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Home My WebLink About98 -163 - ADMIN Resolution - City Council - 1998/12/07RESOLUTION NO. 98 1 63 Amends Resolution No. 98-130 A RESOLUTION AMENDING RESOLUTION NO 98-130 ADOPTED ON OCTOBER 6, 1998 AND APPROVING FINAL PLAT WITH CERTAIN VARIANCES TO THE SUBDIVISION ORDINANCE OF EXCELSIOR TOWNHOMES (Amends Condition F to extend the filing date with Hennepin County to 150 days within final plat approval by the City Council) BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Nader Nooryshokry and Edina Development Corporation, owners and subdividers of the land proposed to be platted as Excelsior Townhomes have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2 The proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park 3 'The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit. Together with that part of the Southeast Quarter of the Northwest Quarter of Section 20, TWP 117, R21 Hennepin County described as beginning at the Northeast corner of Tract A RLS 1674, thence North 25.00 feet along said East Line of the Southeast Quarter of the Northwest Quarter, thence north 89 degrees 29 minutes 50 seconds west 32 00 feet, thence south 00 degrees 30 minutes 10 seconds west parallel with said East line, a distance of 5.00 feet, thence south 54.00 degrees 28 minutes 15 seconds west 34 00 feet to said Line A; thence south 89 degrees 29 minutes 50 seconds east 59 50 feet along said Line A to the point of beginning Tract A of Registered Land Survey 1674, Hennepin County, Minnesota Conclusion 1. The proposed final plat of Excelsior Townhomes is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions A. The site shall be developed, used and maintained in accordance with Exhibits A through D, such documents incorporated by reference herein. B. Approval of variances to the Subdivision Regulations to allow 20 foot wide streets on all but the main access street; allowing dead end streets with no cul de sacs; to permit easements across the entire Outlots A and B rather than easements around the perimeter of private internal lots, and to permit grading and tree removal on the site prior to final plat approval under certain conditions in accordance with the following findings: a) That there are special circumstances or conditions affecting the property such that the strict applicant of the provisions of the Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land b) That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. c) That the variances are in harmony with the intent of the Comprehensive Plan. C Prior to any site work, the developer shall meet the following conditions: a) Erosion and sediment control plans are to be approved by the City. b) A letter of credit shall be provided for 125% of the cost of tree replacement c) A copy of a permit from the Watershed District approving this project must be provided to the City. d) Any site work undertaken prior to recording of the final plat is at the developer's own risk Issuance of a grading permit in no way indicates approval of the final plat, and any costs incurred, regardless of whether the final plat is approved, are the developer's. Any trees removed on the site would be required to be replaced in accordance with the Tree Preservation Ordinance, regardless of whether the final plat is approved or the project is built. D. Prior to any site work other than grading or tree removal, the developer shall meet the following conditions: a) The developer shall furnish the City financial security in the form of a cash escrow or letter of credit The financial security shall cover at a minimum installation of utilities, private Roads and sidewalks, landscaping, and repair/cleaning of public streets associated with construction If the subdivider fails to perform any obligations under the development contract, the City may apply the security to cure the default. b) A development agreement, homeowner's association agreement and declaration of covenants shall be executed between the developer and the City to ensure that park dedication and trail fees are paid and all improvements are installed in a timely manner including utilities, private streets and sidewalks, and landscaping, that public streets are repaired and cleaned after construction as necessary, parking is prohibited on the private street system except where designated, and common areas (including wetlands, open 1 1 space, landscaping, ponds and private streets/sidewalks) are adequately maintained in perpetuity. Approval of the final plat is contingent upon review and approval of said documents by the City Attorney. c) The developer shall reimburse the City for the City attorney's costs in reviewing development agreements, declaration of covenants, and Homeowner's Association agreement. E. Before a final plat is signed by the City, the developer shall comply with the following requirements. a) Submit to the City a copy of the owner's policy of title insurance which insures the City's interest in the plat, in an amount to be determined by the City, covering the property described in the plat b) Submit financial security and execute agreements as stated in 4 above. F. Within 150 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format G. Prior to issuance of any building permits, the developer shall comply with the following: a) Provide to the City evidence of recording of the final plat, b) Provide to the City evidence that easements or other documents as approved by the City attorney have been recorded against the property which establish the right to common use and ownership of all sidewalks, including those portions which encroach on individually owned lots within the subdivision c) A minimum 20 feet wide, all-weather Class V road surface shall be installed; said road shall be maintained for emergency access throughout construction on the building lots included in the final plat; said road shall provide access to all of the building lots from Excelsior Boulevard H. Prior to receiving the first Certificate of Occupancy, the developer shall donate 98 diameter inches of overstory and/or evergreen trees to the City for installation on a public boulevard, park or other public land. The tree species shall be approved by the City Forester. I. Prior to issuance of the Certificate of Occupancy for each building, park dedication and trail fees shall collected in the amount of $1,125 per each residential unit. J. Approval of a building permit is required, including the requirement that fire sprinklers are to be included in all townhome units per Fire Department specifications, and any additional requirements which may be imposed by the building permit. K. Compliance with the conditions of approval in the resolution approving a Conditional Use Permit for the property including required revisions to the plan exhibits (see attached CUP resolution). provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk as provided for in Sections 14-303(3)(d) and (e) of the St. Louis Park Ordinance Code 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and Section 14-303(3)(e) of the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 14-303(3)(e), shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council December 7, 1998 Attest Reviewed for Administration. Mayor ` 4 -it(vt/t------ 1