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HomeMy WebLinkAbout02-045 - ADMIN Resolution - City Council - 2002/05/06RESOLUTION NO. 02-045 Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, 01-079, 02-002 A RESOLUTION AMENDING RESOLUTION 02-002 APPROVED ON JANUARY 7, 2002 APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE AND R-4 MILTIPLE FAMILY RESIDENTIAL LOCATED AT NORTHWEST QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE WHEREAS, the City Council approved the Preliminary PUD on May 1, 2000, Resolution No. 00-060; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on May 22, 2000 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at its meeting of June 7, 2000, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 4- 0 vote with all members present voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 00-075 on June 19, 2000 approving the Final PUD, and WHEREAS, on August 7, 2000 an application was received for a major amendment to the approved Planned Unit Development, and WHEREAS, the Planning Commission held a public hearing, reviewed the amendment at its meeting of September 6, 2000 and recommended approval of amendment on a vote of 6-0 with all members present voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 00-118 on September 18, 2000 approving a major amendment to the approved Planned Unit Development, and WHEREAS, on January 11, 2001 an application was received for a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, the City Council adopted Resolution No 01-015 on February 20, 2001 approving a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, on June 18, 2001 an application was received for a major amendment to the approved Planned Unit Development to add two townhomes onto an existing building, and Resolution No. 02-045 -2- WHEREAS, on August 7, 2000 an application was received for a major amendment to the approved Planned Unit Development, and WHEREAS, the Planning Commission held a public heanng, reviewed the amendment at its meeting of September 6, 2000 and recommended approval of amendment on a vote of 6-0 with all members present voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 00-118 on September 18, 2000 approving a major amendment to the approved Planned Unit Development, and WHEREAS, on January 11, 2001 an application was received for a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001 approving a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, on June 18, 2001 an application was received for a major amendment to the approved Planned Unit Development to add two townhomes onto an existing building, and WHEREAS, the Planning Commission held a public heanng, reviewed the amendment at its meeting of August 1, 2001 and recommended approval of the amendment on a vote of 5-1 with five members voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 01-079 on August 20, 2001 approving a major amendment to the Planned Unit Development to add two townhomes onto an existing building, and WHEREAS, on November 5, 2001 an application was received for a major amendment to the approved Planned Unit Development to allow additional occupancy prior to roadway and signal improvements, and WHEREAS the Planning Commission held a public heanng, reviewed the amendment at its meeting of December 5, 2001 and recommended approval of the amendment on a vote of 4-0 with four members voting in the affirmative, and WHEREAS the City Council adopted Resolution No. 02-002 on January 7, 2002 approving a major amendment to the approved Planned Unit Development to allow additional occupancy prior to roadway and signal improvements, 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. Resolution No 02-045 -3- • BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. CSM Hospitality, Inc. and Rottlund Companies have 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 "0" Office and R-4 Multiple Family Residential distncts located at the Northwest quadrant of West 16th Street and Zarthan Avenue for the legal description as follows, to -wit: • Lots 1 and 2, Block 1, Pointe West Commons One and Lots 1, 2, 3, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Outlot A and Outlot B, Pointe West Commons Two 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -39 -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 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 -39 -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 is 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 M. Exhibit L, building elevations shall be revised to show only approved materials, i.e. bnck, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the townhouses and bnck and rock face block on side townhouse elevations. Exhibit E, grading plan shall be subject to further refinements on the park site as approved by Public Works and Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct number of existing trees on site and trees to be removed. Exhibit M, building material samples shall be submitted and approved. Exhibits B and E are replaced by revised plat and Resolution No. 02-045 -4- plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits A, E and F are modified by revised site, grading and utility plans as approved on August 20, 2001. B. Final PUD approval and development is contingent upon developer meeting all conditions of final plat approval including all MNDOT requirements. C. Pnor to any site work, the developer and property owner(s) shall meet the following requirements: 1. A drainage permit shall be obtained from MNDOT, if required. 2. A copy of the Watershed District permit(s) shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and all official exhibits, as approved by the City. 5. Meet conditions of City signing final plat. 6. Meet any other conditions as required by the Development Agreement. D. The developer shall comply with the following conditions during construction: 1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th Street, Alabama Avenue, and Blackstone Avenue. 2. 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. 3. Loud equipment shall be kept as far as possible from residences at all times. 4. The site shall be kept free of dust and debris that could blow onto neighbonng properties 5. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 6. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. E. Pnor to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for dunng construction. 2. The subdivider shall furnish the City with evidence of having submitted the final plat and cross -parking easement agreement for recording. 3. Lighting plans to be submitted to and approved by the Zoning Administrator for the entire development. Lighting design is to be compatible throughout the development, and shall meet all City standards. 4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit is required). 5. Meet any other conditions as required by the Development Agreement. F. Assuming other conditions have been met, a maximum of four buildings (66 units) may be occupied pnor to completion of public roadway and signal improvements. Residents' access to and from the first three townhome buildings shall be via the Zarthan Avenue entrance, unless the Zarthan entrance must be temporanly closed to accommodate completion of public improvements. When the fourth building is completed, residents may use the 16th Street entrance, unless the 16th entrance must be temporanly closed to accommodate public improvements. The fifth building at the intersection at 16th and Zarthan may not be • • Resolution No. 02-045 -5- occupied until all roadway improvements are complete and the new traffic signal is operational (amended September 18, 2000 and January 7, 2002) G. A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls and building and sign setbacks as shown on the approved site plan are contingent upon final PUD approval. H. Should the Zoning Administrator determine that parking is a problem in the future, the City may require proof of parking to be converted to parking. I. The developer shall attempt to obtain a wntten agreement to share parking dunng off-peak hours with the bank across Zarthan Avenue as overflow parking for the hotels J. Hardiplank is approved for this development on a tnal basis as a Class H material and may be used as shown on the Official Exhibits. K. The Final Planned Unit Development shall be amended on September 18, 2000 to incorporate all of the preceding conditions and add the following conditions: 1. Conditions A and F are modified as noted above. 2. If the CP Rail parcel does not become part of the publicly owned park, the developer shall pay an additional $28,000 in park dedication fees to the City. 3. Construction vehicles shall be prohibited from using 16th Street except for construction related to the park, 16th Street roadway improvements and other improvements adjacent to 16th St (e.g. sidewalks). The developer shall observe all local and state weight restrictions on roads within the City. Construction vehicles shall be permitted to use the townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and southbound Zarthan Avenue and westbound 16th Street in accordance with the MN Manual on Uniform Traffic Control Devices, to be approved by the Public Works Department. If the City determines that construction activity is causing traffic conflicts, it may require the developer to provide flag people to facilitate safe traffic on the adjacent roads. 4. If the property is part of the Parade of Homes pnor to realignment of Zarthan Avenue, flag people shall be required to direct Parade traffic to and from the Zarthan Avenue entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking cannot be accommodated on site, or is interfering with fire lanes, traffic circulation, etc., the Zoning Administrator may require the developer to provide alternative parking on nearby pnvate property. L. The Final Planned Unit Development shall be amended on February 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Condition A is modified as noted above. 2. The materials for the retaining walls being constructed along West 16th Street shall be similar to the matenals used on adjacent retaining walls along West 16th Street east of Zarthan Avenue. These matenals shall be submitted and approved by the Zoning Administrator pnor to the construction of the walls. M. The developer shall pay an administrative fine of $750.00 per violation of any conditions set forth in this resolution. N. The Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Both CSM and Rottlund must sign the amended official exhibits and new assent form. Resolution No. 02-045 -6- 2. The developers shall install signs at each project entrance indicating the approved times for construction. 3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site supervisor's home telephone number. 4. In the event that City staff determines that construction activity continues outside of approved hours, Rottlund shall provide an on-site night security guard at Rottlund's expense, to ensure that such violations do not continue. 5 Conditions A and M are modified as noted above. O. The Final Planned Unit Development shall be amended on January 7, 2002 to incorporate all of the preceding conditions and add the following conditions: 1. Condition F. is modified as noted above. 2. The developer is required to coordinate private improvements with the future schedule for public improvements, which may include the temporary closing of certain project entrances and other disruptions. 3. The developer is required to accommodate any emergency access requirements of the Fire Marshall. 4. The Rottlund Company agrees to initiate the construction of the last townhouse building in this project by no later than May 31, 2002. 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. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No 02-045 adopted at the St. Louis Park City Council meeting held on May 6, 2002. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of May, 2001. —)1el.:4 . Nancy J. Stroth, Deputy City Clerk Resolution No. 02-045 -2- WHEREAS, the Planning Commission held a public hearing, reviewed the amendment at its meeting of August 1, 2001 and recommended approval of the amendment on a vote of 5-1 with five members voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 01-079 on August 20, 2001 approving a major amendment to the Planned Unit Development to add two townhomes onto an existing building, and WHEREAS, on November 5, 2001 an application was received for a major amendment to the approved Planned Unit Development to allow additional occupancy pnor to roadway and signal improvements, and WHEREAS the Planning Commission held a public hearing, reviewed the amendment at its meeting of December 5, 2001 and recommended approval of the amendment on a vote of 4-0 with four members voting in the affirmative, and WHEREAS the City Council adopted Resolution No. 02-002 on January 7, 2002 approving a major amendment to the approved Planned Unit Development to allow additional occupancy pnor to roadway and signal improvements, and WHEREAS, the City Council has 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. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 CSM Hospitality, Inc. and Rottlund Companies have 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 "0" Office and R-4 Multiple Family Residential districts located at the Northwest quadrant of West 16th Street and Zarthan Avenue for the legal description as follows, to -wit: Lots 1 and 2, Block 1, Pointe West Commons One and Lots 1, 2, 3, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Outlot A and Outlot B, Pointe West Commons Two 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -39 -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. Resolution No. 02-045 -3- 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 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 -39 -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 Unit Development at the location described is 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 M. Exhibit L, building elevations shall be revised to show only approved matenals, ie. brick, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the townhouses and bnck and rock face block on side townhouse elevations. Exhibit E, grading plan shall be subject to further refinements on the park site as approved by Public Works and Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct number of existing trees on site and trees to be removed. Exhibit M, building matenal samples shall be submitted and approved Exhibits B and E are replaced by revised plat and plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits A, E and F are modified by revised site, grading and utility plans as approved on August 20, 2001 B. Final PUD approval and development is contingent upon developer meeting all conditions of final plat approval including all MNDOT requirements. C. Prior to any site work, the developer and property owner(s) shall meet the following requirements: 1. A drainage permit shall be obtained from MNDOT, if required. 2. A copy of the Watershed Distnct permit(s) shall be forwarded to the City. 3 Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and all official exhibits, as approved by the City. 5 Meet conditions of City signing final plat. 6 Meet any other conditions as required by the Development Agreement. D. The developer shall comply with the following conditions dunng construction: 1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th Street, Alabama Avenue, and Blackstone Avenue. 2 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. 3. Loud equipment shall be kept as far as possible from residences at all times. 4. The site shall be kept free of dust and debns that could blow onto neighbonng properties 5. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 6. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. Resolution No. 02-045 -4- E. Pnor to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for dunng construction. 2. The subdivider shall furnish the City with evidence of having submitted the final plat and cross -parking easement agreement for recording 3. Lighting plans to be submitted to and approved by the Zoning Administrator for the entire development. Lighting design is to be compatible throughout the development, and shall meet all City standards. 4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit is required). 5. Meet any other conditions as required by the Development Agreement. F. Assuming other conditions have been met, a maximum of four buildings (66 units) may be occupied pnor to completion of public roadway and signal improvements. Residents' access to and from the first three townhome buildings shall be via the Zarthan Avenue entrance, unless the Zarthan entrance must be temporanly closed to accommodate completion of public improvements. When the fourth building is completed, residents may use the 16th Street entrance, unless the 16th entrance must be temporanly closed to accommodate public improvements. The fifth building at the intersection at 16th and Zarthan may not be occupied until all roadway improvements are complete and the new traffic signal is operational. (amended September 18, 2000 and January 7, 2002) G. A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls and building and sign setbacks as shown on the approved site plan are contingent upon final PUD approval. H. Should the Zoning Administrator determine that parking is a problem in the future, the City may require proof of parking to be converted to parking. I. The developer shall attempt to obtain a written agreement to share parking dunng off-peak hours with the bank across Zarthan Avenue as overflow parking for the hotels. J. Hardiplank is approved for this development on a tnal basis as a Class II material and may be used as shown on the Official Exhibits. K. The Final Planned Unit Development shall be amended on September 18, 2000 to incorporate all of the preceding conditions and add the following conditions: 1. Conditions A and F are modified as noted above. 2. If the CP Rail parcel does not become part of the publicly owned park, the developer shall pay an additional $28,000 in park dedication fees to the City. 3. Construction vehicles shall be prohibited from using 16th Street except for construction related to the park, 16th Street roadway improvements and other improvements adjacent to 16th St (e.g. sidewalks). The developer shall observe all local and state weight restrictions on roads within the City. Construction vehicles shall be permitted to use the townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and southbound Zarthan Avenue and westbound 16th Street in accordance with the MN Manual on Uniform Traffic Control Devices, to be approved by the Public Works Department. If the City determines that construction activity is causing traffic conflicts, it may require the developer to provide flag people to facilitate safe traffic on the adjacent roads. 4. If the property is part of the Parade of Homes prior to realignment of Zarthan Avenue, flag people shall be required to direct Parade traffic to and from the Zarthan Avenue entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking cannot be accommodated on site, or is interfering with fire lanes, traffic circulation, etc., the Zoning Administrator may require the developer to provide alternative parking on nearby private property. • • • • Resolution No. 02-045 -5- L. The Final Planned Unit Development shall be amended on February 20, 2001 to incorporate all of the preceding conditions and add the following conditions• 1. Condition A is modified as noted above. 2 The materials for the retaining walls being constructed along West 16th Street shall be similar to the matenals used on adjacent retaining walls along West 16th Street east of Zarthan Avenue. These matenals shall be submitted and approved by the Zoning Administrator prior to the construction of the walls. M. The developer shall pay an administrative fine of $750.00 per violation of any conditions set forth in this resolution. N. The Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Both CSM and Rottlund must sign the amended official exhibits and new assent form. 2 The developers shall install signs at each project entrance indicating the approved times for construction. 3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site supervisor's home telephone number. 4. In the event that City staff determines that construction activity continues outside of approved hours, Rottlund shall provide an on-site night secunty guard at Rottlund's expense, to ensure that such violations do not continue. 5. Conditions A and M are modified as noted above. 0 The Final Planned Unit Development shall be amended on January 7, 2002 to incorporate all of the preceding conditions and add the following conditions: 1. Condition F. is modified as noted above 2. The developer is required to coordinate pnvate improvements with the future schedule for public improvements, which may include the temporary closing of certain project entrances and other disruptions. 3 The developer is required to accommodate any emergency access requirements of the Fire Marshall. 4. The Rottlund Company agrees to initiate the construction of the last townhouse building in this project by no later than May 31, 2002. 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: Attest: Ci y Clerk Adopte by the y Council May 6, 2002 Mallor • • • Nay C. c ;‘`. -n �7 ;., rr m (Tib _i7 Ci �i n z m f of rt ,c2�i� E mDJn M K c 1 ) 2 0 2- Z co pzrn —� ' . . . " S : ,—. I z RESOLUTION NO. 02-045 3559e23 kin< co Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, 01-079, 02-002 A RESOLUTION AMENDING RESOLUTION 02-002 APPROVED ON JANUARY 7, 2002 APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE AND R-4 MILTIPLE FAMILY RESIDENTIAL LOCATED AT NORTHWEST QUADRANT OF WEST 16Th STREET & ZARTHAN AVENUE WHEREAS, the City Council approved the Preliminary PUD on May 1, 2000, Resolution No. 00-060; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on May 22, 2000 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at its meeting of June 7, 2000, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 4- 0 vote with all members present voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 00-075 on June 19, 2000 approving the Final PUD, and