CR 95-22 Prelim Plat - Wendy's
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. February 2, 1995 ~ Council Report CR95-22
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PRELIMINARYIFINAL PLAT - WENDY'S
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95-5 approving a
preliminary/final plat for the southeast comer of County Road 3 and 11th Avenue.
At the January 31, 1995, Zoning and Planning meeting Mr. Hutchison moved and Mr.
Gullickson seconded a motion to approve Resolution RZ-4, recommending approval of a
final/preliminary plat for the southeast comer of County Road 3 and 11th Avenue. The
motion carried unanimously.
Overview.
Wendy's is proposing to construct a restaurant on the southeast comer of County Road 3 and
11th Avenue. This property is currently owned by R.L. Johnson. The subject property is not
platted. In conjunction with the proposed project, City Staff is requiring the property to be
platted. The small triangular piece of property east of the water tower, which is also owned
by R.L. Johnson, will also be platted as an outlot.
. The subject property has two existing easements. One easement is a 20-foot water easement
on the north side of the property and the second is a 10-foot NSP easement on the south side
of the property. A drainage and utility easement is also being recommended to be detailed in
the plat. In conjunction with the CUP for a project being proposed for this property, none of
the proposed building will be constructed on existing or proposed easements.
In conjunction with the proposed action, the applicant has applied for a conditional use
permit.
Primary Issues to Consider.
0 Does the proposed plat meet the subdivision requirements?
0 Does the proposed plat meet the zoning requirements?
0 Is a park dedication fee required?
0 What happened at the Zoning and Planning meeting?
Supportin2 Documents.
0 Analysis of Issues
0 Resolution 95-5
0 Plat
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. Nancy . Anderson, AICP
Planner
CR9S-22
Page 2
. Primary Issues to Consider.
0 Does the proposed plat meet the subdivision requirements?
The proposed plat meets the requirements of the subdivision ordinance. Engineering staff is
recommending that the plat has a 12-foot drainage and utility easement on the east, west, and
south sides, which has been added to the plat.
0 Does the proposed plat meet the zoning requirements?
The Zoning Ordinance requires a minimum lot size of 3000 square feet and a minimum width
of 25 feet. The subj eet lot is 77,195 square feet with a width 273.3 I feet. The small
triangular lot east of the water tower will become an outlot. Outlots do not have any
minimum requirements and are unbuildable.
0 Is a park dedication fee required?
In cases where no additional lots are created, it has been past practice not to require the
payment of a park dedication fee.
0 What happened at the Zoning and Planning meeting?
. At the January 31 Zoning and Planning meeting, Staff reviewed the plat with the Commission
and noted that the proposed plat meets all the requirements of the Suhdivsion Ordinance and
Zoning Ordinance. There was no one in the audience to speak on this issue.
Alternatives.
1. Approve the preliminary/final plat. By approving the preliminary/final plat the applicant's
property will be platted.
2, Deny the preliminary/final plat, By denying the preliminary/final plat, the applicant's
property will not be platted. If the City Council chooses this alternative, findings of fact
will have to be stated that support this alternative. With this action, the CUP for this
project should also not be approved.
3. Continue for further information. With this alternative, action on the CUP should also be
continued.
.
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CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 95-5
RESOLUTION MAKING FINDINGS OF FACT
APPROVING A PRELIMINARYIFINAL PLAT AT THE SOUTHEAST CORNER OF
11 TH A VENUE AND COUNTY ROAD 3
WHEREAS, an application for a subdivision, SUBD94-4, has been made by Wendy's for a
preliminary/final plat at the southeast corner of County Road 3 and 11th Avenue; and
WHEREAS, the procedural history of the application is as follow.
1. That an application for a subdivision, SUBD94-4, was filed with the City of Hopkins on
November 29, 1994.
2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
public hearing on the application and reviewed such application on December 27, 1994,
and January 31, 1995. All persons present were given an opportunity to be heard,
. 3. That the written comments and analysis of the City Staff and the Planning Commission
were considered,
NOW THEREFORE, BE IT RESOLVED that the application for subdivision SUBD94-4 is
approved based on the following Findings of Fact.
1. That the applicant's application for a preliminary/final plat meets the requirements
of the Subdivision Ordinance.
2. That the applicant's application for a preliminary/final plat meets the requirements
of the Zoning Ordinance.
Adopted this 7th day of February, 1995.
Charles D. Redepenning, Mayor
ATTEST:
J ames A. Genellie, City Clerk
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WENDYS HOPKINS
KNOW ALL MEN BY THESE PRESENTS: That A. J. Partnership, 0 Mlnnesoto In witness whereof sold A. J. Portnershlp, 0 Minnesota
partnership, owner ond proprietor of the following described property caused these presents to be signed by Its portner this
situated In the County of Hennepin, State of Minnesota, to wit: 19____.
The West 505.00 feet of that port of Lot I, Auditor's Subdivision
Number One Hundred Ninety Five (195), Hennepin County, Minnesota, A. J. PARTNERSHIP
lying East of the East line of 11th Avenue South: EXCEPT, That port of
Lot I, Auditor's Subdivision Number One Hundred Ninety Five (195),
Hennepin County, Minnesota, lying East of 0 line drown parallel to ond By
distant 409.00 feet Easterly from the East line of Eleventh Avenue Robert L. Johnson, Portner
South, os sold Eleventh Avenue South was there reestablished (46 feet
In width) by deed doted August 20, 1930, recorded In the office of the
Register of Deeds, Hennepin County, Minnesota, on December 31, 1930, STATE OF MINNESOTA
os Document No. 1626685 In Book 1236 of Deeds, Page 416. COUNTY OF
ALSO EXCEPT, lying Westerly of 0 line described os follows: The foregoing Instrument wos acknowledged before me this
Commencing at the Northwest corner of Northeast auarter of the 19_, by Robert L. Johnson. port-
Northwest Quarter of Section 25, Township 117, Range 22j thence run Partnership, a Minnesota partnership, on behalf of the purt
Northwesterly at on angle of 90 degrees, IS minutes 22 seconds with
the North line of sold Section for 0 distance of 49.90 feet; thence
deflect gO degrees 00 minutes 00 seconds right for 0 distance of
668.08 feet: thence deflect right ot on angle of gO degrees 26 minutes Notary Public County, Mlnnesoto
06 seconds a distance of 239.00 feet olong (] line hereinafter referred My Commission Expires
to os Line "A": thence deflect left at on angle of gO degrees 00
minutes 00 seconds for (] distance of 45.00 feet to Q point hereinafter
referred to os Point A: thence deflect to the right 92 degrees 51 I hereby certify that I hove surveyed and plotted the propor
minutes 45 seconds to the South line of the above described tract, this plot os WENOYS HOPKINS; that this plot Is 0 eorrodf ,
being the actual point of beginning of the line to be described; the survey: that 011 dlstonces ore correctly shown on the p
thence run Northerly to said Point Ai thence continuing Northerly. hundredths of (] foot; thot all monuments will be correc'~ly
parallel with sold Line A for 0 distance of 109.02 feet; thence ground os shown or will be ploced os required by the loco
deflect right along 0 tangential curve havln9 0 rodlus of 90.00 feet unit ond that the outside boundary lines ore correctly des:
(delte engle 90 degrees 26 minutes 06 seconds) and there terminating. plot; and thet there ore no wetlands, os defined in ~~~-
Section 505.02, Subd. I, to be designated.
Together with that port of Ninth Avenue South lying between the
Southerly rlght-af-woy line of the Great Northern Rollway Company
right-of-way, which line is olso the North line of Lots I and 2,_~
Auditor's Subdivision Number One Hundred Ninety-five (195), Hennepin Paul J. McGinley, Land ~
County, Minnesota, and the Northerly right-of-way line of the Chicago Minnesota License No.
end Northwestern Rei Iroad (formerly Minneapol is end St. Louis Rai Iroad
right-of-way line) which line Is oleo the Southerly boundary line of
Lots I ond 2, Auditor's Subdivision Number One Hundred Ninety-five STATE OF MINNESOTA
(195), Hennepin County, Mlnnesoto, according to the plot thereof on COUNTY OF
fi Ie and of record In the Office of the Register of Deeds in and for
Hennepin County, Minnesota. The foregoing Surveyor's Certificate was acknowledged before
day of 19_, by Paul J. McGlnlllY,
Together with Lot 2, Auditor's Subdivision Number One Hundred Nlnety- Surveyor.
five (195), Hennepin County, Minnesota.
Has caused the some to be surveyed and plotted os WENDYS HOPKINS, and does
hereby donate and dedicate to the publ ic for public use forever the avenue Notary Publ ic County, Minnesota
and the drainage ond utility easements os shown on this plot. My Commission Expires
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WENDYS HOPKINS
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� WENDYS HOPKINS c.R. n�c. Na,
KNOW ALL MEN BY THESE PRESENTS: That A. J. Partnership, o Minnesota In wttness whereof soid A. J. Partnership, o Minnesota portnership, has HOPK[NS, MINNESOTA
partnership, owner and proprietor of the following desc�ibed property caused these prese�ts to be signed by its partner this day of
situated tn the County of Henneptn, State of Minnesota, to wit: 19_. This plat of WENDYS HOPKINS wos opproved and occepted by the City Council
of the City of Hopkins, Minnesota, at a regular meeting thereof held this
The Weat 505.00 feet of that port of Lot i, Auditor's Subdivision day of 19 . If appltcable, the written comments
A. J. PARTNERSHIP and recommendations of the Commissioner of Transportation and County
� Number One Hundred Ninety Five (195), Hennepin County, Minnesota, Highwoy Engineer have been received by the City or the preacribed 30 day
lying East of the East Itne of 11th Avenue South; EXCEPT, That part of
Lot 1, Auditor's Subdivision Number One Hundred Ninety Five (195), . period has elapsed without receipt of such comments and recommendatfons, as
� Hennepin County, Minnesota, lying Eeat of a line drawn porallel to and BY . provided by Minnesota Stotutes Section 505.03, subd. 2.
distant 409.00 feet Easterly from the East Itne of Eleventh Avenue Robert L. Johnaon, Partner �
South, os soid Eleventh Avenue South was there reestoblished (46 feet CITY CWNCIL OF HOPKINS, MINNESOTA
in width) by deed dated August 20, 1930, recorded in the oftice of the gy , Mayor By , Clerk
Register of Deeds, Hennepin County, Minnesota, on Decem6er 31,� 1930, STATE OF MINNESOTA
os Document No. 1826885 tn Book 1236 oi Daeds, Page 416. COUNTY OF
ALSO EXCEPT, lying Westerly of a line described as followa: The foregofng instrument was acknowledged�before me this . doy of TAXPAYER SERVICES DIVISION, Hennepin County, Minnesota �
Commencing ot tha Northwest corner of Northeoat Quarter of the 19 , by Robert L. Johnson, partner tn A. J.
Northwest Quarter of Section 25, Township 1�7, Ranga 22; the�ca run - Partnership, a Minnesota pertnership, on behalf of the partnership. [ hereby certify that toxes payabla in 19_ and prior years huve been
Northwesterly at an angle of 90 degreea, 18 minutes 22 aeconda with poid for land des19ibed on thfs plot. Dated this doy of
� the North line of said Section for a distonca of 49.90 feet; thence �
deflect 90 degrees 00 mtnutes 00 seconda right for a distance of - . �
668.08 feet; thenca deflect right at on angle of 90 degreea 26 minutes Notary Public County, Minnesoto
O6 seconds a distance of 239.00 feet alon a line herefnofler reterred My Commission Expires PaYrick H. 0'Connor, Hennepin County Auditor
to os Line "A"; thence deflect left at ongle of 90 degrees 00 � By , Deputy
minutes 00 seconds for a distonce of 45.00 feet to a point hereinafter
� refarred to as Potnt A; thence deflect to the ri9ht 92 degreea 51 I hereby certify that 1 have surveyed and plotted the property described on
minutes 45 seconds to the South Iine of the above described troct, thie plet as WENDYS HOPKtNS; that thts piot is o correct represe�tation of SURVEY SECTION, Hennepin County, Minnesota
� befng the actual point of begfnning of the Iine to be described; the survey; that all disYances are correctly shown on the�plat fn feet and Pursuant to MINN. STA7. Sec. 383 8.565 (1969) this plat hos been approved
thence run Northerly� to soid Point A; thence continuing Northerly, hundredths of a foot; thot all monuments will be correct�ly piaced in the this doy ot �9
parallel with said Line A for o distance of 109.02 feet; thence ground as shown or will be placed ca required by the local governmental
deflect right olong a tangential curve having a radius oi 90.00 feet unit and that the outside boundary Iinea are correctly deaignated on the
' (delta angle 90 degraes 26 minutes O6 seconds) ond there tarminating. p�ot; and thot there are no wetlonds, us defined in Minnesotn Statutes, Gary F. Coswell, Hennepin County Surveyor
Section 505.02, Subd. t, to be designated. � . B y .
Together with thot part of Ninth Avenue South lying between the . � � �
� Southerly right—of—way Iine of the Great Northern Railway Company - � COUNTY RECORDER, Hennepin CounYy. Minnesote �. �
right—of—way, which line is also the North Iine of Lote 1 and 2, � poul J. McGinley, Land Surveyor [ hereby certify that tha within plat of WENDYS HOPKINS was filed for
Auditor's Subdivision Number One Hundred Nlnety—five (195),� Hennepin � record in this office this da of 19 ot
County, Minnesota, and the Northerly right—of—way line ot the Chicogo . Minnesota Licenae No. 16099 y
and Northwestern Railroad (formerly Minneapolis and St. Louis Roilrood � . o'elock �1.
rigbt—of—way Iine) which line is also the Southerly boundory Iine of �� �
� Lots I ond 2, Auditor's Subdivislon Number One Hundred Nfnety—five STATE OF MINNESOTA
(195), Hennepin County, Mtnnesota, according to the plat thereof on COUNTY OF .� � R. Don Carlson, Hennepin County Recorder
file ond of record in the Office of the Register of Deeda in and for . By �eputy
Hennepin County, Minnesota. The foregoing Surveyor's Certificote woe acknowledged before me this
day of 19 , by Paul J. McGinlisy, Licensed Land
Together with Lot 2, Auditor's Subdivision Number One Hundred Ntnety— Surveyor.
five (195). Hennepin County, Minnesoto.
Hoe caused the same to be surveyed and platted as WENDYS HOPKINS, ond does �
hereby donate and dedicate to the public for public use forever tha nvenue Notary Public County, Minnesoto
and the drainaqe and utility easements as shown on this plot. My Commission Expires
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