HomeMy WebLinkAbout#07 - Final Plat Recording Time Extension - Wyndham VillageSTAFF REPORT
DATE: 10/01/2019
CONSENT
TO: Mayor and City Council
FROM: Ken Roberts, Planning Director
ITEM: Wyndham Village - Final Plat Recording Time Extension
REVIEWED BY: Sarah Sonsalla, City Attorney
BACKGROUND:
On December 4, 2018, the City Council approved the Wyndham Village final plat. On January 2,
2019, the City Council approved Resolution 2019-006 that formally memorialized the City Council’s
final plat approval.
On April 16, 2019, the City Council approved a 90 day time extension for the recording of the final
plat for Wyndham Village. This time extension granted the developer approval to record the final
plat before July 1, 2019.
On July 2, 2019, the City Council approved another time extension for the recording of the final plat
for Wyndham Village. This time extension granted the developer approval to record the final plat by
October 1, 2019.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is being asked to consider a request from J. P. Bush Homes (Joe Bush) for approval
of another time extension for the recording of the final plat for Wyndham Village. (Please see the
attached letter from Joe Bush explaining this request.)
PROPOSAL DETAILS/ANALYSIS:
General Information.
Applicant: JP Bush Homes, 1980 Quasar Ave S, Lakeland, MN 55043
Property Owner: James McLeod, 11580 30th St N, Lake Elmo, MN 55042
Location: Part of the southwest quarter of the southeast quarter of Section 13,
Township 29 North, Range 21West
PID: 13-029-21-43-0001
History: A Comprehensive Plan Amendment to re-guide the property from Rural
Single Family to Village Low Density Residential was approved by the City
Council on February 7, 2018 and by Metropolitan Council on March 14,
2018. The Preliminary Plat was approved July 17, 2018 (Resolution No.
2018-066), and an application to rezone the property from Rural Single
Family to Village Low Density Residential was approved July 17, 2018
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(Ordinance No. 08-212). The City Council approved the Final Plat on
December 4th 2018 and formally approved the Final Plat on January 2, 2019.
On March 5, 2019, the City Council approved the required house moving
agreement for this development.
TIME EXTENSION REQUEST – REVIEW AND ANALYSIS:
City Code Requirements
Section 153.10 (B) (4) of the City Code has the requirements for recording a final plat. It states in part “If
not filed within 120 days, approval of the final plat shall be considered void, unless a request for a time
extension is submitted in writing and approved by the Council.”
The City approved the final plat for Wyndham Village on December 4, 2018 and formalized the approval
on January 2, 2019 with the adoption of Resolution 2019-006. As such, the developer or applicant would
have had until May 1, 2019 (120 days from January 2, 2019) to record the final plat to meet the 120 day
time limit set by the City Code. The owners submitted a letter to the City on April 5, 2019 asking for a 90
day time extension to record the final plat for Wyndham Village. The City Council approved the time
extension request on April 16, 2019 giving the developer until July 1, 2019 to record the final plat.
As noted above, the City Council granted another time extension for the recording of the final plat on July
2, 2019. This approval gave the developer until October 1, 2019 to record the final plat. The
developer/applicant is now requesting to have another 6 months (180 days - until March 31, 2020), to
record the final plat. The City Code is silent, however, on what if any considerations, requirements or
criteria the City should use when considering such a time extension request. As such, the City should
review each time extension request on a case-by-case basis.
Request Details
In his July 2019 letter of request, the developer outlined several reasons why he requested the 90 day time
extension to record the final plat and why he wanted the City to grant the time extension. They included:
1. Confusion and delays about the sharing of information for drainage calculations for the ponding
area.
2. Difficulties in working with adjacent property owners/developers with easements and utility and
street designs.
3. The length of time required to receive all necessary plan approvals and permits, including those
from the Watershed District.
For this current request, the developer noted in his letter difficulties in getting the letters of credit for both
the house move and for the financing requirements in the development agreement. He also notes that they
have addressed these issues and ready to record the plat but with the winter weather approaching it could
push some of the development activities into the spring – thus the need for the time extension.
Staff does not see a problem with this request as it would be better to not have a developer create lots and
start construction of a phase of a project until they are sure that it will succeed. In addition, this delay
should not negatively affect any of the neighbors or other developments in the area.
This time extension request does not change the City’s final plat approval nor the conditions of approval
granted by the city on December 4, 2018 and On January 2, 2019. The final plat, the project plans and the
house moving will still be required to meet all the conditions of approval as this development moves
forward to completion.
RECOMMENDATION:
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Staff recommends that the City Council approve the requested time extension for the recording of the
Wyndham Village Final Plat. This approval grants the developer until March 31, 2020 to record the final
plat.
“Move to approve the requested time extension to March 31, 2020 to record the Wyndham Village
Final Plat. This approval is subject to the applicant/developer meeting all City required conditions of
approval for the final plat.”
ATTACHMENTS:
1. Final Plat Recording Time Extension letter dated September 20, 2019
2. Wyndham Village Final Plat