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HomeMy WebLinkAbout15-071 - ADMIN Resolution - City Council - 2015/05/18RESOLUTION NO. 15-071 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF THE SHOREHAM ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR 3907 AND 3915 HIGHWAY 7, 3031 GLENHURST AVENUE, AND 3914 AND 3918 31ST STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Bader Development, subdivider of the land proposed to be platted as The Shoreham Addition has submitted an application for approval of preliminary and final plat of said subdivision with a vanance from the subdivision ordinance for reduced drainage and utility easements (Section 26-154) 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 and 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: Parcel 1: Lot 1, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Abstract Property Parcel 2: The South 27 feet of Lot 10 and all of Lots 11, 12, 13, 14 and 15, Also Lots 16, 17, 18, 19 and 20, except the Westerly 100 feet thereof, Also the South 27 feet of Lot 21, except the Westerly 100 feet thereof; All in Block 2, Calhoun Lake Side Park, Minneapolis, Minn., And the North and South alley adjoining said Lots 16 through 20 and the South 27 feet of Lot 21, vacated by Ordinance No. 591 adopted October 14, 1957, filed November 21, 1957, as Document No 3093976 in Book 791 of Misc., Page 313. Hennepin County, Minnesota Abstract Property Parcel 3: Lots 2 and 3, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 801865 Parcel 4: The Westerly 100 feet of Lots 16 through 20 inclusive, and the Westerly 100 feet of the South 27 feet of Lot 21, all in Block 2, Calhoun Lake Side Park, Minneapolis, Minn , Hennepin County, Minnesota. Abstract Property Parcel 5: Lot 4, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota Resolution No 15-071 -2- Abstract Property Parcel 6. Lot 5, Block 2, Manhattan Park, Minneapolis, Minnesota. Hennepin County, Minnesota Abstract Property Parcel 7: Lots 6 and 7, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Abstract Property Parcel 8: That part of the alley lying northerly of Block 2, as dedicated in the recorded plat of Manhattan Park, Minneapolis, Minn., lying westerly of the northerly extension of the east line of Lot 1, Block 2, said plat, and lying easterly of the northerly extension of the west line of Lot 7, Block 2, said plat (to be platted as Lot 1, Block 1, The Shoreham Addition) 4. There are special circumstances affecting the property such that the stnct application of the provisions of the subdivision ordinance would deprave the applicant/owner of the reasonable use of the land. Such circumstances arise due to the topography of the France Avenue right-of-way and adjacent land, along with the related improvements required by the City to France Avenue, required sidewalks and trail connections adjacent to the property. 5 The granting of the variance 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. The variance still provides a three foot drainage and utility easement Additionally, there is sufficient room for utilities in the adjacent right-of-way under the six foot wide sidewalk and the six foot wide boulevard. The reduced drainage and utility easement in this location allows for underground parking to be built, providing for a more pedestrian onented development. 6. The vanance is 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 walkable, mixed-use neighborhoods, human scale development and multi -modal streets and pathways. Such redevelopment could not occur without a variance. Conclusion 1. The proposed preliminary and final plat of The Shoreham 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. A vanance is approved from the subdivision ordinance for a seven foot reduction of the drainage and utility easement, along the southeast property line, from the required ten feet, required by City Code, Section 26-154. • • Resolution No. 15-071 -3- b. Park dedication fees totaling $219,000 and trail dedication fees totaling $32,850 shall be paid to the City of St. Louis Park pnor to the City signing the final plat. c. A financial secunty in the form of a cash escrow or letter of credit in the amount of $5,000 shall be submitted to the City to insure that a signed Mylar copy of the final plat is provided to the City and that iron monuments are placed at the property corners. d. An easement for any part of the sidewalk along France Avenue that is outside the existing right-of-way shall be granted to the City. Said easement shall be in a form approved by the City Attorney and said easement shall be executed pnor to the City signing the final plat e. An agreement that specifies the Developer's requirement to maintain all sidewalks, boulevards, and trails adjacent to the development shall be executed pnor to the City signing the final plat. f. An agreement that specifies the Developer's obligations related to the maintenance of France Avenue, adjacent to the development, shall be executed prior to the City signing the final plat. g. Developer shall enter into a Planning and Development Contract pnor to the City signing the final plat and pnor to any land disturbing activities h. The on-site underground storm water management system shall be pnvately- owned and pnvately maintained. Access to the system shall be provided to the City for clean-out and inspection purposes when warranted. Access points shall be covered by a drainage and utility easement, as provided on the final plat. i. 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 authonzed 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 descnbed 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 Resolution N • . -071 Reviewed for Ad ini ration. I lgrr City Manager Attest: -4- Adopted by the City Council May 18, 2015 Mayor • • • RECEIVED JUL 1 3 2015 OFFICE OF THE CI 1Y CLERK Deputy 17 II 010 11111 HI II II 010 1101 II Doc No A10208102 Certified, filed and/or recorded on Jun 24, 2015 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer tse i uts ►& No. /5-`017/ Pkg ID 1259852D Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document CITY OF • ST LOUIS 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. 15-071 adopted May 18, 2015 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. Me sa Kenne City Clerk y Date. June 4, 2015 L • RESOLUTION NO. 15-071 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF THE SHOREHAM ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR 3907 AND 3915 HIGHWAY 7, 3031 GLENHURST AVENUE, AND 3914 AND 3918 31ST STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park. Findings 1. Bader Development, subdivider of the land proposed to be platted as The Shoreham Addition has submitted an application for approval of preliminary and final plat of said subdivision with a vanance from the subdivision ordinance for reduced drainage and utility easements (Section 26-154) 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 and 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: Parcel 1. r Lot 1, Block 2, Manhattan Park, Minneapolis, Minn , Hennepin County, Minnesota Abstract Property Parcel 2: The South 27 feet of Lot 10 and all of Lots 11, 12, 13, 14 and 15, Also Lots 16, 17, 18, 19 and 20, except the Westerly 100 feet thereof, Also the South 27 feet of Lot 21, except the Westerly 100 feet thereof, All in Block 2, Calhoun Lake Side Park, Minneapolis, Minn., And the North and South alley adjoining said Lots 16 through 20 and the South 27 feet of Lot 21, vacated by Ordinance No. 591 adopted October 14, 1957, filed November 21, 1957, as Document No. 3093976 in Book 791 of Misc , Page 313 Hennepin County, Minnesota Abstract Property Parcel 3 Lots 2 and 3, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 801865 Parcel 4. The Westerly 100 feet of Lots 16 through 20 inclusive, and the Westerly 100 feet of the South 27 feet of Lot 21, all in Block 2, Calhoun Lake Side Park, Minneapolis, Minn., Hennepin County, Minnesota. Abstract Property Parcel 5. Lot 4, Block 2, Manhattan Park, Minneapolis, Minn , Hennepin County, Minnesota. • • 'Resolution No. 15-071 -2- Abstract Property Parcel 6: Lot 5, Block 2, Manhattan Park, Minneapolis, Minnesota. Hennepin County, Minnesota Abstract Property Parcel 7: Lots 6 and 7, Block 2, Manhattan Park, Minneapolis, Minn , Hennepin County, Minnesota. Abstract Property Parcel 8: That part of the alley lying northerly of Block 2, as dedicated in the recorded plat of Manhattan Park, Minneapolis, Minn., lying westerly of the northerly extension of the east line of Lot 1, Block 2, said plat, and lying easterly of the northerly extension of the west line of Lot 7, Block 2, said plat. (to be platted as Lot 1, Block 1, The Shoreham Addition) 4. There are special circumstances affecting the property such that the strict 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 the topography of the France Avenue nght-of-way and adjacent land, along with the related improvements required by the City to France Avenue, required sidewalks and trail connections adjacent to the property. 5. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the temtory in which the property is situated. The variance still provides a three foot drainage and utility easement. Additionally, there is sufficient room for utilities in the adjacent right-of-way under the six foot wide sidewalk and the six foot wide boulevard. The reduced drainage and utility easement in this location allows for underground parking to be built, providing for a more pedestnan onented development 6. The variance is 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 walkable, mixed-use neighborhoods, human scale development and multi -modal streets and pathways. Such redevelopment could not occur without a vanance. Conclusion 1. The proposed preliminary and final plat of The Shoreham 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. A variance is approved from the subdivision ordinance for a seven foot reduction of the drainage and utility easement, along the southeast property line, from the required ten feet, required by City Code, Section 26-154. • • • Resolution No: 15-071 -3- b. Park dedication fees totaling $219,000 and trail dedication fees totaling $32,850 shall be paid to the City of St. Louis Park pnor to the City signing the final plat. c. A financial security in the form of a cash escrow or letter of credit in the amount of $5,000 shall be submitted to the City to insure that a signed Mylar copy of the final plat is provided to the City and that iron monuments are placed at the property corners. d. An easement for any part of the sidewalk along France Avenue that is outside the existing nght-of-way shall be granted to the City. Said easement shall be in a form approved by the City Attorney and said easement shall be executed prior to the City signing the final plat. e An agreement that specifies the Developer's requirement to maintain all sidewalks, boulevards, and trails adjacent to the development shall be executed pnor to the City signing the final plat. f. An agreement that specifies the Developer's obligations related to the maintenance of France Avenue, adjacent to the development, shall be executed prior to the City signing the final plat. g Developer shall enter into a Planning and Development Contract pnor to the City signing the final plat and prior to any land disturbing activities. h. The on-site underground storm water management system shall be pnvately- owned and privately maintained. Access to the system shall be provided to the City for clean-out and inspection purposes when warranted. Access points shall be covered by a drainage and utility easement, as provided on the final plat. 1. 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. Resolution N • .1. -071 Reviewed for Ad ini •; ration: City Manager Attest: • -4- Adopted by the City Council May 18, 2015 Mayor RECEIVED JUL 1 3 2015 OFFICE OF THE Clio Y CLERK Existing Certs 801865 III IHI DII IDH III III UI IN III Certified, filed and/or recorded on Jun 24, 2015 10 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 17 Reno itch irn l` o i5_o7/ Pkg ID 1260033D Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document •ff CITY OF ST. RK LOUIS PA Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF IENNEPIN ) 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. 15-071 adopted May 18, 2015 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. Me is .a Kennedy City Clerk Date: June 4, 2015 i 6 RESOLUTION NO. 15-071 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF THE SHOREHAM ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR 3907 AND 3915 HIGHWAY 7, 3031 GLENHURST AVENUE, AND 3914 AND 3918 31ST STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Bader Development, subdivider of the land proposed to be platted as The Shoreham Addition has submitted an application for approval of preliminary and final plat of said subdivision with a vanance from the subdivision ordinance for reduced drainage and utility easements (Section 26-154) 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 and 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: Parcel 1: Lot 1, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Abstract Property Parcel 2: The South 27 feet of Lot 10 and all of Lots 11, 12, 13, 14 and 15, Also Lots 16, 17, 18, 19 and 20, except the Westerly 100 feet thereof, Also the South 27 feet of Lot 21, except the Westerly 100 feet thereof, All in Block 2, Calhoun Lake Side Park, Minneapolis, Minn.; And the North and South alley adjoining said Lots 16 through 20 and the South 27 feet of Lot 21, vacated by Ordinance No. 591 adopted October 14, 1957, filed November 21, 1957, as Document No. 3093976 in Book 791 of Misc., Page 313. Hennepin County, Minnesota Abstract Property Parcel 3: Lots 2 and 3, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 801865 Parcel 4. , The Westerly 100 feet of Lots 16 through 20 inclusive, and the Westerly 100 feet of the South 27 feet of Lot 21, all m Block 2, Calhoun Lake Side Park, Minneapolis, Minn , Hennepin County, Minnesota. Abstract Property Parcel 5: Lot 4, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota Resolution Nb. 15-071 -2- Abstract Property Parcel 6: Lot 5, Block 2, Manhattan Park, Minneapolis, Minnesota. Hennepin County, Minnesota Abstract Property Parcel 7: Lots 6 and 7, Block 2, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota. Abstract Property Parcel 8: That part of the alley lying northerly of Block 2, as dedicated in the recorded plat of Manhattan Park, Minneapolis, Minn., lying westerly of the northerly extension of the east line of Lot 1, Block 2, said plat, and lying easterly of the northerly extension of the west line of Lot 7, Block 2, said plat. (to be platted as Lot 1, Block 1, The Shoreham Addition) 4 There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprave the applicant/owner of the reasonable use of the land. Such circumstances anse due to the topography of the France Avenue right-of-way and adjacent land, along with the related improvements required by the City to France Avenue, required sidewalks and trail connections adjacent to the property. 5. The granting of the vanance will not be detrimental to the public health, safety, and welfare or mjurious to other property in the terntory in which the property is situated. The variance still provides a three foot drainage and utility easement. Additionally, there is sufficient room for utilities in the adjacent right-of-way under the six foot wide sidewalk and the six foot wide boulevard. The reduced drainage and utility easement in this location allows for underground parking to be built, providing for a more pedestnan oriented development. 6. The variance is 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 walkable, mixed-use neighborhoods, human scale development and multi -modal streets and pathways. Such redevelopment could not occur without a variance Conclusion 1. The proposed preliminary and final plat of The Shoreham 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. A variance is approved from the subdivision ordinance for a seven foot reduction of the drainage and utility easement, along the southeast property line, from the required ten feet, required by City Code, Section 26-154. Resolution No. 15-971 -3- b. Park dedication fees totaling $219,000 and trail dedication fees totaling $32,850 shall be paid to the City of St. Louis Park prior to the City signing the final plat. c. A financial secunty in the form of a cash escrow or letter of credit in the amount of $5,000 shall be submitted to the City to insure that a signed Mylar copy of the final plat is provided to the City and that iron monuments are placed at the property corners. d. An easement for any part of the sidewalk along France Avenue that is outside the existing right-of-way shall be granted to the City. Said easement shall be in a form approved by the City Attorney and said easement shall be executed pnor to the City signing the final plat. e. An agreement that specifies the Developer's requirement to maintain all sidewalks, boulevards, and trails adjacent to the development shall be executed prior to the City signing the final plat. f. An agreement that specifies the Developer's obligations related to the maintenance of France Avenue, adjacent to the development, shall be executed prior to the City signing the final plat. g Developer shall enter into a Planning and Development Contract prior to the A-', City signing the final plat and pnor to any land disturbing activities. h. The on-site underground storm water management system shall be pnvately- owned and privately maintained. Access to the system shall be provided to the City for clean-out and inspection purposes when warranted. Access points shall be covered by a drainage and utility easement, as provided on the final plat. • i. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Y 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 descnbed 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. Resolution N. 1 -071 1 • Reviewed for Ad ini ration -4- Adopted by the City Council May 18, 2015 City Manager Attest. Mayor