Consider Resolutions #14-09-197 and #14-09-198 Related to an Amended Final Plat and Development Agreement for Pine Ridge; Case of Gerald and Jane Davis

On August 26, 2014, City Council adopted Resolutions #14-08-152 and #14-08-168 granting Preliminary and Final Plat approval to Gerald and Jane Davis (the "Applicant") for Pine Ridge, contingent upon compliance with the Staff Review Letter and execution of a Development Agreement.  At the time of approvals, the Applicant did not have their engineer's estimated costs for the Required Improvements completed and thus, only a Draft Development Agreement was included with that case.

The Applicant continues to work through necessary plan revisions per the Staff Review Letter, which has resulted in a slight shift in the location of one of the two (2) stormwater ponds.  This revision alters the approved Final Plat with regard to the size and location of a drainage and utility easement, but does not impact lot configuration, lot size or number of lots.  Therefore, the Applicant has submitted a revised Final Plat for consideration as well.

Notification is not required for approval of a Development Agreement or for a revised Final Plat.

The Master Trail Plan indicates a trail along CSAH 5 and City Code requires trail construction as shown on the Master Trail Plan as part of any subdivision of land at the developer's expense.  However, the closest trail connection is south of Trott Brook and on the other side of CSAH 5 than this Plat.  Thus, Staff had suggested to the Applicant that, rather than constructing the trail as part of this Plat, it may be more appropriate to consider paying the estimated trail construction cost into the Trail Fee Fund (in todays dollars) and the City would utilize those funds in the future to construct this segment of trail when a trail connection could be made (or at least when the comprehensive trail system was closer to this area).  In either scenario, the Trail Development Fee would be credited to the Applicant as the estimated trail construction costs exceed this fee (Trail Development Fee for the six [6] lots is $4,200.00).

Planning, Engineering and Public Works Staff met with the Applicant to review the options regarding the required trail.  Due to the isolated location of the trail (compared to the existing trail system, which is about one [1] mile south of this project), the fact that the trail segment would only be approximately 600 feet, and the potential long term maintenance costs of this isolated segment for the City, Staff believes the more prudent option would be for the Applicant to pay the estimated trail construction costs into the Trail Fee Fund and for the City to use those funds at some future point to construct this segment of trail. 

The Applicant's engineer's estimated cost for trail construction is approximately $23,000.00.  The Applicant believes that he can have the work completed for less than that amount.  Staff has suggested that the Applicant secure detailed bids for what their costs would be for trail construction and if the detailed bid(s) is reasonable, Staff would recommend accepting that amount into the Trail Fee Fund.  As of the writing of this case, Staff has not received any detailed bids from the Applicant. 

The attached Development Agreement includes language regarding both trail options.  The estimated trail construction cost could be based on the detailed bid(s), if provided by the Applicant (and if found to be reasonable), or based on the information provided by the Applicant's engineer.  Based on direction from City Council, Staff will revise the final language accordingly to address either trail construction as part of the Plat or payment of estimated trail construction costs in lieu of trail construction (based on acceptance of the Applicant's detailed bid or their engineer's estimated cost) and prepare it for execution.

Alternatives

Option 1: Adopt Resolution #14-09-197 granting approval of an amended Final Plat for Pine Ridge and adopt Resolution #14-09-198 approving the Development Agreement for Pine Ridge with language requiring the Applicant to provide payment of the estimated trail construction costs into the Trail Fee Fund in lieu of constructing the trail.  While Staff is not opposed to the trail being constructed as part of this project, due to the circumstances outlined above, it seems more prudent to construct this trail segment in the future, potentially when a trail connection could be made.  The actual dollar amount would be determined based on receipt of a detailed bid(s) from the Applicant, assuming it is found to be reasonable, or $22,675.00, which is their engineer's cost estimate, which has been reviewed and amended by the City's Engineering Division.

Option 2: Adopt Resolution 14-09-197 granting approval of an amended Final Plat for Pine Ridge and adopt Resolution #14-09-198 approving the Development Agreement for Pine Ridge with language requiring the Applicant to construct the trail as part of the Plat.  Staff does not oppose this option, but there will be additional, long-term costs to the City to maintain a trail that likely would only be utilized by six (6) lots until such time that it is connected to the comprehensive trail system.

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

City Staff recommends approval of both the amended Final Plat for Pine Ridge and the Development Agreement.  Regarding the trail, Staff believes either option is viable but that collecting the estimated construction costs in lieu of actual trail construction as part of this Plat is more prudent.

Motion to adopt Resolution #14-09-197 approving an amended Final Plat for Pine Ridge

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Motion to adopt Resolution #14-09-198 approving the Development Agreement for Pine Ridge with revisions to Paragraph 17 stating that the Developer shall construct the trail as part of this Plat or the Developer shall pay the estimated trail construction costs into the Trail Fee Fund in lieu of constructing the trail.