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Home My WebLink About#11 - Boulder Ponds 4th Addition Extension STAFF REPORT DATE: 03/5/2019 CONSENT MOTION TO: City Council FROM: Ben Prchal - City Planner AGENDA ITEM: Final Plat recording deadline time extension for Boulder Ponds 4th Addition REVIEWED BY: Ken Roberts – Planning Director BACKGROUND: The City Council adopted Resolution 2018-108 approving the Boulder Ponds 4th Addition final plat for a 95 unit congregate housing unit (senior housing) on September 18, 2018. The developer has not yet recorded the final plat. The applicant, Trident development has submitted a request for a time extension to record the final plat. The applicant has stated in their narrative that they purchased the property and have been looking to finalize the closing and construction plans for the project. The applicant is hoping to keep their final plat approval valid which is why the City received a request to extend their final platting period. ISSUE BEFORE COUNCIL: The City Council is being requested to consider whether or not to extend the final plat recording deadline for the Boulder Ponds 4th addition. They are requesting a final plat recording date of no later than July 17, 2019. PROPOSAL DETAILS/ANALYSIS: Applicants: Trident Development, LLC, 3601 18th Street South, St. Cloud, MN 56301 Property Owners: OP4 Boulder Ponds, LLC, 11445 Viking Drive, Ste 350, Eden Prairie, MN 55344 Location: Outlots B and C, Boulder Ponds, PID#s 34.029.21.33.0023 and 34.029.21.33.0024 Request: Final Plat Recording Time Extension Existing Land Use: Vacant property Existing Zoning: HDR – High Density Residential Comprehensive Plan Guidance: High Density Residential History PUD General Concept Plan approval: 12/17/2013 by Resolution 2013-109; Preliminary Plat and PUD Plans approval: 9/16/2014 by Resolution 2014-073; Boulder Ponds Zoning Map and PUD Amendment: 12/6/2016 by Ord. 08-149; Boulder Ponds 4th Addition Final Plat approval: 9/18/2015 by Resolution 2018-108; Deadline(s) for Action: Application Complete – 2/8/2019 60 Day Deadline – 4/9/2019 Applicable Regulations: Chapter 153.10 B. (4) Recording of final plat Page 2 Platting extensions are not uncommon between developments, whether it is for a preliminary plan deadline for review or a final plat recording deadline. There have been plat time extension requests for the Boulder Ponds development as a whole but this would be the first time extension request for this phase/project within the development. Section 153.10 (4) of the City code below, has the requirement to have a final plat recorded within 120 days of approval: 153.10 (4) Recording final plat - If the final plat is approved by the Council, the subdivider shall record it with the County Recorder within 120 days after the approval. If not filed within 120 days, approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the Council. The subdivider shall, immediately upon recording, furnish Administrator with 2 paper prints and 1 reproducible film positive of the plat showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in the plat until the City has received evidence of the plat being recorded by the County. The property received City approval for the final plat and PUD on September 18, 2018. With the 120 rule applied to that date they would have had until January 16, 2019 to record the necessary documents. Staff transitioning coupled with their need to work through construciton plans and finalize their financial structure has lead to their plat recording deadline being missed. Staff does not see the benefit in allowing the approval to become void. Beyond the 120 recording deadline, granting the extension would not allow exceptions to the conditions or relevent aspects of the City code. Simply put it avoids a re-review of an already approved project. There is not an established length of time that the City can or should grant for time extensions. Instead each case should be reviewed on a case-by-case basis. FISCAL IMPACT: None. Page 2 OPTIONS: The City Council should consider the following options: 1) Extend the final plat recording deadline to July 17, 2019 2) Reject the final plat recording time extension request, thus requiring another City review of the final plat. RECOMMENDATION: Staff is recommending that the City Council approve the request to extend the Final Plat recording deadline for the Boulder Ponds 4th Addition Congregate Housing project as part of tonight’s consent agenda. If removed from the consent agenda, then Staff recommends the City Council approve the request with the following motion: “Move to adopt Resolution No. 2019-016, extending the Final Plat recording deadline for the Boulder Ponds 4th Addition to July 17, 2019.” ATTACHMENTS: 1. Resolution 2019-016 2. Trident Development Extension Request Letter 3. Resolution 2018-108 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2019-016 A RESOLUTION APPROVING A TIME EXTENSION FOR THE RECORDING OF THE FINAL PLAT DEADLINE OF THE BOULDER PONDS 4TH ADDITION SUBDIVISION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Trident Development, LLC, 3601 18th Street South, St. Cloud, MN 56301, submitted an application to the City of Lake Elmo (City) for a Final Plat for a 95-unit assisted living and memory care building on Lots B and C of the Boulder Ponds development (PIDs: 34.029.21.33.0023 and 34.029.21.33.0024); and WHEREAS, on August 27th, 2018, the Lake Elmo Planning Commission reviewed and recommended approval of the Boulder Ponds Final Plat and PUD Plans for the 4th addition; and WHEREAS, on September 18, 2018, the Lake Elmo City Council adopted Resolution 2018-108, approving the Boulder Ponds Fourth Addition Final Plat and PUD Plans; and WHEREAS, Trident Development, LLC. submitted a request for a 6-month extension to the Final Plat recording deadline of the approved plat to allow for additional time to prepare final plans and gather appropriate funding; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve an extension solely to the Final Plat recording deadline for the Boulder Ponds 4th Addition, and does hereby extend the Final Plat recording deadline to July 17, 2019 subject to the following condition(s): 1. That all of the conditions outlined in resolution 2018-108 are satisfied before the City releases the Final Plat for recording. Passed and duly adopted this 5th day of March, 2019 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk