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HomeMy WebLinkAbout94- 103 - ADMIN Resolution - City Council - 1994/08/01f 1 RESOLUTION NO. 94- 10 3 A RESOLUTION APPROVING AN AMENDMENT TQ THE FINAL 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 HIGHWAY100 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, 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 reviewed the Preliminary PUD concept at the meeting of 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 Planning Commission reviewed the Final PUD at the meeting of November 1, 1993, and WHEREAS, the Planning Commission recommended approval of the Final 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, WHEREAS, Resolution No. 93-183 approving the PUD was approved by the City Council on November 15, 1993; and WHEREAS, an application for an amendment for a PUD was received on July 26, 1994, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Frauenshuh Companies has 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 Lots 6 and 7, Tower Place 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 and Conditions The Final 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 roadway improvement plans submitted as part of the Indirect Source Permit application by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 2) Approval by the City and execution of a development agreement between the City and Frauenshuh Companies which identifies responsibilities of each relating to the project. 3) Recording of the final plat of Tower Place by Hennepin County. 4) The Contract for Private Development between the Economic Development Authority (EDA) and Frauenshuh Companies is incorporated herein by reference City Council intent is to implement both the Contract for Private Redevelopment and the development agreement and give effect to all provisions of each, including but not limited to the EDA's right to review and approve Construction Plans as provided in Section 9.2 of said Contract for Private Development. 5) The approval of this Final PUD applies only to those elements listed, as Phase I improvements on Exhibit A - Master Plan Phase I to be completed by Frauenshuh Companies on Lots 6 and 7 and the right-of-way adjacent thereto up to the curb of the adjacent road. This condition is subject to the limitation that the total square footage of the retail and theater development shall not exceed the lesser of 47,200 square feet or the square footage allocated to this development in the Indirect Source Permit as may be amended from time to time. 6. The City reserves the right to require the applicant to install a pedestrian access from any bus stop to be located on the north side of Excelsior Boulevard west of Park Nicollet Boulevard to the development site. 7) Development Lots of 6-7 Tower Place and improvements on adjacent right-of-way up to the curb of the adjacent road shall be in accordance with the following exhibits: Exhibit A - Site Layout (Sheets C2.3) Exhibit B - Site Utilities (Sheets C3.3) Exhibit C - Site Grading (Sheets C4.3) Exhibit D - Site Planting (Sheet L2.3) Exhibit E - Site Lighting (Sheet El) Exhibit F - Building Elevations (Sheets A2.00R, A.202R, A2.03R, A2.04R) The Site Layout (Exhibit A) is approved with the condition that vehicles leaving the site from the driveway on Park Center Boulevard shall be prohibited from making left turns to south bound Park Center Boulevard. The Development Agreement shall make provision for on-going monitoring of the need for the left turn prohibition and removal of the left turn prohibition if such monitoring indicates the prohibition is unnecessary. The Site Layout is based on the assumption the driveway on Excelsior Boulevard will allow both ingress to and egress from the site. The Floor Plans on Exhibit F are illustrative in nature and are subject to modification without amending this resolution. 8) Condition number 7, Exhibit F is amended to delete Building Elevation Sheet A.202R and replace it with Building Elevation Sheet A-2 Reviewed for administration : 4603:RES7 Adopt d by the City Council August 1, 1994 Approved as to form and execution: 'lea Ace -- City Attorney