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4646 Dakota Street SE
Prior Lake,MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 27, 2015
AGENDA#: 51
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT
DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING
EXTENSION OF THE DEADLINE FOR RECORDING A FINAL PLAT
FOR EAGLE CREEK COMMERCIAL
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request by KRB
Development Inc. to extend the deadline for recording a final plat for the
Eagle Creek Commercial development. The site is located along Credit
River Road.
History
On December 8, 2014 the City Council approved Resolution 14-190
approving the final plat for Eagle Creek Commercial. This development
consists of two commercial lots (one for a future Kwik Trip location) and
an Outlot for future commercial development. On January 26, 2015 the
City Council approved Resolution 15-016 allowing an extension for
recording the final plat until May 7, 2015.
Current Circumstances
A condition of approval of Resolution 15-016 required the plat to be
recorded by May 7, 2015. 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.
On April 21, 2015, City staff received correspondence from KRB
Development Inc., the developer, requesting an extension of the deadline
for recording the final plat. This extension would be for a period of an
additional 90 days past the current expiration, or until August 5, 2015.
Conclusion
The developer has been working to finalize the details of the property
closing with Kwik Trip, and payment of City development fees before the
City releases the final plat for recording. Staff believes the request to
extend the recording deadline for a period of 90 days 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 the developer to delay recording in order for him to
finalize their financing arrangements and to pay all city fees.
FINANCIAL This action has no direct financial impact; however, the implementation
IMPACT: of the development plan will result in the opportunity for additional
development within the City.
ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to authorize
extension of the deadline for recording a final plat for Eagle Creek
Commercial.
2. Motion and a second to deny the extension request.
RECOMMENDED Alternative#1
MOTION:
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4646 Dakota Street SE
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RESOLUTION 15-xxx
A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING A FINAL PLAT
FOR EAGLE CREEK COMMERCIAL
Motion By: Second By:
WHEREAS, The Prior Lake City Council adoption Resolution 14-190 on December 8, 2014, approving a
Final Plat for Eagle Creek Commercial; and
WHEREAS, The Prior Lake City Council adopted Resolution 15-016 on January 26, 2015 approving an
extension to record the Final Plat for Eagle Creek Commercial; and
WHEREAS, KRB Development Inc. (the"Developer") is currently required to record the Final Plat by May
7, 2015; and
WHEREAS, The Developer has submitted a written request to extend the recording deadline another 90
days to August 5, 2015 in order to provide sufficient time for the Developer to finalize sale of
the property and pay all City development fees 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 for Eagle Creek Commercial is extended an additional 90
days from May 7, 2015 to August 5, 2015 to provide sufficient time for the Developer to finalize sale of
the property and to pay all City development fees.
3. A copy of this resolution must be filed by the Developer at the Scott County Land Records Office by
May 7, 2015, or the extension will be null and void.
PASSED AND ADOPTED THIS 27th DAY OF APRIL, 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager