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RZ02-14 CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION NO: RZ02-14 RESOLUTION MAKING FINDINGS OF FACT AND RECOMN�NDING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT THE REGENCY DEVELOPMENT WHEREAS, an application for Conditional Use Permit CUP02-4 has been made by The Beard Group; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by The Beard Group on May 9, 2002; 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 May 28, 2002: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and � 4. A legal description of the subject property is as follows: Lots 1, 2, 22, 23, and 24, Block 1; and Lots 1 and 2 except the west 25 feet thereof; and the east half of that part of Lot 3, lying East of the West 25 feet thereof; and Lots 23 and 24 except the easterly 25 feet thereof; Block 2 all in Stevens Oakwood Park, according to the recorded plat thereof, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP02-4 is hereby recommended for approval based on the following Findings of Fact: 1. That the proposed use meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP02-4 is hereby recommended for approval subject to the following conditions: l. In accordance with the Hopkins Engineering Guidelines, a contractor's guarantee with bonding and all pertinent City testing requirements are required on this project and should be specified. 2. The developer shall further warrant all improvements done within the City right-of-way for a period of two years. �� 3. A Registered Civil Engineer must sign the Civil Drawings before the City can grant � approval. 4. A park dedication fee is required for this project. 5. Ten-foot drainage and utility easements adjacent to all City streets must be shown on the plat, properly recorded and granted to the City of Hopkins by the developer. 6. Requested road right-of-way at the northeast corner of Jackson Avenue and St. Louis Street and at the northwest corner of Tyler Avenue and St. Louis Street must be properly recorded and granted to the City of Hopkins by the developer. 7. Staff is recommending that parking be allowed for a posted and enforced two-hour maximum period of time along the north side of Second Street N.E. from Tyler Avenue to Monroe Avenue from 8:00 a.m. to 5:00 p.m. That a two-hour limited parking restrictions are also placed along the adjoining avenues from 8:00 a.m. to 5:00 p.m. 8. The developer shall agree to, and be required to inform all buyers within this development of the fact that the proposed 2003-2007 City of Hopkins Capital Improvement Program has identified all roads adjacent to this development as potentially needing reconstruction within the next five years. Further, the buyers shall initial that they are aware of this potential reconstruction and recognize that their property will be subject to assessments per the City's assessment policy for such reconstruction. Such recognition by the buyer does not waive any of their rights to public hearings and assessment appeals as regulated by Minnesota State Statute Chapter 429. 9. The developer shall agree to reimburse the City for consultant personnel fees not to exceed $30,000, associated with inspection assistance for this project due to the limited in-house inspection personnel employed by the City for a project of a large magnitude such as this one. � 10. All paved surfaces and utilities leading to and within the development shall be private with the City assuming no responsibility for any installation or maintenance costs of these facilities. 11. A lighting plan sheet should be included with the City submittals showing what new lighting is proposed as well as what is planned for the existing lighting. Please include lighting details on this sheet. 12. Numerous regulatory permits are required for this project including but not limited to the Minnehaha Creek Watershed District, Minnesota Department of Health, MCES, and MPCA (NPDES, etc). 13. The plans should clearly state that the project contractor will be responsible for all utility locates and Gopher State one-call requirements. 14. Develop a signing plan for this project. Signing to designate parking restriction areas along adjacent streets and other misc. project signing such as one-way roads, dead end barricades, and stop signs should be shown on this plan. 15. Two project signs should be specified in accordance with standard detail DGN-4. 16. A detailed traffic control and detour plan must accompany any City street closure submittal. 17. That the final plans must indicate the additional fire hydrants required and that the turn - around in the alley must meet the Fire Marshal's specifications. 18. That the watershed district approves the proposed development. � •� r 19. That the edges of Monroe and Tyler will be screened with plantings to screen motor courts from streets. The applicant will submit a new site plan that will be approved by �-- staff. 20. That the entrance monuments on the corners meet the visibility requirements. 21. That the proposed fence specifications must be submitted, and the fence must meet the zoning requirements. Adopted this 28th day of May 2002. lohn Szuba, Chair � � �