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HomeMy WebLinkAbout18-047 - ADMIN Resolution - City Council - 2018/03/05RESOLUTION NO. 18-047 RESOLUTION APPROVING FINAL PLAT OF PLATIA PLACE 9808 AND 9920 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. SLP Venture Properties, subdivider of the land proposed to be platted as Platia Place has submitted an application for approval of final plat 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 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 lands legally described in “Exhibit A”. Conclusion The proposed final plat of Platia Place 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 and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the City Council resolution, Official Exhibits, Development Agreement and City Code. 2. This approval is subject to city approval of the vacation of the easterly and southerly right- of-way parcels, and the developer successfully acquiring said vacated right-of-way parcels from the St. Louis Park Economic Development Authority. 3. 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 façade materials. 4. Prior to the city signing the final plat, the following conditions shall be satisfied: a. The developer shall pay to the city the park dedication fee of $289,295 and trail dedication fee of $33,525 to the City of St. Louis Park prior to the city signing the final plat. b. 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. c. A development agreement shall be executed between the City and Developer that addresses, at a minimum: i. The installation of all public improvements including, but not limited to: public utilities, sidewalks, boulevards, and the execution of necessary easements related to such improvements. ii. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. Resolution No. 18-047 2 iii. 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 public and site landscaping. iv. The applicant shall reimburse City Attorney’s fees in drafting/reviewing such documents. 5. Prior to starting any land disturbing activities, excluding demolition of private structures on the site, 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 shall be signed by the applicant and property owner. 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 appropriate development, construction, private utility, and City representatives. f. All necessary permits shall 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, boulevards, utilities, street lights, road repair, landscaping, irrigation, etc.) and the private site landscaping. 6. Prior to issuance of any building permits (excluding demolition of private structures on the site), the following conditions shall be met: a. Proof of recording the final plat shall be submitted to the City. b. Assent Form and Official Exhibits shall be signed by the applicant and property owner(s). c. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. d. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. e. All necessary permits must be obtained. f. 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, road repair, landscaping, irrigation, etc.) and private site landscaping. g. The developer and contractor shall follow the procedures and requirements for this development as required for Demolition and New Construction of single-family homes are required to do under City Code 6-71 Construction Management Plan. 7. The developer shall comply with the following conditions during construction: a. All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on Sundays and holidays. Limited exceptions to these construction hours may be permitted if the City issues a noise permit. b. The site shall be kept free of dust and debris that could blow onto neighborhood properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The city shall be contacted a minimum of 72 hours prior to any work in a public street. Resolution No. 18-047 3 e. Work in a public street shall take place only upon the determination by the Director of Engineering (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. g. Temporary utility connections shall not adversely impact surrounding neighborhood service. 8. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to the City Code of Ordinances, the City requires execution of a development agreement as a condition of approval. The Mayor and City Manager are authorized to execute the development agreement upon final approval of the applications required for the development. Reviewed for Administration: Adopted by the City Council March 5, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Resolution No. 18-047 4 EXHIBIT A: LEGAL DESCRIPTION Parcel 1: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at a point on the most Southerly line of Lot 1, Block 7, SHELARD PARK distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4, said Block 7; thence South 2 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of said Lot 4, a distance 119.74 feet; thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 mintues 59 seconds East a distance of 198.98 feet to the point of beginning. Together with the adjacent portion of that part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 West, shown as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 27-23, lying Northerly of Line 1 described below: Line 1: Beginning at Right of Way Boundary Corner B211 as shown on said Plat No. 27-23; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said plat a distance of 214.28 feet to Right of Way Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds for 93.00 feet; thence deflect to the left for 350.87 feet on a non-tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of Parcel 44 hereinbefore described; thence on an azimuth of 01 degrees 05 minutes 15 seconds for 7.37 feet to the Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. Parcel 2: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at a point of the most Southerly line of Lot 1, Block 7, SHELARD PARK distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 144.56 feet; thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East, a distance of 198.98 feet to the point of beginning. Together with the adjacent portion of that part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117 North, Range 22 West, shown as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 27-23, lying Northerly of Line 1 described below: Resolution No. 18-047 5 Beginning at Right of Way Boundary Corner B211 as shown on said Plat No. 27-23; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said plat a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds for 93.00 feet; thence deflect to the left for 350.87 feet on a non-tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of Parcel 44 hereinbefore described; thence on an azimuth of 01 degree 05 minutes 15 seconds for 7.37 feet to the Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. Parcel One: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, and that part of Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 27- 23, which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line; westerly of the southerly extension of the West line of Lot 4, Block 7, SHELARD PARK; southerly and easterly of the following described line: Commencing at a point on the most Southerly line of Lot 1, Block 7, SHELARD PARK distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 01 degree 11 minutes 16 seconds West) along said most Southerly line of Lot 1 and its Easterly extension 317.55 feet to the Northerly extension of the West line of Lot 4, said Block 7; thence South 02 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4 a distance of 119.74 feet to the point of beginning of the line being described; thence South 64 degrees 01 minute 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West 139.87 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement; thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44, and there terminating; and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence Northerly on an azimuth of 00 degrees 13minutes 27 seconds along the West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of Way BoundaryCorner B211 and the point of beginning of the line being described; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet; thence deflect to the left 350.87 feet on a non-tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc. No. T2062170 in Torrens Case No. 19207. Parcel Two: Resolution No. 18-047 6 That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, and that part of Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 27- 23, which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line; easterly of the West line of said Southeast Quarter of the Northeast Quarter of Section 1; southerly and westerly of the following described line: Commencing at a point on the most Southerly line of Lot 1, Block 7, SHELARD PARK distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 01 degree 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 01 degree 11 minutes 16 seconds West along said West line 144.56 feet to a point 2.37 feet north of Right of Way Boundary Corner B211 as shown on said Plat No. 27-23, and the point of beginning of the line being described; thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East 104.50 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement; thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44, and there terminating; And northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet; thence deflect to the left 350.87 feet on a non-tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc. No. T2062169 in Torrens Case No. 17713. That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 described as follows: Beginning at right of way Boundary corner B3; thence on an assumed azimuth of 1 degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85 feet to Right of Way Boundary Corner B4; thence deflect to the right 83.74 feet along a non-tangential curve concave to the northwest and passing through Right of Way Boundary Corner B5, having a radius of 2083.24 feet, central angle of 2 degrees 18 minutes 11 seconds, chord azimuth of 48 degrees 18 minutes 24 seconds and chord distance of 83.73 feet; thence on an azimuth of 91 degrees 27 Resolution No. 18-047 7 minutes 32 seconds a distance of 98.89 feet; thence southwesterly deflecting to the right on a non- tangential curve concave to the northwest having a radius of 788.53 feet, delta angle of 15 degrees 42 minutes 58 seconds, and a chord azimuth of 229 degrees 07 minutes 59 seconds and chord distance of 215.62 feet to the East line of parcel 44 as shown on said plat 27-23; thence north along said East line of Parcel 44 to the point of beginning. That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 which lies southwesterly and southerly of Line 1, said Line 1 being described as follows: Line 1: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet; thence deflect to the left 350.87 feet on a non-tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. And northerly of the following described line and its easterly extension: Commencing at the point of intersection of the West line of the Southeast Quarter of the Northeast Quarter of said Section 1 with the most southerly line of Lot 1, Block 7, SHELARD PARK; thence on an assumed bearing of South 0 degrees 39 minutes 11 seconds West along said West line a distance of 187.99 feet to the point of beginning of the line being described; thence along a non- tangential curve concave to the northeast having a radius of 788.53 feet, central angle of 7 degrees 43 minutes 57 seconds, chord bearing of South 78 degrees 42 minutes 56 seconds East to its intersection with the most westerly extension of the southerly line of said Parcel 44; thence easterly along said extension of the most southerly line of said Parcel 44 to its intersection with Line 1 described above, and said line there ending.