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
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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
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LeMair
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LeMair
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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