2023-036 A Resolultion Approving a Second Reading of Ordinance 2023-1202 Rezoning the Property at 412 - 5th Avenue North from NX2, General Residential Mix to NX2 General Residential Mix with a Planned Unit Development, and Authorizing the Mayor and City M CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2023-036
A RESOLUTION APPROVING A SECOND READING OF
ORDINANCE 2023-1202 REZONING THE PROPERTY AT 412 - 5TH AVENUE NORTH
FROM NX2, GENERAL RESIDENTIAL MIX TO NX2 GENERAL RESIDENTIAL MIX WITH A
PLANNED UNIT DEVELOPMENT, AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, Augustana Land Development LLC ("the applicant") initiated an application
requesting to rezone the property at 412 - 5th Avenue North (PID 24-117-22-12-0008) from
NX2, General Residential Mix to NX2, General Residential Mix 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 August 25, 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
September 26, 2023; all persons present were given an opportunity to be heard; and
3. That the Hopkins Planning & Zoning Commission reviewed this application during
their September 26, 2023 meeting and recommended approval by the City Council;
and
4. That the Hopkins City Council conducted reviewed this item during the October 3,
2023 meeting, agreed with the findings of the Planning & Zoning Commission and
approved Resolution 2023-033 approving the first reading of Ordinance 2023-1202,
and granting PUD Site plan approval subject to conditions; and
5. That the Hopkins City Council conducted a second reading of Ordinance 2023-1202
during the October 17, 2023 meeting.
WHEREAS, The Hopkins City Council directed staff and the applicant to address issues
discussed at the October 3, 2023 meeting which are reflected by modifications to the
submitted application materials and conditions of approval as described in Council Report
2023-109 which are meant to replace those stipulated in Resolution 2023-033; and
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in Council Report 2023-103 and Council Report 2023-109.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the second reading of Ordinance 2023-1202 rezoning the property at 412 —
5th Avenue North from NX2, General Residential Mix to NX2, with a Planned Unit Development
(PUD) and hereby authorizes the Mayor and City Manager to Enter into a Planned Unit
Development Agreement, and re-approves the PUD site plan subject to the conditions listed
below.
1. Execution of a Planned Unit Development Agreement.
2. Conformance with all related conditions of approval of the associated conditional use
permit to allow the proposed 88-bed Skilled Nursing Facility in the NX2, General
Residential Mix zone.
3. Modification of plans or verification that the horizontal shadow lines at the top of the
ground story meet the requirement to be provide said shadow lines along 80% of the
front facade.
4. Submittal of building plans that demonstrate compliance with the requirement that 70%
of all street facade upper story windows are operable.
5. Submittal of building plans that demonstrate compliance with the requirement that
windows are recessed with the glass a minimum of 2 inches from the facade surface
material or adjacent trim.
6. Submittal of building plans that demonstrate compliance with the requirement that
commercial grade quality doors, windows, and hardware are used.
7. Submittal of building plans that demonstrate compliance with the requirement that
shadow lines delineate changes in materials with a thickness that is greater than 1 .5
inches.
8. The applicant shall demonstrate that the proposed outdoor generator cannot function
inside or shall be otherwise required to locate the equipment inside. If located
externally, fencing details for the equipment enclosure in accordance with screening
standards per Section 102-8140 of the Zoning Code must be provided prior to
installation.
9. Approval of the development by the Minnehaha Creek Watershed District and
conformance with all related conditions.
10.Payment of Tree Replacement fees applicable at the time of building permit issuance.
11.Payment of all applicable development fees including, but not limited to SAC, park
dedication and City Attorney fees.
BE IT FURTHER RESOLVED that this resolution replaces the PUD Site Plan
approval granted in Resolution 2023-033.
Adopted this 17th day of October, 2023.
ATTEST: atrick Hanlon, Mayor
Amy Domeier, City Clerk
EXHIBIT A
Legal Description of subject property
Parcel 1:
The North 45.22 feet of the following described property:
All that part of the West one-half of the Northeast Quarter of Section 24, Township 117 North,
Range 22 West of the Fifth Principal Meridian, described as follows, to-wit: Beginning on the
East line of the Northwest Quarter of the Northeast Quarter of Section 24, Township 117,
Range 22 at a point 1266.9 feet South of the Northeast corner of the Northwest Quarter of the
North-East Quarter, thence South 554.7 feet to the North line of the Minnetonka Mills Road,
thence Northwesterly along said line 531.92 feet, thence North and parallel with the East line
of Northwest Quarter of the Northeast Quarter 340.4 feet, thence East 486.87 feet to the place
of beginning, except the East 164 feet.
Being Registered land as is evidenced by Certificate of Title No. 458162.
Parcel 2:
The South 200 feet of the North 1266.9 feet of the East 486.87 feet of the Northwest quarter of
the Northeast quarter of Section 24, Township 117, Range 22.
Being Registered land as is evidenced by Certificate of Title No. 166598.