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HomeMy WebLinkAbout#03 - DPS Lake Elmo 3rd Add FInal Plat Extension1 STAFF REPORT DATE: 06/18/24 CONSENT ITEM #: ______ MOTION TO: City Council FROM: Jenni Faulkner, Planning Consultant AGENDA ITEM: Final Plat Extension for DPS Lake Elmo 3rd Addition REVIEWED BY: Sophia Jensen, City Planner BACKGROUND: The City Council adopted Resolution 2022-103 approving the DPS Lake Elmo 3rd Addition final plat on November 1, 2022. The Subdivision Ordinance and resolution requires the subdivider to record the final plat within 180 days of approval or the plat becomes void. Resolution 2023-068 granted an extension to record until August 1, 2023. Since approval of the final plat and Development Agreement, the developer SRD 2.0 LLC (Shafer Richardson) has decided not to move ahead with the project. Roers Companies is currently under contract to purchase the site and project. Roers Companies is a multi-family national developer that has completed several projects in the Twin Cities over the past 10 years. (roerscompanies.com) Roers Companies is conducting due diligence and is asking for an extension of recording of the final plat to August 1, 2025. ISSUE BEFORE THE CITY COUNCIL: To consider whether to extend the final plat recording deadline to August 1, 2025. PROPOSAL DETAILS/ANALYSIS: Roers is requesting an extension while they conduct their due diligence on the site and project. It’s possible that the PUD, Development Agreement, and/or plat will need to be amended prior to recording of the final plat. We will know more as the developer presents the city with their proposed site plan and engineering drawings to compare to the original approval. FISCAL IMPACT None. OPTIONS The City Council should consider the following options: 1) To extend the preliminary plat deadline to submit final plat to August 1, 2025 2) To reject the preliminary plat extension request. 2 RECOMMENDATION: Staff is recommending that the City Council approve the request to extend the Final Plat recording deadline for the DPS 3rd Addition 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. 2024-073, extending the Final Plat recording deadline for the DPS 3rd Addition to August 1, 2025.” ATTACHMENTS: 1. Resolution 2024-073 2. Roers Letter of Request CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2024-073 A RESOLUTION APPROVING AN EXTENSION FOR THE FINAL PLAT RECORDING DEADLINE FOR THE DPS LAKE ELMO 3rd ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, SRD 2.0 LLC, 900 North 3rd Street, Minneapolis, MN 55401 submitted an application to the City of Lake Elmo (City) for a Final Plat and Final PUD Plan for the DPS Lake Elmo 3rd Addition, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on May 23, 2022, the Lake Elmo Planning Commission reviewed and recommended approval of DPS Lake Elmo 3rd Addition; and WHEREAS, on August 16, 2022, the Lake Elmo City Council reviewed and approved DPS Lake Elmo 3rd Addition Preliminary Plat; and WHEREAS, on November 1, 2022, the Lake Elmo City Council adopted Resolution 2022-103 approving DPS Lake Elmo 3rd Addition final Plat; and WHEREAS, Resolution 2022-103 requires the final plat be recorded within 180 days of approval; and WHEREAS, the deadline for recording DPS Lake Elmo 3rd Addition was April 30, 2023; and WHEREAS, SRD 2.0 LLC submitted a request for an extension to the Final Plat recording deadline of the approved plat to allow for additional time to address engineering comments and financing items; WHEREAS, Resolution 2023-068 extended the deadline for recording DPS Lake Elmo 3rd Addition to August 1, 2024; and WHEREAS, SRD 2.0 LLC is no longer the developer and Roers Companies is under contract for the site and project; WHEREAS, Roers Companies has submitted a request for an extension to the Final Plat recording deadline of the approved plat to allow for time to conduct their due diligence on the project; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby extend the Final Plat recording deadline to August 1, 2025 for DPS Lake Elmo 3rd Addition subdivision. Passed and duly adopted this 18th day of June 2024 by the City Council of the City of Lake Elmo, Minnesota. ______________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ Julie Johnson, City Clerk Two Carlson Parkway | Suite 400 | Plymouth, MN 55447 roerscompanies.com Date: To: From: CC: Re: May 31st, 2024 Sophia Jensen, City Planner, City of Lake Elmo Logan Schmidt, Developer, Roers Companies Jenni Faulkner, Senior Planner, Bolton & Menk, Inc. DPS Lake Elmo 3rd Addition Final Plat Extension Request Dear Lake Elmo Staff, Please accept this memo as a formal request from the applicant (Roers Companies) to extend the timeline relating to the recording of the final plat. As identified in Resolution No. 2022-103 approving the final plat (effective November 1, 2022), the former applicant, Schafer Richardson (SRD2.0, LLC), was required to record the approved plat with Washington County within 180 days of City Council approval. The former applicant later extended the recording date to August 1, 2024, but has since terminated their contract on the site. Roers Companies now has the parcel under contract and is actively reviewing plans and discussing next steps with the City. Whereas the Final Plat cannot be recorded until the transfer of ownership and “closing” of the project, Roers Companies is hereby requesting an extension of the Final Plat recording date to August 1, 2025 in order to allow additional time needed to complete due diligence, permitting, and commence with construction. We are excited to work with the City of Lake Elmo and are eager to get the project off the ground. Please don’t hesitate to reach out to us with any additional questions or concerns related to this request. Sincerely, Logan Schmidt Developer Roers Companies CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2024-073 A RESOLUTION APPROVING AN EXTENSION FOR THE FINAL PLAT RECORDING DEADLINE FOR THE DPS LAKE ELMO 3rd ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, SRD 2.0 LLC, 900 North 3rd Street, Minneapolis, MN 55401 submitted an application to the City of Lake Elmo (City) for a Final Plat and Final PUD Plan for the DPS Lake Elmo 3rd Addition, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on May 23, 2022, the Lake Elmo Planning Commission reviewed and recommended approval of DPS Lake Elmo 3rd Addition; and WHEREAS, on August 16, 2022, the Lake Elmo City Council reviewed and approved DPS Lake Elmo 3rd Addition Preliminary Plat; and WHEREAS, on November 1, 2022, the Lake Elmo City Council adopted Resolution 2022-103 approving DPS Lake Elmo 3rd Addition final Plat; and WHEREAS, Resolution 2022-103 requires the final plat be recorded within 180 days of approval; and WHEREAS, the deadline for recording DPS Lake Elmo 3rd Addition was April 30, 2023; and WHEREAS, SRD 2.0 LLC submitted a request for an extension to the Final Plat recording deadline of the approved plat to allow for additional time to address engineering comments and financing items; WHEREAS, Resolution 2023-068 extended the deadline for recording DPS Lake Elmo 3rd Addition to August 1, 2024; and WHEREAS, SRD 2.0 LLC is no longer the developer and Roers Companies is under contract for the site and project; WHEREAS, Roers Companies has submitted a request for an extension to the Final Plat recording deadline of the approved plat to allow for time to conduct their due diligence on the project; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby extend the Final Plat recording deadline to August 1, 2025 for DPS Lake Elmo 3rd Addition subdivision. Passed and duly adopted this 18th day of June 2024 by the City Council of the City of Lake Elmo, Minnesota. ______________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ Julie Johnson, City Clerk