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Home My WebLink About# 24 - 2017 Hidden Meadows 2nd Addition Final Plat Extension Denial STAFF REPORT DATE: 9/19/17 CONSENT ITEM #: MOTION TO: City Council SUBMITTED BY: Emily Becker, Planning Director AGENDA ITEM: Hidden Meadows 2nd Addition Final Plat Extension Request Denial REVIEWED BY: Joan Ziertman, Planning Program Assistant BACKGROUND: At its last meeting, the City Council voted to deny approval an extension request by from Mark Guenther of RM Investments, LLC & Mpls Re, LLC of 13925 Fenway Blvd N, Hugo, MN 55038 to extend the final plat deadline for Hidden Meadows 2nd Addition from November 2, 2017 to April 30, 2018. ISSUE BEFORE COUNCIL: The Council is being asked to consider a request to approve a Final Plat extension request by RM Investments LLC & Mpls Re, LLC for Hidden Meadows 2nd Addition from November 2, 2017 to April 30, 2018. PROPOSAL DETAILS/ANALYSIS: Reason for Request. As previously stated at the last Council meeting, the applicant requested that an extension be granted due to the many conditions upon which Final Plat was approved. The developer does not see it feasible to meet all of these conditions in the time provided. Reason for Denial. The Council cited the reason for denial of the extension request was that the Preliminary Plat had been approved in 2006 (approximately 11 years ago), and many standards have since changed, creating a number of deviations from current code and standards. Additionally, the plat has already received a number of extensions, as shown in the history below: • Hidden Meadows 1st Addition final plat approval on 5/16/2006 by Resolution 2006-048; • A 1-year final plat extension was approved on 01/02/2007 by Council motion; • A 5-year final plat extension was approved on 12/11/2007 by Resolution 2007-97; • A 6-month final plat extension was approved on January 15, 2013 by Council motion; • A 2-year final plat extension was approved on 01/19/2016 by Council motion. • Approval by Council for Final Plat on 07/05/2017 by Resolution 2017-073. Result of Not Granting Extension Request. If the developer is unable to meet the conditions to which Final Plat approval was granted and record the plat by November 2, 2017, the applicant or property owner will have to begin the planning process again, submitting new preliminary and final plat applications to bring forth a new development plan meeting current ordinances and standards. OPTIONS: The Council has the following options: 1. Adopt Resolution 2017-094 denying Hidden Meadows 2nd Addition Final Plat extension request. 2. Do not adopt Resolution 2017-094 denying Hidden Meadows 2nd Addition Final Plat extension request and direct Staff to bring back a Resolution approving the extension request to a later meeting. RECOMMENDATION: Staff recommends the Council adopt Resolution 2017-094 denying the request for Hidden Meadows 2nd Addition Final Plat extension. “Move to adopt Resolution 2017-094 denying a Final Plat extension request for Hidden Meadows 2nd Addition to April 30, 2018.” ATTACHMENTS: 1. Resolution 2017-094 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-094 A RESOLUTION DENYING AN EXTENSION FOR HIDDEN MEADOWS 2ND ADDITION FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, RM Investments, LLC & Mpls Re, LLC of 13925 Fenway Boulevard N, Hugo, MN, 4125 Napier Ct NE, St. Michael, MN 55376 (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates 2nd Addition, a copy of which is on file in the City of Lake Elmo Planning Department; 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 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 WHEREAS, on May 17, 2017, RM Investments, LLC and Mpls RE, LLC,139 Fenway Boulevard, N, Hugo, MN (applicant) submitted an application for final plat of Hidden Meadows 2nd Addition; and WHEREAS, on June 12, 2017, the Lake Elmo Planning Commission reviewed the final plat application and made a recommendation for approval with conditions; and WHEREAS, on July 5, 2017, the Lake Elmo City Council approved a Final Plat for Hidden Meadows 2nd Addition, subject to a number of conditions; and WHEREAS, the Hidden Meadows 2nd Addition plat must be recorded within 120 days of Final Plat approval (November 2, 2017); and WHEREAS, on August 7, 2017, RM Investments, LLC and Mpls RE, LLC applied for a Final Plat extension from November 2, 2017 to April 30, 2018 for Hidden Meadows 2nd Addition in order to allow sufficient time to meet the conditions of Final Plat approval; and WHEREAS, the Lake Elmo City Council considered and denied the extension request at its September 5, 2017 meeting due to the almost 11 years that have passed since the Hidden Meadows Preliminary Plat approval and the number of extensions already granted for the Hidden Meadows 2nd Addition Final Plat. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby deny the request for a Final Plat extension for Hidden Meadows 2nd Addition from November 2, 2017 to April 30, 2018. This resolution was adopted by the City Council of the City of Lake Elmo on this 19th day of September, 2017. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk