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HomeMy WebLinkAbout09-159 - ADMIN Resolution - City Council - 2009/11/16RESOLUTION NO. 09-159 Amends and Restates Resolution No. 08-120 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 08-120 ADOPTED ON SEPTEMBER 15, 2008 APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX — MIXED USE LOCATED AT 3601 WOODDALE AVENUE SOUTH WHEREAS, Greco Real Estate, LLC has made application to the City Council for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance Code within the MX — Mixed Use Zoning District having the following legal description: Lots 1, 2, 3, and 4, Block 44, "St. Louis Park," Lots 7, 8, 9, 10, and 11, Block 44, Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park, except that part lying Westerly of the following described line. Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park; thence Westerly 110.00 feet along the North line of said Block 44 to the point of beginning of the line to be described; thence Southerly at a right angle, to the Southwesterly line of said Block 44 and there terminating. That part of the North Half of the vacated alley between Block 1, "Collins Second Addition to St. Louis Park" and Block 44, "St. Louis Park," lying West of the Southerly extension of the East line of Lot 1, Block 44, "St. Louis Park" and Easterly of the Southeasterly extension of the Westerly line of Lot 11, block 44, "Rearrangement of St. Louis Park." and Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK, according to the recorded plat thereof, Hennepin County, Minnesota. The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and all of vacated alley and adjoining one half of Yosemite Avenue vacated, Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK WHEREAS, the City Council has considered the information related to Planning Case No. 09 -21 -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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and Resolution No. 09-159 -2- WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 08-120 of the St. Louis Park City Council dated September 15, 2008 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 Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 08-120, 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 File 09 -21 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No 08-120 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property within the MX — Mixed Use Zoning District at the location described above based on the following conditions: A 14% reduction in the required parking. 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. A maximum of -1-56 115 residential units. b. A minimum of 153 2 structured parking spaces. c. A 14% 6% reduction from the required parking spaces to allow 178 147 parking spaces instead of the required 2-96 156 parking spaces. d. A minimum of 25 on -street parking spaces shall be provided. 3. 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: a. Developer agrees to install, at its expense, street, on -street parking and streetscape improvements along all public and private streets and access drives subject to final streetscape designs, Final PUD approval and City approval of detailed construction drawings. b. Developer agrees to enter into a special service district for the continued maintenance of the streetscape along 36th Street West and Wooddale Avenue. c. Developer agrees to enter into a snow -removal agreement with the City to ensure all snow is removed from Yosemite Avenue and 37th Street West. d. Developer agrees to contribute $100,000 toward the construction of the regional storm water pond located at Hoigaard Village. Resolution No. 09-159 -3- e. Developer agrees to contribute financially toward the public art to be located in the plaza area at the corner of Wooddale Avenue and 36th Street West. The amount will be finalized upon receipt of the final cost estimates of the public art and streetscape plans. The contribution amount will be included in the development agreement. f. All deliveries made at Yosemite Avenue shall be made and concluded prior to 9 am Deliveries lasting less than 15 minutes may be made utilize on -street parking bays g. All trash handling and storage facilities shall be located inside the building h. No more than 60 The underground parking spaces shall be restricted to residents, guests, and employees of the residence. The surface parking shall be available for public parking. i. Developer agrees to place any on-site utilities underground 4. The following facade design guidelines shall be applicable to all ground floor, non-residential facades located in the Mixed -Use building facing West 36`h Street: a. Facade Transparency. Windows and doors shall meet the following requirements: 1. 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 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 6 foot minimum horizontal clearance along West 36th Street is maintained between obstructions on the private and 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 the five foot maximum, provided an 8 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. d. All wall vents and assorted fixtures shall be painted to match the color of the wall they are attached to. 5. Prior to starting any site work, the following conditions shall be met. a. Proof of Recording the Final Plat shall be submitted to the City. b. A site plan showing the required fire lanes shall be submitted. c. Building material samples and colors shall be submitted. d. Assent form and official exhibits must be signed by applicant and owner. Resolution No. 09-159 -4- e. A preconstruction conference shall be held with the appropriate development, construction and city representatives. f. A staging plan for construction shall be filed with the City. g. All necessary permits must be obtained. 6. 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. sent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. Reviewid i r ' dministration Attest: —Yi X2 c v,___9_ D'e:7__ City Clerk Adopted by the City Council November 16, 2009 Mayor