2006-039CITY OF HOPKINS
Hennepin County, Minnesota
Resolution No. 06-39
A RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING ORDINANCE N0.06-966 ESTABLISHING
A PUD OVERLAY DISTRICT AND AN APPLICATION FOR
PLANNED UNIT DEVELOPMENT (PUD) FOR EXCELSIOR CROSSINGS
WHEREAS, application has been made by Opus Northwest, LLC ("Applicant")
to approve a PUD overlay zoning district for the land described in Exhibit A attached
hereto and incorporated herein, which is to be known as the Excelsior Crossings
Development ("Property");
WHEREAS, the procedural history of the application is as follows:
A. The Applicant submitted an application to the City to rezone the Property
as a PUD overlay zone on April 28, 2006. Thereafter, Concept Plan review was
completed by the Planning Commission and City Council in accordance with Hopkins
Ordinance No. 565.08, and general Concept Plan approval was given.
B. Following the general Concept Plan approval, the final Development Plan
("Development Plan") for the PUD overlay zone was submitted by the Applicant. After
proper public notices, a public hearing was conducted by the Planning Commission on
May 30, 2006, to consider the Development Plan, at which time the Planning
Commission recommended approval of the Development Plan by the Hopkins City
Council.
C. After receiving the recommendations of the Planning Commission, the
City Council reviewed the Development Plan and the Planning Commission's
recommendation and approved the Development Plan and PUD overlay zoning for the
property. The City Council further approved Ordinance No. 06-966 establishing a
Planned Unit Development overlay district for the Property.
D. The legal description of the Property included within the Planned Unit
Development overlay district is set forth in Exhibit A attached hereto.
WHEREAS, the City Council of the City of Hopkins, Minnesota, makes the
following findings of fact related to the application for establishment of a PUD overlay
district for the Property described in Exhibit A attached hereto:
A. That the proposed PUD and the uses therein proposed by the Applicant in
the Development Plan and the exhibits and attachments thereto achieve the necessary
coordination between the proposed development and surrounding land uses, conservation
of wetlands or other natural amenities and the protection of the health, safety and welfare
of the citizens of the City of Hopkins.
B. The location of the proposed buildings, compatibility of the uses proposed
by the Applicant within the PUD district, the design of parking areas and other features,
the efficiency, adequacy and safety of the proposed layout for internal streets and
driveways, the adequacy and location of green areas and landscaped areas are consistent
with the standards expressed in Section 565 of the Hopkins City Code and the objectives
of the City's Comprehensive Land Use Plan.
C. It is appropriate to waive or reduce certain requirements of Section 500.75
of the Hopkins City Code related to payment of park dedication fees, as stated below,
because the City will provide tax increment financing assistance for the redevelopment of
the property described in Exhibit A hereto, redevelopment of such property achieves a
public purpose and strict application of the park dedication fee requirements of Section
500.75 of the Hopkins City Code would create a financial hardship for Applicant's
redevelopment of such property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Hopkins, Minnesota, hereby approves Ordinance No. 06-966 establishing a Planned Unit
Development overlay district for the Property described in Exhibit A hereto, subject to
and conditioned upon Applicant's compliance with 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 therefor,
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. Applicant shall comply with and incorporate in the development of the
Property all mitigative measures identified in the updated Alternative Urban Areawide
Review Mitigation Plan dated Apri16, 2006.
4. 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.
5. Applicant shall be responsible for park dedication fees with respect to
the Property in the amount of $330,900.00, and shall be entitled to a credit against
the required park dedication fees in an amount equal to the cost of the trail to be
installed around the storm water facility to be constructed on the northerly three-
acre parcel, not to exceed $25,000.00. The required park dedication fees shall be
allocated among each phase of the Property, on a land area basis, and shall be
payable at the time of subdivision of the particular phase of the Property.
6. 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.
7. 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.
8. 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.
9. Applicant shall comply with, observe and perform all of the terms,
conditions and requirements described in the Development Proposal, dated May 9, 2006,
submitted by Applicant and incorporated in the approved Development Plan for the
project.
10. 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.
11. Applicant shall obtain all required demolition permits or other permits for
demolition of the existing structures and improvements on the Property and shall
otherwise comply with the terms and conditions stated in Applicant's Development
Proposal dated May 9, 2006, related to such demolition.
12. 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.
13. Applicant shall construct a public trail around the regional storm water
retention pond to be constructed on the northerly three-acre parcel, at the sole cost of
Applicant. The plans and specifications for and the design of this public trail will be
prepared by Applicant and submitted for approval by City staff before construction of the
public trail. Upon completion, the public trail shall become a Public Improvement to be
dedicated to the City in accordance with the terms and conditions stated in
PUD/Development Agreement to be executed by Applicant.
14. 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 6th day of June, 2006.
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