Loading...
HomeMy WebLinkAbout97-123 - ADMIN Resolution - City Council - 1997/09/151 RESOLUTION NO. 97 - 1 2 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE DISTRICT LOCATED AT 1550 UTICA AVENUE SOUTH AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT RELATING TO SAID PROJECT WHEREAS, the City Council adopted Resolution No. 97-106 approving the Preliminary PUD on August 18, 1997 WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on August 14, 1997, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of August 20, 1997, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a vote of 4-0 with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Minneapolis West Associates (MEPC American Properties) has made application to the City Council for a Planned Unit Development under Section 14 6-7 of the St. Louis Park Ordinance Code within the district located at 1550 Utica Avenue South for the legal description as follows, to -wit: See Attached Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 97 -15 -PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zomng Ordinance. 3 The City Council has determined that the Final PUD will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed Final PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14 6-7.2(E). 4. The contents of Planning Case File 97 -15 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions 1. The site shall be developed, used and maintained in accordance with Exhibits A -F, the Final PUD Plans, which shall only be modified in accordance with the development agreement and the following required revisions: a. Two additional fire hydrants as required by the Fire Marshall must be shown on the Final PUD site plan. b Prior to issuance of building permits, building elevations shall be revised to include at least 60% class I materials. 2. Prior to issuance of building permits, the developer shall receive MPCA approval for any required modifications to ISP 90-10 and shall continue to comply with all conditions of the approved Indirect Source Permit. 3 Prior to issuance of building permits, the applicant shall receive the required stormwater permit from the Minnehaha Creek Watershed District. 4. Prior to issuance of building permits, a development agreement must be executed between the City and MEPC which addresses at a minimum. a. Conditions of PUD approval as applicable or appropriate. b. Surety in the form of an irrevocable letter of credit for construction of exterior landscape and pedestrian/bicycle improvements and replacement of plant materials. c Administrative approval of modifications to the PUD plans. d. The Mayor and City Manager are authonzed to execute said development agreement. 5. Prior to issuance of building permits, the developer shall reimburse the City for all costs incurred by the City in connection with processing the applicant's PUD and preparation of the development agreement as provided in Section 141-5.0 of the St Louis Park Zoning Code 1 1 6. Prior to initiating site work, the developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, building permits, and erosion control permit 7 The developer shall obtain any other approvals required by state and federal agencies. 8. The developer shall comply with the provisions of the 1989 EIS and 1997 EIS Addendum for Minneapolis West Business Center. 9 The property owner shall implement the attached Traffic Management Plan (TMP) which has been approved by the Travel Demand Management Task Force. The annual traffic report that is required by the Travel Demand Management ordinance shall be submitted to the City of St. Louis Park Community Development Department by May 1st of each year following issuance of the first Certificate of Occupancy for the new tower. The annual traffic report shall be distributed by the City to all members of the Travel Demand Management Joint Task Force At a minimum, the report shall include annual p m. peak hour traffic data that has been collected by a professional traffic engineering firm for at least 5 consecutive business days for all intersections within the Xema/Park Place Boulevard (formerly Vernon Ave.) interchange The following modifications to ordinance requirements are authorized as part of this Final PUD approval: 1. The floor area ratio for the PUD site can be 1.57 2. The setbacks on Gamble Drive for the parking ramp can be 17 feet. ATTEST Cy Clerk t Reviewed by administration: 9482 RES11 Adopted by the Ci Council September 15, 1997 ayor LEGAL DESCRIPTION CASE NO. 97 -15 -PUD Tract A, Registered Land Survey No. 1599, Files of the Registrar of Titles, County of Hennepin. Subject co certain restrictions as shown in deed Doc. No. 1760863, Files of Registrar of Titles; (See Inst) Subject to a snow fence easement on lands adjoining State Trunk Highway No. 100 as shown by instrument recorded in Book 412 of Miscellaneous Records, page 148, Doc No. 2108397; Subject co a Mortgage made by One Hundred -Twelve, Inc., a Minnesota corporation co I.D.S. Mortgage Corporation, a Delaware corporation dated June 23, 1967, filed June 27, 1967 and recorded in Book 3663 of Mortgages, page 404, Doc. No. 3661656 to secure the principal sum of 55,000,000.00 and to the Assignment of Rents given by said Mortgagor co said Mortgagee for the purpose of securing said Mortgage as shown by instrument recorded in Book 1073 of Miscellaneous Records, page 318, Doc. No. 3661657; (Now on that part of above land lying South of the Westerly extension of the North line of Tract D. Registered Land Survey No. 1599 except the Westerly 30.89 feet thereof) Subject co a perpetual easement in favor of Great Northern Railway Company, its successors and assigns for the construc- tion, maintenance and operation of a railway crack or tracts upon, over and across thac part of the premises described as follows: A parcel of land 1n said Southwest Quarter of the Southwest Quarter. Section 30 lying Easterly of a line drawn parallel with and distant 9 feet Westerly measured ac right angles and radially from the center line of spur track No. 1 (hereinafter described) and Westerly of a line drawn parallel with and distant 9 feet Easterly measured at right angles and radially from cne cancer line of spur track No. 2 (hereinafter described) and extending from said line drawn ac right angles through point "A" Northerly to a line parallel with and distant 200 feet South measured at right angles from the said North line of the Southwest Quarter of the Southwest Quarter, Section 30, said center line of spur track No. 1 is described as follows* Beginning at said reference point "A", thence Northerly along said line making a Southwesterly Included angle of 92 degrees, 46 minutes with said North Line of the Southwest Quarter of the Southwest Quarter, Section 30 for 76 feet; thence along a 17 degree 00 minute curve to the left for 75 5 feet. thence along a tangent 150.7 feet: thence along a 17 degree 00 minute curve co the right for 25 feet and there terminating. Said center line of sour track No. 2 is described as follows: Beginning ac said reference point "A", thence Northerly along said line making a Southwesterly included angle of 92 degrees 46 minutes with said North line of the Southwest Quarter of the Southwest Quarter, Section 30 for 76 feet; thence along a 17 degree 00 minute curve to the left for 75.5 feet; thence along a tangent 58 3 feet; thence along a 9 degree 31 minute curve to the right for 125 feet and there terminating; Subject to and together with a perpetual easement as shown in deed Doc. No. 1100087, Files of Registrar of Titles; (Now over part of above land) Subject to a use restriction to August 31. 2008 as shown in deed Doc. No. 1292227, Files of Registrar of Titles; (See Inst) (Now on chat part of above land lying South of a line drawn from the Southwest corner of Tract E. Registered Land Survey No. 864 to a point on the East line of said tract E distant 18.18 feet North of the Southeast corner thereof) A portion of the northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 is subject to snow fence easement created by instrument of record in Book 1584 of Deeds, page 407 and subject to restrictions created by said instrument relative to cutting, damaging, destroying or removing trees. shrubs or natural growth upon said portion of said quarter -quarter; (See Inst) (Now as to parr of above land) (To rren s ) 1 1 City of St. Louis Park Minneapolis West business Center - Case No. 97-15 PUD dRi-!L � v tJ.w fi 17 MMMER ILl 111 w IWO A6l ! 5 5 V I g 26Us InFrarinrir Li nnnr COPY CITY ST. Louis PARK 3145895 sso\ Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following - "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No 97-123, adopted September 15, 1997, and on file in the Office of the City Clerk 2) The City Council meeting was held upon due call and notice WITNESS my hand and the Seal of the City of St Louis Park Cvfithia D Larsen City Clerk 3/a -o /t, a, Date COPY OFFICE ODF � REGISTRAR TWTLES HE NEPIN CERTIFIED ED ON D�A APR 1 5 1999 BY, REGISTRAR • F TITLES - DEPUTY. ; HrvA RESOLUTION NO. 9 7- 1 2 3 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE DISTRICT LOCATED AT 1550 UTICA AVENUE SOUTH AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT RELATING TO SAID PROJECT WHEREAS, the City Council adopted Resolution No. 97-106 approving the Preliminary PUD on August 18, 1997 WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on August 14, 1997, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of August 20, 1997, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a vote of 4-0 with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findin s 1. Minneapolis West Associates (MEPC American Properties) has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the district located at 1550 Utica Avenue South for the legal description as follows, to -wit - See Attached Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 97 -15 -PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 6. Prior to initiating site work, the developer shall receive all other necessary permits and - approvals from the City including, but not limited to sanitary sewer, 'water tapping permit, building permits, and erosion control permit. 7. The developer shall obtain any other approvals required by state and federal agencies. 8 The developer shall comply with the provisions of the 1989 EIS and 1997 EIS Addendum for Minneapolis West Business Center. 9. The property owner shall implement the attached Traffic Management Plan (TMP) which has been approved by the Travel Demand Management Task Force. The annual traffic report that is required by the Travel Demand Management ordinance shall be submitted to the City of St. Louis Park Community Development Department by May 1st of each year following issuance of the 'first Certificate of Occupancy for the new tower. The annual traffic report shall be distributed by the City to all members of the Travel Demand Management Joint Task Force At a minimum, the report shall include annual p.m. peak hour traffic data that has been collected by a professional traffic engineering firm for at least 5 consecutive business days for all intersections within the Xenia/Park Place Boulevard (formerly Vernon Ave.) interchange. The following modifications to ordinance requirements are authorized as part of this Final PUD approval: 1. The floor area ratio for the PUD site can be 1.57. ' 2. The setbacks on Gamble Drive for the parking ramp can be 17 feet.' Adopted by the City Council September 15, 1997 I /Q6I C`c/ Mayor ATTEST: cam-_ C ty Clerk Reviewed by administration: 9482:RES 11 II u 6. Prior to initiating site work, the developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, -water tapping, permit, building permits, and erosion control permit. , - ,; -; 7. The developer shall obtain any other approvals required by state and federal agencies. 8. The developer shall comply with the provisions of the 1989 EIS and 1997 EIS Addendum for Minneapolis West Business Center. 9. The property owner shall implement the attached Traffic Management ,Plan (TMP) which has been approved by the Travel Demand Management Task Force. The annual traffic report that is,required by the Travel Demand Management ordinance shall be submitted to the City of St. Louis Park community Development Department by May 1st of each year following issuance of the first Certificate of Occupancy for the new tower. The annual traffic report shall be distributed by the City to all members of the Travel Demand Management Joint Task Force. At a minimum, the report shall include annual p m. peak hour traffic data that has been collected by a professional traffic engineering firm for at least 5 consecutive business days for all intersections within the Xenia/Park Place Boulevard (formerly Vernon Ave.) interchange. The following modifications to ordinance requirements are authorized, as part of this Final PUD approval: 1. The floor area ratio for the PUD site can be 1.57. _ 2. The setbacks on Gamble Drive for_ the parking ramp canbe 17, feet. Adopted by the CiCouncilCouncil September 15, 1997 / 6 4:1s.,L(______, Mayor ATTEST: 5Cty Clerk ` Reviewed by administration: 9482:RES11 LEGAL DESCRIPTION CASE NO. 97 -15 -PUD Tract A, Registered Land Survey No. 1599, Files of the Registrar of Titles. County of Hennepin. Subject to certain restrictions as shown in deed Doc. No. 1760863, Files of Registrar of Titles; (See Inet) Subject to a snow fence easement on lands adjoining State Trunk Highway No. 100 as show by instrument recorded in Book 412 of Miscellaneous Records, page 148, Doc. No. 2108397; Subject to a Mortgage made by One Hundred -Twelve, Inc., a Minnesota corporation to I D.S. Mortgage Corporation. a Delaware corporation dated June 23, 1967, filed June 27, L967 and recorded in Book 3663 of Mortgages, page 404, Doc. No 3661656 to secure the principal sum of $5,000,000.00 and to the Assignment of Rents given by said Mortgagor to said Mortgagee for the purpose of securing said Mortgage as shown be instrument recorded in Book 1073 of Miscellaneous Records, page 318, Doc. No. 3661657; (Now on that part of above land lying South of the Westerly extension of the North line of Tract D. Registered Land Survey No. 1599 except the Westerly 30 89 feet thereof) Subject to a perpetual easement in favor of Great Northern Railway Company, its successors and assigns for the construc- cion. maintenance and operation of a railway crack or tracts upon, over and across that part of the premises described as follows: A parcel of land in said Southwest Quarter of the Souchvesc Quarter, Section '30 lying 'Eascerly of a line drawn parallel: - with and distant 9 feet Westerly measured at right angles and radially from the center line of spur track No. 1 (hereinafter described) and Westerly of a line draw parallel with and distant 9 feet Easterly measured at right angles and radially from cne center line of spur track No. 2 (hereinafter described) and ..xcending from said line drawn ac right angles througn point "A" Northerly to a line parallel With and distant 200 feet South measured at right angles from the said North line of the Southwest Quarter of the Southwest Quarter. Section 30, said cancer line of spur track No. 1 is described as follows: Beginning at said reference point "A"; thence Northerly along said line making a Southwesterly included angle of 92 degrees, 46 minutes with said North Line of the Southwest Quarter of the Southwest Quarter, Section 30 for 76 feet: thence along a 17 degree 00 minute curve to the left for 75 5 feet; thence along a tangent 150.7 feet; thence along a 17 degree 00 minute curve co the right for 25 feet and there terminating. Said center line of sour track No. 2 is described as follows: Beginning ac said reference point "A". thence Northerly along said line making a Southwesterly included angle of 92 degrees 46 minutes with said North line of the Southwest Quarter of the Southwest Quarter, Section 30 for 76 feet; thence along a 17 degree 00 minute curve co the left for 75 5 feet; thence along a tangent 58 3 feet; thence along a 9 degree 31 minute curve to the right for 125 feet and there terminating; Subject to and together with a perpetual easement as shown in deed Doe. No. 1100087. Files of Registrar of Titles: (Now over part :f above land) ' Subject co a use restriction to 'August 31. 2008 as shown in deed Doc. No. 1292227, Files of Registrar of Titles; (See Last) (Now on that part of above land lying South of a line drawn from the Southwest corner of Tract 'E. Registered Land Survey No. 864 to a point on the East line of said Tract E distant 18.18 feet North of the Southeast corner thereof) A portion of the Northwest Quarter of the Southwest Quarter of Section 30. Township 29, Range 24 is subject to snow fence easement created by instrument of record in BOOK 1584 of Deeds. page 407 and subject to restrictions created by said instrument relative to cutting, damaging, destroying or removing trees. shrubs or natural growth upon said portion of said quarter -quarter; (See Inst) (Nov as to part of above land) (To r r e n s ) • of St Louis Park MihHeapo(is West Business Curter - Case No. 97-15 PVD SSD Si .w I����ry^,➢gni. y ` S 39• L/ amNsa.n L. t - CSD/ Luc( 4O f 0M TA FMK 2/ to WiLOC-R ■t�ET! H t /� v Zltw / V b l/7 w }tiC LRm . 4 ; 5 ` l�J Z6tn ST II «�- .411 ..flnnnnnn Ito