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HomeMy WebLinkAbout05-125 - ADMIN Resolution - City Council - 2005/09/190 RESOLUTION NO. 05-125 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 — HIGH DENSITY RESIDENTIAL, IG — GENERAL INDUSTRIAL, AND FF — FLOOD FRINGE LOCATED AT 7000, 7002, 7050, 7052 EXCELSIOR BOULEVARD and 3985 MEADOWBROOK ROAD WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was received on July 18, 2005 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary and Final 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, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of August 17, 2005, and WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on August 4, 2005, and ®WHEREAS, the Planning Commission opened the public hearing at the meeting of August 17, 2005, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 5-1 vote with five members present voting in the affirmative and one opposed, 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. RKL Landholdings, LLC (Emad Abed) and ARCA have 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 — High Density Residential, IG — General Industrial, and FF — Flood Fringe distncts located at 7000, 7002, 7050, 7052 Excelsior Boulevard and 3985 Meadowbrook Road for the legal description as follows, to -wit: Resolution No. 05-125 -2- Tracts B and C and a portion of Tract D, RLS No. 167 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -44 -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 serious 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 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 05 -44 -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 described is approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits, except that the landscape plan may be revised to reflect comments by the Environmental Coordinator related to proposed plant species. 2. Parking, building height, and setback modifications are approved as follows: a. A 20% total parking reduction including a 10% reduction for transit, 5% for bicycle parking provided that bicycle parking is provided for residents. b. Building height of 81 feet measured from the front elevation c. A sideyard setback modification of 8 feet on west side and front yard setback modification of 23 feet. 3. Prior to signing the Final Plat, the following conditions shall be met: a. Condominium association papers and other Final Plat documents shall be received and approved by the City Attorney. b. The applicant shall submit cash in lieu of tree replacement that meets the current replacement formula. c. An easement over all sidewalks and trails proposed on private property and intended for public access shall be submitted and approved by the City Attorney. d. An easement allowing public use of six parking spaces shall be submitted and approved by the City Attorney. e. A conservation easement over all of Outlot A is submitted and approved by the City Attorney. f. An easement document shall be submitted and approved by the City Attorney showing the ability to use the property at 3985 Meadowbrook Road for floodplain replacement. Resolution No. 05-125 -3- 4. Prior to starting any site work, the following conditions shall be met: 4110 a. The Planning Contract shall be signed that address, at a minimum, construction staging/routes/hours/duration, required completion of improvements prior to occupancy, allowable administrative amendments, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney. The Planning Contract should also require that the proposed public art sculpture is reviewed by the Friends of the Art prior to implementation. b. A copy of Minnehaha Creek Watershed District permit from must be provided. c. An erosion control permit must be secured from the City. 5. The hours of construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to the hours between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. 6. Fire lanes shall be marked in accordance with the attached exhibit. 7. Prior to issuance of any building permits, which may impose additional conditions, the following conditions shall be met: a. Evidence of filing the final plat shall be submitted. b. Evidence of filing easements over all sidewalks proposed on private property to be used by the public. 1111) c. Evidence of filing of conservation easements shall be provided. d. Color samples of all materials, shall be submitted and approved by the Zoning Administrator. e. An Irrigation Plan shall be submitted and approved by the Zoning Administrator. f. A Lighting Plan, including light fixture details shall be submitted and approved by the Zoning Administrator. g. The existing billboard shall be removed. 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 Preliminary and 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. Resolution No. 05-125 -4- The City Clerk is instructed to record certified copies of this resolution in the Office of the Henne. in County Register of Deeds or Registrar of Titles as the case may be. Revie dministration: City Maria Attest: Adopted by the City Council September 19, 2005 04 2c6at,