2005-007
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-7
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING TO CONSTRUCT AN OFFICE BUILDING
WHEREAS, an application for Site Plan Review SPR04-1 has been made by Jim Parker;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a site plan review was made by Jim Parker on July 30,
2004;
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 August 31, 2004 and continued by the City Council on September
7, 2004, and September 21, 2004; on October 19, 2004 the City Council
determined that an EA W was not required, Mr. Parker asked that his items be
continued until the January 18, 2005 City Council meeting: all persons present
were given an opportunity to be heard;
3. That the written comments and analysis of City staffwere considered; and
4. A legal description of the subject property is as follows:
Commencing on the east line of the northeast quarter of the southeast quarter at a
point 395.12 feet south from the northeast comer of the southeast quarter; thence
westerly at an angle of 87 degrees 29 minutes with said east line a distance of 400
feet to the point of beginning; thence continuing westerly on the extension of last
described line 179.8 feet; thence south parallel with the east line of said northeast
quarter of the southeast quarter a distance of767 feet; thence east to a point on the
east line of said northeast quarter of the southeast quarter distant 1132.1 feet south
from the northeast comer of said northeast quarter of the southeast quarter; thence
north along said east line 357 feet; thence westerly at an angle to the left of 92
degrees 31 minutes a distance of 400 feet; thence north to the point of beginning,
except roads, Section 25, Township 117, Range 22, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan Review SPR04-1 is
hereby approved based on the following Findings of Fact provided the applicant satisfies the conditions
identified in the Resolution:
1. That the proposed development meets the requirements for site plan approval.
BE IT FURTHER RESOLVED that application for Site Plan Review SPR04-1 is hereby
approved based on the following conditions:
1. That the Watershed District approves the development.
2. That the final drainage, grading and utility plans are approved by the City Engineer.
3. That the lighting in the parking area is directed down.
4. That the applicant obtains the necessary easements for sanitary sewer and water.
5. That the applicant assume full responsibility for design, installation and future
maintenance of the sanitary sewer force main and city water line to their point of
connection with the municipal sanitary sewer and city water services, and that the
obligation for future maintenance and repair of the sanitary sewer and city water lines
be recorded as a permanent restriction against the title to the applicant's property. The
applicant will also be required to obtain all necessary easements or licenses for the
installation and maintenance of the sanitary sewer and city water lines over adjoining
property or public right of way.
6. City staff will review the provisions of the existing Development Agreement for the
Nine Mile Cove development related to maintenance of landscaping on city-owned
property or public right of way. The applicant shall agree to assume r€sponsibility for
maintaining a portion of this landscaping in city-owned property or public road right
of way or agree to reimburse the Nine Mile Cove Homeowner's Association for a
portion of the costs of maintenance of this landscaping.
7. The City Engineer may retain a consultant to review and approve the design of the
access driveway for the Project, and the applicant shall reimburse the City for all costs
and fees for retaining this consultant. The final access driveway design shall be
subject to approval by the City Engineer.
8. The Fire Marshal shall review the plans for the Project to determine if adequate
provision is made for emergency vehicle access. If the Fire Marshal determines
secondary access to the applicant's property for emergency vehicles is necessary, the
applicant shall obtain secondary access for emergency vehicles and submit proof of
this access acceptable to City Staff and the City Attorney.
9. The applicant shall submit the applicant's condominium Declaration to the City for
review and approval by City Staff and the City Attorney prior to recording the
Declaration. If the access driveway is determined to be susceptible to flooding, the
condominium Declaration shall contain a provision notifying future condominium
owners of this possibility.
10. The applicant shall obtain temporary easement(s) over the adjacent right of way of
Highway 169, as necessary for construction of the Project.
11. The landscaping plan shall be revised to provide for coniferous screening trees of a
quantity and size in excess of the minimum requirements of the City's ordinances, as
necessary to provide adequate screening. The final landscaping plan shall be subject
to approval by City staff.
12. The applicant shall enter into a Development Agreement with the City stating all the
terms and conditions of the City's approval for the Project, which shall be recorded as
an encumbrance against the title to the applicant's property. The Development
Agreement shall require the applicant to reimburse the City for all attorney's fees and
other consultant's fees incurred by the City in drafting, negotiating and finalizing the
Development Agreement and reviewing the plans for the Project. .
Adopted this 18th day of January 2005.
ATTEST: