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HomeMy WebLinkAbout05-147 - ADMIN Resolution - City Council - 2005/11/070 a -. RESOLUTION NO. 05-147 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 1324 AND 1332 KENTUCKY AVENUE WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was received on August 22, 2005 from the applicant, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of September 21, 2005, and moved to continue review, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD at the meeting of October 19, 2005 on a 5-0 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. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Findings 1. Parrish Hemmeke 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 1324 and 1332 Kentucky Avenue for the legal description as follows, to -wit: That part of Lots 355 through 358 inclusive, RICHMOND, according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, more particularly described as follows: Beginning at the southwest corner of Lot 358 in said RICHMOND; thence North 89 degrees 37 minutes 37 seconds East assumed bearing along the south line of .said lot 358 for a distance of 133.01 feet to the southeast corner of said lot 358; thence North 02 degrees 05 minutes 44 seconds East for a distance of 160.00 feet to the northeast comer of said lot 355; thence South 60 degrees 07 minutes 28 seconds West for a distance of 156.58 feet; thence South 02 degrees 08 minutes 04 seconds West for a distance of 82.82 feet to the point of beginning and there terminating. Resolution No. 05-147 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -52 -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 or 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 -52 -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 Preliminary and Final PUD official exhibits. 2. PUD Modifications. Setback modifications are approved as follows: a. A side yard setback modification allowing a side yard setback of 6' 7" on the east side of the site. b. A front yard setback modification allowing a front yard setback of 0' on the north side of the site. 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 developer, on behalf of the future homeowners association, shall submit an approved and signed maintenance agreement for the sidewalk along Kentucky Avenue. c. The developer shall submit a maintenance plan for the stormwater pond. 4. Prior to starting any site work, the following conditions shall be met: a. A Development Contract shall be signed that addresses construction staging and 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. • • • Resolution No. 05-147 -3- b. The developer shall provide a construction staging plan that shall include information regarding the off-site location of parking during the construction process. 5. The hours of construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 8:00 am and 6:00 pm weekdays and 9:00 am and 6:00 pm 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. Prior to issuance of any building permits, which may impose additional conditions, the following conditions shall be met: a. Color samples of all matenals, shall be submitted and approved by the Zoning Administrator. b. A Lighting Plan, including light fixture details shall be submitted and approved by the Zoning Administrator. c. The developer shall obtain all required permits from the City and other affected government agencies, including but not limited to Erosion Control Permits and Right -of -Way permits. In addition to any other remedies, the developer or owner shall pay an admimstrative 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. City Clerk is instructed to record certified copies of this resolution in the Office of the H Rev ew epin County Register of Deeds or Registrar of Titles as the case may be. for Administration: Attest: ger City Clerk fed by the City Council November 7, 2005 Ma r 1 .. L- - -v 1111 If (111111111 11(1 Doc No 6762953 03/13/2006 01 22 PM Certified filed and or recorded on above date Office of the Courity Recorder Hennepin County\Minnesota Michael H Cunniff, County Recorder Deputy 13 Tran'sID 199353 Fees $35 50 DOC $10 50 SUR $46 00 Total \\/ RESOLUTION NO. 05-147 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 1324 AND 1332 KENTUCKY AVENUE WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was received on August 22, 2005 from the applicant, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of September 21, 2005, and moved to continue review, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD at the meeting of October 19, 2005 on a 5-0 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 heanng or otherwise including comments in the record of decision. Park: NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Findings 1. Parrish Hemmeke 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 1324 and 1332 Kentucky Avenue for the legal description as follows, to -wit: That part of Lots 355 through 358 inclusive, RICHMOND, according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, more particularly described as follows: Beginning at the southwest corner of Lot 358 in said RICHMOND; thence North 89 degrees 37 minutes 37 seconds East assumed bearing along the south line of ° Itesoliftion No. 05-147 -2- said lot 358 for a distance of 133.01 feet to the southeast comer of said lot 358; thence North 02 degrees 05 minutes 44 seconds East for a distance of 160.00 feet to the northeast corner of said lot 355; thence South 60 degrees 07 minutes 28 seconds West for a distance of 156.58 feet; thence South 02 degrees 08 minutes 04 seconds West for a distance of 82.82 feet to the point of beginning and there terminating. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -52 -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 or 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 05 -52 -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 Preliminary and Final PUD official exhibits. 2. PUD Modifications. Setback modifications are approved as follows: a. A side yard setback modification allowing a side yard setback of 6' 7" on the east side of the site. b. A front yard setback modification allowing a front yard setback of 0' on the north side of the site. 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 developer, on behalf of the future homeowners association, shall submit an approved and signed maintenance agreement for the sidewalk along Kentucky Avenue. c. The developer shall submit a maintenance plan for the stormwater pond. 0 Resolution N'b. 05-147 -3- 4. Pnor to starting any site work, the following conditions shall be met: a. A Development Contract shall be signed that addresses construction staging and 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. b. The developer shall provide a construction staging plan that shall include information regarding the off-site location of parking during the construction process. 5. The hours of construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 8:00 am and 6.00 pm weekdays and 9:00 am and 6:00 pm 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. Pnor to issuance of any building permits, which may impose additional conditions, the following conditions shall be met: a. Color samples of all materials, shall be submitted and approved by the Zoning Administrator. b. A Lighting Plan, including light fixture details shall be submitted and approved by the Zoning Administrator. c. The developer shall obtain all required permits from the City and other affected government agencies, including but not limited to Erosion Control Permits and Right -of -Way permits. 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 City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 05-147 adopted at the St. Louis Park City Council meeting held on November 7, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006. Nancy J. Strofd, dy Clerk