HomeMy WebLinkAbout00-114 - ADMIN Resolution - City Council - 2000/09/05RESOLUTION NO. 00-114
A RESOLUTION APPROVING A FINAL 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, the City Council approved the Preliminary PUD on July 5, 2000 Resolution
No 00-079, and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was
received on July 19, 2000 from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of August
16, 2000, and
WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0
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 appeanng 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
10 1. David A. Hornig has made application to the City Council for a Planned Vnit Development
under Section 14:6-7 of the St. Louis Park Ordinance Code within the 1-C High Density
Residential distract located south of 36th Street and east of Phillips Parkway for the legal
descnption 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 onginally 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 described line:
Commencing at the Southeast corner of said Southwest quarter of Section 18;
thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, 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 nght-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 described; 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)
Resolution No 00-114 -2-
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
senous 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 Final Planned Unit Development at the location descnbed are approved based on the findings
set forth above and subject to the following conditions:
A. The site shall be developed, used and maintained in accordance with the Official Exhibits A
through .
B. Prior to any site work, the applicant shall meet the following conditions:
1. Obtain an erosion control permit from the City.
2. Submit a copy of the Watershed Distnct permit if required.
3. Submit permission in writing from trail contractor for any work that is to be performed
within the trail construction easement prior to 2001.
4. Submit a Letter of Credit covering 125% of the cost of: on-site tree replacement,
sidewalk installation, on-site and off-site work to install east -west pedestrian
connection, repair and cleaning of public streets, repair of regional trail, and any
utility work within public nght of way.
5 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.
6 A Development Agreement is to be executed between the developer and the City
covenng, at a minimum, plan changes which may be administratively approved,
sidewalk and stair installation and maintenance, and shall cite approved ordinance
modifications. The Mayor and City Manager are authorized to execute the
Development Agreement.
7. A public easement shall be dedicated over the east -west pedestrian crossing including
stairs, with the City attorney to draft and the City to record such agreement.
8. Reimbursement of attorney's fees for drafting and reviewing above documents.
C. Prior to issuance of any building permits (including permit for eight foot high fence), which
may impose additional requirements, the applicant shall meet the following conditions:
1. Submit and have approved retaining wall and sidewalk/stair construction details.
2 Submit and have approved lighting plans.
3. Submit and have approved building matenal samples, pavement design for pedestnan
crossing over driveway area, and fence design details for picket and eight foot
fence (eight foot fence requires separate building permit).
Resolution No 00-114 -3-
4. Sign the assent forms and all official exhibits, including the approved plans, elevations,
details, and building matenals samples.
5. Submit and have approved tot lot details.
D. The developer shall comply with the following conditions during construction:
1. 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.
2. The site shall be kept free of dust and debris that could blow onto neighboring properties.
3. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
4. Comply with all other City ordinances.
5. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties.
6 Repair any damage to regional trail as a result of townhouse construction on an
immediate and ongoing basis as needed, with work to be performed per City -approved
specifications and inspected by Public Works. If the City chooses to repair the trail,
developer shall reimburse the City for the costs of repair including an administrative fee.
E. Prior to issuance of any Certificates of Occupancy, the developer shall meet the following
conditions:
1. 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.
2. Install the east -west pedestrian crossing, including stairs, sidewalk connections on
public right of way, and cross -hatching on retail property, per approved plans and
construction details, to be constructed at developer's expense.
3. Install a tot lot.
4. If the City performs any trail repair work related to townhouse project, reimburse City
for repair work.
F The following ordinance modifications are approved as part of the PUD:
1. A 10 -foot building setback along Phillips Parkway is approved rather than the required
15 -foot setback.
2. A 10 -foot parking area setback along Phillips Parkway is approved rather than the
required 15 -foot setback.
G. All of east -west pedestrian crossing that is on developer's property or City right of way
shall be maintained by developer at developer's expense.
H. The following variances have been approved for the property through separate resolution:
1. Variance for stacked parking to allow parking in front of garages to count towards
parking requirement per the official exhibits.
2. Variance for reduced landscape bufferyards on south and east lot lines per the official
exhibits.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Review-. for Administration: Adopted b ' t City C uncil September 5, 2000
Attest:
Cit Clerk
•
•
•
ifOF
1CITY
T LoursRK
7399957
Administration Office
5005 Minnetonka Boulevard
St. Louis Park MN 55416
(612) 924-2525
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST LOUIS PARK )
The undersigned hereby certifies the following.
"CITY COUNCIL RESOLUTION"
1) The attached is a full, true and correct copy of the original
Resolution No. 00-114, adopted September 5, 2000 and on file in
the Office of the City Clerk.
2) The City Council meeting was held upon due call and notice
WITNESS my hand and the Seal of the City of St Louis Park
Nancy .i Suth�'
Deputy City Clerk
Date • December 6, 2000
TRANSFER ENTERED
h1ENNEPIN COUNTY TAXPAYER SERV,CFS
• DEC 1
®Y
OUNTY MINNUTY
• '.
RESOLUTION NO. 00-114
A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD)
III 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, the City Council approved the Preliminary PUD on July 5, 2000 Resolution
No. 00-079; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was
received on July 19, 2000 from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of August
16, 2000, and
WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0
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 appeanng 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
III1. David A. Hornig has made application to the City Council for a Planned -\Jnit Development
under Section 14 6-7 of the St. Louis Park Ordinance Code within the 1-C High Density
Residential district 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:
Commencing at the Southeast corner of said Southwest quarter of Section 18;
thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, 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 nght-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 described; 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)
Resolution No. 00-114 -2-
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 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 00 -32 -PUD are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Final Planned Umt Development at the location descnbed are approved based on the findings
set forth above and subject to the following conditions:
A. The site shall be developed, used and maintained in accordance with the Official Exhibits A
through .
B Prior to any site work, the applicant shall meet the following conditions:
1. Obtain an erosion control permit from the City.
2. Submit a copy of the Watershed District permit if required. -
3. Submit permission in writing from trail contractor for any work that is to be performed
within the trail construction easement pnor to 2001.
4. Submit a Letter of Credit covering 125% of the cost of: on-site tree replacement,
sidewalk installation, on-site and off-site work to install east -west pedestrian
connection, repair and cleaning of public streets, repair of regional trail, and any
utility work within public right of way.
5. 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.
6. A Development Agreement is to be executed between the developer and the City
covenng, at a minimum, plan changes which may be administratively approved,
sidewalk and stair installation and maintenance, and shall cite approved ordinance
modifications. The Mayor and City Manager are authonzed to execute the
Development Agreement.
7. A public easement shall be dedicated over the east -west pedestrian crossing including
stairs, with the City attorney to draft and the City to record such agreement.
8. Reimbursement of attorney's fees for drafting and reviewing above documents. -
C. Pnor to issuance of any building permits (including permit for eight foot high fence), which
may impose additional requirements, the applicant shall meet the following conditions:
1. Submit and have approved retaining wall and sidewalk/stair construction details.
2 Submit and have approved lighting plans.
3. Submit and have approved building matenal samples, pavement design for pedestrian
crossing over dnveway area, and fence design details for picket and eight foot
fence (eight foot fence requires separate building permit).
•
•
•
1 _
•
•
•
Resolution No. 00-114 -3-
4. Sign the assent forms and all official exhibits, including the approved plans, elevations,
details, and building matenals samples.
5! `Sulimit and have approved tot lot details.
D. The developer shall comply with the following conditions dunng construction:
1. 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.
2. The site shall be kept free of dust and debns that could blow onto neighbonng properties.
3. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
4. Comply with all other City ordinances.
5. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties.
6 Repair any damage to regional trail as a result of townhouse construction on an
immediate and ongoing basis as needed, with work to be performed per City -approved
specifications and inspected by Public Works. If the City chooses to repair the trail,
developer shall reimburse the City for the costs of repair including an administrative fee
E. Prior to issuance of any Certificates of Occupancy, the developer shall meet the following
conditions.
1. 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.
2. Install the east -west pedestrian crossing, including stairs, sidewalk connections on
public nght of way, and cross -hatching on retail property, per approved plans and
construction details, to be constructed at developer's expense.
3. Install a tot lot.
4. If the City performs any trail repair work related to townhouse project, reimburse City
for repair work. -
F The following ordinance modifications are approved as part of the,PUD:
1. A 10 -foot building setback along Phillips Parkway is approved rather than the required
15 -foot setback.
2. A 10 -foot parking area setback along Phillips Parkway is approved rather than the
required 15 -foot setback.
G. All of east -west pedestrian crossing that is on developer's property or City nght of way
shall be maintained by developer at developer's expense.
H. The following variances have been approved for the property through separate resolution:
1 Vanance for stacked parking to allow parking in front of garages to count towards
parking requirement per the official exhibits.
2. Variance for reduced landscape bufferyards on south and east lot lines per the official
exhibits.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Review , for Administration: Adopted by the City Council September 5, 2000
y anager
Attegt:
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C
Mayor
•
7399957
OFFICE OF COUNTY REGORGE!'
IIENNEPIN COUNTY. MINNESOTA
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