IV.8. Minor Amendment to the Oxford Village Planned Unit Development (PUD) Agreement; Lindahl (CR2016-108)
October 18, 2016 City Council Report 2016-108
Minor Amendment to the Oxford Village Planned Unit Development (PUD) Agreement
Proposed Action: Staff recommends the following motion:
• Adopt Resolution 2016-075, approving a minor amendment to the Oxford Village Planned
Unit Development (PUD) Agreement revising the rear yard setback.
• Approve the minor amendment to the Oxford Village Planned Unit Development (PUD)
Agreement and authorize the Mayor and City Clerk to enter into this agreement.
Overview
The applicant, Project for Pride in Living (PPL), requests approval of a minor amendment to the
Oxford Village Planned Unit Development (PUD) agreement. The proposed minor amendment
would reduce the rear (east) side yard setback from 32 to 29 feet. The amendment is necessary
to shift the proposed building three feet to the east to allow for additional right-of-way needed
for Blake Road and to prevent the building’s stairs from encroaching into a required drainage
and utility easement. While the City Code allows the Zoning Administrator to approve minor
amendments, the City Attorney finds that the PUD is a contract and any changes must be
approved by the City Council. Staff recommends the City Council approve this request.
Primary Issues to Consider
• Background
• Legal Authority
• Planned Unit Development Minor Amendment
Supporting Documents
• Resolution 2016-075, Approving a Minor Amendment to the Oxford Village Planned Unit
Development Agreement
• Minor Amendment to the Oxford Village Planned Unit Development Agreement
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2016-108
Page 2
Background. On August 4, 2014, the City Council approved a Planned Unit Development
(PUD) overlay zoning for the Oxford Village development. The standards for this development
are detailed in the Oxford Village PUD/Development Agreement dated October 6, 2015. The
Planned Unit Development allows a site-specific development with the underlying zoning
remaining. This type of development allows for a departure from the strict application of the
zoning standards. The applicant and the City enter into an agreement defining the specific
allowed uses and performance standards for each PUD, and these are delineated in the
agreement. In this case, the Mixed Use District allows a maximum ten (10) foot rear yard
setback and the PUD allowed for a rear yard setback of up to 32 feet.
During the final design process there were two factors that required the applicant to shift the
building to the east and encroach the 32 feet rear yard setback. First, the City and Hennepin
County determined they need additional right-of-way for the Blake Road reconstruction project.
Second, the applicant determined the stairs and canopy for the entrance along Blake Road
encroached into the associated drainage and utility easement. As a result, the applicant shifted
the building three (3) feet to the east reducing the rear yard setback from 32 to 29 feet.
Legal Authority. Zoning Code amendments are legislative actions in that the City is creating
new standards to regulate the development of certain types of uses and/or structures. Under the
law, the City has wide flexibility to create standards that will ensure the type of development it
desires; however, zoning regulations must be reasonable and supported by a rational basis
relating to promoting the public health, safety and welfare.
Planned Unit Development Minor Amendment. According to Section 565.05 of the City
Code, minor changes in the location, placement and height of structures may be
authorized by the Zoning Administrator if required by engineering or other
circumstances not foreseen at the time the final plan was approved and filed with the Zoning
Administrator. Staff finds the proposed changes comply with this standard and bring the site
closer to compliance with the ten (10) foot rear yard setback allowed under the base Mixed Use
District. While the City Code allows the Zoning Administrator to approve minor amendments,
the City Attorney finds that the PUD is a contract and any changes must be approved by the
City Council. Staff recommends the City Council approve this request.
Alternatives
1. Approve a minor amendment to the Oxford Village Planned Unit Development (PUD)
Agreement revising the rear yard setback from 32 to 29 feet. By approving the minor PUD
amendment, the rear yard setback will be reduced from 32 to 29 feet.
2. Deny a minor amendment to the Oxford Village Planned Unit Development (PUD)
Agreement revising the rear yard setback from 32 to 29 feet. By denying the minor PUD
amendment, the rear yard setback will remain 32 feet. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2016-075
A RESOLUTION APPROVING MINOR AMENDMENT TO THE OXFORD VILLAGE
PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, the City of Hopkins received a request from Project for Pride in Living for a minor
amendment to the Oxford Village Planned Unit Development (PUD) Agreement;
WHEREAS, the proposed minor amendment would reduce the rear (east) yard setback from 32 to
29 feet; and
WHEREAS, the procedural history of the application is as follows:
1. An application for a minor amendment to the Oxford Village Planned Unit Development
(PUD) Agreement was received by the City of Hopkins on October 10, 2016.
2. Section 565.05 of the City Code states minor changes in the location, placement and
height of structures may be authorized by the Zoning Administrator if required by
engineering or other circumstances not foreseen at the time the final plan was approved
and filed with the Zoning Administrator.
3. The Zoning Administrator found the proposed changes comply with the standard in
Section 565.05 and bring the site closer to compliance with the ten (10) foot rear yard
setback allowed under the base Mixed Use District.
4. The City Attorney found that minor PUD amendments are an amendment to a contract
and require City Council approval.
5. That the Hopkins City Council reviewed this item on October 18, 2016, and written
comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves a minor amendment to the Oxford Village PUD agreement reducing the rear yard
setback from 32 to 29 feet.
Adopted this 18th day of October 2016.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
1
A MINOR AMENDMENT TO THE OXFORD VILLAGE PLANNED UNIT DEVELOPMENT
AGREEMENT REDUCING THE REAR YARD SETBACK FROM 32 TO 29 FEET
THIS DECLARATION, made this 18th day of October, 2016, by and between Oxford
Village, LLC, a limited liability company under the laws of the State of Minnesota (hereinafter
referred to as the "Declarant"), and the CITY OF HOPKINS, a Minnesota municipal corporation
(hereinafter referred to as the "City");
WHEREAS, Declarant is the owner of the real property described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property");
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
"Oxford Village," dated October 6, 2015, and recorded with the Hennepin County Recorder as
document number A10271389 on December 22, 2015, (hereinafter referred to as the "Planned
Unit Development Agreement"); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement,
which amendment has been approved and consented to by the City, acting through its City
Council, as evidenced by the duly authorized signatures of its officers affixed hereto.
NOW, THEREFORE, the Declarant declares that the Subject Property shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. The use and development of the Subject Property shall conform to the documents, plan
and drawings listed in the Planned Unit Development Agreement and, in addition, to the
following:
• City Resolution 2016-075, Attachment Two
2
All of which attachments are copies of original documents on file with the City and are made part
hereof.
2. The use and development of the Subject Property shall conform to the Planned Unit
Development Agreement except as modified herein.
• Exhibit B, Section III. Parking, Area and Setback Requirements. The maximum
rear yard setback in the Mixed Use District is 10 feet. A rear yard setback up to 29 will
be permitted in the PUD overlay zone.
3. Except as modified by paragraphs 1 and 2 of this Amendment, the Planned Unit
Development Agreement shall remain in full force and effect.
4. The obligations and restrictions of this Amendment run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the
City acting through its City Council. This Amendment may be amended from time to time by
a written amendment executed by the City and the owner or owners of the lot or lots to be
affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
DECLARANT
By _________________________________
Its _________________________________
By ____________________________________
Its _____________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this ____ day of _______________ ,
2016, by _______________________ and _________________ , the __________________ and
________________, for and on behalf of ________________________ , a ______________ , by
and on behalf of said __________________________________________________________________.
____________________________________
Notary Public
3
This Amendment is approved and consented to by the City Council of the City of Hopkins.
City of Hopkins
By: _________________________________
Molly Cummings, Mayor
And by: ______________________________
Amy Domeier, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________ , 2016,
by Molly Cummings and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf of the
City of Hopkins, a Minnesota corporation, by and on behalf of said corporation.
_______________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Hopkins
1010 First Street South
Hopkins, MN 55343