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HomeMy WebLinkAbout03-139 - ADMIN Resolution - City Council - 2003/10/07Resolution No. 03-139 - 2 - WHEREAS, the City Council adopted Resolution No. 96-189 on December 2, 1996 rescinding Resolution No. 96-152 approving the Final PUD in order to correct the legal description and address; and WHEREAS, an amendment to the existing special permit for the 207 -unit senior apartment building at 3663 Park Center Boulevard was issued to allow certain site design changes (realignment of an existing trail and certain concrete curbs; construction of an additional sidewalk connection; and modifications to the approved landscape plan in association with construction of a 45 unit Assisted Living facility building) to the building at 3601 Park Center Boulevard (now 3633 Park Center Boulevard) pursuant to Resolution No. 96-153 dated October 7, 1996; and WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) for Park Shores Senior Condominiums was accepted as complete on June 26, 2003 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on July 24, 2003, and WHEREAS, the Planning Commission opened the public hearing at the meeting of August 6, 2003, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 5-0 vote subject to conditions including resolution of building shading issues, 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, and WHEREAS, it is the intent of this resolution to combine the existing special permit, Final Planned Unit Development located at 3601 Park Center Boulevard and proposed Planned Unit Development into one Planned Unit Development for the property, and WHEREAS, it is also the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 96-153 and 96-189, to add the amendments now required, and to consolidate all conditions applicable to the subject properties into this resolution, and WHEREAS, the contents of Planning Case Files 03 -38 -PUD, 96 -16 -PUD, 96 -25 -CUP, and 86 -20 -SP are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution Nos. 96-189 (filed as document no. 6771252) and 96-153 (document not filed) are hereby restated and amended by this Resolution No. 03-139 - 3 - resolution which continues and amends a Final Planned Unit Development for the subject property for the purpose of granting Preliminary PUD approval for a residential senior housing development permitting 150 dwelling units, in a building up to 14 stories and a unified development plan for the Park Shores Campus within a R -C Multi -Family Residential Zoning District at the location described above based on the following conditions: From special permit Res. 96-153 3663 Park Ctr. Blvd. (now also 3633 Park Center Blvd.): 1. That the site be developed, used and maintained in accordance with Exhibit A - Site Plan; Exhibit B - Ground Floor Plan; Exhibit C - Ground Floor Plan; Exhibit D - First Floor Plan; Exhibit E - Typical Floor Plan; Exhibit F - West Elevation and North Elevation; Exhibit G - East Elevation and South Elevation; and Exhibit H - Landscape Site Plan, except as modified by the following conditions: (The floor plans are for general purposes only.) (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. The use of the site shall be for senior citizen housing containing 207 units. 3. That all trash be stored inside the building and there be no outdoor storage of trash or trash containers. 4. ' That all lighting be directed perpendicular to the ground and no direct rays shall extend beyond the property line. 5. That the driveway and private entrance contain concrete, poured -in-place curbing measuring six inches above and below the adjacent roadway surface. 6. That the upper portions of the ramp in the interior of the parking lot contain 5% landscaping and pedestrian circulation and additional ornamental trees be provided along the south and east lot lines as shown on the revised plan, and that up to 20 parking spaces be permitted to be eliminated to provide for the additional landscaping. 7. That erosion control provisions be employed during the construction phase to protect Wolfe Lake and to minimize erosion on the site and runoff of erosion material into other private or public property. 8. That the entrance road be designed and constructed in a manner so as to protect the City storm sewer system and as specified by the Director of Public Works. 9. That driveways be constructed at a grade not to exceed 6%. 10. That the link from the cul de sac to the sidewalk be constructed at a grade not to exceed 5% and that all other walkways be constructed at a grade not to exceed 4% and curb drops be provided at all intersections with the private and public roads. 11. That the east -west walkway along the north property line be at least as wide as the adjacent trail in Wolfe Park to which it is to link with. Said walkway to be extended by the applicant to the walkway in Wolfe Park and be lighted using decorative lighting to match the lighting in Wolfe Park. 12. That prior to construction, an easement be provided to the City permitting the five feet parallel to Park Center Boulevard to be used for pedestrian purposes and that a pedestrian easement approximately 25 feet wide be provided along the north property line for pedestrian purposes. (The width is wider to accommodate the curvilinear nature of the design.) 13. That all improvements including buildings, landscaping, parking, curbing and other improvements as contained on the improved exhibits be completed by May 15, 1988; however, if a certificate of full occupancy is received by September 1, 1987, all landscaping and other improvements must be completed by October 15, 1987. 14. The continued special permit shall be amended pursuant to Planning Case No. 96 -25 - CUP to permit realignment of an existing trail and certain concrete curbs; construction of an additional sidewalk connection; and modifications to the approved landscape plan to allow Resolution No. 03-139 - 4 - construction of a 45 unit Assisted Living facility on 3633 Park Center Boulevard subject to the following conditions: a. The northern portion of the site shall be developed, used and maintained in accordance with Exhibit I: Demolition Plan, Exhibit J: Site Plan, Exhibit K: Grading, Drainage and Erosion Control Plan, Exhibit L: Landscape Plan such documents incorporated by reference herein. b. Prior to issuance of an erosion control permit and commencement of site work, a 14 feet wide trail easement shall be dedicated to the City in a form acceptable to the Director of Park and Recreation and the City Attorney. c. Prior to issuance of utility permits, details of the proposed storm sewer connection shall be approved by the City Engineer. d. Prior to issuance of an Occupancy Permit for the adjacent Assisted Living facility, the trail realignment shall be completed by the applicant in accordance with City specifications and in a manner acceptable to the Director of Park and Recreation, unless a letter of credit in an amount equal to 125% of the cost of said trail construction has been submitted in a form acceptable to the City Attorney. 15. Assent form and official exhibits must be signed by applicant prior to issuance of erosion control permit and commencement of site work. From Res. 96-189 final PUD for 3601 Park Center Blvd. (now also 3633 Park Center Blvd.): A. The site shall be developed, used and maintained in accordance with Exhibit A: Demolition Plan, Exhibit B: Site Plan, Exhibit C: Grading, Drainage and Erosion Control Plan, Exhibit D: Landscape Plan, Exhibits E and F: Elevations, Exhibit G: Fence, Enclosure Designs, and the following conditions: 1. Approval of the Final PUD does not grant any concept approval for future phases of development involving this property. 2. Approval of the Final PUD is contingent upon City Council approval of an amendment to the Continued Special Permit for the Parkshore Place apartment property to address associated improvements involving that property; approval of the Final PUD is further contingent upon adherence by the applicant to any conditions of such Special Permit approval. 3. Approval of the Final PUD includes modification of the lot width requirement in the "R -C" District from 80 feet to 40 feet and allows for administrative approval of a subdivision to create a separate lot for the Assisted Living property (3633 Park Center Boulevard) as shown on Exhibit B. 4. Approval of the Final PUD is contingent upon termination of the drive thru bank lease, once the current term expires, and removal of the drive thru building. 5. Evidence of Watershed District approval shall be submitted prior to issuance of erosion control and building permits; the project shall comply with other City, State, and Federal agency requirements as applicable. 6. Final Utility Plans and evidence of property owner consent to sanitary sewer connections shall be submitted and approved by the City Engineer prior to issuance of utility and building permits. 7. Samples of final building materials and colors and potential minor changes to the exhibits, as needed, shall be submitted and approved by the Director of Community Development prior to issuance of buildings permits. Use of vinyl siding is expressly prohibited. 8. A development agreement between the applicant and EDA shall be executed prior to issuance of building permits. Resolution No. 03-139 - 5 - 9. Irrigation and Site Lighting Plans (including photometric) shall be approved by the Zoning Administrator prior to issuance of building permits. 10. Sprinkler and Fire Alarm Plans shall be approved by the Fire Marshall prior to issuance of building permits. 11. Joint parking and access agreements between the office/bank property, Assisted Living Property, and Parkshore Place apartment property, in a form acceptable to the City Attorney, shall be executed prior to issuance of a Occupancy Permit for the Assisted Living facility. 12. All improvements shall be completed in a manner acceptable to the City prior to issuance of an Occupancy Permit, except that a temporary Occupancy Permit may be issued prior to completion of landscaping improvements provided a letter of credit in an amount equal to 125% of the cost of said improvements is submitted in a form acceptable to the City Attorney. The Planned Unit Development shall be amended on October 7, 2003 to incorporate all of the preceding conditions and to grant Preliminary PUD approval to Park Shores Senior Condominiums at 3601 Park Center Boulevard subject to Metropolitan Council approval of the associated Comprehensive Plan amendments adopted by the City Council (Case No. 03 -37 -CP) and subject to the following conditions: A. The preliminary PUD approval is granted in accordance with the Official Exhibits, which shall be revised to meet the recommended conditions including the approved right -in, right - out, left -in only access and designated guest parking. B. Prior to Final PUD consideration, all application requirements shall be met, including submission of a sign plan, association documents, guest parking plan and conformance with the City solar shading requirements in effect at the time of the application or approval of a variance from the shading requirements. Final PUD approval and development is contingent upon developer meeting all conditions of final approval, which shall include further consideration of the proposed parking plan. C. Prior to any site work, the developer shall meet the following requirements: 1. A development agreement shall be executed between the developer and the City that covers at a minimum, conditions for trail construction and repair and cleaning of public streets. 2. The City Attorney shall approve the association documents including covenants requiring the condominiums to be occupied by senior citizens. 3. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk installation and repair/cleaning of public streets. 4. Record all cross -easement agreements for access, utility, and drainage for the three lots within the PUD and record any required changes to the trail easement. 5. Reimburse the City for City attorney's fees in drafting/reviewing such documents. 6. Demolition and erosion control permits, Watershed District permit and other necessary permits from the City and other agencies shall be obtained. 7. Sign Assent form and official exhibits. 8. Meet any other required conditions of the Final PUD and development agreement. Resolution No. 03-139 - 6 - D. Prior 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 during construction. 2. Building materials samples to be submitted to and approved by the City. 3. Lighting plans to be submitted to and approved by the City 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. 5. Meet any other conditions as required by the Development Agreement. E. 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. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the final PUD. The development agreement shall address those issues which the City Council deems appropriate and necessary. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to acceptance of Final PUD application as complete. Reviewed for Administration: ted by the City Council October 7, 2003 Attest: C y Clerk