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HomeMy WebLinkAbout00-079 - ADMIN Resolution - City Council - 2000/07/05RESOLUTION NO. 00-079 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 R -C, HIGH DENSITY RESIDENTIAL LOCATED SOUTH OF 36TH STREET AND EAST OF PHILLIPS PARKWAY • WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on May 30, 2000 from the applicant, and WHEREAS, notice of a public heanng 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 June 7, 2000, and WHEREAS, notice of public heanng on the Preliminary PUD was published in the St. Louis Park Sailor on May 24, 2000, and WHEREAS, the Planning Commission opened the public heanng at the meeting of June 7, 2000, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 4-0 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 heanng 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. David A. Hornig 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 R -C, High Density Residential Distnct located south of 36th Street and east of Phillips Parkway for the legal description as follows, to -wit All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 foot wide Hopkins to Hopkins Jct., Minnesota Branch Line Right -of -Way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota bounded on the North by the Southeasterly extension of the Northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota, and bounded on the South by the following descnbed line: Resolution No. 00-079 -2- Commencing at the Southeast corner of said Southwest quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed beanng, a distance of 1086 15 feet, along the south line of said Southwest Quarter, to an intersection with the Easterly line of said Burlington Northern Railroad Company's discontinued 100 foot right-of-way; thence North 20 degrees 49 minutes 09 seconds East, a distance of 224.00 feet along said Easterly line to the point of beginning of the line to be descnbed; thence North 69 degrees 10 minutes 51 seconds West a distance of 44 73 feet; thence South 32 degrees 38 minutes 56 seconds West a distance of 269 61 feet to the intersection of said South line of the Southwest Quarter of Section 18 and the Westerly line of said discontinued nght- of-way and said line there terminating. (Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 00 -32 -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 City Council has determined that the PUD will not be detnmental 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 senously 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 00 -32 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location descnbed is approved based on the findings set forth above and subject to the following conditions: 1. Pnor to consideration of the final PUD, the applicant shall meet the following conditions: a. Submit full set of final PUD plans including any required revisions per the preliminary PUD approval b. Submit revised building elevations to include bnck and potentially some other matenals similar to adjacent developments. c. Site plan to be revised to show a bnck "knee" wall in areas where dnveway is one foot or less setback from buildings and parking areas. d. Continue working with staff and neighbonng property owners regarding the most appropnate solution for east -west pedestnan connection. 2. The site shall be used, developed and maintained in accordance with the official exhibits, subject to further plan revisions through the PUD process. 3. Pnor to any site work, the applicant shall meet the following conditions: a Obtain an erosion control permit from the City. b. Submit a copy of the Watershed District permit if required. • • • • Resolution No. 00-079 -3- c. Submit a Letter of Credit covenng 125% of the cost of: on-site tree replacement, sidewalk installation, east -west pedestnan connection, repair and cleaning of public streets, and any utility work within public right of way. d. Provide cash in lieu of off-site tree replacement. The final cash amount shall be based on the number of caliber inches to be replaced off-site and shall be approved by the Park and Recreation Director and the Community Development Director. e. A Development Agreement is to be executed between the developer and the City covering, at a minimum, plan changes which may be administratively approved, sidewalk installation, and shall cite approved ordinance modifications. f. Easement for east -west pedestnan connection g. Reimbursement of attorney's fees for drafting and reviewing above documents. 4. Prior to issuance of any building permits, which may impose additional requirements, the applicant shall meet the following conditions: a. Submit and have approved retaining wall and sidewalk construction details. b. Submit and have approved lighting plans. c. Submit and have approved building matenal samples and fence design details. d. Sign the assent forms and all official exhibits, including the approved plans, elevations, details, and materials samples e. Submit evidence of recording of crossing easement. f. Submit and have approved tot lot details or evidence of senior only designation. 5 Pnor to issuance of a Certificate of Occupancy, the developer shall meet the following conditions: a. Install a 5 -foot concrete sidewalk along the south side of 36th Street per the approved site plan and construction details, to be constructed and maintained at the developer's expense. b. Install east -west pedestrian crossing per approved site plan and construction details, to be constructed and maintained at developer's expense. c. Install a tot lot, unless the project is designated as seniors only. 6. The following ordinance modifications are approved as part of the PUD: a. A 10 -foot building setback along Phillips Parkway is approved rather than the required 15 -foot setback. b. A 10 -foot parking area setback along Phillips Parkway is approved rather than the required 15 -foot setback. Reviewed for Administration: Ado he City Council July 5, 2000 Attest: Ci y Clerk M