HomeMy WebLinkAbout5E - Deerfield Ind. Park 5th
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DECEMBER 5, 2005
5E
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE
EXTENSION OF THE DEADLINE FOR RECORDING THE FINAL PLAT OF
DEERFIELD INDUSTRIAL PARK 5TH ADDITION
DISCUSSION:
Introduction
Deerfield Development is requesting City Council approval of an extension to
the deadline for recording the final plat known as Deerfield Industrial Park 5th
Addition.
H istorv
On September 6, 2005, the Council approved Resolution 05-154, approving
the final plat know as Deerfield Industrial Park 5th Addition. A condition of
approval of the final plat is that it be recorded within 90 days, or by December
6,2005.
On November 29,2005, the Planning staff received an e-mail from the
developer requesting a 60 day extension of this deadline to February 6, 2006.
The developer has indicated the closing dates have been delayed 60-90 days
due to circumstances beyond their control.
Current Circumstances
Section 1002.408 of the Subdivision Ordinance states a final plat shall be null
and void if it is not recorded within the specified time frame. The City Council
may approve an extension to the time period if such a request is submitted in
writing and approved by the City Council prior to the expiration of the time
period. In this case, the final plat must be recorded by December 6, 2005.
Before the City will release a final plat, the Developer must pay the necessary
development fees. Deerfield Industrial Park 5th Addition, a 2 lot subdivision,
generated a total of $48,640.35 in fees. The Developer has not paid these
fees at this time. The request for the extension would allow the Developer
time to close on the lots and pay the fees.
Should the City Council deny this request for an extension, the final plat will be
null and void after December 6, 2005. The Developer would then be required
to resubmit a final plat apj:llication for City Council approval.
ISSUES:
The purpose of the recording deadline is to ensure that the development
moves forward in a timely manner, and to collect the appropriate fees. The
current development fees were adopted in January, 2005. The fees will not be
updated until 2007, so a 60 delay in recording the plat and collecting the fees
will not have an adverse impact.
www.cityofpriorlake.com
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FINANCIAL
IMPACT:
The only financial impact is the delay in collecting the development fees.
However, if the Council denies this extension, the City will not collect any
development fees until 2006.
ALTERNATIVES:
The City Council has two alternatives:
1. Adopt a resolution approving the request to extend the recording deadline
until February 6, 2006, as requested.
2. Deny the request for an extension, and direct the staff to prepare a
resolution to this effect.
The staff recommends Alternative #1.
RECOMMENDED
MOTION:
A motion and second adopting a resolution approving the request to extend
the recording deadline for the final plat known as Deerfield Industrial Park 5th
Addition until February 6, 2006 is appropriate.
Reviewed by:
Frank Boyl ,
\05 FILES\05 SUBDIVISiON\05 FINAL FLA T\Deerflsld Ind Park 5th\extension
Motion By:
Second By:
WHEREAS,
The Prior Lake City Council adopted Resolution 05-154, approving the final plat to be
known as Deerfield Industrial Park 5th Addition, on September 6, 2005; and
WHEREAS,
The resolution requires the final plat be recording within 90 days of approval or by
December6,2005;and
WHEREAS,
T~e Developer, Deerfield Development, has submitted a request to extend this
deadline for 60 days, until February 6, 2006; and
WHEREAS,
The City Council finds the extension of this deadline is not inconsistent with the intent
of Resolution 05-154 and with the provisions of Section 1002.408 of the Subdivision
Ordinance.
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 City Council hereby approves the extension of the recording deadline for the final plat known
as Deerfield Industrial Park 5th Addition, subject to the following condition:
a) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by February 6, 2006, will render
the final plat null and void.
PASSED AND ADOPTED THIS 5TH DAY OF DECEMBER, 2005.
YES
NO
Haugen Haugen
Fleming Fleming
LeMalr LeMalr
Pete,.en Pete,.en
Zle.ka Zle.ka
Frank Boyles, City Manager
l\Gh FiLFS\05 SUSDiViSiON'05 FiN!\L PLATDeertco~a~fAAPR8r~ion DOC
Phone 952.447.4230 / Fax 952.447.4245
Page 1 of 1
Jane Kansier
From: Jem Oem@integraonline.com]
Sent: Tuesday, November 29.20054:13 PM
To: JemNitro@aol.com; Jane Kansier
Subject: Deerfield 5th Addition
Follow Up Flag: Follow up
Flag Status: Red
Dear Ms. Kansier:
We are inquiring about the possibility of requesting a 60 day extension on the filing of the plat for Deerfield
Industrial Park 5th Addition. Unfortunately the closing dates are generate by the buyers and the closings have
been moved back 60 to 90 days due to circumstances beyond our control. If you have any questions, please call
me at (952) 447-5058.
Sincerely.
John Mesenbrink
12/2/2005