Loading...
HomeMy WebLinkAbout01-079 - ADMIN Resolution - City Council - 2001/08/20• RESOLUTION NO. 01-079 Amends and Restates Resolutions 00-060, 00-075, 00-118, and 01-015 A RESOLUTION AMENDING RESOLUTION 01-015 APPROVED ON FEBRUARY 20, 2001 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 16TiI 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 IIIon 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 adopted Resolution No. 00-118 on September 18, 2000 approving 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, on January 11, 2001 an application was received for a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001 approving a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and Resolution No 01-079 -27 WHEREAS, on June 18, 2001 an application was received for a major amendment to the approved Planned Unit Development to add two townhomes onto an existing building, and WHEREAS, the Planning Commission held a public hearing, reviewed the amendment at its meeting of August 1, 2001 and recommended approval of the amendment on a vote of 5-1 with five members 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 Multiple Family Residential districts located at the Northwest quadrant of West 16`h 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 Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -39 -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 serious 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 File 01 -39 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. • • Resolution No. 01-079 -3- 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 matenals, 1 e brick, glass, Hardiplank and tock 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 matenal samples shall be submitted and approved Exhibits B and E are replaced by revised plat and plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits A, E and F are modified by revised site, grading and utility plans as approved on August 201 2001 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. 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 Recieation 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. Resolution No. 01-079 -4- 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. Prior 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 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. 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. A maximum of three 16 -unit townhouse buildings may obtain Certificates of Occupancy, provided other conditions are met, prior 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. (amended September 18, 2000) 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 trial basis as a Class II matenal and may be used as shown on the Official Exhibits. • • Resolution No. 01-079 -5- 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, 16`h Street roadway improvements and other improvements adjacent to 16`h 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 16`h 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. N The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on February 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Condition A is modified as noted above. 2. The materials for the retaining walls being constructed along West 16th Street shall be similar to the materials used on adjacent retaining walls along West 16th Street east of Zarthan Avenue. These materials shall be submitted and approved by the Zoning Administrator prior to the construction of the walls. O The developer shall pay an administrative fine of $750.00 per violation of any conditions set forth in this resolution. P. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Both CSM and Rottlund must sign the amended official exhibits and new assent form. 2. The developers shall install signs at each pioject entrance indicating the approved times for construction. 3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site supervisor's home telephone number 4. In the event that City staff determines that construction activity continues outside of approved hours, Rottlund shall piovidc an on-site night security guaid at Rottlund's expense, to ensure that such violations do not continue. 5 Conditions A and 0 are modified as noted above • 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. Resolution No. 01-079 Reviewe• for Administration: City Manager Attest: ity Clerk -6- Ado.. • . the City Ca- cil August 20, 2001 L Mayor • LEGAL DESCRIPTION PARCEL 1 (PAGE 1 OF 3) Resolution No. 01-079 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 secnon 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 CASE NO. 01 -39 -PUD • LEGAL DESCRIPTION PARCEL 1 (PAGE 2 OF 3) rarcel 1: All that part of Gvvcmment Lot 6, Scotian 4, Township 1.17 North, Range 21 West of the 5th Ptinc43a1 Meridian, descabed as follows: Commencing at a point on the East line of said Lot 6, distant 530 feet South from the Northeast comer thereat thence continuing Sauuh 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 comer of said Lot 6; th=ce West parallel to the South bine of bald Government Lot 6, 33 feet to a Judicial Laadma dq thence continuing West parallel to said' South line 133 feet to a Judic31 Landmark; thence South parallel to thc East lint of said Govcrnmcit Lot 6, S7 feet to a Iudiclal L am rnar*r•, thence East parallel to the South line of said Goverment Lot 6, 133 feet to a Judical Landmark; thence coign ni g East parallel with said South line 33 root. to the East line of said Government Lot 6; thence South along the East line of said Goverment Lot 6 to a point 126 feet North of the Southeast corn= of said Government Lot 6; tb.eace Wcst parallel to the South line of said Government Lot 6, 33 feet to a Judicial Landmark; thence continuing West parallel with said South lime to the Easterly line of the right of way of thc Minneapolis, •Northfield and Southeui Railway, said point being marked by a Judicial Landmati4 thence Nartheaatrriy along said Ezsteriy line of said right of way to the South line of U S ITghway No. 12, said paint being marked by a Judicial Landmaric thence Easterly along the South line of said highway to a point 13 fed West of the East line of said Govermmeat Lot 6, said point being madtd by a Judicial Landmarlc thence continuing Erste 1y along the South line of said highway, 33 feet to the East line of said Govetneient Lot 6; thence South along said East line to the point of beginning, except that part of said above descaled tract embraced within the plat of Slocum-Ber&ten Addition, and except that part thereof which lies Westerly and Southerly oldie following descnbcd line: Beginning at a point in the South line of the above desceibed property therein distant 395 feet West of the Southeast conte thereat thence North parallel with the East line of said Government Lot 6, a distance of 229.50 feet; thence defecting 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 an the West line oldie above desc:foed tract, distant 22 feet Southwesterly of the Northwest comer thereof thence run Easterly to the paint of intereectien of the West line of Slacura Bergren Addition with a line parallel with and distant 26 feet Southerly of Line 2 described below and there geminating. CASE NO 01 -39 -PUD • LEGAL DESCRIPTION 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 thereat thence run Easterly at an angle of 101 degrees 53 minutes 14 Sera -Inds from said Wmt section line (measured from North to East) for 244.62 feet thence deflect to the left an a tangential clave 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 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 feet thence on tangent to said curve for 136.58 feet and there aminating. And excepting further that part which lies Northerly of Line A described below: Line A: Beginning at the Northwest corner of Tract I 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 run Easterly parallel •with said Line 2 for 70 feet and there terminating; Parcel 2: That part of Govemmeut Lot 6, Section 4, Township 117, Range 21 described as beginning at a point on the East line of said Goven sent 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 Lariclmaric set purzuant to Totems 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 East line of said Government Lot 6 a distance of 87 feet to a Judicial Landma do set pursuant to Torrens Case No. 12106; thence East parallel to the South line of said Ciovemmcat 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 01 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. Hennepin County, Minnesota Torrens Property Torreas Certificate No. 324033 • CASE NO 01 -39 -PUD LEGAL DESCRIPTION PARCEL 2 That part of Government Lot 6, Section 4, Township 117, North Range 21, west of the 5th PM described as follows: Gomr•encing at the Southeast corner of said Government Lo' 6: thence west along the South line of said 3mvernment Lot 6, 159 feet tm the actual point of beginning of the land tt be described: thence North and parallel to the - East line of said +overnment 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 lineoof Government Lot 6, a distance of 126 feet: thence East along the South line of gait GovernmWht Lot 6 a distance of 75 feet tm the point 2f beginning, according to Government Survey. Abstract PARCEL 3 West a0 feet of the East 476 feet of the South 126 feet of Government Lot 6, Section 4, Tornehap 117, North Range 21, Mist of the 5th Principal Neridsan. Abstract PARCEL 4 All that part of Government Lot 6,.Sectlon 4, Township 117 North, Range 21 West of the 5th Principal p+dian, described -as follows: Cannemmdmgr at a point as 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 Gamma:went Lot 6, 126.0 feet; thence West parallel with the South Line of said Govesxment 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 Goverment Lot 6, 60 feet to a point of beginning, according to the Ltnited States Goverment Survey thereof, Hennepin Ctty• Minnesota- Abstract CASE NO. 01 -39 -PUD LEGAL DESCRIPTION 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 Lotr6; tiiehce 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 Gave 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 LoPi 0, 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 Thee part of Government Lcc 5, iee:aan ., Townshap 117 %orch. l'.,.;t 21 l+rse- describer. as fnila.s• Coemeretag at a point ac the South Line of sand Government Lac 6, said point distant 475 feet West of the Souchea•r =roar :hereof. thence North parallel to the Easc lane of sand Cav,r•ment Lot 6, a discaaca of 126 feet, cheoee West parallel to this Soutl, Line of said Government Loc b co the Easterly rtght of way !lee of the Minneapolis. Northfield and Southern Railway, said poanc eeang narked Sy a Judictal Landmark; thence Southwesterly along said Eaa:erty line of said right of way co aha South line or. sand Government Lo: 6, thence Eat: along sand South line co the point of beginning: EXCEPTING THEREFROM: Thae part of said Government Lot 6, described es cosmeneang at a point in chis South line cf said Government Lot 6, said point distant 572.26 feet Wosc of the Southeast corner thereof; thence North and parallel Co the East line of sate Government Lor 6 a distance of L26 feat; thence ':eat and parallel co the South line of said Govern- ment Lt 6, a distance of 114.34 fast co the peaat of the beginnaag of the land herein Cu be conveyed; :hence continuing Westerly along the pravtntsly described lane a dLsc4ece of 33.4 feet to the EaacerLy rtghc of way 'fee of the Minneapolis. Northfield and Southern Railway established Ln a Deed of easement ceeordee an Rook 749 of Deeds Page 511; chance Southwesterly at as anzle co the left of 63 degrees and 52 menu:as i distance of 140.35 fee, co the South line or. sate Government Loc 6; chance Easterly along cba South Line of said Gmrnment :not e a distance of 33.4 feet, thence Ncrthe-scerty ar an angl -a the Lefc of 63 degrees and 52 mtnuces s discance o: 140.35 Feet to eh. ;at= if beginning. EXCEPTING AND RPSERVIIYG, unto N. W. 7o CO., trs successors and cssLgrs, an easement far Railroad Sour Track purposes aver, eerows and upon chat part of the above described Parcel One, sate easement area lying Westerly of the following deser.b..d Line: Beginning sc a point on the Easterly right of way of Cha Mtnneepolts, Northfield and Southern Railway, said Faint being marked by Judicial Landmark and beteg 140.29 feet :Northerly of ch.. South line c: Govern- ment Lac 6, Section 4, Township 117 North, Range 21 West as measured along said Easterly right of w- Line: thence Northeasterly to a straight line a distance of 355 flet, Bore or Less, to a point 12.10 fecc Easterly of said Easterly right of way line and on the Northerly ling of the property canve^od an sate ?areal One. Abstract CASE NO. 01 -39 -PUD • • • m RESOLUTION NO. 01-079 3430563 0 Amends and Restates Resolutions 00-060, 00-075, 00-118, and 01-015 A RESOLUTION AMENDING RESOLUTION 01-015 APPROVED ON FEBRUARY 20, 2001 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 • Resolution No. 01-079 -2- 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 adopted Resolution No. 00-118 on September 18, 2000 approving 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, on January 11, 2001 an application was received for a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001 approving a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, on June 18, 2001 an application was received for a major amendment to the approved Planned Unit Development to add two townhomes onto an existing building, and WHEREAS, the Planning Commission held a public hearing, reviewed the amendment at its meeting of August 1, 2001 and recommended approval of the amendment on a vote of 5-1 with five members 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 1T 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 distncts 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 descnption as follows, to -wit: See Attached Legal Description Resolution No. 01-079 -3- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -39 -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 detnmental 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 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 01 -39 -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 materials, i.e. brick, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the townhouses and bnck 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 on September 18, 2000. Exhibits E and F are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits A, E and F are modified by revised site, grading and utility plans as approved on August 20,, 2001. 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. Resolution No. 01-079 -4- 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. 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 capper 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. Prior 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 perniit(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. Resolution No. 01-079 -5- • 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. 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. A maximum of three 16-unit townhouse buildings may obtain Certificates of Occupancy, provided other conditions are met, prior 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. (amended • September 18, 2000) 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 during off-peak hours with the bank across Zarthan Avenue as overflow parking for the hotels. L. Hardiplank is approved for this development on a trial 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 Resolution No. 01-079 -6- 410) 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 pnvate property. N. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on February 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Condition A is modified as noted above. 2. The materials for the retaining walls being constructed along West 16th Street shall be similar to the materials used on adjacent retaining walls along West 16th Street east of Zarthan Avenue. These materials shall be submitted and approved by the Zoning Administrator prior to the construction of the walls. O. The developer shall pay an administrative fine of $750.00 per violation of any conditions set forth in this resolution. P. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Both CSM and Rottlund must sign the amended official exhibits and new assent form. 2. The developers shall install signs at each project entrance indicating the approved times for construction. 3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site supervisor's home telephone number. 4. In the event that City staff determines that construction activity continues outside of approved hours, Rottlund shall provide an on-site night security guard at Rottlund's expense, to ensure that such violations do not continue. 5. Conditions A and 0 are modified as noted above. • • STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 01-079 adopted at the St. Louis Park City Council meeting held on August 20, 2001. WITNESS my hand and the Seal ity of St. Louis Park this 28th day of August, 2001. -)14,11 0/ b Nancy J. Stroth,lDeputy City Clerk EXHIBIT A Lots 1 and 2, Block 1, Pointe West Commons One and Lots 1, 2, 3, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Outlot A and Outlot B, Pointe West Commons Two.