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HomeMy WebLinkAbout10-031 - ADMIN Resolution - City Council - 2010/03/15RESOLUTION NO. 10-031 RESOLUTION APPROVING A 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 435 FORD ROAD, 400 HIGHWAY 169, AND 600 HIGHWAY 169 WHEREAS, the City Council approved the Preliminary PUD on November 2, 2009, Resolution No. 09-151; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on January 19, 2010 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of February 24, 2010, and WHEREAS, the Planning Commission recommended approval of the 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. Interchange Investors, LLC and GSH Lodging have made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the O -Office district located at 435 Ford Road, 400 Highway 169, and 600 Highway 169 for the legal description as follows, to -wit: Parcel 1: Lot 2, Block 7, SHELARD PARK, AND that part of Lot 1, Block 7, SHELARD PARK, lying Easterly of a line drawn from a point on the North line of said lot distant 64.51 feet Westerly of the Northeast corner of said Lot to a point on the South line of said Lot distant 68.97 feet Westerly of the Southeast corner of said Lot, according to the plat of SHELARD PARK recorded as Document No. 3798450 in the office of the County Recorder, Hennepin County, Minnesota. Parcel 2: Lot 3, Block 7, SHELARD PARK, except that part of Lot 3, Block 7, SHELARD PARK shown as Resolution No. 10-031 -2- Parcel 45 on Minnesota Department of Transportation Right of Way Plat Numbered 27-23 recorded as Document No. 5062849, also described as that part of said Lot 3 lying easterly of a straight line from Corner B9 to Corner B25 on said Plat 27-23, according to the plat of SHELARD PARK recorded as Document No. 3798450 in the office of the County Recorder, Hennepin County, Minnesota. Parcel 10: Lot 1, Block 7, SHELARD PARK, except that part thereof lying Easterly of a line drawn from a point on the North line of said lot distant 64.51 feet Westerly of the Northeast corner of said Lot to a point on the South line of said Lot distant 68.97 feet Westerly of the Southeast corner of said Lot, according to the plat of SHELARD PARK recorded as Document No. 3798450 in the office of the County Recorder, Hennepin County, Minnesota. Parcel 11: That part of the East 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117, Range 22 West of the 5th Principal Meridian lying Southerly of that part of Lot 1, Block 7, SHELARD PARK, Hennepin county, Minnesota, which lies within said West Half and lying Northerly of a line drawn Easterly from and perpendicular to the West line of said East 10 rods, from a point on said West line distant 36 feet Southerly, as measured along said West line, from the most Westerly corner of said Lot 1, to the East line of said West Half and there terminating; according to the Government Survey thereof and situate in Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 09 -19 -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(6)(5). The specific modifications include: a. Setback and yard requirements for the hotel portion of the PUD shall be reduced to 0. All other setbacks within the PUD shall be maintained in existing condition per the official exhibits. Resolution No. 10-031 -3- b. Designed Outdoor Recreation Area (DORA) requirements shall be reduced from 12% to 6% to account for park dedication completed through the plat of SHELARD PARK, Hennepin County, Minnesota. c. Landscape alternatives per Section 36-364-(g) are approved in accordance with the official exhibits. 4. The contents of Planning Case File 09 -19 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The 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. All necessary permits must be obtained. c. 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. 2. Prior to the issuance of a building permit, the following conditions shall be met: a. To improve pedestrian and driver safety on the site, plans shall be revised to provide for a clear, safe delineation and separation between vehicles and pedestrians in the space between the 600 Tower and the proposed hotel. b. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. c. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials and other required public improvements. d. The planned installation of any mechanical or utility equipment, including but not limited to emergency generators and utility cabinets, shall include means to ensure full screening from off-site view. 3. The developer shall comply with the following conditions during 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 neighborhood properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. Resolution No. 10-031 -4- e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. 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. g. 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. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. The painting of mechanical equipment shall not be considered screening. 5. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 6. Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian access to and from the site. To protect the health, welfare and safety of residents, customers, and employees, snow removal on all sidewalks shall begin with a trigger depth of '/z", with a continuous effort until the snow event has ceased and complete cleanup has occurred. 7. All sidewalks shall be maintained free from ice at all times. 8. Snow must be hauled from the site to an off-site location. 9. To ensure pedestrian, bicycle 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. 10. Architectural standards shall be maintained in accordance with the official exhibits; any design modifications reducing the amount of Class I materials shall require a major amendment to the PUD. 11. All utility lines and structures must be placed underground or inside the building. Staff shall verify that construction documents include the placement of all utilities lines or structures underground or inside the building prior to issuance of the building permit. 12. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. Resolution No. 10-031 -5- 13. Lot 1, Block 1 of METROPOINT is currently used for landscaping purposes only, but is suitable for future development. Any such development, except for the further development of outdoor landscape amenities, shall require a major amendment to the Planned Unit Development. 14. The developer shall pay an administrative fine of $750.00 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 may require execution of a development agreement as a condition of approval of the Final PUD. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and Manager are authorized to execute the development agreement. The ity Clerk is instructed to record certified copies of this resolution in the Office of the Hen. n County Register of Deeds or Registrar of Titles as the case may be. - r Administration: Ado to b the City Council March 15, 2010 �.rnn _Vun Attest. Mayor V' /0o3 r IIIIII�IIIIIIII 1111111111111111111110111111 Doc No A9549942 Certified filed and/or recorded"on 8/20/10 12 0013M' R Office of the County'Recorder Hennepin County Minnesota Michael H Cunniff, County Recorder Jill L Alverson, County Auditor and Treasurer Deputy 26. Doc Name�Resolution Document'Recording Fee Pkg ID 648968 $46 00 Document Total This cover sheet is now a permanent part of the recorded document $46 00 RESOLUTION NO. 10-031 RESOLUTION APPROVING A 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 435 FORD ROAD, 400 HIGHWAY 169, AND 600 HIGHWAY 169 WHEREAS, the City Council approved the Preliminary PUD on November 2, 2009, Resolution No. 09-151; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on January 19, 2010 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of February 24, 2010, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 IIvote 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 Interchange Investors, LLC and GSH Lodging have made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the O -Office district located at 435 Ford Road, 400 Highway 169, and 600 Highway 169 for the legal description as follows, to -wit Parcel 1 • Lot 2, Block 7, SHELARD PARK, AND that part of Lot 1, Block 7, SHELARD PARK, lying Easterly of a line drawn from a point on the North line of said lot distant 64 51 feet Westerly of the Northeast corner of said Lot to a point on the South line of said Lot distant 68.97 feet Westerly of the Southeast corner of said Lot, according to the plat of SHELARD PARK recorded as Document No. 3798450 in the office of the County Recorder, Hennepin County, Minnesota. Resolur,,on N6. 10-031 -2- Parcel 2: Lot 3, Block 7, SHELARD PARK, except that part of Lot 3, Block 7, SHELARD PARK shown as Parcel 45 on Minnesota Department of Transportation Right of Way Plat Numbered 27-23 recorded as Document No. 5062849, also described as that part of said Lot 3 Tying easterly of a straight line from Corner B9 to Corner B25 on said Plat 27-23, according to the plat of SHELARD PARK recorded as Document No 3798450 in the office of the County Recorder, Hennepin County, Minnesota. Parcel 10: Lot 1, Block 7, SHELARD PARK, except that part thereof lying Easterly of a line drawn from a point on the North line of said lot distant 64 51 feet Westerly of the Northeast corner of said Lot to a point on the South line of said Lot distant 68.97 feet Westerly of the Southeast corner of said Lot, according to the plat of SHEI.ARD PARK recorded as Document No. ,3798450 in the office of the County Recorder, Hennepin County, Minnesota Parcel 11 • That part of the East 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117, Range 22 West of the 5th Principal Meridian lying Southerly of that part of Lot 1, Block 7, SHELARD PARK, Hennepin county, Minnesota, which lies within said West Half and lying Northerly of a line drawn Easterly from and perpendicular to the West line of said East 10 rods, from a point on said West lint distant 36 feet Southerly, as measured along said West line, from the most Westerly corner of said Lot I, to the East line of said West Half and there terminating; according to the Government Survey thereof and situate in Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 09 -19 -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 Compiehensive Plan and that the requested modifications comply with the requirements of Section 36-367(6)(5) The specific modifications include. Resolutii)n No: 10-031 -3- a. Setback and yard requirements for the hotel portion of the PUD shall be reduced to 0. All other setbacks within the PUD shall be maintained in existing condition per the official exhibits. b. Designed Outdoor Recreation Area (DORA) requirements shall be reduced from 12% to 6% to account for park dedication completed through the plat of SHELARD PARK, Hennepin County, Minnesota. c. Landscape alternatives per Section 36-364-(g) are approved in accordance with the official exhibits. 4. The contents of Planning Case File 09 -19 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case Conclusion The 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. All necessary permits must be obtained. c. 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. 2. Prior to the issuance of a building permit, the following conditions shall be met. a. To improve pedestrian and driver safety on the site, plans shall be revised to provide for a clear, safe delineation and separation between vehicles and pedestrians in the space between the 600 Tower and the proposed hotel. b. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. c. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials and other required public improvements. d. The planned installation of any mechanical or utility equipment, including but not limited to emergency generators and utility cabinets, shall include means to ensure full screening from off-site view. 3 The developer shall comply with the following conditions during 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. e Resolution No. 10-031 -4- 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 neighborhood properties d Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. 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. g 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. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. The painting of mechanical equipment shall not be considered screening. 5. No outside storage is permitted Incidental outside storage shall be removed within 48 hours. 6 Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian access to and from the site. To protect the health, welfare and safety of residents, customers, and employees, snow removal on all sidewalks shall begin with a trigger depth of 1/2'', with a continuous effort until the snow event has ceased and complete cleanup has occurred 7. All sidewalks shall be maintained free from ice at all times. 8 Snow must be hauled from the site to an off-site location. 9. To ensure pedestrian, bicycle 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. 10. Architectural standards shall be maintained in accordance with the official exhibits; any design modifications reducing the amount of Class I materials shall require a major amendment to the PUD. 11. All utility lines and structures must be placed underground or inside the building Staff shall ® verify that construction documents include the placement of all utilities lines or structures underground or inside the building prior to issuance of the building permit. Resolutio,i No.' 10-031 -5- 12 Construction plans shall indicate the location of the concrete wash-out area, which shall not be ® located on any required landscaping areas. 0 13. Lot 1, Block 1 of METROPOINT is currently used for landscaping purposes only, but is suitable for future development Any such development, except for the further development of outdoor landscape amenities, shall require a major amendment to the Planned Unit Development. 14. The developer shall pay an administrative fine of $750 00 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 ►nay require execution of a development agreement as a condition of approval of the Final PUD The development agreement shall address those issues which the City Council deems appropriate and necessary The Mayor and City Manager are authorized to execute the development agreement. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may he STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) 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. 10-031 adopted at the St. Louis Park City Council meeting held on March 15, 2010. WITNESS my hand and the Seal of the City of St. Louis Park this 13th day of August, 201009 Nancy J. Stroth, ity , erk