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1999-058CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 99-58 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A PRELIMINARY PLAT ON THE FORMER ALLIANT TECH PARKING LOT WHEREAS, an application for a Subdivision, SUBD99-1, has been made by The Beard Group; WHEREAS, the procedural history of the application is as follows: 1. That an application for a preliminary plat was made by The Beard Group on May 28, 1999; 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 June 29, 1999: 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: Tract J and West 581.55 feet of Tract I also that part of west 581.55 feet of Tract K lying south of north 434 feet thereof, Registered Land Survey No. 561. NOW, THEREFORE, BE IT RESOLVED that the application for Subdivision SUBD99-1 is hereby given preliminary approval based on the following Findings of Fact: 1. That the proposed plat meets the minimum requirements of the subdivision ordinance. BE IT FURTHER RESOLVED that application for Subdivision SUBD99-1 is hereby approved subject to the following conditions: 1. That the property is rezoned from R-1-C to R-1-A, PUD, and that the applicant complies with all conditions of such rezoning. 2. That the applicant and the City execute a PUD development agreement that requires the following to be satisfied by the developer: a) Submittal of a storm water management plan and approval of the plan by staff. b) That the final grading and utility plan is submitted and approved by staff showing the erosion control measures, information detailing the storm structures, public utilities, and proposed hookups. c) A watershed district permit is obtained. d) The developer agrees to reimburse the City all costs to complete a traffic study to review the access to the site and the access points on Second Street N.E. Site plan shall be revised to address recommendations of the traffic study. e) That the applicant meets all the requirements of the subdivision ordinance. f) That the applicant provides the City with the by-laws of the homeowners association and the Declaration of Covenants, Conditions and Restrictions, and they are acceptable to staff. g) That the PUD Development Agreement shall include the design standards for improvement and building to be constructed within the PUD as specified in the City Council Resolution approving the PUD rezoning. h) Payment of park dedication fees, as required by ordinance. i) Granting of any easement not dedicated on the plat. j) Execution of an access agreement for access to N.U.R.P. ponds and drainage improvements. k) That the site meet the landscaping requirements. 1) That there is a fence constructed between Oakes Park the development. m) All road and utility construction to be completed per City standards. Developer to provide complete construction plans per City standards to be approved by staff. n) Letter of Credit or other financial guarantees for completion of road, utilities and grading. o) Developer to provide evidence of title acceptable to City Attorney. p) Assessment for any public work. q) That the developer obtains all off-site easements required to provide utilities to the site. r) That the developer provides areas to accommodate pedestrian walkways as determined necessary by the staff. s) That a fence is placed around the N.U.R.P. pond. t) Other items as determined necessary and appropriate, including compliance by the developer with all requirements of Hopkins Ordinance Section 565. u) That the PUD Development agreement shall be recorded as an encumbrance against all land included in the plat at the time of filing of the plat, and shall be executed or consented to by all owners and lienholders. 3. That the final plat shall comply with all subdivision and platting requirements of the Hopkins City Code and Minnesota Statutes. Adopted this 20th day of July, 1999. arles D. Redepenning, ayor „ ., ~ ~-