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Home My WebLink About15-052 - ADMIN Resolution - City Council - 2015/04/06• s ft RESOLUTION NO. 15-052 RESOLUTION GRANTING APPROVAL OF FINAL PLAT WITH SUBDIVISION VARIANCES FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS CENTRAL PARK WEST P.U.D. NO. 121 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 P.U.D. NO. 121, have submitted an application (14-23-S) for approval of a preliminary plat of said subdivision with vanances from the subdivision ordinance for penmeter 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 plat has been found to be in all respects consistent with the approved preliminary plat, Comprehensive 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, in part, 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 depnve 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 injurious to other property in the terntory in which the property is situated. Granting variances to allow no perimeter drainage and utility easements along intenor property lines of Lots 1, 2 and 3, Block 1 and Outlot A, on the Plat 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 vanances 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 1. The proposed plat of Central Park West P U.D. No 121 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. Resolution No. 15-052 -2- a. City of Golden Valley approval of that portion of the plat within its junsdiction is required. b. The site shall be developed, used and maintained in accordance with the conditions of this resolution, approved Official Exhibits, and City Code. c. Outlot A, Central Park West P.U.D. No. 121 shall be re -platted into lot(s) and block(s) prior to City issuance of building permits for that property, except that surface parking lot structures may be allowed with proper City permits. Building permits for other improvements shall not be issued on Outlot A. d. The on-site underground stormwater management systems shall be a pnvately- owned and privately maintained. Public drainage and utility easements over said systems shall be provided, and said easements shall connect to a public right-of- way. The public easements are needed for public inspection and emergency access. e. 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. f. Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County. 1) Park dedication fees totaling $258,348 and trail dedication fees totaling $64,575 shall be paid to the City of St. Louis Park. 2) A financial security in the form of a cash escrow or letter of credit in the amount of $1,000 shall be submitted to the City to insure that a signed Mylar copy of the final plat is provided to the City. 3) A Planning Development Contract shall be executed between the City and Developer that addresses, at a minimum: a) Granting public ingress and egress access and use of the civic space on Lot 1, Block 1, Central Park West P.U.D. No. 121, Hennepin County, Minnesota in a form approved by the City Attorney, which the Developer shall file with Hennepin County when the final plat is recorded. b) A performance guarantee for the installation of all public improvements, placement of iron monuments at property corners, and the pnvate site stormwater management system and landscaping. c) The release of the subject property from the previous development contract and amended and restated planning development contract recorded respectively as Documents No. 4790583 and 4790584 and replacing those agreements with the Planning Development Contract for Central Park West d) The release of the subject property that certain Reciprocal Easement and Maintenance Agreement for the West End Public Improvements dated July 12, 2010, recorded August 30, 2010, with the Hennepin Country, Minnesota Registrar of Titles as Document No. T4783828 (the "REMA") and replacing the REMA with similar agreements specific to the pubhc improvements and civic space improvements relating to Central Park West. O€pu+t Resolution No. 15-052 -3- g. e) The applicant shall reimburse City attorney's fees in drafting and reviewing such documents as required in the final plat approval. The Mayor and City Manager are authorized to execute the Planning Development Contract and any other necessary documents relating to this resolution. Prior to starting any land disturbing activities, the following conditions shall be met: 1) Proof of recording the final plat shall be submitted to the City. 2) Assent Form and Official Exhibits must be signed by Central Park West. LLC, the assignee of the applicant and the property owner 3) Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. 4) A preconstruction meeting shall be held with the appropnate development, construction, pnvate utility, and City representatives. 5) All necessary permits must be obtained. 6) A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (street, sidewalks, utility, street lights, landscaping, etc.) and the private site underground stormwater management system and landscaping. h. A permanent parking agreement for the future hotel on Lot 3 to use Outlot A and the future office parking ramps for the hotel's deficit of required parking spaces shall be recorded upon the filing of the final plat and prior to issuance of building permits for any phase of the Central Park West development. Said agreement shall be in a form approved by the City Attorney. 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 Central Park West, LLC, a Minnesota limited liability company, the assignee of the above- named subdivider and the property owner, who are the applicants herein. 4. 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: Ado ; - • by the qty Council April 6, 2015 Mayo • Existing Certs 1396934 • IV 11 11 1 1 1 1 1 1 Doc No T05247810 1 11 Certified, filed and/or recorded on Apr 15, 2015 9 35 AM III Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 113 Doc Name Resolution 15-05a— • Attested Copy or Duplicate Original Document Recording Fee Pkg ID 1228489C $4 00 $46 00 Document Total $50 00 A''R 1 5 2615 This cover sheet is now a permanent part of the recorded document CITY OF ST LOUIS PARK Administration Office 5(105 Minnetonka Boulevard St. Louis Park ;VIN 55416 -(952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following. "CITY COUNCIL RESOLU'T'ION" The attached is a fu1I, true and correct copy of the original Resolution No. 15-052 adopted April O. 2015 and on file in the Office of the City Clerk 2) The City Council meeting 'has held upon due call and notice WITNESS my hand and the Scal of the City u1St Louis Park. s ' ST Lou/ O4OQ,PORq),� • j Melts Kenne SEAL '? l C`tty ClerkPoo Date April 14 201S