HomeMy WebLinkAbout#15 ES CC Hidden Meadows 4th Extension 1-19-161
MAYOR AND COUNCIL COMMUNICATION
DATE: 1/19/2016
REGULAR #15
MOTION
AGENDA ITEM: Request from Rockpoint Church to Extend Final Plat Submission
Deadline for Hidden Meadows 2nd Addition
SUBMITTED BY: Stephen Wensman, City Planner
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Joan Ziertman
SUMMARY AND ACTION REQUESTED:
The City Council is being asked to consider a request to extend the final plat deadline for Hidden
Meadows 2nd Addition which will ultimately establish the residential portion of the OP
development south of Rockpoint Church. The preliminary plat for Hidden Meadows 2nd Addition
was approved by the City in 2006 and the City Code requires that a final plat be submitted within
180 days of the preliminary plat approval. In this case, the Council did approve three separate
extensions to this deadline of one year, five years, and six months respectfully, and the current
deadline expired on August 2, 2013.
The Church is requesting the extension at this time because it is presently in discussion with a
potential developer to purchase the property. The church is requesting another 3 year extension to
allow time for a potential buyer of the plat to close the sale of the property, and to find an alternate
buyer if the property does not sell. According to the church, the potential buyer intends to develop
the property as it was originally approved.
Staff recommends the Council either approve or deny the request for a final plat extension for
Hidden Meadows 2nd Addition. If the Council wishes to deny the request, then the motion is:
“Move to deny the request from Rockpoint Church to extend the deadline to submit a final plat
related to Hidden Meadows 2nd Addition for a period of three years until January 5, 2019.”
If the Council wishes to support the request, then the alternate suggested motions are as follows:
“Move to approve the request from Rockpoint Church to extend the deadline to submit a final
plat related to Hidden Meadows 2nd Addition for a period of three years until January 5, 2019.
2
REVIEW:
According to City Code, the Plat is void. The Plat expired on August 2, 2013. The council’s past
motion precluded any further extensions unless the easement was granted for the planned water
line. The easement was executed by the Church on 1/12/16.
BACKGROUND INFORMATION:
The Staff report from the previous extension request included the following information, which is
still valid at this point in time:
The City Attorney and the developer’s attorney created a temporary easement agreement
that provides the City with the desired protection of the open space areas until such time
that a final plat is approved.
The City Attorney confirmed that there is no cap on the length of time for a final plat
extension. Council has the ability to extend a final plat for as many years as deemed
necessary.
Ultimately, the extension of the final plat is in the City’s best interest as easements are in
place to protect the future dedicated open space areas until the final plat is approved.
Additionally, granting the requested extension provides a financial incentive to the
developer to follow through with the residential development in the future once market
conditions are right.
Outlots A & B, which make up the land to be developed into the OP subdivision, are not
tax exempt.
By city code, outlots are not useable as building sites. Therefore, utilization of either outlot
A or B for any purpose other than open space could not occur without City approval.
Not granting an extension will result in the developer losing preliminary plat approval,
which in turn makes pursuing other development opportunities an option, but costing the
owner.
If the requested extension is not approved the developer will need to submit a new preliminary plat
in order to pursue any development on the effected property. Note that the City will still have
easements over the open space areas if this occurs in the interim period, but the incentive to follow
through with the desired residential development will have diminished.
RECOMMENDED ACTION:
Staff recommends the Council either approve or deny the request for a final plat extension for
Hidden Meadows 2nd Addition. If the Council wishes to deny the request, then the motion is:
“Move to deny the request from Rockpoint Church to extend the deadline to submit a final plat
related to Hidden Meadows 2nd Addition for a period of three years until January 5, 2019.”
If the Council wishes to support the request, then the alternate suggested motions are as follows:
“Move to approve the request from Rockpoint Church to extend the deadline to submit a final
plat related to Hidden Meadows 2nd Addition for a period of three years until January 5, 2019.
3
ATTACHMENTS:
Hidden Meadows 2nd Addition Preliminary Plat.
Resolution 2016 - __ Denying the 4th Extension of Hidden Meadows 2nd Addition.
Resolution 2016 - __ Approving the 4th Extension of Hidden Meadows 2nd Addition.
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………Planning Director
- Questions from Council to Staff ............................................. Mayor Facilitates
- Public Input, if Appropriate .................................................... Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
1
Resolution 2016-__
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-__
A RESOLUTION APPROVING
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, on July 25th, 2005, the Lake Elmo Planning Commission reviewed and
recommended approval of an amended OP Concept Plan for Deer Glen subject to certain
conditions; and
WHEREAS, on August 16, 2005, and September 6, 2005, the Lake Elmo City Council
reviewed the recommendations of the Lake Elmo Planning Commission along with revised OP
concept plans for Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution
2005-102 which approved the amended OP Concept Plan of Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Emo City Council approved an
amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect
the amended OP Concept Plan dated September 6, 2005; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an
amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect
the amended OP Concept plan dated September 6, 2005; and
WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for
Hidden Meadows 1st Addition, previously referred to as Deer Glen; and
WHEREAS, the developers agreement for Hidden Meadows 1st Addition required future
platting of the residential portion of the approved plan; and
WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year
extension to the deadline for the final plat submittal for the residential portion of the approved
plan, thereby extending the final plat deadline to January 2, 2008; and
WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution
2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013;
and
WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month
extension to the final plat submittal deadline to August 2, 2013 with the understanding that future
2
Resolution 2016-__
extension will be considered after the dedication of a utility easement across the Church’s
property consistent with the location of a planned 16” water line; and
WHEREAS, on August 3, 2013, the Hidden Meadows 2nd Addition Plat became void for
failure to extend the plat in a timely manner; and
WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year
extension to the final plat submittal to allow a perspective buyer time to close on the purchase of
the development property or to find an alternate buyer if the property does not sell; and
WHEREAS, on January 12, 2016, Rockpoint Church executed for recording a utility
easement across its property consistent with the location of a planned 16” water line as requested
by the City Council; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the request for a 3 year plat extension for Hidden Meadows 2nd Addition.
This resolution was adopted by the City Council of the City of Lake Elmo on this 19th day of
January, 2016.
____________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
1
Resolution 2016-__
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-__
A RESOLUTION TO DENY
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, on July 25th, 2005, the Lake Elmo Planning Commission reviewed and
recommended approval of an amended OP Concept Plan for Deer Glen subject to certain
conditions; and
WHEREAS, on August 16, 2005, and September 6, 2005, the Lake Elmo City Council
reviewed the recommendations of the Lake Elmo Planning Commission along with revised OP
concept plans for Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution
2005-102 which approved the amended OP Concept Plan of Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Emo City Council approved an
amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect
the amended OP Concept Plan dated September 6, 2005; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an
amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect
the amended OP Concept plan dated September 6, 2005; and
WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for
Hidden Meadows 1st Addition, previously referred to as Deer Glen; and
WHEREAS, the developers agreement for Hidden Meadows 1st Addition required future
platting of the residential portion of the approved plan; and
WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year
extension to the deadline for the final plat submittal for the residential portion of the approved
plan, thereby extending the final plat deadline to January 2, 2008; and
WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution
2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013;
and
WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month
extension to the final plat submittal deadline to August 2, 2013 with the understanding that future
2
Resolution 2016-__
extension will be considered after the dedication of a utility easement across the Church’s
property consistent with the location of a planned 16” water line; and
WHEREAS, on August 3, 2013, the Hidden Meadows 2nd Addition Plat became void for
failure to extend the plat in a timely manner;
WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year
extension to the final plat submittal to allow a perspective buyer time to close on the purchase of
the development property or to find an alternate buyer if the property does not sell; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny
the request for a 3 year plat extension for Hidden Meadows 2nd Addition.
This resolution was adopted by the City Council of the City of Lake Elmo on this 19th day of
January, 2016.
____________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk