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2012-080 Making finding of Fact Approving an Ordinance Rezoning 525 Blake Rd and the two lots to the north of 525 Blake Rd with an overlay planned Unit Development (PUD)CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO: 12-80 RESOLUTION MAKING FINDINGS OF FACT APPROVING AN ORDINANCE REZONING 525 BLAKE ROAD AND THE TWO LOTS TO THE NORTH OF 525 BLAKE ROAD WITH AN OVERLAY PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, an application for Zoning Amendment ZN 12-6 has been made by Hopkins Blake Retail, LLC; WHEREAS, the procedural history of the application is as follows: That an application for zoning amendment was made by Hopkins Blake Retail, LLC; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on October 22, 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: That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Beginning at a point on the West line of said Lot 68 distant 122.41 feet South from the Northwest corner of said Lot 68; thence South along said West line 12.56 feet, more or less, to a point 225 feet North from the Southwest corner of said Lot 68; thence East, at a right angle 208 feet; thence South, at a right angle 173.72 feet, more or less, to the North line of the South 55 feet of said Lot 68; thence East along said North line to the West line of the East 140 feet of said Lot 68; thence North along the last mentioned West line to the North line of said Lot 68; thence West along the North line of said Lot 68 to a point 204 feet East from the Northwest corner of said Lot 68; thence South, deflecting to the left 91 degrees 59 minutes 00 seconds, a distance of 76.65 feet; thence Westerly a distance of 209.58 feet, more or less, to the point of beginning; Except that part of the above described land designated as Parcel 33A on Hennepin County Right -of -Way Map No. 2 recorded in the office of the County Recorder as Document No. 435187. AND That part of Lot 68, Auditor's Subdivision Number 239, Hennepin County, Minnesota, located in the North 1/2 of Section 19, Township 117 North, Range 21 West of the 5th Principal Meridian, and described as follows: Beginning at the intersection of the center lines of Monk Avenue and Cambridge Street; thence Northerly along the center line of Monk Avenue a distance of 195 feet; thence Easterly at right angles to said center line of Monk Avenue a distance of 208 feet; thence Southerly at right angles to Resolution No. R12-80 -2- last described line approximately 195 feet to the center line of Cambridge Street; thence Westerly at a right angle along the center line of Cambridge Street to the point of beginning, excepting therefrom the part thereof conveyed to the City of Hopkins by Document No. 3040482 and further excepting therefrom the part conveyed to Hennepin County by Document No. 4713173. AND All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: All that part of Lot 68, Auditor's Subdivision No. 239, described as follows; Beginning at the Southwest corner of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DD; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along a line drawn parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN12-6 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 the B-4 zoning. 3. That the overlay district is consistent with the Comprehensive Plan. 4. That the underlying zoning of B-4 use remains. BE IT FURTHER RESOLVED that application for Zoning Amendment ZN12-6 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 23nd day of October 2012. By Eugen J. Maxwell, Mayor ATTEST: Kristine A. Luedke, City Clerk