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1998-040(;I1 Y OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 98-40 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A WAREHOUSE BUILDING WHEREAS, an application for Conditional Use Permit CUP98-5 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by SuperValu on June 5, 1998; 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 30, 1998: 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: Block 25 to 29 inclusive and Blocks 43 and 47 inclusive including adjacent vacated street and alley except roads and State Highway 169, West Minneapolis. That part of NE 1/4 of NE 1/4 lying south of west Minneapolis and west of State Highway 169 except street. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP98-5 is hereby approved based on the following Findings of Fact: 1. That the proposed building meets the requirements for a conditional use permit. 2. That the proposed use is permitted in the I-1 zoning district. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98-5 is hereby approved based on the following conditions: 1. That Nine Mile Creek Watershed District approves the grading plan. 2. That the height variance is granted. 3. That a lighting plan is submitted and it is approved by City staff for the east side of the building. 4. That the applicant enter into a development agreement which details the specifics for construction of public improvements and includes a requirement that SuperValu pay the costs of construction of all necessary roadways, pedestrian ways and off-site landscaping to facilitate the project. 5. That the road crossing location for the 10-foot trail at the intersection of Fifth Street South/Second Avenue South is moved southeastwardly as approved by staff. 6. That the Third Street South improvements include not only addition of an auxiliary lane for truck circulation but also a minimum six inch asphalt mill and overlay across the entire existing Third Street South from just west of Fifth Avenue to Washington Avenue. The asphalt mill and overlay of Third Street South is to be completed by SuperValu and paid for the City of Hopkins. 7. That a lighting plan is submitted and approved by staff for the site showing the design of the light fixtures, height, type of lights, and photo metrics for the site. 8. That a grading plan is submitted that indicates the average grade on the current site compared to how the site will be graded with the new development. 9. That a final plan for the south fence and berm is submitted and approved by staff. 10. That City staff approves the final design of Fifth Street. 11. That the Second Avenue South/Fifth Street South intersection be constructed substantially as per Figure 3 of June 12, 1998 Benshoof and Associates memo. 12. That if the number of over-the-road parking spaces is inadequate, SuperValu must provide an additional over-the-road truck parking area on-site. On-street parking for over-the-road trucks or SuperValu trucks will not be permitted. 13. That only the trucks which will exit the site at the Third Street/Fifth Avenue driveway are over the road trucks circulating back to the east driveway and shuttle trucks leaving the new warehouse for either the perishables building or the 101 Jefferson facility. Agate will be installed between the warehouse and the over the road truck staging area to control use of this driveway. The gate will only be opened for shuttle trucks leaving the warehouse. Adopted this 7th day of July, 1998. AT . -er-ry O r aier, City Clerk ,~~ Charles D. Redepenning, May r