HomeMy WebLinkAbout#07 - Wyndham Village Final Plat ExtensionSTAFF REPORT
DATE: 05/19/2020
CONSENT
AGENDA ITEM: _____
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.
On October 1, 2019, the City Council approved a six month 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 March 31, 2020.
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: Joe Bush – Charles Cudd Co., 635 Bielenberg Drive, Woodbury MN 55125
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
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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 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 recently changed the
subdivision code to give applicants and developers 180 days to record a final plat.
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 time extensions for the recording of the final plat on July 2,
2019 and on October 1, 2019. The latest approval gave the developer until March 31, 2020 to record the
final plat. The developer/applicant is now requesting to have another 6 months (180 days - until
November 13, 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 October, 2019 letter of request, the developer outlined several reasons why he is requested the 180
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. The length of time required to receive all necessary plan approvals and permits, including those
from the Watershed District.
3. Project delays in finalizing project financing.
For this current request, the developer noted in his May 9, 2020 letter difficulties in getting the loans and
letters of credit from Fidelity Bank for both the house move and for the financing requirements in the
development agreement. He also notes they have addressed most if not all of the project issues and they
are now ready to move forward with the development and record the plat.
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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 November 13, 2020 to record the
final plat.
“Move to approve the requested time extension to November 13, 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 May 9, 2020
2. Wyndham Village Final Plat
May 9-2020
Request for Wyndham Village Final Plat Filing Extension .
Property: 11580 30th Street North lake Elmo Minnesota
Owner: The James R. Mcleod Revocable Trust
Proposer: James Mcleod, Landowner.
JP Bush Homes, Developer.
The City of Lake Elmo Approved our subdivision called "Wyndham Village". A beautiful 10 lot
development that required multiple steps for approval. Comprehensive Plan amendment, Metropolitan
Council Approval, Rezoning change, Preliminary and lastly Final plat approval on December 4th, 2018
and Final Resolution Approval on January 2nd, 2019. The City has granted extensions for the plat
recording in the past. Mr. Mcleod and Joseph Bush appreciates the support within the Community and
the City of Lake Elmo. Mr. Mcleod requests a new extension.
Per the City Code Section 153.08 (B) (4) is provision for a request for time extension is submitted in
writing and approved by the Council”. Mr. Mcleod and JP Bush have made significant strides towards
the Final plat recording with cooperation and help from Ken Roberts planning director. We have
completed the Watershed approvals and fulfilled the engineering items per the correspondence of the
City Engineer. Last month we were set for closing with fidelity bank who was providing the letters of
credit needed for the development. A week before closing we received notice that Fidelity Bank has
temporarily halted development loans in order to provide for the small business loan program (Covid-
19). Mr. Mcleod has since rearranged his financial portfolio so he himself can provide the needed cash
for the Development letters of credit. Mr. Mcleod is prepared to deliver the cash monies needed upon an
extension and DA approval. Please accept this letter officially Requesting for an extension to record the
final Plat documents. The amount of additional time I believe we need is 180 days. Please place this
request on your next agenda along with Staff recommendations.
Sincerely
Joseph bush Developer on behalf of the McLeod’s