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HomeMy WebLinkAbout15-072 - ADMIN Resolution - City Council - 2015/05/18RESOLUTION NO. 15-072 RESOLUTION GRANTING APPROVAL OF PRELIMINARY PLAT WITH SUBDIVISION VARIANCES FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS PARK COMMONS WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Oppidan Development, subdivider of the land proposed to be platted as Park Commons West has submitted an application for approval of preliminary 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 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 preliminary and final plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota. And: Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet Northeasterly from its intersection with the Westerly line of the Northeast Quarter of the Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota; thence Northwesterly at nght angles from the center line of said Excelsior Avenue a distance of 310.0 feet; thence Northeasterly along a line parallel to said center line to the most Westerly comer of Registered Land Survey No. 832, thence Southeasterly along the Westerly line of said Registered Land Survey and its extension Southeasterly to the center line of Excelsior Avenue, thence Southwesterly along said center line to the place of beginning; all in said Section 7, Township 28, Range 24, according to the United States Government Survey thereof and situate in 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. 5. Granting the variances will not be detnmental to the public health, safety, and welfare or injunous to other property in the temtory in which the property is situated. Granting vanances to allow 5.0 feet wide perimeter drainage and utility easements along the north, east, and west property lines of Lot 1, Block 1 on the Plat will not impair the ability to accommodate needed utilities to serve the development. The present road nght-of-way and proposed drainage and utility easements will accommodate existing and proposed utilities. 6. The vanances correct inequities resulting from the topography of the site. Resolution No. 15-072 -2- 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 vanances. Conclusion 1. The proposed preliminary plat with subdivision vanances of Park Commons West 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. The final plat application shall be consistent with the City Council resolution, Official Exhibits, Development Agreement and City Code. B. 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. C. Tree replacement and park and trail dedication fees shall be paid to the City of St. Louis Park. D A financial secunty 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. E. A permanent shared parking agreement between the commercial and residential uses shall be recorded upon filing of the final plat and pnor to issuance of building permits for the development. Said agreement shall be in a form approved by the City Attorney F. A development agreement shall be executed, if final plat and final PUD applications are approved, between the City and Developer that addresses, at a minimum: 1) A performance guarantee for 1.25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, landscaping and irrigation. 2). The applicant shall reimburse City attorney's fees in drafting and reviewing such documents as required in the final plat approval. 3). Prior to starting any land disturbing activities (excluding building demolition), the following conditions shall be met: a. City approval of the final plat. b. Proof of recording the final plat shall be submitted to the City. c. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). d. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. e. A preconstruction meeting shall be held with the appropnate development, construction, private utility, and City representatives f. All necessary permits must be obtained. g. 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 (sidewalks, utilities, Resolution No. 15-072 -3- street lights, landscaping, irrigation, etc.) and the pnvate site landscaping. h. Encroachment agreement that assigns to the property owner the responsibility and costs for removing decks and stairs located upon or above public easements and other related costs for public use and maintenance of the easements G. Pnor 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 the applicant and property owner(s). 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 appropriate development, construction, private 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 (sidewalks, utilities, street lights, landscaping, imgation, etc) and private site landscaping. 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 described and shall entitle such plat to be placed on record forthwith without further formality. The ity lerk is instructed to record certified copies of this resolution in the Office of the Henn:. in I ounty Register of Deeds or Registrar of Titles as the case may be. Reviewer fo Aministration. Ad Attest: City ' lerk d by t ity Council May 18, 2015 Mayo s RECEIVED EL 1 3 2015 OFFICE OF THE CI ri Y CLERK Deputy 17 IIIfl II Hill 1101 Hill II II IIII iII Doc No A10208103 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 feS0ii,Cfpyri AJo. /5-0174 Pkg ID 1259852D Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document • ST.CITY LOUIOF S 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 origmal Resolution No. 15-072 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. Meliss. ermedy City Clerk Date. June 4, 2015 • RESOLUTION NO. 15-072 RESOLUTION GRANTING APPROVAL OF PRELIMINARY PLAT WITH SUBDIVISION VARIANCES FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS PARK COMMONS WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Oppidan Development, subdivider of the land proposed to be platted as Park Commons West has submitted an application for approval of preliminary 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 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 preliminary and final plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota. And: Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet Northeasterly from its intersection with the Westerly line of the Northeast Quarter of the Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota; thence Northwesterly at nght angles from the center line of said Excelsior Avenue a distance of 310 0 feet; thence Northeasterly along a line parallel to said center line to the most Westerly comer of Registered Land Survey No. 832; thence Southeasterly along the Westerly line of said Registered Land Survey and its extension Southeasterly to the center line of Excelsior Avenue; thence Southwesterly along said center line to the place of beginning; all in said Section 7, Township 28, Range 24, according to the Umted States Government Survey thereof and situate in 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. 5. Granting the variances 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 vanances to allow 5 0 feet wide penmeter drainage and utility easements along the north, east, and west property lines of Lot 1, Block 1 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 proposed utilities 6. The vanances correct inequities resulting from the topography of the site. Resolution No. '15-072 -2- 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 preliminary plat with subdivision variances of Park Commons West 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. The final plat application shall be consistent with the City Council resolution, Official Exhibits, Development Agreement and City Code. B. All utility service structures shall be buned. If any utility service structure cannot be buned (i.e. electnc transformer), it shall be integrated into the building design and 100% screened from off-site. C. Tree replacement and park and trail dedication fees shall be paid to the City of St Louis Park. D. 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. E. A permanent shared parking agreement between the commercial and residential uses shall be recorded upon filing of the final plat and prior to issuance of building permits for the development. Said agreement shall be in a form approved by the City Attorney F. A development agreement shall be executed, if final plat and final PUD applications are approved, between the City and Developer that addresses, at a minimum. 1) A performance guarantee for 1.25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, landscaping and imgation. 2). The applicant shall reimburse City attorney's fees in drafting and reviewing such documents as required in the final plat approval. 3). Pnor to starting any land disturbing activities (excluding building demolition), the following conditions shall be met: a. City approval of the final plat. b. Proof of recording the final plat shall be submitted to the City. c. Assent Form and' Official Exhibits must be signed by the applicant and property owner(s). d. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. e. A preconstruction meeting shall be held with the appropnate development, construction, pnvate utility, and City representatives. f. All necessary permits must be obtained. g 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 (sidewalks, utilities, a ? t • • Resolution No. 15-072 -3- street lights, landscaping, irrigation, etc.) and the private site landscaping h. Encroachment agreement that assigns to the property owner the responsibility and costs for removing decks and stairs located upon or above public easements and other related costs for public use and maintenance of the easements. G. 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 the applicant and property owner(s). 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, private utility, and City representatives. 5) All necessary permits must be -obtained. 6) A performance guarantee m the form of cash escrow or irrevocable letter of credit shall be provided to the City of St Louis Park for all public improvements (sidewalks, utilities, street lights, landscaping, imgation, etc) and pnvate site -landscaping. 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 ity lerk is instructed to record certified copies of this resolution in the Office of the Hennepin 1 ounty Register of Deeds or Registrar of Titles as the case may be. Reviewe. fo Ai'ministration• Ad • : - d byity Council May 18, 2015 7 i, City Man Mayo Existing Certs 1175875 RECEIVED °"11 / 3 2015 OFFICE OF THE C8 N CLERK Deputy 17 III@i IIA IIY III Cert•,red, filed and/or recorded on Jun 24, 2015 10 00 AM ,Office of the Registrar of Titles Hennepin County, Minnesota fiartin McCormick, Registrar of Titles Mfirk Chapin, County Auditor and Treasurer ee50kc-steg-V. Ak, f5'0%9- Pkg ID 1260033D Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document • ST CITLOUIY OF S PARK • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST LOUIS PARK ) ss The undersigned hereby certifies the following. "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the onginal Resolution No. 15-072 adopted May 18, 2015 and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Melissa'Kennedy City Clerk Date: June 4, 2015 i -- RESOLUTION RESOLUTION NO. 15-072 //75??$ RESOLUTION GRANTING APPROVAL OF PRELIMINARY PLAT WITH SUBDIVISION VARIANCES FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS PARK COMMONS WEST BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Oppidan Development, subdivider of the land proposed to be platted as Park Commons West has submitted an application for approval of preliminary 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 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 preliminary and final plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit. Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota. And. Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet Northeasterly from its intersection with the Westerly line of the Northeast Quarter of the Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota, thence Northwesterly at nght angles from the center line of said Excelsior Avenue a distance of 310.0 feet; thence Northeasterly along a line parallel to said center line to the most Westerly comer of Registered Land Survey No. 832; thence Southeasterly along the Westerly line of said Registered Land Survey and its extension Southeasterly to the center line of Excelsior Avenue; thence Southwesterly along said center line to the place of beginning; all in said Section 7, Township 28, Range 24, according to the United States Government Survey thereof and situate in 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. 5. Granting the variances will not be detnmental to the public health, safety, and welfare or injunous to other property in the territory in which the property is situated. Granting vanances to allow 5.0 feet wide penmeter drainage and utility easements along the north, east, and west property lines of Lot 1, Block 1 on the Plat will not impair the ability to accommodate needed utilities to serve the development. The present road nght-of-way and proposed drainage and utility easements will accommodate existing and proposed utilities 6. The variances correct inequities resulting from the topography of the site. Resolution Nq 15-072 -2- 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 variances. Conclusion 1. The proposed preliminary plat with subdivision variances of Park Commons West 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. The final plat application shall be consistent with the City Council resolution, Official Exhibits, Development Agreement and City Code. B. 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 C. Tree replacement and park and trail dedication fees shall be paid to the City of St. Louis Park. D. A financial secunty 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. E. A permanent shared parking agreement between the commercial and residential uses shall be recorded upon filing of the final plat and prior to issuance of building permits for the development. Said agreement shall be in a form approved by the City Attorney. F. A development agreement shall be executed, if final plat and final PUD applications are approved, between the City and Developer that addresses, at a minimum: 1) A performance guarantee for 1 25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, landscaping and imgation. 2). The applicant shall reimburse City attorney's fees in drafting and reviewing such documents as required in the final plat approval 3) Pnor to starting any land disturbing activities (excluding building demolition), the following conditions shall be met: a. City approval of the final plat. b Proof of recording the final plat shall be submitted to the City c. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). d. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. e. A preconstruction meeting shall be held with the appropnate development, construction, pnvate utility, and City representatives. f. All necessary permits must be obtained. g. 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 (sidewalks, utilities, 6 6 • Resolution leo. 15.1072 -3- street lights, landscaping, irrigation, etc.) and the private site landscaping h. Encroachment agreement that assigns to the property owner the responsibility and costs for removing decks and stairs located upon or above public easements and other related costs for public use and maintenance of the easements. G. 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 the applicant and property owner(s) 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, private utility, and City representatives. 5) All necessary permits must be obtained 6) A performance guarantee m the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, utilities, street lights, landscaping, imgation, etc.) and pnvate site landscaping. 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 ity lerk is instructed to record certified copies of this resolution in the Office of the Henn .pin • ounty Register of Deeds or Registrar of Titles as the case may be. Reviewe. fo Aministration. Ad • : - d by t ity Council May 18, 2015 City Man Mayo