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HomeMy WebLinkAbout14-178 - ADMIN Resolution - City Council - 2014/12/15RESOLUTION NO. 14-178 RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT WITH SUBDIVISION VARIANCES FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS CENTRAL PARK WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The owner, Duke Realty L.P., and DLC Residential LLC, subdivider of the land proposed to be platted as Central Park West, have submitted an application (14-23-S) for approval of a preliminary plat of said subdivision with variances from the subdivision ordinance for perimeter drainage and utility easements (Section 26-154a) 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 preliminary 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: Outlot A, THE SHOPS AT WEST END, Hennepin County, Minnesota 4. There are special circumstances affecting the property such that the stnct application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances anse due to relocation of public sanitary sewer mains and urban design objectives for the site. The proposed construction plans include buildings and parking structures that will be constructed up to the intenor property lines. 5. Granting the vanances will not be detrimental to the public health, safety, and welfare or injunous to other property in the temtory in which the property is situated. Granting variances to allow no perimeter drainage and utility easements along interior property lines of Lot 1, 2 and 3, Outlot A, and the north and east sides of Outlot B will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way and proposed drainage and utility easements will accommodate existing and relocated utilities. 6. The variances correct inequities resulting from an extreme physical hardship The development requires relocation of public sanitary sewer mains and soil correction 7. The vanances are not contrary to the intent of the Comprehensive Plan The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater management, structured parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without the requested subdivision vanances. Conclusion Resolution No. 14-178 -2- 1. The proposed preliminary plat of Central Park West with subdivision variances 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, subject to the following conditions: a. City of Golden Valley approval of the preliminary plat for that portion of the proposed Central Park West within its jurisdiction is required. b. The underground stormwater management shall be a privately -owned and privately -maintained system. Drainage and utility easements over such systems shall be dedicated on the final plat, and said easements shall connect to a public right-of-way. The easement is needed for public inspection and emergency access. c. The plat shall be revised to dedicate a 45 -foot wide drainage and utility easement along the south lot line of Outlot B to cover the proposed sanitary sewer line. d. The plat shall be amended to eliminate Outlot A and combine that area with the proposed Lot 1, Block 1. The area currently shown as Outlot A shall instead be protected by easements or other agreements between the property owner and the City of St. Louis Park to preserve the area as a privately - owned, privately -maintained and publicly -accessible designed outdoor recreation area and pedestrian/bicycle connection between Utica Avenue on the west to Wayzata Boulevard on the east. Such easements or agreements shall be in a form approved by the City Attorney and recorded with Hennepin County prior to issuance of building permits. e. Outlot B shall be re -platted into lot and block description in order to be consider buildable, except that surface parking lot structures may be allowed with written permission of the Zoning Administrator and City Engineer Building permits for other improvements shall not be issued on Outlot B It is understood that Outlot B on the proposed preliminary plat may be renamed Outlot A on the final plat due to condition 1 d above. f. Final construction plans for public street and utility improvements must be submitted to and approved by the City Engineer prior to any construction or land disturbing activities. g. A development agreement will be required to address and secure financial guarantees for the public street, sidewalk and utility improvements, as well as for the grading and site vegetation. The agreement must be in place prior to commencement of construction of public improvements. h. The Developer shall pay park and trail dedication fees that due to the City prior to filing the Final Plat. i. Certain public and private easements are proposed to be vacated on the preliminary plat. Formal applications for said easement vacations have not been submitted by the developer. No building permits shall be issued for • • • Resolution No. 14-178 -3- improvements over said easements until the utilities have been relocated or removed and the City formally reviews and approves vacation of said public easements. j. All utility service structures shall be buned If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site. 2. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 3. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who are the applicants herein. The City Clerk is instructed to record certified copies of this resolution in the Offi e o e Hennepin County Register of Deeds or Registrar of Titles as the case may be Reviewe A ' ministration: Adopted b e City Council December 15, 2014 City M Attest: ��City Clerk� Mayor Existing Certs 1396934 I Deputy 84 Doc Name Resolution 14'117 Document Recording Fee $46 00 111111111101111111111011111111011111111111111111 Doc No T05238904 Certified, filed and/or recorded on Mar 5, 2015 10 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Pkg ID 1213890M Document Total $46 00 r"u ENIED 1 MR 232015 lov71:,'-[_. 01--: t-rgB This cover sheet is now a permanent part of the recorded document • PARKCITY OF ST. LOUIS • ) —201(peo-t 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 onginal Resolution No. 14-178 adopted December 15, 2014 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. G,r,�iAaJ Kay r flidura Deputy City Clerk Date: February 23, 2015 RESOLUTION NO. 14-178 RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT WITH SUBDIVISION VARIANCES FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS CENTRAL PARK WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The owner, Duke Realty L.P., and DLC Residential LLC, subdivider of the land proposed to be platted as Central Park West, have submitted an application (14-23-S) for approval of a preliminary plat of said subdivision with variances from the subdivision ordinance for perimeter drainage and utility easements (Section 26-154a) 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 preliminary 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: Outlot A, THE SHOPS AT WEST END, Hennepin County, Minnesota 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 relocation of public sanitary sewer mains and urban design objectives for the site. The proposed construction plans include buildings and parking structures that will be constructed up to the interior property lines. 5. Granting the variances will not be detrimental to the public health, safety, and welfare or injunous to other property in the territory in which the property is situated. Granting variances to allow no perimeter drainage and utility easements along interior property lines of Lot 1, 2 and 3, Outlot A, and the north and east sides of Outlot B will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way and proposed drainage and utility easements will accommodate existing and relocated utilities. 6. The variances correct inequities resulting from an extreme physical hardship The development requires relocation of public sanitary sewer mains and soil correction. 7. The variances are not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater management, structured parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without the requested subdivision variances Conclusion • • Resolution No. 14-178 -2- 1. The proposed preliminary plat of Central Park West with subdivision variances 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, subject to the following conditions: a. City of Golden Valley approval of the preliminary plat for that portion of the proposed Central Park West within its jurisdiction is required. b. The underground stormwater management shall be a privately -owned and privately -maintained system. Drainage and utility easements over such systems shall be dedicated on the final plat, and said easements shall connect to a public right-of-way. The easement is needed for public inspection and emergency access. c. The plat shall be revised to dedicate a 45 -foot wide drainage and utility easement along the south lot line of Outlot B to cover the proposed sanitary sewer line. d. The plat shall be amended to eliminate Outlot A and combine that area with the proposed Lot 1, Block 1. The area currently shown as Outlot A shall instead be protected by easements or other agreements between the property owner and the City of St. Louis Park to preserve the area as a privately - owned, privately -maintained and publicly -accessible designed outdoor recreation area and pedestrian/bicycle connection between Utica Avenue on the west to Wayzata Boulevard on the east. Such easements or agreements shall be in a form approved by the City Attorney and recorded with Hennepin County prior to issuance of building permits. e. Outlot B shall be re -platted into lot and block descnption in order to be consider buildable, except that surface parking lot structures may be allowed with written permission of the Zoning Administrator and City Engineer. Building permits for other improvements shall not be issued on Outlot B. It is understood that Outlot B on the proposed preliminary plat may be renamed Outlot A on the final plat due to condition 1 d above. f. Final construction plans for public street and utility improvements must be submitted to and approved by the City Engineer prior to any construction or land disturbing activities. g. A development agreement will be required to address and secure financial guarantees for the public street, sidewalk and utility improvements, as well as for the grading and site vegetation. The agreement must be in place prior to commencement of construction of public improvements. h. The Developer shall pay park and trail dedication fees that due to the City prior to filing the Final Plat. i. Certain public and private easements are proposed to be vacated on the preliminary plat. Formal applications for said easement vacations have not been submitted by the developer. No building permits shall be issued for Resolution No. 14-178 -3- improvements over said easements until the utilities have been relocated or removed and the City formally reviews and approves vacation of said public easements. j. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site 2. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 3. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who are the applicants herein. The City Clerk is instructed to record certified copies of this resolution in the Offi e o e Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewe A's ministration: Adopted 2 he City Council December 15, 2014 City M Attest: City Clerk Mayor