created lots into the Towne Lakes PUD and HOA. FINANCIAL CONSIDERATIONS: None LEGAL CONSIDERATIONS: The new lots must be included in the Towne Lakes PUD and HOA for uniform application of the zoning and architectural standards, be relieved of the obligation to construct a community center on Lot 1, and bring the lot under same use restrictions as all of the other lots in the I" Addition of Town Lakes. Mayor and Council Request for Action—November 2, 2020 Towne Lakes Lot 1 Block 5 Lot Split Page 3 of 3 Department/Responsible Person: Alan Brixius/Planning Submitted Through: Adam Nafstad, City Administrator-PWD Exhibits: Exhibit A: Resolution approving the administrative subdivision/PUD amendment Exhibit B: Aerial photo Exhibit C: Certificate of Survey Exhibit D: Resolution for Easement Vacation Exhibit E: Legal description of the Easement Vacation. Exhibit F: Amendment to Master Planned Unit Development Agreement, Towne Lakes CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-029 RESOLUTION APPROVING AN ADMINISTRATIVE LOT SPLIT AND PUD AMENDMENT FOR LOT 1, BLOCK 5, TOWNE LAKES ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, City Staff as received an application for an administrative subdivision and an PUD amendment to split Lot 1, Block 5 into two single family lots; and WHEREAS, City Staff has reviewed the lot split and PUD amendment and find them to be consistent with the lot area, lot width and setbacks of the Towne Lake Addition PUD approvals as noted in the Request for Council Action dated October 27, 2020; and WHEREAS, the Albertville City Council met on November 2, 2020 to consider the Administrative lot split, PUD amendment and easement vacation. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Administrative Subdivision and PUD amendment to split Lot 1, Block 5 into two single family lot per plans dated 12/08/2001 with the following conditions: 1. The City approval of the existing utility easement within Lotl Block 5, Towne Lakes Addition 2. The applicant shall provide a ten foot drainage and utility easement centered over the shared lot lines of the new lots. 3. Both of the newly created lots shall become part of the Towne Lakes PUD and HOA. 4. The Applicant shall provide an easement over the existing Community out building at the south east corner of Parcel B, for its continued location the newly created lot and its on- going, long-term maintenance. 5. The Applicant shall provide the legal descriptions of both parcels along with the certificate of survey 6. This resolution shall be forwarded to the county as evidence of city approval of the lot split for recording purposes. Adopted by the Albertville City Council this 2nd Day of November, 2020. Jillian Hendrickson, Mayor Attest: Kristine A. Luedke, City Clerk EXHIBIT A CN. Beacon rM Wright County, MN Overview � 1g1083000q,1�U Legend f i Roads rn t — CSAHCL O -- CTYCL 101W �� «,,,, �� MUNICL PRIVATECL 1alossoao�o � o --- TWPCL Highways •`� Interstate ' ,� 1t11Q83 CJ , State Hwy US Hwy City/Township Limits 0 t 1f11p83p0a04U yj �� Parcels � W Parcel ID 101083005010 Alternate ID n/a Owner Address 940173RD AVE N STE 400 Sec/Twp/Rng 36-121-024 Class 206-RES 1-3 UNITS BROOKLYN PARK,MN 55428 Property Address Acreage n/a District 0101 CITY OF ALBERTVILLE 728 Brief Tax Description Sect-36Twp-121 Range-024TOWNE LAKES Lot-001 Block-005 (Note:NoL to b(a Used on Vegal documents) Date created:9/29/2020 Last Data Uploaded:9/29/20204:11:06 AM Developed by Schneider GEOSPATIAL EXHIBIT CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020-030 RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 5 TOWNE LAKES ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, the City Council, pursuant to a petition submitted to it by Peter Scherer under Minnesota Statute §412.851, did hold a public hearing on November 2, 2020 at 7 p.m. at the Albertville City Hall. At said time and place the City Council heard all interested parties on whether to vacate a drainage and utility easement described in exhibit A of this resolution; and WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied; and WHEREAS,the City Council finds and determines that it is in the public interest to vacate those portions of the drainage and utility easements described below as such easements are no longer required by the City. NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright County, Minnesota does hereby order as follows: That the following drainage and utility easements described in exhibit A of this resolution is hereby vacated: The City Clerk is directed to file a certified copy of this Order in the records of the City and a "Notice of Completion of Proceeding"with the Office of the Wright County Auditor and Recorder. Adopted by the Albertville City Council this 2nd Day of November, 2020. Jillian Hendrickson, Mayor Attest: Kristine A. Luedke, City Clerk EASEMENT VACATION EXHIBIT TOWNIE LAKES, WRIGHT COUNTY, MN NORTHEAST CORNER OF LOT 1, BLOCK 5----, — ---DRAINAGE AND y 10 UTILITY EASEMENT---� I m i w 0t}�a � ua Ld I U q I J tv co 0 as I A /v 6 rr C) DRAINAGE AND UTILITY---' I EASEMENT TO BE VACATED Q I N 64'11'01" W 10.90 0 U �W r�4j I 10 4�' I W Q� I LOT 1 y s5 i I BLOCK .5 I I I I I i DRAINAGE AND / _-------UTILITY EASEMENT ' I hereby certify that this survey, plan, or report was prepared by me or under my n direct supervision and that 1 am a Licensed �fv Land Surveyor under the laws of the State ��^T l�z of Minnesota. < 2 Date 10/21/2020 9ti0 SER'j\G� Abram A. Niemelo License No. 48664 0 30 60 90 DATE: 10/21/2020 DRAWN BY: TCM FILE NO. 20481 GRAPHIC SCALE IN FEET SHEET 1 OF 2 SHEETS N:\Land Proiects\20481-Li B5 Towne Lakes\dwq\20481.dwq EXHIBIT E EASEMENT TO BE VACATED Vacate the drainage and utility easement dedicated on the plat of Towne Lakes, according to the recorded plat thereof,Wright County, Minnesota, lying 10.00 feet on each side of the following described line: Commencing at the northeast corner of Lot 1, Block 5 of said Towne Lakes,thence southerly, along the east line of said Lot 1, Block 5, along a curve concave to the west, having a radius of 852.99 feet and a central angle of 5 degrees 14 minutes 21 seconds, a distance of 78.00 feet, the chord of said curve bears South 00 degrees 08 minutes 32 seconds East, plat bearing, distant 77.97 feet; thence North 64 degrees 11 minutes 01 second West a distance of 10.90 feet to the west line of the east 10.00 feet of said Lot 1, Block 5 and the point of beginning of the line being described; thence continue North 64 degrees 11 minutes 01 second West a distance of 50.60 feet and terminating thereat. The side lines of said easement vacation shall be lengthened orshortened to terminate at said west line of the east 10.00 feet of said Lot 1, Block 5. CITY OF ALBERTVILLE AMENDMENT TO MASTER PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES WHEREAS, the City of Albertville ("City"), a Minnesota municipal corporation, and Contractor Property Developers Company entered into an Agreement titled "Master Planned Unit Development Agreement Towne Lakes" ("Developer's Agreement") dated August 6, 2001 and recorded as document number 756748 at the Wright County Recorder's Office, Wright County, Minnesota; and WHEREAS, the Developer's Agreement regulated the uses of Lot 1, Block 5 of Town Lakes ("Lot I"); and WHEREAS, Contractor Property Developers Company has transferred ownership of Lot 1 to Scherer Bros Lumber Company ("Scherer"); and WHEREAS, Scherer has requested that the City change the regulations affecting Lot 1; and WHEREAS, Scherer and the City now desire to modify the Developer's Agreement as it pertains to Lot 1; and WHEREAS, the Towne Lakes Community Association ("Association") has been established and has an interest in Lot 1 under the Developer's Agreement and is a party to this Agreement. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Paragraph 13 of the Developer's Agreement is hereby deleted. 2. Scherer shall pay the cost of moving the dock that is currently moored at Lot 1 to a location owned or managed by the Association on the same lake that the dock is currently 1 located on. The Association shall determine the location to which the dock is to be moved. Scherer shall cooperate with the Association in moving said dock. 3. Any buildings constructed on Lot 1 shall be compliant with all Association regulations, including those of the Town Lakes Master Architectural Control Committee. 4. Lot 1 shall be governed by the restrictions set forth in paragraphs 1.A., LL, 1.V., 1.X. and I.Y. of the Developer's Agreement. 5. Scherer agrees to pay the City's expenses, including planner's fees and attorney's fees related to the change of use of Lot 1 set forth herein and the preparation of this Amendment. 6. Scherer hereby grants and easement to the Association to keep and maintain the Association outbuilding currently on Lot 1, said easement to remain in place for so long as the Association maintains said outbuilding on Lot 1, including such reasonable time as necessary to replace said building in the event it is destroyed by fire or other hazard. 7. The Association acknowledges that the parking lot currently existing on Lot 1 may be removed by Scherer, and further acknowledges that the City may seek to construct a parking lot in the future on the park property abutting East Laketown Drive and West Laketown Drive. 8. Except as specifically altered by this Amendment,the terms of the Developer's Agreement, shall remain in full force and effect for the properties in Towne Lakes 61h Addition. 9. This Agreement shall bind the heirs and successors of Scherer. Dated this day of , 2020. CITY OF ALBERTVILLE, By Jillian Hendrickson, Mayor By Kristine Luedke, Clerk 2 SCHERER BROS LUMBER COMPANY By Its: TOWNE LAKES COMMUNITY ASSOCIATION By Its: STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of November, 2020 by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of November, 2020, by Kristine Luedke, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2020, by the of Scherer Bros. Lumber Company. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020, by the of the Town Lakes Community Association. Notary Public DRAFTED BY: Couri &Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763)497-1930 4