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HomeMy WebLinkAbout04-119 - ADMIN Resolution - City Council - 2004/10/04RESOLUTION NO. 04-119 ® A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED RC MULTI -FAMILY RESIDENTIAL LOCATED AT 8200 33RD STREET WEST • WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was accepted as completed on June 21, 2004 from the applicant, and WHEREAS, the time period for review was extended an additional 60 days until October 19, 2004, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of September 1, 2004, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD 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 Stonebridge Development and Acquisition, LLC, 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 RC Multi -Family Residential distract located at 8200 33"I Street West for the legal description as follows, to -wit. Lot 2, Block 1, Aquila Park Addition, according to the dually recorded plat thereof of Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -24 -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 Comprehensi-ve Plan, and eompli-anee 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). Resolution No. 04-119 -2- 4. The contents of Planning Case File 04 -24 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development at the location descnbed 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 conformance with the Final PUD official exhibits. 2. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits as modified pnor to signing to meet required conditions of this approval, and City Code; documents incorporated by reference herein. 3. Any signs must conform to the city's sign regulations. Pnor to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. 4. Pnor to any site work, the developer shall meet the following requirements: a. Stormwater design details must be submitted and approved by the Public Works Director. b. Final sidewalk construction specifications must be approved by the Public Works Director. c. A copy of the Watershed District permit shall be forwarded to the City. d. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. e. Any other necessary permits from other agencies shall be obtained. f. Sign Assent form and official exhibits. h Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed pnor to grading activities. 1 All other engineering requirements must be met. 5 Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: a. Meet all Public Works Department/Utility requirements as recommended by staff. b. The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed Distnct and MPCA c. Building matenals samples & colors must be submitted to and approved by Zoning Administrator. d. Meet any Fire Department emergency access requirements dunng construction. 6. 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. 0 • Resolution No. 04-119 -3- e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 7. Prior to issuance of any occupancy permit: a. Fire lanes shall be in accordance with the signed Official Exhibits. b. Landscaping and imgation shall be in accordance with the signed Official Exhibits and approved imgation plan except that a temporary C of 0 can be issued pnor to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and imgation improvements. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved matenals and colors except that signs shall be approved as part of a sign plan. d. Prior to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department 8. The developer shall provide the required number of replacement trees on site unless off-site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid. 9. All roof top equipment must be painted to match the color of the roof top, which is to be an earth tone color as approved by the zoning administrator. 10. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. 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. 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 appropnate and necessary The Mayor and City Manager are authorized to execute the development agreement. The Cit Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County ' ; gaster of Deeds or Registrar of Titles as the case may be. ,Review d it Administration: Adopted by the City Council October 4, 2004 City M �ag:,7 Attest: M. yor 54Z2 y Clerk le.a4 • • • TRANSFERED ENTERED HENNEP,N COUNT,/ TAXPAYER 8EIRVICES DEC 0 2 2004 �EtwEPlU INN 6Y 1 eUir RESOLUTION NO. 04-119 1 III 1 u 1 I I II Doc No 8488766 12/10/20 4 01 37 PM Certified filed and or recorded n above date Office of the County Re rder Hennepin County, Minne ota Michael H Cunniff, County Re order Deputy 3 TranslD 7975 Fees $15 00 DOC $4 50 SUR $5 00 MAIL $24 50 Total A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED RC MULTI -FAMILY RESIDENTIAL LOCATED AT 8200 33RD STREET WEST WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was accepted as completed on June 21, 2004 from the applicant,`and WHEREAS, the time period for review was extended an additional 60 days until October 19, 2004, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of September 1, 2004, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD 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 appeanng 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 Stonebridge Development and Acquisition, LLC, 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 RC ' Multi -Family' Residential district located at 8200 33`dc,Street- West for`' the legal ' descnption as follows, td -wit: . 'Resolution No. 04-119 -2- ® Lot 2, Block 1, Aquila Park Addition, according to the dually recorded plat thereof of Hennepin County, Minnesota • 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -24 -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 04 -24 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development at the location descnbed 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 conformance with the Final PUD official exhibits. 2. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits as modified pnor to signing to meet required conditions of this approval, and City Code; documents incorporated by reference herein. 3. Any signs must conform to the city's sign regulations. Pnor to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. 4 Prior to any site work, the developer shall meet the following requirements: a. Stormwater design details must be submitted and approved by the Public Works Director b. Final sidewalk construction specifications must be approved by the Public Works Director. - c. A copy of the Watershed Distnct permit shall be forwarded to the City. d. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. e. Any other necessary permits from other agencies shall be obtained. f Sign Assent form and official exhibits. • • • •Resolutron No. 04-119 -3- h. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed pnor to grading activities. i. All other engineering requirements must be met. 5. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: a. Meet all Public Works Department/Utility requirements as recommended by staff. b. The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies pnor to any site work, including the Minnehaha Creek Watershed District and MPCA. c. Building materials samples & colors must be submitted to and approved by Zoning Administrator. d. Meet any Fire Department emergency access requirements dunng construction. 6. 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. 7. Pnor to issuance of any occupancy permit: a. Fire lanes shall be in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved imgation plan except that a temporary C of 0 can be issued pnor to completion of landscaping and imgation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irrigation improvements. c. Extenor building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors except that signs shall be approved as part of a sign plan. d. Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be subrrutted to and approved by the Public Works Department. 8. The developer shall provide the required number of replacement trees on site unless off- site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid 9. All roof top equipment must be painted to match the color of the roof top, which is to be an earth tone color as approved by the zoning administrator. 10. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. Rcsoiuiron No. 04-119 -4- • 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. • • 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 The Mayor and City Manager are authorized to execute the development agreement. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the onginal Resolution No. 04-119 adopted at the St. Louis Park City Council meeting held on October 4, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 15th day of November, 2004. Nancy J. Strot- suty