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SU070
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
STAFF AGENDA REPORT
CONSENT (b)
DEB GARROSS, DRC COORDINATOR
CONSIDER REQUEST TO EXTEND FILING DEADLINE FOR THE
PLAT OF CARDINAL RIDGE FIRST ADDITION.
DECEMBER 6,1993
On November 16, 1993, staff received a letter from James W.
Johnston requesting the City Council to grant an extension for filing
the final plat of Cardinal Ridge First Addition with Scott County. The
applicant is in the process of resolving title issues related to the
property and believes that they will be resolved prior to the plat
expiration date of December 18, 1993 but requests a 45 day
extension in the event that issues cannot be resolved.
Subdivision Ordinance 87-10, Section 6-3-4 (G) permits the City
Council to grant up to Qne, sixty day extension for the filing of a final
plat with Scott County: "The subdivider has sixty days from the date
of final approval to record the final plat and relevant documents with
Scott County. Any final plats that are not filed within sixty days of
final plat approval shall become null and void. The Council may
extend the recording time for sixty days upon written request by
the subdivider or for other good cause as determined by the City
Council. "
The final plat of Cardinal Ridge First Addition was approved on
October 18, 1993 via Resolution 93-84 and will expire on
December 18, 1993. The applicant has requested a 45 day
extension for filing the final plat with Scott County. Staff has no
objection to the extension request and recommends that the City
Council grant a maximum 60 day extension to February 18, 1994.
Please note that there is no gain to the developer nor City if the plat
is allowed to expire. The applicant can file another final plat,
consistent with the preliminary plat approval. The result of not
granting an extension would be that another hearing before the City
Council would need be scheduled for final plat approval requiring
the payment of an additional final plat fee of $5.00 dollars per lot.
The consequence of allowing the plat to expire would interrupt the
City planned extension of fish Point Road and installation of
utilities. One additional note, the fee amounts associated with the
-1-
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
final plat are valid through December 31, 1993. After January 1,
1993 the fees will be adjusted according to the 1994 fee schedule
adopted by the City Council. The developer has the option to pay
the fees at the 1993 rate until December 31 st or be subject to a
possible increase in fees based upon the 1994 fee schedule.
ALTERNATIVES:
1.
Grant a 45 - 60 day filing extension for the final plat of
Cardinal Ridge First Addition as requested by the
developer.
2. Table or continue this item for specific reasons as
determined by the City Council.
3. Deny the time extension request which would render the
plat null and void as of December 18, 1993.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion as part of the consent agenda to approve an extension
date for filing the final plat of Cardinal Ridge First Addition to
February 18, 1994.
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..
Suite 608.4940 Viking Drive. Minneapolis, Minnesota 55435.612-835-2808
CORPORATION
November 16, 1993
Mr. Horst Graser
City Planner
City of Prior Lake
4629 SE Dakota Street
Prior Lake, MN 55372
RE: Cardinal Ridge First Addition
Dear Horst:
Sienna Corporation has entered into negotiation with a top quality builder for the purchase of
our Phase II lots. Because of the interconnection of these negotiations with our Phase I
improvements and platting, we do not want any short delays therefrom to void our 60-day
final plat approval, which expires on December 18.
This letter may be premature, but because the Council meets on December 6 and then not
again until December 20, we are hereby requesting a 45-day extension of plat filing to
February I, 1994. We hopefully won't need this, but we would rather be safe than sorry.
Thank you for your cooperation and assistance.
Planners . Developers · Contractors
r-~
FllX COP'(
November 9, 1993
Sienna Corporation
Attention: Jim Johnston
4940 Viking Drive
Suite 608
Minneapolis, MN 55435
Dear Mr. Johnston,
The purpose of this letter is to infonn you of the items that are still outstanding regarding the
conditions that must be met prior to the release of the final plat of Cardinal Ridge First Addition.
The City is still awaiting items 1, 5, 10 and 12 from Resolution 93-48 to be completed before we can
release the final plat.
1. A title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
5. The Developer's Agreement, as drafted by the City Engineer, shall be signed and fully
executed prior to the release of the Final Plat. All fees shall be paid prior to release
of the Final Plat.
10. Appropriate drainage and utility easements be provided acceptable to the City
Engineer.
12. Outlot E be given to the City for parks and open space as specified on the preliminary
plat and in a manner approved by the City Attorney.
According to the Prior Lake Subdivision Ordinance 6-3-4-G, you have sixty (60) days from the date of
final approval to record the final plat and relevant documents with Scott County. Any final plats
that are not filed within sixty (60) days of final plat approval shall become null and void. The
Council may extend the recording time for sixty (60) days upon written request by the subdivider or
for other good cause as detennined by the City Council. This resolution was adopted and passed
October 18, 1993, and will become null and void on December 18, 1993.
If I can be of any further assistance to you, please feel free to contact me at 447-4230, extension 213.
Sincerely,
J -
,-~)!!l. mWLLIlJ
Gina M. Mitchell
Associate Planner
enc
cc DRC Members
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
RESOLUTION 93-84
RESOLUTION OF THE PRIOR LAKE CITY COUNCn. SETIING FORTH
CONDmONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF
CARDINAL RIDGE FIRST ADDITION.
MOTION BY:
KEDROWSKI
SECONDED BY: wmTE
WHEREAS, the City Council has approved the Final Plat of Cardinal Ridge First Addition.
NOW, TIIEREFORE, BE IT HEREBY RESOLVED BY TIlE CITY COUNCIL OF TIlE CI1Y
OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following
conditions to be met, prior to release of, and recording of said plat:
1. A title opinion or commitment of title insurance be submitted acceptable to the City
Attorney.
2. Payment of park support fees in accordance with City Policy at the time of building
permit.
3. Building permits shall not be issued until a contract has- been awarded for the
construction of municipal sewer and water. Occupancy permits will not be issued until
improvements are accepted by the City Engineer.
4. No building pennits shall be issued until the Final Plat is filed and recorded with Scott
County with the exception of one pennit which may be issued to the underlying legal
description for the entire parcel.
5. The Developer's Agreement, as drafted by the City Engineer, shall be signed and fully
executed prior to the release of the Final Plat. All fees shall be paid prior to release of the
Final Plat.
6. Homes built upon lots within the sulxlivision will be subject to architectural controls and
the 22% lot coverage ratio ofthe Zoning Code.
7. Boulevard and front yard trees be planted upon each lot as indicated on the planting plan
for the fmal plat
8. The "City Copy" hardshell, containing all required signatures be returned to the Prior
Lake Planning Office prior to issuance of any building permits for the plat.
9. A fmal set of construction plans be submitted acceptable to the City Engineer along with
fmal construction costs in order to prepare an accurate developers agreement.
10. Appropriate drainage and utility easements be provided acceptable to the City Engineer.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL oPPORTUNITY EMPlDYER
11. The tree planting plan for Block 4 be amended to increase the percentage of Summit Ash
to at least 20% in order to comply with the Subdivision Ordinance.
12. Outlot E be given to the City for parks and open space as specified on the preliminary
plat and in a manner approved by the City Attorney.
13. The Developer and Owner agree that Outlot B shall be conveyed for consideration to the
City for road and utility purposes at the earlier of the following two events, (1) Final
platting of any portion of the property which includes Outlot B; or, (2) the subdivision
and development of the contiguous land to the south of the property, if the City
detennines that Outlot B is reasonably necessary for access to and from said land. Upon
written notice from the City of the occurrence of either event, Owner and/or Developer
shall execute and deliver to the City a quit claim deed for Outlot B. Reimbursement for
Fish Point Road land right-of-way will be based upon the City's policy at the time of
dedication for street collectors.
14. The developer agrees to distribute literature to future buyers of lots which indicate the
park/trail/sidewalk improvements approved as part of the development.
Passed and adopted this 18th day of October, 1993.
Andren
Fitzgerald
Kedrowski
Scott
White
Yes
X
X
X
X
X
No
Andren
Fitzgerald
Kedrowski
Scott
White
!
Fran!G Boyles
City Mabager
City of Prior Lake
( Seal)