CR 06-065 PUD Overlay Rezoning Opus Corp
C\TY OF
May 31, 2006
m
HOPKINS
Council Report 06-65
PUD OVERLAY REZONING - OPUS CORPORATION
Pro Dosed Action.
Staff recommends the following motion: Move to adopt Resolution 06-39. approving Ordinance
06-966. placing an overlay zoning of Planned Unit Development (PUD) at the former Supervalu
North Annex site and 106 Jackson Avenue for first reading.
At the Zoning and Planning meeting, Ms. Flynn moved and Ms. Hatcher seconded a motion to
adopt Resolution RZ06-12, recommending approval of Ordinance 06-966, placing an overlay
zoning of Planned Unit Development (PUD) at the former Supervalu North Annex site and 106
Jackson Avenue for first reading. The motion was approved unanimously.
Overview.
Opus Corporation is buying the former Supervalu North Annex. Opus is proposing to construct
an office development. The proposed development will be three 6-7 story office buildings. The
proposed square footage is approximately 685,000 square feet, to be constructed in three phases.
This density is similar to what Medica had planned. There also may be a small retail area on the
east side of the site.
The site will be rezoned with an overlay zoning of Planned Unit Development (PUD) with the
approval of a master plan. The PUD zoning allows flexibility with the underlining zoning of
Business Park. Along with the overlay zoning to PUD there will be an agreement with specific
parameters on how the site will be developed. It is anticipated that the site will be developed in
three phases. A site plan approval and replatting will be required for each phase.
Primarv Issues to Consider.
. What is the underlying zoning of the property, and how has the Comprehensive
Plan designated the subject site?
. Why place an overlay zone of PUD on this property?
. What are the areas that would be included in the overlay zone?
. Why is there a Development Plan?
. What was the discussion at the Zoning and Planning meeting?
SUDDortin2 Documents.
. Analysis of issues
. Development Plan
. Resolution 06-39
. Ordinance 06-966
,
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-65
Page 2
Primarv Issues to Consider.
What is the underlying zoning of the property, and how has the Comprehensive
Plan designated the subject site?
The zoning of the property is Business Park. In order for this development to occur, the property
will have to be rezoned to PUD; this would allow flexibility in the uses and site development.
The Comprehensive Plan has designated this site as Business Park. The base zoning and
Comprehensive Plan designation will remain.
Why place an overlay zone of PUD on this property?
The property is zoned Business Park. The overlay district will allow flexibility for future
development of the site. The overly district will allow the base zoning to remain while providing
flexibility.
What are the areas that would be included in the overlay zone?
The entire former Supervalu North Annex site and 106 Jackson Avenue would be included in the
overlay zone.
Why is there a Development Plan?
In most situations when the City rezones an overlay district of PUD, the City is also approving a
site plan at the same meeting. In this case the development will be phased, and each of the
phases will go through a site plan approval process. Attached is the Development Plan for the
Excelsior Crossings development. The City and Opus have developed a terms and conditions
proposal. Exhibit C in the Development Plan defines the terms and conditions by which Opus
agrees to develop the property. This is a master plan, so there are parameters for Opus to
construct the proposed development; however, if Opus desires to deviate from the parameters
outlined in the terms and conditions, Opus will have to seek Council approval.
Mark Koegler of Hoisington Koegler has reviewed the terms and conditions for the development
for land use issues. Jim Benshoof of Wenck and Associates has reviewed the master plan for
traffic issues.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the reasons for the PUD ordinance. Dave Menke, representing Opus
Corporation, appeared before the Commission. Mr. Menke reviewed the master plan with the
Commission. No one appeared at the public hearing regarding this item.
Alternatives.
1. Approve the overlay zoning ofPUD. By approving the overlay zoning, the applicant will
be able to redevelop the property as proposed with the master plan.
2. Deny the overlay zoning of PUD. By denying the overlay zoning, the applicant will not
CR06-65
Page 3
be able to redevelop the property as proposed with the master plan. If the overlay zoning
is not approved, the existing zoning will remain and any redevelopment of these sites will
have to be consistent with the existing zoning.
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. 06-39
A RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING 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 incorporated 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, at which time the Planning
Commission recommended approval of the Development Plan by the Hopkins City
Council.
C. After receiving the recommendations of the Planning Commission, the
City Council reviewed the Development Plan and the Planning Commission's
recommendation and approved the Development Plan and PUD overlay zoning for the
property. The City Council further approved Ordinance No. 06-966 establishing a
Planned Unit Development overlay district for the Property.
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 City Council 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 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 City Council of the City of
Hopkins, Minnesota, hereby approves 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.
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 to be constructed 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's Public
Works staff, 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.
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 and provide the City attorney with evidence of title acceptable to the City
attorney demonstrating the Applicant holds fee title to that land.
ADOPTED this 6th day of June, 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-966
AN ORDINANCE ESTABLISHING A PLANNED UNIT
DEVELOPMENT OVERLA Y DISTRICT
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
All of the land described in Exhibit A attached hereto and incorporated herein is hereby
established and zoned as a Planned Unit Development (PUD) Overlay District. The existing
Business Park zoning classification for the land included in the PUD Overlay District shall
remain in effect as the underlying zoning classification with an overlay zoning classification of
Planned Unit Development or PUD. The permitted uses, development and design standards and
other requirements governing or applicable within PUD Overlay District shall be as set forth in
the Development Plan submitted to the City by the Opus Northwest, LLC, as approved by the
Hopkins City Council by its Resolution No. 06-39.
First Reading:
June 6, 2006
Second Reading:
June 20, 2006
Date of Publication:
June 29, 2006
Date Ordinance Takes Effect:
June 29, 2006
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
c:\Hopkins.Opus\Ord No 06-966
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State pf Minnesota, County of Hennepin and is described as foltows:
Tract k.
Lot 1. Block 1, Vatu Addition, according to the recorded plat tnereof, Hennepin County. Minnesota.
Torrens Property
Torrens Certificate No. 801994
Tract B:
Parcel 1 :
Tracts A, Band C, Registered Land Survey No. 1465, Hennepin County, Minnesota, except that portion ofTraots
A and B lying Southerly of the Northeriy right-of-way line of County Road Number 3 as described in Fina!
Certificate Document Number 1584165, and excepting further those parts of said Tracts A, Band C shown as
Parcel Nos. 29A, 29B, 29C, 29.0, 29E and 29F on City of Hopkins Right of Way Plat No.1. Hennepin County,
Minnesota.
Parcel 2:
lois 3, 4. 5, 6. 7. 8, 9 and 10, Block 13, West Minneapolis Center, except that part of said Lots 3, 4, 5,6 and 7
shown as Parce!s 34B on City of Hopkins Right of Way Plat No.1, Hennepin County, Minnes.ota.
Torrens Property
Torrens Certificate No. 1110134
Tract c:
Paroel1 :
Lots 1 and 2, Block 13, West Minneapolis Center, except that part of said lot 2 shown a Parcel 34C on City of
Hopkins Right of Way Plat No.1:
AU of vacated North and South alley ill said Block 13 lying between the Westerty extension across it of the North
line of said Lot 1 and the Southwesteriy extension across it of the Southeasterly line of said Lot 1;
Ail of the Northeast and Souihwest vacated alley in Block 13 lying between the Northerly extension across it of
me East line of said Lot 2, in said Block 13 and the West line of Lot 7 in said Block 13, West Minneapolis Center,
Hennepin County, Minnesota.
Parcel 2:
.Lots 14 and 15 except the East 16 feet of Lots 14 and 15, Lots 16 through 26, inclusive, Biock 4, West
Minneapolis Center, Hennepin County, Minnesota.
Parcel 3:
That part of vacated Monroe Avenue, dedicated of West Minneapolis Center, lying between the Westerly
edension across it of the North line of Block 4. in s.aid plat, and the Southwesterly extension across it of the
Southeasterly line of Block 13, in said plat, except those parts thereof shown as Parcel Nos. 29H and 34A on
City of Hopkins Right of Way Plat No.1; That part of vacated First Street North, dedicated in West Minneapolis
Center, lying betweenthe Southerly extensions across it of the West Jine of the East 16.00 feet of Lot 14 and the
West line of Lot 14 in Block 4, West Minneapolis Center, Hennepin County, Minnesota.
(continued}
Parcel 4:
A Tract of land comprising a part of the former right-of-way of Burlington Railroad Company in the Northwest
Quarter of me Southwest Quarter of Section 19, Township 117, Range 21; Hennepin County, Minnesota; a part
of Lots 1,2 and 3. Block 9, West Minneapofis Center; a part of vacated First Street North; and an undesignated
triangular tract in West Minneapolis Center adjoining the North line of First Street North and the West line of
Adams Avenue, all described as follows:
Beginning at the intersection of the Westerly fine of Tract A, Registered Land Survey No. 1465, Files of Registrar
of Titles, County of Hennepin, with the South line of the North 180.00 feet of said Northwest Quarter of the
Southwest Quarter; thence on an assumed bear;ng of South 89 degrees 35 minutes 39 seconds West along said
South line a distance o.f 97.29 feet; thence South 20 degrees 22 minutes 42 seconds West a distance of 153.29
feet; thenoe Southerly 410. 71 feet along a tangential curve concave to the East. having a radius of 914.93 feet
'and a central angle of 25 degrees 43 minutes 11 seconds to the Westerly line of Lot 1, Block 9, West
Minneapolis Ce,.,ter, said Westerty fine bears Soutil2.0 degrees 24 minutes 32 seconds West from the point of
beginning; thence South 20 degrees 24 minutes 32 seconds West along said Westerly Une a distance of22.51
feet; thence Southerly 153.64 feet along a non-tangentiai curve concave to the East having a radius of 924.93
feet, a centrat angle of 9 degrees 31 minutes 03 seconds and chord which bears South 11 degrees 21 minutes
21 seconds East to the Easterly line of said Block 9~ thence Northerly atong said Easterly line and its erlension to
the Southeasterly line of said f<:>rmer rfght-of-way, tlience North 20 degrees 24 minutes 32 seoonds East a10ng
said Southeasterly Une to the point of beginning, Hennepin County, Minnesota.
Parcel 5:
That part of vacated Adams Avenue, dedicated in West Minneapolis Center, lying Southerly of the Southeasterly
line of the former right-of-way of Burlington Northern Railroad Company and Northerly of the following described
line: Beginning at 'the most Northerfy corner of Tract 0, Registered land Survey No. 146.5; thence Northwesterly
a!ong the extension e>fthe Northeasterly line of said Tract 0 a distance of6.17 feet; thence Northwesterly along a
tangential curve to the right having a radius of 924.93 feet to the West line of vacated Adams Avenue and there
terminating, Hennepin County, Minnesota.
Torrens Property
Torrens Certincate No. 111 0135
Lots 11, 12, 13 and the Easterly 16 feet of Lots 14 and 15, Block 4, West Minneapolis Center, Hennepin County,
Minnesota
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-966
AN ORDINANCE ESTABLISHING A PLANNED UNIT
DEVELOPMENT OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
All of the land described in Exhibit A attached hereto and incorporated herein is hereby
established and zoned as a Planned Unit Development (PUD) Overlay District. The existing
Business Park zoning classification for the land included in the PUD Overlay District shall
remain in effect as the underlying zoning classification with an overlay zoning classification of
Planned Unit Development or PUD. The permitted uses, development and design standards and
other requirements governing or applicable within PUD Overlay District shall be as set forth in
the Development Plan submitted to the City by the Opus Northwest, LLC, as approved by the
Hopkins City Council by its Resolution No. 06-39.
First Reading:
June 6, 2006
Second Reading:
June 20, 2006
Date of Publication:
June 29, 2006
Date Ordinance Takes Effect:
June 29, 2006
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
c:\Hopkins.Opus\Ord No 06-966
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State pf Minnesota, County of Hennepin and is described as folfow~:
Tractk.
Lot 1. Block 1, Vatu Addition, according to the recorded plat tilereof, Hennepin County, Minnesota.
Torrens Property
Torrens Certificate No. 801994
Tract B:
Parcel1 ;
Tracts A, Band C, Registered Land Survey No. 1465, Hennepin County, Minnesota, except that portion otTracts
A and B lymg Southerly of the Northeriy right-of-way line of County Road Number 3 as described in Fina!
Certificate Document Number 1584165, and excepting further those parts of said Tracts A, Band C shown as
Parcel Nos. 29A, 29B, 29C, 29-0, 29E and 29F on City of Hopkins Right of Way Plat No.1, Hennepin County,
Minnesota.
Parcel 2:
Lots 3, 4. 5, B, 7. 8. 9 and 10. Block 13, West Minneapolis Center. except that part of said Lots 3, 4.5,6 and 7
shown as Parces 348 on City of Hopkins Right of Way Plat No.1, Hennepin County, Minnesota.
T olTens Property
Torrens Certificate No. 1110134
Tract c:
Parcel 1 :
Lots 1 and 2, Block 13, West Minneapolis Center, except t'1at part of said Lot 2 shoWn a Parcel 34C cn City of
Hopkins Right of Way Plat No.1;
Ail of vacated North and South alley in said Block 13 tying between the Westerly extension across it of the North
line of said Lot 1 and the Southwesterly extension across it of the Southeasterly line of said Lot 1 ;
PJI of the Northeast and Southwest vacated alley in Block 13 tying between the Northerly extension across jt of
tl1e Eastline of said Lot 2, in said Block 13 and the West line of Lot 11n said Block 13, West Minneapolis Center,
Hennepin County, Minnesota.
Parcel 2:
Lots 14 and 15 except the East 16 feet of Lots 14 and 15, lots 16 through 26, inclusive. Sieck 4, West
Minneapolis Center, Hennepin County, Minnesota.
Parcel 3:
That part of vacated Monroe Avenue, dedicated of West Minneapolis Center, lying between the Westeily
extension across it of the North line of Block 4, in said plat, and the Southwesterly exfension across It of the
Southeasterly line of Block 13. in sa~d plat, except those parts thereof shown as Parcel Nos. 29H and 34A on
City of Hopkins Right of Way Plat No.1; That part of vacated First Street North, dedicated in West Minneapoiis
Center, lying betweenthe Southerly extensions across it of the West nne of the East 16.00 feet of Lot 14 and the
West line of Lot 14 in Block. 4, West Minneapolis Center, Hennepin County. Minnesota.
(continued)
Parcel 4:
A Tract of land comprising a part of the former right-of~way of Buriington Railroad Company In the Northwest
Quarter of tile Southwest Quarter of Section 19, Township 117. Range 21; Hennepin County, Minnesota; a part
of lots 1,2 and 3. Block 9, West Minneapofis Center; a part of vacated First Street North; and an undesignated
triangular tract in West Minneapolis Center adjoining the North line of First Street North and the West line of
Adams Avenue, all described as follows:
Beginning at the intersection of the Westerly Une of Tract A, Registered Land Survey No. 1465, Files of Registrar
of Titles, County of Hennepin, with the South line oJ the North 180.00 feet of said Northwest Quarter of the
Sou1hwest Quarter; thence on an assumed bearing of South 89 degrees 35 minutes 39 seccmds West along said
South line a distance of 97.29 feet; thence South 20 degrees 22 minutes 42 seconds West a distance of 153.29
feet; thence Southerly 410. 71 feet along a tangential curve concava to the East, haVing a radius of 914.93 feet
-and a central angle of 25 degrees 43 minutes 11 seconds to the Westerty line of Lot 1, alack 9, West
Minneapolis Center, said Westerly tine bears South 20 degrees 24 minutes 32 seconds West from the point of
beginning; thence South 20 degrees 24 minutes 32 seconds West along said Westerly line a distance of22.51
feet; thence Southerly 153.64 feet along a non-tangential CUfve concave to the East haVing a radius of 924.93
feet, a central angle of 9 degrees 31 minutes 03 seconds and chord which bears Sooth 11 degrees 21 minutes
2:1 seconds East to the Easterly line of said Block 9; thence Northerly ~ong said Easterly line and its extension to
the Southea~terly fine of said f-ormer ri-ght-of-way. thence North 20 degrees 24 minutes 32 seconds East along
said Southeasterly line to the point of beginning, Hennepin County. Minnesota.
ParcelS:
That part of vacated Adams Avenue, dedicated in West Minneapolis Center, lying Southerly of the Southeasterly
line of the former right-of-way of Burlington Northern Railroad Company and Northerly ofthe following described
line: Beginning at the most Northerly corner of Tract Dr Registered land Survey No. 146.5; thence Northwesterly
akmg the extension of1he Northeasterly line of said Tract 0 a distance of6.17 feet; thence Northwesteny aiong a
tangentialcurve to the right having a radius of 924.93 feet to the West line of vacated Adams Avenue and there
terminating, Hennepin County. Minnesota.
Torrens Property
Torrens Certificate No. 1110135
Lots 11, 12, 13 and the Easterly 16 feet of Lots 14 and 15, Block 4, West Minneapolis Center, Hennepin County,
Minnesota
DEVELOPMENT PLAN FOR EXCELSIOR CROSSINGS
Section 565 of the Hopkins City Code states the terms, conditions, requirements and
procedures governing applications to the City of Hopkins for approval of planned unit
development (PUD) zoning of properties within the City. Subdivisions 4 and 5 of subsection
565.08 require an applicant for PUD zoning approval to submit a final Development Plan to the
City as the basis for the City's consideration and possible approval of an application for PUD
zoning. This Development Plan and the Exhibits and documents referenced herein constitute the
final Development Plan for the Excelsior Crossings PUD proposed by Opus Northwest, LLC,
(Applicant).
1. Landowner's Name and Address and Landowner's Interest in the Subiect ProDertv:
SuperValu Inc.
11840 Valley View Road
Eden Prairie, Minnesota 55344
Mary Jane Platt
5504 Beard Ave. S.
Edina, MN 55410
SuperValu Inc. is the current owner of9300 Excelsior Boulevard. Mary Jane Platt is the
current landowner of 106 J ackson Ave. Both properties are located in Hopkins,
Minnesota.
2. ADDlicant's Name and Address if Different from Landowner: Opus Northwest, LLC,
10350 Bren Road West, Minnetonka, MN 55343
3. Names and Addresses of All Professional Consultants Who Have Contributed to the
DeveloDment of the Develooment Plan" IncludinS!: Attornev" Land Planner" En2ineer
and Survevor: See Exhibit A Project Directory
4. Evidence of Aoolicant's Interest in and Control of the Subiect Prooertv" IncludinS!: a
Statement of all LeS!:al" Beneficial and Possessory Interests in the Subiect Prooertv"
Accomoanied bv Current Evidence of Title: Opus Northwest, L.L.C. has signed
purchase agreements on both of the properties mentioned above.
5. Address and LeS!:al Descriotion of Subject Prooertv:
SuperValu North Annex property located in the northeast quadrant of the intersection of
US Highway 169 and Excelsior Boulevard is known as 9300 Excelsior Boulevard,
Hopkins, MN. The second, adjacent property is known as 106 Jackson Avenue, Hopkins,
MN.
See attached Exhibit B for legal description of both properties.
564003/00811/22880171/1
6. Written Statement Generallv DescribinS!: Pronosed pun.. the Market it is Intended
to Serve and Its Demand.. ShowinS!: the Relationshio of the pun to the Citv's
Comnrehensive Plan and How the Prooosed pun is to be DesiS!:ned.. ArranS!:ed and
Ooerated in Order to Permit the Develooment and Use of NeiS!:hborinS!: Prooertv in
Accordance with the Annlicable Ordinances and ReS!:ulations of the Citv:
See Applicant's Development Proposal dated May 9, 2006 and Master Plan referenced in
such proposal ("Development Proposal") attached hereto as Exhibit C. The permitted
uses within the PUD district and the setback, parking, building height, floor area ratio,
landscaping, signage, access, traffic circulation and design standard requirements for the
PUD district are set forth in the Development Proposal.
7. PreliminarY PlatfFinal Plat and Information Reauired bv Subdivision Ordinance:
Applications for plat approval shall be submitted by Applicant in connection with each
phase of development of the PUD.
8. Mao DeoictinS!: Existin2 Develooment of the Subiect Prooertv and All Land Within
350 Feet Thereof.. Indicatins!: the Location of Existin2 Streets.. Prooertv Lines"
Easements" Watermains and Storm and Sanitarv Sewers" with Invert Elevation on
and Within 100 Feet of the Subiect Prooertv: See attached survey prepared by Sunde
Land Surveying dated February 28,2006 and attached as Exhibit D.
9. Detailed Site Plan ShowinS!: the Physical Lavout_ DesiS!:n and Purpose of All Streets"
Easements.. RiS!:hts of Wav.. Utilitv Lines and Facilities" Lots.. Blocks_ Public and
Ooen Soaces.. Structures and Uses Within the Subiect Prooertv:
See Development Proposal attached hereto as Exhibit C. Detailed site plans for each
stage of development of the PUD are to be submitted for approval by the City at the time
of development of each stage of development within the PUD.
10. LandscaoinS!: Plan Showin2 Location_ Soecies and Size of All Plant Material:
See Development Proposal attached as Exhibit C. Final landscaping plans are to be
submitted for City approval at the time of plat or site plan approval for each stage of
development of the PUD.
11. Plans ShowinS!: Trail Svstem_ Width of Material" ScreeninS!: Fences with Detail_
LiS!:htinS!: System and Recreational Features:
See Development Proposal attached hereto as Exhibit C. Final plans are to be submitted
for approval by the City at the time of plat or site plan approval for each stage of
development of the PUD.
2
c:Hopkins.OpuslDevelopmentPlan
564003/00811/22880171/1
12. DrainaS!:e Plan IndicatinS!: Catch Basins and UnderS!:round Imorovements:
See the Development Proposal attached as Exhibit C with respect to the 3 acre regional
pond. Final grading, drainage and erosion control plans are to be submitted by Applicant
for approval at the time of plat or site plan approval for each phase of development of the
PUD.
13. Utility System for Sanitarv Sewer.. Water.. Gas.. Teleohone and Electric Which Shall
all be Underg:round for New Construction and a Plan for Adiustment to Existing:
RiS!:hts-of-Wav.. Easements.. Utilities and New Dedication:
Utility plans are to be submitted for approval by the City at the time of plat or site plan
approval for each phase of development of the PUD.
14. Off-Street ParkinS!:.. Drives and Access Plan:
See the Development Proposal attached hereto as Exhibit C. Final parking, driveway and
access plans are to be submitted for approval at the time of plat or site plan approval for
each phase of development of the PUD.
15. Off-Street LoadinS!: Plan.. if any is Necessarv: N/A
16. Trash Container and Pick-uo Plan: To be submitted for approval by the City at the
time of Site Plan Approval for each phase of development for the PUD.
17. Architectural Plans ShowinS!: Elevations.. Entrances.. heig:hts.. Floor Plans and
Material to be Used on the Exterior:
See the Development Proposal attached hereto as Exhibit C. Final architectural plans are
to be submitted for approval at the time of plat or site plan approval for each phase of
development.
18. Descriotion of the Construction and the Materials Prooosed to be Used for
Building:( s )/Structure( s):
See Development Proposal attached hereto as Exhibit C. The "Design Standards"
identified within the Development Proposal are to be the Design Standards for the PUD.
Materials for construction shall be consistent with such Design Standards.
19. A Statement of the Total Number of DwellinS!: units Prooosed for the PUD and a
Tabulation of the Prooosed Allocation of Land Use Exoressed in Acres and as a
Percent of the Total Proiect Area.. Which Shall Include at Least the Following::
a. area devoted to residential uses: N/ A
b. area devoted to residential use by a building type: N/ A
3
c: Hopkins. Opus/DevelopmentPl an
564003/00811/22880171/1
c. area devoted to common open space.
d. area devoted to public open space.
e. area devoted to streets.
f. area devoted to, and number of, off-street parking and loading spaces and
related access.
g. area, and floor area, devoted to commercial uses.
h. area, and floor area, devoted to industrial or office use.
As to subparagraphs c-h, above, see Development Proposal attached hereto as Exhibit C.
Calculation of the areas devoted to common open space, public open space, public streets,
off-street parking, loading spaces, and related access, area of commercial uses and area
devoted to industrial or office use shall be submitted for approval by the City at the time
of application for site plan or plat approval for each phase of development of the PUD.
20. When the Pun is to be Constructed in StaS!:es durinS!: a Period of Time ExtendinS!:
Bevond a SinS!:le Construction Season.. a Schedule for the Develooment of Each Such
StaS!:e Shall be Submitted StatinS!: the Aooroximate BeS!:inninS!: and Comoletion Date
for Each Such StaS!:e and the Prooortion of the Total Pun Public or Common Ooen
Soace and DwellinS!: Units to be Provided or Constructed DurinS!: Each Such Sta2e
and Overall Chronolo2V of Develooment to be Followed from StaS!:e to StaS!:e:
The phasing of development on the property will be based on market demand. See
Development Proposal attached hereto as Exibit C.
21. When the Prooosed Pun Includes Provisions for Public or Common Ooen Soace or
Service Facilities.. a Statement DescribinS!: the orovision that is to be Made for the
Care and Maintenance of Such Ooen Soace or Service Facilities:
See Development Proposal attached hereto as Exhibit C.
22. Anv Restrictive Covenants that are to be Recorded With Resoect to Prooertv
Included in the PUD:
See Development Proposal attached hereto as Exhibit C.
.
4
c:Hopkins.Opus/DevelopmentPlan
564003/00811/22880171/1
23. A Soil Erosion Control Plan or Other Plan Acceutable to Watershed Districts.
Department of Natural Resources.. Soil Conservation Service. or anv Other A2CnCY
with Review Authority Clearlv Illustrating Erosion Control i\1easures to be Used
Durine Construction and as Permanent l\feasures:
Erosion control plans, stonn water management plans, or other plans are to be submitted
for approval by the City and applicable watershed disttict at the time of application for
approval of a site plan or plat for each phase of development.
OPUS NORTJ:LWEST~ LLC
/;\ [1 )
By,~L~~
Its ,-
David J. Menke
Vie. Prestdent
R... Estate Development
5
c :Hopkills.OpUSi DevcJopmenlPJan
5
c:Hopkins.Opus/DevelopmentPlan
564003/00811/22880171/1
EXHIBIT A
Project Directory
EXHrBIT A
::~~~v
~ j).;,~~~ ,~
Hopkinsl SuperValu Project
Hopkinsl MN 55343
I ProJect Team.. Opus
Team Member
Devefooment:
Dave Menke
VP, Reol Estate
Tom Shaver
VP, Reol Estate
Ericko Miller
RE Manager
Project Manaaement:
Dave Bangasser
VP, Project Mgmt.
Rich Kauffman
Sr. Project Manager
Jody Salen
Project Assistant
Accountina:
Katie ErIckson
Project Accountant
Office/Location
Opus NW LlC
10350 Bren Road West
Minnetonka. MN 55343
Opus NW llC
Opus NW LLC
Opus NW Construction lLC
10350 Bran Rood West
Minnetonko, MN 55343
Opus NW Construction LLC
Opus NW Construction LLC
Opus NW LLC.
Architecture & Enaineerina:
David Wisnewski Opus Architects & Engineers
Designer 10350 Bren Road West
Minnetonka, MN 55343
Krlsty Moore Opus Architects & Engineers
Architectural Design Coordinator
564003/00811/22880171/1
A-I
Phone
fax
952.656.4565 952.656.4814
dava.menke@oDuscoTD.com
952.656.4611 952.656.4814
tom.shaver@oouscoro.com
952.656.4643 952.656.4814
ericka.miIJer@oouscoro.com
952.656.4457 952.352.8512
david.bonoasser@oousnw.com
952.656.4442 952.656.4529
rich.kouffman@oousnw.com
952.656.4452 952.656.4729
iodv.$o/en@oouscoro.com
952.656-44..16 952.656.4529
katie. erickson@oouscoro.com
952.656.4722 952.656.4529
david. wisnewski@oDus-oe.com
952.656.4588 952.656.4529
kristv.rnoore@oous-oe.com
E nvironm ental:
Margaref Knowlton
Envir. Risk Manager
David Uverseed
Environmental Specialist
~:
Brad Osmundson
VP & General Counsel
I Other Contacts
Barr Engineering Co.
(Environmental
Consultant for Opus)
Broun [ntartee
(Soil Engineers for
Opus)
Oty of Hopkins
c:Hopkins.OpuslDevelopmentPlan
564003/00811/22880171/1
Opus Corporation
10350 Bran Road West
Mlnnetonka- MN 55343
Opus Corporation
Opus Northwest LLC.
10350 Bran Rood West
Minnetonka. MN 55343
952.656.4683 952.656.4529
marQaret.knowlton{(i)oQuscorp.com
952.351.6003 952.656.4Q29
david.liverseed@opuscorq.com
952.656.4606 952.656.4814
brad.osmundson@oouscoro.com
Eric Dott
4700W. 77th Street
Suite 200
Edina, MN 55435
8585 W. 78fh Street
Minneapolis, MN 55439 J
Mr. Jim Kerrigan
Dir. Planning & Econ. Dev.
1010- 1 ~1 Street So.
Hopkins, MN 55343
Ms. Nancy Anderson
City Planner
Ms. Kersten Elverum
Housing & Dav. Coordinator
Rick Getchow
City Manager
steve Stadler
Public Works Director
11100 Excelsior Blvd.
Hopkins, MN
John Bradford
Assistant City Engineer
A-2
952.8~2.2600
952.832.2601 fax
612.946.6000
612.946.6001 fax
952.935.8474
952-548-6340 direct
952.935.1834 fax
ikerriQan@hookinsmn.com
952.548.6342
952.935.1834 fax
nanderson@hookinsmn.com
952.548.6343
952.935.1834 fax
kelverum@hookinsmn.com
952.548.6301
952.935.1834 fax
rgetchow@hopkinsmn.com
952.548.6350
952.548.6356
Daspin & Aument Al Daspin 312.258.3770
(Land Use Attorney for 227 W. Monroe Street 312.258.1955 fax
Opus) Chicago. lL 60606 adaspin@daspinaument.com
Maria T oliopoulos 312.258.3773
312,258.1955 fox
fntoliopoulos@daspinoument.com
Ehlers & Associates Sid Inman 651.697.8507
(TIF Consultant for City) Vice President 651.697.8555 fax
3060 Centre Pointe Drive
Roseville, MN 55113
Ernst Associates Gene Ernst 952.448.4094
(Landscape Arch. For Principal 952.448.6997 fax
Opus) 122 West 6th Street @ Pine st. ernstlo@mn.rr,com
Chaska, MN 55318
Curt Claeys 952.448.4094
Design Associate ernstla@tcinternet.net
Faegre & Benson Walter Rockenstein (Rocky) 612.766.7208
(AUAR Attomey for 2200 Wells Fargo Center 612.7 33.1600 fax
Opus) 90 South 7th street wrockens@faeore.com
Minneapons. MN 55402
Holmes & Associates Jim Holmes (a1tny) 763.249.0888
(TIF Affomey for Opus) Two Carlson Parkway 763.249.0777 fax
Suita 155 iholmes@hotmesltd.com
Minneapolis, MN 55447
Mary Jaworsky (paralegal) 763.249.0888
mlaworskv@holmesltd.com
RlK..Kuusisto Michele Caron 952.933.8258 x 105
(Civil Engineer for 6110 Blue Circle Drive macron@dk-kuusisto.com
Opus) Suite 100
Minnetonka, MN 55343
Vernon Swing 952.933.8258
vswing@rlk-kuusisto.com
John Dietrich 952.933.8258
lQietrich@rll~-kuusisto.com
SuperVolu Joe DeWit 952.828.4947
Director. RE Assets 952.828.4909
11840 Valley View Drive Joe. L. Dewlt@Suoervalu.com
Eden Prairie, MN 55344
Barbara Parks 952.828.4479
Regional Counsel 952.828.4403 fax
Borb.H.Porl<s@suoervalu.com
A-3
c:Hopkins.Opus/DevelopmentPlan
564003/00811/22880171/1
~1ary Jane Platt
c:Hopkins.Opus/DevelopmentPlan
564003/00811/22880171/1
Jeffrey A Levy
jeffrevalevv attv@yahoo.com
A-4
EXHIBIT B
Legal Description
Lots 11, 12, 13 and the Easterly 16 feet of Lots 14 and 15, Block 4, West Minneapolis Center, Hennepin County,
Minnesota
B-1
564003/00811/22880171/1
LEGAL DESCRIPTION
The land referred to is situated in the State of Minnesota, County of Hennepin and is described as follows:
Tract A:
Lot 1, Block 1, Valu Addition, according to the recorded pla1 thereof. Hennepin County t Minnesota
Torrens Property
Torrens Certificate No. 801994
Tract B:
Parcel 1 :
Tracts A, Band C, Registered Lan.d Survey No. 1465~ Hennepjn County, Minnesota, except that portion of Tracts
A and B/ying Southerly of the Northerly right-of-way line of County Road Number 3 as described in Final
Certifioate Document Number 1584165. and excepting further those parts of said Tracts A, Band C shown as
Parcel Nos. 29A, 298, 29C, 290, 29E and 29f on City of Hopkins Right of Way Plat No.1. Hennepin County,
Minnesota.
Parcel 2:
lots 3, 4, 5. 6, 7, 8, 9 and 10, Block 13, West Minneapolis Center, except that part of said lots 3, 4, 5, 6 and 7
shown as Parcels 348 on City of Hopkins Right of Way Plat No.1, Hennepin County, Minnesota.
Torrens Property
Torrens Certificate No. 1110134
Tract C:
Parcel 1:
lots 1 and 2, Block 13, West Minneapolis Center, except that part of said lot 2 shown a Parcel 34C an City af
Hopkins Right of Way Plat No.. 1;
AU of vacated North and South alley in said Block 13 lying between the Westerly extension across it af the North
line af said Lat 1 and the Southwesterly extension across it of the Southeasterly line of said Lot 1 ;
All af the Nartheast and Southwest vacated alley in Block 13 lying between the Northerly extension across it of
the East line of said lot 2, in said Block 13 and the West line of Lat 7 in said Block 13, West Minneapolis Center,
Hennepin County, Minnesata.
Parcel 2:
Lots 14 and 15 except the East 16 feet of Lots 14 and 15, Lots 16 through 26, inclusive, Block 4, West
Minneapolis Center, Hennepin County, Minnesota.
Parcel 3:
That part of vacated Monroe Avenue, dedicated of West Minneapolis Center, lying between the Westerly
extension across it af the Narth line of Block 4, in said plat. and the Southwesterly extension across it of the
Southeasterly line of Block 13, in said plat, except those parts thereof shown as Parcel Nos. 29H and 34A an
City of Hopkins Right of Way Plat No.1; That part of vacated First Street North, dedicated in West Minneapolis
Center, lying betweenthe Southerly extensions across it of the West fine of the East 16.00 feet of Lot 14 and the
West line of Lot 14 in Block 4, West Minneapolis Center, Hennepin County, Minnesota.
B-2
c:Hopkins.OpuslDevelopmentPlan
564003/00811/22880171/1
(continued)
Parcel 4:
A Tract of land comprising a part of the former right-of-way of Burlington Railroad Company in the Northwest
Quarter of the Southwest Quarter of Section 19. Township 117. Range 21: Hennepin County. Minnesota; a part
of lots 1.2 and 3, Block 9, West Minneapolis Center; a part of vacated First street North; and an undesignated
triangular tract in West Minneapolis Center adjoining the North line of FifSt Street North and the West line of
Adams Avenue, all described as follows;
Beginning at the intersection of the Westerly line of Tract A, Registered Land Survey No. 1465. Files of Registrar
of Titles, County of Hennepin, with the South line of the North 180.00 feet of said Northwest Quarter of the
Southwest Quarter; thence on an assumed bearing of South 89 degrees 35 minutes 39 seconds West along said
South Une a distance of 97.29 feet; thence South 20 degrees 22 minutes 42 seconds West a distance of 153.29
feet; thenoe Southerly 410. 71 feet along a tangential curve concave to the East. having a radius of 914.93 feet
and a central angle of 25 degrees 43 minutes 11 seconds to the Westerly line of lot 1, Blocf< 9, West
MinneapoUs Center. said Westerly line bears South 20 degrees 24 minutes 32 seconds West iTom the point of
beginning; thence South 20 degrees 24 minutes 32 seconds West along said Westerly line a distance of 22.51
feet; thence Southerly 153.64 feet along a non-tangential curve ooncave to the East having a radius of 924.93
feett a central angle of 9 degrees 31 minutes 03 seconds and chord which bears South 11 degrees 21 minutes
21 seconds East to the Easterly line of said Block 9; thence Northerly along said Easterly line and its extension to
the Southeasterly line of said former right-of-way, thenoe North 20 degrees 24 minutes 32 seoonds East aiong
said Southeasterly line to the point of beginning, Hennepin County, Minnesota.
Parcel 5:
That part of vacated Adams Avenue, dedicated in West Minneapolis Center I lying Southerly of the Southeasterly
line of the former right-of-way of Burlington Northern Railroad Company and Northerly of the following desoribed
line: Beginning at the most Northerly corner of Tract D, Registered Land Survey No. 1465; thence Northwesterly
along the extension of the Northeasterly line of said Tract 0 a distance of 6.17 feet; thenoe Northwesterly along a
tangential curve to the right having a radius of 924.93 feet to the West line of vacated Adams Avenue and there
terminating, Hennepin County. Minnesota.
Torrens Property
Torrens Certificate No. 1110135
B-3
c:Hopkins.Opus/DevelopmentPlan
564003/00811/22880171/1
EXHIBIT C
l)evelop~entjproposal
Opus Northwest, L.L.C.
10350 Bren Road West
Minnetonka, Minnesota 55343
May 9,2006
City of Hopkins, Minnesota
Planning and Zoning
1010 First Street South
Hopkins, Minnesota 55343
Attention: James Kerrigan - Development Director
Re: SUPERV ALU North Annex Site
Dear Jim:
Opus Northwest, L.L.C. ("Opus") proposes to redevelop the former SUPERVALU
North Annex Site ("Redevelopment Property") as a planned unit development ("PUD")
consistent with the City of Hopkins ("City") PUD zoning requirements. Set forth below are
the terms and conditions upon which Opus proposes ("Redevelopment Proposal") to
redevelop the Redevelopment Property.
Master Plan:
Opus proposes to redevelop the Redevelopment Property, in phases, subject to
market conditions, consistent with the master development plan ("Master Plan") attached
hereto and made a part hereof as Exhibit A. The Master Plan identifies proposed uses
within the Redevelopment Property and includes, without limitation, overall densities,
general location of streets and pedestrian ways, and general location and extent of public
and common open space. It is understood that the Master Plan reflects the terms and
conditions that have been generally approved by City staff, but which are subject to final
approval by the Hopkins City Council.
Uses:
Uses of the Redevelopment Property shall be as follows:
(i) at least 75% of the proposed improvements by floor area shall be for office
uses. Office buildings shall be Class B or higher, as generally defined by
BOMA;
C-l
564003/00811/228801-71/1
Mr. James Kerrigan
May 9,2006
Page 2
(ii) up to 25% of the proposed improvements by floor area may be for non-office
uses such as (a) hotel, (b) medical manufacturing, (c) research and
development and (d) uses substantially similar to (b) and (c) above;
(iii) any hotel facility shall be constructed as at least a two diamond facility, as
described by the American Automobile Association, or a two star facility, as
described by the Mobile Travel Guide;
(iv) within the buildings used for those uses described in paragraphs (i) and (ii),
above, accessory (as that term is defined' in the City of Hopkins zoning
ordinance) retail will be allowed. However, such accessory retail shall not
include any business whose primary purpose is the sale of coffee or coffee
products. Accessory retail and businesses shall not be allowed to maintain
exterior building signage;
(v) in addition to the accessory retail described in paragraph (iv) above, retail
improvements and uses not exceeding 15,000 square feet in floor area shall
be allowed along Jackson Avenue frontage up to the east-west drive north of
the proposed retail building depicted on the Master Plan or along Excelsior
Boulevard frontage. Use of the retail improvements in this area by any
business whose primary purpose is the sale of coffee or coffee products shall
not be permitted.
Any retail or hotel construction shall occur subsequent to or concurrently with office
construction.
The following uses shall be prohibited within the Redevelopment Property: automobile
sales or leasing, automobile repair or body shop, adult establishment, adult motion picture
theater, adult novelty business or bookstore, amusement device establishment, cabinet,
electrical, heating, plumbing, upholstery or air conditioning sales or service shop, fix-it
shop, liquor store, open sales lot, pawn shop, drive-thru restaurant, warehouse, taxi
terminal, tattoo parlor, currency exchange or tobacco shop
Bulk Requirements:
Building footprints shall be at least 150 feet south of 2nd Street NE. Setbacks shall
be 20 feet for surface parking and parking ramps, and 10 feet from alleyways. Any parking
ramp shall not exceed 3 supported levels of parking. Minimum parking shall be provided
as follows:
(i) office - 4 spaces per 1,000 rentable square feet of office improvements;
(ii) retail - 5 spaces per 1,000 square feet of retail improvements;
(iii) hotel - 1 space per hotel room plus 1 space per each 4.5 persons of capacity in
other hotel facilities;
(iv) medical manufacturing - 3 spaces per 1,000 square feet of medical
manufacturing improvements, except that 4 spaces per 1,000 rentable square
feet shall be required for any portion used as office space, and
C-2
564003/00811/22880171/1
Mr. James Kerrigan
May 9,2006
Page 3
(v) research and development - 3 spaces per 1,000 square feet of research and
development improvements, except that 4 spaces per 1,000 rentable square
feet shall be required for any portion used as office space.
Parking requirements may be satisfied by taking into account total parking
provided for the entire Redevelopment Property that is available to the use in question and
easements therefor to be set forth in the Reciprocal Easement Agreement described below.
Upon request, Opus shall provide proof to the City that adequate parking is available for
uses at the time of approval for construction.
Maximum building heights shall be as follows, in each case measured from the
finished floor elevation to the top of the highest point (inclusive of parapets and structural
features, but exclusive of building mechanical systems and screening): (i) office, medical
manufacturing, and research and development - 7 stories / 105 feet; (ii) retail- 32 feet; and
(ill) hotel - 105 feet.
A floor area ratio of 60% shall be permitted for the entire Redevelopment Property.
Landscaping:
Landscaping materials shall be of a size, species and quantity generally as depicted
on the landscape plan attached hereto and made a part hereof as Exhibit B and the Master
Plant List attached to the landscape plan. The perimeter landscaping of the
Redevelopment Property (exclusive of the approximate 3 acre parcel in the northwest
quadrant of the site) will be generally in accordance with such landscape plan, but it is
understood that the specific locations of internal landscaping will vary as redevelopment
progresses. In no event shall the overall land area dedicated to landscape (i.e., lawn,
boulevards, water features, and related items) on the Redevelopment Property be less than
15%. Additionally the total budget for landscaping, based upon full development of the
Redevelopment Property, will be equal to or greater than 1% of project cost. At a
minimum, landscaping associated with the initial building to be constructed within the
Redevelopment Property shall include landscaping for the primary access point to the
project along Jackson Avenue and for the secondary access point to the project along 2nd
Street NE; landscaping for the south, northeast and northwest ponds; landscaping for the
central water feature; landscaping along Excelsior Boulevard frontage, and frontage and
perimeter landscaping around the initial phase, each as generally shown on the landscape
plan.
Signage:
Monument signage will be permitted as follows: One monument sign shall be
permitted for each building, provided the surface area of the design is limited as
hereinafter set forth, and provided, further, no more than 5 total monument signs shall be
permitted. Additionally, monument signage with tenant identification shall be permitted
at the primary access point to the project along Jackson Avenue, provided the surface area
of the design does not exceed 150 feet per side and 15 feet in height, and monument
signage generally depicting the name of the project shall be permitted at the secondary
access point to the project along 2nd Street NE, provided the surface area of the design does
not exceed 80 square feet per side and 10 feet in height. Finally, one monument sign shall
be permitted along Excelsior Boulevard frontage, generally depicting the name of the
project, provided the surface area of the design does not exceed 250 square feet per side,
C-3
564003/00811/22880171/1
Mr. James Kerrigan
May 9,2006
Page 4
and 6 feet in height.
Building signage will be permitted as follows: Each tenant other than those in
multi-tenant buildings may have two flat wall signs, not extending more than 18 inches
from the face of the building, except that such signage may extend from the face of the roof
over a covered walk. Each wall sign shall not exceed 15% of the area of the wall to which
the sign is attached, to a maximum of 250 square feet per sign. Each tenant in a multi-
tenant building may have a flat wall sign, not extending more than 18 inches from the face
of the building. Each such multi-tenant building sign shall not exceed 5% of the area of the
wall to which they are attached, to a maximum of 250 square feet per sign. No more than
four (4) wall signs shall be permitted in any multi-tenant building.
Access and Traffic Requirements:
The primary access point for the project shall be along Jackson Avenue. The
secondary access point for the project shall be along 2nd Street NE. The primary and
secondary access point improvements shall be generally as shown on the Master Plan, and
other building, driveway, access and parking ramp improvements shall be designed and
located to promote vehicular movements toward Jackson Avenue. The layout and design of
the driveway, access, vehicle circulation, parking and parking ramp improvements for each
phase of construction of the Redevelopment Property shall be subject to final review and
approval by the City Council at the time of site plan approval, it being understood that the
City will favorably consider the layout and design set forth on the Master Plan. Opus
intends to maintain the existing north/south public alley on the east side of the
Redevelopment Property up to the point of the proposed retail building, where said
alleyway shall be vacated to accommodate the design of the proposed retail building. Opus
also intends to relocate the existing public right-of-way to the north of the proposed retail
building. The existing alleyway, as relocated, shall be integrated with internal circulation
drives for the project. The City shall consider favorably any reasonable requests made by
Opus in connection with the vacation and relocation of the existing public right-of-way as
described above, including entering into appropriate easement termination and vacation
documentation, provided actual vacation shall be subject to approval by City council in
accordance with law.
Opus shall incorporate all mitigative measures as identified in the updated
Alternative Urban Area-Wide Review Mitigation Plan dated April 6, 2006.
Design Standards:
The following design standards shall apply to the Redevelopment Property:
1. Architectural standards and site design shall be compatible with a "Class B"
or higher level of finish. All mechanical equipment shall be screened with
material compatible to the subject building. No outside storage shall be
allowed.
2. All material shall be of high quality and durable. Brick, stone, architectural
pre-cast concrete, architectural concrete masonry units, and glass material
shall be used.
3. Architectural pre-cast shall be stone, textured, coated, or painted.
C-4
564003/00811/22880171/1
Mr. James Kerrigan
May 9, 2006
Page 5
4. Metal siding will not be approved except as accent material to one of the
above materials or curtain wall 011 office components or, as trim, or as HV AC
screen.
5. All accessory structures shall be designed to be compatible with the primary
structure.
6. All roof mounted equipment shall be screened by walls of compatible
appearing material or camouflaged to blend into the building or background.
Wood screen fences are prohibited. All exterior process machinery, tanks,
etc., are to be fully screened by compatible materials.
7. Acceptable materials will incorporate textured surfaces, exposed aggregate
and/or other patterning. All walls shall be given architectural interest
through building design or appropriate landscaping. The use of large
unadorned, concrete panels and concrete block, or a solid wall unrelieved by
architectural detailing, such as change in materials, change in color, change
in depth, fenestrations, or other significant visual relief will be provided in a
manner or at intervals in keeping with the size, mass, and scale of the wall,
and views from public ways shall be prohibited. Acceptable materials will
incorporate textured surfaces, exposed aggregate and/or other patterning.
All walls shall be given added architectural interest through building design
or appropriate landscaping.
8. Space for recycling shall be provided in the interior of all principal structures
or with an enclosure for each lot developed in the project.
9. There shall be no underdeveloped sides of buildings visible from public right-
or ways. All elevations visible from the street shall receive nearly equal
treatment and visual qualities.
10. Monument signage shall be architecturally and aesthetically consistent with
the design intent of the remainder of the project.
11. Site lighting shall be designed to minimize glare and casting of light outside
of the boundaries of the Redevelopment Property.
Reciprocal Easement Agreement:
Opus intends to subject the Redevelopment Property to the terms and conditions of
a Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions governing
the use, operation, maintenance, repair, design and construction of the project, and
creating easements for parking, access, utilities, signage construction, and the like. This
Declaration shall be subject to review and approval by the City, not to be unreasonably
withheld, delayed or conditioned, and which approval shall be deemed given if the City
fails to respond within ten (10) business days following request for approval.
Demolition and Remediation:
Demolition and remediation activities will be conducted to mInImIze dust and
unreasonable accumulations of debris. Opus will provide adequate dust, traffic control and
soil erosion measures to protect adjacent properties, including sweeping adjacent streets,
C-5
564003/00811/22880171/1
Mr. James Kerrigan
May 9,2006
Page 6
as necessary during hauling activities and as otherwise required, and utilizing special
water misting equipment connected to on-site hydrants to control dust migration.
Following demolition of existing improvements, materials shall be leveled and stockpiled in
the undeveloped portion of the Redevelopment Property and will be utilized for subgrades
below building footprints and roadways. Any portion of the Redevelopment Property
underlying demolished improvements that remains unimproved for a period of more than 6
months following completion of demolition (Opus hereby agreeing to notify the City upon
completion of demolition) shall be seeded during the appropriate growing season, and, in
addition, landscaping along Excelsior Boulevard, as generally depicted on the attached
landscape plan, shall be installed following expiration of said 6-month period, if not
previously installed. All construction activities shall be conducted in accordance with
applicable building codes and shall be prosecuted in accordance with sound construction
and engineering techniques.
Infrastructure:
As part of the redevelopment of the Redevelopment Property, Opus shall construct
or reconstruct certain public improvements including roads, alleys, sidewalks, water
mains, and such other public improvements located within public easements or rights of
way as determined to be ~ecessary by the City in connection with the redevelopment of the
Redevelopment Property. All such public improvement work shall be done at the sole cost
and expense of Opus in accordance with the City's standard practices, and the City and
Opus shall enter into a PUD/Development Agreement setting forth all of the terms and
conditions applicable to construction of and payment for such public improvements to be
completed by Opus. Opus shall design and construct all other requisite roadways and
water, storm and sanitary utilities, which roads and utilities shall remain private and be
maintained by Opus in accordance with prudent industry standards. Opus shall design
and construct a regional storm water facility on the 3-acre parcel in the northwest
quadrant of the site, which design and construction shall be performed consistent with the
requirements of the City and the applicable watershed authority having jurisdiction and
generally in conformance with the storm water facility plan attached hereto and made a
part hereof as Exhibit C. Following construction, the 3-acre parcel together with the storm
water facility shall be dedicated to and accepted by the City, who shall maintain the same
as a public improvement consistent with other public improvement projects of the City.
The City shall permit Opus to include the square footage of any dedicated properties in
meeting green or pervious requirements, and in calculating floor area ratios, coverage
ratios, and the like in connection with PUD.
A traffic signal and related improvements shall be installed at the primary access
point to the project along Jackson Avenue upon the earlier to occur of (i) full project build-
out and (ii) such time, if ever, as the required warrants are met, or at such earlier time as
Opus may elect. Construction of such traffic signal and related improvements shall be
completed by the City as a public improvement project, but all costs of such public
improvement project shall be assessed against the Redevelopment Property as a special
assessment at a rate and upon such terms and conditions as are determined by the City in
accordance with standard City practices with the exception of any contribution therefor by
the City. Opus agrees to waive all rights of hearing and appeals from any resulting
assessments set forth in Minn. Stat. Chapt 429, et. seq.
C-6
564003/00811/22880171/1
Mr. James Kerrigan
May 9,2006
Page 7
Park Dedication Fees:
Opus shall be responsible for park dedication fees with respect to the
Redevelopment 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, not to exceed $25,000.00. The required park
dedication fees shall be allocated among each phase of the Redevelopment Property, on a
land area basis, and shall be payable at the time of subdivision of the particular phase of
the Redevelopment Property.
Trail System:
The existing regional trail system serving the Redevelopment Property shall be
preserved, and redevelopment shall accommodate connections to the existing regional trail
system.
Subdivision:
The Redevelopment Property shall be subdivided, in phases, as Opus proceeds with
the redevelopment. No building construction activity for any phase shall be processed until
such phase has been subdivided, but mass grading and demolition activities shall be
permitted without subdivision of any particular phase.
Opus is excited about the prospect of moving forward with redevelopment of the
Redevelopment Property in accordance with mutually acceptable terms and conditions, and
it is looking forward to working with the City in creating and executing this unique re-
development opportunity. As we discussed, the terms and conditions ultimately approved
by the City Council shall form the basis of the PUD/Developer's Agreement to be entered
into by the parties, and shall govern the PUD and redevelopment of the Redevelopment
Property.
Very truly yours,
Opus Northwest, L.L.C.
By:
Its:
.
C-7
564003/00811/22880171/1
Exhibit A
Master Plan
Me
I
I
I
I
I
I
I
I r I
,:~
~i
NOT FOR CONSTRUCTION
II I II III I 6t iUlUli I! Iii II
II I III~ Bi, 111"lio ll~
(') i 'pli et -III
... l! I..l~
I r
f ~
II 9
~~, , q~
c- A-I
564003/00811/22880171/1
Exhibit B
Landscaping Plan
r
I
~
~
I
~
N~~",*,.. r
"'Q
'....
>It~ .f:\ f-....\ I
~ .:f. C.V \ . I
~ ./ \.__/
~ i/:~
I ~ I
~ ~I
~ !C
m j~
(D g
I
l~
,
~ I
i i
m 2
~
.pH'!;:.
II~~
\...~) (j
I! 81
! I ..
I
I
1 III II III . : I( P.lii filtH mllUjll. I~I I J .
I jl" fi~! t i I U II.~ · · I: i~1 I I' EiO
( ~I if I~if" li ~~ i!
c: p ~f I" il 1'1 Iri' rp Y'll
b ~ ... (i t~; ili.f ~! ys
, i:.il hI..
L
-.J
C-B-l
564003/00811/22880171/1
MASTER PLANT LIST
EXCELSIOR CROSSINGS - HOPKINS,MN
SHADE TREES
Qty. Common & Botanical Names Size Cont. Remarks
Ash, 'Autumn Purple' 2-1/2" cal. BB Single, straight leader
Fraxinus american a 'Autumn Purple' No 'v' crotches
Ash, 'Fallgold Black' 2-1/2" cal. BB Single, straight leader
Fraxinus nigra No V crotches
Aspen, 'Quaking' 2-1/2" cal. BB Single, straight leader
Populus tremuloides No 'v' crotches
Elm, 'Homestead' 2-1/2" cal. BB Single, straight leader
Ulmus 'Homestead' No 'v' crotches
Hackberry 2-1/2" cat BS Single. straight leader
Celtis occidental is No 'v' crotches
Honeylocust, 'Imperial' 2-1/2" cal. BB Single, straight leader
Gleditsia tJicantl10s il1emlis 'Jmpcole' No 'v' crotches
Linden, tGlenleven' 2-1/2" cat B8 Single, straight leader
TiNa x flavescens 'Glen/even' No 'v' crotches
Linden, tGreenspire' 2-1/2" cat BS Single, straight leader
Tilia cordata 'Greenspire' No'v' crotches
Linden, 'Redmond' 2-1/2" cal. BS Single, straight leader
TiNa amelicana 'Redmond' No 'v' crotches
Maple, 'Autumn Blaze' 2-1/2" cat BB Single, straight leader
Acer x Freeman/; 'Jeffersred' No V crotches
Maple. 'Sugar' 2-1/2" cat BS Single, straight leader
Acer saccharum No 'v' crotches
Oak, 'Northern Red' 2-1/2" cal. BB Single, straight leader
Quercus rubra (borealis) No V crotches
Oak, 'Swamp White' 2-1/2" cal. BS Sing.le, straight leader
Quercus bie%r No 'v' crotches
ORNAMENTAL TREES
Qty. Common & Botanical Names Size Cont. Remarks
Maple, 'Amur' (Single Stem) 1 112" cat BS Single, straight leader
Acer ginna/a No branches below 36" ht.
Birch, 'Japanese White Spire' (Single Stem) 1 1/2" cat B8 Single, straight leader
Betula platyphl/a vat: japon;ca No branches below 3&" ht.
Birch, 'Japanese White SpIre' (Multi Stem) 12'ht. BS Min. 1-112" cal.leaders
Betula pJat)'phlJa val. japonica No branches below 36" ht.
Crabapple, 'PralrJfire' 1 112" cal. BB Single, straight leader
Malus 'Prairifjre' No branches below 36" ht.
Crabapple, 'Snowdrift' 11/2" cat BS Single, straight leader
Malus 'Snowdrift' No branches below 36" ht.
Crabapple, 'Spring Snow' 1 1/2" cat BB Single, straight leader
Malus 'Spring Snow' No branches below 36" ht.
Dogwood, 'Grey twig' (Multi Stern) 10' ht. SS Min. 1-1/2" cal.leaders
Camus racemosa No branches below 36" ht.
Hawthorn, 'Thornless Cockspur' (Multi Stem) 10' ht. BB Slngfe, straight leader
Crataegus crus-galli ;nennis No branches below 36" ht.
Lilac, 'Japanese Tree' (Single Stem) 1112" cat BS Single, straight leader
Syringa reticufata No branches below 36" ht.
Serviceberry, 'Shadblow' S'ht. B8 Min. 1-1/2" cat leaders
Amelal1chier 'aevis No branches below 36" ht.
CONIFER TREES
Qty. Common & Botanical Names Size Cont. Remarks
C-B-2
564003/00811/22880171/1
Pin, 'Austrian' 6'ht. BS Full form to grade -12"' max.leader length
Pinus nigra Sheared and clipped trees will not be acceptE
Pine, 'Ponderosa' 6'ht. BS Fun form to grade -12" max. leader length
Pinus ponderosa Sheared and clipped trees will not be acceptE
Spruce, 'Black HiUs' 6'ht. BS Fun form to grade -12" max.leader length
Picea gfauca densata Sheared and clipped trees will not be acceptE
LARGE DECIDUOUS SHRUBS
\
Qty. Common & Botanical Names Size Cont. Remarks
Cotoneaster, 'Peking' 12" ht. Cont. Min. 5 canes @ 12" ht.
Cotoneaster aeutiroNa
Dogwood, 'Jsanti Redtwig' 12" ht. Cont. Min. 5 canes@ 12" ht.
Comus sericea '/santi'
Dogwood. 'Pagoda' 12" ht. Cont. Mi n. 5 canes @ 12" ht.
Comus altemifalia
Dogwood, 'Redtwig' 12" ht. Cont. Min. 5 canes @ 12" ht.
Camus sericea
Euonymus, 'Winged' 12" ht. Cont. Min. 5 canes @ 12" ht.
Euonymus a/atus
Lilac, 'Common Purple' 12" ht. Cont. Min. 5 canes @ 12" ht.
Syringa vulgaris
Viburnum, 'American Cranberry' 12" ht. Cont. Min. 5 canes @ 12" ht.
Viburnum tn1abum
Viburnum, 'Nannyberry' 12" ht. Cant. Min. 5 canes @ 12" hI.
Viburnum lentago
SMALL DECIDUOUS SHRUBS
Qty. Common & Botanical Names Size Cont. Remarks
Currant, 'Alpine' 12" ht. Cont. Min. 5 canes @ 12" ht.
Ribas alp;num
Euonymus, 'Dwarf Winged' 12" ht. Cont. Min. 5 canes@ 12" ht.
Euonymus alatus 'Compactus'
Honeysuckle, 'Emerald Mound. 12" ht. Cont. Min. 5 canes @ 12" ht.
Lonicera x xylosteum 'Emerald Mouna'
Hydrangea, 'Annabelle. 12" ht. Cont. Min. 5 canes@ 12" ht.
Hydrangea arborescens 'Annabelle'
Ulac, 'Miss Kim' 12" ht. Cont. Min. 5 canes @ 12" ht.
Syringa patula 'Miss Kim'
Maple, 'Compact Amur' 12" ht. Cont. Min. 5 canes@ 12" hI.
Acer ginnaJa 'Compactum'
Shrub Rose, 'Charles Albanel' #1 grade #2 pot
Rosa rugosa 'Chal1es A/banei'
Shrub Rose, 'Foxi Pavement' #1 grade #2 pot
Rosa rugosa 'Foxi Pavement'
Spirea, 'A. W: 12" ht. Cont. Min. 5 canes @ 12" ht.
Spiraea bumalda 'Anthony Waterer'
Viburnum, 'Compact American' 12" ht. Cont. Min. 5 canes@ 12" ht.
Viburnum trilobum 'Bailey Compact'
EVERGREEN SHRUBS
Qty. Common & Botanical Names Size Cont. Remarks
Arborvitae, 'Globe' is'' dia. Cont.
Thuja oceidentalis 'Woodward'
Arborvitae, 'Techny Globe' 1S" dia. Cont.
Thuja oceidentaUs
Arborvitae, 'Techny Upright' 4'ht. Cont.
TllUja oceidentafis T eclmy'
Juniper, 'Arcadia' is'' dia. Cont.
Juniperus sabina 'Arcadia'
C-B-3
564003/00811/22880171/1
Juniper, 'Hughes' 18" dia. Cont.
Juniperus horizontalis Hug/les'
Juniper, 'Mint Julep' 18" dia. Cont.
Juniperus chinensis 'Mint Julep'
Juniper, 'Sea Green' 18" dia. Cont.
Juniperus chinensis 'Sea Green'
Pine, 'Dwarf Mugho' 18" dia. Cont.
Pinus mugho 'Mugho'
Yew, 'Taunton Spreading' 18" dia. Cont.
Twws media 'Tauf1fonii'
VINES AND GROUNDCOVERS
Qty. Common & Botanical Names Size Cont. Remarks
Boston Ivy 1 gal. Pot Min. 12" leader
Palt/1enocisst/s tlicuspidata
Fleeceflower 1 gal. Pot Min. 12" leader
PoJygonum reyonoulria
PERENNIALS
Qty. Common & Botanical Names Size Cont. Remarks
Astilbe, 'Bremen' (deep pink) 6" d ia. Pot
Astifbe japonica 'Bremen'
Astilbe 'Bressingham Beauty' (Rose) 6" dia. Pot -
Astilbe arendsii 'Bresging/lam Beauty'
Astilve 'Bridal Veil' (White) 6" dia. Pot
Astilbe arendsii 'Brida' Veil'
Astilbe 'Cattleya' (Rose-pink) 6" dia. Pot
Astilbe arendsii 'Catt/eya r
Astilbe 'Red Sentinel' (Red) 6" d ia. Pot
Astilbe japonica 'Red Sentinel'
Astilbe 'Snowdrift' (White) 6" d ia. Pot
Asti/be 'Snowdrift'
Fleece Flower 6" dia. Pot
PoJygonum
Purple Coneflower 6" dia. Pot
Echinacea purpurea
Catmintt 'Walkers low' S" dia. Pot
Nepeta Walkers Low'
DayHly, 'Catherine Woodbery' (Pink) S" dia. Pot
HemerocaJlis 'Catheline Woodbery'
Daylily, 'Hyperiont S" dia. Pot
HemerocaJlis 'Hyperiol1'
Daylily, 'Stella De Ora' (Gold) 6" dia. Pot
Hemerocaflis 'Stella De Ore'
Hosta, tFrancee' 6t' dia. Pot
Hosta 'Francee'
Hosta, tLancifolia' 6'~ dia. Pot
Hosta lancifolia
Hosta, 'Siebofdiana' 6" dia. Pot
Hosts sieboldiana 'Elegans'
Lily, 'LaToya Asiatic' (Magenta) 6" dia. Pot
Ufium Asiatic 'LaToya'
Lily, 'Stargazer Hardy' (White wlpink) 6" dia. Pot
Ufium 'Stargazer'
Rudbeckia, 'Goldsturmt 6" dia. Pot
Rudbeck;a fulgida 'GoJdstrLfm'
Russian Sage 6" dia. Pot
Perovskia atriplicifolia
C- B-4
564003/00811/22880171/1
Salvia, 'May Night'
Salvia x sylvestris 'May Nig/lt'
Sedumf 'Autumn Joy'
Sedurn spectabile 'Autumn Joy'
ANNUALS
TO BE SELECTED
BULBS
TO BE SELECTED
6" dia.
6" dia.
C-B-5
564003/00811/22880171/1
Pot
Pot
.
Exhibit C
Storm Water Facility Plan
C-C-l
564003/00811/22880171/1
EXHIBIT D
Survey
~1"'.u.D_'" "'1.-,-1Wt__ ~~",........
.......8Im,. ~.... Iff......
-"
1M I..... '" ... ~ .....................,.. _____
= ==-.......
--
.....
~~~~~~
F5l\~ :'.:'.__~=":::'~7~~"'.\4.'.'"
--.,.,.,..
'/wnMt<<t;.,... t1"""
-Q
.....
~~,~r~~unP,; --.e_,.,.__J.II>>_........ ~.,"~
r:.':,:r.-r-JL~-:::~X~;:;"'_~l~w..-
=&~~';f":,i.:l~~:'~n=:.~t=tL~=:r.=
~ :r:;r.::::,::~."''''''''''''''''''' ..........,..
-..
==Uir !taer=!-!ii1i
~..:r..~, -n~"\..-:.:-,.m.:~.n:
-
VIClNIT'l' MAP
o
~~
'J
~
v lor 2
'11:..
-~.
1
I
I
r--------
I
I
1
J
I
I
I
I
I
I
J
I
t
I
I
I
1
1
1
I
1
i
I
,
1
I
I
1
J
I
I
1
1
I
t
/
I
I
1
I
I
t
/
I
I
I
I
,..., aIM tAl. t.:ft... .......... III
~ J. 2
..
.................w..
"'~:;........
.............,,0.......
$:=!.5ait~~~s~.!
...__......"JJ:IIlI
NIiIt UlCli ........ UG.
~l3BiI21rttn_~IIJ.&..I1'tA
VtJa... flMJIllIIlllIIl
~~..rrg!lj;,'S.'l'i:"
D-1
564003/00811/22880171/1