HomeMy WebLinkAbout#05 - Wyndam Village Final Plat Time ExtensionSTAFF REPORT
DATE: 4/16/2019
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 memorialize the City Council’s
final plat approval.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is now being asked to consider a request from J. P. Bush Homes (Joe Bush) for
approval of a 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
(Ordinance No. 08-212). The City Council approved the Final Plat on
December 4th 2018 and formally approved the Final Plat with Resolution No.
2018-XXX 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:
2
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 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. They are requesting to have about 3 months,
until July 1, 2019, 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 letter of request, the developer outlined several reasons why he is requesting the 90 day time
extension to record the final plat and why he wants the City to grant the time extension. They include:
1. Confusion and delays about the house moving approval including staff changes and road
restrictions.
2. The length of time required to receive all necessary plan approvals and permits, including those
from the Watershed District.
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:
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 July 1, 2019 to record the final plat.
“Move to approve the requested time extension to July 1, 2019 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 received 4-05-2019 (2 pages)
2. Wyndham Village Final Plat