HomeMy WebLinkAbout00-060 - ADMIN Resolution - City Council - 2000/05/01RESOLUTION NO. 00-060
A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT
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(PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE AND
R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT
NORTHWEST QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE
AND
PRELIMINARY PLAT — POINTE WEST COMMONS ONE AND TWO
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WHEREAS, applications for approval of a Planned Unit Development (PUD) and
Preliminary Plat for Pointe West Commons One and Two were received from the applicant on
February 15, 2000 (accepted as complete applications on March 20, 2000), and
WHEREAS, notice of a public hearing on the Preliminary PUD and Plat was mailed to
all owners of property within 350 feet of the subject property plus other affected property owners
in the vicinity, and
WHEREAS, notice of public hearing on the Preliminary PUD and Plat was published in
the St Louis Park Sailor on March 8, 2000, and
WHEREAS, the Planning Commission opened the public hearing at the meeting of
March 22, 2000 and continued discussion to the April 5, 2000 meeting, and
WHEREAS, on April 5, 2000, the Planning Commission recommended approval of the
Preliminary PUD and Plat on a 4-0 vote 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 CSM Hospitality, Inc and Rottlund Companies have 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 "0" Office and R-4 Multiply Family Residential districts located at the Northwest quadrant
of West 16`s Street and Zarthan Avenue,
and
CSM Hospitality, Inc and Rottlund Companies, owners and subdividers of the land proposed to
be platted as Pointe West Commons One and Two have submitted an application for approval of
preliminary 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,
for the legal description as follows, to -wit
See Attached Legal Description
Resolution No 00-060 -2-
2 The proposed preliminary 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 City Council has considered the advice and recommendation of the Planning
Commission (Case Nos 00-14-S and 00 -15 -PUD) and the effect of the proposed PUD and Plat
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
4 The City Council has determined that the PUD and Plat will not be detrimental to the health,
safety, or general welfare of the community nor with certain contemplated traffic improvements
will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding
property values The Council has also determined that the proposed PUD and Plat are 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)
5 The contents of Planning Case Files 00-14-S and 00 -15 -PUD are hereby entered into and
made part of the public hearing record and the record of decision for this case
Conclusion
The Preliminary Planned Unit Development and Preliminary Plat for Pointe West Commons One
and Two at the location described are approved based on the findings set forth above and subject
to the following conditions
A The site shall be developed, used and maintained in accordance with the Official Exhibits A
through L, subject to approved plan changes through the final PUD and final plat process
B Prior to final PUD or final plat consideration, applicant shall submit complete final PUD and
final plat application materials Final PUD plans shall address issues as noted in the staff
report including landscaping around detention pond,, townhouse elevations and building
materials, and plans sufficient to determine building wall deviation for all buildings In
addition, applicant shall attempt to obtain a parking agreement for shared parking during off-
peak hours with the bank property across Zarthan Avenue
C Within 90 days, the City shall receive a final plat and final PUD application or the
preliminary plat and preliminary PUD shall become null and void
D Final plat and PUD approval and development is contingent upon developer meeting all
conditions of final approval including all MNDOT requirements
E Before a final plat is signed by the City, the developer shall comply with the following
requirements
1 Submit to the City a copy of owner's policy of title insurance which insures the City's
interest in the plat, in an amount to be determined by the City
Resolution No 00-060 -3-
2 A development agreement shall be executed or amended between the developer and the
City/EDA which covers at a minimum, sidewalk construction and maintenance, tree
replacement, repair and cleaning of public streets, and financing of the development's
share of required traffic improvements including a signal at 16th and Zarthan The
development agreement shall also cite the approved ordinance modifications
3 Submit financial security in the form of cash escrow or letter of credit in the amount of
125% of the costs of tree replacement, sidewalk installation, and repair/cleaning of
public streets
4 Draft easement agreement for shared parking between two hotel lots and bank
5 Execute formal agreement with City to allow park patrons to share on-site guest
parking for townhomes
6 Submit townhouse association by-laws and covenant documents, to be approved by the
City attorney
7 Submit copy of parking agreement with bank property, if obtained
8 Reimbursement of City attorney's fees in drafting/reviewing such documents
F Within 60 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 pnnt 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 any site work, the developer shall meet the following requirements
1 A drainage permit shall be obtained from MNDOT
2 A copy of the Watershed District permit shall be forwarded to the City
3 Any other necessary permits from other agencies shall be obtained
4 Sign assent form and official exhibits
5 Meet conditions of City signing final plat
H Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following
1 Meet any Fire Department emergency access requirements for during construction
2 The subdivider shall furnish the City with evidence of recording of the final plat and
parking easement agreement
3 Building materials samples to be submitted to and approved by City
I A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls
and building and sign setbacks as shown on the approved site plan are contingent upon final
PUD approval
J Should the Zoning Administrator determine that parking is a problem in the future, the City
may require proof of parking to be converted to parking
K The developer shall comply with the following conditions during construction
1 Construction vehicles shall be prohibited from using Zarthan Avenue south of W 16th
Street, Alabama Avenue, and Blackstone Avenue
2 All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p m and 7 a m
3 Loud equipment shall be kept as far as possible from residences at all times
Resolution No 00-060 -4-
4 The site shall be kept free of dust and debris that could blow onto neighboring
properties
5 Public streets shall be maintained free of dirt and shall be cleaned as necessary
6 The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties
L Six foot concrete sidewalks along the west side of Zarthan Avenue and the north side of
West 16th Street adjacent to the subject parcel are to be installed and maintained by the
developer per the approved preliminary site plan, unless the City chooses to install and/or
maintain the sidewalks
M A one acre neighborhood park is to be dedicated on the plat Developer shall also pay to the
City a cash fee of $13,040 67 as a park dedication fee
N The developer shall provide the required number of replacement trees on site or a
combination of on-site trees and cash in lieu of trees The Community Development
Director and Parks and Recreation Director shall approve the cash equivalent amount
Reviewed for Administration
Adopt9d-by-tkie City Council May 1, 2000
G
C ty Manager
Attest
•4.11tC;) . 0,04..........46m..
Cit " lerk
Mayor
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Resolution No. 00-060
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 1 (PAGE 1 OF 3)
Lot 1, Block 1, Slocum-Bergren Addition, except that part of said Lot 1 which lies Northerly of a
line run parallel with and distant 40 feet Southerly of the following described Line 1:
Line 1: Beginning at a point on the West line of Section 4, Township 117 North, Range 21 West,
distant 178.68 feet South of the West Quarter corner thereof; thence run Easterly at an angle of
101 degrees 53 minutes 14 seconds from said West section line (measured from North to East)
for 244.62 feet; thence deflect to the left on a tangential curve having a radius of 3274.04 feet
and a delta angle of 06 degrees 34 minutes 40 seconds for 375.87 feet; thence on tangent to said
curve for 344.23 feet; thence deflect to the left on a tangential curve having a radius cf 71C.2 __„
and a delta angle of 12 degrees 22 minutes 19 seconds for 154.65 feet; thence on a tangent to said
curve for 50.68 feet; thence deflect to the right on a tangential curve having a radius of 954.93
feet and a delta angle of 10 degrees 06 minutes 28 secnnds for 16,.46 feet; thence on tangent to
said curve for 82.44 feet and there terrriinating;
• Also except that part of said Lot 1 which lies Northeasterly of the following described line 2:
Line 2: Beginning at a point on Line 1 described above, distance 100 feet Westerly of its point of
termination, run Southerly at right angles to said Line 1 for 40 feet to the point of beginning of
the line to be described; thence run Southeasterly to the point of intersection of the Easterly line
of said Tract A with a line run parallel with and distant 45 feet Southerly of said Line 1 and there
terminating.
Torrens Property
Resolution No. 00-060
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 1 (PAGE 2 OF 3)
rarcel 1:
All that part of Government Lot 6, Section 4, Township 117 Nurth, Range 21 WeST of the
5th Principal Meridian, des abed as follows: Commencing at a point on the East line of said
Lot 6, distant 530 feet South from thc Northeast comer thereof, thence continuing South along
the East line of said Government Lot 6, 403.8 feet more or less, to a point 355.5 feet North of the
Southeast corner of Said Lot 6; thence West parallel to thc South line of said Government Lot 6,
33 feet to a Judicial Landman; thence continuing West parallel to said" South line 133 feet to a
Judicial LandmazlS thence South parallel to thc East line of said Government Lot 6, 87 feet to a
Judicial Landmark thence East parallel to the South line of said Government Lot 6, 133 feet to a
Judicial Landmark; thence continuing East parallel with said South line 33 fent to the East line of
said Government Lot 6; thence South along the East line of said Government Lot 6 to a point
126 feet North of the Southeast comer of said Government Lot 6; thence West parallel to the
South line of said Government Lot 6, 33 feet to a Judicial Landmark; thence continuing West
parallel with said South line to the Easterly line of the right of way of thc Minneapolis,
Northfield and Southern -Railway, said point being marked by a Judicial Landmarlq thence
Ncrrtheaatrx3y along said Easterly line of said right of way to the South line of U.S. LGghway
No. 12, said point being marked by a Judicial Laadmar3* thence Easterly along the South line of
said highway to a point 33 feet West of the East line of said Goverment Lot 6, said point being
marked by a Judicial Landmark; thence continuing Easterly along the South line of said highway,
33 feet to the East line of said Government Lot 6; thence South along said East line to the point
of beginning, except that part of said above described tract embraced within the plat of
Sloeuto Betgreu Addition, and except that part thereof which lies Westerly and Southerly of the
following described line: Beginning at a point in the South line of the above described property
therein distant 395 feet West elle Southeast comet thereof thence North parallel with the East
line of said Government Lot 6, a distance of 229.50 feet thence deflecting to the left"at an angle
of 64 degrees 23 minutes to the Easterly right of way line of the Minneapolis, Northfield and
South= Railway and there terminating.
Except that part which lies Northerly of Line 1 described below:
Line 1: Beginning at a point on the West line of the above described tract, distant 22 feet
Southwesterly of the North'xest come thereof, thence run Easterly to the point of intersection of
the West line of Slocum-Bergren Addition with a line parallel with and distant 26 feet Southerly
of Line 2 described below and there terminating.
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Resolution No. 00-060
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 1 (PAGE 3 OF 3)
Line 2: Beginning at a point nn the West line of said Section 4, distant 178.68 feet South of the
West Quarter comer thereat thence run Easterly at an angle of 101 degrees 53 minutes
14 srr.rmds from said Wet section line (measured from North to East) for 244.62 feet; thence
deflect to the left on a tangential curve having a radius of 3274.04 feet and a delta angle of
6 degrees 34 minutes 40 seconds for 375.87 feet thence on a tangent to said curve for
344.23 feet; thence deflect to the left on a tangential curve having a radius of 716.2 feet and a
delta angle of 12 degrees 22 minutes 19 seconds for 154.66 feet thence on tangent to said curve
for 136.58 feet and there terminating.
And excepting further that part which lies Northerly of Line A described below
Line A: Beginning at the Northwest comer of Tract 1 hereinbefore described; thence rim Easterly
to a point distant 40 feet Southerly (measured at right angles) of a point on Line 2 described in
said Tract 1, distant 170 feet Westerly of its point of termination; thence run Easterly parallel
• with said Line 2 for 70 feet and there teaninating
Parcel2:
That part of Government Lot 6, Section 4, Township 117, Range 21 described as beginning at a
point on the East line of said Goveuent Lot 6, distant 355.5 feet North of the Southeast corner
of said Government Lot 6; thence West parallel to the South line of said Government Lot 6 a
distance of 33 feet to a Judicial Land a& set pursuant to Toners Case No. 12106; thence
continuing West parallel to said South line a distance of 133 feet to a Judicial Landmark set
pursuant to Tourers Case No. 12106; thence South parallel to the East line of said Government
Lot 6 a distance of 87 feet to a Judicial Landmark set pursuant to Totten Case No. 12106;
thence East parallel to the South line of said Uovemment Lot 6 a distance of 133 feet to a
Judicial Landmark set pursuant to Tor rens Case No.12106; thence confirming East parallel with
said South line a distance of 33 feet to the East line of said Government Lot 6; thence North
along the East line of said Government Lot 6 a distance of 87 feet, more or less, to the point of
beginning.
Hennepin County, Minnesota
Tourers Property
Toners Certificate No. 824033
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Resolution No. 00-060
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 2
That part of Government Lot 6, Section 4, Township 117,
North Range 21, West of the 5th PM described as follows:
Comrencing.at the Southeast corner of said Government Lo'
6r thence West along the South line of said government
Lot 6, 159 feet to the actual paint of beginning of the
land tt be described; thence North and parallel to the -
East line of said Government Lot 6 a distance of 126 feet;
thence West and parallel to the South line of said Govern-
ment Lot 6 a distance of 75 feet; thence South and parallel
with the East line -of Government Lot 6, a distance of 126
feat; thence East along the South line of said Govern -int
Lot 6 a distance of 75 feet to the point of beginning,
according to Government Survey.
Abstract
PARCEL 3
Mast 60 feet of the East 47S feet of the South 126 feet of Government Lot 6, Section 4,
Township 117, North Range 21, Myst of the Stn Principal Meridian.
Abstract
PARCEL 4
All that part of Government Lot 6,,Section 4, Township 117 North, Range 21 West of the
5th Principal Meridian, deseribec7-as follows: Clommencing,at a point on the South
line of said Government Lot 6, 335.0 feet West of the Southeast corner thereof; thence
North parallel with the East line of said Government Lot 6, 126.0 feet; thence Wiest
parallel with the South line of said Goverment Lot 6, 60 feet; thence South parallel
with the East line of said Government Lot 6, 126.0 feet to the South line thereof;
thence East along South line of Government Lot 6, 60 feet to a point of beginning,
according to the United States Government Survey thereof, Bennepin County, Minnesota.
Abstract
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Resolution No. 00-060
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 5
That part of Government Lot 6, Section 4, Township 117, Range 21, Hennepin County,
Minnesota described as follows:
Commencing at the Southeast corner of said Government Lot'6; thence West along the
South line of said Government Lot 6, a distance of 234 -feet to the point of beginning
of land to be described; thence North and parallel with the East line of said
Gove ent Lot 6, a distance of 126 feet; thence West and parallel with the South
line of said Government Lot 6, a distance of 101 feet; thence South and parallel with
the East line of said Government Lot 6,_-a distance of 126 feet; thence East along the
South line of said Government Lot 6 to. the point of beginning.
That part of Government ho 1, Section 4, Township 117, Range 21, described, as
follows:
Commencing at the Southeast corner of said Government Lot 6, thence West along the
South line of said Government Lot 6, 159 feet; thence North parallel to the East line
of said Government Lot 6, 126 feet; thence East parallel to the South line 159 feet;
thence South parallel to the West line 126 feet to the actual point of beginning.
Abstract
PARCEL 6
That part of Goverment Ler 6. Section '., Township 117 North, C., .;;o 21 hasr.
describer. as follows:
Commencing at a point an the South line of sand Government Loc 6, Said
point distant 475 feat West of the Souchea.r corder thereof, thence
North parallel to the cast line of said Government Lot 6, a distance
of 126 feet, thence West parallel to the South Line of said Government
Lot b to the Easterly right of way L:ae of the Minneapolis, Northfield
and Southern Railway, said point being narked by a Judicial Landmark;
thence Southwesterly along said Easterly line of said right of way to
Che South line oz said Gover..nanc Lo: 6, thence East along said South
line to the point of beginning:
EXCEPTING THEREFROM: That part of said Government Lot 6, described as
commencing at a point is the South line cf said Government Lot 6, said
point distant 572.26 feet West of the Southeast corner thereof; thence
North and parallel to the east line of said Government Lot 6 a distance
of 126 fee:; chance West and parallel co the South line of said Govern -
mane Lot 6, a distance of 114.34 feet to the point of the beginning uf
the land herein to be conveyed; thence continuing Westerly along the
previously described lane a distance of 33.4 feet to the Easterly right
of way liae of the Minneapolis. Northfield and Southern Railway established
in a Deed of casement recorded an Rook 749 of Deeds Page 511; chance
Southwesterly at an annle to the left of 63 degrees and 52 minutes a
distance of 140.35 fee, to Che South line at said Government Lot 6;
thence Easterly along the South Line of said government Lot b a distance
of 33.4 feet; thence Nerthe-stcrly at an angi• "o the left of 63 degrees
and 52 minutes s distance et 140.35 feat to th. point if beginning.
EXCEPTING AND RPSERVING, unto M. W. r, CO., its successors and cssigns,
an easement for Railroad Snur Track purposes over, across and upon that
part of the above described Parcel One, said easement area lying Westerly
of the following described line:
Beginning st a point on the Easterly right of vay of the Minneapolis,
Northfield and Southern Railway, said paint being marked by Judicial
Landmark and beiug 140.29 feet Northerly of th. South Line cf Govern-
ment Lot 6, Section 4, Township 117 North, Range 21 West as measured
along said Earcerly right of war Line. thence Northeasterly in a
straight line a distance of 355 foot, more or less, to a point 12.10 feet
Easterly of said Easterly right of way line and on the Northerly lion
uf the property cone--od in said .artol One.
Abstract