2007-005CITE OF HOPKINS
Hennepin County, Minnesota
Resolution No. 07-5
A RESOLUTION MAKING FINDINGS OF FACT, APPROVING
AN AMENDMENT TO PUD ZONING AND AN AMENDMENT
TO PUD/DEVELOPMENT AGREEMENT FOR THE
EXCELSIOR CROSSINGS DEVELOPMENT
WHEREAS, on June 6, 2006, pursuant to an application by Opus Northwest, LLC
(Applicant), the City Council approved a PUD Overlay Zoning District for the Excelsior
Crossings development (Development), which includes the land legally described in Exhibit
A attached hereto (the Property);
WHEREAS, Applicant has submitted site plans for the first three phases of
development of the Property consisting of three office buildings containing approximately
740,000 square feet of space, which is approximately 55,000 square feet more than was
proposed in the approved Development Plan for the Development.
WHEREAS, Applicant has submitted a preliminary Plat for the development of the
Property (the Plat) in which the platted lots do not conform with the standards stated in
Section 500.55 of the Hopkins City Code regulating the shape and dimensions of platted lots;
WHEREAS, Subd. 2 of Section 565.05 of the Hopkins City Code authorizes the City
Council to amend the PUD zoning for the Property to allow the increase in size of the three
office buildings shown in the site plans for the Development and the non-conforming lots
delineated in the Plat as permitted uses within the PUD Zoning District after a public hearing
conducted by the City Council;
WHEREAS, the City Council has conducted a public hearing to consider an
amendment to the PUD zoning to permit the increase in size of the three office buildings
shown in the site plans for the Development and the non-conforming lots shown in the Plat;
WHEREAS, on August 10, 2006, the City and Applicant entered into aPUD/
Development Agreement (PUD Agreement) stating the terms and conditions for Applicant's
development of the Property. The PUD Agreement ~ provides that the Property is to be
developed in phases and, at the time of Plat or site plan approval for each phase of
development, Applicant and the City are to enter into an amendment to the PUD Agreement
stating the specific terms, covenants and conditions for each phase of development thereof;
WHEREAS, Applicant has now requested that the City Council approve the Plat and
the site plans for the first three phases of development of the Property;
WHEREAS, the City Council has reviewed a proposed Amendment to
PUD/Development Agreement documenting the amendment to the PUD zoning and the
specific terms, covenants and conditions attached to the City's approval of the site plans for
the first three phases of development of the Property;
WHEREAS, the City Council of the City of Hopkins, Minnesota, makes the
following findings of fact related to the amendment to the PUD zoning for the Property and
the proposed Amendment to the PUD Agreement:
A. That the proposed amendment of the PUD overlay zoning for the Property to
allow construction of three office buildings containing a total of 740,000
square feet in area as shown in the site plans and the non-conforming lots
delineated in the Plat as permitted uses within the PUD zoning district
achieves the necessary coordination between the Development and
surrounding land uses, conservation of wet lands or other natural amenities
and the protection of the health, safety and welfare of the citizens of the City
of Hopkins and is consistent with the standards expressed in Section 565 of
the Hopkins City Code and the objectives of the City's Comprehensive Land
Use Plan.
B. That the terms and conditions stated in the proposed Amendment to PUD/
Development Agreement are consistent with the PUD zoning approvals
previously given by the City Council and with the terms, covenants and
conditions of the PUD Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Hopkins, Minnesota, hereby approves and adopts an amendment to the PUD overlay zoning
for the Property to allow construction of three office buildings containing a total of 740,000
square feet in area as shown in the site plans and the dimensions and shape of the platted lots
delineated in the Plat as permitted uses within the PUD zoning district established for the
Property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of Hopkins, Minnesota, hereby approves the proposed Amendment to PUD/
Development Agreement, and authorizes the Mayor and City Manager to execute and deliver
such Amendment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the foregoing approvals
are made subject to and conditioned upon Applicant's compliance with the following
conditions:
1. Applicant shall execute and record the Amendment to PUD/Development
Agreement to ensure that the Property is developed and used in accordance
with the PUD Agreement and said Amendment and that all other terms,
conditions and requirements set forth in the approved Development Plan are
complied with or observed.
2. Applicant's compliance with all terms and conditions stated in the PUD
Agreement and the Amendment thereto.
3. Applicant shall obtain all required Watershed District approvals for the
_ development of the Property and satisfy all requirements and conditions of
such approvals.
4. 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 April 6, 2006, as adopted by
Hopkins City Council May 16, 2006 ,and in the December 2006 Update to
the May Updated AUAR for the Excelsior Crossings Development dated
December 1, 2006.
5. Applicant shall comply with all of the terms and conditions imposed by the
City Council upon its approval of the preliminary Plat of Excelsior Crossings.
6. Applicant shall comply with all of the terms and conditions imposed by the
City Council upon its approval of the site plans for the first three phases of
the Development of the Property.
ADOPTED this 2nd day of January 2007.
Eug ne J axwell, Mayor
ATTEST:
'erry Ob~r~naier, City Clerk