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Home My WebLink About5K - South Lake village MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MARCH 5, 2007 5k JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR RECORDING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR SOUTH LAKE VILLAGE Introduction The purpose of this agenda item is to consider a request by Bealmake Partners, LLC, to extend the deadline for recording the final plat and Development Contract for South Lake Village. The property is located south of State Highway 13, east of Duluth Avenue and north of Village Lake Drive. This property is the current site of the South Lake Village Mall and the Hollywood restaurant. This report recommends approval of this request. History On December 18, 2006, the City Council approved Re~olution 06-213, approving the final plat and Development Contract for South Lake Village. This final plat subdivided the existing parcel, which is the current site of the South Lake Village Mall and the Hollywood restaurant, into 2 lots and one outlot. The existing buildings will each be located on a separate parcel, which will enable the owners to sell or finance each parcel individually. The outlot may be used for parking for the current mall, or for future development. A condition of approval of the final plat and development contract required the plat be recorded within 90 days of approval, or by March 18, 2007. Section 1002.305 of the Subdivision Ordinance states the final plat shall be considered null and void if not recorded within the prescribed time, unless a request for an time extension is submitted in writing and approved by the City Council prior to the expiration date. On February 15, 2007, the Planning staff received the attached letter from David Knodell, representing the developers requesting an extension of this deadline to October 18, 2007. Current Circumstances Although the developer has received final plat approval, no additional work has been done on this site. The Development Contract did not require any fees. There is a $2,000 Letter of Credit required, to guarantee placement of the lot corner monuments. This LOC can be collected prior to release of the final plat documents. The purpose of the application deadline is to keep the platting process moving forward. The extension of this deadline will allow the developers to delay recording, until after the property taxes are due in October, 2007. According to the attached letter, this allows the owners to collect the property taxes from the www.cityofpriorlake.com L\06 FILES\06 SUBDIVISIONS\PREf~pf'~1~95Z.'2t4~ :-zt~3cYiI19f:ltgg~~4'41:~~;4S; agenda 1SpOltDOC tenants. If the owners fail to meet this extended deadline, the final plat approval becomes null and void, and they will be required to resubmit an application for combined preliminary and final plat approval. FINANCIAL IMPACT: This action has no financial impact on the City. ALTERNATIVES: The City Council has three alternatives: 1. Adopt a resolution approving the request to extend the application deadline until October 18, 2007, as requested. 2. Continue this item for specific information or reasons per City Council discussion. 3. Deny the request and direct the staff to prepare a resolution denying the requested extension. Staff recommends Alternative #1. RECOMMENDED MOTION: A motion and second adopting Resolution #07 -xx approving an extension of the deadline for recording the final plat and development contract for South Lake Village to October 18, 2007. Reviewed by: l\06 FllES\06 SUBDI\!ISIONS\PREM & FINAL\South lake cc 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING THE FINAL AND DEVELOPMENT CONTRACT FOR SOUTH LAKE VILLAGE UNTIL OCTOBER 18, 2007 Motion By: Second By: WHEREAS, The Prior Lake City Council adopted Resolution 06-213 on December 18, 2006, approving the combined preliminary and final plat and development contract for South Lake Village; and WHEREAS, Resolution 06-213 Section requires the applicant to record the final plat and development contract within 90 days of approval, in this case by March 18, 2007; and WHEREAS, Bealmake Partners, LLC, the developer, has submitted a request to extend the recording deadline to October 18, 2007; and WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the provisions of Section 1002.305. 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 South Lake Village is extended from March 18,2007 to October 18, 2007. PASSED AND ADOPTED THIS 5TH DAY OF MARCH, 2007. Hauaen Haugen Hedbera Hedbera Erickson Erickson LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager t\06 FILES\OG SUBDMSiONS\PREM & FINAL\South ~.ic~~~flifJr1 msolutionOOC Phone 952.447.4230 / Fax 952.447.4245 Thursday. February 15, 2007 242 PM Knodell Law Office 763-416.1696 pm KNODELL LAW OFFICE 20305 County Rd. 50 Corcoran, Minnesota Fax 76,).416 -16\)6 email knolaw@knolaw,com P.O. Box 99 Hamel, Mt-J 55340-0099 Telephone 763.-416-3636 February 15, 2007 City Council City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, MN 55372-1714 Via United States Mail and Fax to 952-447-4245 c/o: Ms, Jane A. Kansier Planning Director Re: South lake Village Final Plat Resolution 06-213 Dear Council Members: I am writing on bellalf of Bealmake Partners, LLC, the owner of the property being ptatted as South lake Village. Clause 3.d) of Resolution 06-213 approving the plat reqLlIfes that Bealrnake Partners, LlC file the final plat by March 18,2007. Bealmake Partners, LlC hereby requests that you extend the time for filing the final plat to October 18, 2007, Bealmake's property is already developed with a shopping center and a standalone restaurant and bar. It is commercial, rental property,' The property taxes are paid by the tenants. Each tenant pays Bealmake one-twelfth of its allocable share with its monthly rent. By October 15 of each year, Bealmake has collected from the tenants the amounts necessary to pay the real property taxes payable that year and has paid them, Given the requirement that all properry taxes payablf! In rhp. yp.::lr .::l rl;:lt it:: fllprl Q~ paid before filinC1' BeiSllmske pl8nned to file the ,Qlat bcfori thp E'nrl nf ?OOR 81though Bealmake filed its plat application relatively late in 2006, its expectation that it could file the final plat by year-end was reasonable because of the excellent cooperation of H1e city planning staff in' the platting process. Unfortunately, the Scott County Surveyor's office did not review the final plat until after Resolution 06-213 was passed. Bealmake's surveyor tells me the Scott County Thursday, February 15, 2007242 PM f<nodell LaN Office 763-416-1696 p 03 Prior Lake City Council February 15, 2007 Page 2 Surveyor raised some issues that made it impossible for the Scott County Surveyor to complete its review in time to record the plat before the end of 2006 and 11a5 since raised a number of technical issues that our surveyor is in the process of addressing. Since Bealmake was unable to file the plat by the end of 2006 as planned, if it lllllst ~Jhe.~Jau)y Mar~..18.,..2.o.oZr4w.i~...t.cLp.aLcall Qf the reaL,Qropertv taxes Davable ill.. 2007 be_tore .it GED..Q,o.llecUhe.m..fLR,rnlts _Lenal)t5. That creates a hardship for Bealmake as '-meearly payment of taxes is not something it could budget In the operation of an already tfevelopea. l~a~~J fJroperty~~. ...- __w_ ,",,--~'-'- I will come to the council meeting at which you consider this request to answer any questions you may have. On behalf of Bealmake Partners, LLC, thank you for your consideration of this request. V 1,,- ! / e~tru{j-yo~rs',~/ . /1..' //__ r .' . .;;.-/. ,J Ii) t, ,~ ,-?' .~-tL:-" i........../ '...../ '7:.7; t David R. KrJode'1I / / / ~------ "Bealmake Partners, LLC's reasons for platting the property are: (1) to eliminate the need for dealing with an awkward, lengthy, metes-and-bounds legal description: (2) to comport with the new reality - after the property was bisected by the new Village Lake Drive - that the property really consists of three distinct parcels: the shopping center parcel, the restaurant-bar parcel and the triangle on the other side of Village Lake Drive: and (3) to have tax parcels that correspond to those three distinct parcels (The property is presently one parcel for subdivision purposes, but it is divided into three tax parcels. One of the tax parcels corresponds roughly to the portion being used for the standalone restaurant and bar. Whatever the historical reason may be for the way in which the rest of the property is divided into the othel- two current tax parcels, it no longer makes any sense.).