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HomeMy WebLinkAbout16-047 - ADMIN Resolution - City Council - 2016/03/21RESOLUTION NO. 16-047 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF ARLINGTON ROW APARTMENTS EAST FOR PROPERTY ON THE 7700 BLOCK OF WAYZATA BOULEVARD BETWEEN RHODE ISLAND AND PENNSYLVANIA AVENUE BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Melrose Company has submitted an application for approval of preliminary and final plat for land on the 7700 block of Wayzata Boulevard in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. A variance is approved from the subdivision ordinance for the elimination of the drainage and utility easement, along the southern property line, from the required ten feet, required by City Code, Section 26-154 3. 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. 4. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, legally described on "Exhibit A". Conclusion 1. The proposed preliminary and final plat with variance of Arlington Row Apartments East 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 shall be consistent with the City Council resolution, Official Exhibits, Planning Development Agreement and City Code. b. The on-site underground storm water management system shall be privately owned and privately maintained. An agreement providing access to the system shall be provided to the City for emergency clean-out and inspection purposes when warranted. e. 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 with materials consistent with the primary fagade materials. d. Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County: i. Park dedication fees totaling $30,000 and trail dedication fees totaling $4,500 shall be paid to the City of St. Louis Park. Resolution No. 16-047 -2- ii. A financial security in the form of a cash escrow or letter of credit in the amount of $6,000 shall be submitted to the City to insure the following: a) A signed Mylar copy of the final plat is provided to the City. b) Iron monuments are installed marking the lot corners iii. A Planning Development Contract shall be executed between the City and Developer that addresses, at a minimum: a) The installation of all public improvements including, but not limited to: sidewalks and boulevards, utility work, and street maintenance and repair and the execution of necessary easements related to such improvements. b) The installation of private improvements including, but not limited to: landscaping, a privately owned and privately maintained underground storm water management system and a maintenance agreement for said storm water management system. c) A performance guarantee for 1.25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, and the private site stormwater management system and landscaping. iv. A public easement for the sidewalk along the interior lot line on the west side of the lot shall be granted to the City. Said easement shall be in a form approved by the City Attorney and said easement shall be executed. V. The applicant shall reimburse City Attorney's fees in drafting/reviewing such documents as required in the final plat approval. e. Prior to starting any land disturbing activities, excluding demolition, the following conditions shall be met: i. Proof of recording the final plat shall be submitted to the City. ii. Assent Form and Official Exhibits must be signed by the applicant and property owner. iii. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. iv. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. V. All necessary permits must be obtained. vi. Utilities easements must be agreed upon by all appropriate utility companies. vii. 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, boulevards, landscaping, etc.) and the private site stormwater management system and landscaping. f. 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, 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. Resolution No. 16-047 -3- 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 Clerk is instructed to record certified copies of this resolution in the Office of the He epi County Register of Deeds or Registrar of Titles as the case may be. for Administration: City Manager Attest: Metis a Kerney, City Clerk Adopted by the City Council March 21, 2016 Resolution No. 16-047 -4- EXHIBIT A ARLINGTON ROW APARTMENTS EAST LEGAL DESCRIPTION: That part of Lot 2, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 2, distant 112.56 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 2, distant 113.07 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 3, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 3, distant 113.07 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 3, distant 113.58 feet northerly of the southeast comer thereof and there terminating. AND That part of Lot 4, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 4, distant 113.58 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 4, distant 114.09 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 5, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 5, distant 114.09 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 5, distant 114.60 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 6, Block 1, Perm-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 6, distant 114.60 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 6, distant 115.11 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 7, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 7, distant 115.11 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 7, distant 115.62 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 8, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 8, distant 115.62 feet northerly of the southwest corner thereof; thence easterly to a point on the east line of said Lot 8, distant 116.13 feet northerly of the southeast corner thereof and there terminating. (to be platted as Lot 1, Block 1, ARLINGTON ROW APARTMENTS WEST) Existing Certs 1407232 111111111111111111111111111111111111111111111111111111 Doc No T05347195 Certified, filed and/or recorded on May 4, 2016 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 KQS. IVB Aa -617 Pkg ID 1388512M Document Recording Fee $46.00 Document Total $46.00 z> J1EIVE 5 L4.. �J This cover sheet is now a permanent part of the recorded document. RESOLUTION NO. 16-047 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF ARLINGTON ROW APARTMENTS EAST FOR PROPERTY ON THE 7700 BLOCK OF WAYZATA BOULEVARD BETWEEN RHODE ISLAND AND PENNSYLVANIA AVENUE BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Melrose Company has submitted an application for approval of preliminary and final plat for land on the 7700 block of Wayzata Boulevard in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. A variance is approved from the subdivision ordinance for the elimination of the drainage and utility easement, along the southern property line, from the required ten feet, required by City Code, Section 26-154 3. 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. 4. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, legally described on "Exhibit A". Conclusion 1. The proposed preliminary and final plat with variance of Arlington Row Apartments East 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 shall be consistent with the City Council resolution, Official Exhibits, Planning Development Agreement and City Code. b. The on-site underground storm water management system shall be privately owned and privately maintained. An agreement providing access to the system shall be provided to the City for emergency clean-out and inspection purposes when warranted. c. 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 with materials consistent with the primary fagade materials. d. Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County: i. Park dedication fees totaling $30,000 and trail dedication fees totaling $4,500 shall be paid to the City of St. Louis Park. Resolution No. 16-047 -2- ii. A financial security in the form of a cash escrow or letter of credit in the amount of $6,000 shall be submitted to the City to insure the following: a) A signed Mylar copy of the final plat is provided to the City. b) Iron monuments are installed marking the lot corners iii. A Planning Development Contract shall be executed between the City and Developer that addresses, at a minimum: a) The installation of all public improvements including, but not limited to: sidewalks and boulevards, utility work, and street maintenance and repair and the execution of necessary easements related to such improvements. b) The installation of private improvements including, but not limited to: landscaping, a privately owned and privately maintained underground storm water management system and a maintenance agreement for said storm water management system. c) A performance guarantee for 1.25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, and the private site stormwater management system and landscaping. iv. A public easement for the sidewalk along the interior lot line on the west side of the lot shall be granted to the City. Said easement shall be in a form approved by the City Attorney and said easement shall be executed. V. The applicant shall reimburse City Attorney's fees in drafting/reviewing such documents as required in the final plat approval. e. Prior to starting any land disturbing activities, excluding demolition, the following conditions shall be met: i. Proof of recording the final plat shall be submitted to the City. ii. Assent Form and Official Exhibits must be signed by the applicant and property owner. iii. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. iv. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. V. All necessary permits must be obtained. vi. Utilities easements must be agreed upon by all appropriate utility companies. vii. 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, boulevards, landscaping, etc.) and the private site stormwater management system and landscaping. f. 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, 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. Resolution No. 16-047 -3- 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 Clerk is instructed to record certified copies of this resolution in the Office of the He epi County Register of Deeds or Registrar of Titles as the case may be. for Administration: City Manager Attest: 4e1sa Kenne y, City Clerk i 7 Adopted by the City Council March 21, 2016 EXHIBIT A ARLINGTON ROW APARTMENTS EAST LEGAL DESCRIPTION: That part of Lot 2, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 2, distant 112.56 feet northerly of the southwest corner thereof; thence easterly to a point on the east line of said Lot 2, distant 113.07 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 3, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 3, distant 113.07 feet northerly of the southwest corner thereof; thence easterly to a point on the east lite of said Lot 3, distant 113.58 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 4, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 4, distant 113.58 feet northerly of the southwest corner thereof; thence easterly to a point on the east line of said Lot 4, distant 114.09 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 5, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 5, distant 114.09 feet northerly of the southwest corner thereof; thence easterly to a point on the east line of said Lot 5, distant 114.60 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 6, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 6, distant 114.60 feet northerly of the southwest corner thereof, thence easterly to a point on the east line of said Lot 6, distant 115.11 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 7, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 7, distant 115.11 feet northerly of the southwest corner thereof; thence easterly to a point on the east line of said Lot 7, distant 115.62 feet northerly of the southeast corner thereof and there terminating. AND That part of Lot 8, Block 1, Penn-Zayta, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered, lying southerly of the following described line: Beginning at a point on the west line of said Lot 8, distant 115.62 feet northerly of the southwest corner thereof; thence easterly to a point on the east line of said Lot 8, distant 116.13 feet northerly of the southeast corner thereof and there terminating. (to be platted as Lot 1, Block 1, ARLINGTON ROW APARTMENTS WEST)