Adopt Resolution #14-01-026 Granting Approval of Declaration of Restrictive Covenants Related to Future Platting Requirements in Lieu of Revised Final Plat for Seasons of Ramsey;
Case of The Seasons of Ramsey, LP

In 2013, the City Council approved the Plat and Site Plan for Seasons of Ramsey, a 50-unit rental townhome development located at Bunker Lake Boulevard and Town Center Drive. The site was subdivided as one (1) lot per building. The Seasons of Ramsey had agreed in the Development Agreement to submit a revised final plat upon completion of the project in which the project would be re-subdivided as one (1) lot per unit (fifty [50] townhome units plus one [1] community building).

The purpose of subdividing individual units is tied to the City's requirement for individual water services for each individual unit. This standard does not apply to apartments and condominiums that have shared, heated hallways in which individual units are accessed. This standard most impacts townhome developments in which individual access is from outside without shared hallways. In response to increasing public safety calls of broken water pipes in seasonal cold weather conditions, the City Council adopted Ordinance #10-06 focused on the requirement of individual services. The impetus for this requirement was the negative impact on adjacent townhome units that shared a single water service for the entire building when an adjacent unit went vacant. The City saw a significant increase in the number of residents losing water or fire suppression service due a separate unit with a frozen and/or broken pipe.

Secondarily, to ensure proper utility billing tracking, the City also asks for individual units to be subdivided to ensure coordination between Property Identification Numbers (PIN), utility account numbers, and property owners.

In the case of Seasons of Ramsey, there is one (1) owner and one (1) utility account holder over the entire development. This arrangement is further protected by existing, recorded restrictions as a result of the project's funding requirements.

Seasons of Ramsey has suggested an alternative to full revised subdivision that still provides protection for the City in the event that the project is ever sold or further subdivided for individual ownership. Seasons of Ramsey has agreed to record a restrictive covenant that no further subdivision would be allowed unless coordinated and approved by the City. This would ensure that the City has proper mechanisms and procedures in place to coordinate utility account numbers, meter numbers, and property owner information.

Alternative #1. Approve the request as presented. The alternative has been presented to impacted City Staff, whom are supportive of the request.

Alternative #2. Deny the request as presented and require that Seasons of Ramsey prepare a revised plat in which individual units are subdivided. Given that there is single ownership of the project, and individual units will not be sold, the requirement for individual platted units might be excessive and comes with an additional cost to the Owner. The true impetus has been achieved by the construction of individual services.

All costs associated with the request are the responsibility of the Applicant.

Staff recommends approval of Resolution #14-01-026.

Motion to adopt Resolution #14-01-026.