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HomeMy WebLinkAbout04-044 - ADMIN Resolution - City Council - 2004/03/22RESOLUTION NO. 04-044 A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED R-4 MULTI -FAMILY RESIDENTIAL AND R -C MULTI -FAMILY RESIDENTIAL LOCATED AT 3630 WOODDALE AVENUE, 5951 and 5957 WEST 37TH STREET, 5912 OXFORD STREET, 5916 OXFORD STREET, 5920 OXFORD STREET, and 5926 OXFORD STREET WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) and Preliminary Plat was accepted as complete on December 31, 2003, from the applicant, and WHEREAS, the application did not include all properties that were reguided and rezoned in order to allow for a residential redevelopment in accordance with the Elmwood Area Land Use, Transit, and Transportation Study for property bounded by West 36th Street, Wooddale Avenue, Oxford Street, and Alabama Avenue South, and WHEREAS, the City Council stated a preference for including all properties within the Preliminary PUD and Plat, and WHEREAS, the applicant submitted two Preliminary PUD and Plat Alternatives on February 4, 2004, where Alternative 1 included all of the properties and Alternative 2 was the original submittal, and WHEREAS, notice of a public hearing on the Preliminary PUD and Plat alternatives was mailed to all owners of property within 500 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, the Planning Commission reviewed the Preliminary PUD and Plat concept alternatives at the meeting of February 18, 2004 , and WHEREAS, notice of public hearing on the Preliminary PUD and Plat with modifications to increase overall density and reduce parking was published in the St. Louis Park Sailor on February 5, 2004, and WHEREAS, the Planning Commission opened the public hearing at the meeting of February 18, 2004, and WHEREAS, the Planning Commission recommended that Alternative 1 is the preferred alternative for redevelopment of the total property, subject to conditions, on a 6-0 vote with all members present voting in the affirmative, and Resolution No. 04-044 -2- WHEREAS, the Planning Commission recommended that Alternative 2 is an acceptable alternative development plan, with conditions, for the properties that it covers and the Commission believes the long term goals of the Elmwood Study as well as the Comprehensive Plan could be met with the Alternative 2 proposal, although sometime in the future, and the Commission does not find there would be negative impacts to the residential properties on the north side of Oxford Street. The recommendation was made on a 5-0-1 vote with one commissioner abstaining, 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. The Rottlund Company, Inc. (Quadion Corporation) with the consent of Bill Johnson, Don Johnson, LaVera M. Johnson, and Leo Zaback has made application to the City Council for two alternative preliminary Planned Unit Development schemes under Section 36-367 of the St. Louis Park Ordinance Code and for two alternative Preliminary Plats under Section 26 of the Municipal Code within the R-4 Multi -Family Residential and R -C Multi -Family Residential districts located at 3630 Wooddale Avenue, 5951 and 5957 West 37th Street, 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, and 5926 Oxford Street for the legal description as follows, to -wit: Parcel 1: Lots 6 and 7, Block 43, St. Louis Park Centre, Hennepin County, Minnesota. Abstract Land Parcel 2: Lots 22 to 35, both inclusive, Block 43, Rearrangement of St. Louis Park, and the South Half of the vacated alley adjoining said Lots, according to the recorded plats thereof, Hennepin County, Minnesota. Abstract Land Parcel 3: Lots 4 and 5, Block 43, St. Louis Park Centre, according to the plat thereof on file or of record in the office of the County Recorder in and for Hennepin County, Minnesota. Lots 14 and 15 and Lots 18 to 21, inclusive, Block 43, Rearrangement of St. Louis Park, and Lots 16 and 17, Block 43, Rearrangement of St. Louis Park, except that part of said lots lying Northeasterly of a line drawn from a point on the North line of said Lot 17 distant 2.89 feet Easterly from the Northwest corner of said Lot 17, to a point on the North line of said Lot 16 distant 8.89 feet Southeasterly from the most Northerly corner of said Lot 16, according to the plat thereof on file or of record in the office of the County Recorder in and for Hennepin County, Minnesota. Resolution No. 04-044 -3- The North Half of the vacated alley adjoining Lots 4 and 5, Block 43, St. Louis Park Centre, and Lots 14 to 21, inclusive, Block 43, Rearrangement of St. Louis Park, according to the recorded plats thereof, Hennepin County, Minnesota. Torrens Certificate No. 643802. Parcel 4: Lots 30 to 36 inclusive, and that part of the North Half of the vacated alley adjoining Lots 30 to 36 inclusive, which lies between the extensions across it of the West line of said Lot 36 and the East line of Lot 30; Lots 44 to 57 inclusive, and that part of the South Half of the vacated alley adjoining Lots 44 to 57 inclusive, which lies between the extensions across it of the West line of said Lot 44 and the East line of Lot 57, all in Block 47, "rearrangement of St. Louis Park," according to the recorded plat thereof, Hennepin County, Minnesota. All of the following described tract: Lots 25 to 29 inclusive, and that part of the North Half of the vacated alley adjoining Lots 25 to 29 inclusive, which lies between the extensions across it of the West line of said Lot 29 and the Southwesterly line of Wooddale Avenue, formerly Pleasant Avenue; Lots 58 to 64 inclusive, and that part of the South Half of the vacated alley adjoining Lots 58 to 64 inclusive, "Rearrangement of St. Louis Park," which lies between the extensions across it of the West line of said Lot 58 and the Southwesterly line of Wooddale Avenue, formerly Pleasant Avenue, all in Block 47, "Rearrangement of St. Louis Park," according to the recorded plat thereof, Hennepin County, Minnesota, except that part thereof which lies Southeasterly, Easterly and Northeasterly of Line A described as follows: Line A: Commencing at the Southwest corner of Lot 58, Block 47, Rearrangement of St. Louis Park; thence Easterly 090 degrees 31 minutes 53 seconds, assumed azimuth from North, 19.91 feet along the South line of said Block 47 to the point of beginning of Line "A"; thence Northeasterly 142.20 feet on a tangential curve concave to the North, radius 271.56 feet and central angle 30 degrees 00 minutes 12 seconds; thence Northerly 015 degrees '31 minutes 41 seconds azimuth 26.39 feet; thence Northwesterly 330 degrees 31 minutes 41 seconds azimuth 81.21 feet; thence Northwesterly 157.07 feet on a tangential curve concave to the Southwest, radius 914.93 feet and central angle 9 degrees 50 minutes 10 seconds; thence Northwesterly 320 degrees 41 minutes 31 seconds azimuth 100 feet, tangent to said curve and there terminating. Lot 7, and that part of the North Half of the vacated alley adjoining Lot 7, Block 47, "St. Louis Park Centre", lying between the extensions across it of the East line of said Lot 7 and the West line of Lot 44, Block 47, "Rearrangement of St. Louis Park"; Lots 8 to 11 inclusive: All in Block 47, "St. Louis Centre", according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Resolution No. 04-044 -4- Lots 37, 38 and 39, and that part of the North Half of the vacated alley adjoining Lots 37, 38 and 39, Block 47, "Rearrangement of St. Louis Park", which lies between the extensions across it of the West line of said Lot 39 and the East line of Lot 37, Block 47; All in "Rearrangement for St. Louis Park", according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Torrens Certificate No. 643803. Parcel 5: Lots 14 and 15, Block 47, St. Louis Park Centre, Hennepin County, Minnesota Abstract Land Parcel 6: Lots 40 through 43, Block 47, Rearrangement of St. Louis Park according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -73 -PUD) and the effect of the alternative proposed preliminary PUD and plat schemes 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 alternative preliminary PUD and plat schemes will not be detrimental 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 preliminary PUD alternatives are 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 City Council has also determined that Alternative 1 preliminary PUD and plat are superior in design with more amenities and superior functionality to Alternative 2 preliminary PUD and plat. 5. The contents of Planning Case File 03 -73 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. 6. The City may ask the Economic Development Authority to determine whether the acquitiions of the Quadion property east of Wooddale Avenue (i.e. 5810 West 37th Street and 3601 Wooddale Avenue) is in the public interest in light of the future civic space and mixed-use envisioned for these properties in the Elmwood Area Land Use, Transit and Transportation Study and the undetermined need for additional right of way on Wooddale Avenue. • Resolution No. 04-044 -5- Conclusion The Preliminary Planned Unit Development and Preliminary Plat for Alternative 1 including 80 senior residential units, 66 condominiums and 78 townhomes at the location described is approved with a 2% increase to density, a 10% decrease to parking, and a 5 -foot increase to the senior and condominium building heights, allowing up to 45 feet as measured from the mean curb level of adjacent public streets based on the findings set forth above and subject to the following conditions: 1. The Preliminary PUD exhibits shall be amended prior to signing to accurately reflect the resolution approving the preliminary PUD and shall be subject to approved plan changes through the final PUD process. 2. Final PUD consideration shall include a public hearing at the Planning Commission. At least 30 days prior to the Planning Commission public hearing, applicant shall submit complete final PUD application materials, including a request for variance from the private street width requirement of the subdivision ordinance, which shall comply with conditions of approval of the preliminary PUD and with issues identified in the staff report including but not limited to: a. Provide a final landscape plan that meets all of the bufferyard requirements, requirements for boulevard trees to be installed within 6 -foot boulevards around the periphery of the site, and pond vegetation plantings. b. Provide a final site plan that: i. Shows a modified "pork chop" design at the northern access road and Wooddale Avenue. ii. Shows 6 -foot wide public sidewalks along Alabama Avenue South and West 36th Street. iii. Shows a 6 -foot boulevard between the sidewalk and curb of abutting public streets. iv. Shows a good faith effort to resolve concerns relating to stormwater design by submitting an alternative design which may include below -ground vault storage or submitting an analysis of why alternative designs are not feasible. c. Provide building elevations indicating proposed building heights and materials that comply with the R4 District requirements with a maximum 5 -foot building height modification, architecture design and PUD sections of the code. If building height modifications greater than the 5 feet granted in this resolution are requested as part of the Final PUD and Plat application, the Planning Commission shall consider the request at the public hearing and make recommendations concerning such modification requests. Building elevations shall also comply with the following: i. Building elevations for the senior building shall also show a major entrance along West 36th Street. ii. Building elevations for the condo building shall show either individual entrances to first floor units or a major (resident/visitor) entrance on Wooddale Avenue. iii. Any exposed garage levels of buildings shall include a superior exterior design and the east building elevation of the condominium building shall display 100% Class 1 building materials with window openings similar to those proposed for the first floor level. Resolution No. 04-044 -6- d. Provide a final plat drawing that reflects additional right of way dedication to accommodate the right turn lane and trail at the northern end of Wooddale Avenue. e. Provide a detailed plan of the usable open space showing how it will meet the proposed new designed outdoor recreation area definition. f. Provide documents showing proposed cross -easements within the development including parking easements between the office use and residential uses and condominium documents in accordance with subdivision requirements. The condominium documents shall include a clause that states the condominium association agrees to provide regular injections to any Elm trees that are shown as remaining on the tree removal and landscape plans. g. Provide details of the pond (if included at final PUD), showing how it is lined to retain permanent water to the 194.0 elevation, and proposed landscaping. h. Provide details for the retaining wall (if included at final) that show either how an artistically designed pattern or other public art, such as a mural, will be applied to the wall and how it will be protected from graffiti. i. Provide a final grading plan that: 1. Provides details for the two-stage outlet for the pond used in the hydrologic calculations submitted for approval. 2. Reduces as much as possible the drainage area tributary to each underground parking driveway. 3. Shows lift stations at each parking garage entrance as necessary with final design. 4. Identified locations to which roof drains will direct water. 5. Reflects an additional storm sewer to be installed in the northerly parking area to collect runoff prior to this area draining to the east to Wooddale Avenue. 3. Final PUD and plat approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District requirements. 4. A PUD ordinance modification to allow a parking reduction of 10% is contingent upon final PUD approval. 5. A PUD ordinance modification to allow the overall housing density increase of 2% within the PUD is contingent upon final PUD approval. 6. A PUD ordinance modification to allow a building height increase of 5 feet for the senior building and condominium building is contingent upon final PUD approval. 7. Prior to the City signing the Final Plat the applicant shall comply with the following requirements: a. Submit financial security in the form of a cash escrow or letter of credit in the amount of $1000 to insure that a mylar copy of the final plat is provided. c. Provide a 12 -foot easement for additional right of way along the east side of Wooddale Avenue. d. Provide an easement for the required sidewalks along Alabama Avenue South and West 36th Street. e. The City Council shall adopt an ordinance vacating that portion of West 37th Street between Wooddale Avenue and Alabama Avenue South and the alley north of Oxford Street and east of Alabama Avenue South. • f. Submit payment for cash in lieu of park dedication in the amount of $900 per dwelling unit and trail dedication in the amount of $225 per dwelling unit. t • Resolution No. 04-044 -7- 8. Prior to any site work, the developer shall meet the following requirements: a. A copy of the Watershed District permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Sign assent form and Final PUD and Plat official exhibits. d. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. e. A development agreement shall be executed between the developer and the City, which covers at a minimum, sidewalk construction and maintenance, repair and cleaning of public streets, construction conditions, off site infrastructure improvements and cost share formulas, off-site parking, and criteria for administrative amendments to the PUD, and applicants withdrawal of Alternative 2 pursuant to Paragraph 14 herein if a preliminary agreement is executed by August 1, 2004, or extended date. f. 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, and tree replacement. g. Submit a check in the amount equal to $90 per caliper inch of the difference between required tree replacement and the actual replacement as reflected by the final landscape plan. g. Reimbursement of City attorney's fees in drafting/reviewing such documents. h. Provide to the city a mylar of the final plat along with proof of filing same with the county. 9. 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 trail and sidewalk easements. c. Building materials samples shall be submitted to and approved by City. d. A lighting plan and photometrics and irrigation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. 10. 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 debris 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. 411 11. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Resolution No. 04-044 -8- 12. Notwithstanding anything to the contrary in this Resolution, approval of the preliminary PUD and preliminary plat for Alternative 1 is conditioned on the developer and the St. Louis Park Economic Development Authority (EDA) having by August 1, 2004 reached a preliminary written agreement regarding tax increment assistance for development of the subject property in accordance with all the other terms and conditions of this resolution. Such preliminary agreement must (a) specify the principal amount and interest rate on a tax increment "pay as you go" revenue note, (b) be subject to the legal authority of the EDA and City to make all the findings required to establish a redevelopment tax increment district under Minnesota law, (c) be subject to negotiation of a final contract for private redevelopment that includes construction schedules, provision for recapture of tax increment assistance, and other usual and customary terms for EDA redevelopment contracts, and (d) be approved by the EDA board of commissioners. The August 1, 2004, deadline can be extended by agreement of both parties. 13. If the preliminary agreement referenced in paragraph 12 is not fully executed by August 1, 2004, the preliminary PUD and preliminary plat is deemed approved for Alternative 2, for property described in Finding No. 1, excluding Lots 14 and 15, Block 47, St. Louis Park Centre, Hennepin County, Minnesota and Lots 40 through 43, Block 47, Rearrangement of St. Louis Park. The approval of Alternative 2 is further subject to the developer negotiating in good faith for a preliminary agreement and accepting a reasonable tax increment assistance agreement and all other terms and conditions of this resolution, except for the following modifications: a. The street and alley vacations noted in 6e above are modified to include only the vacation of West 37th Street and not the alley. b. At least 30 days prior to final PUD consideration by the Planning Commission, applicant shall submit the following: i. A final PUD site plan that shows additional sidewalks to be installed by the developer at the developer's cost along Oxford Street and Alabama Avenue adjacent to the four residential properties that are excluded in the Alternative 2 proposal. ii. A final grading plan that indicates a first floor elevation for the townhouse building located on the proposed Lot 5 to be no higher than 207. iii. A final landscape plan that reflects a Bufferyard C between these properties and the proposed new townhouses and a Bufferyard D between these properties and the existing office. c. Prior to any site work, the developer shall meet the following requirements: i. Reach an agreement with the City to permanently maintain the alley on the north side of Oxford Street. ii. Reach an agreement with the City for the private use of public land in order to use the platted alley right of way for the private roadway. 14. If a preliminary agreement is fully executed by August 1, 2004 in accordance with paragraph 12, the preliminary PUD and plat approval in this resolution relates solely to Alternative 1, and nothing in this resolution will be construed as approval of Alternative 2 notwithstanding any events after August 1, 2004. Resolution No. 04-044 -9- 15. If the Economic Development Agency (EDA) of the Cityso requests, the developer will negotiate in good faith on the sale of 5810 West 37th Street and 3610 Wooddale Avenue to the EDA. 16. When Quadion Corporation vacates the premises on 5810 West 37th Street and 3610 Wooddale Avenue, reoccupancy of those properties will not be allowed unless adequate parking that meets the requirements of the St. Louis Park zoning code is provided. 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 P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. e City Manager and Mayor are authorized to execute the development agreement. Revi wed for ( dmimstration:rAdlted by the City Council March 22, 2004 V jiTilt� Ci M'!� City a_er7yor • Attest: