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2015-086 Making Findings of Fact and Approving a Site Plan at 810 First Street South CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2015-086 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN TO CONSTRUCT A 241-UNIT APARTMENT COMPLEX AT 810 FIRST STREET SOUTH WHEREAS, an application for Site Plan approval SPR15-5 has been made by Doran 810, LLC, (the "Applicant"); and WHEREAS, the procedural history of the application is as follows: 1. That an application for site plan approval was made by Doran 810, LLC, on September 29, 2015; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on October 27, 2015: all persons present were given an opportunity to be heard; and 3. That the written comments and analysis of City staff were considered; and WHEREAS, the legal description of the subject property is as follows: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 20, all in Block 13, West Minneapolis, Together with: Those parts of the adjoining north-south alley and of the adjoining easterly-westerly alley adjoining said Lots that accrued to said Lots by reason of the vacation thereof, and Together with: That part of 2nd Street South adjoining said Block 13, lying northerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Together with: Lots 1, 16, 17 and 18; Torrens Property Together with: That part of the adjoining vacated North-South alley lying West of the centerline thereof and between the extensions across it of the North line of said Lot 18 and the Southeasterly line of said Lot 16; Torrens Property Together with: That part of the adjoining vacated Easterly-Westerly alley lying Northerly of the center line thereof and between the extensions across it of the West line of said Lot 16 and the center line of the adjoining vacated North-South alley; Together with: That part of the adjoining vacated alley lying East of the center line thereof and between the extensions across it of the North and South lines of said Lot 1; Block 13, "West Minneapolis". Torrens Property Together with: That part of 2nd Street South adjoining Block 14, West Minneapolis, lying southerly of the center line thereof, and lying between the extensions across it of the west and east lines of said Block 13. Torrens Property. And the vacated Second Street as follows: That part of 2nd Street South as dedicated on the plat of WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota, lying between the southerly extension of the east line of Block 13, said WEST MINNEAPOLIS, being common with the west right of way line of 8th Avenue, and the southerly extension of the west line of said Block 13, being common with the east right of way line of 9th Avenue. Said line extensions to be prolonged to terminate at the southerly right of way line of 2nd Street South,being common with the north right of way line of H.C.S.A.H. No. 3 (the "Property"); and WHEREAS, the Applicant has submitted the site plan, for the r4view and approval of the City, drafted by Doran Architects, LLC, dated October 15, 2015 (the "P ans"). NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan approval SPR 15-5 and the Plans are hereby approved based on the following Fin e ings of Fact: 1. That the Planning Commission reviewed the proposed d:velopment. 2. That the proposed use meets the requirements for site pl. approval on the condition that the requirements below are met to the sati-faction of the City. 3. That the proposed use is in compliance with the Compre i ensive Plan on the condition that the requirements below are met to the sati faction of the City. 4. That the proposed use is in compliance with the Mixed se zoning on the condition that the requirements below are met to the sati-faction of the City. BE IT FURTHER RESOLVED that application for site plan approval SPR15-5 and the plans are hereby approved, subject to the following conditions that must be met to the satisfaction of the City, prior to the issuance of any permits for the development of the property, unless otherwise expressly provided for below: 1. The plans and the contemplated improvements on the property are subject to the review and approval of the Nine Mile Creek Watershed lDistrict. The plans shall be modified as required by the Nine Mile Creek Waters ed District and approved by the City. 2. The final drainage, grading and utility plans are su ject to the review and approval of the City Engineer. The plans shall be modifi d as required by the City Engineer. 3. Application to rezone the property to mixed-use shall bi made by the Applicant, subject to the review and approval of the City. j 4. Application for final plat of the property shall be made by the Applicant, subject to the review and approval of the City. 5. The sight lines on Ninth Avenue and Excelsior Boulevard are subject to the review and approval of the City Engineer. The plates shall be modified as required by the City Engineer regarding the sight lines. The sight line area shall remain in public ownership or an easement shall be anted to the City by the Applicant. 6. An agreement or plan shall be submitted, subject to th� review and approval of the City Engineer, for the relocation of the CenterPoi t Energy utilities, which relocation shall be completed by either CenterPoint Energy or the Applicant. 7. Applicant shall provide information regarding the a istence of any utilities owned by Xcel Energy in Second Street South, subject t the review and approval of the City Engineer. In the event any utilities owned by Xcel Energy exist in Second Street South, an agreement or plan shall be ubmitted, subject to the review and approval of the City Engineer, for the relocation of the Xcel Energy utilities, which relocation shall be completed by either Xcel Energy or the Applicant. 8. The Applicant shall enter into a purchase agreement, drafted by the City, for the vacated Second Street South. 9. The plans shall be modified to provide greater detail and final configuration of the bikers lounge, subject to the review and approval of the City. 1 10. That the outdoor space on Eighth Avenue has no prohibitive signage. 11. That the Applicant shall provide the cost of the landscaping and pedestrian improvements, subject to the review and approval of the City, to ensure that the ordinance requirements are met. The plans shall be modified as required by the City. 12. That once the final design of the Artery is completed, the Applicant shall return to the City Council for final approval of that area on Eighth Avenue. 13. The Applicant shall enter into an agreement, drafted by the City, for a 10-foot easement along Eighth Avenue. 14. The plans shall be modified, subject to the review and approval of the City Engineer, to provide for the sanitary sewer line to connect to the 30-inch City sanitary sewer line at the intersection of Excelsior Boulevard and Ninth Avenue. 15. The Plans shall be modified, subject to the review and approval of the City Engineer, to provide for the water main to connect to the 12-inch water main in First Street South. 16. The plans shall be modified, subject to the review and approval of the City Engineer, to provide for the removal of existing City utilities within Second Street South right-of-way, with the sanitary sewer being removed to the manhole in Ninth Avenue and the invert plugged, the water main being removed between Eighth Avenue and Ninth Avenue and the tee fittings at the existing mains shall being plugged. 17. The plans shall be modified, subject to the review and approval of the City Engineer, to provide for more detail regarding the design of the storm water facility along the west side of the proposed building. The Applicant shall obtain all permits required from the Nine Mile Creek Watershed District. 18. The Applicant shall pay to the City all fees and costs that the City incurs in coordinating and completing an analysis of the water system based on the proposed development, including, but not limited to, fees associated with the City's consultant. It is anticipated that the fees would not exceed $5,000. 19. The Plans shall be modified, subject to the review and approval of the City Engineer, to provide for disturbed City street curb and sidewalks to be repaired by the Applicant per City specifications and standards. 20. The existing City monument on Eighth Avenue and Excelsior Boulevard is proposed to be relocated by others. The Applicant shall not disturb and/or shall protect the monument. 21. At all times, all construction on the Property shall be made in compliance with the plans, as modified herein, and all applicable local, state and federal rules and regulations. Adopted this 2nd day of November 2015. Eugene J. axwell, Mayor ATTEST:11,4,{Aitt ^ A Amy Domeier, City Clerk