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2006-082CITE OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 06-82 LLC; RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN TO CONSTRUCT A RETAIL AND CONDO DEVELOPMENT WHEREAS, an application for Site Plan Review SPR06-5 has been made by GPS Development, WHEREAS, the procedural history of the application is as follows: 1. That an application for a site plan review was made by GPS Development, LLC; 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 November 28, 2006: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the subject property is as follows: Lot 1, Block 1, Sixth and Main NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan Review SPR06-5 is hereby approved based on the following Findings of Fact: 1. That the applicant meets the requirements for site plan approval. BE IT FURTHER RESOLVED that application for Site Plan Review SPR06-5 is hereby approved based on the following conditions: 1. Execution and recording of the required form of PUD/Development Agreement to ensure the property is developed and used in accordance with the Development Plan approved by the City Council and that all other terms, conditions and requirements set forth in the Development Plan are complied with or observed. The PUD/Development Agreement shall also include all standard terms and conditions regarding construction of any public improvements, delivery of security therefore, developer's warranties and other standard terms and conditions. 2. Applicant shall obtain all required Watershed District approvals for the development of the Property and satisfy all requirements and conditions of such approvals. 3. Development of the Property is to occur in phases. Before commencing each phase of development, the Applicant must obtain approval of a Plat and Site Plan for such phase. As a condition of approval of the plat or site plan for each phase of development of the Property, the City may impose additional terms and conditions consistent with the approved Development Plan, but also including standard terms and conditions related to construction of public and private improvements, construction standards, security for completion of construction of any public improvements, warranties applicable to public improvements and other conditions associated with plat or site plan approval. Applicant shall execute an amendment to the PUD/Development Agreement in connection with the City's approval of each phase of development of the Property to document any new terms and conditions required in connection with approval of such plat or site plan. 4. With each phase of development of the Property, Applicant shall submit detailed construction and design plans, including, but not limited to, grading, drainage, utility, parking and traffic control, landscaping, erosion control and storm water management plans. All public improvements to be constructed by Applicant shall be designed and completed in accordance with the City's standard specifications and requirements. All such plans shall be subject to review and approval by the City's Public Works staff, and Applicant shall comply with or observe any modifications or requirements requested by the Public Works staff. 5. Applicant shall otherwise satisfy all terms, conditions and requirements attached to final approval of any plat or site plan for each phase of development of the Property. 6. Applicant shall obtain all necessary approvals from the Watershed District, Hennepin County, the Minnesota Departments of Natural Resources and MPCA and other governmental agencies or authorities having jurisdiction over the development of the Property as a condition of proceeding with each phase of development, including obtaining any required permits. 7. Applicant shall comply with, observe and perform all of the terms, conditions and requirements described in the Concept Plan, dated August 11, 2006, submitted by Applicant and incorporated in the approved Development Plan for the project. 8. The appropriate drainage and utility easements and rights-of--way for any public streets or alleys shall be dedicated in the final plat for each stage of development of the Property. 9. Applicant shall obtain all required demolition permits or other permits for demolition of the existing structures and improvements on the Property. 10. Buildings and structures which cannot support the required level 800 radio coverage for police and fire shall be equipped with either a radiating cable system or an internal multiple antenna system with or without FCC type accepted bi-directional 800 MHz amplification as needed. All costs of testing, installation, and equipment shall be the responsibility of the Applicant. 11. The Applicant shall acquire fee title to all of the land included within the PUD district and provide the City attorney with evidence of title acceptable to the City attorney demonstrating the Applicant holds fee title to that land. Adopted this 5th day of December 2006. TEST: Te y rmaier, City Clerk Eu ene .Maxwell, ayor