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HomeMy WebLinkAbout[07] CSB Development Request 7 Council Agenda Item MEETING DATE: September 15, 2011 AGENDA ITEM: College of St. Benedict – Development Plan a.Comprehensive Plan Amendment b.Rezoning c.Preliminary Plat d.PUD/Special Use e.Development Agreement SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted the public hearing for the development request of the College of St. Benedict on August 3, 2011 to develop property adjacent to CR 121, north of Callaway Street and south of Field Street. After the public hearing was closed the Planning Commission unanimously recommended denial of the Comprehensive Plan Amendment as the development could proceed without the amendment. After the motion for denial, the College of St. Benedict withdrew their request for Comprehensive Plan Amendment and requested the Planning Commission consider rezoning the subject property from the current Agricultural to R4 Townhouse. The Planning Commission on August 3, 2011 recommended the Council rezone the subject property from the current agricultural to R4 Townhouse. Due to incomplete information, the Planning Commission tabled action on the remaining development requests. On September 6, 2011, the Planning Commission was presented with revised plans for the development of the subject property. The College of St. Benedict requested approval for the Preliminary Plat and PUD/Special Use Permit to allow for the construction of residential dwelling structures and future development to include recreation facilities and a College Welcoming Center. As there were still outstanding Engineering items the Planning Commission recommended approval of the preliminary plan contingent upon resolving all outstanding engineering items and execution of a Development Agreement. The Planning Commission also recommended the City Council approve the PUD/Special Use Permit request as presented and including the terms identified in the Development Agreement. (Note: The Planning Commission has established a policy where if the Final Plat is consistent with the Preliminary Plat it does not require reconsideration by the Planning Commission). PREVIOUS COUNCIL ACTION: None. BACKGROUND INFORMATION: It is customary for the City to require execution of a Development Agreement (DA) for all plats. The purpose of the DA is to memorialize the terms of the development and outline expectations. The agreement is filed with the plat. The City Staff and College have finalized the terms of the Development Agreement with the exception of two monetary matters: 1.Storm Water – Based on an agreement executed by the City in 2004, the City is responsible for paying a proportionate share of the cost to relocate the storm water ponding utilized by Callaway Street. The amount has yet to be determined. 2.Callaway Street. The City purchased Right-of-way from the College of St. Benedict to extend Callaway Street and at the time of purchase, an agreement was executed whereby CSB would not be assessed for the construction of Callaway Street as it did not benefit them. The College stated that they did not access Callaway nor would they need to; therefore, since a benefit was not evident, an assessment would not be appropriate. Based on the understanding that at the time of constructing Callaway Street the College did not have access to Callaway Street, the City and College entered into an agreement which clarified that if in the future the College accessed Callaway Street, a fee or charge would be applied. For safety purposes, the City has required developments to have two means of ingress/egress and they could not be the same street. In the case of the College, the original plan only indicated one access to College Avenue and staff required a second access to Callaway Street. If County Road 121 was not available, residents would not have a safe way out of the development. In trying to find an equitable fee, one suggestion was determine the total cost of constructing Callaway Street and using the useful life of the road based on the assessment policy just adopted by the Council, the percentage of road life that remains would be an appropriate fee. Therefore, the following table highlights the calculation: Land Acquisition 83,142.00 Construction Costs 282,590.00 Total Street Cost 365,732.89 Less: Sanitary Sewer Stubs (7,672.01) Less: Water Extensions (4,083.91) Less: Developer Contribution (12,300.00) Total Eligible Costs $ 341,676.97 Based on the final street cost, the cost per square foot, excluding utility costs and developer contribution, is $ 126.08 per square foot. Assessing the street using the City policy would equate to an assessment of $ 168,682.58. The Assessment Policy states that a road has a useful life of 15 years and the final lift for Callaway Street was completed on June 24, 2006. The City would consider this the beginning of the road life. Based on this date, five (5) years of the road life have exhausted with ten (10) years remaining. Dividing the total eligible costs that would have been assessed on a typical project ($ 168,682.58) by the useful life (15 years), the per year road cost is $ 11,245.51. Since ten years of life can be expected, the access fee for Callaway was calculated at $ 112,455.10. The table below illustrates the street value based on useful life. The College has raised the question that the developer should have paid a larger portion of the road and it seems disproportionate to what they are being asked to contribute. If the College had access at the time the road was developed the property would have been subject to an assessment in the same manner that all residents are assessed. City staff maintains that the access is needed for the development and the benefit exists. The developer constructed and paid for all the internal roads and they claimed at that time that they did not need the access to Callaway but it became a requirement of the development. The College is offering to contribute $ 50,000.00 for an access fee. Staff maintains that the City would not have entered into an agreement requiring an access fee if it was not the intent to recover street construction costs. This fee to be charged remains an open item for the Council to resolve. Final Plans – The final plans were delivered on Friday by noon, but that did not give Randy Sabart to review the plans before the packets were prepared. We are hoping to have comments to the Council in the next day. The engineer for CSB decided to submit electronically the data through their portal and Randy Sabart has experienced difficulty in retrieving the data. It is customary for paper copies to be delivered at the same time for this reason. If the comments are not satisfied for action on Thursday, staff would request that all items be reviewed with the exception of the Final Plat. The submittal for preliminary plat has been approved by the Planning Commission contingent upon the final plans and execution of development agreement. The Development Agreement identifies the terms of the development and the Planning Commission concurred with the requirements and modified the requirements for the access to Callaway Street. The Agreement in the packet reflects the changes of the Planning Commission. The College of St. Benedict has requested that we consider future development separately and at this time they are only requesting PUD approval for the uses identified in the Agreement. Any development of Outlot B will require a subsequent application and review by the Planning Commission. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action ……………………………………………………………….. 7:1-4 Findings of Fact, Recommending Denial Comp Plan Amend ……………. 7:5-6 August 1, 2011 PC Minutes, Recommending Re-zoning Approval ...... 7:7-12 September 6, 2011 Planning Commission Material ………………………….. 7:13-32 Road Certificate ………………………………………………………………………………… 7:33-36 Development Agreement ………………………………………………………………….. 7:37-54 MOU – Callaway Access Agreement ………………………………………………….. 7:55-64 Callaway Drainage Easement …………………………………………………………….. 7:65-68 Final Plat Illustrations ………………………………………………………………………… 7:69-72 REQUESTED COUNCIL ACTION: Based on the recommendations of the Planning Commission, the Council is being asked to act on the following: (separate actions are required on all but the last two, they could be combined) Comprehensive Plan Amendment: Accept the Findings of Fact submitted by the Planning Commission denying the request for Comprehensive Plan Amendment. The Development Plan could occur without amending the Comprehensive Plan. Rezoning: Accept the recommendation of the Planning Commission and rezone the subject property from current Agricultural and R3 to R4 Townhouse (a small portion of the plat was zoned as R3). Preliminary Plat: Accept the recommendation of the Planning Commission and approve the nd Preliminary Plan entitled College 2 Addition. PUD/Special Use: Accept the recommendation of the Planning Commission approving the PUD and Special Use Permit allowing for the mixed use development to include residential dwelling structures, welcome center and recreation/athletic fields. Development Agreement: Provided that all engineering items are resolved, and the two remaining open items are resolved, authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and the College of St. Benedict. Final Plat: Provided all the engineering items are resolved, authorize the Mayor and nd Administrator to execute the final plat entitled College 2 Addition.