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HomeMy WebLinkAbout01-146 - ADMIN Resolution - City Council - 2001/12/17• RESOLUTION NO. 01-146 Amends and Restates Resolutions No. 01-065 and 01-091 A RESOLUTION AMENDING RESOLUTION 01-091 ADOPTED ON SEPTEMBER 4, 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 IIIWHEREAS, 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, and WHEREAS, the City Council adopted Resolution No. 01-091 on September 4, 2001 approving an amendment to the approved Final PUD to change the name of the north -south Town Green streets to Grand Way and separate the plat and PUD resolutions, 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. 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 distncts located east of the Bally's property at Quentin Avenue, west of Monterey Dnve, 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. 01-146 -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 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 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 described 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 i mprovements. i. to address conditions of required permits from the Watershed District, MPCA, and City. j. 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. 2. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, 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. • Resolution No. 01-146 -3- 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, dnve aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 6Proposed "Grand Place" north of 38`"/39`" 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 District 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`"/39`" 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. 1. construction of 18 project -based two-bedroom Section 8 units in accordance with public housing agreements. 9. Pnor 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. 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 pnor to regrading the park, if needed. Resolution No. 01-146 -4- 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 pnvate condominium parking during construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. Pnor 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 ,except that Section 14.912F of the St. Louts Park Ordinance Code and the recording requirements are waived to allow, prior to recording of the plat, easement and planning contract, the issuance of building permits authorizing work through and including January 15, 2002. b. the Indirect Source Permit shall be approved by the MPCA, if necessary. c. A lighting and photometnc plan shall be approved by the Zoning Administrator. d. An imgation plan shall be approved by the Zoning Administrator. e. Exterior building matenal/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. Prior to installation of any pnvaie 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 dunng 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 markt 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 appropnate, including potential transit and parking uses. e. Vanances 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 intenm 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. Resolution No. 01-146 -5- 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 Ordinance, 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: Adopted by the City Council December 17, City Manager Attest: YOM Cd - pef,, 1 City CledF