Loading...
HomeMy WebLinkAbout08-023 - ADMIN Resolution - City Council - 2008/02/19RESOLUTION NO. 08-023 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT AMENDMENT OF THE WEST END WITH VARIANCES FROM SUBDIVISION ORDINANCE FOR EASEMENTS 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke Realty, L.P., owner and subdivider of the land proposed to be platted as The West End, submitted an application for a preliminary plat amendment of said subdivision with variances from the subdivision ordinance for easements in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. Duke Realty, L.P. requested variances from Subdivision Code Section 26-154 "Easements" to reduce the width of drainage and utility easements. The standard width for easements along public right-of-way is 10 feet. The preliminary plat provides drainage and utility easements that are five feet wide along public right-of-way on Lots 3 and 4, Block 1 and Lot 2, Block 2 of the proposed subdivision. In addition, the preliminary plat provides drainage and utility easements along public right-of-way that are generally five feet wide, and three feet wide in three locations, on Lot 1, Block 2 of the proposed subdivision. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: SEE EXHIBIT A 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to significant existing structures on the subject property and deliberate building design and locations allowed with Planned Unit Development projects. 5. The granting of the variances will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The reduced drainage and utility easements provide adequate space for existing and proposed utilities. III6. The variances correct inequities resulting from an extreme physical hardship. Existing, multiple -story office buildings and parking structures on Lot 1, Block 2 of the proposed plat would encroach into drainage and utility easements if the standard perimeter easements were required. Resolution No. 08-023 -2- 7. The variances are not contrary to the intent of the Comprehensive Plan. 8. The proposed preliminary plat amendment is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. Conclusion 1. The preliminary plat amendment of The West End and variances for easements are hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota This approval is made subject to the opinion of the City Attorney and Certification by the City Clerk, and subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the conditions of this resolution, approved Official Exhibits, and City Code. B. Approval of the preliminary plat does not constitute approval of any site or building plans for the property. Site and building plans require City approval of a Planned Unit Development (PUD). C. Rights-of-way on the final plat shall include adequate land for all street improvements recommended in the Alternative Urban Area -wide Review (AUAR) for the property, approved on April 9, 2007. D. Outlot A shall be re -platted into lot(s) and block(s) prior to City issuance of building permits for that property. Additional right-of-way for streets and/or streetscape may be required when Outlot A is re -platted. E. Final construction plans for public streets and public utility improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval prior to construction. F. An easement granting public access over the alley and the private drive connecting to the Hilton Homewood Suites project shall be provided by separate legal agreement. It cannot be shown on the preliminary and final plat. Said easement shall be prepared by the applicant, approved by the City, and filed with Hennepin County when final plat is recorded. G. Drainage and utility easements over the underground stormwater pipe galleries shall extend and connect to public right-of-way or a public access easement to provide City access in the event of an emergency. Resolution No. 08-023 -3- F. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements. The contract shall be executed prior to commencing any site work or land disturbing activities. H. Park dedication fees shall be paid to the City of St. Louis Park prior to releasing the final plat for filing with Hennepin County, except that dedication fees will be collected on Outlot A when it is re -platted into buildable lot(s) and block(s). I. All site work shall meet the Fire Marshal's requirements for safety, access and fire hydrants. J. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the preliminary plat approval. K. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. 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: Attest: Gest 2 City Clerk Adopte,he City Council February 19, 2008 Mayor Resolution No. 08-023 -4- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above- described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Resolution No. 08-023 -5- Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin - County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; Resolution No. 08-023 -6- thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning.