Agenda Packets - 2009/10/26 - Laserfiche WebLink

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Item No: 7F Meeting Date: October 26, 2009 MOUP-ODS VIEW Type of Business: Action City Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Ken Roberts, Community Development Director Item Title/Subject: Resolution 7514, Reapproving the Final Plat and Development Agreement for the "Select Senior Living" Development; Introduction: On October 27, 2008, the City Council passed Resolution 7347, which approved the final plat and development agreement for the Select Senior Living development. This was the last of the Council actions required in order for the project to move forward. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 120 days. Due to the shakeup within the banking industry, Select Senior Living was not able to start the project within the allowed 120 days and their final plat and development agreement approval became void. On July 13, 2009, the City Council re-approved the final plat and development agreement for this project for another 120 days. This re-approval will expire on November 10, 2009. The applicant is hopeful that they will soon have another bank willing to partner with them and they can move forward with this development. Select Senior Living is once again asking for a 120 day re-approval of the final plat and development agreement which would expire on February 23, 2010. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within one hundred twenty (120) days, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993 Code).