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2000-006 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2000-06 A RESOLUTION APPROVING AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT WITH HOPKINS MAINSTREET, INC., DATED OCTOBER 6, 1999, FOR PARKSIDE SECOND ADDITION WHEREAS, on October 6, 1999, the City and Hopkins Mainstreet, Inc., ("Hopkins Mainstreet") entered into a Planned Unit Development Agreement (the "PUD Agreement") specifying certain terms and conditions related to the City's approVal of the rezoning of certain real property ("Real Property") described in the PUD Agreement to a zoning classification of R-l-A, PUD. The PUD Agreement also stated certain terms and conditions related to the approval of a plat of the Real Property, known as the Plat of Parkside Second Addition (the "Plat"). WHEREAS, pursuant to a Partial Assignment And Assumption Of Planned Unit Development Agreement, dated December ,1999, Hopkins Mainstreet has assigned certain of its rights and responsibilities under the PUD Agreement to The Ryland Group, Inc. ("Ryland"). Hopkins Mainstreet and Ryland are herein collectively referred to as the "Developer". WHEREAS, as part of the rezoning of the Real Property to the R-l-A, PUD zoning classification, the City Council approved reduced front, side and rear yard setbacks for the single family residences to be constructed on the lots within the Plat by the Developer which setbacks are established as the house pads shown on the Grading Plan prepared by Schoell & Madson, Inc., dated September 14, 1999, and referred to as "Plan B" in the PUD Agreement. Said Grading Plan (hereinafter "Plan B") was approved by the City Council as part of its approval of the rezoning of the Real Property and the PUD Agreement. hopcivkresolut4.pud 1 WHEREAS, certain of the residences to be constructed by the Developer on the Real Property are designed so that the upper levels cantilever two feet beyond the house pads shown on Plan B in the front and rear of the structure. These cantilevers were shown in the proposed plans submitted to the City by the Developer, but the PUD Agreement and Plan B do not document that the applicable front and rear setbacks of the lots within the Plat are to be reduced by two feet to permit the upper levels of structures to be cantilevered two feet beyond the house pads shown on Plan B. WHEREAS, the Hopkins City Council has reviewed and approved a proposed Amendment to the PUD Agreement amending the PUD Agreement to specify that the minimum front yard, side yard and rear yard setbacks for the residences to be constructed within the Plat shall be the boundaries of the house pads depicted on Plan B and, further, that the minimum front and rear yard setbacks may be redUced by two feet to permit the upper levels of the residences to be constructed on the lots within the Plat to be cantilevered by no more than two feet beyond the outer foundation line. WHEREAS, the Amendment is consistent with the intent of the R-1-A PUD zoning of the Real Property, the terms and conditions of the PUD Agreement and the approvals previously given by the City Council. NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota, hereby adopts the following Resolution: RESOLVED, that the Amendment To Planned Unit Development Agreement prepared by the City Attorney and submitted by staff is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the Amendment upon receipt of counterparts of the Amendment hopciv\resolut4.pud 2 executed by the Developer. Adopted this ]o°'/'-~ day of January, 2000, by the City Council of the City of Hopkins, Minnesota. Eug~e MarX/well, Mayor ATTEST: ~ t./Ierry Ob~0g'ffier, City Clerk hopciv\resolut4.pud 3