RZ06-12 CITY OF HOPKINS
� Hennepin County, Minnesota
Resolution No. RZ06-12
A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF ORDINANCE NO. 06-966 ESTABLISHING
A PUD OVERLAY DISTRICT AND AN APPLICATION FOR
PLANNED UNIT DEVELOPMENT (PUD) FOR EXCELSIOR CROSSINGS
WHEREAS, application has been made by Opus Northwest, LLC ("Applicant") to
approve a PUD overlay zoning district for the land described in Exhibit A attached hereto
and incorparated herein, which is to be known as the Excelsior Crossings Development
("Property");
WHEREAS, the procedural history of the application is as follows:
A. The Applicant submitted an application to the City to rezone the Property as a
PUD overlay zone on April 28, 2006. Thereafter, Concept Plan review was completed by the
Planning Commission and City Council in accordance with Hopkins Ordinance No. 565.08,
and general Concept Plan approval was given.
B. Following the general Concept Plan approval, the final Development Plan
("Development Plan") for the PUD overlay zone was submitted by the Applicant. After
�-- proper public notices, a public hearing was conducted by the Planning Commission on May
30, 2006, to consider the Development Plan.
C. After receiving the recommendations of the Planning Commission, the City
Council will review the Development Plan and the Planning Commission's recommendation.
D. The legal description of the Property included within the Planned Unit
Development overlay district is set forth in Exhibit A attached hereto.
WHEREAS, the Zoning and Planning Commission of the City of Hopkins,
Minnesota, makes the following findings of fact related to the application for establishment
of a PUD overlay district for the Property described in Exhibit A attached hereto:
A. That the proposed PUD and the uses therein proposed by the Applicant in the
Development Plan and the exhibits and attachments thereto achieve the necessary
coordination between the proposed development and surrounding land uses, conservation of
wetlands or other natural amenities and the protection of the health, safety and welfare of the
citizens of the City of Hopkins.
B. The location of the proposed buildings, compatibility of the uses proposed by
the Applicant within the PUD district, the design of parking areas and other features, the
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efficiency, adequacy and safety of the proposed layout for internal streets and driveways, the
adequacy and location of green areas and landscaped areas are consistent with the standards
� expressed in Section 565 of the Hopkins City Code and the objectives of the City's
Comprehensive Land Use Plan.
C. It is appropriate to waive or reduce certain requirements of Section 500.75 of
the Hopkins City Code related to payment of park dedication fees, as stated below, because
the City will provide tax increment financing assistance for the redevelopment of the
property described in Exhibit A hereto, redevelopment of such property achieves a public
purpose and strict application of the park dedication fee requirements of Section 500.75 of
the Hopkins City Code would create a financial hardship for Applicant's redevelopment of
such property.
NOW, THEREFORE, BE IT RESOLVED that the Zoning and Planning Commission
of the City of Hopkins, Minnesota, hereby recommends approval of the Development Plan
and Ordinance No. 06-966 establishing a Planned Unit Development overlay district for the
Property described in Exhibit A hereto, subject to and conditioned upon Applicant's
compliance with the following conditions:
1. Execution and recording of the required form of PUD/Development
Agreement to ensure the property is developed and used in accordance with the Development
Plan approved by the City Council and that all other terms, conditions and requirements set
forth in the Development Plan are complied with or observed. The PUD/Development
Agreement shall also include all standard terms and conditions regarding construction of any
public improvements, delivery of security therefor, developer's warranties and other standard
`- terms and conditions.
2. Applicant shall obtain all required Watershed District approvals for the
development of the Property and satisfy all requirements and conditions of such approvals.
3. Applicant shall comply with and incorporate in the development of the
Property all mitigative measures identified in the updated Alternative Urban Areawide
Review Mitigation Plan dated April 6, 2006.
4. Development of the Property is to occur in phases. Before commencing each
phase of development, the Applicant must obtain approval of a Plat and Site Plan for such
phase. As a condition of approval of the plat or site plan for each phase of development of
the Property, the City may impose additional terms and conditions consistent with the
approved Development Plan, but also including standard terms and conditions related to
construction of public and private improvements, construction standards, security for
completion of construction of any public improvements, warranties applicable to public
improvements and other conditions associated with plat or site plan approval. Applicant
shall execute an amendment to the PUD/Development Agreement in connection with the
City's approval of each phase of development of the Property to document any new terms
and conditions required in connection with approval of such plat or site plan.
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5. Applicant shall be responsible for park dedication fees with respect to the
Property in the amount of $330,900.00, and shall be entitled to a credit against the
�-' required park dedication fees in an amount equal to the cost of the trail to be installed
around the storm water facility on the northerly three-acre parcel, not to exceed
$25,000.00. The required park dedication fees shall be allocated among each phase of
the Property, on a land area basis, and shall be payable at the time of subdivision of the
particular phase of the Property.
6. With each phase of development of the Property, Applicant shall submit
detailed construction and design plans, including, but not limited to, grading, drainage,
utility, parking and traffic control, landscaping, erosion control and storm water management
plans. All public improvements to be constructed by Applicant shall be designed and
completed in accordance with the City's standard specifications and requirements. All such
plans shall be subject to review and approval by the City Engineer, and Applicant shall
comply with or observe any modifications or requirements requested by the Public Works
staff.
7. Applicant shall otherwise satisfy all terms, conditions and requirements
attached to final approval of any plat or site plan for each phase of development of the
Property.
8. Applicant shall obtain all necessary approvals from the Watershed District,
Hennepin County, the Minnesota Departments of Natural Resources and MPCA and other
governmental agencies or authorities having jurisdiction over the development of the
Property as a condition of proceeding with each phase of development, including obtaining
�' any required permits.
9. Applicant shall comply with, observe and perform all of the terms, conditions
and requirements described in the Development Proposal, dated May 9, 2006, submitted by
Applicant and incorporated in the approved Development Plan for the project.
10. The appropriate drainage and utility easements and rights-of-way for any
public streets or alleys shall be dedicated in the final plat for each stage of development of
the Property.
11. Applicant shall obtain all required demolition permits or other permits for
demolition of the existing structures and improvements on the Property and shall otherwise
comply with the terms and conditions stated in Applicant's Development Proposal dated May
9, 2006, related to such demolition.
12. Buildings and structures which cannot support the required level 800 radio
coverage for police and fire shall be equipped with either a radiating cable system or an
internal multiple antenna system with or without FCC type accepted bi-directional 800 MHz
amplification as needed. All costs of testing, installation, and equipment shall be the
responsibility of the applicant.
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13. Applicant shall construct a public trail around the regional storm water
retention pond to be constructed on the northerly three-acre parcel, at the sole cost of
�-' Applicant. The plans and specifications for and the design of this public trail will be
prepared by Applicant and submitted for approval by City staff before construction of the
public trail. Upon completion, the public trail shall become a Public Improvement to be
dedicated to the City in accordance with the terms and conditions stated in
PUD/Development Agreement to be executed by Applicant.
14. The applicant shall acquire fee title to all of the land included within the PUD
district & provide the City attorney with evidence of title acceptable to the City attorney
demonstrating the applicant holds fee title to that land.
ADOPTED this 30th day of May, 2006.
�
Peter Sholtz, chai
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