1995-004
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95-4
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN APPLICATION FOR A CONDITIONAL USE PERMIT
TO CONSTRUCT A WENDY'S AND TIM HORTONS RESTAURANT AND
AUTHORIZE THE STAFF TO NEGOTIATE AND PREPARE A USE AGREEMENT
FOR WENDY'S USE OF THE CITY/HRA PROPERTY ADJACENT TO COUNTY ROAD 3
AND EXPLORE OTHER USES FOR THE CITY/HRA PROPERTY.
WHEREAS, an application for Conditional Use Permit CUP94-8 made by Wendy's to construct a
restaurant on the southeast corner of County Road 3 and 11th Avenue is approved.
WHEREAS, . the procedural history of the application is as follows.
1. That an application for a conditional use permit CUP94-8 was filed with the City of
Hopkins on November 30, 1994.
2.
That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
public hearing on the application and reviewed such application on December 27, 1994,
and January 31, 1995. All persons present at the hearing were given an opportunity to be
heard.
3. That the written comments and analysis of the City Staff and the Planning Commission
were considered.
4. A legal description of the subject property is as follows.
The West 505.00 feet of that part of Lot 1, Auditor's Subdivision Number One Hundred
Ninety Five (195), Hennepin County, Minnesota, lying East of the East line of Eleventh
Avenue South; EXCEPT, That part of Lot 1, Auditor's Subdivision Number One Hundred
Ninety Five (195), Hennepin County, Minnesota, lying East of a line drawn parallel to and
distant 409.00 feet Easterly from the East line of Eleventh Avenue South, as said Eleventh
Avenue South was there reestablished (46 feet in width) by deed dated August 20, 1993,
recorded in the office of the Register of Deeds, Hennepin County, Minnesota, on
December 31, 1930, as Document No. 1626685 in Book 1236 of Deeds, Page 416.
, Also EXCEPT, lying Westerly of a line described as follows: Commencing at the
Northwest corner of Northeast Quarter of the Northwest Quarter of Section .25,
Township 117, Range 22; thence run Northwesterly at an angle of90 degrees, 18 minutes
22 seconds with the North line of said Section for a distance of 49.00 feet; thence deflect
90 degrees 00 minutes 00 seconds right for a distance of 668.08 feet; thence deflect right
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at an angle of 90 degrees 26 minutes 06 seconds a distance of 239.00 feet along a line
hereafter referred to as Line "A"; thence defect left at an angle of 90 degrees 00 minutes
00 seconds for a distance of 45.00 feet to a point hereinafter referred to as Point A;
thence deflect to the right 92 degrees 51 minutes 45 seconds to the South line of the
above described tract, being the actual point of beginning of the line to be described;
thence run Northerly to said Point A; thence continuing Northerly, parallel with said Line
A for a distance of 1 09.02 feet; thence deflect right along a tangential curve having a
radius of 90.00 feet (delta angle 90 degrees 26 minutes 06 seconds) and there terminating.
NOW THEREFORE, BE IT RESOLvED that the application for Conditional Use Permit
CUP94-8 is hereby approved based on the following Findings of Fact.
1. That a fast food restaurant is peimitted in the B-3 zoning district with a conditional
use permit.
2. That the applicant meets the specific requirements for a conditional use permit for
a fast, foot restaurant as outlined in the Zoning Ordinance.
BE IT FURTHER RESOLVED, that application for CUP94-8 is hereby approved based on the
following conditions.
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That the exterior material of the trash enclosure is brick.
That the site incorporate a monument sign as detailed in the site plans and in accordance
with plans acceptable to Staff.
That the entire site is irrigated.
That the Nine Mile Creek Watershed District approves the applicant's proposal.
That the subject property is platted.
That the development is constructed according to the plans submitted.
That the location of fire hydrants is acceptable to the Fire Marshal.
That the drive apron off of 11 th Avenue is 8" in depth.
That the applicant constructs a traffic barrier west of the pond that is acceptable to Staff if
determined necessary to Staff
That the pond outlet has a skimming device acceptable to the City'Engineering
Department.
That the discharge point is set so that each pipe draining to the pond is near the elevation
of the bottom of the pond. The discharge end of the pipe in the northwest corner of the
site must be lowered to about elevation 910 feet MSL.
That there is erosion protection at the discharge of storm sewer pipes that drain into the
pond.
That if a use agreement is not executed prior to construction of the project which would
allow for the landscaping of the City/HRA property to the north of the applicant's
property, that the landscaping along the north side of the property is subject to review
and/or changes by City Staff to provide more of a "winter interest" in the vegetation.
That the applicant, subject to Staff approval, provide a barrier and/or berming on the east
side of the site between the water tower and the applicant's site to prevent a vehicle from
encroaching on the City property and/or damaging the water tower.
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That City Staff is authorized to negotiate a use agreement for Wendy's use of the
City/HRA property adjacent to County Road 3, subject to the following.
o That the City Counci/HRA is not obligated to approve the use agreement.
o That the applicant agrees to pay legal costs in conjunction with the preparation of
the use agreement document.
o That the use agreement include the following terms.
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a. That the applicant provide the HRAlCity with a $10,000 up-front user fee
payment.
b. That the applicant deed at no cost the triangular property east of the water
tower.
c. That the applicant landscape and maintain the HRA property in accordance
with a plan acceptable to the applicant, the City and the HRA.
d That the applicant construct at the applicant's expense an access road from
County Road 3 which would include an access to the City water tower
property in accordance with specifications acceptable to the City and the
applicant.
e. That the applicant agree to move access from County Road 3 to the 8th
Avenue intersection at applicant's cost if determined necessary and
appropriate at a future date by the City.
f That the applicant agree at anytime, as determined appropriate by the City,
to trade required right-of-way along 11 th Avenue for the HRA property
directly north of the Wendy's property exclusive of the property to be
retained for future right-of-way on County Road 3, based upon the
following cost.
1. At no cost to the City if it is determined by appraisal that the HRA
property has less value than the Wendy's property.
2. Applicant will reimburse the HRA the difference if it is determined
by appraisal that the HRA property has more value than the.
Wendy's property.
g. Payment of monthly lease fee.
That the applicant is informed that, based upon previous traffic studies, future traffic
conditions could require the upgrading of 11 th Avenue, which could include construction
of a median which would restrict traffic movement from the subject site at 11 th Avenue to
right in and out movements.
Water main insulated as determined necessary by City Engineering Department.
That the City Staff is requested to explore other uses for the City/HRA property north of
the Wendy's site.
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Adopted this 7th day of February, 1995.
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