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HomeMy WebLinkAbout06-086 - ADMIN Resolution - City Council - 2006/05/15RESOLUTION NO. 06-086 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 R-4 MULTIPLE FAMILY RESIDENCE DISTRICT LOCATED AT 1351 and 1361 HAMPSHIRE AVENUE SOUTH WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was received on March 20, 2006 from the applicant, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of Apnl 26, 2006, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final 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: Findings 1. Bigos-Lou Park II, LLC (Ted Bigos) 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 R-4 Multiple Family Residence District located at 1351 and 1361 Hampshire Avenue South for the legal description as follows, to -wit. Lot 5, Block 1, Lou Park Addition; Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -30 -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 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). The specific modification include: Resolution No. 06-086 -2- a. Allow the 49 -unit apartment building at 1361 Hampshire Avenue South to exceed the maximum building height of 40 feet by 9.5 feet. b. Allow a 15 percent (47 stalls) reduction in the number of parking stalls required. c. Allow a reduction in the required setbacks as reference in the Staff Report and shown in the Official Exhibits. d. Allow the use of cement board and batten siding, which is currently not classified in the ordinance, to be used toward 3 percent of the 60 percent Class I materials required for exterior materials on new developments. 4. The contents of Planning Case File 06 -30 -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 replaces all previous Special Use Permits and Special Use Permit Amendments for 1351 and 1361 Hampshire Avenue, subject to the following conditions. 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. Plans shall be submitted to indicate fire lanes as required by the Fire Marshall. 3. The applicant shall prepare and submit an as -built survey of the property at 1351 Hampshire Avenue to benchmark the site plan approval by this Planned Unit Development. The survey should show locations of buildings, driveways, parking, and utilities. The survey should indicate the finished grade, first floor elevation of the building and site elevations, and also note the height of the buildings, number of units/stalls, and the distances from the existing building and parking areas to property lines. 4. The site plan includes proof of parking for 12 stalls. The property owner is responsible for informing any subsequent owner of the property of the parking status of the property. The city may, at its sole discretion, require that the proof of parking area be paved and stnped in such a way that it meets the requirements of City Code to provide the total number of required parking spaces on the site The plan must maintain the minimum 12 percent Designed Outdoor Recreation Area if proof of parking is installed. 5. Pnor 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. All necessary permits must be obtained. d. Building matenals samples & colors must be submitted to and approved by Zoning Administrator. e. A performance guarantee in the form of cash escrow or letter of credit shall be submitted to the City of St. Louis Park in the amount of 125% of the exterior site improvements. Such letter of credit shall be on a form provided or approved by the City. Resolution No. 06-086 -3- 4. Prior to issuance of a building permit, the applicant shall implement the Voluntary Response Action Plan and submit an Implementation Report to the City of St. Louis Park and Minnesota Pollution Control Agency. 5. The developer shall comply with the following conditions during construction. a. All City noise ordinances, which state that work shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends. 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. 6. The applicant shall provide to the City a copy of the No Action Letter or related communications from the Minnesota Pollution Control Agency. 7. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. 8. All construction, paving, striping, landscaping, lighting and recreational facilities shall be completed by May 31, 2007. 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 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 authorized to execute the development agreement. Th H R y Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. iris City Mager Mayor Administration. Adopted by the City Council May 15, 2006 Attest: City Clerk III II 100 II0 Doc No 8954464 03/23/2007 +(=°r1 M Certified filed and or recorded o a bo've date Office of the County '.='Aorder Hennepin County, nesota Michael H Cunniff, Cmy Recorder T:=nsID 299748 Deputy 001 Fees $35 50 DOC $10 50 SUR $46 00 Total TRANSFER ENTERED - HENNEPIN COUNTY TAXPAYER SERVICES MAR 2 0 2007 HN C, MINN. BY / a�.' . EPUTY r RESOLUTION NO. 06-086 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 R-4 MULTIPLE FAMILY RESIDENCE DISTRICT LOCATED AT 1351 and 1361 HAMPSHIRE AVENUE SOUTH WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was received on March 20, 2006 from the applicant, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of Apnl 26, 2006, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final 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 appeanng at the public heanng 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. Bigos-Lou Park II, LLC (Ted Bigos) 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 R-4 Multiple Family Residence Distnct located at 1351 and 1361 Hampshire Avenue South for the legal descnption as follows, to -wit Lot 5, Block 1, Lou Park Addition; Hennepin County, Minnesota 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -30 -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 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) The specific modification include i Resolution No. 06-086 -2- a Allow the 49 -unit apartment building at 1361 Hampshire Avenue South to exceed the maximum building height of 40 feet by 9 5 feet. b Allow a 15 percent (47 stalls) reduction in the number of parking stalls required c. Allow a reduction in the required setbacks as reference in the Staff Report and shown in the Official Exhibits. d. Allow the use of cement board and batten siding, which is currently not classified in the ordinance, to be used toward 3 percent of the 60 percent Class I materials required for extenor matenals on new developments. 4. The contents of Planning Case File 06 -30 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development at the location descnbed is approved based on the findings set forth above and replaces all previous Special Use Permits and Special Use Permit Amendments for 1351 and 1361 Hampshire Avenue, subject to the following conditions. 1 The site shall be developed, used and maintained in conformance with the Final PUD official exhibits 2 Plans shall be submitted to indicate fire lanes as required by the Fire Marshall 3. The applicant shall prepare and submit an as -built survey of the property at 1351 ® Hampshire Avenue to benchmark the site plan approval by this Planned Unit Development. The survey should show locations of buildings, driveways, parking, and utilities. The survey should indicate the finished grade, first floor elevation of the building and site elevations, and also note the height of the buildings, number of units/stalls, and the distances from the existing building and parking areas to property lines 4. The site plan includes proof of parking for 12 stalls. The property owner is responsible for informing any subsequent owner of the property of the parking status of the property The city may, at its sole discretion, require that the proof of parking area be paved and stnped in such a way that it meets the requirements of City Code to provide the total number of required parking spaces on the site The plan must maintain the minimum 12 percent Designed Outdoor Recreation Area if proof of parking is installed 5 Pnor 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 All necessary permits must be obtained. d. Building matenals samples & colors must be submitted to and approved by Zoning Administrator e. A performance guarantee in the form of cash escrow or letter of credit shall be submitted to the City of St. Louis Park in the amount of 125% of the extenor site improvements. Such letter of credit shall be on a form provided or approved by the ®City 6 Pnor to issuance of a building permit, the applicant shall implement the Voluntary Response Action Plan and submit an Implementation Report to the City of St. Louis Park and Minnesota Pollution Control Agency. Resolution No. 06-086 -3- 7. The developer shall comply with the following conditions during construction. a All City noise ordinances, which state that work shall be limited to the hours between 7:00 a.m and 10.00 p m. on weekdays and 9 00 a.m. and 10:00 p m on weekends 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 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 8. The applicant shall provide to the City a copy of the No Action Letter or related communications from the Minnesota Pollution Control Agency. 9. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. 10. All construction, paving, striping, landscaping, lighting and recreational facilities shall be completed by May 31, 2007 11. 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 12. 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 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 ongmal Resolution No. 06-086 adopted at the St. Louis Park City Council meeting held on May 15, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 1st day of March, 2007 Nancy J. Str , (�tty Clerk