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RZ12-04 CITY OF HOPHINS � Hennepin County, Minnesota RESOLUTION NO: RZ12-4 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF AN ORDINANCE FOR AN OVERLAY PUD ZONING AT 415 - 17T" AVENUE NORTH WHEREAS, an application for Zoning Amendment ZN12-1 has been made by Swervo Development; WHEREAS, the procedural history of the application is as follows: l. That an application for zoning amendment ZM2-1 was made by Swervo Development; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on May 29, 2012: all persons present were given an opportunity to be heard; � 3. That the written cominents and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Ainendinent ZN12-1 is hereby recommended for approval based on the following Findings of Fact: 1. That the overlay district is consistent with the Comprehensive Plan. 2. That the underlying zoning of B-4 remains. BE IT FURTHER RESOLVED that application for Zoning Amendment ZN12-1 is hereby recommended for approval subject to the following conditions: 1. That the Applicant and the City enter into an agreement that satisfies all the conditions and requirements for this PUD development. 2. That the Applicant reimburse the City for Attorney's fees associated with the PUD agreement. Ad'bpted this 29th day of May 2012. Aaron Kuznia, Chair �