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2007-002CITY OF HOPKINS Hennepin County, Minnesota Resolution No. 07-2 A RESOLUTION MAKING FINDINGS OF FACT AND SITE PLAN APPROVAL FOR BUILDINGS A AND B (PHASE 1 AND 2) AND BUILDING C (PHASE 3) OF THE EXCELSIOR CROSSINGS DEVELOPMENT WHEREAS, application has been made by Opus Northwest, LLC, (Applicant) for approval of the Site Plans for Buildings A and B (Phase 1 and 2) and Building C (Phase 3) of the Excelsior Crossings Development; WHEREAS, the procedural history of the application is as follows: A. The applicant submitted applications to the City of Hopkins for approval of the Site Plans for Buildings A and B (Phase 1 and 2) and Building C (Phase 3) of the Development on November 27, 2006. Thereafter, the Site Plans were reviewed by City staff, and commented upon by City staff, in writing. B. On December 26, 2006, the Zoning and Planning Commission reviewed the Site Plans and considered the comments of City staff. WHEREAS, the City Council of the City of Hopkins, Minnesota, makes the following findings of fact related to the applications for approval of Site Plans for Buildings A and B (Phase 1 and 2) and Building C (Phase 3) of the Development: A. That the proposed Site Plans for Buildings A and B (Phase 1 and 2) and Building C (Phase 3) of the Development meet the requirements of the Hopkins City Code related thereto, subject to Applicant's compliance with the comments and recommendations of City staff and the terms and conditions stated below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins, Minnesota, recommends approval of the Site Plans for Buildings A and B (Phase 1 and 2) and Building C (Phase 3) of the Development, subject to and conditioned upon Applicant's compliance with the following conditions: That the Hopkins City Council approves an amendment to the PUD Zoning for the Property described in Exhibit A hereto (the Property), allowing the dimensions and shape of the platted lots delineated in the preliminary Plat of Excelsior Crossings (Plat) as permitted uses within the PUD Zoning District established for the Property. 2. Execution and recording of an Amendment to the PUD/Development Agreement between the City and Applicant as approved by the Hopkins City Council, and Applicant's compliance with all terms and conditions stated in such Amendment and in the PUD/Development Agreement. 3. Applicant shall obtain all required Watershed District approvals for the development of the Property and satisfy all requirements and conditions of such approvals. 4. 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, as adopted by the Hopkins City Council May 16, 2006, and in the December 2006 Update to the May Updated AUAR for the Excelsior Crossings Development dated December 1, 2006. S. Applicant shall comply with all of the terms and conditions imposed upon approval of the preliminary/final plat. 6. All grading, drainage, utility, parking and traffic control plans, storm water pollution prevention plans, pond construction plans, landscaping plans and erosion control plans shall be subject to review and approval by the City's Public Works staff, and Applicant shall comply with or observe any modifications to such plans requested by the city's Public Works staff. Included are traffic comments by Jim Benshoof in a memo dated December 20, 2006. 7. Applicant shall obtain all necessary approvals from Hennepin County, the Minnesota Departments of Natural Resources, MPCA and other governmental agencies or authorities having jurisdiction over the development of the Property. 8. Applicant shall dedicate or grant to the City all drainage and utility easements and rights-of--way determined to be necessary by the City's Public Works staff. 9. Applicant shall obtain all required demolition permits or other permits for demolition of the pre-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. 10. 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. ADOPTED this 2nd day of January 2007. E ene .Maxwell, Mayor ATTEST: G~'C~ Ob,~r~naier, City Clerk