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P&Z Resolution 2022-07 - Resolution Recommending the City Council Approve a Conditional Use Permit Allowing a Residential Use in the B-2, Central Business District on the Property with PID 24-117-22-34-0249CITY OF HOPKINS Hennepin County, Minnesota PLANNING & ZONING COMMISSION RESOLUTION 2022-07 A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT ALLOWING A RESIDENTIAL USE IN THE B-2, CENTRAL BUINESS DISTRICT ON THE PROPERTY WITH PID 24-117-22-34-0249, SUBJECT TO CONDITIONS WHEREAS, the applicant, Enclave Companies, initiated an application for a conditional use permit allowing a residential use in the B-2, Central Business District on the property along Mainstreet Between l lt' Avenue South and 12th Avenue South (PID 24-117-22-34-0249), and; WHEREAS, this property is legally described in Exhibit A; and WHEREAS, the procedural history of the application is as follows: 1. That the above stated application was initiated by the applicant on June 24, 2022; and, 2. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice, held a public hearing on the application and reviewed such application on July 26, 2022: all persons present were given an opportunity to be heard; and, 3. That written comments and analysis of City staff were considered; and, WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the staff report dated July 26, 2022. NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the City of Hopkins hereby recommends the City Council approve a conditional use permit allowing a residential use in the B-2, Central Business District on the property along Mainstreet Between IIt'' Avenue South and 12th Avenue South (PID 24-117-22-34-0249), subject to the conditions listed below. 1. Conformance with all general conditional use permit standards in City Code Part III, Chapter 102, Article III, Section 102-94 and the specific standards for residential uses in the B-2 district detailed in City Code Part III, Chapter 102, Article VII, Section 102-216. 2. Approval of the associated rezoning application and execution of a Planned Unit Development (PUD) Agreement. 3. Approval of the associated site plan application and conformance with all related conditions. 4. Approval of all necessary permits from the Building, Engineering and Fire Departments. 5. Approval of the development by the Nine Mile Creek Watershed District and conforms with all related conditions. 6. Payment of all applicable development fees including, but not limited to SAC, park dedication and City Attorney fees. Adopted this 26th Day of July, 2022. Nathan White, Chair EXHIBIT A Legal Description of subject property Tract A: Lots 1 through 6 inclusive, Block 7, That part of the North Half of the adjoining vacated East-West alley in said Block 7 lying between the extension across it of the West line of said Lot 1 and the East line of Lot 26, in said Block 7, That part of the vacated East-West alley lying North of the center line of said alley and between the extension across it of the East line of Lot 6 and the East line of Lot 26, all in Block 7, "West Minneapolis". According to the recorded plat thereof, and situate in Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 834358. Tract B: Lot Twenty-three (23) except the South 25 feet thereof, front and rear, and all of Lots Twenty-four (24), Twenty-five (25), and Twenty-six (26), Block Seven (7), West Minneapolis, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, together with that part of the South half of the vacated East-West alley in said Block 7 lying between the extension across it of the West line of Lot 26 and the center line of the North-South alley in said Block 7 and together with that part of the West half of the vacated North-South Alley in said Block 7 lying between the extensions across it of the South line of Lot 23 except the South 25 feet thereof and the North line of said Lot 26. Abstract Property Tract C: Lots Seven (7), Eight (8), Nine (9) and Ten (10), Block Seven (7), West Minneapolis, except the South 25 feet of said Lot 10, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, together with that part of the East half of the vacated North-South alley in said Block Seven (7) lying between the extensions across it of the South line of Lot 10 except the South 25 feet thereof and the North line of said Lot 7 and together with that part of the South half of the vacated East-West alley in said Block 7 lying between the extensions across if of the East line of said Lot 7 and the Center line of the North-South alley in said Block 7. Abstract Property.