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HomeMy WebLinkAbout#21 - Four Corners 2nd Addition Time ExtensionSTAFF REPORT DATE: 01/07/2020 TO: Mayor and City Council FROM: Ken Roberts, Planning Director ITEM: Four Corners Second Addition - Final Plat Recording Time Extension REVIEWED BY: Sarah Sonsalla, City Attorney BACKGROUND: On August 20, 2019, the City Council approved the Four Corners Second Addition final plat. City Council Resolution 2019-60 approving the final plat gave the developer/applicant 120 days to record the final plat with Washington County after City Council approval. ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to consider a request from Terry Emerson for approval of a six-month time extension for the recording of the final plat for the Four Corners Second Addition. (Please see the attached letter dated December 23, 2019 from Mr. Emerson explaining this request.) PROPOSAL DETAILS/ANALYSIS: General Information. General Information. • Property Owner: Terry Emerson, 2204 Legion Lane Circle North, Lake Elmo, MN 55042 • Location: North of I-94/Hudson Boulevard and West of Manning Avenue North, lying east of 11530 Hudson Boulevard North • Current Site Area: 56.9 acres • Land Use Guidance: The 2040 Comprehensive Plan guides the eastern part of the site as Commercial and the western part as Business Park. • Current Zoning: Commercial • Current Surrounding Land Use Guidance: Vacant land to the north (Rural Development Transitional); I-94 to the south (Woodbury); Stillwater School Bus facility and vacant land to the west (Rural Development Transitional); Manning Avenue to the east (West Lakeland). • History: The property has been used as rural vacant land. 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 now states in part “If not filed within 180 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.” (This part of the subdivision code was changed to 180 days with the update approved by the City Council on November 5, 2019. The previous version of the subdivision code required the recording of final plats within 120 days of City approval). 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. The City Council approved the final plat for the Four Corners Second Addition on August 20, 2019. This approval was memorialized with the adoption of Resolution 2019-060. Condition 16 in the Resolution stated “that the applicant record the Final Plat with Washington County within 120 days of City Council approval (as required by the City Code).” As such, the developer or applicant would have had until December 17, 2019 (120 days from August 20, 2019) to record the final plat to meet the 120 day time limit as set in the City Council resolution. Mr. Emerson sent the Planning Director an e-mail asking for a time extension for the recording of the final plat on December 2, 2019. Unfortunately, his e-mail did not provide enough information explaining or justifying the time extension request and he did not provide the City with the $100 application fee. Mr. Emerson recently paid the City the $100 application fee and provided the City with a letter dated December 23, 2019 explaining the reasons he is requesting a 6-month time extension to record the final plat. Request Details In his letter of request, Mr. Emerson outlined several reasons why he is requesting a 6 month time extension to record the final plat. They included: 1. Difficulties in working with the utility companies about the relocation of the utilities and the designs for their facilities. 2. The length of time required to receive all necessary plan approvals and permits, including those from the State of Minnesota for ponding and drainage. Staff does not see a problem with granting a time request for the recording of the final plat as it would be better to not have a developer start construction of a phase of a project until they are sure that it will succeed. However, as the City Council is aware, the construction and implementation of this project (especially the extension of public water and sanitary sewer to the area) is directly tied to the construction and installation of utilities for the Four Corners First Addition. As requested and if approved by the City Council, a 6-month time extension would go to July 7, 2020 for recording the final plat. If the developer does not record the final plat for the Four Corners Second Addition within the approved time, the City Council may wish to consider ending the approval of the final plat. This time extension request does not change the City’s final plat approval nor the conditions of approval granted by the City. The final plat and the project plans will still be required to meet all the conditions of approval as this development moves forward to completion. RECOMMENDATION: 3 Staff recommends that the City Council approve a time extension for the recording of the Four Corners Second Addition Final Plat. This approval grants the developer until July 7, 2020 (6 months) to record the final plat. “Move to approve the requested time extension of 6 months (to July 7, 2020) for the recording of the Four Corners Second Addition 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 December 23, 2019 2. City Council Resolution 2019-060 3. Four Corners Second Addition Final Plat