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Home My WebLink About06-122 - ADMIN Resolution - City Council - 2006/07/17RESOLUTION NO 06-122 Amends and Restates Resolution No. 05-076 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 05-76 ADOPTED ON MAY 16, 2005 APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED R-4 MULTI -FAMILY RESIDENTIAL LOCATED AT 4100 VERNON AVENUE SOUTH AND 4135 WEBSTER AVENUE SOUTH MINOR AMENDMENT TO ALLOW THE ELIMINATION OF THE SIDEWALK ALONG THE WEST SIDE OF THE EAST PARKING LOT. WHEREAS, Master Development 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 decrease in the area of the underground garage and change exterior building matenals for the 14 -unit condominium building at 4100 Vernon Avenue South and 4135 Webster Avenue South within a R-4 Multi -Family Residential Zoning Distnct having the following legal description Parcel One Lots 10 and 11, Block 10, Suburban Homes Co 's Addition, Hennepin County, Minnesota (Torrens) Parcel Two Lot 8, Block 10, Suburban Homes Co 's Addition, Hennepin County, Minnesota (Torrens) Parcel Three. Lots 1, 2, 3, 4, 5, 6, 7, 9, 30, 31, 32, 33, 34, 35 and 36, Block 10, Suburban Homes Co.'s Addition, Hennepin County, Minnesota; EXCEPT that portion taken by the State of Minnesota for trunk highway purposes as shown by the Final Certificate recorded as Document No. 4040269, descnbed as Parcel 12, S P 2734, being that portion of Lots 1, 2, 3, 4, 5 and 6, Block 10, Suburban Homes Co.'s Addition, which hes easterly of the following descnbed line: Beginning at the southeast corner of said Lot 6; thence run northwesterly to a point on the north line of said Lot 4, distant 10 feet west of the northeast corner thereof, thence run northwesterly to a point on the north line of said Lot 2, distant 25 feet west of the northeast corner thereof, thence run westerly on the north line of said Lot 2 to its intersection with a line run parallel with and distant 60 feet west of the east line of said Block 10, thence run northerly on said 60 foot parallel line to its intersection with a line run parallel with and distant 22 feet south of the north line of said Lot 1, thence run westerly on said 22 -foot parallel line to its intersection with a line run parallel with and distant 70 5 feet west of the east line of said Block 10; thence run northerly on said 70 5 foot parallel line to the north line of said Lot 1 and there terminating (Abstract) Parcel Four• Lot 29, Block 10, Suburban Homes Co 's Addition, Hennepin County, Minnesota (Abstract) WHEREAS, the City Council has considered the information related to Planning Case No. 05 -18 -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 Resolution No. 06-122 -2- WHEREAS, a Preliminary and Final PUD was approved regarding the subject property pursuant to Resolution No 04-134 of the St Louis Park City Council dated November 15, 2004 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Preliminary and Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No 04-134, 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 04 -52 -PUD and 05 -18 -PUD are hereby entered into and made part of the public heanng and the record of decision for this case. CONCLUSION NOW TIIEREFORE BE IT RESOLVED that Resolution No 04-134 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of permitting a decrease in the area of the underground garage and change extenor building matenals for the 14 -unit condominium building within the R-4 Multi -Family Residential Zoning Distnct at the location described above based on the following conditions. 1 The site shall be developed, used and maintained in conformance with the Final PUD official exhibits 2 Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed Distnct requirements. 3. There shall be a maximum of 41 condominium units and such development shall include individual extenor entrances for ground floor units in Building 2 along Vernon Avenue. 4 There shall be a minimum of 60 below -ground residential parking stalls, including tandem stalls • 5 Front yard, parking and drive aisle modifications are approved as follows: a. Front yard of 23 feet b Dnve aisle of 0 feet from existing building c Parking of 10 feet from existing building 6. Prior to signing the Final Plat, the following conditions shall be met: a. The Environmental Coordinator shall review and find the Landscape Plan plant species acceptable. b A revised plat that increases the drainage easement on Lot 1 to include the area within the ordinary high water level shall be reflected c Condominium association papers and other Final Plat documents shall be received and approved by the City Attorney. IP d The applicant shall submit park and trail dedication fees in the amount of $51,750, if cash in lieu of park dedication is approved by the Park and Recreation Commission Resolution No. 06-122 -3- e An easement over all sidewalks proposed on pnvate property along Webster Avenue and West 41'` Street shall be submitted and approved by the City Attorney 7 Pnor to starting any site work, the following conditions shall be met. a. The Planning and EDA Redevelopment Contracts shall be signed that address, at a minimum, construction staging/routes/hours/duration, required completion of improvements pnor to occupancy, allowable administrative amendments, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney. b. A copy of permit from Minnehaha Creek Watershed Distnct must be provided. c An erosion control permit must be secured from the City 8. Pnor to issuance of any building permits, which may impose additional conditions, the following conditions shall be met: a. Evidence of filing the final plat shall be submitted. b. Evidence of filing easements over all sidewalks proposed on pnvate property ' along Webster Avenue and West 41st Street shall be submitted. c Color samples of all materials, shall be submitted and approved by the Zoning Administrator. d. An Irngation Plan shall be submitted and approved by the Zoning Administrator e A Lighting Plan, including light fixture details shall be submitted and approved by the Zoning Administrator 41111 9. The developer shall comply with the following conditions dunng construction a. All City noise ordinances shall be complied with. b. The hours of construction shall be limited as follows. All outdoor activity and loud equipment operation shall be limited to the hours between 7.00 am and 5.00 pm weekdays and 9 00 am and 5:00 pm on holidays; no such activity shall take place 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. 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. 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 authonzed to execute the development agreement 11 The Planned Unit Development shall be amended on May 16, 2005 to incorporate all of the preceding conditions and add the following conditions. a. The Final PUD exhibits Site Plan (required to be modified to show a sidewalk along the east parking lot), Landscape Plan, Utility Plan, Grading and Erosion Control Plan, Parking Level Plan (School Building), Garage Plan (14 -Unit Building), 14 -Unit Building Elevations are modified Resolution No 06-122 b. c -4- cast parking lot. The minimum number of below -ground residential parking stalls, including tandem stalls, may be reduced from 60 to 56. 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 Assent form and official exhibits must be signed by applicant (or applicant and owner if scant is different from owner) pnor to issuance of building permit Appro al of a Building Permit, which may impose additional requirements. Rev dministration. Adopted by the City Council July 17, 2006 City Manager Mayor Attest 77tiji)41+2CityClerk •