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HomeMy WebLinkAbout20080721 - VIII-B-3VIII-B-3 Memo To: Mayor Hicks and City Council Members From: John Hinzman, Planning Director Date: July 21, 200>~ Subject: Resolution- Approve Development Extension #2005-07 & 2005-60 -Three Rivers Place REQUEST Robert Abdo seeks to extend the approvals for the following actions related to Three Rivers Place, located on Block 2, Town of Hastings: 1) Preliminary Plat Approval- Three Rivers Place (City Council Resolution 04-13-OS) 2) Special Use Permit Approval- Impervious Surface Coverage (City Council Resolution No. 04-14-OS) 3) Special Use Permit- 1~ Floor Residential Use (City Council Resolution No. OS-OS-OS) 4) Site Plan Approval- 49 Unit Condo Building (City Council Resolution No. OS-06-OS) 5) Final Plat Approval- Three Rivers Place (City Council Resolution No. 10-04-OS) Mr. Abdo has requested a two year extension (July 31, 2010) and urges the Council to consider a three year extension (July 31, 2011). The sunset clause dates on the attached resolution have been left blank and will be filled in per the direction of the City Council Public Improvement Changes The City of Hastings will-complete street and utility work adjacent to Block 2 later this year. Street reconstruction would occur at roughly the same elevation as existing streets. Engineering plans for Three Rivers Place contemplated an elevation change. Three Rivers civil engineering plans will need to be modified to incorporate the change. ATTACHMENTS • Resolution Extension • Abdo Request HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING CITY COUNCH, RESOLUTION NOS. 04-13-05, 04-14-05, OS-OS-OS, 05-06- 05, AND 10-04-05 EXTENDING THE DEVELOPMENT APPROVALS RELATING TO THREE RIVERS PLACE, A ONE LOT, SUBDIVISION CONTAINING 49 RESIDENTIAL UNITS LOCATED ON BLOCK 2, TOWN OF HASTINGS, DAKOTA COUNTY, MINNESOTA. Council member moved its adoption: introduced the following Resolution and WHEREAS, The City Council of the City of Hastings previously adopted Resolution Nos. 04-13-05, 04-14-05, OS-OS-OS, OS-06-05, and 10-04-OS granting preliminary plat, special use permit for impervious surface, special use permit allowing fast floor residential use, site plan approval, and final plat approval, respectively for Three Rives Place, a one lot subdivision containing 49 residential units legally described as the North Half of Block 2, TOWN OF HASTINGS, Dakota County, Minnesota; and WHEREAS, City Council Resolution Nos. 04-13-05, 04-i4-O5, OS-OS-OS, OS-06-O5, and 10-04-OS were subject to certain conditions of approval including a sunset clause requiring "significant progress" towards completion within two years of City Council approval; and WHEREAS, The City Council has previously adopted Resolution No. 04-07-07 extending development approvals until July 31, 2008. WHEREAS, Robert Abdo, owner of the property seeks an extension to the city approvals to allow for future construction. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby modifies Resolution Nos. 04-13-05, 04-14-05, OS-05-05, OS-06-05, and 10-04-05 as follows: 1) Approval is subject to a sunset clause. Approval is null and void if significant work has not commenced by -(date) NOW THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1) All other conditions of Resolution Nos. 04- i 3-05, 04-14-05, OS-OS-OS, OS-06-O5, and 10-04- 05 shall remain in effect. 2) Construction plans for Three Rivers Place will need to be modified to incorporate new street and utility public improvements. Council member _ vote adopted by Ayes: _ Nays: _ Absent: ATTEST: present. moved a second to this resolution and upon being put to a Paul J. Hicks, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 21~` day of July, 2008, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JVVH) 101 4th St. East Hastings, MN 55033 Page 1 of 1 John Hinzman From: Bob Abdo [RAbdo@lommen.com] Sent: Thursday, May 08, 2008 4:41 PM To: John Hinzman Cc: alongihastings@comcast.net; John Grossman; allenmost@comcast.net; Alan Ploeger Subject: Extension of approvals John, As we discussed, because the condo market is basically nonexistent and appears that it will remain so for the next several years, I respectfully request an extension of the approvals from July 31, 2008 to July 31, 2010. If possible, I would appreciate a three year extension to July 31, 2011 as I don't expect that the market will recover in time to market and obtain presales in time to commence construction by July 31, 2010. For your and the council's information, I continue to seek other acceptable uses of the property. However, 1 have yet been unable to find anything that is financially feasible. As I have a significant investment in the Project and the property and a commitment to Hastings, I continue to explore alternatives. I appreciate the staffs and council's attentions to this matter. If I can answer any questions or provide any information, please let me know. Respectfully, Bob Robert P. Abdo, Attorney/ Board Member/V.P./Co-leader Business Section Lommen, Abdo, Cole, King & Stageberg, P.A. 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