2007-003CITY OF HOPKINS
Hennepin County, Minnesota
Resolution No. 07-3
A RESOLUTION MAKING FINDINGS OF FACT AND
APPROVAL OF THE PRELIMINARY/FINAL
PLAT OF EXCELSIOR CROSSINGS
WHEREAS, application has been made by Opus Northwest, LLC (Applicant) for
review and approval of a plat known as Excelsior Crossings (the Plat);
WHEREAS, the procedural history of the application is as follows:
A. The applicant submitted an application to the City of Hopkins for approval of
the Plat on November 27, 2006. Thereafter, the Preliminary/Final Plat was
reviewed by City staff, and commented upon by City staff, in writing.
B. The legal description of the land included within the Plat (the Property) 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 approval of the Plat:
A. That the Preliminary/Final Plat meets the requirements of the Hopkins City
Code governing the approval of Plats and Subdivisions, as modified by the
Planned Unit Development Zoning approved by the City Council and subject
to the Applicant's compliance with the conditions stated below.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Hopkins, Minnesota, recommends approval of the Preliminary/Final Plat known as Excelsior
Crossings, subject to and conditioned upon Applicant's compliance with the following
conditions:
1. That the Hopkins City Council approves an amendment to the PUD Zoning
for the Property allowing the dimensions and shape of the platted lots
delineated in the 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.
5. Payment of the required park dedication fees in accordance with the
provisions of the PUD/Development Agreement, as amended by the
Amendment to the PUD/Development Agreement approved by the Hopkins
City Council.
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.
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, utility, and roadway
easements and rights-of--way determined to be necessary by the City's Public
Works staff.
9. 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, in accordance with the terms and conditions of the
PUD/Development Agreement, as amended by the Amendment thereto
approved by the City Council.
i
10. The Applicant shall acquire fee title to all of the Property described in Exhibit A
hereto and provide the City Attorney with evidence of title acceptable to the City
attorney demonstrating the Applicant holds fee title to the Property.
11. That the new access to Jackson Avenue is platted as a public right-of--way.
12. That Hennepin County and Minnesota Department of Transportation approve the
plat.
ADOPTED this 2nd day of January 2007.
Eu ne .Maxwell, Mayor