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HomeMy WebLinkAbout5L Extending Deadline for Recording PUD Amendment for Hickory ShoresPRIp ti U r 4646 Dakota Street SE IMvfiso� Prior Lake, NIN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 16, 2011 AGENDA #: 5L PREPARED BY: JEFF MATZKE, PLANNER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR RECORDING THE PUD AMENDMENT FOR HICKORY SHORES DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Signature Bank to extend the deadline for recording a major PUD Amendment for the Hickory Shores development. The site is located at on the south side of TH 13 and north and west of Crystal Lake and Rice Lake. History On September 20, 2010 the City Council approved Resolution 10 -087 approving a PUD Amendment for Hickory Shores. This PUD Amendment proposed a modification to the townhome design of the originally approved PUD. On November 15, 2010 the City Council approved Resolution 10 -111 approving an extension of the recording deadline for the PUD Amendment Resolution 10 -087 until May 20, 2011. Current Circumstances Section 1002 of the Subdivision Ordinance states the PUD Amendment resolution shall be considered null and 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. On May 6, 2011, the City staff received the attached letter from Signature Bank, the current property owner, requesting an extension of the deadline for recording the PUD Amendment for Hickory Shores. This extension would be for a period of six (6) months (November 20, 2011). Conclusion Due to the withdrawal of the potential developer from the project and the need for Signature Bank to continue the finalize plans with a prospective buyer, City Staff believes the request to extend the recording deadline for a period of six (6) months appears reasonable in this case. ISSUES: The purpose of the recording deadline is to keep the development process moving forward and to provide prospective sellers information concerning platting and zoning restrictions. The extension of this deadline will allow Signature Bank, the property owner, to delay recording the Amendment to the PUD, so that they may continue to finalize plans with a prospective developer of the project. If the owner fails to meet this extended deadline, the PUD Amendment approval will become null and void. If the resolution is adopted, allowing for an extension of the deadline for recording the Hickory Shores PUD Amendment, Signature Bank shall record a resolution stating that the land is subject to an amendment to the plat and that will not be effective until /unless it is recorded. The resolution disclosing the PUD Amendment shall be recorded against the property by May 31, 2011 or the extension shall be null and void. FINANCIAL This action has no direct financial impact; however, the ability for Signature IMPACT: Bank to successfully market the PUD development will result in the construction of additional housing units within the City. ALTERNATIVES: The City Council has the following alternatives: 1. Adopt a resolution approving the request to extend the recording deadline for 6 months, until November 20, 2011, as requested. 2. Adopt a resolution approving an extension for another specified time limit. 3. Deny the request and direct the staff to prepare a resolution denying the requested extension. RECOMMENDED Staff recommends Alternative #1. A motion and second adopting MOTION: Resolution #11 -xx approving an extension of the deadline for recording the PUD Amendment for Hickory Shores to November 20, 2011. Reviewed by: Frank Boyles, City Manager 2 SIGN,q'TCIRE BANK May 6, 2011 Jeff Matzke Planner Community Development & Natural Resources Dept. City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 RE: Hickory Shores PUD Amendment Resolution recording extension request Dear Mr. Matzke: I am hereby requesting a six (6) month extension to the current recording deadline of May 20'', 2011 for the Hickory Shores PUD Amendment (without Exhibit A). As you are aware, the project is currently under contract and this buyer has requested this extension to finalize their plans and complete their due diligence. Thank you, RY6 Meier,,' Vice Present