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HomeMy WebLinkAbout08-065 - ADMIN Resolution - City Council - 2008/05/05RESOLUTION NO. 08-065 41 RESOLUTION APPROVING A PRELIMINARYAND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED IP INDUSTRIAL PARK LOCATED AT 5700 WEST 36TH STREET WHEREAS, an application for approval of a Planned Unit Development (PUD) to allow the building at 5700 West 36th Street to be up to 100% occupied by retail and service uses was received on March 19, 2008 from the applicant, and WHEREAS, notice of a public hearing 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, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on April 3, 2008, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD concept at the meeting of April 16, 2008, and WHEREAS, the Planning Commission opened and closed the public hearing at the meeting of April 16, 2008, 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 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. Standal Properties, LLC has made application to the City Council for a Planned Unit Development to allow up to 100% of the building located at 5700 West 36th Street to be occupied with retail and service uses under Section 36-367 of the St. Louis Park Ordinance Code within the IP Industrial Park zoning district located at 5700 West 36th Street for the legal description as follows, to -wit: Lots 8 and 10, Block 28, St. Louis Park, and Lots 24 and 25, Block 28, Rearrangement of St. Louis Park (Abstract) Resolution No. 08-065 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -09 -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 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(6)(5). The specific modifications include: a. Allow up to 100% of the existing building to be occupied by retail and service uses. 4. The contents of Planning Case File 08 -09 -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 to occupy up to 100% of the building at 5700 West 36th Street with retail and service uses 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 facade design guidelines shall be applicable to all ground floor facades. a. Facade Transparency. Windows shall meet the following requirements: i. For street -facing facades, no more than 10% of the total window area shall be glass block, mirrored, spandrel, frosted or other opaque glass. Also, no more than 10% of the total window area shall be signage that is applied to the inside or outside surface of the window. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. ii. Visibility into the space shall be maintained for a minimum of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. b. Awnings. i. Awnings and canopies must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. ii. Backlit awnings and canopies are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk on private property provided an eight foot minimum horizontal clearance is maintained between obstructions (trees, light poles, etc) on the sidewalk for the following purposes: Resolution No. 08-065 -3- i. Display of merchandise provided it does not exceed more than 100 square feet per business. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. 3. The applicant agrees to pay for the on -street parking spaces located directly in front of his property along West 36th Street. 4. The applicant agrees to maintain the portion of the streetscape located directly in front of the property. 5. The property owner shall pay an administrative fine of $750 per violation of any condition of this approval. 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 the streetscape maintenance and those issues which the City Council deems appropriate and n=cess. . The Mayor and City Manager are authorized to execute the development agreement. Re or dministration: Ci Attest: Adopted by the City Council May 5, 2008 Mayor 111111111111111111111111111 Doc No 9155142 07/03/2008 03 3813M Certified filed and or recorded on alive date Office of the County Reco dier Hennepin County, Minne€ota Michael H Cunniff, Countybfecorder TransID'418061 Deputy 11 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 08-065 RESOLUTION APPROVING A PRELIMINARYAND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED IP INDUSTRIAL PARK LOCATED AT 5700 WEST 36TH STREET WHEREAS, an application for approval of a Planned Unit Development (PUD) to allow the building at 5700 West 36th Street to be up to 100% occupied by retail and service uses was received on March 19, 2008 from the applicant, and WHEREAS, notice of a public hearing 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, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on April 3, 2008, and 0 WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD concept at the meeting of April 16, 2008, and WHEREAS, the Planning Commission opened and closed the public hearing at the meeting of April 16, 2008, 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 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. Standal Properties, LLC has made application to the City Council for a Planned Unit Development to allow up to 100% of the building located at 5700 West 36th Street to be occupied with retail and service uses under Section 36-367 of the St. Louis Park Ordinance Code within the IP Industrial Park zoning district located at 5700 West 36th Street for the legal description as follows, to -wit: Resolution No.'08-065 -2- Lots 8 and 10, Block 28, St. Louis Park, and Lots 24 and 25, Block 28, Rearrangement of St. Louis Park (Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -09 -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 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). The specific modifications include: a. Allow up to 100% of the existing building to be occupied by retail and service uses. 4. The contents of Planning Case File 08 -09 -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 to occupy up to 100% of the building at 5700 West 36th Street with retail and service uses 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 facade design guidelines shall be applicable to all ground floor facades. a. Facrade Transparency. Windows shall meet the following requirements: i. For street -facing facades, no more than 10% of the total window area shall be glass block, mirrored, spandrel, frosted or other opaque glass. Also, no more than 10% of the total window area shall be signage that is applied to the inside or outside surface of the window. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. ii. Visibility into the space shall be maintained for a minimum of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. b. Awnings. i. Awnings and canopies must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. ii. Backlit awnings and canopies are prohibited. Resolution No."08-065 -3- c. Use of Sidewalk. A business may use that portion of a sidewalk on private property provided an eight foot minimum horizontal clearance is maintained between obstructions (trees, light poles, etc) on the sidewalk for the following purposes: i. Display of merchandise provided it does not exceed more than 100 square feet per business. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. 3. The applicant agrees to pay for the on -street parking spaces located directly in front of his property along West 36th Street. 4. The applicant agrees to maintain the portion of the streetscape located directly in front of the property. 5. The property owner shall pay an administrative fine of $750 per violation of any condition of this approval. 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 the streetscape maintenance and those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ) ) ss 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. 08-065 adopted at the St. Louis Park City Council meeting held on May 5, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of June, 2008. Nancy J. Strot , ity Clerk