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HomeMy WebLinkAbout05-162 - ADMIN Resolution - City Council - 2005/11/21RESOLUTION NO. 05-162 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 M -X MIXED USE AND R -C MULTI -FAMILY RESIDENTIAL LOCATED AT 5616 36TH STREET WEST 3550 STATE HIGHWAY NO. 100 SOUTH 3501 XENWOOD AVENUE SOUTH 5626 36TH STREET WEST WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) was received on September 20, 2005 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary 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 PUD concept at the meeting of November 2, 2005, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on October 20, 2005, and WHEREAS, the Planning Commission opened the public hearing at the meeting of November 2, 2005, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 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: Resolution No. 05-162 -2- Findings 1. Union Land II, 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 M -X Mixed Use and R -C Multi -Family distncts located at 5616 36th Street West, 3550 State Highway No. 100 South, 3501 Xenwood Avenue South, and 5626 36th Street West for the legal description as follows, to -wit: Parcel A: 3501 Xenwood Avenue South Lots 11 to 23 inclusive, Block 27, "Rearrangement of St. Louis Park" Torrens Parcel B: 5616 36th Street West Lots 7 and 10 except the South 18 feet of said lots, Block 27, "St. Louis Park" Abstract Lots 24 and 25, except the South 18 feet of said lots, Block 27, "Rearrangement of St. Louis Park" and Lot 9, except the South 18 feet thereof, Block 27, "St. Louis Park" Torrens Parcel C: 3550 Highway 100 South A tract of land compnsing Lots 10 to 34, inclusive, Block 26, "Rearrangement of St. Louis Park" and the vacated alleys in said Block 26; Lots 3 to 13 inclusive, Block 75, "Rearrangement of St. Louis Park" and the vacated alley in said Block 75; all the vacated Webster Avenue, Former First St., adjoining the Easterly line of said Block 26; Lots 1 to 7, inclusive, and a part of Lots 8, 9 and 10, Block 14, "Collins' Addition to St. Louis Park"; and a part of the Northwest Quarter of the Southwest Quarter, Section 6, Township 28, Range 24; all described as follows: Beginning at the Southwest corner of Block 26, "Rearrangement of St. Louis Park"; thence East along the South line of said Block 26 and its extension to the Southeast corner of Lot 13, Block 75, "Rearrangement of St. Louis Park" ; thence South along the West line of the Southwest Quarter of Section 6, Township 28, Range 24, to the Westerly right-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly right-of-way line to the Northwesterly line of said Block 14, "Collins' Addition to St. Louis Park"; thence Southwesterly along the Northwesterly line of said Block 14 and its extension to the Northwesterly corner of Lot 34, in said Block 26, thence South along the West line of said Block 26 to the point of beginning: EXCEPT that part thereof shown as Parcel 7 on Minnesota Dept. of Transportation Right of Way Plat Numbered 27-41. Torrens Parcel D: 5626 36th Street West Lots 6, Block 27, "St. Louis Park Addition" Abstract Resolution No. 05-162 -3- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -62 -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 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 -62 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location descnbed is approved based on the findings set forth above and subject to the following conditions: 1. Modifications to the Zoning are approved as follows: a. Setback modifications are approved as contained in the Official Staff Report to the City Council, dated November 21, 2005. b. A 15% reduction from the required off-street parking spaces. 2. With the Final PUD, the following shall be submitted and approved: a. A final landscape plan, with a plan for irrigation. b. A tree replacement plan. c. A trash management plan. d. A lighting plan, including light fixture details. e. A plan for screening rooftop and ground mounted mechanical equipment. f. Building and architectural screening material samples and colors. g. Fire lanes must be shown on the final site plan. h. The smokestack and any related contamination on the site must be removed Resolution No. 05-162 -4- 3. Prior to starting any site work, the following conditions shall be met: a. Assent form and official exhibits must be signed by applicant and owner. b. The applicant must provide evidence the final plat is filed. c. A preconstruction conference shall be held with the appropriate development, construction and city representatives. d. A staging plan for demolition and construction shall be filed with the City. e. All necessary permits must be obtained. f. The billboard on the site must be removed. 4. Prior to issuing a final certificate of occupancy, all existing utilities must be placed underground. 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 ement shall address those issues which the City Council deems appropriate and necessary. ayor and City Manager are authorized to execute the development agreement. R d for Administration: City ! ana7lirr Attest: City Jerk A by the City Council November 21, 2005