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HomeMy WebLinkAbout01-090 - ADMIN Resolution - City Council - 2001/09/04• • RESOLUTION NO. 01-090 Amends and Restates Resolution No. 01-065 A RESOLUTION AMENDING RESOLUTION 01-065 ADOPTED ON JULY 23, 2001 APPROVING A FINAL PLAT - PARK COMMONS EAST WHEREAS, the City Council approved the Preliminary Plat on June 4, 2001, Resolution No. 01-049; and WHEREAS, an application for approval of a Final Plat for Park Commons East was received on January 16, 2001 (accepted as complete application on May 9, 2001) from the applicant, and WHEREAS, the Planning Commission reviewed the Final Plat at the meeting of July 11, 2001, and WHEREAS, the Planning Commission recommended approval of the Final Plat on a 6- 0 vote with all members present voting in the affirmative, and WHEREAS, the City Council approved the Final Plat for Park Commons East on July 23, 2001, Resolution 01-065, 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. TOLD Development Company , and the City of St. Louis Park, owners and subdividers of the land proposed to be platted as Park Commons East 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. 01-06-S) and the effect of the proposed 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 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 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) Resolution No. 01-090 -2- 4. The contents of Planning Case File 01-06-S are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Plat at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used, and maintained in conformance with the Final PUD official exhibits, which may be amended according to the provisions of the planning contract between TOLD and the City of St. Louis Park and to meet the conditions of Final PUD approval. The Final Plat shall be amended pnor to recording to change the name of the north -south town green streets to "Grand Way" and to keep the current name of 38`h/39`h Street. 2. Outlots A, B and C of the Park Commons East Final Plat shall be retained by the City of St. Louis Park for public purposes. 3. Future phases shown as Outlots D, E, F, G, H, and I on the Park Commons East Final Plat must receive subsequent preliminary and final PUD and plat approval, including approval of condominium lots, prior to construction of any permanent improvements on those properties Interim parking and transit facilities are permitted on Outlots D, E, F, G, H, and I provided City approval is obtained and any necessary access easements or agreements are executed. 4. All street right-of-way (R.O.W.) shall be dedicated to the City or Hennepin County as shown on the Park Commons East Final Plat, an ordinance vacating existing City streets, an alley, and an existing sidewalk easement along Excelsior Boulevard shall become effective upon recording of the Final Plat. 5. Prior to the City signing the Final Plat- a. A sidewalk easement shall be executed which retains that portion of the developable lot between the building face and public right-of-way for public sidewalk purposes. b A planning contract shall be executed between the City and developer which addresses at a minimum: final plat/PUD and construction phasing; interim use and maintenance plans for future phase outlots, construction of permanent public improvements and temporary sidewalks, provisions for ensuring adequate parking, conditions for administrative approval of amendments to the official exhibits, terms for meeting tree replacement requirements. 6. The Park Commons East Final Plat approval includes the following variances to the Subdivision Ordinance: a Street right-of-way and street sections shall be as shown on the approved final plat; street names may include the word "park" subject to final plat and PUD approval. b. Drainage and utility easements shall not be required around the perimeter of all lots. c. Lots sizes in future phases may be less than the "R -C" Zoning District requirement subject to any conditions of subsequent preliminary and final PUD/Plat approval. 7. The developer is required to comply with all provisions of the planning contract, development agreement with the EDA, Metropolitan Council LCDA grant agreement(s), MPCA and Watershed District approvals 8. Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract: a. construction of all streets, on -street parking, and utilities, within the entire PUD area. b. completion of streetscape improvements, including bicycle and transit amenities, adjacent to all Phase 1 properties and Wolfe Park. Resolution No. 01-090 -3- c. construction of temporary bituminous sidewalks in accordance with a plan approved by the Zoning Administrator. d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, plantings and streetscape subject to approved final plans. e. construction of the entire town green from Excelsior Boulevard to Wolfe Park in accordance with approved final town green plans with temporary sidewalks north of 38`"/39`" until permanent sidewalks/stieetscape aie completed during construction of each future phase. f. construction of the Phase 1 public paiking ramps in accordance with approved final plans g. construction of the police substation and public restrooms in accordance with approved final plans. h construction of traffic improvements and installation of traffic control and directional signage in accordance with approved final plans. 1. construction of 18 project -based two-bedroom Section 8 units in accordance with public housing agreements. 9. Prior to any site work other than demolition for Park Commons East Phase One: a. the Final Plat and PUD for Phase 1 shall be approved and the Final Plat shall be signed by the City. b final construction documents for public infrastructure (street, underground utilities; not streetscape) improvements shall be approved by the Public Works Director. c. required erosion control permits, utility permits, and other required permits shall be obtained from the City, Hennepin County, Watershed Distnct and any other required agencies d the MPCA shall be informed of the plans to regradc the southern portion of Wolfe Park and approval shall be received pnor to regrading the park, if needed. e. a final tree preservation plan shall be approved by the Zoning Administrator and any necessary construction fencing shall be in place. f. plans for maintaining access to existing private condominium parking dunng construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. Pnor to issuance of any building permits, which may impose additional conditions: a Evidence of recording the final plat, easements, and planning contract shall be submitted to the City b the Indirect Souice Permit shall be approved by the MPCA, if necessary. c A lighting and photometric plan shall be approved by the Zoning Administrator. d. An irrigation plan shall be approved by the Zoning Administrator. e. Exterior building material/colors shali be approved by the Zoning Administrator. f Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 11. Future phases of the Final Plat and PUD are approved in general concept only and subject to the following conditions of approval: a. All future phases are required to apply for subsequent Preliminary and Final Plat and PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed dunng construction of each future phase. Resolution No. 01-090 -4- c. A minimum of 35 stacked townhomes for owner -occupants shall be included in Future Phase E and/or Future Phase NE; additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropnate, including potential transit and parking uses. e Variances to the 80 feet minimum lot width of the "R -C" District may be approved subject to Preliminary and Final Plat and PUD approvals. f. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. g. Approval for construction of future phases is contingent upon provision of adequate parking, which may include interim parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses. 12. Pnor to execution of the Final Plat for each subsequent phase: a. preliminary and final plat/PUD approval shall be obtained for that phase. b. the existing development agreement shall be amended as necessary and a new planning contract shall be executed between the developer and City/EDA. c. public sidewalk easements shall be approved by the City Attorney for those areas of private development lots between the public street and building setback. 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. Reviewed for Administration: A y the ity Council September 4, 2001 Ma Attest: PARCEL 1 RESOLUTION 01-090 Lot 31 Block 3 M,n,kanda v,sto Second Addition Henn.o.n County according 10 the plot thereof on file or of record in the Office of the Register of Deeds ,n and for said County PARCEL 2 LOIS 9 10 and 11 Block s M,n,kohdo V.sta 2nd Addition except the Southeasterly 17 feet of Lols 9 and 10 Block 4 as token for highway purposes PARCEL 3 Lots 5 and 6 Block 8 M,n,k0ndo Vista 2nd Addition Hennepin County,- according to the plat Ihereol on file or of record in the office of the Register of Deeds .n and for sad County PARCEL 4 Tract C Registered Land Survey No 2. Files o1 the Registrar of files County of Hennepin PARCEL 5 Block 6 together w,th that portion oI the vocoled street lying between Blocks 6 and 7 and between extensions ocross so,d street of the Northwesterly I,n. and the Southerly tine 01 sold Blocks 6 and 7 and lying West of the center Inc of said vacated street, "M,n,kanda Vista 2nd Addition Hennean County according •o the plat thereol on file Or 01 record ,n the office of the Register of Deeds ,n and for said County PARCEL 6 Lot 3 Block 8 M,n,kohdo Vista 2nd Addition Hennepin County PARCEL 7 That port of Lot 1 Block 4 M,Ihkohdo V,sto 2nd 411011,00 lying South of 0 line parallel 10 and thirty—Three (33) feel Northwesterly from measured perpendicular to the Southeast tine of said Lot 1 and lying west of 0 Inc parallel to and 103 0 feet Southwesterly from measured perpendicular to the Northeast line of said Lot 1 according to the recorded plot thereof and situate in Henneo,n County Minnesota AND Lot 13 Block 4. M,n,kohaa V1sta 2nd Addition except 11101 part of Lot 13, Block 4 M,n.konda vista Second Addition described as follows Commencing at the Northwest corner of Lot 13 thence South along the West line distance of forty (40) feel thence Northeasterly to a point On the North InciOI Lot 13 t0 a pant ninety—five (95) feel East of the po5l of beginning thence West along INC North Inciof Lot 13 to the 50,nl 01 beginning according to the recorded plot thereof and situate ,n Hennepin County Minnesota AND Lots 2 3 4 12 and the Easterly 1/2 of Lot 5, That part of Lot 14 lying Southerly of o line drown from o point on the South Zine of said Lot 14 distant 95 feel Easterly from the Souln■est corner of said Lot 14 to a paint on the Easterly bne of said Lot 14 distant 20 feet Northwesterly of the Southeast corner thereof all ,n BIOCk 4 'M1n,kohdo VTsto 2nd Add.l,on Henneo.n County " according to In. plot Ihereol on file or of record .n the office of the Register of Deeds ,n and for said County Together with an easement across the boulevards and sidewalk ,n Iront Of the Westerly 25 feet 01 said Lot 5 as shown in Deed Document No 384774 Files of Registrar of Titles ANO Westerly 1/2 al _Lot 5 and All of Lots 6 7 and 9 Block 4 "M,n,kanda `Isla 2nd Add.t,on Henneo,n County occord,ng l0 the plot thereof on file or of record .n the oghee of the Register of Deeds ,n and for 00.11 County Together with an easement across the boulevards and sidewalk ,n Iront o1 the Easterly 25 feet Of sad Lot 5 05 shown ,n deed Document No 384774 tiles of Registrar o1 Titles -5- PARCEL 8 RESOLUTION 01-090 That part Of Lot 1 Block 4 Minikohdo Vista 2nd Addition lying North of O line parallel t0 and thirty-three (3.3) feel northwesterly Irom measured perpend,culor 10 the southeast line of said Lot 1 That port of Lot '3 Block 4 M,n,kanda Vista 2nd Addition described as lollaw9 Commencing al the Northwest corner of Lot 13 thence South along the West line a distance of forty (40) feet thence Northeasterly 10 a point On the North line of Lot 13 ninety-five (95) feet East o1 the point of beginning thence West along the North line of Lot 13 l0 the point of beginning Lot 14 eiKept Inst port thereof Tying Southerly nl 0 line drawn from a point on the South Inciof said Lot 1 • distant 95 feet Easterly from the Southwest Corner of sold Lot 14 t0 a point on the EOSterly line of Lot 14 distant 20 feel Northwesterly of the Southeast corner thereof Block 4 M,n,kando Vista Second Addition Hennepin County, according to the plot 'Hereof on Isle or of record in the office of the Register of 0eeds in and for said County Lot 15 Block 4 Minikanda Visto 2nd Addition Hennepin County Village Of St Louis Pork according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County PARCEL 9 Lot 1 Block 5 M,n,kohdo Vista 2n0 Addition PARCEL 10 Tract F Registered Land Survey No 2 Files of Registrar of Tales, County of Hennepin That part of the vacated street lying between Blocks 6 and 7 *Minikohdo Vista 2nd Addition Hennepin County' and between extensions across sold street of the Northwesterly line of 500 Blocks 6 and 7 and the Northerly line of Lot 4 Block 7 extended and lying East of the center line of sold vacated street, according to the plot thereat on file or of record in the off.ce of the Register of Oeeds in and for said Hennepin County PARCEL 11 Tract 0 Registered Land Survey No 2 Files of Register of Titles County of Hennepin PARCEL 12 Tract E Registered Land Survey No 2 Files of the Registrar of Titles County of Hennepin PARCEL 13 Tract A, Registered Land Survey No 2. Files of the Registrar of Titles. County o1 Hennepin PARCEL 14 Lots 4 and 5 except that port of said Lots oescr,bed 03 follows commencing at the Northwest corner o1 Lot 4, thence South along the West Ione of Lots 4 and 5. a distance of 77 feet, thence Northeasterly to a point on Inc East Inc of Lot 4, distant 16 feet South of the Northeast corner of said Lot 4 thence North 10 the Nortneasl corner Inence West along the North line 01 Lot 4 to the point of beg.nn,ng Lot 6 Thal port o1 Lot 7 lying Easterly of a line running from a point in the North line of Lot 7 distant 45 4 feet Esst of the Northwest corner thereof to o point in the Southeasterly hne of sot° Lot 7 distant 80 4 lest Northeasterly as measured along said Soutneosterty Ione from the most Southerly corner thereof, Lot 8 except the Southeasterly 17 feel thereof taken for State Highway, Lots 9, 10 and 11 Block 5,-Min,kanda Vista 2nd Addition Hennepin County - according to the plot thereof on file or o1 record in the office of the Register of Deeds ,n and for sold Count/ Tract C Registered Land Survey No 832, Files of Registrar of Titles, County of Hennepin Together with a perpetual non-exclusive easement for driveway purposes over Tract 8 Registered Lona Survey No 832 us shown in deed Document No 615725, Files of Registrar of Telles (See Inst ) (As to Troct C in Parcel 2) Together with an easement to use the Easterly wall of building located on Lot 10 Block 5 in Parcel 1 ono on tract C in Parcel 3 os snown in deed Document No 590605 Files of Registrar of Titles See Inst ) Tracts A, B and C. Registered Lana Survey No 915, Files of Registrar of Titles. County of Hennepin -6- RESOLUTION 01-090 PARCEL 15 Lots 21 and 22 Block 3,-M.n.kanda vista 2nd Addition, Hennepin County' according to the recoroea plo, thereof loll 23 24 and 2`.. Block 3,-Min.kanda Vista 2nd Addition Hennepin County - according to the plat thereof on file or Of record in the Office of the Register of Deeds and for said Hennepin County Lot 26. Block 3 M.n.kOhda Vista 2nd Addition Hennepin County according to the recorded plat thereof in Lot 27 Block 3-MAn,kanda 'Isla 2nd Addition Hennepin County according to the recorded plat thereof on file or of record .n the atIice at the Register 01 Deeds in and for said Hennepin County Lot 28. Block 3 -M n.kohda Vista 2nd AdditionHennepin County - according to the plot thereof on file or 01 record in the office of the Register of Deeds in and for said Hennepin County Lots 29 and 30 Block 3 M.n.kanoa Vista 2nd Aaaition Hennepin County. according to the plot thereof on tyle or of record .0 the Office al Inc Reg.sler of Deeds in and for scud Hennepin County PARCEL 16 Lot 2 Block 3 kI n,.onaa vista 2nd Addition except that part lying Southeasterly of a Inc drown from o point on Inc Southwesterly line of sold Lot 2 d.slont 42 feet from the SOulheaSlerly line of 50.0 LW 10 a point On the Northeasterly line of said lot distant 52 feet from the Soulhedsteriy line of said lot wh.cn hos been token for highway purposes PARCEL 17 Lot 4 BIOCc 8 M.nikOh0a Vista 2nd AOa.l.on PARCEL 18 Lot 1 Block 8, Minikohda Vista Second Addition Hennepin County according to Inc plot thereof on file or of record in the office of the Register of Oeeas in and for said County PARCEL 19 Tracts A and 8, Registered Land Survey No 832 Files of Registrar of Titles. Hennepin County Minnesota RESOLUTION 01-090 PARCEL 20 Lot 7 and tnat port o1 Lot 8 lying South of o line drown parallel 10 the South Zine of sold Lot 8 from the Northwesterly corner Of said Lot 8 Block 8. M1nikOhda V.sla 2nd Addition, occoraing to the recorded plot thereol Hennepin County Minnesota PARCEL 21 Lot 7 Block 8 Westmoreland Park Hennepin County Minnesota according 10 the recorded plot thereof on lite and of record in the office of the County Recorder Hennepin County Minnesota That part of Lot 8, Black 8, "Min.kando Vista 2nd Addition Hennepin County-, tying North of a line drown parallel to the South line of said Lot 8 from the Northwesteny corner of said Lot 5 according to the recorded plat thereof on file and of record .n the office of the Register of Deeds Hennepin County Minnesoto PARCEL 22 Lot 2 BloCk 8 M.n.kando Vista 2nd Addition Hennepin County, Minnesota PARCEL 23 Tract B, Registered Land Survey No 2, Files o1 the Registrar of Titles. County of Hennepin. Stote of Minnesota PARCEL 24 Lot 4 except the Northwesterly 43 5 feet of the Northeasterly 0 6 Teel thereol, Block 3. •M.nikohdo Vista 2nd Addition Hennepin County " PARCEL 25 Lots 8 9 and 10 Block 3 "Min.kanao Vista 2n0 Adcht.on Hennepin County Lots 11 and 13, Block 3 -M.n.kanda Vista 2nd Addition Hennepin County Lots 12, 14 15 16 17 13, 19 and 20 Block 3-M.n,kanao Vista 2n0 Addition, Hennepin County - PARCEL 26 Lot_3 The NorIhwes,eny 43 5 teet al the Northeasterly 0 6 feet of Lot 4 Block 3 M.n,kar,da v.sto 2nd Addition Hennepin County PARCEL 27 SJ i Lot 1 Block 3 M.n,..anao Vista 2no wddd.on lying Southeaster!), of a Incidrawn from the Southwesterly Zine of 50.0 Lot 1 distant 52 feet from the Southeasterly line of said tot t0 a point on the NOrtneoslerly line Of 5010 lot d.5tanl80'"leet from the Northwester) line of said 101 r,)� f° y PARCEL 28 Lots 5 and 6 Block 3. M.nikand0 Vista Second Addition `iennep,n County, Minnesota PARCEL 29 Lot 7 Block 3. -M.n.konda v.sto 200 Addition. Hennepin County -8-