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2012-056 Approve an Ord Rezonig the Former Park Nicolet and Lutheran Digest Sites with an Overlay Planned Unit Development (PUD)CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO: 12-56 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING OF AN ORDINANCE REZONING THE FORMER PARK NICOLLET AND LUTHERAN DIGEST SITES WITH AN OVERLAY PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, an application for Zoning Amendment ZN12-4 has been made by Klodt Development LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was made by Klodt Development, LLC; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on July 31, 2012: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. 4. The legal description of the property is as follows: Parcel 1: The South 36 feet of Lot 13, and all of Lots 14, 15, 16, 17, 18, 19, and 20, Block 4, "WEST MINNEAPOLIS," Hennepin County, Minnesota, together with the East half of the vacated alley in said Block 4, lying between the westerly extension of the North line of the South 36 feet of said Lot 13, and the westerly extension of the South line of said Lot 14, and including that part of the vacated alley in said Block 4 lying between the westerly extension of the North line of said Lot 15 and the Westerly extension of the South line of said Lot 17, all in "West Minneapolis," except those portions embraced within the following -described two tracts: Exception Tract A: Lot 13, except the North 14 feet thereof, and the North 18 feet of Lot 14, Block 4, together with the easterly half of the vacated alley in said Block 4, lying between the Westerly extension of the South line of the North 14 feet of said Lot 13, and the westerly extension of the South line of the North 18 feet of said Lot 14" all in "WEST MINNEAPOLIS," Hennepin County, Minnesota. Exception Tract B: That part of Lots 15 and 16, Block 4, "WEST MINNEAPOLIS," described as follows: Beginning at the Southeast corner of said Lot 15; thence Southerly along the East line of said Lot 16 a distance of 8.49 feet; thence Westerly, deflecting 89 degrees 42 minutes 54 seconds to the right a distance of 127.44 feet; thence Northerly, deflecting 90 degrees to the right a distance of 50.00 feet; thence Easterly, deflecting 90 degrees to the right a distance of 127.69 feet to the East line of said Lot 15; thence South along said East line to the point of beginning. Resolution No. 12-56 -2- Parcel 2: Tract A: Lot 13, except the North 14 feet thereof, and the North 18 feet of Lot 14, Block 4, together with the easterly half of the vacated alley in said Block 4, lying between the Westerly extension of the South line of the North 14 feet of said Lot 13, and the westerly extension of the South line of the North 18 feet of said Lot 14, all in "WEST MINNEAPOLIS," Hennepin County, Minnesota. Tract B: That part of Lots 15 and 16, Block 4, "WEST MINNEAPOLIS," described as follows: Beginning at the Southeast corner of said Lot 15; thence Southerly along the East line of said Lot 16 a distance of 8.49 feet; thence Westerly, deflecting 89 degrees 42 minutes 54 seconds to the right a distance of 127.44 feet; thence Northerly, deflecting 90 degrees to the right a distance of 50.00 feet; thence Easterly, deflecting 90 degrees to the right a distance of 127.69 feet to the East line of said Lot 15; thence South along said East line to the point of beginning. Tract C: Non-exclusive easement for driveway and access purposes over, across and upon the North 14 feet of Lot 13, Block 4, "WEST MINNEAPOLIS," Hennepin County, Minnesota. (Easement in Gross) Lots 21, 22, 23 and 24, Block 4, West Minneapolis, Hennepin County, Minnesota, together with that part of the vacated alley adjoining Lots 21 and 22 accruing thereto. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN 12-4 is hereby approved based on the following Findings of Fact: 1. That the Planning Commission reviewed the proposed development. 2. That the proposed development use is consistent with mixed use zoning 3. That the overlay district is consistent with the Comprehensive Plan. 4. That the underlying zoning of Mixed Use remains. BE IT FURTHER RESOLVED that application for Zoning Amendment ZN12-4 is hereby approved subject to the following conditions: 1. That the Applicant and the City enter into an agreement that satisfies all the conditions and requirements for this PUD development. 2. That the Applicant reimburses the City for Attorney's fees associated with the PUD agreement. Adopted by the City Council of the City of Hopkins this 6th day of August 2012. By ATEugene J. axwell, Mayor T. ST: Kristine A. Luedke, City Clerk