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HomeMy WebLinkAbout12-005 - ADMIN Resolution - City Council - 2012/01/17RESOLUTION NO. 12-005 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF FRETHAM TWELFTH ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Lakewest Development Company, LLC, subdivider of the land proposed to be platted as Fretham Twelfth Addition has 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. 2. The proposed final plat has been found to be 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. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: That part of Section 18, Township 117, Range 21, Hennepin County, Minnesota described as follows: commencing on the North line of said Section 18, at a point 920.53 feet West of the North Quarter corner of said section; thence deflecting left 47 degrees, 11 minutes a distance of 54.55 feet in the Southwesterly direction, thence deflecting left 82 degrees a distance of 288.36 feet to the Northerly line of Minnetonka Boulevard as the same is laid out and traveled; thence deflecting right 120 degrees 05 minutes a distance of 109.79 feet along said Northerly line; thence deflecting right 59 degrees 55 minutes a distance of 362.49 feet to a point in the North line of said Section 18; thence deflecting to the right 120 degrees 11 minutes a distance of 192.30 feet along said North line to the point of beginning. Also that part of Section 7, Township 117, Range 21, described as follows: Commencing on the South line of said Section 7 at a point 920.53 feet West of the South Quarter corner of said section; thence deflecting right 132 degrees 49 minutes a distance of 97.33 feet in the Northeasterly direction; thence deflecting left 129 degrees 13 minutes a distance of 72.50 feet; thence deflecting right 36 degrees 24 minutes a distance of 60 feet; thence deflecting left 6 degrees 03 minutes a distance of 170 feet; thence deflecting left 73 degrees 08 minutes a distance of 131.82 feet; thence deflecting left 90 degrees a distance of 162.72 feet to the South line of said Section 7; thence deflecting left 50 degrees 49 minutes along said South line 192.30 feet to the point of beginning, which lies Southeasterly of the Southeasterly boundary line of the following described tract: All that part of Section 7, and Section 18, Township 117, Range 21, described as follows: Commencing on the South line of said Section 7, and Section 18, Township 117, Range 21, described as follows: Commencing on the South line of said Section 7 at a point 920.53 feet West of the South Quarter corner of said section; thence deflecting right 132 degrees and 49 minutes a distance of 97.33 Resolution No. 12-005 -2- feet in a Northeasterly direction; thence deflecting left 129 degrees and 13 minutes a distance of 72.50 feet; thence deflecting right 36 degrees and 24 minutes a distance of 60.0 feet; thence deflecting left 6 degrees and 03 minutes a distance of 51.85 feet; which is the actual point of beginning of the land to be described, thence continuing Northwesterly on last described line 118.15 feet; thence deflecting left 73 degrees and 08 minutes a distance of 131.82 feet; thence deflecting left 90 degrees a distance of 162.72 feet to the South line of said Section 7; thence continuing in Southeasterly direction along last descnbed line 12.0 feet; thence Northeasterly in a straight line 177.5 feet more or less to the point of beginning. and That part of the Northeast Quarter of the Northwest Quarter (NE % of NW 'A) of Section 18, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Commencing at a point in the North line of Minnetonka Boulevard as the same is located and travelled across said NE % of NW %, which point is 388.7 feet West at right angles from the East line of the Southwest Quarter of Section, Township 117, Range 21, produced South; thence Southwesterly along said Northerly line of Minnetonka Boulevard 509.79 feet to point of beginning of the parcel of land to be described; thence Southwesterly along said North line continued 181.16 feet; thence right 98 degrees 08 minutes parallel to the West line of said NE 'A of NW '/ of said Section 18, a distance of 253.2 feet; thence in a direct line 289.50 feet to point of beginning; said direct line making an angle of 59 degrees 55 minutes with the Northerly line of Minnetonka Boulevard. Conclusion 1. The proposed final plat of Fretham Twelfth Addition is 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: a. All conditions for stormwater management shall be met. The pond shall be shaped in a natural manner, and include landscaping. b. The stormwater catch basin located at the north end of the Ensign Ave S cul-de- sac shall be replaced by the applicant as required by the City Engineering Department. c. Prior to starting any site work, the following conditions shall be met: i. Assent form and official exhibits must be signed by the applicant and owner. ii. All necessary permits must be obtained. iii. All Minnehaha Creek Watershed Management permits must be issued. iv. A minimum three foot tall orange construction fence shall be installed along the top edge of the slope to protect the slope and vegetation. The fence shall remain during the construction of the subdivision, and may be removed from a lot after a house is constructed on the lot. d. The applicant shall comply with the following conditions during construction: Resolution No. 12-005 -3- i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM. ii. Loud equipment shall be kept as far as possible from residences at all times. iii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. e. Lot 1 shall have a minimum side yard setback of 7.5 feet along the west property line. f. Lot 1 shall not have a walk -out basement. g. Lot 4 shall have a driveway access to Ensign Ave S only. h. Lots 5 and 6 shall have a shared driveway access. i. Lots 1 and 2 shall have a drainage and utility easement that extends over the entire slope, and encompasses the existing power line, or the existing power line may be relocated into the proposed drainage and utility easement. j. The pond shall be planted with water tolerant grasses, shrubs and trees. k. All electrical and phone utilities servicing the new homes are to be placed underground. 1. Sidewalks shall be installed along Minnetonka Blvd and Ensign Ave per City Engineer's requirements. m. Park dedication fees must be received by the City prior to filing a final plat. n. Trail dedication fees must be received by the City prior to filing a final plat. o. Applicant shall submit financial security in the form of a cash escrow or letter of credit in the amount of $1,000 to insure that a signed Mylar copy of the final plat is provided to the City. p. Applicant shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, public improvements, landscaping, repair/cleaning of public streets and utilities, and to guarantee the provision of as -built drawings for all new public infrastructure to the City. q. The applicant shall pay an administrative fine 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. Resolution No. 12-005 -4- The City Clerk is instructed to record certified copies of this resolution in the Office of the He epCounty Register of Deeds or Registrar of Titles as the case may be. Review or Administration: City M • 'ger Attest: City Clerk Adopt by the/ ity Council January 17, 2012 /./(4 Mayor/ f • • • 11111111111111111111111111111111111111111111111111 Doc No A9748101 Certified, filed and/or recorded on 2/3/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 772297M Doc Name: Resolution ) —00 s -- Document Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document CITY OF ST Lours PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 12-005 adopted January 17, 2012, and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Nancy City Clerk Date: January 26, 2012 RESOLUTION NO. 12-005 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF FRETHAM TWELFTH ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Lakewest Development Company, LLC, subdivider of the land proposed to be platted as Fretham Twelfth Addition has 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. 2. The proposed final plat has been found to be 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. 3. The proposed plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit: That part of Section 18, Township 117, Range 21, Hennepin County, Minnesota described as follows: commencing on the North line of said Section 18, at a point 920.53 feet West of the North Quarter comer of said section; thence deflecting left 47 degrees, 11 minutes a distance of 54.55 feet in the Southwesterly direction, thence deflecting left 82 degrees a distance of 288.36 feet to the Northerly line of Minnetonka Boulevard as the same is laid out and traveled; thence deflecting nght 120 degrees 05 minutes a distance of 109.79 feet along said Northerly line; thence deflecting right 59 degrees 55 minutes a distance of 362.49 feet to a point in the North line of said Section 18; thence deflecting to the right 120 degrees 11 minutes a distance of 192.30 feet along said North line to the point of beginning. Also that part of Section 7, Township 117, Range 21, described as follows: Commencing on the South line of said Section 7 at a point 920.53 feet West of the South Quarter corner of said section; thence deflecting right 132 degrees 49 minutes a distance of 97.33 feet in the Northeasterly direction; thence deflecting left 129 degrees 13 minutes a distance of 72.50 feet; thence deflecting right 36 degrees 24 minutes a distance of 60 feet; thence deflecting left 6 degrees 03 minutes a distance of 170 feet; thence deflecting left 73 degrees 08 minutes a distance of 131.82 feet; thence deflecting left 90 degrees a distance of 162.72 feet to the South line of said Section 7; thence deflecting left 50 degrees 49 minutes along said South line 192.30 feet to the point of beginning, which lies Southeasterly of the Southeasterly boundary line of the following described tract: All that part of Section 7, and Section 18, Township 117, Range 21, described as follows: Commencing on the South line of said Section 7, and Section 18, Township 117, Range 21, described as follows: Commencing on the South line of said Section 7 at a point 920.53 feet West of the South Quarter corner of said section; thence deflecting right 132 degrees and 49 minutes a distance of 97.33 Resolution No. 12-005 -2- feet in a Northeasterly direction; thence deflecting left 129 degrees and 13 minutes a distance of 72.50 feet; thence deflecting right 36 degrees and 24 minutes a distance of 60.0 feet; thence deflecting left 6 degrees and 03 minutes a distance of 51.85 feet; which is the actual point of beginning of the land to be described, thence continuing Northwesterly on last described line 118.15 feet; thence deflecting left 73 degrees and 08 minutes a distance of 131.82 feet; thence deflecting left 90 degrees a distance of 162.72 feet to the South line of said Section 7; thence continuing in Southeasterly direction along last described line 12.0 feet; thence Northeasterly in a straight line 177.5 feet more or less to the point of beginning. and That part of the Northeast Quarter of the Northwest Quarter (NE '/ of NW 'A) of Section 18, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Commencing at a point m the North line of Minnetonka Boulevard as the same is located and travelled across said NE '/ of NW '''A, which point is 388.7 feet West at right angles from the East line of the Southwest Quarter of Section, Township 117, Range 21, produced South; thence Southwesterly along said Northerly line of Minnetonka Boulevard 509.79 feet to point of beginning of the parcel of land to be described; thence Southwesterly along said North line continued 181.16 feet; thence right 98 degrees 08 minutes parallel to the West line of said NE '' of NW '/ of said Section 18, a distance of 253.2 feet; thence in a direct line 289.50 feet to point of beginning; said direct line making an angle of 59 degrees 55 minutes with the Northerly line of Minnetonka Boulevard. Conclusion 1. The proposed final plat of Fretham Twelfth Addition is 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: a. All conditions for stormwater management shall be met. The pond shall be shaped in a natural manner, and include landscaping. b. The stormwater catch basin located at the north end of the Ensign Ave S cul-de- sac shall be replaced by the applicant as required by the City Engineering Department. c. Prior to starting any site work, the following conditions shall be met: i. Assent form and official exhibits must be signed by the applicant and owner. ii. All necessary permits must be obtained. iii. All Minnehaha Creek Watershed Management permits must be issued. iv. A minimum three foot tall orange construction fence shall be installed along the top edge of the slope to protect the slope and vegetation. The fence shall remain during the construction of the subdivision, and may be removed from a lot after a house is constructed on the lot. d. The applicant shall comply with the following conditions during construction: . Resolution No. 12-005 -3- i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM. ii. Loud equipment shall be kept as far as possible from residences at all times. iii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. e. Lot 1 shall have a minimum side yard setback of 7.5 feet along the west property line. f. Lot 1 shall not have a walk -out basement. g. Lot 4 shall have a driveway access to Ensign Ave S only. h. Lots 5 and 6 shall have a shared driveway access. i. Lots 1 and 2 shall have a drainage and utility easement that extends over the entire slope, and encompasses the existing power line, or the existing power line may be relocated into the proposed drainage and utility easement. J. The pond shall be planted with water tolerant grasses, shrubs and trees. k. All electrical and phone utilities servicing the new homes are to be placed underground. 1. Sidewalks shall be installed along Minnetonka Blvd and Ensign Ave per City Engineer's requirements. m. Park dedication fees must be received by the City pnor to filing a final plat. n. Trail dedication fees must be received by the City pnor to filing a final plat. o. Applicant shall submit financial security in the form of a cash escrow or letter of credit in the amount of $1,000 to insure that a signed Mylar copy of the final plat is provided to the City. p. Applicant shall submit a financial secunty in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, public improvements, landscaping, repair/cleaning of public streets and utilities, and to guarantee the provision of as -built drawings for all new public infrastructure to the City. q. The applicant shall pay an administrative fine 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 Ordmance 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. Resolution No. 12-005 -4- The City Clerk is instructed to record certified copies of this resolution in the Office of the • He ep County Register of Deeds or Registrar of Titles as the case may be. Review: s or Administration: MIMI ye City M . 7ger Attest: City Clerk Adopted by the City Council January 17, 2012 Mayor