HomeMy WebLinkAbout02-046 - ADMIN Resolution - City Council - 2002/05/06•
•
RESOLUTION NO. 02-046
Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, 01-079, 02-002
A RESOLUTION AMENDING RESOLUTION 02-002
APPROVED ON JANUARY 7, 2002
APPROVING FINAL PLAT — POINTE WEST COMMONS ONE AND TWO
WHEREAS, the City Council approved the Preliminary Plat on May 1, 2000 Resolution
No 00-060; and
WHEREAS, an application for approval of 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 Plat at its meeting of June 7,
2000, and
WHEREAS, the Planning Commission recommended approval of the Final 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 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
WHEREAS, the Planning Commission held a public heanng, reviewed the amendment at
its meeting of September 6, 2000 and recommended approval of the amendment 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
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 16`h 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 heanng, 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
Resolution No. 02-046 -2-
WHEREAS, the City Council adopted Resolution No. 01-079 on August 20, 2001
approving a major amendment to the Planned Unit Development to add two townhomes onto an
existing building, and
WHEREAS, on November 5, 2001 an application was received for a major amendment
to the approved Planned Unit Development to allow additional occupancy pnor to roadway and
signal improvements, and
WHEREAS the Planning Commission held a public hearing, reviewed the amendment at
its meeting of December 5, 2001 and recommended approval of the amendment on a vote of 4-0
with four members voting in the affirmative, and
WHEREAS the City Council adopted Resolution No. 02-002 on January 7, 2002
approving a major amendment to the approved Final Planned Unit Development and Final Plat to
allow additional occupancy pnor to roadway and signal improvements, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public heanng 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, owners and subdividers of the land proposed
to be platted as Pointe West Commons One and Two have submitted an application for approval
of final plat of said subdivision in the manner required for platting of land under the St Louis
Park Ordinance Code, and all proceedings have been duly had thereunder;
for the legal description as follows, to -wit.
See Attached Legal Descnption
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 01 -39 -PUD ) 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 proposed subdivision will not be detnmental to the
health, safety, or general welfare of the community nor with certain contemplated traffic
improvements will it cause senous traffic congestion nor hazards, nor will it senously depreciate
surrounding property values. The Council has also determined that the proposed subdivision is
in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive
Plan.
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. 02-046 -3-
Conclusion
The Final Plat at the location descnbed is 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 Pointe West
Commons One and Two Final PUD Official Exhibits which may be amended by City
approval.
B Final plat approval and development is contingent upon developer meeting all conditions of
final approval including all MNDOT requirements and all conditions of Final PUD approval.
C. Before a final plat is signed by the City, the developer shall comply with the following
requirements:
1. Building elevations to be revised per Final PUD approval.
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 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.
Resolution No. 02-046
-4-
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 City.
5 Meet conditions of City signing final plat.
6. Meet any other conditions as required by the Development Agreement
F. The developer shall comply with the following conditions during construction:
1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th
Street, Alabama Avenue, and Blackstone Avenue.
2. All City noise ordinances shall be complied with, including that there be no construction
activity between the hours of 10 p m and 7 a m.
3 Loud equipment shall be kept as far as possible from residences at all times.
4. The site shall be kept free of dust and debns that could blow onto neighboring properties.
5. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
6. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties.
G. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
1. Meet any Fire Department emergency access requirements for 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.
H. The Preliminary and Final Plat for Pointe West Commons One and Two shall be amended on
September 18, 2000 to incorporate all of the preceding conditions and add the following
conditions:
1. The official exhibits are amended as noted in the Final PUD resolution, Condition A.
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
restnctions 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.
Resolution No. 02-046 -5-
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 interfenng with fire lanes, traffic circulation, etc.,
the Zoning Administrator may require the developer to provide alternative parking on
nearby pnvate property.
I. The Preliminary and Final Plat for Pointe West Commons One and Two shall be amended on
February 20, 2001 to incorporate all of the preceding conditions and add the following
conditions.
1. The official exhibits are amended as noted in the Final PUD resolution, Condition A.
2. The matenals for the retaining walls being constructed along West 16th Street shall be
similar to the matenals used on adjacent retaining walls along West 16th Street east of
Zarthan Avenue. These matenals shall be submitted and approved by the Zoning
Administrator pnor to the construction of the walls.
J. The developer shall pay an administrative fine of $750.00 per violation of any conditions set
forth in this resolution.
K The Preliminary and Final Plat for Pointe West Commons One and Two 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 PUD official exhibits and new assent
forms.
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 secunty guard at Rottlund's
expense, to ensure that such violations do not continue.
5. The official exhibits are amended as noted in the Final PUD resolution, Condition A, and
Condition J is modified as noted above.
L. The Preliminary and Final Plat for Pointe West Commons One and Two shall be amended on
January 7, 2002 to incorporate all of the preceding conditions and add the following
conditions:
1. The developer is required to coordinate pnvate improvements with the future schedule
for public improvements, which may include the temporary closing of certain project
entrances and other disruptions.
2 The developer is required to accommodate any emergency access requirements of the
Fire Marshall.
3. The Rottlund Company agrees to initiate the construction of the last townhouse building
in this project by no later than May 31, 2002
Resolution No. 02-046
Reviewed for Administration:
ity Manager
Attest:
C y Clerk
-6-
Adopted by she City Council May 6, 2002
Mayor
•
Resolution No. 02-046
LEGAL DESCRIPTION
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
LEGAL DESCRIPTION
PARCEL 1 (PAGE 2 OF 3)
Parcel 1:
All that pest of Govcmment Lot 6, Section 4, Township 117 North, Range 21 West of the
5th Frincnal Meridian, de;e ibed as follows: Commencing at a point on the East line of said
Let 6, discint 530 feet South from the Northeast comer th=wt thrace (=di ing Satoh along
the East line of said Government Lot 6, 403.8 feet more or less, to a point 355.5 feet North of the
Southeast corner of paid Lot 6;thence went parallel to the South rile of bdicl Gvve=mt Lot 6,
33 feet to a Judicial Landmar_t; thence c Hornig Wet parallel to said South line 133 feet to a
Judida1 Landman thence South parallel to thc East line of said Covrrnnlcat Lut 6, S7 feet to a
Judicial L andmarr, `hence East parallel to the South line of said C-ove=unent Lct 6, 133 feet to a
Judical Landmark; thence Contiri;^g East parr_L'cl with said Soh line 33 fer.f. to the East line of
said Govmnme:rt Lot 6; thence South along the East line of said. Government Lot 6 to a point
1.26 feet North of the Southeast co=c of said Gvverameat Lot 6; thence West parallel to the
South line of said Government Lot 6, 33 fez to a Judical Landmark thence continuing West
parallel with said South lime to the Easterly line of the right of way of thc Minneapolis,
Northfield and South= Railway, said point being marked by a Judical Landmariq thence
Nartheastrxly along said Easterly line of said right of way to the South line of U S t ghway
No. 12, said point being marled by a Judicial Landmark thence Easterly along the South line of
said hi hway to a point 13 feet West of the East line of said Govemraent Lot 6, said point being
marled by a Judicial Landmark thence continuing Easterly along the South line of said highway,
33 feet to the East lime of said Covent Lot 6; thence South along said East line to thc point
of beginning, except that part of said above described tract embraced within the plat of
Slocum Bim Addition, and except thar part th=of which lies Westciy and Southerly of the
following descibcd line: Beginning at a point in the South line of the above dcscabed property
therein distant 395 fat We,t of the Southeast comer thereat the tee North parallel with the.East
lime of said Government Lot 6, a distance of 229.50 fee thence deflecting to the left'at an angle
of 64 degrees 23 minufs to thc Easte-ly right of way line of the Minneapolis. Northfield anti
Southern Railway and there terminating.
Except that part which lies Northerly of Line 1 desc-ibed below:
Line 1: Beginning at a point on the West line of the above described tract, distant ?2 feet
Southwesterly of the Northw,vest comer thereof, thence run Easterly to the point o(intercection of
the West line of Slocum -Bel Addition with a line parallel with and distant 26 feet Southerly
of Line 2 descnbed below and there tevainating.
•
Resolution No. 02-046
LEGAL DESCRIPTION
- PARCEL 1 (PAGE 3 OF 3)
Line 2: Besrinning ata point on the West line of said Section 4, distant 178.68 feet South of the
West Quarter corner thereat thence run easterly at an angle of 101 degrees 53 minutes
14 ser_ tris from said Wit section line (measured from North to East) for 244.62 feet; thence
deflect to the left: on a tangential clave having a radius of 3274.04 feet and a delta angle of
6 cieggrev 34 minutes 40 seconds for 375.37 fee thence on a tangent to said curve for
34413 fee 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 an tangent to said curve
for 136.58 feet and there oirminating.
And excepting further that part which lies Northerly of Linc A described below:
Line A: Beginning at the Northwest corner of Tract 1 her inbeforc described; thence rim Easterly
to a point distant 40 feet Southerly (measured at right angles) of a point on Line 2 described in
d Tract 1, distant 170 feet Westerly of its point of ternnination; thence run Easterly parallel
th said Line 2 for 70 feet and thea terminating;
Parce.12:
That part of Government Lot 6, Section 4, Township 117, Range 21 described as beginning at a
point an the Fast 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 Ene of said Government Lot 6 a
distance of 33 feet to a Judicial L ane*ra*'r sat IIursuant to Torrens Case No. 12106; thence
cont n ling West parallel to said South line a distance of 133 feet to a Judicial Landmark set
pursuant to Tomas Case No. 12106; thence South parallel to the bast line of said. Government
Lot 6 a distance of 87 feet to a Judicial Landmark set pursuant to Torrens Case No. 12106;
thence East parallel to the South line of said Ciovemmeit Lot 6 a distance of 133 f=t to a
Judicial Landmark set pursuant to Torre= Case No. 12106; thence continuing East parallel with
said South line a distance of33 feet to th,c 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
Torreas Property
Tor ens Certificate No. 824033
•
•
LEGAL DESCRIPTION
PARCEL 2
That part 7f Government Lot 6, Section 4, Township 117,
North Range 21, west of the 5th PM described as follows:
Commencing at the Southeast corner of said Government Lo'
6: thence west along the South line of said 7.overnment
Lot 6, 159 feet to the actual point of beginning of the
land t. be described; thence North and parallel to the -
East lino of said government Lot 6 a distance of 126 feet:
thence west and parallel to the South line 7! said- Govern-
ment Lot 6 a distance of 75 feet; thence South and parallel
with the East line -of Government Lit 6, a distance of 126
feat: thence East along the South line :f 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 Luc 6, Section 4,
Township 117, North Range 21, Maet of the 5th Principal Meridaae.
Abstract
PARCEL 4
All that part of Government Lot 6, 4, Mow nship 117 North, Range 21 West of the
5th Principal. Meridian, described•as follows: Commencing at a paint an 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 Gwent Lot 6, 126.0 feet; thence West
parallel with the South line of said Government Lot 6, 60 feet; thence South parallel
with the East line of said Coverrsnent Lot 6, 126.0 feet to the South line thereof;
thence mast along South lame of Government Lot 6, 60 feet to a point of beginning,
according to the United States Goverment Survey thereof, Sennepin County, eta.
Abstract
Resolution No. 02-046
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 Lot'6; thence West along the
South line of said Government Lot 6, a distance of 234+ feet to the point of beginning
of;
land to be described; thence North and parallel with the East line of said
Govt 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 L9pi Section 4, Township 117, Range 21,
follows:
described, as
Commencing at the Southeast corner of said Government Lot 6, thence West along the
South line of said Government Lot 6, 159 feet; thence North parallel to the East line
of said Government Lot 6, 126 feet; thence East parallel to the South line 159 feet;
thence South parallel to the West line 126 feet to the actual point of beginning.
Abstract
PARCEL 6
That pare of Government Lot 5, lection LJYasntp 117 `.orth. 1" _c 21 l,rsr.
Jescribec as fmlla.a•
r.Jveurciag at a point _ the South Line of said Government :ac 6, said
point aiscanc 475 feet vest of the Souchea•, =roar :hereof. thence
North paralLeL co the cast liae of said Government Loc 6, a distance
of 126 feet, thence W..sc parallel to :ha Soutl, Line of said Government
Lot b co the Easterly right of way lime of the Minneapolis, Northfield
and Southam Ratlaay, said point oeing narked by a Judtctai Ltnd:srl,
thence Southwesterly along said Eas:erty line of said right of way to
the South Lice n: said Government :a: 6, :hen,La cas: along said South
line co the point of beginning:
OCCEPTIlYG Tit wRaM: Mac part of said Government Lot 6, described as
commencing sc a point in the South lino cf said Government Lot 6, said
point dtscanc 572.26 feet vest of the Southeast corner thereof; chance
North and parallel. to the East line of said Government Lot 6 a distance
of 126 fee:: thence West and parallel co the Couch line of said Govern -
=47c Lit 6. a distance of 114.34 feet to the point of the beginning of
the lead herein to be conveyed; :hence continuing ng Wasterly along the
pravtu.sty described line a distance of 33.. feat to the Easterly rtghc
of •a" line of the 'iinaeapolia, Northfield and Southern Railway established
to a Oc.d of oasemenc recorded is 3ook 749 of Deeds Pose 511, thence
Southwesterly at as angle co the lef: of 63 degrecs and 52 minutes 1
distance of 140.35 fee, co the Scut, line at »id Government Loc 6,
chance Easterly aloes the South 11ne of said r-,ver:ment Lot b a distance
of 33.4 feet, chance Nertre-seerly at an %nal •o Che loft of 03 d■grecs
and 52 minutes s distance of 140.35 :vet :o :h. JoLae ,f baginaLng.
EZCEZ = AND iPscwrING. unto 4. W. 7. CO.. tea successors and ...seisms,
an easemen: for Railroad Snu: Track purposes e'er, ecrons and upon :hat
part or the above deser•bed parcel One, said easement area lying .escerly
of the foil:wing desertb,d line:
Beginning ac a point on the Easterly right of way or the Minneapolis,
Northfield and Souther.. Railway, said ;,Dint being marked by JudirLat
Landmark and being 140.29 feet 'lortharly of ch., South line cf Govern-
ment lac 6, Section 4, Tawehip 117 North, Range 21 West as measured
along said 2ascerly right of .a- line. thence Northeasterly in a
straight line a distance of 355 font, dote or Less, to a point 12.10 feet
Easterly of said Easterly right of day line and an the Northerly line
u£ the property coave-ed to said tercel One.
Abstract