RZ00-04 CITY OF HOPKINS
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Hennepin County, Minnesota
RESOLUTION NO: RZ00-4
RESOLUTION MAKING FINDINGS OF FACT AND
RECOMNiENDING APPROVAL OF A CONDITIONAL USE PERMIT
TO CONSTRUCT AN ADDITION TO THE SUPERVALU PERISHABLE WAREHOUSE
WHEREAS, an application for Conditional Use Permit CUP00-2, has been made by
SuperValu;
WHEREAS,the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by SuperValu
on March 31, 2000;
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 April 25, 2000; May 30, 2000; and July 25,
2000: a11 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:
Parcel 1:
Lots 1, 2, 3, and 4, Block 39:
Lots 1, 2, 3, 4, 17, 18, 19, 20, 21, 22, 23, and 24, Block 52:
That part of the West '/z of vacated 9�' Avenue lying between extensions across it
of the Northwesterly line of Block 39 and the North line of Block 52;
That part of the East 'h of vacated 10�' Avenue lying between e�ensions across it
of the North and South lines of Block 52;
That part of vacated Railway Boulevard lying between extensions across it of the
centerline of 9`�Avenue and the north line of Block 52;
That part of vacated 5�' Street South lying between extensions across it of the
West line of 9�'Avenue and the Easterly line of Railway Boulevard;
Lots 1,2,3,4,5,6,7,8,12,13,14,15,16,17,18,19, and 20, Block 53;
That part of the vacated alley in Block 53 lying between extensions across it of
the South line of Lot 15 and the Northwesterly line of Lot 20;
That part of the West 1/2 of the vacated alley in Block 53 lying between
extensions across it of the South line of Lot 12 and the South line of Lot 15;
That part of the West 1/2 of vacated 10�' Avenue, lying between e�ensions across
it of the South line of Lot 8, Block 53 and the North line of Block 52;
That part of the vacated Railway Boulevard lying between extensions across it of
the East line of 11'h Avenue and the North line of Block 52;
All in WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin
^ County, Minnesota.
Parcel 2:
Lots 5,6,7,8,9,13,14,15 and 16, Block 52, the vacated alley in Block 52 lying
between extensions across it of the North and South lines of said Block and that
part of the West Ha1f of vacated 9�' Avenue lying between extensions across it of
the North and South lines of Block 52, all in WEST MINNEAPOLIS, according
to the recorded plat thereof, Hennepin County, Minnesota.
" Except those parts of the above described premises which lie Southerly and
Southeasterly of a line described as follows:
Beginning at the intersection of the centerline of Sth Street South and the
centerline of 7`h Avenue South as dedicated in the recorded plat of WEST
MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline
of said 5�' Street South, a distance of 127.00 feet; thence Westerly a distance of
576.03 feet along a tangential curve concave to the South, having a radius of
835.19 feet and a central angle of 39 degees 31 minutes 00 seconds; then
Southwesterly, a distance of 255.54 feet along a compound curve concave to the
Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59
minutes, 00 seconds; thence Southwesterly, tangent to the last described curve, a
distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a
tangential curve concave to the Northwest, having a radius of 183.69 feet and a
central angle of 65 degrees, 26 minutes, 00 seconds and said line there
terminating.
TRACT B:
That part of Lot 7, AUDITOR'S SUBDIVISION NLJMBER 195, Hennepin
County, Minnesota, lying Westerly of the Westerly right-of-way line of 7�'
Avenue South as dedicated in the recorded plat of WEST NIINNEAPOLIS and its
Northerly extension, except that part thereof which lies Southerly and
Southeasterly of a line described as follows:
Except those parts of the above described premises which lie Southerly and
� Southeasterly of a line described as follows:
Beginning at the intersection of the centerline of 5`� Street South and the
centerline of 7�' Avenue South as dedicated in the recorded plat of WEST
MINNEAPOLIS; thence Westerly along the Westerly e�ension of the centerline
of said 5�' Street South, a distance of 127.00 feet; thence Westerly a distance of
576.03 feet along a tangential curve concave to the South, having a radius of
835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; thence
Southwesterly, a distance of 255.54 feet along a compound curve concave to the
Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59
minute, 00 seconds; thence Southwesterly, tangent to the last described curve, a
distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a
tangential curve concave to the Northwest, having a radius of 183.69 feet and a
central angle of 65 degrees, 26 minutes, 00 seconds and said line there
terminating.
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUP00-2 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, subject
to the conditions stated in this Resolution:
^ BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP00-2 is
hereby recommended for approval based on the following conditions:
1. That the Applicant satisfies all conditions and requirements for and obtains final
approval of the plat of the subject property.
2. Applicant obtains the proposed height variance and satisfies all conditions and
requirements for such variance.
3. That the vacation of Sixth Avenue is completed. Removal of street improvements
""� and relocation of Utilities to be completed at applicants cost.
4. That the applicant submits a storm water management plan and evidence that the
increased impervious drainage within Si�h Avenue South meets the City's
standards as set down in Section 546 of the City Code and does not negatively
impact the current Fifth Avenue South storm sewer system. The applicant shall
comply with all requirements of the approved storm water management plan and
shall execute the required form of maintenance and Right-of Entry Agreement.
5. That Nine Mile Creek Watershed District approves the drainage plan.
6. That the City retains the right to impose new or additional conditional use permit
requirements to meet the changing site development plans as they are submitted.
7. Implementation of noise abatement improvements that are identified in the June
22, 2000, memo relating to SuperValu Perishable Center, Hopkins, compliance
with daytime and nighttime noise limits and the memo dated July 17, 2000,
relating to SuperValu west staging area noise control, as prepared by David
Brauslau & Associates, Incorporated. A site plan shall be submitted and
approved by staff detailing the location of the noise wall and additional
landscaping for the wall to be constructed adjacent to the existing SuperValu
perishable warehouse. The noise wall shall be of the same design and
construction as the wall constructed by SuperValu on their property directly to the
east. Following the issuance of the certificate of occupancy, if it is determined
there is a violation of noise standards, SuperValu will be responsible to undertake
actions and improvements to ensure compliance. Such compliance plan would
not involve an increase in the south wall height beyond 18 feet. The plan and
^ timing for implementation of such compliance will need to be reviewed and
approved by City staff. All legal and consultant fees related to ensuring
compliance with noise standards shall be the responsibility of SuperValu.
8. That the site plan is revised to comply with the recommendations of the tr�c
study dated June 2000, as prepared by Benshoof and Associates. These
recommendations include the following:
- Reconstruction of 10�' Avenue and Fifth/Sixth Street intersection
as detailed in option D of the Benshoof study.
- The sidewalk and trails are constructed as recommended in the
traffic study. This also includes the construction of trail north of
Third Street to connect with the regional trail. Staff will determine
which option as detailed in the Benshoof tr�c study will be
undertaken.
- A plan submitted and app�roved by staff prior to issuance of a
building permit for the 11 Avenue access to either reduce traffic
at this access or eliminate the access.
- If SuperValu acquires the commercial building to the south,
SuperValu must supply a plan that is acceptable to staff on the use
of that property.
- Extension of the west bound to southbound left turn land at the
intersection of Excelsior Boulevard and Fifth Avenue.
- Reconstruction of Fifth/Si�cth Street as detailed in the Benshoof
--1 study.
- Re-stripping of 1 l�" Avenue as detailed in the Benshoof study.
- All-way stop control at the intersection of Third Street and
Washington Avenue as detailed in the Benshoof study.
- The applicant shall construct or implement all of the above in
accordance with the applicable codes, statutes, ordinance and City
Standards.
9. That the City and SuperValu execute a conditional use permit agreement, which
�' shall incorporate all of the conditions state in this Resolution and shall be
recorded against the title to the subject property.
10. That the conditional use permit agreement will detail the specifics for
construction of public improvements and includes a requirement that SuperValu
pay the costs of design and construction of all items as detailed in condition
number eight which includes roadways, pedestrian ways and off-site landscaping
to facilitate the project.
11. That a lighting plan is submitted and approved by staff for the site showing the
design of the light fixtures, height, type of lights, and photo metrics for the site.
The applicant shall comply with all requirements of the lighting plan at the
applicants cost.
12. That a final plan for the south fence and berm is submitted and approved by staff.
13. That City staff approves the final design of Fifth Street, which is to be submitted
at applicants cost.
14. That SuperValu is responsible for a11 legal and consultant fees for implementation
of the project.
15. Payment of park dedication fees, as required by ordinance.
16. The applicant will grant any required easements.
17. Applicant to provide evidence of title acceptable to the City Attorney.
18. Applicant to provide letter of credit for landscaping requirements.
19. Letter of Credit or other financial guarantees for completion of road, trail
improvements, utilities and grading.
20. That if the applicant acquire the commercial properties on the west side of the
_. site, SuperValu will submit a plan that is acceptable to staff for the fence to be
moved to the south.
Adopted this 25th day of July 2000.
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Maura Swanson,Chair
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