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HomeMy WebLinkAbout00-075 - ADMIN Resolution - City Council - 2000/06/19RESOLUTION NO. 00-075 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 AND R-4 MILTIPLE FAMILY RESIDENTIAL LOCATED AT NORTHWEST QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE AND FINAL PLAT — POINTEWEST COMMONS ONE AND TWO WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on May 1, 2000 Resolution No. 00-060; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Pointe West Commons One and Two was received on May 22, 2000 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Plat at its meeting of June 7, 2000, and WHEREAS, the Planning Commission recommended approval of the Final 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 appeanng 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 Multiple Family Residential districts located at the Northwest quadrant of West 16th 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 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; for the legal description as follows, to -wit: See Attached Legal Descnption 2 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. Resolution No. 00-075 -2- 3. The City Council has determined that the PUD and Plat will not be detnmental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause senous traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD and Plat 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 Files 00-14-S and 00 -15 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case Conclusion The Final Planned Unit Development and Final Plat at the location descnbed 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 M. Exhibit L, building elevations shall be revised to show only approved materials, 1 e. bnck, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the townhouses and brick and rock face block on side townhouse elevations. Exhibit E, grading plan shall be subject to further refinements on the park site as approved by Public Works and Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct number of existing trees on site and trees to be removed. Exhibit M, building material samples shall be submitted and approved B Final plat and PUD approval and development is contingent upon developer meeting all conditions of final approval including all MNDOT requirements. C Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Building elevations to be revised as stated above. 2. 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. 3. A development agreement shall be executed or amended between the developer and the City/EDA which covers at a minimum, dedication of Outlot A, Pointe West Commons Two, as City park land, grading of the park, cash in -lieu of additional park and trail dedication, realignment of Zarthan Avenue and installation of a traffic signal at 16th Street and Zarthan Avenue, conditions under which site work may occur and/or building permits be issued for hotels and townhouse site, sidewalk construction and maintenance, tree replacement, and repair and cleaning of public streets. The development agreement shall also cite the approved ordinance modifications. 4. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of on-site tree replacement, public sidewalk installation, utility repair, and repair/cleaning of public streets. 5. Execute formal agreement with City to allow park patrons to share on-site guest parking for townhomes. 6. Submit cross -easement agreement(s) for shared parking between the two hotels and the townhomes, to be approved by City attorney. 7. Submit townhouse association by-laws and covenant documents, to be approved by the City attorney. Resolution No. 00-075 -3- 8. Subrrut cash in lieu of on-site tree replacement to the City. The exact amount shall be determined by the number of off-site tree replacement inches required and shall be approved by the Park and Recreation Director and the Community Development Director, based upon a rate of $60 per caliper inch. 9. Submit cash reimbursement of City attorney's fees in drafting/reviewing such documents. 10. Submit cash park and trail dedication fee of $13,040.67. D. Within 90 days of final plat approval by the City Council, the subdivider shall record the final plat and easements with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat and copies of easement documents showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. E. Pnor to any site work, the developer and property owner(s) shall meet the following requirements: 1. A drainage permit shall be obtained from MNDOT, if required. 2. A copy of the Watershed Distnct permit(s) shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and all official exhibits, as approved by the City. 5. Meet conditions of City signing final plat. 6. Meet any other conditions as required by the Development Agreement. F. 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. 4. The site shall be kept free of dust and debns 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. G 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 having submitted the final plat and cross -parking easement agreement for recording. 3. Lighting plans to be submitted to and approved by the Zoning Administrator for the entire development. Lighting design is to be compatible throughout the development, and shall meet all City standards. 4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit is required). 5. Meet any other conditions as required by the Development Agreement. H. Pnor to issuance of any occupancy permits for the townhomes, Zarthan Avenue shall be realigned and a traffic signal shall be operational at Zarthan Avenue and 16th Street. 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. Resolution No. 00-075 -3- K. The developer shall attempt to obtain a written agreement to share parking dunng off-peak hours with the bank across Zarthan Avenue as overflow parking for the hotels. L. Hardiplank is approved for this development on a tnal basis as a Class II material and may be used as shown on the Official Exhibits. Reviewed for Administration: by the City Council June 19, 2000 City Manager Attest: it • • • Resolution No. 00-075 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 Secnon 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 of 716.2 feet 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 seconds for 168.46 feet; thence on tangent to said curve for 82.44 feet and there terminating; 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. 00-075 LEGAL DESCRIPTION CASE NOS. 00-14-S AND 00 -15 -PUD PARCEL 1 (PAGE 2 OF 3) Parcel 1: A11 dun pert of Government Lot 6, Section 4, Township 117 North, Range 21 West of the 5th Principal Meridian, d=cabed as follows- Commencing at a point on the East line of said Lot 6, distant 530 feet South from thc Northeast comes 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 the South line of said Gvver = Lot 6, 33 feet to a Judicial Landmark thence continuing West parallel to said South line 133 feet to a Judicial Landmark thence South parallel to thc East lint of said Govcmmeut Lot 6, 37 feet to a. Judicial Landmark thence East parallel to the South line of said Government Lot 6, 133 feet to a Judical Landmark; thence eont;Tn g East parallel with said South line 33 feet to the East line of said Gove:rimeut Lot 6; thence South along the East line of said Government Lot 6 to a point 126 feet North of the Southeast come of said Government Lot 6; thence West parallel to the South line of said Government Lot 6, 33 fe t 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 Landmark thence Northeaatrxiy along said E steely line of said right of way to the South lint of U.S. LGghway No. 12, said point being marked by a Judicial Landmark thence Easterly along the South line of said highway to a paint 13 feet West of the East line of said Government 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 lime of said Gove:ament Lot 6; thence South along said East line to the point of begiIIning, except that part of said above described tract embraced within the plat of Slocum- Bergrea Addition. and except that part theof which lies Westerly and Southerly of the following described line: Beginning at a point in. the South line of the above descnbed property therm distant 395 fret Wept elle Southeast coater there thence North parallel with the East Line of said Government Lc't 6, a distance of 229.50 f= thence defecting to the left at as angle of 64 deg ees 23 minutes to the Easte:iy right of way line of the Minneapolis, Northfield and Southey Railway and there t*�rn noting. Except that part which lies Northerly int -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 Northwest comer thereof, them run Easterly to the point of inter tion of the West line of Slocum Bergre:n Addition with a line parallel with and distant 26 feet Southerly of Line 2 descabed below and there t= mating. Resolution No. 00-075 LEGAL DESCRIPTION CASE NOS. 00-14-S AND 00 -15 -PUD PARCEL 1 (PAGE 3 OF 3) Line 2: Beginning at a paint on the West line of said Section 4, distant 178.68 feet South of the West Quarter comer thereof; thence run Easterly at an angle of 101 degrees 53 minutes 14 sex -rinds from said Wit section line (measured from North to East) far 244.62 feet; thence deflect m the left an a tangential curve having a radius of 3274.04 feet and a delta angle of 6 degrees 34 minutes140 seconds for 375.87 feet; thence on a tangent to said curve far 34423 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 minntes 19 seconds for 154.66 feat; thence on tangent to said curve for 136.58 feet and there ne minting. And excepting further that part which lies Northerly of Line A described below: Line A: Beginning at the Northwest corner of Tract 1 hereinbefore described; thence run Easterly to a point distant 40 feet Southerly (measured at nght angles) of a point on Line 2 described in said Tract 1, distant 170 feet Westerly of its paint of term inat on; thence ram Easterly parallel with said Line 2 for 70 feet and there terminating; . Parcel 2: Mat part of Government Lot 6, Secdon 4, Township 117, Range 21 described as beginning at a point on the East line of said Government Lot 6, distant 355.5 feet North of the Southeast comer of said Government Lot 6; thence West parallel to the South line of said Government Lot 6 a distance of 33 fret to a Judicial Landmar r set pursuant to Tonens Case No. 12106; thence confirming West parallel to said South line a distance of 133 feet to a Judicial Landmark set pursuant to Totreas Case No. 12106; thence South parallel to the East line of said Govermnent Lot 6 a distance of 87 feet to a Judicial Landmadt set pursuant to Toucans Case No. 12106; thence East parallel to the South line of said (iovemment Lot 6 a distance of 133 feet to a Judicial Landmark set pursuant to Tonens Case No. 12106; thence rnnrimnng 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 37 feet, more or less, to the point of beginning. .he n3epin County, Minnesota Torreas Property '1 oazas C=titcare No. 824033 Resolution No. 00-075 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 PW described as follows: Commencing at the Southeast corner of said Government to' 6: thence West along the South line of said 7rovernment Lot 6, 159 feet to the actual point of beginning of the land ti be described: thence North and parallel to the - East line of said lovarnment 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 feet: thence Last along the South line of said. Government Lot b a distance of 75 feet to the point of beginning, according to Government Survey. Abstract PARCEL 3 Nese BO feet of the Rase 47S feet of the South 126 feet of Government Lot 6, Section 4, Tornstup 117, North Range 21. Meet of thin 5th Principal Meridian. Abstract PARCEL 4 All that part of Gave Lot 6,,Sectsnn 4, 'lbwnship 117 North, Range t2l1ieSstth the 5th Principal Meridian, described -as follows: at a pmt line of said Government Lot 6, 335.0 feet west of the Sohxthaast corner ; thence North parallelwith the Fast line of said Lot 6, 126.0 feet: thence West parallel with the South Line of said Government Lot 6, 60 feet; thence South parallel with the East line of said Gave bment Lot 6, 126.0 feet to the South line thereof; thence Fast along South line of Gowsrment Lot 6, 60 feet to a point of beginning, according to the United States Govecrosht Survey thereof, Hennepin qty, Minnesota. Abstract Resolution No. 00-075 • LEGAL DESCRIPTION CASE NOS. 00-14-5 AND 00 -15 -PUD • PARCEL 5 That part of Government Lot 6, Section 4, Township 11T, 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 Gaveent 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 Goverment Lot 6,„-a distance of 126 feet; thence East along the South line of said Government Lot 6 t. the point of beginning. That part of Government follows: 6, Section 4, Township 117, Range 21, described, as 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 pact of Coverer -ant Lac 5, iacczort ., Township 117 '.arch, 2L lkesc. described as follows: Commencing at a poiac in tho South LLne of said Covernneec Luc b, said point distant 475 faec West of Che Scuthea.r corner thereof, cheoce North paralleL co the Easc lace of said Government Lac 6, a dietetic./ of 126 feet, thence W.ac ?aminal to the Soucl. Line oC aald Government Lae a Co the Easterly rtgh: of vay lase of the Minosapolis, NorthfidLd and Southern Railway, amid poanc oeang marked by a Judicial Landmark.; thence Southwesterly along said Ewa:arty line of said right of way cu aha South Line O: said Government !.o: 5. thence Sas: along said South lice to the poise of o.,ganaiag: ERCEPTING THEREFROM: That part of said Goverment Lot 6, described as commencing at a point in the South line cf said Government Lot 6, said rein: dtstanc 572.26 feet 'Jost of cl•e Southeast corner thereof; thence !forth and parallel Co :he East line of said Cover:meat Lar 6 a distance of L25 fan:: thence West and parallel co the South Line of said Govern - mane Loc 5, a dimcanee of 1l=.3:. fact co me point of :he beginning of the Land herein Co be tanveyed; :lienee continuing Westerly along the provtnesly described Lane a distance of 33.4 feet co the Easterly rtghe of .ay 'foe of the MinneapoLLs, Northfield and Southern Railway established La a Deed of easement recorded is gook 749 of Deeds Page 511; thenen Southwesterly at as an;le co the left of 63 degrees and 52 mantas i distance of 140.35 fie. co the Soucn .int of /aid Government Loc 5; thence Easterly along :ha South Line of said r,vernesfnt Loc b a distance of 33.4 feet, thence Nertre-sccrly, or an aagl -o :he left of 63 degrees and 52 minutes a distance of 140.35 feet co :h. ;et= +f beginning. EXCEPTING AAD 7FSERV NG, unto M. u. 7. CO., its successors and assigns. an easement for Railroad Snu: Track purposes over, across and upon that part of the above described "areal One, said eadensee area lying Wes:arly of chs foLlowtag descrtb.d Lane: 3eginaing sc a point on :tic Easterly right of way of the Minneapolis, Northfield and Souther :Railway, said paint being narked by Judicial Landmark and betug 140.29 feet Northerly of clan South LLne cff Govero- menc lac 6, Section 4, Township 117 North, Range 21 West as measured along said Easterly right of w•- Line. chance Northeasterly in a straight LLne a distance of 355 feet, sore or Lass, to a pntnt 12.10 feet Easterly of said ?oacerly right of way lana and on the Northerly Liaa of the property :Dave—ed in said darcol One. Abstract C • OFFICE OF THE REGISTRAf3 OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FIELD ON JAN 2 2 2001 q=30P,„) REGISTRAR OF TITLES BY DEPUTY • •