HomeMy WebLinkAbout09-046 - ADMIN Resolution - City Council - 2009/03/02RESOLUTION NO. 09-046
RESOLUTION APPROVING A
PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD)
LOCATED AT
5201 UTICA AVENUE SOUTH
THE TOWERS AT WEST END
WHEREAS, Duke Realty, L.P. submitted an application for approval of a Preliminary
Planned Unit Development (PUD) under Section 36-367 of the zoning code, and
WHEREAS, the subject property is located within the 0 — Office zoning district; and
WHEREAS, the proposed office buildings exceed intensity class 6 under Zoning Code
Section 36-115, Table 36-115C and are permitted by conditional use permit. The proposal meets,
or is able to meet, all the office district conditions and said conditional use permit(s) shall be deemed
granted upon final PUD approval.
WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of
property within 350 feet of the subject property, and
WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the
meeting of January 21, 2009, and
WHEREAS, notice of public hearing on the Preliminary PUD was published in the St.
Louis Park Sailor on January 8, 2009, and
WHEREAS, the Planning Commission held the public hearing at the meeting of January
21, 2009, and
WHEREAS, the Planning Commission recommended approval of the Preliminary 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. Duke Realty L.P. 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 5201 Utica Avenue South for the legal description as follows, to -wit:
Resolution No. 09-046 -2-
Outlot A, THE SHOPS AT WEST END, Hennepin County, Minnesota
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 08 -50 -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
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. Reduction in all yard (setback) requirements.
4. The contents of Planning Case File 08 -50 -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 of Golden Valley approval of that portion of the redevelopment within its jurisdiction.
2. City Council vacation of the existing 25 feet wide easement along the municipal boundary on
Outlot A and Lot 1, Block 1, THE TOWERS AT WEST END, Hennepin County, Minnesota.
3. The materials used in, and placement of, all signs shall be integrated with the building design
and architecture. Sign permits are required.
4. The south driveway access near the Health Partners building shall be revised to better coordinate
and/or distinguish between the access and circulation of traffic between the two properties prior
to final plat and final PUD approvals.
5. The plans shall be revised to address the comments in the Consulting Engineer Plan Review
Letter before final plat and final PUD approvals.
6. All utilities shall be placed underground, excluding transformers and gas meters, but including
other utilities service structures such as electrical boxes and pedestals. The property owner shall
continue to coordinate with small utility companies on the placement, screening and burying of
these structures to maintain the aesthetic quality of the streetscape and development.
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Resolution No. 09-046 -3-
7. The property owner shall provide a public drainage and utility easement over the sanitary sewer
detention area should detention be required based on monitoring and projection of sanitary
sewer capacity in the regional system.
8. Separate domestic and fire water services shall be provided to each building.
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 those issues which the City Council deems appropriate and necessary. The Mayor and
Ci anager are authorized to execute the development agreement.
Revi - . d for Administration:
City
Attest:
City Clerk 0
Adopted by the City Council March 2, 2009
Mayor