HomeMy WebLinkAbout03-082 - ADMIN Resolution - City Council - 2003/07/07RESOLUTION NO. 03-082
RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT
A
S (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING WITH VARIANCES FROM SECTION 36-194(c)(21)(a), (b),
AND (d) OF THE ZONING CODE TO REDUCE THE BUILDING HEIGHT
RESTRICTION FOR A PARKING RAMP LOCATED WITHIN 200 FEET OF
RESIDENTIAL, TO REDUCE THE SETBACK REQUIREMENT FOR A PARKING
RAMP LOCATED WITHIN 200 FEET OF RESIDENTIAL FROM 50 FEET TO 7 FEET
AND TO REDUCE THE BUFFERYARD REQUIREMENTS ADJACENT TO
RESIDENTIAL USES FROM A BUFFERYARD F TO A BUFFERYARD E WITHOUT A
BERM OR BERM WALL FOR PROPERTY ZONED C2 -GENERAL COMMERCIAL
LOCATED AT 2370 and 2440 STATE HIGHWAY 100 SOUTH
WHEREAS, an application for approval of a Planned Unit Development (PUD) with
variances was received and deemed complete on May 19, 2003, from the applicant, and
WHEREAS, notice of a public hearing on the Preliminary PUD with variances 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 with
variances at the meeting of June 4, 2003 , and
IIIWHEREAS, notice of public hearing on the Preliminary PUD with variances was
published in the St. Louis Park Sailor on May 22, 2003, and
WHEREAS, the Planning Commission opened the public heanng at the meeting of June
4. 2003, and on a vote of 4-0 moved to continue the public heanng to June 18, 2003, and
WHEREAS, on June 18, 2003, the Planning Commission recommended approval of the
Preliminary PUD with variances 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 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 SLP Motors, LLC (The Luther Company) has made application to the City Council for a
Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code with
vanances from Section 36-194(c)(21)(a), (b), and (d) of the zoning code to allow a parking ramp
height in accordance with approved Preliminary PUD elevation exhibits, to reduce the setback
requirement for a parking ramp located within 200 feet of residential from 50 feet to 6 feet and to
reduce the bufferyard requirements adjacent to residential uses from a Bufferyard F to a
Bufferyard D and E without a berm or berm wall within the C-2 General Commercial district
located at 2370 and 2440 State Highway 100 South for the legal description as follows, to -wit:
Resolution No. 03-082 -2-
Tract I:
That part of the South 310 feet of the North 340 feet of the Southwest Quarter of the
Northwest Quarter of Section 31, Township 29, Range 24, lying West of State Highway
No. 100 and lying East of a line drawn at a nght angle to the North line of said quarter
quarter and from a point therein distant 375 18 feet East of the Northwest corner of said
quarter quarter Abstract
Tract II:
Parcel 1:
That part of Tracts A and B, Registered Land Survey No 493, Files of Registrar of Titles,
County of Hennepin, lying Easterly and Southerly of a line parallel with and 22.5 feet
Easterly and Southerly of a line descnbed as beginning at a point in the South line of
said Tract B, distant 443.3 feet Easterly as measured along said South line, from the
Southwest corner of said Tract B; thence North 2 degrees 24 minutes East, 298.84 feet to
an intersection with a line parallel with and 242 5 feet Southerly of the Southerly right of
way line of the Great Northern Railroad nght of way, thence North 73 degrees 08
minutes East along last said parallel to the Easterly line of Tract C in said Registered
Land Survey and there terminating; except the East 50 feet of the above described
property. For the purposes of this description the West line of said Tract A is assumed to
bear due North and South.
Parcel 2:
That part of the Easterly 50 feet of Tracts A and B which lies Southerly of the Southerly
line of Tract C and of the Westerly extension of said Southerly line, all in Registered
Land Survey No. 493. Files of Registrar of Titles, County of Hennepin.
Parcel 3:
That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29, Range
24, lying south of the Great Northern Railway right of way and West of State Highway
No. 100, except that part descnbed as follows, to -wit: Commencing at the point of
intersection of the Southerly right of way line of the Great Northern Railway with the
Westerly nght of way line of State Highway No. 100; thence Southerly along said
Westerly nght of way line of State Highway No. 100, 377.6 feet; thence Westerly parallel
with said Southerly right of way line of Great Northern Railway, a distance of 400 feet;
thence at right angles Northerly 250 feet to the Southerly right of way line of Great
Northern Railway; thence Easterly along said nght of way line 220 feet; thence at right
angles Northerly along Great Northern Railway nght of way 80 feet; thence Easterly
along the Southerly right of way line of Great Northern Railway 364 feet to the point of
beginning, also except that part thereof embraced in Registered Land Survey No. 493.
Torrens
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case Nos. 03 -14 -PUD and 03 -23 -VAR) and the effect of the proposed PUD with
vanances 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. 03-082 -3-
3. The City Council has determined that the PUD with variances 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 seriously depreciate
surrounding property values. The Council has also determined that the proposed PUD with
vanances 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 36-367(b)(5).
4 The contents of Planning Case File Nos. 03 -14 -PUD and 03 -23 -VAR 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 with variances 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 accordance with the official exhibits,
subject to approved plan changes through the final PUD process.
2 Prior to final PUD consideration by the Planning Commission, applicant shall submit
complete final PUD application materials, which shall comply with conditions of
approval of the preliminary PUD and with issues identified in the staff report including
landscaping, building elevations and materials, site lighting, and signage plans and as
listed below
a Supply calculations that show the area being removed from the 100 -year flood
plain is replaced within the area under the parking ramp
b. Supply revised drawings for the west elevation of the parking lot that shows
greater use of the pattern motif.
c Work out any landscape plan revisions that may be identified by staff after further
analysis to meet the intent of the zoning code and PUD requirements.
d Revise the site plan to correspond with the final landscape plan that indicates the
final placement of sidewalks, addresses required parking lot setbacks, removes
any parking stalls located closer than 100 feet from a residentially used parcel.
e Submit a list of proposed test driving routes for consideration.
3. Final PUD approval and development is contingent upon developer meeting all
conditions of final approval including all Minnehaha Creek Watershed Distnct
requirements.
4 Prior to any site work, the applicant shall comply with the following requirements:
a. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, a development
agreement shall be executed between the developer and the City which covers at a
minimum, sidewalk and construction and maintenance, repair and cleaning of
public streets.
b. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of sidewalk installation and repair/cleaning of public
streets
c. Reimbursement of City attorney's fees in drafting/reviewing such documents.
d. Record an easement for the required sidewalk/trail where it is located on the
private property.
e. A copy of the Watershed District permit shall be forwarded to the City.
Resolution No. 03-082
-4-
f. Any other necessary permits from other agencies shall be obtained.
g. Sign assent form and official exhibits.
•
h. Obtain the required erosion control permits, utility permits and other permits
required by the City.
1. Meet any other conditions of final PUD approval.
5. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
a. Meet any Fire Department emergency access requirements for during
construction.
b. The applicant shall furnish the City with evidence of recording of the sidewalk
and trail easement
c. Building materials samples shall be submitted to and approved by City.
d. A lighting plan and photometncs and imgation plan meeting the ordinance
regulations shall be submitted to and approved by the community development
department.
These shall include lighting plans and details for the roof of the parking ramp.
e. Remove all non -conforming signs from the property.
6. The variance request to allow a bufferyard D and F between the PUD site and abutting
residentially used property as shown on the approved preliminary PUD exhibits is
contingent upon final PUD approval.
7. The variance request to allow setbacks for the parking ramp as shown on the approved
preliminary PUD exhibits is contingent upon final PUD approval.
8 The variance request to allow the height of the parking ramp as shown on the approved
preliminary PUD exhibits is contingent upon final PUD approval. •
9 The developer shall comply with the following conditions during construction:
a. 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. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debns that could blow onto neighboring
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
10. During operation of the motor vehicle sales the property owner shall comply with the
following:
a. No previously registered but currently unlicensed or nonoperable vehicles shall be
stored on premises.
b. A minimum of 50% of the vehicles for sale on the PUD premises shall be new
vehicles.
c Stnng lighting is prohibited.
d. The area of open sale or rental lot used for storage and display of merchandise
shall not exceed two square feet each square foot of building area.
e. Test dnving is prohibited on local residential streets.
f. Outdoor public address systems are prohibited.
g. All customer and employee parking shall be clearly designated and signed.
h. The display or storage of motor vehicles is prohibited on any public right-of-way.
i. No motor vehicle transport loading or unloading shall be permitted on any minor
residential street.
Resolution No. 03-082 -5-
11
5-1l Autobody/patnting is not permitted as an accessory use to the PUD without a major
S amendment to it.
12 All signage on the site shall comply with the current zoning code including removal if
existing rooftop and other non -conforming signs prior to issuance of building permit and
applying for permits for any new permanent or temporary signs.
13 The developer or owner shall pay an administrative fee of $750 per violation of any
condition of this approval.
14. Under the Zoning Ordinance Code, these variances shall be revoked and cancelled if the
building or structure for which variances are granted is removed.
Reviewed for Administration:
Attest.
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�„7 yClerk '
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Adopted by the City Council July 7, 2003
7
Mayor