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HomeMy WebLinkAbout06-020 - ADMIN Resolution - City Council - 2006/02/06RESOLUTION NO.06-020 ®RESOLUTION APPROVING A FINAL 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, the City Council approved the Preliminary PUD on November 21, 2005, Resolution No. 05-162; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on December 7, 2005 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of December 21, 2005, and WHEREAS, the Planning Commission recommended approval of the Final PUD 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. BE IT RESOLVED BY the City Council of the City of St. Louis Park: 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 Residential districts located at 5616 36th Street West, 3550 State Highway No. 100 South, 3501 Xenwood Avenue South, and 5626 36th Street West for the legal descnption 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 Resolution No. 06-020 -2- Parcel C: 3550 Highway 100 South A tract of land comprising 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 descnbed 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 nght-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 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 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 05 -62 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 06-020 -3- Conclusion The Final Planned Unit Development (PUD) 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 following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD. a The mixed-use building along West 36`h Street shall have. i. A maximum of 74 residential units. ii. A minimum of 105 enclosed parking spaces in. A minimum of 25,000 square feet areal' space. iv. A minimum of 584 square feet of underground bicycle storage space. v Second floor balconies shall remain open. No accessory structures, whether permanent of temporary in nature, shall be allowed. b The condominium building south of West 35`h-1/2 Street shall have: i. A maximum of 58 residential units. ». A minimum of 103 enclosed parking spaces. c. The row houses shall have: i A maximum of 22 residential units. ii. A minimum of 44 enclosed parking spaces. d. The apartment building shall have: 1. A maximum of 220 residential units. ii. A minimum of 180 enclosed parking spaces. 3. Modifications to the Zoning Code are approved as follows: a. Setback modifications as shown on the official site plan, allowing deductions in setback,requirements outlined in the staff report. b. A 15% reduction from the required off-street parking spaces. 4. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows: a. Developer agrees to provide the site for the regional stormwater pond and pay 25% of the cost of its construction. b. Developer agrees to contnbute $85,000 for public art in the central green area and along 36th Street West. c Developer agrees to provide at least 17% of the development for Designed Outdoor Recreation Area. d. Developer agrees to hold harmless the City and remediate any environmental contamination found on any part of the redevelopment site. e. Developer agrees to place any on-site utilities underground. f. Developer agrees to enter into a maintenance agreement for the continued maintenance of the streetscape along 36th Street West. g. Developer agrees to provide a snow -removal agreement with the City to ensure all snow is removed to an off-site location dunng major snow events Resolution No. 06-020 -4- 5. 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. A preconstruction conference shall be held with the appropriate development, construction and city representatives. c. A staging plan for demolition and construction shall be filed with the City. d. All necessary permits must be obtained. 6. Pnor to the issuance of a building permit for the Mixed -Use Building along 36`h St. W and the Condominium Building south of 35-1/2 St. W., the developer shall: a. Sign a Development Contract b. Financial guarantees shall be in place c Building and architectural screening matenals samples and colors must be submitted to an approved by the Zoning Administrator. 7. Pnor to the issuance of a building permit for the rowhouses or apartment building, the developer shall: a. Obtain all necessary approvals, including approval of the final plat for this phase of the redevelopment. b. Remove the smokestack and any related contamination. c. Complete any necessary environmental remediation. d. Remove the billboard located on the site. e. Building and architectural screening matenals samples and colors must be submitted to an approved by the Zoning Administrator. 8. Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Director of Public Works. 9. Fire lanes shall be in accordance with the official exhibits. 10. Any modifications to the site plan resulting from the construction of Highway 100 shall require a Minor Amendment to the PUD. 11. 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. 12. All roof -top equipment shall be screened from off-site views per Ordinance requirements. 13. The following facade design guidelines shall be applicable to all ground floor, non- residential facades located in the Mixed -Use building facing West 36`h Street: a. Facade Transparency. Windows and doors shall meet the following requirements 1. For street -facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the intenor. ii. Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise Display windows may be used to meet the transparency requirement. • • Resolution No. 06-020 -5- b Awnings. 1. Awnings must be constructed of heavy canvas fabnc, metal and/or glass Plastic and vinyl awnings are prohibited. ii. Backlit awnings are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 feet from the building wall for the following purposes, provided an 8 foot minimum honzontal clearance along West 36th Street is maintained between obstructions on the sidewalk: i. Display of merchandise. 11. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond the 5 foot maximum, provided a 12 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. 14. 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. 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 e The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties 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. he Mayor and City Manager are authorized to execute the development agreement 1 h: City Clerk is instructed to record certified copies of this resolution in the Office of the e epin County Register of Deeds or Registrar of Titles as the case may be. Rev - d for Administration: Cit Attest. A,,pt l by the City Council February 6, 2006 1 A Mayor, o 11111111111111111111111111111111111111111111111111 Doc No 8799145 05/19/2006 11 27 AM Certified filed and or recorl ed on above date Office of the Coun Recorder Hennepin County, innesota Michael H Cunniff, Co my Recorder Deputy 5 Tran D 220910 Fees $35 50 DOC $10.50 SUR $46 00 Total RESOLUTION NO.06-020 RESOLUTION APPROVING A FINAL 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, the City Council approved the Preliminary PUD on November 21, 2005, Resolution No. 05-162; and • WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on December 7, 2005 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of December 21, 2005, and WHEREAS, the Planning Commission recommended approval of the Final PUD 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 appeanng at the public heanng or otherwise including comments in the record of decision. ;l . V BE IT RESOLVED BY the City Council of the City of St. Louis Park: 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 Residential 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 • • • Resolution No. 06-020 -2- 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 comprising 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 descnbed 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 nght-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly nght-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 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 detnmental 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 -62 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case •, • o Resolution No. 06-020 -3- Conclusion The Final Planned Unit Development (PUD) 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. 2. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. The mixed-use building along West 36th Street shall have: i. A maximum of 74 residential units. ii. A minimum of 105 enclosed parking spaces. iii. A minimum of 25,000 square feet of retail space iv. A minimum of 584 square feet of underground bicycle storage space. v. Second floor balconies shall remain open. No accessory structures, whether permanent of temporary in nature, shall be allowed. b. The condominium building south of West 35`h-1/2 Street shall have: i. A maximum of 58 residential units ii. A minimum of 103 enclosed parking spaces. c. The row houses shall have: 1. A maximum of 22 residential units. ii. A minimum of 44 enclosed parking spaces. d. The apartment building shall have: 1. A maximum of 220 residential units. 11 A minimum of 180 enclosed parking spaces. 3. Modifications to the Zoning Code are approved as follows: a. Setback modifications as shown on the official site plan, allowing deductions in setback requirements outlined in the staff report. b. A 15% reduction from the required off-street parking spaces. 4. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows. a. Developer agrees to provide the site for the regional stormwater pond and pay 25% of the cost of its construction b. Developer agrees to contribute $85,000 for public art in the central green area and along 36th Street West. c. Developer agrees to provide at least 17% of the development for Designed Outdoor Recreation Area. d. Developer agrees to hold harmless the City and remediate any environmental contamination found on any part of the redevelopment site. e. Developer agrees to place any on-site utilities underground. f. Developer agrees to enter into a maintenance agreement for the continued maintenance of the streetscape along 36th Street West. g. Developer agrees to provide a snow -removal agreement with the City to ensure all snow is removed to an off-site location during major snow events. Resolution No. 06-020 -4- 5. 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. A preconstruction conference shall be held with the appropriate development, construction and city representatives. c. A staging plan for demolition and construction shall be filed with the City. d. All necessary permits must be obtained 6. Pnor to the issuance of a building permit for the Mixed -Use Building along 36th St. W. and the Condominium Building south of 35-1/2 St. W., the developer shall: a. Sign a Development Contract b. Financial guarantees shall be in place. c. Building and architectural screening materials samples and colors must be submitted to an approved by the Zoning Administrator. 7. Pnor to the issuance of a building permit for the rowhouses or apartment building, the developer shall: a. Obtain all necessary approvals, including approval of the final plat for this phase of the redevelopment. b. Remove the smokestack and any related contamination c. Complete any necessary environmental remediation. d. Remove the billboard located on the site. e. Building and architectural screening matenals samples and colors must be submitted to an approved by the Zoning Administrator. 8. Prior to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Director of Public Works. 9. Fire lanes shall be in accordance with the official exhibits 10. Any modifications to the site plan resulting from the construction of Highway 100 shall require a Minor Amendment to the PUD. 11. 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. 12. All roof -top equipment shall be screened from off-site views per Ordinance requirements. 13. The following facade design guidelines shall be applicable to all ground floor, non- residential facades located in the Mixed -Use building facing West 36th Street: a. Facade Transparency. Windows and doors shall meet the following requirements: i. For street -facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. 11. Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. • ' Resolution No. 06-020 -5- b. Awnings. i. Awnings must be constructed of heavy canvas fabric, metal and/or glass Plastic and vinyl awnings are prohibited. ii. Backlit awnings are prohibited. c Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 feet from the building wall for the following purposes, provided an 8 foot minimum horizontal clearance along West 36th Street is maintained between obstructions on the sidewalk: i. Display of merchandise. 11. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond the 5 foot maximum, provided a 12 foot minimum honzontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. 14. 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. 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. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 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 authonzed 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. 06-020 adopted at the St. Louis Park City Council meeting held on February 6, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of April, 2006. Nancy J. Stroth, ilea NiiiIIiuiiIIiuiiou u ui Doc No 4262697 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 1177442 1177440 1149762 Deputy 37 Fees $1 50 AF $10 50 STATEFEE $74 00 TDOCFEE $0 00 TSUR $86 00 Total a frTh RESOLUTION NO.06-020 119-1-yyo g(,' IN 0/7ijj RESOLUTION APPROVING A FINAL 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, the City Council approved the Preliminary PUD on November 21, 2005, Resolution No 05-162, and • WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on December 7, 2005 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of December 21, 2005, and WHEREAS, the Planning Commission recommended approval of the Final PUD 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 appeanng at the public hcarmg 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. 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 Residential districts located at 5616 36th Street West, 3550 State Highway No. 100 South, 3501 Xenwood Avenue South, and 5626 36th Street West for the legal descnption as follows,. to -wit: Parcel A. 3501 Xenwood Avenue South 04 1 la -1 li- Lots 11 to 23 inclusive, Block 27, "Rearrangement of St. Louis Park" Torrens • - Resolution No. 06-020 -2- • rr Parcel B: 5616 36th Street West Lots 7 and 10 except the South 18 feet of said lots, Block 27, "St. Louis Park" cl;A°0\i'1 L. 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 compnsmg 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 descnbed 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 nght-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 begmmng: 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 rv)r Lots 6, Block 27, "St. Louis Park Addition" Abstract 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 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 05 -62 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case. ' Resolution No. 06-020 -3- Conclusion The Final Planned Unit Development (PUD) 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. 2. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD• a. The mixed-use building along West 36th Street shall have: 1. A maximum of 74 residential units. ii. A minimum of 105 enclosed parking spaces. iii. A minimum of 25,000 square feet of retail space. iv. A minimum of 584 square feet of underground bicycle storage space. v. Second floor balconies shall remain open No accessory structures, whether permanent of temporary in nature, shall be allowed. b. The condominium building south of West 35`h-1/2 Street shall have: 1. A maximum of 58 residential units. ii. A minimum of 103 enclosed parking spaces. c. The row houses shall have: 1. A maximum of 22 residential units. ii. A minimum of 44 enclosed parking spaces. d. The apartment building shall have: 1. A maximum of 220 residential units ii. A minimum of 180 enclosed parking spaces. 3. Modifications to the Zoning Code are approved as follows: a. Setback modifications as shown on the official site plan, allowing deductions in setback requirements outlined in the staff report. b. A 15%reduction from the required off-street parking spaces. 4. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows: a. Developer agrees to provide the site for the regional stormwater pond and pay 25% of the cost of its construction. b. Developer agrees to contribute $85,000 for public art in the central green area and along 36th Street West. c. Developer agrees to provide at least 17% of the development for Designed Outdoor Recreation Area. d. Developer agrees to hold harmless the City and remediate any environmental contamination found on any part of the redevelopment site. e. Developer agrees to place any on-site utilities underground. f. Developer agrees to enter into a maintenance agreement for the continued maintenance of the streetscape along 36th Street West. g. Developer agrees to provide a snow -removal agreement with the City to ensure all snow is removed to an off-site location during major snow events. Resolution No. 06-020 -4- 5. 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. A preconstruction conference shall be held with the appropriate development, construction and city representatives. c. A staging plan for demolition and construction shall be filed with the City. d. All necessary permits must be obtained. 6. Prior to the issuance of a building permit for the Mixed -Use Building along 36th St. W. and the Condominium Building south of 35-1/2 St. W., the developer shall: a. Sign a Development Contract b. Financial guarantees shall be in place. c. Building and architectural screening matenals samples and colors must be submitted to an approved by the Zoning Administrator. 7. Prior to the issuance of a building permit for the rowhouses 'or apartment building, the developer shall: a. Obtain all necessary approvals, including approval of the final plat for this phase of the redevelopment. b. Remove the smokestack and any related contamination. c. Complete any necessary environmental remediation. d. Remove the billboard located on the site. e. Building and architectural screening matenals samples and colors must be submitted to an approved by the Zoning Administrator. 8. Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Director of Public Works. 9. Fire lanes shall be in accordance with the official exhibits. 10. Any modifications to the site plan resulting from the construction of Highway 100 shall require a Minor Amendment to the PUD. 11. Prior 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. 12. All roof -top equipment shall be screened from off-site views per Ordinance requirements. 13. The following facade design guidelines shall be applicable to all ground floor, non- residential facades located in the Mixed -Use building facing West 36th Street. a. Facade Transparency. Windows and doors shall meet the following requirements: i. For street -facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. n. Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. Resolution No. 06-020 -5- b. Awnings. i. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. ii. Backlit awnings are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 feet from the building wall for the following purposes, provided an 8 foot minimum honzontal clearance along West 36th Street is maintained between obstructions on the sidewalk. 1. Display of merchandise. 11. Benches, planters, ornaments and art. 111. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond the 5 foot maximum, provided a 12 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. 14. 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. 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. 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 authonzed 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 onginal Resolution No. 06-020 adopted at the St. Louis Park City Council meeting held on February 6, 2006 WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of April, 2006.