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HomeMy WebLinkAboutItem 06.kOctober 31, 2012 Item No. MORGAN SQUARE THIRD ADDITION PRELIMINARY PLAT EXTENSION NOVEMBER 5, 2012 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a three -year extension for the Morgan Square Third Addition preliminary plat. Adoption of this motion will allow the Dakota County Community Development Agency (CDA) three additional years to submit a final plat for the development of this preliminary plat. Overview The Dakota County CDA is requesting a three year extension to the Morgan Square Third Addition preliminary plat, which consists of 36 townhome lots on 6.73 acres. The plat is located at the south end of Keystone Avenue, south of 205t Street and west of Interstate 35 behind the Muller Family Theatre. The property is currently under a purchase agreement between Allen Homes and the CDA. When the Morgan Square Third Addition preliminary plat was approved by the City Council on November 2, 2009, the CDA anticipated construction of this project within three years so the City Council approved a three year extension with the approval of the preliminary plat. Due to unforeseen circumstances resulting from a legal dispute between the original seller of the property and Allen Homes, who purchased the property in 2002, the CDA project has been further delayed. Planning Department staff recommends that the City Council grant another three -year extension for the Morgan Square Third Addition preliminary plat to November 2, 2015. Primary Issues to Consider What will happen to the approved Morgan Square preliminary plat if the extension is not granted and when does the CDA anticipate development of the property? If the extension is not approved, the preliminary plat would become null and void which would require a new preliminary plat to be approved by the City Council prior to any future development of the property. The CDA anticipates development will occur within the timeframe of the requested three year extension. Supporting Information • September 21, 2012 email from the Dakota County CDA • October 23, 2012 email from Allen Homes authorizing the CDA request to the three year extension. • Morgan Square Third Addition Preliminary Plat Frank Dempsey, AICP, Associ [e Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision Ordinance Notes: Dempsey, Frank From: Kari Gill <KariGill @dakotacda.state.mn.us> Sent: Friday, September 21, 2012 11:29 AM To: Dempsey, Frank Subject: RE: Morgan Square Third Extension Hi Frank, Thank you for sending this reminder. The CDA would like to request that we do an extension for this project. I am not sure if Sharon Allen has contacted you, but Morgan Square, LLC did prevail in the lawsuit; this information was just received last week. However, there is a 60 day timeframe for submitting appeals so we will not take any action until we know if an appeal was filed by Lakeville Land, Ltd. If an appeal is filed, the case could continue for another year or two. If the CDA is able to purchase the property, we will would close as soon as legally permissible. We have other projects currently planned for 2013 construction because we did not know what the outcome of the lawsuit would be. If things move forward, we would anticipate beginning construction in the summer of 2014 and completing construction in the summer of 2015. If you can do a 3 year extension, that might be best but we would need at least a 2 year extension. Please let me know if you want me to write you a more formal letter for inclusion in your packet. Thank you for your assistance with this project. Kari R. Gill Deputy Executive Director Dakota County Community Development Agency 651 - 675 -4477 www.dakotacda.org Dempsey, Frank From: Sharon Allen <seallen5 ©mchsi.com> Sent: Tuesday, October 23, 2012 2:20 PM To: Dempsey, Frank Subject: Morgan Square To: The City Of Lakeville- Frank Dempsey From: Morgan Square LLC Re: Morgan Square Third Addition Plat Extension Honorable Mayor, City Council Members and Planning Commissioners; Morgan Square LLC, the owner of Outlot E Morgan Square addition, is in support of the Dakota County CDA's request extending the preliminary plat of Morgan Square Third Addition. The plat extension would be for three years thru 2015. We are delighted the CDA continues to demonstrate their commitment to develop this parcel. If you require any additional information from Morgan Square LLC please feel free to contact our office. We will be happy to accommodate your request. Sincerely, Sharon Allen Morgan Square LLC 1 0 5 0 "C T 5 0 C- C7 3 n 216.59 N0038'45'8 N77' 87.21 D¢11'0 R=239 02 600'38'45'E 9 5 v mN 32' 7 7 E 3 7 7 . 7 2 1 v4 9e 438.80 S00'08'5rW f 7/ rs,1 ,i(\A 1 /11711 L. 1 1 f1 L_/ - N 1 I \L_ / \LJ lJI 1\/1 MULLER FAMILY THEATRE HU 0 CI) O O 7 TONE m 5) 0