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Home My WebLink About93-73 - ADMIN Resolution - City Council - 1993/06/21RESOLUTION NO. 93-73 A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE, C-2 COMMERCIAL AND R -C HIGH DENSITY MULTIPLE FAMILY RESIDENCE DISTRICTS LOCATED AT THE NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND HIGHWAY 100 WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on April 5, 1993 from the applicants, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of May 5, 1993, and WHEREAS, notice of public hearing on the Preliminary PUD Plan was published in the St. Louis Park Sailor on May 5, 1993, and WHEREAS, the Planning Commission opened the public hearing at the meeting of May 17, 1993 and continued the hearing until June 2, 1993 and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision, BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Park Nicollet Medical Center Holdings and Frauenshuh Companies have made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the "0" Office, C-2 Commercial and R -C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Boulevard and Highway 100 for the legal description as follows, to -wit See Exhibit A - Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 93 -18 -PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance 3. The Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case File 93 -18 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. !Approval of the Final PUD Plan will be contingent upon approval of the street and highway improvement plan submitted by the applicants by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 2. Approval of the Final PUD Plan will be contingent upon approval of the Indirect Source Permit application as submitted, including the street and highway improvement plan, by the Minnesota Pollution Control Agency (PCA). 3. In the event congestion at the entry to the retail area from Park Nicollet Boulevard causes traffic to back up onto Excelsior Boulevard, the applicants shall be required to cooperate with the City to eliminate the backup. 4. The applicants shall hold the City harmless from any claims of applicants or applicants' tenants for damages allegedly arising from changes in streets or access as a result of implementation of the PUD Plan. 5. A cost sharing agreement with the applicants for required street and highway improvements shall be worked out prior to approval of the final PUD. 6. Park Nicollet Boulevard shall be designed to permit access by large emergency and transit bus vehicles to the site. 7. The City reserves the right to require applicants to develop and implement Travel Demand Management strategies as may be necessary to reduce parking demands on the site. 8. In the event congestion at the intersection of Park Center Boulevard with the driveway located immediately north of the retail -commercial components causes traffic to be delayed on Park Center Boulevard, the applicant shall be required to cooperate with the City to eliminate the delay. f r 13-73 9. Applicants shall provide a projection of traffic conditions which include Phase I development and background traffic increases through 2004 for their property and the immediately adjacent intersections. At the time that actual development of Phase II is proposed to start, the applicants shall provide an analysis of actual conditions for the site and environs, including the current trip generation rates and actual Level of Service conditions. Comparison of the actual conditions immediately prior to the beginning of Phase II with the projections will enable decisions regarding any necessary changes in the development in the street system at that time. 10. The applicants shall provide construction easements as necessary for the expansion of Park Center Boulevard to the east. 11. The remedial action program for groundwater contamination shall govern the placement of wells and related facilities. The exterior of any well house or appurtenant structures shall comply with the architectural control provisions of the Zoning Ordinance. 12. Pursuant to Section 14:6-7.5(F) of the Zoning Ordinance,the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. 13. The redevelopment agreements between Park Nicollet Medical Center, the Frauenshuh Company and the Economic Development Authority of the City of St. Louis Park are hereby acknowledged and shall be included by reference in the development agreement to be executed with the City of St. Louis Park. ATTEST: Reviewed for administration: 93-18-PUD:RES7 Adopted by the City Council June 21, 1993 6)/,/,/,„ Approved as to form and execution: 4.ecOettotSd City attorney EXHIBIT A -- LEGAL DESCRIPTION That part of the Northwest Quarter of Section 7, Township 28, Range 24, and that part of Lots 2. 3 and 4, Block 2, Park Center all in Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of the Northwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees 01 minute 32 seconds West, along the east line of said Northwest Quarter of Northwest Quarter. a distance of 514.50 feet; thence South 66 degrees 54 minutes 19 seconds Best. 6.20 feet; thence South 0 degrees 01 minute 32 seconds west. parallel with said east line. 255.25 feet to the said northwesterly right of way line: thence South 66 degrees 54 minutes 19 seconds West, along said right of way line, 863.57 feet to the easterly line of Minnesota Department of Transportation Right of Way Plat No. 27-10: thence North 19 degrees 09 minutes 41 seconds West, along said east line, 8.26 feet; thence South 69 degrees 30 minutes 16 seconds West, along the northwoeterly right of way line of Excelsior Boulevard, per said Plat No. 27-10, a distance of 281.16 feet; thence Northwesterly, Northerly and Easterly along the easterly line of said Plat No. 27-10, to the most easterly angle point in said easterly line on the southerly side of 39 1/2 Street; thence North 0 degrees 22 minutes 41 seconds East, along the easterly line of said Plat No. 27-10, a distance of 33.00 feet to a line Parallel with and distant 443.71 feet southerly of the north line of said northwest Quarter, said 443.71 feet measured along the west line of said Northwest euarter: thence South 89 degrees 18 minutes 10 seconds East, along said parallel line, 238.00 feet to its intersection with a line parallel with and distant 924.00 feet west of the east line of the said Northwest Quarter of Northwest Quarter; thence North 0 degrees 01 minute 32 seconds East, along last described parallel line, 467.71 feet to its intersection with a line parallel with and distant 24.00 feet north of the south line of Block 2, Park Center; thence South 89 degrees 18 minutes 10 seconds East, along last described parallel line, 501.25 feet to its intersect with a line parallel with and distant 423.00 feet westerly of the east line of said Block 2, said 423.00 feet measured along the north line of the South 24.00 feet of said Block 2; thence North 0 degrees 28 minutes 43 seconds East, parallel with the east line of said Block 2. a distance of 206.00 feet; thence South 89 degrees 18 minutes 10 seconds East. parallel with the south line of said Block 2, a distance of 423.00 feet to said east line; thence Southerly. along said east line 230.00 feet to the point of beginning. SubJect to easements. Case No. 93-16-S and Case No. 93 -18 -PUD EXHIBIT A -- LEGAL DESCRIPTION That part of the Northwest Quarter of Section 7, Township 28, Range 24, and that part of Lots 2, 3 and 4, Block 2, Park Center all in Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of the Northwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees 01 minute 32 seconds West, along the east line of said Northwest Quarter of Northwest Quarter. a distance of 514.50 feet; thence South 66 degrees 54 minutes 19 seconds West. 6.20 feet; thence South 0 degrees 01 minute 32 seconds west, parallel with said east line. 255.25 feet to the said northwesterly right of way line: thence South 66 degrees 54 minutes 19 seconds West, along said right of way line. 863.37 feet to the easterly line of Minnesota Department of Transportation Right of way Plat No. 27-10; thence North 19 degrees 09 minutes 41 seconds West, along said east line, 8.26 feet; thence South 69 degrees 30 minutes 16 seconds West, along the northwesterly right of way line of Excelsior Boulevard, per said Plat No. 27-10, a distance of 281.16 feet; thence Northwesterly, Northerly and Easterly along the easterly line of said Plat No. 27-10, to the most easterly angle point in said easterly line on the southerly side of 39 1/2 Street; thence North 0 degrees 22 minutes 41 seconds East, along the easterly line of said Plat No. 27-10, a distance of 33.00 feet to a line Parallel with and distant 443.71 feet southerly of the north line of said Northwest Quarter, said 443.71 feet measured along the west line of said Northwest Quarter: thence South 84 degrees 18 minutes 10 seconds East, along said parallel line, 238.00 feet to its intersection with a line parallel with and distant 924.00 feet west of the east line of the said Northwest Quarter of Northwest Quarter; thence North 0 degrees 01 minute 32 seconds East, along last described parallel line, 467.71 feet to its intersection with a line parallel with and distant 24.00 feet north of the south line of Block 2, Park Center; thence South 89 degrees 18 minutes 10 seconds East, along last described parallel line, 501.25 feet to its intersect with a line parallel with and distant 423.00 feet westerly of the east line of said Block 2, said 423.00 feet measured along the north line of the South 24.00 feet of said Block 2; thence North 0 degrees 28 minutes 43 seconds East, parallel with the east line of said Block 2. a distance of 206.00 feet; thence South 89 degrees 18 minutes 10 seconds East. parallel with the south line of said Block 2, a distance of 423.00 feet to said east line; thence Southerly. along said east line 230.00 feet to the point of beginning. subject to easements. Case No. 93-16-S and Case No. 93 -18 -PUD