HomeMy WebLinkAbout00-118 - ADMIN Resolution - City Council - 2000/09/18RESOLUTION NO. 00-118
Amends Resolutions 00-060 and 00-075
A RESOLUTION AMENDING RESOLUTION 00-075 APPROVED ON JUNE 19, 2000
• APPROVING 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 — POINTE WEST 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 adopted Resolution No. 00-075 on June 19, 2000
approving the Final PUD and Final Plat — Pointe West Commons One and Two, and
WHEREAS, on August 7, 2000 an application was received for an amendment to the
preliminary and final plat for Pointe West commons One and Two and a major amendment to the
approved Planned Unit Development, and
WHEREAS, the Planning Commission held a public heanng, reviewed the amendments
at its meeting of September 6, 2000 and recommended approval of amendments on a vote of 6-0
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 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;
Resolution No. 00-118 -2-
for the legal descnption 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.
3. 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 senous traffic congestion nor hazards, nor will it senously 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 hearing record and the record of decision for this case.
Conclusion
The Final Planned Unit Development and Final Plat 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 M. Exhibit L, building elevations shall be revised to show only approved matenals,
i e. brick, 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. Exhibits B and E are replaced by revised plat and
plans per the approved plat and PUD amendments.
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.
Resolution No. 00-118 -3-
4. Submit financial secunty 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.
8. Submit 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 pnnt 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 dunng 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 neighbonng
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 Pnor 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 dunng 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.
Resolution No 00-118 -4-
H. A maximum of three 16 -unit townhouse buildings may obtain Certificates of Occupancy,
provided other conditions are met, pnor to the completion of the Zarthan Avenue
realignment and the traffic signal becoming operational at Zarthan Avenue and 16th Street.
Residents' access to said townhomes shall be via 16th Street until the realignment of Zarthan
Avenue is complete unless flag people are directing traffic on Zarthan Avenue.
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 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.
M. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final
Planned Unit Development shall be amended on September 18, 2000 to incorporate all of the
preceding conditions and add the following conditions.
1. Conditions A and H are modified as noted above.
2. If the CP Rail parcel does not become part of the publicly owned park, the developer
shall pay an additional $28,000 in park dedication fees to the City.
3. Construction vehicles shall be prohibited from using 16th Street except for construction
related to the park, 16th Street roadway improvements and other improvements adjacent
to 16th St (e.g. sidewalks). The developer shall observe all local and state weight
restrictions on roads within the City. Construction vehicles shall be permitted to use the
townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and
southbound Zarthan Avenue and westbound 16th Street in accordance with the MN
Manual on Uniform Traffic Control Devices, to be approved by the Public Works
Department. If the City determines that construction activity is causing traffic conflicts,
it may require the developer to provide flag people to facilitate safe traffic on the adjacent
roads.
4. If the property is part of the Parade of Homes prior to realignment of Zarthan Avenue,
flag people shall be required to direct Parade traffic to and from the Zarthan Avenue
entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking
cannot be accommodated on site, or is interfering with fire lanes, traffic circulation, etc.,
the Zoning Administrator may require the developer to provide alternative parking on
nearby private property
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Adopted by,the City Council September 18, 2000
Revied for Administration:
City Manager
Attest.
f ' -
// /Mayr
Resolution No. 00-118
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 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. 00-118
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 1 (PAGE 2 OF 3)
Parcel 1:
All that part of Government Lot 6, Scction 4, Township 117 North, Range 21 West of the
5th Principal Meridian, described as follows: Commencing at a point on the East line of said
Lot 6, distant 530 feet South from thc Northeast comer thereat thence coutiuuing South along
the East line of said Government T of 6, 403.5 feet more or less, to a point 355.5 feet North of the
Southeast comer of said Lot 6; thence West parallel to thc South line of baicl Gus' mmeat Lot 6,
33 feet to a Judicial Landmark; thence continuing West parallel to said South lime 133 feet to a
Judicial Landmariq 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 cont+r+,ling East parallel with said South line 33 feat 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 Govemmeat 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
NcsrtheaaterJy along said Easterly line of said right of way to the South line of U.S. J ghway
No. 12, said point being marked by a Judicial Lance thence Easterly along the South line of
said highway to a point 13 feet West of the East line of said Government Lot 6, said point being
marked by a Judicial Lancirnark; thence continuing Easterly along the South line of said highway,
33 feet to the East line of said Government Lot 6; thence South along eaid Exist line to the point
of beginning, except that part of said above described tract embraced within the plat of
Slocum Bergrea Addition, and except that part thereof which lies Westerly and Southerly of the
following described line: Beginning ning at a point in the South line of the above described property
therein distant 395 feet West of the Southeast corner 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 tc, the Easterly right of way line of the Minneapolis, Northfield and
Southern Railway and there term;nating.
Except that part which lies Northerly of Linc 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 coma 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. 00-118
LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
PARCEL 1 (PAGE 3 OF 3)
Line 2: Beginning at a Point 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 seconds from said West section line (measured from North to East) far 244.62 feet; thence
deflect to the left on a tangential curve having a radius df 3274.04 feet and a delta angle of
6 degrees 34 minutes 40 seconds far 375.87 fee 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 an 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 run 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 rim Easterly parallel
• with said Line 2 for 70 feet and there terminating
. Parcel 2:
That part of Government Lot 6, Section 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 feet to a Judicial. Lancimaes set pursuant to Torrens Case No. 12106; thence
continuing West parallel to said South line a distance of 133 feet to a Judicial Landmark set
pursuant to Torrens Case No. 12106; thence South parallel to the hast line of said Government
Lot 6 a distance of 87 feet to a Judicial Landmark sot pursuant to Torrens Case No. 12106;
thence East parallel to the South line of said Government Lot 6 a distance of 133 feet to a
Judicial Landmark set pursuant to Torrens Case No. 12106; thence continuing 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
Torrens Property
Torrcns Certificate No. 824033
Resolution No. 00-118
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:
Comr•encing at the Southeast corner of said Government Lo'
6: thence West along the South line of said 'rovernment
Lot 6, 159 feat to the actual point of beginning of the
land t. 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
feet: thence East 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
Meat 80 feet of the East 47S feet of the South 126 feet of Government Lot 6, Section 4,
Townshap 117, North Range 21, West of the Sth Principal Meridian.
Abstract
PARCEL 4
All that part of Goverment Lot 6,.Section 4, Township 117 North, Range 21 West of the
5th Principal Meridian, described -as follows- Commencing 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 Fast line of said Government Lot 6, 126.0 feet; thence West
parallel with.the South line of said Government Lot 6, 60 feet; thence South parallel
with the Fast line of said Government Lot 6, 126.0 feet to the South line thereof;
thence Fast along South line of Government Lot 6, 60 feet to a point of beginning,
according to the United States Goverment Survey thereof, Hennepin County, Minnesota.
Abstract
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LEGAL DESCRIPTION
CASE NOS. 00-14-S AND 00 -15 -PUD
ResolutionNo. 00-118
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 •.e land to be described; thence North and parallel with the East line of said
Gove .sent 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 tb the point of beginning.
That part of Government 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 Government Let h, Section 4, Iownshap 117 `.orth, C".,;i• 21 Beer.
describes as follows:
("amending at a point in tha South Line of sand Government Loc 6, said
poLac distant 475 feat vest of the Souchea+r corder thereof, thence
North parallel co the East line of said Government Lot 6, a diataace
of 126 feec, thence ;est parallel to chs South line of said Government
Lac b to the Easterly right of way Line of chs Minneapolis. Northfield
and Southern Railway, said point mein marled by a Judicial L.andmarL;
thence Southwesterly along said Eas:erly line of said right of way co
the South Line of said Cover -sent La: 6, thence East along said South
Line to the point of beginning;
EXCEPTING THEREFROM: Iliac par: of said Government Lot 6, described as
commencing at a pofat in the South line cf said Government Lot 6, said
pole: distant 572.26 feet Wesc of cI•e Southeast corner thereof; thence
North,and parallel to the East line of said Government Loc 6 a distance
of L26 fuer; thence Jest and parallel co the Couch line of said Govern-
maat Last 5, a distance of 114.34 feet co the point of the beginning of
the land hecein to be conveyed; :hence continuing Westerly along the
provim.sly described lane a distance of 33.4 feet to the Eascerly right
of way line of the Minneapolis. Northfield and Southern Railway established
Ln a Deed of easement cccordee in Book 749 of Deeds Page 511.; thence
Southwesterly at an an„le co the left of 63 degrees and 52 minu_es i
dtstance of 140.35 fee, co the South line of said Government Loc 6;
chance Easterly along the Souch line of said r,versusent Loc b e distance
of 33.4 feet, thence Nerthe-stcrly at an engl •o the left of 63 degrees
and 52 minutes a distance of 140.35 (eat co ch. Joint if beginning.
EXCEPTING AFD iPSERYI!(C, unto M. W. F. CO., its successors and assigns,
an easement for Railroad Snur Track purposes over, across and upon that
part of the above described Parcel One, said easemeac area lying Westerly
of the follswing describ.d line:
Beginning sr a point on the Easterly right of way of the Minneapolis.
Northfield and Souther= Railway, said Faint being marked by Judicial
Landmark and being 140.29 feet Northerly of the. South Line cE Ge vern-
ment Lac 6, Section 4, Township 11.7 North, Range 21 West as measured
along said Easterly right of wa•• Iine: thence Northeasterly in a
straight line a distance of 355 feet, more or leas, to a point 12.10 feet
Easterly of said Eaacerty right of way line and on the Northerly line
of the property conve-•ed in said cartel One.
Abstract