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Home My WebLink About5G - Bluffs of Shady Beach Extension C PRIp�6N* tri 4646 Dakota Street SE 41I1vNEsoPrior Lake. MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 9, 2014 AGENDA #: 5G PREPARED BY: DAN ROGNESS, COMMUNITY & ECON. DEVELOPMENT DIRECTOR PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE BLUFFS OF SHADY BEACH DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Greg Schweich to extend the deadline for recording a Final Plat and Development Contract for the Bluffs of Shady Beach development The site is located along between Shady Beach Trail and Aspen Avenue. History On April 14, 2014 the City Council approved Resolution 14-047 approving the Final Plat and Development Contract for the Bluffs of Shady Beach. This development proposes a 21-lot single family subdivision as a Planned Unit Development. Current Circumstances A condition of approval of Resolution 14-047 pursuant to Subsection 1002.305 of the City Code required the plat be recorded within 60 days of approval, or by June 14, 2014. Subsection 1002 of the Subdivision 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. This same subsection authorizes extensions. On June 4, 2014, City staff received the attached email from Greg Schweich, the developer, requesting an extension of the deadline for recording the final plat. The email indicates that due to a delay in an unrelated transaction, his firm has been unable to assemble the cash needed for a cash security deposit and payment of city fees. He believes that cash will be available within seven days. This extension is contemplated in the attached approving resolution would be for a period of 60 days, or until August 13, 2014. The City Code does appear to give the city council flexibility to make the extension shorter or longer should it desire. Conclusion The developer has been working to finalize the details of the payment of all fees and escrows before the City releases the final plat for recording. 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 the developer to delay recording in order for him to finalize his financing arrangements to pay all city fees. The extension resolution shall be recorded against the property by June 13, 2014, or the extension shall be null and void. As the city council is aware, storms of late have resulted in considerable erosion from this plat draining onto Shady Beach Trail and ultimately to the lake. The staff has recommended and the developer is in the process to fortifying the existing erosion control to comply with this direction. During the development process, graded land is more likely to be susceptible to erosion regardless of the amount of protection provided. The city code gives the city considerable power to correct storm related problems in such circumstances. But the corrections by their nature tend to be reactive. Since any extension could be viewed as prolonging the period in which the property is particularly susceptible to the elements, and the developer has indicated that he needs only a seven day extension, the council could consider a shorter extension of, say 15 or 30 days. Staff has not asked the developer about this option. Such action would have the twofold effect of providing the developer the time he needs to assemble his funds while reducing delays in the issuance of building permits. The city has one building permit pending for this subdivision. FINANCIAL This action has no direct financial impact except to potentially delay fee IMPACT: payment; however, the implementation of the development plan will result in the opportunity for additional housing units within the City. ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to authorized extension of the deadline for recording a final plat and development contract for the Bluffs of Shady Beach for 60 days. 2. Remove this item from the consent agenda and approve an extension different than that recommended herein. 3. Remove this item from the consent agenda and adopt a Motion and a second to deny the extension request. RECOMMENDED Alternative#1 MOTION: ATTACHMENTS: Email from Greg Schweich dated June 4, 2014 2 I86)0 U 4646 Dakota Street SE "rrNso'c' Prior Lake,MN 55372 RESOLUTION 14-xxx A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE BLUFFS OF SHADY BEACH Motion By: Second By: WHEREAS, The Prior Lake City Council adoption Resolution 14-047 on April 14, 2014, approving a Final Plat and Development Contract for the Bluffs of Shady Beach; and WHEREAS, Greg Schweich (the"Developer") is required to record the Final Plat and Development Contract within 60 days of City Council approval, in this case by June 14, 2014; and WHEREAS, The Developer has submitted a written request to extend the recording deadline another 60 days to August 13, 2014 in order to provide sufficient time to complete financing arrangements to pay all city fees/escrows required prior to recording the plat. 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 the Bluffs of Shady Beach is extended an additional 60 days from June 14, 2014 to August 13, 2014 to provide sufficient time for the Developer to finalize all city fee and financing requirements. 3. The City Council will not grant another extension to the recording of the Final Plat and Development Contract for the Bluffs of Shady Beach. 4. A copy of this resolution must be filed by the Developer at the Scott County Land Records Office by June 13, 2014, or the extension will be null and void. PASSED AND ADOPTED THIS 9th DAY OF JUNE, 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ 0 0 0 0 Abstain 0 0 0 0 0 Frank Boyles, City Manager Dan Rogness From: Greg Schweich <gschweich@coppercreekmn.com> Sent: Wednesday,June 04,2014 8:53 AM To: Dan Rogness Cc: Jeff Matzke Subject: Extension for Final Plat Bluffs of Shady Beach Dan Rogness Community and Economic Development Director City of Prior Lake Dan, Please let this e-mail serve as a written request to extend the filing of the final plat for Bluffs of Shady Beach for an additional 60 days. Copper Creek Development, LLC is going to put a cash deposit with the city for the improvements.The funds are coming from another land transaction which involves a 1031 exchange and has been delayed. I anticipate that happening within the next 7 days and at that time we will provide the city with the cash for the improvements. Thank you for your consideration in advance. grew Schwa chv q4py' CC)l'I'1 IAIINir. + Copper Creed cVe'velopwientt, LLC 14198 Coitune rce'Ave vwt ei NE Suttee 500 Prior La.Tcei, MIA/55372 ochw ch@cappercVeek4nru.carve 952-484-6800 Mobile' 1