Consider Development Agreement for Makowsky Family Farm, LLC Metes and Bounds Subdivision at 7040 173rd Ln NW; Case of Makowsky Family Farm, LLC

At their May 3rd meeting, the Planning Commission Meeting considered a metes and bounds subdivision (Variance to Platting Requirements) to split an existing 57 acre parcel into two (2) parcels (one existing homestead/one vacant/agricultural parcel). As part of the Staff recommendation, a Development Agreement was drafted specifying terms of the lot split.

All property owners within 350 feet of the Subject Property were notified of the Public Hearing held by the Planning Commission on May 3, 2012. The Public Hearing was properly advertised in the Anoka County Union.

Staff recommended approval of the metes and bounds subdivision under the following conditions:

1. No new buildable lots shall be created
2. All future subdivision shall be completed in accordance with City Code requirements related to Platting
3. The Subdivider shall provide a thirty-three (33) foot wide perpetual/permanent road easement along the entire northern property line to ensure the capability of future roadway connections to serve future development in the event the two (2) parcels are sold separately
4. The Subdivider shall enter into a Development Agreement specifying the terms above

The attached Development Agreement was drafted to address the above concerns and is before the City Council for authorization so that the Agreement can be recorded as part of title for the Property.

The subdivision would create a 7.5 acre parcel that would ensure that all structures are consistent with applicable zoning regulations. The remaining parcel would be approximately 49.5 acres. The required easement shall specify that said easement can also be used for drainage, utility, and trail purposes and shall be all inclusive. In addition, the Subdivider shall be required to dedicate standard perimeter drainage and utility easements internal to Parcel A.

Staff recommends approval of the Development Agreement with Makowsky Family Farm, LLC.

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

Motion to approve the Development Agreement with Makowsky Family Farm, LLC, subject to the review of the City Attorney as to legal form.