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HomeMy WebLinkAbout96-71 - ADMIN Resolution - City Council - 1996/05/061 RESOLUTION NO. 96-71 A RESOLUTION RESCINDING RESOLUTION NO. 96-38 ADOPTED ON MARCH 18, 1996 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 C-2, GENERAL COMMERCIAL DISTRICT, AND AMENDING CONDITIONS 1.C. AND 5.H LOCATED AT 1625 ZARTHAN AVENUE WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) was received on October 16, 1995 from the applicant, and WHEREAS, the application was formally accepted by staff as complete on November 27, 1995, 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 property owners in the vicinity who had expressed interest in this PUD, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of November 15, 1995, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on November 22, 1995, and WHEREAS, the Planning Commission opened the public hearing and took testimony at the meeting of December 6, 1995 and continued the public hearing to December 20, 1995, and WHEREAS, the Planning Commission continued the public hearing on December 20, 1995, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD subject to 22 conditions of approval on a 4-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council discussed the Preliminary PUD at its January 8, 1996 Study Session and provided direction to the applicant on revising the plans to address outstanding issues, and WHEREAS, the City Council at its January 16, 1996 meeting, deferred action on the Preliminary PUD until its February 5, 1996 meeting because certain materials relating to plan revisions had not been received in sufficient time to allow staff an opportunity for meaningful review and to allow additional time to resolve outstanding issues, and WHEREAS, revised Preliminary Planned Unit Development plans with significant revisions were received on January 22, 1996 and February 6, 1996 and WHEREAS, notice of an additional public hearing on the revised 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 the public hearing on the significantly revised Preliminary PUD Plan was published in the St. Louis Park Sailor on February 7, 1996 , and WHEREAS, the City Council opened the public hearing at the meeting of February 20, 1996, 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, the City Council adopted Resolution No. 96-38 approving the Preliminary PUD on March 18, 1996, and WHEREAS, the City Staff were informed on April 12, 1996 that certain environmental remediation would be necessary and such remediation affects the timing process of demolition of the existing building and results in the need to amend the conditions of preliminary approval. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Ryan Construction Company has made application to the City Council for approval of a Preliminary Planned Unit Development approval under Section 14:6-7 of the St. Louis Park Ordinance Code within the C-2, General Commercial District located at 1625 Zarthan Avenue for the legal description as follows, to -wit: See Exhibit A - Legal Description 2. The City Council has considered the advise and recommendation of the Planning Commission (Case No. 95 -51 -PUD) and the effect of the proposed Preliminary Preliminary 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, with specific consideration given to the Plan By Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Preliminary 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 Preliminary 2 T 1 PUD is in harmony with the general provisions, 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 95 -51 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion NOW THEREFORE BE IT RESOLVED that Resolution No. 96-38 is hereby rescinded and replaced by this resolution which continues and amends a Preliminary Planned Unit Development at the location described in paragraph 1 of the above findings based on the findings set forth above and subject to the following conditions (conditions 1.c. and 5.h. are amended): 1. Issuance of demolition and erosion control permits shall be subject to the following onditions as required in the Environmental Assessment Worksheet (EAW) Resolution and modified as follows: a. Demolition, hauling and construction activities shall be limited to the hours between 7:00 a.m. and 4.00 p.m. on weekdays and 9:00 a.m. and 4:00 p.m. on weekends and holidays. b. Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only. c. During demolition of the existing buliding, the western wall of the building shall be left intact as a sound barrier for as long as practicable. Use of explosives shall be prohibited. e. All demolition and construction equipment shall utilize state of the art muffler systems. f. On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. 2. Approval of the Preliminary and Final Planned Unit Development and Plat shall be subject to the developer meeting the following conditions as required in the EAW Resolution and modified as follows - a. Installation of all roadway improvements associated with anticipated traffic from the proposed use and dedication of public right-of-way to accommodate public infrastructure . b. Adjustments to existing traffic lights, street lights and other utilities. 3 c. Installation of sidewalks along the length of Cedar Lake Road, Park Place Boulevard and 16th Street adjacent to the project and connecting to public plaza areas within the site. d. Dedication of drainage and utility easements to a depth of 10 feet back from planned right-of-way or 1 foot beyond required perimeter sidewalks, whichever is greater. e. Installation of on-site directional signs to I-394 and Highway 100 to prevent unnecessary traffic in residential neighborhoods f. Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). g. Overnight parking of vehicles, semi -trailers, refrigeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays. h. Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on exterior walls facing residential neighborhoods. In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, Operation of these fans shall be terminated until compliance with the City of St. Louis Park Noise Ordinance is achieved. An exterior lighting plan shall be required and shall ensure compliance with ordinance provisions and prevention of unnecessary overnight site lighting. j. Compliance with all applicable City ordinance provisions shall be required unless alternatives are specifically approved as part of a Preliminary and Final Planned Unit Development approval. 3. The following modifications to ordinance requirements are granted as part of the Preliminary PUD approval: a. - Bufferyards are not required between drive through facilities and adjacent properties that are part of the Preliminary PUD. b. The temporary hoop structures associated with the outdoor sales area are not required to be architecturally integrated with the principal building (utilize same building materials) provided masonry walls surrounding the outdoor sales area are provided as shown on the approved Preliminary PUD plans. c. A Bufferyard "D" may be substituted for the required Bufferyard "F' between the truck circulation and loading areas for the Retail 2 building on Lot 5 and Park Place Boulevard. d. Buildings are not required to utilize at least 60% brick or other natural stone on each building face but are approved with percentages of brick ranging from 36% to 68% as shown on the approved Preliminary PUD plans. 4 e. Buildings on Lots 2 and 3 may have more than 5% bright, pure accent colors on each facade and are approved with the percentages of accent colors shown on colored elevations stamped as received by the City on March 15, 1996. f. The area of all wall signs may exceed 7% of the building wall area but may not exceed the wall sign area shown on the approved Preliminary PUD plans. g. Individual wall signs may exceed 150 square feet but may not exceed the individual wall sign areas shown on the approved Preliminary PUD plans. h. Two free standing off -premise signs (signs which advertise uses on other properties) advertising uses on properties within the approved Preliminary PUD are allowed as shown on the approved Preliminary PUD plans. i. The maximum size of the freestanding off premise sign faces may exceed 300 square feet and may be 320 square feet each as shown on the approved Preliminary PUD plans. j. The maximum total sign area of the freestanding off -premise signs may exceed 400 square feet and may be 1,280 square feet as shown on the approved Preliminary PUD plans. k. Exterior lighting spillover may exceed 1.0 footcandle at property lines that abut other properties within the PUD but may not exceed 1.0 footcandle at property lines that abut properties that are not within the PUD. 1. The Bufferyard "D"s separating the in -vehicle sales and service uses (drive- throughs) on Lots 4,5,6,7 and 8 of the Preliminary Plat from 16th Street and Park Place Boulevard are not required to include a minimum of 95 plant units per 100 linear feet and may include a total of 225 fewer plant units than required as shown on the approved Preliminary PUD plans. m. Certain canopy trees may be installed at sizes less than 2-1/2" caliper as shown on the approved Preliminary PUD plans and such trees shall be given full plant unit credits. n. Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown on the approved Preliminary PUD plans and such trees shall be given full plant unit credits. 4. The site shall be developed, used and maintained in accordance with Exhibits C through T - the Preliminary PUD plans which are subject to the following revisions and additions as required for Final PUD consideration: a. Additional permanent planting islands are required to break up large expanses of parking and reduce uninterrupted rows of parking below the 400+ feet shown on the Preliminary PUD plans. b. The freestanding signs shown on the Preliminary PUD plans shall be revised to include brick for the base, trim, and soldier cap of the proposed signs. c. The proposed sidewalk along 16th Street shall be extended to meet the curb of Zarthan Avenue. d. The Final Plat shall include dedicated public easements that extend to one foot beyond the perimeter sidewalks and shall be consistent with the number of lots shown on the Site Plan. 5 e. A Signage Plan for controlling internal PUD traffic and ensuring No Parking in designated Fire Lanes as approved by the Fire Marshal shall be included in the Final PUD plans. f. An Exterior Lighting Plan that meets the 1.0 footcandle maximum at the exterior property lines and includes an overnight lighting plan shall be included in the Final PUD plans. g. The Final PUD Site Plan shall include modifications recommended by the City's traffic consultant to mitigate potential on and off-site traffic conflicts. h. The Final PUD Site Plan shall specify that internal circulation drives and bufferyards surrounding the 110,000 square feet future phase shall be installed as part of the first phase of construction and the remainder of the Phase II area shall be seeded, watered and mowed until Phase II construction commences. i. A fence intended to screen a customer pick-up area on the south side of the Home Improvement building shall be eliminated from the Final PUD plans and screening shall be accomplished with the landscaping and berm shown on the approved Preliminary PUD plans.. j. The menu board for Restaurant 1 on Lot 4 shall be moved 10 feet to the north on the Final PUD plans. k. A total of 55 spaces shall be shown as proof of parking open space for Phase II in the Final PUD plans and shall be set aside for a minimum of two years after Phase II opens. 1. The Final PUD Grading Plan shall include berms that are a minimum of five feet in height along Cedar Lake Road. m. The Final PUD plans shall include details of all proposed trash enclosures and the color of rooftop equipment. n. Discrepancies in the Utility Plans regarding location of utility service stubs shall be corrected in accordance with the City Engineer's comments and other revisions to the Utility Plans as recommended by the City Plumbing Inspector shall be included in the Final PUD plans. o. The fire hydrant by Retail 4 on Lot 3 shall be located at least as far west as the west end of the Retail 4 building on the Final PUD plans. p. Discrepancies between the building plans and elevations as identified by the Zoning Administrator shall be rectified in the Final PUD plans. q. A Site Furniture Plan (locating benches, bike racks, trash receptacles, etc) shall be reviewed as part of the Final PUD plans. r. A sidewalk is required along Zarthan Avenue and shall be shown on the Final PUD plans. s. Pursuant to Section 14:6-7.5(F) of the Zoning Ordinance, the City requires a development agreement as a condition of approval of the Final PUD. The development agreement shall address at a minimum: i. Conditions of PUD approval as applicable or appropriate. 6 ii. Specifics relative to construction of the required off-site improvements in attached (specified Exhibit B) timing of construction, and payment of the improvements. iii. Ongoing maintenance of the ponding basins and common areas iv. Future conversion of "proof of parking" areas. v. Project construction phasing and future amendments to the P.U.D. vi. Surety in the form of an irrevocable letter of credit for construction of on- site improvements and replacement of plant materials. vii. Other items as appropriate or necessary. t. Evidence of financing for the first phase of construction, which includes all improvements on Lots 2, 3, 4, 5, 6, 7, 8 and 9, circulation drives and bufferyards on Lot 1, and all improvements on Outlots A, B and C. u. Cost estimates for construction of all on-site improvements included in the first phase of construction. v. Prior to approval of the Final PUD, the developer shall reimburse the City for all costs incurred by the City in connection with processing the applicant's Preliminary PUD, and preparation of the development agreement including but not limited to engineering fees, consultant fees, attorney fees, and staff time, as provided by Section 14:8-5.0 5. The following conditions of preliminary approval shall be carried forward with the Final PUD consideration: a. The 225 plant units that are deficient from the Bufferyard "D"s along 16th and Park Place Boulevard shall be donated to the City in the form of twenty 2-1/2" canopy trees for use on nearby public lands. b. The details of Phase II construction shall be reviewed as a minor amendment to the approved Final PUD, unless additional off-site impacts are anticipated, in which case, the details of Phase II shall be reviewed as a major amendment. c. The developer and/or future property owner shall dedicate, at no expense to the City, any right-of-way which may be required in the future to facilitate improvements at the intersection of 16th Street and Zarthan Avenue and/or access from Cedar Lake Road if deemed necessary by the City Council as a future major amendment to the approved Final PUD Plans. Developer and/or future property owner shall be responsible for the costs associated with these potential 7 future improvements based upon the benefit to the project and/or the demands the project has placed on the roadway system. d. The developer shall obtain all necessary permits to complete required environmental remediation of the site and undertake said remediation pursuant to local, state and federal regulations, as applicable. e. The developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, demolition permit, building permit, and erosion control permit. f. The developer shall obtain approval by the Minnehaha Creek Watershed District as well as any other approvals required by state and federal agencies, including the required Indirect Source Permit. g. Prior to execution of the development agreement, the developer shall submit an irrevocable letter of credit in an amount equal to 125% of the cost of all required off-site and Phase I on-site improvements (excluding buildings) and evidence of title to the property; if the developer has not obtained title to the property, the development agreement shall also be signed by the fee owner of the property. h. The final plat shall be submitted to the County for recording prior to initiating any site work relating to construction of the PUD project; evidence of filing of the final plat or other assurances pertaining to required easements shall be presented to the City prior to issuance of any permits other than demolition and associated temporary noise permits i. The Preliminary and Final Plat are inherent components of the Preliminary and Final PUD approvals and are subject to the conditions of Preliminary and Final PUD approval and the associated development plans. Access to the platted properties shall be limited to the means provided in the approved Final PUD plans. All required on-site Phase I sidewalks and all on-site Phase I circulation drives shall be completed prior to issuance of any Occupancy Permits. 8 EXHIBIT A -- LEGAL DESCRIPTION gar 1: The forth 303.00 feet el Government Lee 8, Section 4, TTw..ahlp 117 North, Range 22 vest of the Filth Principal Meridian, 'ccording te the Government Surrey thereof. Tor Thee part of the vest 750.00 feet of the following d abed property lying South of the Nerth 303.00 feet el Government Lot 8, :eetien 4, Township 117, Range 21: Thne pare of Government Lee 1, Socctmn 9. Tewnahip 117, Monte 21. and that port of Government Noe 8. Section 4, Townehtp 117, Range 21. described as bellnnine at the Martheeet corner of said roeermeenc toe 1: thence Southerly along the Coot line of said Government N.ot 1 • dtatnnee of 345.06 feet: thence geseerly deflecting to the riche se an anal,' of 73 degrees 09 minute, CS seconds • di f 36.22 feet: thence Westerly en a tangential curve to the right hewing a radius of 716.71 feet a dl f 741.36 feet: thence Northwest, tam;ene to Lnee described curve a distance of 723.68 feet: thence Nh rthw ly on a tangential curve te the left having m radius of 713.' feet a dl f 269.70 feet; thence Westerly on a tangeneinl curve te the left having a radius of 323.33 feet a di t 113.24 fee• to the West line of sold Government Lee 8; thence northerly airing the West line of said Government Lot 8 to the Northwest corner thereof• thence CnaterLy along the North line of meld Government Loc 8 to the Here:mese earner thereof: thence Southerly alone the Case lino of act r&wornwent Nae 8 to the Peine of beginning; according to the Government Survey thereof, escape thee pert thereof which Lles •seeerly, south Ly and motherly of s line drawn paraLlei with and 22 feet westerly. enrthweatarly, and nertheriy of the following described 11 Cammeenetng at the northeast corner of Section 9. Township 117, Range 21: thence net aoutherty *long the mac line of said Section 9 for a di . f 49.02 feet; thence deflect right at an angle of 90 degrees for • distance e1 21.27 feet; thence deflect left et en angle el 91 decrees for a di 1 100 feet to the actual point of beginning ef the line being described: thence deflect right along a tangential curve having a radius of 150 face (delta angle 88'29'39") for a distance of 231.69 feet; thence deflect 1'66'40' right from a tangent of last described curve for e distance of 47.99 folic: thence deflect 1'46'40" right for a distance ef 76.97 feet: thence deflect right along e tangential curve having a radius of 636.62 feet (delta angle 29'09'07'7 for a distance el 323.91 fare; thence deflect right aims a cameaund curve having a radius el 796.31 feet (delta angle 17'27'19') for a diatanee of 242.03 feet: thence tangent to said erne for a 4 once of 1S0 free and there terminating. Subject to a street asoement 1n favor of the C1ty el St. Leak Park ever the vest 33 feet of Phe above promisee: Subject to a spur track easement in fever of Crest Northern Railway Ceep.ny es presently located ever the above premises which "+es�inc rune to a straight line from the rest line of above premises te a Peine 163 feet Seat of the West line of the •beve premises and +djecenc to the South side of the building Located upon the above premises which building la commonLy known as Park Space Center. 1626 /.Teen Avenue. St. Laino Perk; • (Torrens Cert No. 611984) L Proposed Improvements A. Right tum lane on eastbound 16th St. W. at the proposed easterly access to the Park Place Plaza retail project including concrete curb and gutter, bituminous street, pavement markings, traffic signal modifications, turf restoration, and other improvements as shown on Exhibit C; a right tum lane on eastbound 16th St. W. at Park Place Blvd.induding concrete curb and gutter, bituminous street, pavement markings, traffic signal modifications, turf restoration, and other improvements as shown on Exhibit C. B. Right tum lane on southbound Park Place Blvd. at 16th St. W. including concrete curb and gutter, bituminous street, street light relocation, concrete retaining wall, -storm sewer, pavement markings, signal modifications, turf restoration, and other improvements, as well as the extension westerly of the concrete median located on 16th St. W. at Park Place Blvd., all of which are shown on Exhibit C EXHIBIT B 6 Estimated Assessment $60, 000 (100% of total cost of this improvement assessed to property owner) $45,000 (45% of total cost of this improvement assessed to property owner) r 1 Proposed Improvements C. Improvements/modifications to the left tum lane on northbound Park Place Blvd. at 16th St. including concrete curb and gutter, bituminous street, pavement markings, traffic signal modifications and other improvements as shown on Exhibit C. D. Improvements to Park Place Blvd. north and south of Gamble Drive including bituminous street, concrete curb and gutter, street Tight relocation, concrete median, storm sewer, pave- ment markings, traffic signal modifica- tion and other improvements as shown on Exhibit C. E. Right tum lane improvements on southbound Park Place Blvd. at Cedar Lake Road including bituminous street, concrete curb and gutter, storm sewer, pavement markings, turf restoration and other items as shown on Exhibit C. F. Left tum lane improvements on south- bound Park Place Blvd. at Cedar Lake Road including concrete curb and gutter, bituminous street, concrete median, traffic signal modifications and other items as shown on Exhibit C. G. Concrete sidewalk (5 feet wide) located along the north side of Cedar Lake Road, between Park Place Blvd. and Zarthan Ave., along the west side of Park Place Blvd. between Cedar Lake Road and 16th St. W., along the south side of 16th St. W. from Park Place Blvd. to Zarthan Ave., and along the east side of Zarthan Ave. between 16th St. W. and Cedar Lake Road, all of which are shown on Exhibit C. 7332GEN56 Estimated Assessment $12,500 (100% of total cost of this improvement assessed to property owner) $127,500 (100% of total cost of this improvement assessed to property owner) $3,600 (16% of total cost of this improvement assessed to property owner) $5,600 (25% of total cost of this improvement assessed to property owner) $66, 500 (100% of total cost of this improvement assessed to property owner) Total estimated $320,700 amount of special assessments to be assessed against the subject property 1 Adopted by the City Council May 6, 1996 Reviewed by administration: 7474:RES9 9 0,(Le -.0v50A_ Mayor Approved as to form and execution: City Attorney Ond-15-56 esPD (60 l LZ9 " ON -;Jap sua.uol) MWA W N .• 4 0 J w 000V 0 n a n 1 0 1 n r b a 0 a 7 1 A Y 0 W n r • • • 103.3.3 0+1 0 w 7427 u .$ + 7 0. 3 4 3 0 7 0 0 0 7 7 7 3 3 1: 01 : 0 0 Q Q D p 1 3(400 w 4 w 1114 w 1 •- C a 0 0 0 O 1 1 u< n A -+ w 1+ G )s :3 -• M r n r . ... 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