HomeMy WebLinkAbout01-145 - ADMIN Resolution - City Council - 2001/12/17•
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RESOLUTION NO. 01-145
Amends and Restates Resolutions No. 01-065 and 01-090
A RESOLUTION AMENDING RESOLUTION 01-090 ADOPTED ON
SEPTEMBER 4, 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, and
WHEREAS, the City Council adopted Resolution No. 01-090 on September 4, 2001
approving an amendment to the approved Final Plat to change the name of the north -south Town
Green streets to Grand Way and separate the plat and PUD resolutions,
WHEREAS, the City Council has consideied 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. 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 descnption as follows, to -wit:
See Attached Legal Descnption
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.
Resolution No. 01-145 -2-
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 senously 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).
4. The contents of Planning Case File 01-06-S are hereby entered into and made part of the
public heanng 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 nght-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 ensunng 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.
Resolution No. 01-145 -3-
b. Drainage and utility easements shall not be required around the penmeter 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 tor 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.
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`h/39`h until permanent sidewalks/streetscape are completed dunng
construction of each future phase
f. construction of the Phase 1 public parking 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.
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 regrade the southern portion of Wolfe
Park and approval shall be received prior 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 pnvate condominium parking dunng
construction shall be approved by Public Works and the affected property owners,
if temporary construction easements are necessary.
Resolution No. 01-145 -4-
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, except that Section 14.912F of the St. Louis Park Ordinance
Code and the recording requirements are waived to allow, pnor to recording of the
plat, easement and planning contract, the issuance of building permits authorizing
work through and including January 15, 2002.
b. the Indirect Source Permit shall be approved by the MPCA, if necessary.
c. A lighting and photometnc plan shall be approved by the Zoning Administrator.
d. An imgation plan shall be approved by the Zoning Administrator.
e. Extenor building material/colors shall 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 during construction of each future phase.
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. Vanances 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 intenm 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. Prior 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 pnvate development lots between the public street and building setback.
Resolution No. 01-145 -5-
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.
C/i'l
City Manager
Attest:
iv
Ip0.).., C1ty Clerl
01-06-S-amend2
Adopted b=City Council December 17, 2001
Mayor
Resolution No. 01-145
PARCEL 1
Lol 31 Block 3. klin.kanda Vista Second Addition. Hennepin County. according to the
plat thereof on Tule or o1 record .n the Of lice of the Register of Deeds .n and for said
County
PARCEL 2
Lots 9. 10 and 11 Block a M.n.kando Vista 2nd Addition except the Southeasterly 17
feet of Lots 9 and 10 BIOck 4 as token for highway purposes
PARCEL 3
Lots 5 and 6 Block 8. "M.n.k0hd0 Vista 2nd Addition Hennepin County.- according to
the plot thereof on file or of record .n the office of the Register of Deeds .n and for said
County
PARCEL 4
Tract C Registered Land Survey NO 2. Files o1 the Registrar of Titles. County of
Hennepin
PARCEL 5
Block 6 together with that portion of the vacated street lying between Blocks 6 and 7
and between extensions across said street of the Northwesterly line and the Southerly
Me of said Blocks 6 and 7 and lying West of the center line o1 said vacated street.
'M.n.kohda Vista 2nd Addition Hennepin County according to the plat thereof on file
or of record .n the office o1 the Register of Deeds in and for said County
PARCEL 6
Lot 3. Block 8. -M.n.karlda Vista 2nd Addition. Hennepin County
PARCEL 7
That pert of Lot 1 Block 4 M.n.kanda Vista 2nd Add.t.on lying South of a line parallel to
and thirty—three (33) feel Northwesterly from measured perpendicular t0 the Southeast
line of so.d Lot 1 and lying West of a line parallel to and 103 0 feet Southwesterly from
measured perpendicular to, the Northeost Inc.of said Lot 1 odcard.ng to the recorded
plot thereof, and sit.rate .n Hennepin County, Minnesota
AND
Lol 13. Block 4 Min.kohda Vista 2n0 Addition except that part Of Lot 13. Block 4.
Min.kohda Vista Second Add.t.on described as follows Commencing at the Northwest
corner of Lot 13. thence South along the West Inc.distance of forty (40) feet. thence
Northeo;terly to a point on the North I.ne of Lot 13 to a pont ninety—five (95) feel East of
the pont of beq.nn.ng lhenee West along the North line of Lot 13 10 the point of
beginning according to the recorded plat thereof and situate .n Hennepin County
Minnesota
ANO
Lots 2. 3 4 12 and the Easterly 1/2 of Lot 5. 13. part o1 Lot 14 lying Southerly of o
line drown from a point on the South line o1 said Lot 14 distant 95 feel Easterly from the
Southwest corner 01 50.a Lot 14 to 0 pont on the Easterly line 01 said LW 14 distant 20
feet Northwesterly of the Southeast corner thereof, all .n Block 4 M.n.lkanda Vista 2nd
Addition Hennepin County - according to the. plot thereof on 1.1e 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 front of the Westerly 25 feet of scud Lot 5. as
shown .n Deed Document No 384774 Files of Registrar of Nies
ANO
Westerly 1/2 of _Lot 5 ono All of Lots 6 . and 8 Block 4-M.n.kando Visto 2nd Add.t.on
Hennepin County accord ng t0 the plot thereof on file or of record .n the office 01 the
Register of Deeds in and for said County Together with an easement across the
boulevards an0 sidewalk .n front of the Easterly 25 feet of said Lot 5 as shown .n deed
Document No 384774 files of Registrar of Titles
Resolution No. 01-145
PARCEL 8
That part of Lot 1 Block 4 M,n,kOhdo Vista 2nd Addition lying North of a line parallel to
and Thirty-three (33) feel northwesterly from measured perpendicular to the southeast
line o1 sold Lot 1
That part` of, Lot '3. Block 4 M,n,kOhdo Vista 2nd Addition described as follows
Commencing of the Nortnwesl corner of Lol 13, thence South along the West line o
distance a1 forty (40) Ieet thence Northeasterly 10 0 point on the North I,ne of Lot 13
ninety-f.ve (95) feel Eost of the pO,nt of beginning, thence West along the North line of
Lot 13 to the pont of beginning
Lot 14 except that port lhereol lying Southerly of a line drawn from a point on the South
line of so,d Lot 14 aslant 95 feet Easterly from the Southwest corner of sod Lot 14 10 a
point on the Easterly line Of Lot 14 distant 20 feet Northwesterly Of the Southeast corner
thereof Block 4 M,n,kando V,sto, Second Addition Hennepin County according 10 the
plot thereof on file or of record in the office of the Register of Deeds ,n and for said
County
Lot 15 Block 4 -M,n,kohdo Vista 2nd Addition Hennepin County' V,lloge 01 5t Louis
Pork, according l0 the plat thereof on file or of record in Inc office of the Register of
Deeas ,n and for said County
PARCEL 9
L01 1, Block 5 M,n,kOhdO Vista 2nd Addition
PARCEL 10
Troct F Registered Lond Survey No 2. Files of Registrar of Titles. County of Hennepin
Thot part of the vocoted _street lying between Blocks 6 and 7. -M,n,kanda Vista 2nd
Addition Hennepin County, and between extensions across sold street of the
Northwesterly lune of scud Blocks 6 and 7 and the Northerly line of Lot 4, Block 7
extended and lying Eost of the center eine of cold vacated street, occord,ng to the plat
thereof on file or 01 record ,n the office of the Register of Deeds un and for said
Hennepin County
PARCEL 11
Troct D Registered Lond Survey No 2. Files of Register of Titles. County of Hennepin
PARCEL 12
Troct E Registered Land Survey No 2 Files of the Registrar of Tulles County of
Hennepin
PARCEL 13
Tract A, Registered Land Survey No 2. Files of the Registrar of Ttles. County of
Hennepin
PARCEL 14
Lots 4 and 5 except that part of said Lots described as follows commencing at the
Northwest corner of Lol 4, thence South along the West line 01 Lots 4 and 5. a distance
of 77 feet thence Northeasterly to a point on the East Inc,of Lot 4 distant 16 feet
South of the Northeast corner o1 said Lot 4, thence North to the Northeast corner.
thence West along the North line of Lot 4 to the Fount of beginning
Lot 6
Thot port of Lot 7 lying Easterly of o I,ne running from a point ,n the North Inc,of Lot 7.
distont 45 4 feet Est 01 the Northwest corner thereof to o point in the Southeasterly
line of said Lot 7, distant 80 4 leel Northeasterly. os measured olong said Southeasterly
line Irom the most Southerly comer thereof,
Lot 8 except the Southeasterly 17 feet thereof taken for Stole Highway,
Lots 9. 10 and 11 Block 5. -M,nukahao Vusto 2nd Addition, Hennepin County,
according to the plot thereof on file or of record in the office of the Register o1 Deeds ,n
and for said County
Trocl C. Registered Lana Survey No 832. Files of Registrar of Titles. County of
Hennepin Together with a perpetual non-exclusive easement for driveway purposes
over Tract B. Registered Lond Survey No 832 os shown ,n deed Document No
615725. Files of Registrar of Titles (See Inst ) (As to Tract C ,n Parcel 2) Together
with on ecsement to use the Easterly wolf of building located on Lot 10 Block 5 ,n
Parcel 1 ono on Tract C in Parcel 3 as shown in deed Document No 890605. Files of
Registrar of Titles, ;See Inst)
Tracts A. B ono C. Registered Lona Survey No 915. Files of Registrar of Titles. County
of Hennepin.
Resolution No. 01-145
PARCEL 15
Lots 21 and 22. Block 3. 'Min.kondo Vista 2nd Ada.t.on Hennepin County' according
to the recorded plo: thereof
Lots 23. 24 and 2.. Block 3. 'M.n.kohda Vista 2nd Addition Hennepin County.'
occoraing to the plat thereof on h:e or of record .n the 0ffice of the Register oI Deeds in
and for said Hennepin County
Lot 26. Block 3 M.n.kohda V.sto 2n0 Addition, Hennepin County.' according to the
recorded plat there.f
Lot 27 Block 3. 'M.n.kando Vista 2nd Addition Hennepin County ' according to the
recorded plat thereof on file or of record .n the of lice of the Register of Deeds .n and for
sold Hennep.n County
Lot 28 Block 3 'M n.kanda Vista 2nd Add.t.on Hennepin County.' according to the plot
thereof on fife or o• record .n the office of the Register of Deeds .n and for said
Hennepin Count
Lots 29 and 3C Block 3. M.n.kohoo vista 2nd Addition Hennepin County. according to
the plot thereof on :.le or of record .n the Office of the Register of Deeds .n and for 9a.0
Hennepin County
PARCEL 16
Lot 2 Black .3 M.n.,anda V.sto 2nd Addition e■cept that port lying Southeasterly of o
line drown from a point on the Southwesterly line of sod Lot 2. distant 42 feel from the
Southeasterly I.ne of said Lot to a pont on Ina Northeasterly I.ne of 50.0 lot distant 52
feet from the SOuthecsteriy fine of sold lot wh.cn hos,oeen token for highway purposes
PARCEL 17
Lot 4 Block 8. M n kanda Vista, 2nd Ada.t.on
PARCEL 18
lot 1 Bloch 8. M.n.kohda V.sto Second Ada.t.on Hennepin County according to the
pial thereof on lite .ir o1 record .n the office of the Register of Deeds .n and for said
County
PARCEL 19
Tracts A and B Registered Lend Survey No 1132. Files of Registrar of Titles. Hennepin
Co.lnly. Minnesota
Resolution No. 01-145
PARCEL 20
Lot 7 and that part of Lot 8 lying South of o line drown parallel to the South late of said
101 8. from the Northwesterly corner of said Lot 8 Block 8. M,nikando Vista 2nd
Addition. according t0 the recorded plot thereof Hennepin County. Minnesota
PARCEL 21
Lot 7 Block 8. Westmoreland Pork, Hennepin County Minnesota. according to the
recorded plot thereof on file and of record .n the of lice of the County Recorder
Hennepin County Minnesota
That part of Lot 8 Block 8. 'M,n,kdhda Vista 2nd Addition, Hennepin County'. lying
North Of a Inc,drown parallel to the South line of said Lot 8. Irom the Northwesleny
corner of said Lot 8 occor0,ng to the recorded plot thereof on file and of record .n the
office of the Register of Deeds Hennepin County M,nnesoto
PARCEL 22
Lot 2 Block 8. M,n,koh0o Vista 2na Addition. Hennepin County. Minnesota
PARCEL 23
Tract B. Registered Land Survey No 2. Files 01 the Registrar of Titles. County of
Hennepin, State of Minnesota
PARCEL 24
Lot 4 except the Northwesterly 43 5 feet of the Northeasterly 0 6 feet thereof. Block 3,
M,nikOhtlo Ysto. 2nd Addition Hennepin County
PARCEL 25
Lots 8. 9 and 10. Block 3 'M,nikanaa V,sto 2na Addition, Hennepin County "
Lots 11 and 13 Block 3. "M,n,konao Vista 2nd Addition Hennepin County,'
Lots 12 14, 15 16 17 18 19 and 20 Block 3. 'M.n,kQhd0 Vista 2nd Addition,
Hennepin County
PARCEL 26
Lot 3 The Northwesterly 43 5 reel al the Northeasterly 0 6 leet of Lot 4 Block 3.
'M,n.kanda Vista 2nd Add.t,on Hennepin County
PARCEL 27
Lot I Block 3. M.n,kanao Vista 2na ,.ad,hon ling Southeasterly of a Incidrown from
the Southwesterly I.ne 01 sa.d Lot 1 a,slont 52 Ieel trom the Southeasterly line DI sold
lot to 0 pant on the NortneOslerly line of said lot distant 80 feet from the Northwesterly
l.ne of said lot
PARCEL 28
Lots 5 .ind 6 Block 3. Mm,kan0o Vista Second Add,l.on, `tennepin County, Minnesota
PARCEL 29
Lot 7 Block .3. 'M,n,kandO vista 2na AOO,uon, Hennepin County