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HomeMy WebLinkAbout07-088 - ADMIN Resolution - City Council - 2007/08/20• RESOLUTION NO. 07-088 A 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 O - OFFICE LOCATED AT 5353 WAYZATA BOULEVARD WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on June 18, 2007 from the applicant, and WHEREAS, notice of a public heanng on the Preliminary and Final 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 and Final PUD concept at the meeting of July 18, 2007, and WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on July 5, 2007, and WHEREAS, the Planning Commission opened the public hearing at the meeting of July 18, 2007, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 5-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff report, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Findings 1 HSSLP, LLC (Torgerson Properties) 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 0 - Office district located at 5353 Wayzata Boulevard for the legal description as follows, to -wit: That part of Tract A, Registered Land Survey No. 1484, Hennepin County, Minnesota, lying southerly of the following described line: Commencing at the most southerly comer of said Tract A; thence run northerly on a bearing of North 00 degrees 28 minutes 56 seconds West along the west line of said Tract A for 188.71 feet to the point of beginning of the line to be described; thence North 45 degrees 47 minutes 14 seconds East, 134.41 feet; thence deflect to the right on a tangential curve, having a radius of 175 feet and a delta angle of 11 degrees 58 minutes 37 seconds for 36.58 feet to a point on the easterly line of said Tract A and there terminating. Tracts B and C, Registered Land Survey No. 1484, Hennepin County, Minnesota. That part of Vernon Avenue as dedicated in the plat of Minneapolis Baseball and Athletic Association Addition. Resolution No. 07-088 -2- That part of the west 40 feet of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 contained within the following descnbed Tract. Beginning at the southwest corner of Registered Land Survey No. 1484; thence run northerly on a beanng of North 00 degrees 28 minutes 56 seconds West along the west line of said Registered Land Survey No. 1484 for 238.81 feet; thence South 45 degrees 47 minutes 14 seconds West, 110.7 feet; thence South 00 degrees 28 minutes 56 seconds East, 40.93 feet; thence run southeasterly 142.12 feet on a non-tangential curve concave to the southwest, having a radius of 436.93 feet, a delta angle of 18 degrees 38 minutes 12 seconds and a chord beanng of south 31 degrees 29 minutes 59 seconds East; thence South 89 degrees 46 minutes 35 seconds East, 7.08 feet to the point of beginning. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07 -27 -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 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 modifications include: a. 15% reduction in required off-street parking for the office/bank building. b. Setback reduction on the south (rear) side of the hotel to a minimum of 12.5 feet. c. Setback reduction on the east (side) side of the hotel to a minimum of 25 feet. d. Setback reduction to a distance of less than 5 feet for the off-street parking area along Wayzata Boulevard due to a City requirement for the dedication of additional right- of-way. 4. The contents of Planning Case File 07 -27 -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 subject to the following conditions: 1. Prior to starting any site work, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. b. Stormwater design details shall be submitted to and approved by the Public Works Director. c. Assent form and official exhibits must be signed by applicant and owner. d. All necessary permits must be obtained. e. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed prior to grading activities. Resolution No. 07-088 -3- 2. Prior to the issuance of a building permit, the following conditions shall be met: a. To ensure construction of the landscaping, other required public improvements, and the installation of the sculptural element, an irrevocable financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials, public improvements and the sculptural element. b. The shared parking easement agreement as approved by the City Attorney and filed with the County. Verification shall be provided to the City that the document has been filed with the County. c. A Traffic Demand Management Fee of $0.10 per gross square foot of new construction, for a total of $10,472.80, shall be paid. d. A Park Dedication Fee of $333,610.00 shall be paid. e. Demonstrable progress shall be made toward the completion of a public easement for public access along the full length of the 25 foot wide north -south access drive connecting Wayzata Boulevard to the property south of 5353 Wayzata Boulevard. Said access drive is located approximately 40 feet west of the west entrance to the proposed hotel, as indicated on the official exhibits. f. The preliminary and final plat of Hilton Homewood Suites shall be signed by the City and released to the County for filing. 3. 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 debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 4. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. d. As -built drawings of any relocated or modified public utilities, streets or curbs shall be submitted to and approved by the Public Works Department. e. A maintenance plan for the on-going maintenance of the stormwater system shall be submitted to and approved by the Public Works Department. f. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. g A public easement for public access along the full length of the 25 foot wide north -south access drive connecting Wayzata Boulevard to the property south of 5353 Wayzata Boulevard as approved by the City Attorney and filed with Resolution No. 07-088 -4- the County. Said access drive is located approximately 40 feet west of the west entrance to the proposed hotel, as indicated on the official exhibits. 5. Landscaping alternatives approved include a 1,625 square foot green roof on a portion of the hotel development and a sculpture element on the hotel site. Both alternatives shall be indicated on the official site plans and must remain in good repair. 6. The installation of signage shall be in compliance with the Zoning Code. Signage shall require a separate Sign Permit. 7. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 8. All utility lines must be placed underground. 9. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. 10. No on-site snow storage shall be permitted. Snow shall be plowed and removed from the site any time a snowfall of 2" or greater occurs. 11. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming measures not indicated on the official exhibits, including speed bumps, shall require a major amendment to the Planned Unit Development. 12. For purposes of compliance with the PUD and Transit reductions to required off-street parking, at such a time as determined by the City, the property owner shall provide to the City at no cost an easement for the permanent construction of a transit shelter along Wayzata Boulevard on the northwest side of the site. Said transit shelter easement shall be no greater than 25 feet in width along Wayzata Boulevard and shall not encroach upon the existing off-street parking lot. Said transit shelter easement and construction may result in the displacement of required landscaping materials or trees, but without penalty to the property owner. 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 may 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. Reviewed for Administration: Ad City Council August 20, 2007 1pj4 CityManager Mayo Attest: City Clerk