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HomeMy WebLinkAbout7A - Eagle Creek Villas Assisted Living Project AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 7A JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF REQUEST TO EXTEND THE DEADLINE FOR SUBMITTAL OF A FINAL PUD PLAN FOR THE EAGLE CREEK VILLAS ASSISTED LIVING FACILITY PROJECT IN THE PRIORVIEW PUD NOVEMBER 3, 1997 The purpose of this item is to consider a request by the developers of the Eagle Creek Villas Assisted Living Facility project to extend the application deadline for a Final PUD. The developers are requesting an additional 150 days to file a Final PUD plan. On September 2, 1997, the Council approved Resolution 97-78, approving the Preliminary PUD plan for the Eagle Creek Villas Assisted Living Facility in the Priorview PUD with several conditions. Section 5-5-12 (0,7) of the City Code requires an application for a Final PUD plan to be filed within 120 days of approval of the Preliminary PUD. In this case, the 120 days expires on January 2, 1998. On October 10,1997, the Planning staff received a letter from the developers requesting an extension of this deadline to April or May of 1998. The developers have indicated that it may take longer to obtain their financing for this project and they would prefer not to start construction in the winter months. The purpose of the application deadline is to keep the PUD process moving forward. In this case, the developers have been working on this project since the Preliminary Plan approval, and have even done some grading on the site. The extension of this deadline will allow the developers to obtain their financing, complete the necessary plans and submit the required application. If the developers fail to meet this extended deadline, they still risk withdrawal of Council approval of the Preliminary PUD approval and will be required to resubmit an application for a Preliminary PUD plan. Section 5-5-12 (0,7) of the City Code states: "A final plan shall be submitted with an application for final plan approval within one hundred twenty (120) days after Council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final 1:\97files\97puds\eag!el?.ud\preplan\extend.doc Page 1 16200 Eagle Creek Ave. ~.t., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REPORT ATTACHMENTS: approval or a request for an extension is not received within one hundred twenty (120) days, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submiHed following the preliminary plan procedure. There shall be a maximum of not more than one year granted by the City Council for any requested extension." The issue here is whether to allow the developers the requested extension, or to require they submit an application for a Final PUD plan by January 2, 1998. The requested extension only extends the time limits on a plan already approved by the Council. 1. Adopt Resolution 97-XX extending the application deadline until May 31,1998, as requested. 2. Continue this item for specific information or reasons per City Council discussion. 3. Deny Resolution 97-XX. Approve Alternative #1. The extension of the deadline is not inconsistent with the intent of the Zoning Ordinance in this specific case. A motion to adopt Resolution 96-XX extending the application deadline as requested. 1 . Resolution 2. Letter from Developer 1:\97files\97puds\eaglepud\preplan\extend.doc Page 2 RESOLUTION 97-XX RESOLUTION APPROVING THE EXTENSION OF THE APPLICATION DEADLINE FOR SUBMITTAL OF FINAL PUD PLANS FOR EAGLE CREEK ASSISTED LIVING FACILITY MOTION BY: SECOND BY: WHEREAS: the Prior Lake City Council adopted Resolution #97-78 on September 2, 1997, approving the Schematic PUD Plan for the Eagle Creek Assisted Living Facility in the Priorview PUD; and WHEREAS: Section 5-5-12 (D,7) of the City Code requires an application for a Final PUD shall be filed within 120 days of Preliminary Plan approval, in this case by January 2, 1998; and WHEREAS: the Developer has submitted a request to extend the application deadline to May 31, 1998; and WHEREAS: the City Council finds the extension of this deadline is not inconsistent with the intent of the provisions of Section 5-5-12 (D,7). NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that it hereby approves the extension of the application deadline for a Final PUD Plan for Eagle Creek Villas Assisted Living Facility in the Priorview PUD until May 31,1998. MOTION BY: SECOND BY: Passed and adopted this 3rd day of November, 1997. YES NO Andren Andren Robbins Robbins Kedrowski Kedrowski Mader Mader Schenck Schenck {Seal} City Manager City of Prior Lake 1:\97fi1es\97puds\eaglepud\preplan\rs97xxcc.doc PAGE 1 16200 Eagle Creek Ave. s.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER p ag[E. C7,E.E.k -rVL[[CL~~ City Of Prior lake Attn; Don Rye 16200 eagle Creek Ave. S.E. Prior lake, MN 55372 Dear Mr. Rye, We received your letter in regards to the Metropolitan Council Approval of Comprehensive Plan Amendment for Eagle Creek Villas Assisted Living Facility. We are aware that Section 5-5-12 (D, 7) requires that a final plan be submitted within 120 days after Council approval of the preliminary plan. We are requesting a extension for final PUD plan and the final plat, due to the extended period of time it took to get the Preliminary Plat approved, it may take us longer to get our financing approved and we prefer not to start building during the winter months. We would like to extend our permit into April or May of 1998. Thank you for your attention to this matter. Please contact us if you need more information from for the extension. oh Mesenbrink Eagle Creek Villas LLC /(')-/0- 97 7765 175th Street East Prior Lake, MN 55372 . Phone(612)447-5058 Fax(612)447-5036