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2023-025 A Resolution Approving the First Reading of Ordinance 2023-1196 Rezoning the Property at 314 Mainstreet from MX-S Mixed-Use Suburban Center to MX-S Mixed-Use Suburban Center CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2023-025 A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2023-1196 REZONING THE PROPERTY AT 314 MAINSTREET FROM MX-S MIXED-USE SUBURBAN CENTER TO MX-S MIXED-USE SUBURBAN CENTER WITH A PLANNED UNIT DEVELOPMENT, AND GRANTING PUD SITE PLAN APPROVAL, SUBJECT TO CONDITIONS WHEREAS, Walser Real Estate Inc. (the "applicant"), initiated an application requesting to rezone the property at 314 Mainstreet (PIDs 24-117-22-44-0003, 24-117-22-44-0056, 24- 117-22-44-0057, 24-117-22-44-0029, 24-117-22-44-0006, 24-117-22-44-0008, 24-117-22-44- 0007, 24-117-22-44-0009, 24-117-22-44-0043, 24-117-22-44-0072) from MX-S, Mixed-Use Suburban Center to MX-S, Mixed-Use Suburban Center with a Planned Unit Development (PUD) and requesting approval of a PUD site plan, 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 23, 2023; 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 25, 2023; all persons present were given an opportunity to be heard; and, 3. That the Hopkins Planning & Zoning Commission reviewed this application during their July 25, 2023 meeting and recommended approval by the City Council; and 4. 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 Council Report 2023-075. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the first reading of Ordinance 2023-1196 rezoning the property at 314 Mainstreet from MX-S, Mixed-Use Suburban Center to MX-S, Mixed-Use Suburban Center with a Planned Unit Development (PUD) and hereby grants PUD site plan approval, subject to the conditions listed below. 1 . Execution of a Planned Unit Development Agreement. 2. Approval of the associated conditional use permit amendment to allow an expansion to the vehicle sales and service use in the MX-S, Mixed-Use Suburban Center zone and conformance with all related conditions. 3. Submission of an administrative subdivision to combine all the parcels described in Exhibit A into one lot. 4. Modifications to the landscaping plan at the southeast corner of the site near Excelsior Boulevard. 5. Addition of the shrub hedge element required by the frontage buffer section of the development code for the new frontage along 5th Avenue South. 6. Addition of notes to the landscaping plan to follow the specified landscape installation regulations of Section 102-820 of the development code is to be added to the drawings. 7. Installation of bicycle parking facilities to accommodate four bicycle parking spaces. 8. Approval of the development by the Nine Mile Creek Watershed District and conformance with all related conditions. Adopted this 8th day of August, 2023. ATTEST: Patrick H ,le , Mayor IP Amy Domeier, City Clerk EXHIBIT A Legal Description of subject property The North 19 feet of the East 50 feet of Tract B, Registered Land Survey No. 823, Hennepin County, Minnesota. AND The North 122 feet of Lot 9, Auditor's Subdivision Number 242, Hennepin County, Minnesota, lying Easterly of the West 33 feet thereof. AND The North 122 feet of the West 34 feet of Lot 10, Auditor's Subdivision Number 242, Hennepin County, Minnesota. AND Lot 12 and Lot 13, Auditor's Subdivision Number 242, Hennepin County, Minnesota. AND That part of Lot 14, Auditor's Subdivision Number 242, Hennepin County, Minnesota, lying North of a line parallel with and distant 145 feet Southerly from the Southerly line of Excelsior Avenue. AND Those parts of Lots 14, 20, and 23 Auditor's Subdivision Number 242, Hennepin County, Minnesota, described as follows: Commencing at the Southeast Corner of Section 24, Township 117, Range 22; thence North, along the East line of said Section 24, a distance of 953.32 feet; thence Westerly, deflecting to the left 112 degrees 38 minutes 17 seconds, a distance of 538.92 feet; thence Northerly, at a right angle, a distance of 275.83 feet; thence Westerly, at a right angle, a distance of 33.00 feet to the actual point of beginning; thence Southerly at a right angle, along a line hereinafter referred to as "Line A", a distance of 8.27 feet; thence Southerly a distance of 126.88 feet along a tangential curve to the right having a radius of 167.00 feet to the intersection with the Northwesterly right-of-way line of Hennepin County State Aid Highway No. 3, Plat 16, as recorded in Book 4 of Highway Plats, Page 4, in the office of the County Recorder, County of Hennepin; thence Southwesterly along said right-of-way line to the Northeasterly right-of-way tine of the Chicago and North Western Railway Company (formerly The Minneapolis & St. Louis Railway Company); thence Northwesterly along the last described right-of-way line to the West line of said Lot 14; thence North along said West line to a point 240.00 feet South from the Northwest Corner of said Lot 14; thence East, parallel with the North line of said Lot 14 and its extension, a distance of 275.00 feet; thence North parallel with the West line of said Lot 14, a distance of 94.53 feet to the South line of Lot 17 in said Auditor's Subdivision; thence East, along said South line, a distance of 3.50 feet to the intersection with a curve concave to the East which has a radius of 473.00 feet and is tangential with the aforementioned "Line A"; thence Southerly along the last described curve to the actual point of beginning. AND That part of Lots 14 and 20, Auditor's Subdivision Number 242, Hennepin County, Minnesota, described as follows: Beginning at a point on the West line of said Lot 14, distant 145 feet South of the Southerly line of Excelsior Avenue; thence South along said West line of distance of 95 feet; thence East a distance of 275 feet along a line run parallel with the Southerly line of Excelsior Avenue; thence North along a line run parallel with the West line of said Lot 14 to the South line of Lot 17, said addition; thence West, along the Southerly line of Lot 17, 16, and 15, said addition and along said Southerly line extended to the point of beginning. AND All of Lots 15 and 16 and that part of Lot 17, Auditor's Subdivision Number 242, Hennepin County, Minnesota which lies West of a line drawn parallel with and distance 30 feet West of the following described line: Beginning at the East Quarter corner of Section 24, Township 117, Range 22; thence South along the East line of said Section a distance of 364.37 feet; thence deflect at an angle of 25 degrees 59 minutes 28 seconds for a distance of 462.86 feet; thence deflect right at an angle of 19 degrees 50 minutes 43 seconds for a distance of 209.19 feet; thence deflect left at an angle of 84 degrees 27 minutes 29 seconds for a distance of 76.15 feet; thence deflect 90 degrees right for a distance of 216.88 feet to the actual point of beginning of the line being described; thence deflect left along a tangential curve having a radius of 440.0 feet (delta angle 83 degrees 47 minutes 14 seconds) for a distance of 649.29 feet and there terminating. AND Lot 1 and Lot 2, Block 1 LUTHER WALSER HOPKINS ADDITION, Hennepin County, Minnesota. AND Outlet 0, HCRRA DOWNTOWN HOPKINS, Hennepin County, Minnesota.