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V.6. Releasing Property within the Sanctuary at Oak Ridge Plat from Past City Approvals; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: November 20, 2018 Subject: Releasing Property within the Sanctuary at Oak Ridge Plat from Past City Approvals Proposed Action Adopt Resolution 2018-088 releasing property within Sanctuary at Oak Ridge plat from certain recorded documents. Overview This is a “housekeeping” item related to finalizing the Sanctuary at Oak Ridge Plat. The property that is to be platted as Sanctuary at Oak Ridge was previously part of the plat of Oak Ridge Place 2nd Addition. In August of 2003, the City Council approved a site plan (City Council Resolution 05-67) and variance (City Council Resolution 05-69) related to a condominium project that was never developed. The current owner of the Property, Airborne Construction Oak Ridge, LLC, requests the City Council adopt a resolution releasing the property from these approvals and resolution. This request has been reviewed by staff and the City Attorney and both recommend approval. Attachments Resolution 2018-088 Resolution Releasing Property Within Sanctuary at Oak Ridge Plat from Certain Recorded Documents. Resolution 2005-067 Approving a Site Plan to Construct a Condo Building Resolution 2005-069 Approving a Variance for a Lot Not Having Frontage on a Public Right-of- Way. 1 544746v1 DTA HP145-44 CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2018-088 RESOLUTION RELEASING PROPERTY WITHIN SANCTUARY AT OAK RIDGE PLAT FROM CERTAIN RECORDED DOCUMENTS WHEREAS, the real property that is to be platted within the plat known as Sanctuary at Oak Ridge in the City of Hopkins, Hennepin County (the “Property”) was previously part of the plat of Oak Ridge Place 2nd Addition; and WHEREAS, on August 3, 2005, the City Council approved a site plan related to a condominium project that was proposed on the Property by adopting Resolution No. 05-67; and WHEREAS, on August 3, 2005, the City Council also approved a variance related to the same condominium project by adopting Resolution No. 05-69; and WHEREAS, the aforementioned condominium project was never developed on the Property and so the City’s respective approvals related thereto are no longer valid; and WHEREAS, the current owner of the Property, Airborne Construction Oak Ridge, LLC, has requested the City Council adopt a resolution releasing the Property from Resolution 05-67 and Resolution 05-69 so it can obtain an exchange certificate from the Hennepin County Examiner of Titles with said resolutions removed from the certificate. NOW, THEREFORE, BE IT RESOLVED BY the City of Hopkins City Council, that the following two documents apply to a proposed condominium project that was never developed on the Property and, since the Property is to be platted and developed as Sanctuary at Oak Ridge, it is no longer subject to the approvals contained in said documents. Therefore, the City does hereby release the Property from the following documents: 1. Resolution No. 05-67, Resolution Making Findings of Fact and Approving a Site Plan to Construct a Condo Building by the City of Hopkins, dated August 3, 2005, recorded November 21, 2005 as Document No. T4191166; and 2. Resolution No. 05-69, Resolution Making Findings of Fact and Approving a Variance for a Lot Not Having Frontage on a Public Right-Of-Way by the City of Hopkins, dated August 3, 2005, recorded November 21, 2005 as Document No. T4191165. Approved this 20th day of November, 2018, by the City Council of the City of Hopkins, Minnesota. CITY OF HOPKINS, MINNESOTA Molly Cummings, Mayor 2 544746v1 DTA HP145-44 Attest: Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 05-67 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN TO CONSTRUCT A CONDO BUILDING WHEREAS, an application for Site Plan Review SPR05-4 has been made by Mike Halley; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Mike Halley on June 24,2005; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on July 26, 2005: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staffwere considered; and 4. A legal description of the subject property is as follows: Lot 2, Block 1, Oak Ridge Place 2nd Addition NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan Review SPR05-4 is hereby approved based on the following Findings of Fact: 1. That the proposed use meets the requirements for site plan review. BE IT FURTHER RESOLVED that application for Site Plan Review SPR05-4 is hereby approved subject to the following conditions: 1. That the watershed district approves the proposed development. 2. That the public works department approves the final drainage, utility and grading plans. 3. That the subject site is replatted. 4. That the subject site is rezoned from Institutional to R-5. 5. That the Comprehensive Plan is amended to designate the subject site from Institutional to High Density Residential. 6. That the variance is granted allowing a lot with no frontage on a public right-of- way. Adopted this 3rd day of August 2005. ATTEST: CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: R05-69 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VARIANCE FOR A LOT NOT HAVING FRONTAGE ON A PUBLIC RIGHT-OF-WAY WHEREAS, an application for Variance VN05-5 has been made by Mike Halley; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN05-5 was made by Mike Halley on June 24, 2005; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on July 26, 2005: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of the City staff were considered; and 4. Legal description of the parcel is as follows: Lot 2 Block 1 Oak Ridge Place 2nd Addition NOW, THEREFORE, BE IT RESOLVED that application for Variance VN05-5 IS hereby approved based on the following Findings of Fact: 1. That the City is not required to maintain a public road to the subject parcel 2. That a private road will service both lots. 3. That the parcel will have a permanent easement to the private road. BE IT FURTHER RESOLVED that application for Variance VN05-5 is hereby approved based on the following conditions: 1. That the final plat is approved. 2. That the park dedication fee is paid. 3. That the site plan is approved to construct the condo building. 4. That the property is rezoned from Institutional to R-5. 5. That the property has the Comprehensive Plan designation is amended from Institutional to High Density Residential. 6. That there is a permanent easement from the lot to the private road. Adopted this 3rd day of August 2005. ATTEST: L~