HomeMy WebLinkAbout01-091 - ADMIN Resolution - City Council - 2001/09/04RESOLUTION NO. 01-091
Amends and Restates Resolution No, 01-065
A RESOLUTION AMENDING RESOLUTION 01-065 ADOPTED ON JULY 23, 2001
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 "M -X" MIXED USE, "R -C" MULTIPLE FAMILY
RESIDENTIAL, AND "R-3" TWO-FAMILY RESIDENTIAL LOCATED EAST OF THE
BALLY'S PROPERTY AT QUENTIN AVENUE, WEST OF MONTEREY DRIVE, AND
NORTH OF EXCELSIOR BOULEVARD TO THE SOUTHERN PORTION OF WOLFE
PARK, COMMONLY KNOWN AS PARK COMMONS EAST
WHEREAS, the City Council approved the Preliminary PUD on June 4, 2001,
Resolution No. 01-049; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD) for
Park Commons East was received on January 16, 2001 (accepted as complete application on May
9, 2001) from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of July
11, 2001, 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 approved the Final PUD for Park Commons East on July
23, 2001, Resolution 01-065,
W: TFREAS, 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
1 TOLD Development Company 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 M -X, R -C,
and R-3 districts located cast of the Bally's plopeity at Quentin Avenue, west of Monterey Drive,
and north of Excelsior Boulevard to the southern portion of Wolfe Park, commonly known as
Park Commons East for the legal descnption as follows, to -wit.
Lot 1, Block 1; Lot 1 Block 2; and Outlots A, B, C, D, E, F, G, and H, Park Commons East
Resolution No. 01-091 -2-
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 01 -07 -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 senous 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 01 -07 -PUD is hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Final Planned Unit Development at the location descnbed is approved based on the findings
set forth above and subject to the following conditions:
1. The site'shall be developed, used, and maintained in conformance with the Final PUD official
exhibits, which may be amended according to the provisions of the planning contract
between TOLD and the City of St. Louis Park and to meet the conditions of Final PUD
approval
a. to address the recommendations of the Public Works Department dated 7/3/01.
b. to address the Plumbing Inspector's comments dated 7/2/01.
c. to preserve the trees on the north side of 38th Street (proposed Grand Place) in front of
Westmoreland Hills condominiums.
d. to increase the length of the median at Market Avenue and Excelsior Boulevard per
the recommendation of the traffic consultant.
e. to meet minimum tree replacement ordinance requirements (that are not related to a
cash in lieu payment).
f. to coordinate town green and public streetscape improvements with Excelsior
Boulevard streetscape plans and input from the selected artist consultant.
g. to coordinate park edge improvements with amphitheater plans.
h to address comments from Metro Transit regarding transit locations and
improvements.
i. to address conditions of required permits from the Watershed Distnct, MPCA, and
City.
.1. to show the names of streets as approved on the Final Plat and current names of
38th/39th
Street, which may be changed later by ordinance.
Resolution No. 01-091 -3-
2. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow
daycare as a retail/service use, nght-of-way and street designs, open space, FAR/GFAR,
building setbacks,'bufferyaids, and off-street parking as shown on the official exhibits
based upon a finding of general consistency with the approved Redevelopment Plan and
subject to any other conditions of final approval -
3 Outdoor seating is permitted in association with restaurants and food service uses subject
to any conditions of Final PUD approval for that phase, easement provisions, health
codes, and approval of specific outdoor seating plans by the Zoning Administrator.
4. All parking shall be open to the general public at all times except as follows: on -street
parking may be restricted by the City, below -ground parking may be restricted to building
residents, and a plan for valet parking may be approved by the City.
5 If parking is deemed inadequate by the City based upon evidence of parking in fire lanes,
drive aisles or other inappropnate areas, the developer shall be required to rectify the
situation in accordance with the provisions of the planning contract.
6. Proposed "Grand Place" north of 38`h/39`h may be closed for events as approved by the
City.
7. The developer is required to comply with all provisions of the planning contract,
development agreement with the EDA, Metropolitan Council LCDA grant agreement(s),
MPCA and Watershed Distnct approvals.
8. Specific responsibility for financing and construction of the following required Phase 1
improvements shall be addressed by the Planning Contract:
a. construction of all streets, on -street parking, and utilities, within the entire PUD
area.
b completion of streetscape improvements, including bicycle and transit amenities,
adjacent to all Phase 1 properties and Wolfe Park.
c. construction of temporary bituminous sidewalks in accordance with a plan
approved by the Zoning Administrator.
d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the
existing trail, and construction of the park edge road, parking, approved hard
surface sidewalk between parking and trail, plantings and streetscape subject to
approved final plans.
e construction of the entire town green from Excelsior Boulevard to Wolfe Park in
accordance with approved final town green plans with temporary sidewalks north
of 38`11/39`h until permanent sidewalks/streetscape are completed during
construction of each future phase.
f. construction of the Phase 1 public parking ramps in accordance with approved
final plans.
g. construction of the police substation and public restrooms in accordance with
approved final plans
h. construction of traffic improvements and installation of traffic control and
directional signage in accordance with approved final plans.
i construction of 18 project -based two-bedroom Section 8 units in accordance with
public housing agreements.
Resolution No. 01-091 -4-
9. Prior to any site work other than demolition for Park Commons East Phase One:
a. the Final Plat and PUD for Phase 1 shall be approved and the Final Plat shall be
signed by the City.
b. final construction documents for public infrastructure (street, underground
utilities, not streetscape) improvements shall be approved by the Public Works
Director.
c. required erosion control permits, utility permits, and other required permits shall
be obtained from the City, Hennepin County, Watershed District and any other
required agencies.
d. the MPCA shall be informed of the plans to regrade the southern portion of Wolfe
Park and approval shall be received prior to regrading the park, if needed.
e. a final tree preservation plan shall be approved by the Zoning Administrator and
any necessary construction fencing shall be in place.
f. plans for maintaining access to existing private condominium parking during
construction shall be approved by Public Works and the affected property owners,
if temporary construction easements are necessary.
10. Prior to issuance of any building permits, which may impose additional conditions:
a. Evidence of recording the final plat, easements, and planning contract shall be
submitted to the City.
b. the Indirect Source Permit shall be approved by the MPCA, if necessary.
c. A lighting and photometric plan shall be approved by the Zoning Administrator.
d. , An irrigation plan shall be approved by the Zoning Administrator.
e Exterior building material/colors shall be approved by the Zoning Administrator.
f Final plans for a police substation and adjacent public restrooms shall be approved
by the Police Chief and Community Development Director.
11. Pnor to installation of any pnvate signage, sign permits shall be approved by the Zoning
Administrator.
12. Future phases of the Final Plat and PUD are approved in general concept only and subject
to the following conditions of approval:
a. All future phases are required to apply for subsequent Preliminary and Final Plat
and PUD approval for those phases; such Preliminary and Final approval may be
considered concurrently subject to Code and any pertinent provisions of the
development agreements.
b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be
completed during construction of each future phase.
c. A minimum of 35 stacked townhomes for owner -occupants shall be included in
Future Phase E and/or Future Phase NE; additional condominiums and changes to
proposed building height may be approved for Future Phase NE based upon
recommendations of a market study.
d. The City may consider proposals for permanent use of Future Phase W, subject to
the provisions in the existing development contract between TOLD, EDA and
City, either on its own or combined with potential redevelopment of the property
to the west. However, the City may retain the Future Phase W property
indefinitely and use it for such uses as the City may deem appropriate, including
potential transit and parking uses.
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Resolution No. 01-091 -5-
e Variances to the 80 feet minimum lot width of the "R -C" District may be
approved subject to Preliminary and Final Plat and PUD approvals.
f Allowable Code deviations are subject to the approved Redevelopment Plan and
future Preliminary and Final PUD approvals.
g. Approval for construction of future phases is contingent upon provision of
adequate parking, which may include interim parking as approved by the City, and
must include 75 weekday and 200 evening/weekend parking spaces, in excess of
other needs of the development, for town green and Wolfe Park uses.
13 Pnor to execution of the Final Plat for each subsequent phase
a. preliminary and final plat/PUD approval shall be obtained for that phase.
b. the existing development agreement shall be amended as necessary and a new
planning contract shall be executed between the developer and City/EDA.
c. public sidewalk easements shall be approved by the City Attorney for those areas
of private development lots between the public street and building setback.
Pursuant to Section 14:6-7.5(F) of the Zoning Oidinance, 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 appropnate and necessary.
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.
Reviewed for Administration:
Adopt- d by the City Council September 4, 2001
Attest.
&'erk