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HomeMy WebLinkAbout06-010 - ADMIN Resolution - City Council - 2006/04/25RESOLUTION NO. 06-010 Amends and Restates Resolutions 04-093 and 04-124 4 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-124 ADOPTED ON OCTOBER 18, 2004, APPROVING A MINOR AMENDMENT TO 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) MINOR AMENDMENT FOR LOFT FLOOR PLAN CONVERSION FROM 63 UNITS TO 60 UNITS WHEREAS, The Rottlund Company, Inc., has made application to the City Council for a minor amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to allow a reduction and reconfiguration of the units in the Loft building at Elmwood Village within the R-4 Multi -Family Residential and R -C Multi - Family Residential Zoning Distncts having the following legal description: Elmwood Village WHEREAS, the City Council has considered the information related to Planning Case Nos. 03 -73 -PUD, 04 -53 -PUD, and 05 -70 -PUD and the effect of the proposed Minor Amendment 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 04-093 of the St. Louis Park City Council dated August 2, 2004 which contained conditions applicable to said property; and • • Resolution No.' 06-010 -2- WHEREAS, a minor amendment to the Final PUD was approved to reduce the height of the senior condominium building by one floor and reduce the number of units from 80 units to 60 units pursuant to Resolution No. 04-124 of the St. Louis Park City Council dated October 18, 2004; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 04-093 and Resolution No. 04-124, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 03 -73 -PUD, 04 -53 -PUD, and 05 -70 - PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFOR 11E IT RESOLVED that Resolution No. 04-124 (filed as document number 849196 4050580) is he by restated and amended by this resolution which continues and amends a Fi nit Development to the subject property within the R-4 Multi -Family Residential and R -C Multi -Family Residential Zoning Districts at the location descnbed above based on the following conditions. The Final Planned Unit Development at the location descnbed is approved with modifications to building heights to allow a 50 foot high three-story Condominium Loft building and a 56 foot high four-story age-restncted (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 documents 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 infections 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 Mmnehaha Creek Watershed Distnct requirements. Resoluticif. No: 06-010 -3- ii • 5. Prior to the City signing the Final Plat the applicant shall comply with the following requirements: o 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 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. 6. 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 dunng construction. b. The applicant shall furnish the City with evidence of recording of the trail and sidewalk easements. c. Building materials samples shall be submitted to and approved by City. d. A lighting plan and photometrics and irrigation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. 0 Resolutit.n No: 06-010 -4- 8. 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 debris 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 authorized to execute the planning contract. 11. The Planned Unit Development shall be amended on October 18, 2004 to incorporate all of the preceding conditions and to require the following: a. The payment for public art required pnor to signing the final plat shall be at a rate of $247.17 per dwelling unit. b. The age restricted (senior) condominium building elevations shall be amended to show a three-story building. 12. The Planned Unit Development shall be amended on January 3, 2006 to incorporate all of the preceding conditions and to allow the following: a. The Loft building may be converted from 63 units to 60 units overall, by changing 12 one -bedroom units to 9 two-bedroom units. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit, which may impose additional requirements. 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. 06-010 adopted at the St. Louis Park City Council meeting held on January 3, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of Apnl, 2006. Q/YZ Nancy J. Strott C Cler 1111 1 IIl 1 1 1 au Doc No 8799825 05/22/2006 09 30 AM Certified filed and or recorded on above date Office of the County'Recorder Hennepin County, Minnesota Michael H Cunniff, Countyecorder Deputy 021 TranslD 22,371 Fees $35 50 DOC $10 50 SUR 46 00 Total RESOLUTION NO. 06-01 Amends and Restates Resolutions 04-093 and 04-124 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-124 ADOPTED ON OCTOBER 18, 2004, APPROVING A MINOR AMENDMENT TO 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, and5926 OXFORD STREET (ELMWOOD VILLAGE) MINOR AMENDMENT FOR LOFT FLOOR PLAN CONVERSION FROM 63 UNITS TO 60 UNITS WHEREAS, The Rottlund Company, Inc., has made application to the City Council for a minor amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to allow a reduction and reconfiguration of the units in the Loft building at Elmwood Village within the R-4 Multi -Family Residential and R -C Multi - Family Residential Zoning Distncts having the following legal description: Elmwood Village WHEREAS, the City Council has considered the information related to Planning Case Nos. 03 -73 -PUD, 04 -53 -PUD, and 05 -70 -PUD and the effect of the proposed Minor Amendment 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 04-093 of the St. Louis Park City Council dated August 2, 2004 which contained conditions applicable to said property; and • • Resolution No. 06-010 -2- WHEREAS, a minor amendment to the Final PUD was approved to reduce the height of the senior condominium building by one floor and reduce the number of units from 80 units to 60 units pursuant to Resolution No. 04-124 of the St. Louis Park City Council dated October 18, 2004; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 04-093 and Resolution No. 04-124, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 03 -73 -PUD, 04 -53 -PUD, and 05 -70 - PUD are hereby entered into and made part of the public heanng and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 04-124 (filed as document number 8491964 4050580) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property within the R-4 Multi -Family Residential and R -C Multi -Family Residential Zoning Districts at the location described above based on the following conditions. The Final Planned Unit Development at the location described is approved with modifications 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 documents 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. 06-010 -3- 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 criteria 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 37`h 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 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 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. Prior 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 materials samples shall be submitted to and approved by City. d. A lighting plan and photometncs and irrigation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. Resolution No. 06-010 -4- 8. 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 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. 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. 11. The Planned Unit Development shall be amended on October 18, 2004 to incorporate all of the preceding conditions and to require the following: a. The payment for public art required prior to signing the final plat shall be at a rate of $247.17 per dwelling unit. b. The age restncted (senior) condominium building elevations shall be amended to show a three-story building. 12. The Planned Unit Development shall be amended on January 3, 2006 to incorporate all of the preceding conditions and to allow the following. a. The Loft building may be converted from 63 units to 60 units overall, by changing 12 one -bedroom units to 9 two-bedroom units Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of building permit, which may impose additional requirements. 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 onginal Resolution No. 06-010 adopted at the St. Louis Park City Council meeting held on January 3, 2006 WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of Apnl, 2006. centii Nancy J. Stroth, • ailvAdvQs 0 VIII 111111111111111111111111111101111 Doc No 4262700 05/22/2006 09 00 AM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 221972 New cert Cert 1170723 1157291 1158789 O(o -0/D Deputy 37 Fees $1 50 AF $10 50 STATEFEE $74 00 TDOCFEE $0 00 TSUR $86 00 Total