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HomeMy WebLinkAbout5E - Golden Pond Final Plat MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: AUGUST 4, 2008 5E DANETTE WALTHERS-MOORE, COMMUNITY DEVELOPMENT AND NATURAL RESOURCES DIRECTOR CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR SUBMITTAL OF A FINAL PLAT FOR GOLDEN POND Introduction The purpose of this agenda item is to consider a request by Bakken Development for an additional extension of the deadline for submittal of a final plat to be known as Golden Pond. This report recommends approval of this request with specific conditions. Historv On August 7, 2006, the City Council approved Resolution 06-135, approving the preliminary plat known as Golden Pond. This project is located northeast of Wedgewood Lane (Spring Lane Township), east of Sunray Boulevard, south of MN TH 13, and west of Rice Lake. The preliminary plat consists of approximately 27 acres to be subdivided into 34 lots for single family dwellings. Section 1006.206 (5) of the Subdivision Ordinance states the following: Once a preliminary plat is approved by the City Council, the subdivider must submit an application for a final plat within twelve (12) months after approval of the preliminary plat. If an applicant fails to submit an application for a final plat within the specified 12-month period, the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council at least 30 days prior to the expiration of the 12-month period. On June 18, 2007 and February 19, 2008, the City Council approved requests by the developer for six-month extensions of the final plat deadline, due to the decreased housing market. On July 22, 2008 staff received the attached letter from the developer requesting an additional six-month extension to February 7, 2009. It should be noted that the extension request was not received within the speCified 30 days detailed in the Subdivision Ordinance. However, due to the amount of staff time dedicated to tree preservation on the site, as well as for the sake of customer service, Staff is forwarding the request to the Council for consideration. Current Circumstances Although the developer has received preliminary plat approval, a grading permit has not been issued. No work has begun on this site. The purpose of the application deadline is to keep the platting process moving forward. The extension of this deadline will allow the developers to delay www.cityofpriorlake.com ~ohei~S2~V~9800C/ Fax 952.447.4245 further construction costs on this project until the housing market becomes stronger. If the developers fail to meet this extended deadline, they still risk withdrawal of Council approval of the preliminary plat and will be required to resubmit an application for a preliminary plat approval. With multiple development projects experiencing substantial delays in the platting process, City Staff has discussed the alternative of requesting escrows to accommodate administrative costs earlier in the process rather than collecting these fees entirely at the time the plat is recorded. Currently until these administrative costs are paid as part of the development contract, the City of Prior Lake must subsidize these expenditures from within the City's budget. An escrow would allow for a guarantee of the cost associated with the development up to that point, while not increasing the overall costs to the developer. Thus far, the City has carried the administrative development cost of $5,533.65 for the Golden Pond Development. As outlined in the conditions below, the $5,533.65 will be collected as a condition of the extension approval and will be deducted from the required development fees collected at the time of the Development Contract approval. The Golden Pond development fees will reflect the fee amounts that are in effect at the time of final plat submittal. FINANCIAL IMPACT: This action has no financial impact on the City unless the project ultimately fails to move forward without reimbursing the City its incurred costs to date as recommended below. ALTERNATIVES: The City Council has three alternatives: 1. Adopt a resolution approving the request to extend the application deadline until February 7, 2009, with specified conditions or any conditions the City Council deems appropriate. 2. Continue this item for specific information or reasons per City Council discussion. 3. Deny the request and direct the staff to prepare a resolution denying the requested extension. Staff recommends Alternative #1 with the following conditions: 1. No tree removal or grading permit shall be considered until a complete Final Plat application is received and City staff has determined, in writing, the submittal is consistent with the City of Prior Lake Subdivision Ordinance and Public Works Design Manual. 2. The developer shall submit payment of $5,533.65 for previously incurred administrative development costs, which will be deducted from the final development fees at the time of the approved Development Contract. Revie~j Frank Boyles, A motion and second adopting Resolution #OB-XX approving an extension of the deadline for submittal of a final plat for Golden Pond to February 7, 2009 fbject to conditions #1 and #2 above. RECOMMENDED MOTION: '- Motion By: Second By: WHEREAS, The Prior lake City Council adopted Resolution 06-135 on August 7,2006, approving the preliminary plat known as Golden Pond; and WHEREAS, Section 1002.206 (5) of the Subdivision Ordinance requires a subdivider to submit an application for final plat approval within 12 months of approval of the preliminary plat, in this case by August 7,2007; and WHEREAS, Bakken Development, the developer, previously submitted requests to extend the application deadline to February 7, 2008 and August 7, 2007; and WHEREAS, The developer has submitted an additional request to extend the application deadline to February 7,2009; and WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the provisions of Section 1002.206 (5). NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The deadline for submittal of a final plat application for Golden Pond is extended from August 8, 2008 to February 7,2009. 3. No tree removal or grading permit shall be considered until a complete Final Plat application is received and City staff has determined, in writing, the submittal is consistent with the City of Prior lake Subdivision Ordinance and Public Works Design Manual. 4. The developer shall submit payment of $5,533.65 for previously incurred administrative development costs, which will be deducted from the final development fees at the time of the approved Development Contract. PASSED AND ADOPTED THIS 4th DAY OF AUGUST, 2008. YES NO Haugen Hedber9 Erickson LeMair Millar Haugen Hedber9 Erickson LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 I<KhN 7/22/08 To: City of Prior Lake Attn: Danette Moore . From: Bakken Development Inc. Re: Golden Pond Preliminary Plat Extension Weare requesting a 6-month extension for the preliminary plat status for the Golden Pond development in Prior Lake. Our original intent was to develop this property in the fall of 2006. We lost several months in 2006 while working on engineering with Tollefson Development on their Hickory Shores neighborhood. Since that time the marked has dissolved. We feel it is in the best interest of our company and the City of Prior Lake to extend the plat status for period so we can be confident that Golden Pond will be successfully built and occupied by residence. Thank You, ~.JL Aaron Bakken C.F.O. Bakken Development Inc. Bakken Development Inc. 14070 Commerce Ave. Suite 300 Prior Lake, MN 55372 Office 952-447-5287 Fax 952-447-6200 www.bakkendevelopment.com