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HomeMy WebLinkAbout08-154 - ADMIN Resolution - City Council - 2008/12/01RESOLUTION NO. 08-154 0 RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX -MIXED USE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT 3900, 3912, 3920 EXCELSIOR BOULEVARD 3409, 3413, 3417 GLENHURST AVENUE SOUTH 3408, 3412, 3416 FRANCE AVENUE SOUTH ELLIPSE ON EXCELSIOR WHEREAS, a complete application for approval of a Planned Unit Development (PUD) was received on October 15, 2008 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary 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 PUD concept at the meeting of November 5, 2008, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on October 23, 2008, and WHEREAS, the Planning Commission held the public hearing at the meeting of November 5, 2008, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 5-1-1 vote, 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. Bader Development 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 MX — Mixed Use and R-4 Multiple Family Residential districts located at 3900, 3912, 3920 Excelsior Boulevard; 3409, 3413, 3417 Glenhurst Avenue South; and 3408, 3412, 3416 France Avenue South for the legal description as follows, to -wit: Resolution No. 08-154 -2- Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -36 -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. Resolution No. 08-154 -3- 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 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. Increased residential density from 50 units per acre to 59.2 units per acre. b. Reduced Class I exterior building materials percentage from 80 percent to 64 percent. 4. The contents of Planning Case File 08 -36 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. City Council adoption of the proposed zoning map amendment from R4 Multiple Family Residence District to MX Mixed Use District. 2. City Council approval of the preliminary and final plat. 3. City Council approval of several easement vacations noted on the preliminary plat. 2. The site shall be developed, used and maintained in conformance with the Preliminary PUD official exhibits. 3. The maximum building height shall be 60 feet. 4. The plan shall meet the MX District setbacks from the adjacent R2 zoning district. 5. The majority of the ground floor shall be commercial uses, and no more than 3,000 square feet shall be used for restaurant. 6. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. A maximum of 132 residential units. b. A minimum of 278 parking spaces. 7. 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: Resolution No. 08-154 -4- a. Developer agrees to install and maintain, at Developer's expense, on -street loading and streetscape improvements along all public streets, including the proposed medians in France Avenue. Construction plans for said improvements shall be submitted to the City Engineer for review and approval. b. Developer agrees to install public improvements at Developer's expense, including the relocation of public sanitary and storm sewer mains in accordance with City approved design and materials. c. Developer agrees to enter into the special service district for the continued maintenance of the streetscape within the public right-of-way along Excelsior Boulevard. d. Developer agrees to contribute to and engage in a public process to select an artist/artwork and contribute financially toward the art to be located in the plaza area at the corner of Excelsior Boulevard and France Avenue. The amount will be finalized with the Final PUD. e. All trash handling and storage facilities shall be located inside the building. f. Developer agrees to bury and install underground all on-site utilities. 8. The following facade design guidelines shall be applicable to all ground floor, non-residential facades located in the Mixed -Use building facing either Excelsior Boulevard or France Avenue: 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. ii. Visibility into the space shall be maintained for a minimum depth 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 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 five feet from the building wall for the following purposes, provided a six-foot minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between obstructions on public sidewalks and provided that all activity is occurring on private property: i. Display of merchandise. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond five feet of the building, provided eight feet minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between the obstructions on the sidewalk. • • • Resolution No. 08-154 -5- d. All wall vents and assorted fixtures shall be painted to match the color of the wall to IIwhich they are attached. 9. The following conditions shall be met prior to starting any land disturbing activities on the site (excluding demolition of existing buildings): a. The Final PUD and Final Plat approvals shall be secured. b. Proof of Recording the Final Plat shall be submitted to the City. c. A site plan showing the required fire lanes shall be submitted. d. Building material samples and colors shall be submitted. e. Assent form and official exhibits shall be signed by the applicant and owner. f. A preconstruction conference shall be held with the appropriate development, construction and City representatives. g. A staging plan for construction shall be filed with the City. h. All necessary permits must be obtained. 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 ent agreement as a condition of approval of the Final P.U.D. The development agreement scall add`r1ess those issues which the City Council deems appropriate and necessary. The Mayor and ity Manager are authorized to execute the development agreement. Revie ed for Administration: City Attest: City Clerk Adopted by the City Council December 1, 2008 M 01