HomeMy WebLinkAbout5F Bluffs of Candy Cove extension
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 6, 2012
AGENDA #: 5 F
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE
DEADLINE FOR RECORDING THE FINAL PLAT AND DEVELOPMENT
CONT RACT FOR THE BLUFFS OF CANDY COVE
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request by Jason Miller to
extend the deadline for recording a Final Plat and Development Contract
f or the Bluffs of Candy Cove development . The site is located along Candy
Cove on Prior Lake at the intersection of Candy Cove Trail and State
Highway 13.
History
On December 19, 2011 the City Council approved Resolution 11 - 148
a pproving the Final Plat and Development Contract for the Bluffs of Candy
Cove . This development proposes a 3 lot single family subdivision.
Current Circumstances
A condition of approval of Resolution 11 - 148 required the plat be recorded
within 60 days of approval, or by February 19, 2012 . Section 1002 of the
Sub division Ordinance states the 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 February 1, 2012 , the City s taff received the attached letter from Jason
Miller , the developer , requesting an extension of the deadline for recording
the final plat and development contract . This extension would be for a
period of 60 days ( April 17 , 201 2 ) .
C onclusion
As part of the condition s of approval of the Bluffs of the Candy Cove Final
Plat the City Council required that an access easement shall be granted for
the 3 lots across the City - owned parcel (25 - 000 - 000 - 0). The developer and
City Staff have bee n working to finalize the details of the access easement;
however, the final documentation may not be finished prior to the recording
deadline of the plat. Mr. Miller and the property owner next to the plat have
also sought to reach an accord which would b e mutually beneficial. C ity
Staff believes the request to extend the recording d eadline for a period of
60 days appears reasonable in this case.
ISSUES: The purpose of the recording deadline is to keep the development process
moving forward and to p rovide prospective sellers information concerning
platting and zoning restrictions. The extension of this deadline will allow
the developer to delay recording, so that the pending access easement
details can be finalized prior to recording the plat. If t he owner fail s to meet
this extended deadline, the Final Plat approval will become null and void. If
the resolution is adopted, allowing for an extension of the deadline for
rec ording the Final Plat and Development Contract , the extension
resolution shall be recorded against the property by February 17 , 201 2 or
the extension shall be null and void.
FINANCIAL This action has no direct financial impact; however, t he implementation of
IMPACT:
the development plan will result in the opportunity for additio nal housing
units within the City.
ALTERNATIVES: The City Council has the following alternatives:
1. Adopt a r esolution approving the request to extend the recording
deadline for 60 days , u ntil April 17, 2012 as requested.
2. Deny the request and direct th e staff to prepare a resolution denying
the requested extension.
RECOMMENDED Staff recommends Alternative #1. A motion an d second adopting
MOTION:
Resolution #12 - xx approving an extension of the deadline for recording the
Final Plat and Development Co ntract for Bluffs of Candy Cove to April 17 ,
201 2 .
2
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 1 2 - xx
A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING A FINAL PLAT AND
DEVELOPMENT CONTRACT FOR THE BLUFFS OF CANDY COVE UNTIL APRIL 17, 2012
Motion By: Second By:
WHEREAS, The Prior Lake Ci ty Council adopted Resoluti on 11 - 148 on Decem b e r 19, 2011 , approving a
Final Plat and Development Contract for the Bluffs of Candy Cove ; and
WHEREAS, The applicant is required to record the Final Plat and Development Contract within 60 days of
appro val, in this case by February 1 9 , 201 2 ; and
WHEREAS, Jason Miller , the developer , has submitted a request to extend the recording deadline to April 17,
2012 ; and
WHEREAS, Jason Miller has requested the extension of the deadline to
allow additional time so that the pending
access eas ement details can be finalized prior to recording the plat .
NOW THEREFORE , BE IT HEREBY RESOLVE D BY THE CITY COUNCI L OF PRIOR LAKE, MIN NESOTA as
follows:
1. The recitals set forth above are incorporated herein.
2. The deadline for recording the Final Plat and Development Contract for the Bluffs of Candy Cove is extended
from February 19 , 201 2 to April 17 , 2012 .
3. A copy of this resolution must be file d at the Scott County Land Records Office by February 17 , 201 2 or the
extension shall be null and void.
PASSED A ND ADOPTE D THIS 6 DAY OF FEBRUARY 2012 .
TH
YES NO
Myser Myser
Erickson Erickson
Hedberg Hedberg
Keeney Keeney
Soukup Soukup
______________________________
Frank Boyles, City Manager
Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com