CR 08-100 PUD Agreement Amendment - Opus Northwest, L.L.C.Overview.
Supporting Documents.
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Nanc. Anderson, AICP
Planner
0 TY OF
HOPKINS
October 29, 2008 Council Report 08 -100
PUD AGREEMENT AMENDMENT — OPUS NORTHWEST, L.L.C.
Proposed Action.
Staff recommends the following motion: Move to approve an amended Planned Unit
Development (PUD) Agreement with Opus Northwest, L.L.C., to construct a childcare
facility at the Excelsior Crossings development.
Opus Northwest, L.L.C., is in the process on constructing three office buildings on the
former SUPERVALU North Annex site. Cargill will be the tenant of the three buildings.
The site was rezoned with an overlay zoning of Planned Unit Development (PUD) with the
approval of a master plan. The PUD zoning allows flexibility with the underlying zoning of
Business Park. In this agreement the specific parameters on how the site will be developed
are detailed. This agreement needs to be amended because the childcare facility will have the
parking 10 feet into the parking setback.
The amendment to the PUD agreement, as presented, was prepared by Jerry Steiner of the
City Attorney's office.
Primary Issue to Consider.
• What is the change in the agreement?
• Amendment to PUD Agreement
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR08 -100
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Primary Issue to Consider.
• What is the change in the agreement?
The change allows for parking in the parking setback for the childcare facility
Alternatives.
1. Approve the amendment to the PUD agreement. By approving the amendment to the
PUD agreement, the childcare building will be developed.
2. Deny the amendment to the PUD development agreement. By denying the amendment to
the PUD agreement, Opus will not be allowed to construct the childcare facility as
proposed. If the City Council considers this alternative, findings will have to be identified
that support this alternative.
Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
SECOND AMENDMENT TO PUD/DEVELOPMENT AGREEMENT
This Second Amendment to PUD /Development Agreement (this "Second Amendment ") is
made and executed this day of , 2008, by Opus Northwest, L.L.C., a limited
l iabi 1 ity company under the laws of the State of Delaware ( "Developer "), and the City of Hopkins, a
municipal corporation under the laws of Minnesota ( "City ").
RECITALS
A. On August 14, 2006, Developer and the City entered into a PUD /Development
Agreement stating the terms and conditions of the City's approval of PUD zoning and a
Development Plan for the development of certain real property legally described in Exhibit A
attached to said PUD /Development Agreement (the Real Property). Said PUD /Development
Agreement was filed for record on September 26, 2006, as Hennepin County Recorder Document
No. 8868919, and on September 25, 2006, as Hennepin County Registrar of Titles Document No.
4309783. On January 26, 2007, Developer and the City entered into an Amendment to
PUD /Development Agreement which was filed for record February 1, 2007, as Hennepin County
Recorder Document No. 8931208 and as Hennepin County Registrar of Titles Document No.
4353572. Said PUD /Development Agreement and Amendment to PUD /Development Agreement
are herein collectively referred to as the "PUD Agreement."
B. The "Plans" defined and described in the PUD Agreement and the approved
Development Design Standards for the development of the Real Property as a planned unit
development do not allow parking within the 20 -foot front yard setback. Developer has requested
that the planned unit development approval and Development Design Standards for the Real
Property be amended to allow parking within the 20 -foot front yard setback on Lot 3, Block 1,
Excelsior Crossings 2 Addition. The Zoning Administrator has approved this request and
amendment in accordance with the provisions of subdivision 1 of Section 565.05 of the Hopkins City
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Code. As a condition of this approval, the City has required Developer to execute and record this
Second Amendment and to comply with and perform all of the agreements, terms, covenants and
conditions hereof. Developer has agreed to execute this Second Amendment and record the same as
a servitude upon title to the Real Property.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Second Amendment, Developer and the City agree the PUD Agreement is
amended as follows:
1. Defined Terms. All words and phrases defined in the PUD Agreement shall, when
used in this Second Amendment, have the same meanings stated in the PUD Agreement unless the
context clearly requires a different meaning.
2. Amendment of PUI) Zoning. The following amendment to the PUD Zoning
approval and the approved Development Design Standards for the Excelsior Crossings planned unit
development is hereby approved, namely:
Vehicle parking shall be permitted in the westerly 10 feet of the front yard setback area
located on Lot 3, Block 1, Excelsior Crossings 2 Addition.
3. Integration. This Second Amendment is incorporated in and made a part of the PUD
Agreement in its entirety. The PUD Agreement shall remain in effect in all of its terms, covenants
and conditions as modified by this Second Amendment.
IN WITNESS WHEREOF, Developer and the City have executed this Second Amendment
as of the date and year first above written.
OPUS NORTHWEST, L.L.C.
By
David J. Menke
Its Vice President, Real Estate Development
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2008, by David J. Menke, the Vice President of Opus Northwest,
L.L.C., a limited liability company under the laws of the State of Delaware, on behalf of the limited
liability company.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2008, by Eugene J. Maxwell, the Mayor, and Richard B. Getschow, the
City Manager, of The City of Hopkins, a municipal corporation, under the laws of the State of
Minnesota, on behalf of the municipal corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, Minnesota 55343
Notary Public
CITY OF HOPKINS
By
Eugene J. Maxwell
Its Mayor
By
Richard B. Getschow
Its City Manager
Notary Public
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