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Home My WebLink About5L - Pike Lake Meadows MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 15, 2008 5L JEFF MATZKE, PLANNER CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR RECORDING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR PIKE LAKE MEADOWS Introduction The purpose of this agenda item is to consider a request by Manley Land Development to extend the deadline for recording the final plat and Development Contract for Pike Lake Meadows to March 17, 2009. The property is located north of CSAH 42 and west of Pike Lake Trail. This report recommends approval of this request with specific conditions. Historv On September 17,2007, the City Council approved Resolutions 07-165 and 07-166, approving the final PUD plan and the final plat and Development Contract for Pike Lake Meadows. The final plat of Pike Lake Meadows consists of approximately 21 acres to be subdivided into 19 lots and 40utlots to allow for the construction of 11 townhome residential units, 8 townoffice units, and parkland. Conditions of approval of the final plat and development contract included: 1) The developer shall provide documentation verifying access easements that allow the adjacent residential property a maintained driveway through the project site to Pike Lake Trail. 2) The developer shall stub utility services to the property boundary of the adjacent residential parcel. 3) The developer shall provide an easement within Outlot D to assure future access from Sherrie Street to the adjacent parcel to the northeast. 4) The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval, by September 17, 2008. Section 1002.305 of the Subdivision Ordinance states the final plat shall be considered void if not recorded within the prescribed time, unless a request for a time extension is submitted in writing and approved by the City Council prior to the expiration date. Late last year, the developer submitted such a request for a time extension prior to the expiration date. At its December 17, 2007 meeting, the City Council adopted Resolution #07-206 authorizing the extension of the recording deadline to March 17, 2008. On February 8, 2008, the developer submitted a request for a second extension of the deadline. At its March 3, 2008 meeting, the City Council C:\DOCUME-1\mjg\LOCALS-1\Tem~~~4.4I?e~o)NslEln ~15Ql1a:70l245 www.cityofpriorlake.com adopted Resolution #08-026 authorizing the extension of the recording deadline to September 17,2008. On Wednesday July 30, 2008, City staff received the attached correspondence from Manley Land Development requesting an additional extension. If approved, the extension would be until to March 17, 2009. Current Circumstances In October 2007, the developer cleared the site, but was not allowed to begin construction of streets and utilities until the remaining conditions of final plat approval had been met. Staff has been holding the final plat documents in anticipation of submittal of the required easements and development fees. ISSUES: 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 recording until the spring of next year. This also allows the developer to delay submittal of the required development fees. If the developer fails to meet this extended deadline, the final plat approval becomes null and void, and it will be required to resubmit an application for final PUD plan and final plat approval. City Staff supports the requested extension; however, staff has concerns regarding the granting of multiple extensions exceeding one (1) year. As of September 17, 2008, it will be 1 year since the Pike Lake Meadows Final Plat and PUD were approved by the City Council. Particularly in light of the fact that the City Zoning Code is in the process of being updated, lengthy extensions may create situations where approved developments are in conflict with the Zoning Code revisions. 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 final 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 (see attached example of outstanding expenditures). 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 $11 ,720 for the Pike Lake Meadows Development. In the case of two other development projects in the past year, the City Council has approved similar extension requests with payment of the incurred administrative development costs as a condition of approval. In both instances, the developers paid the City's incurred administrative costs. In this case, Manley Land Development has indicated to City Staff that they are not able to pay the incurred development fees of $11,720 at this time. As a result, the plat would possibly become null and void if the City Council approves the extension contingent upon payment of the incurred administrative development fees at this time and the developer neglected to pay the fees. Accordingly, as outlined in the condition below, the $11,720 would instead be deducted from the required development fees collected at the time of the Development Contract approval. C:\DOCUME-1\mjg\LOCALS-1\Temp\iScrub\Pike Lake Meadows ext report. DOC In the event the Final Plat and PUD becomes null and void the City Staff would pursue methods to utilize the letter of credit on file to complete any erosion control procedures and tree restoration on site. FINANCIAL IMPACT: This action has no financial impact on the City. AL TERNATIVES: The City Council has three alternatives: 1. Adopt a resolution approving the request to extend the recording deadline until March 17, 2009. 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 condition: . The developer shall submit payment of $11,720 for previously incurred administrative development costs, which will be deducted from the final development fees at the time of the approved Development Contract. RECOMMENDED MOTION: A motion and second adopting Resolution #08-xx approving an extension of the deadline for recording the final plat and development contract for Pike Lake Meadows to March 17,2009. C:\DOCUME-1\mjg\LOCALS-1\Temp\iScrub\Pike Lake Meadows ext report. DOC 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION OS-xx A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING THE FINAL AND DEVELOPMENT CONTRACT FOR PIKE LAKE MEADOWS UNTILMARCH 17, 2009 Motion By: Second By: WHEREAS, The Prior Lake City Council adopted Resolutions 07-165 and 07-166 on September 17, 2007, approving the final PUD plan and final plat and development contract for Pike Lake Meadows; and WHEREAS, Resolution 08-026 requires the applicant to record the final plat and development contract by September 17, 2008; and WHEREAS, Manley Land Development, the developer, has submitted a request to extend the recording deadline to March 17, 2009; and WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the provisions of Section 1002.305. 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 recording the final plat and development contract for Pike Lake Meadows is extended from September 17,2008 to March 17,2009. 3. The developer shall submit payment of $11,720 for previously incurred administrative development costs prior to September 17, 1008, which will be deducted from the final development fees at the time of the approved Development Contract. 4. Failure to record the documents by March 17, 2009, will render the final PUD plan and final plat null and void. PASSED AND ADOPTED THIS 15TH DAY OF SEPTEMBER, 2008. YES NO I Hauqen I Hedberg I Erickson I LeMair I Millar Hauqen Hedberg Erickson LeMair . Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 Page 1 of 1 Jeff Matzke From: Sent: To: Danette Moore Wednesday, July 30, 200812:17 PM Jeff Matzke Subject: FW: Pike Lake Meadows From: kmanley@manleyland.com [mailto:kmanley@manleyland.com] Sent: Wednesday, July 30,2008 11:07 AM To: Danette Moore Subject: Re: Pike Lake Meadows I would like this message to serve as a formal request for an extension Thanks Kurt Sent from my Verizon Wireless BlackBerry From: "Danette Moore" <dmoore@CityofPRIORLAKE.com> Date: Wed, 30 Ju12008 10:29:16 -0500 To: <kman1ey@man1ey1and.com> cc: Jeff Matzke<jmatzke@CityofPRlORLAKE.com> Subject: Pike Lake Meadows Kurt: I just wanted to give you a heads up that the Pike Lake Meadows extension will expire on 9/17/08. If you are planning on asking for an extension, please be advised that our Code states that the request must be brought before the Council. Let me know if you have any questions. Have a good morning, Danette Danette Walthers-Moore Community Development and Natural Resources Director City of Prior Lake 952-447-9813 Think Green. Ji Please don't print this e-mail unless you really need to. Thank you. 9/412008