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HomeMy WebLinkAbout04-093 - ADMIN Resolution - City Council - 2004/08/02RESOLUTION NO. 04-093 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) WITH PUD MODIFICATIONS TO BUILDING HEIGHT, PARKING, AND DENSITY 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 (ELMWOOD VILLAGE) WHEREAS, the City Council approved the Preliminary PUD on March 22, 2004, Resolution No. 04-044; and WHEREAS, the resolution approved Alternative 1 development plan and also approved Alternative 2 development plan under certain circumstances; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on June 7, 2004 from the applicant, and WHEREAS, the Planning Commission held a public heanng and reviewed the Final PUD at the meeting of July 7, 2004, and WHEREAS, the Planning Commission found the Final PUD to be consistent with the Preliminary PUD and recommended approval of the Final PUD on a 4-1 vote with four members present voting in the affirmative and one member present voting opposed, 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. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 The Rottlund Company, Inc with the consent of Bill Johnson, Don Johnson, LaVera M Johnson, and Leo Zaback has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance 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, plus the south half of the vacated alley. Resolution No 04-093 -2- 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 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 descnbed 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 descnbed as follows: Resolution No. 04-093 -3- 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. 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 hes 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 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 serous 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 Resolution No. 04-093 -4- 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 03 -73 -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 with modification to building heights to allow a 50 foot high three-story Condominium Loft building and a 56 foot high four-story age -restricted (senior) condominium building 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. 2. The Preliminary PUD exhibits shall be amended prior to signing either preliminary or final PUD exhibits to accurately reflect the resolution approving the preliminary PUD and shall be subject to approved plan changes through the final PUD process. 3 Documents showing proposed cross -easements within the development including parking easements between the office use and residential uses and condominium documents. These document shall be approved by the City Attorney and found to be 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. 4. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed Distnct requirements. 5. Pnor to the City signing the Final Plat the applicant shall comply with the following requirements: a. Sign assent form and Final PUD and Plat official exhibits. b. 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 A planning contract 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 cntena for administrative amendments to the PUD. d. Provide a 12 -foot easement for additional right of way along the east side of Wooddale Avenue. e. Provide an easement for the required sidewalks along Alabama Avenue South and West 36th Street. f 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. Resolution No. 04-093 -5- g. 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. h. Submit payment for public art in the amount of $225 per dwelling unit. 6. Pnor to any site work, the developer shall meet the following requirements: a A copy of the Watershed Distnct permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. d 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. e. 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. f. Reimbursement of City attorney's fees in drafting/reviewing such documents g Provide to the city a mylar of the final plat along with proof of filing same with the county. 7. Pnor 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 dunng construction. b. The applicant shall furnish the City with evidence of recording of the trail and sidewalk easements. c. Building matenals samples shall be submitted to and approved by City. d A lighting plan and photometncs and irngation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. 8. The developer shall comply with the following conditions dunng 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 neighbonng 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. 9 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. 04-093 -6- 10. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a planning contract as a condition of approval of the Final P.U.D. The planning contract shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the planning contract. 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. d for Administration: City Attest: Adopted by the City Council August 2, 2004 /- / My 26a1 • 1111 hill 111 11111 NI 1111 Doc No 8424125 08/24/2004 12 00 PM Certified filed and of recorded on above date Office of th County Recorder Hennepin C unty, Minnesota Michael H Cunnff, County Recorder Deputy 22 1 TranslD 55363 Fees $15 00 DOC $4 50 SUR $5 00 MAIL 24 50 Total RESOLUTION NO. 04-093 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) WITH PUD MODIFICATIONS TO BUILDING HEIGHT, PARKING, AND DENSITY 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 37' STREET, 5912 OXFORD STREET, 5916 OXFORD STREET, 5920 OXFORD STREET, - • and 5926 OXFORD STREET (ELMWOOD VILLAGE) WHEREAS, the City Council approved the Preliminary PUD on March 22, 2004, Resolution No. 04-044; and WHEREAS, the resolution approved Alternative 1 development plan and also ap WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on June 7, 2004 from the applicant, and , ' WHEREAS, the Planning Commission held a public hearing and reviewed the Final PUD at the meeting of July 7, 2004, and WHEREAS, the Planning Commission found the Final PUD to be consistent with the Preliminary PUD and recommended approval of the Final PUD on a 4-1 vote with four members present voting in the affirmative and one member present voting opposed, and WHEREAS, the City Council has considered the -staff reports, Planning Commission minutes and testimony of those appeanng at the public heanng or otherwise including comments In the record of decision Resolution N�. 04-093 -2- BE IT RESOLVED BY the City Council of the City of St. Louis Park. Findings 1. The Rottlund Company, Inc with the consent of Bill Johnson, Don Johnson, LaVera M. Johnson, and Leo Zaback has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the R-4 Multi - Family Residential and R -C Multi -Family Residential distncts 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 descnption as follows, to -wit: Parcel 1: Lots 6 and 7, Block 43, St. Louis Park Centre, Hennepin County, Minnesota, plus the south half of the vacated alley. 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. 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. Lows 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. Resolution No. 04-093 -3- All of the following descnbed tract: Lots 25 to 29 inclusive, and that part of the North Half of the vacated alley adjoining Lots 25 to 29 inclusive, which hes 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 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 hes 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 Resolution N�. 04-093 -4- 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 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 detrimental 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 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 36-367(b)(5). 4. 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. Conclusion The Final Planned Unit Development at the location descnbed is approved with modification to building heights to allow a 50 foot high three-story Condominium Loft building and a 56 foot high four-story age -restricted (senior) condominium building 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. 2. The Preliminary PUD exhibits shall be amended prior to signing either preliminary or final PUD exhibits to accurately reflect the resolution approving the preliminary PUD and shall be subject to approved plan changes through the final PUD process. 3 Documents showing proposed cross -easements within the development including parking easements between the office use and residential uses and condominium documents. These document shall be approved by the City Attorney and found to be 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. 4 Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed Distnct requirements. Resolution N�. 04-093 -5- •_,5. Prior to the City signing the Final Plat the applicant shall comply with the following requirements: • a. Sign assent form and Final PUD and Plat official exhibits. b Submit financial secunty 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. A planning contract 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 cntena for administrative amendments to the PUD. d. Provide a 12 -foot easement for additional nght of way along the east side of Wooddale Avenue. e Provide an easement for the required sidewalks along Alabama Avenue South and West 36`h Street f. 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. g. 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. h. Submit payment for public art in the amount of $225 per dwelling unit. 6. Prior to any site work, the developer shall meet the following requirements: a. A copy of the Watershed Distnct permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. d. Submit financial secunty 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. e. 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. f. Reimbursement of City attorney's fees in drafting/reviewing such documents. g Provide to the city a mylar of the final plat along with proof of filing same with the county. 7. Pnor 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 matenals samples shall be submitted to and approved by City. Resolu,tion N6. 04-093 -6- d. A lighting plan and photometncs and imgation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. 8. The developer shall comply with the following conditions dunng 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. 9. 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. 10. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a planning contract as a condition of approval of the Final P.U.D. The planning contract shall address those issues which the City Council deems appropnate and necessary The Mayor and City Manager are authorized to execute the planning contract. 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. August 2, 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 onginal Resolution No. 04-093 adopted at the St. Louis Park City Council meeting held on August 2, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 18th day of August, 2004. Nancy J. Deputy City Clerk • • M 111 T , D -° r t 'n�my O t 5 0 • CYz �-I 0 Fro D3 Z o 30 m �7 4�1i 10760 RESOLUTION NO. 04-093 scd1,vNFO A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) WITH PUD MODIFICATIONS TO BUILDING HEIGHT, PARKING, AND DENSITY 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 (ELMWOOD VILLAGE) WHEREAS, the City Council approved the Preliminary PUD on March 22, 2004, Resolution No. 04-044; and WHEREAS, the resolution approved Alternative 1 development plan and also ap WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on June 7, 2004 from the applicant, and WHEREAS, the Planning Commission held a public heanng and reviewed the Final PUD at the meeting of July 7, 2004, and WHEREAS, the Planning Commission found the Final PUD to be consistent with the Preliminary PUD and recommended approval of the Final PUD on a 4-1 vote with four members present voting in the affirmative and one member present voting opposed, 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 04-093 -2- BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The Rottlund Company, Inc. with the consent of Bill Johnson, Don Johnson, LaVera M. Johnson, and Leo Zaback has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the R-4 Multi - Family Residential and R -C Multi -Family Residential distncts 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, plus the south half of the vacated alley. 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 ---‘aNorth 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. Clg 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 hes 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 hes 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. • • Resolution No. 04-093 -3- All of the following descnbed 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 descnbed as follows: Line A. Commencing at the Southwest cornier 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. 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 hes 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 • • Resolution No. 04-093 -4- 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 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 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 36-367(b)(5) 4. 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. Conclusion The Final Planned Unit Development at the location descnbed is approved with modification to building heights to allow a 50 foot high three-story Condominium Loft building and a 56 foot high four-story age -restricted (senior) condominium building 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. 2 The Preliminary PUD exhibits shall be amended prior to signing either preliminary or final PUD exhibits to accurately reflect the resolution approving the preliminary PUD and shall be subject to approved plan changes through the final PUD process 3. Documents showing proposed cross -easements within the development including parking easements between the office use and residential uses and condominium documents. These document shall be approved by the City Attorney and found to be 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. 4. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District requirements. Resolution No. 04-093 -5- • . 5. Prior to the City signing the Final Plat the applicant shall comply with the following requirements: a. Sign assent form and Final PUD and Plat official exhibits. b. Submit financial secunty 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 A planning contract 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 cntena for administrative amendments to the PUD. d. Provide a 12 -foot easement for additional nght of way along the east side of Wooddale Avenue. e. Provide an easement for the required sidewalks along Alabama Avenue South and West 36th Street. f. 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. g. 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. h. Submit payment for public art in the amount of $225 per dwelling unit. III6 Pnor 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 Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. d. Submit financial secunty 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. e 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. f. Reimbursement of City attorney's fees in drafting/reviewing such documents. g Provide to the city a mylar of the final plat along with proof of filing same with the county. 7. Pnor 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 matenals samples shall be submitted to and approved by City. Resolution No. 04-093 -6- d A lighting plan and photometncs and irrigation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. 8 The developer shall comply with the following conditions dunng 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. 9 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. 10. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a planning contract as a condition of approval of the Final P.U.D. The planning contract shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authonzed to execute the planning contract. 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. August 2, 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 onginal Resolution No. 04-093 adopted at the St. Louis Park City Council meeting held on August 2, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 18th day of August, 2004. NaNannY troth (VDe ut City Clerk