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HomeMy WebLinkAbout11-143 - ADMIN Resolution - City Council - 2011/12/19• • RESOLUTION NO. 11-143 RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) AT 3924 EXCELSIOR BOULEVARD ELLIPSE II ON EXCELSIOR ("e2") WHEREAS, Bader Development proposes to construct a 58 -unit apartment building at 3924 Excelsior Boulevard named Ellipse II on Excelsior ("e2"); and WHEREAS, the subject property is located within the RC High Density Multiple Family Residential zoning district; and WHEREAS, a complete application for approval of a Preliminary Planned Unit Development (PUD) under Section 36-367 of the St. Louis Park Ordinance Code was received on October 18, 2011 from the applicant, and WHEREAS, notice of a public hearing on the application was mailed to all owners of property within 350 feet of the subject property, and WHEREAS, the Planning Commission reviewed the concept plans at the meeting of September 21, 2011, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on November 3, 2011, and WHEREAS, the Planning Commission held the public hearing at the meeting of November 16, 2011, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 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 to construct a 58 -unit apartment building on property at 3924 Excelsior Boulevard, and legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, described as commencing at the intersection of the Southwesterly line of the plat of "Minikanda Oaks, Hennepin County, Minnesota" with a line drawn parallel with and 50 feet Northwesterly from the centerline of Excelsior Avenue, as delineated on said plat; thence Southwesterly parallel with said centerline and its Southwesterly extension 170 feet to the actual point of beginning; thence continuing Southwesterly along said parallel line 166.30 feet; thence Northwesterly at right angles 190 feet; thence Resolution No. 11-143 -2- Northeasterly at right angles 166.30 feet; thence Southeasterly at right angles to the point of beginning, Hennepin County, Minnesota. AND The Southwesterly 11.00 feet of Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11 -27 -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. Increased residential density from 50 units per acre to 75 units per acre. b. Increased Ground Floor Area Ratio from 0.25 to 0.30. c. Increased Floor Area Ratio from 1.2 to 2.1 d. Reduced front yard to allow a 10 -foot building setback, and five-foot setback for the exterior stairways and ADA accessible ramp. e. Reduced side (east) yard setback to 30 feet. 4. The contents of Planning Case File 11 -27 -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. The site shall be developed, used and maintained in accordance with the Final PUD official exhibits. A Parking Management Plan shall be included in the official exhibits. 2. The following requirements, as indicated in the official exhibits, shall apply to the PUD: a. A maximum residential density of 75 units per acre. b. A maximum of 58 residential units. c. A maximum of 62 bedrooms. e. A minimum of 105 parking spaces. f. A maximum building height of 60 feet. g. A maximum ground floor area ratio of 0.30. h. A maximum floor area ratio of 2.05. i. A minimum front yard of 10 feet for the building and 5 feet for exterior stairs and ramps (from southerly property line along Excelsior Boulevard). j. A minimum side yard (from the easterly property line) of 30 feet. Resolution No. 11-143 -3- k. Any amendments to the Parking Management Plan and/or practices shall require City approval. 3. 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 following issues have been identified as appropriate to include in the PUD development agreement: a. A list of all PUD modifications. b. A list of public improvements to be installed at Developer's expense. c. An irrevocable covenant in a form approved by the City Attorney protecting the 22 parking stalls to be used by the Ellipse on Excelsior commercial development. d. A requirement for a performance guarantee in the form of cash or letter of credit for 125% of the estimated cost of all public improvements, including fire hydrants, on -street loading bay, street signs, and streetscape improvements along Excelsior Boulevard, and for the required site landscaping. e. A maintenance agreement for the Developer to maintain adjacent public improvements, including the proposed on -street loading bay and streetscape along Excelsior Boulevard. f. An agreement for the Developer to continue to pay annual services charges for the special services district in an amount equal to what would be the amount payable by the property if it remained a commercial property. g. A requirement that all trash handling and storage facilities shall be located inside the building. h. A requirement that utility service structures shall be buried; and if any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site. 4. The following conditions shall be met prior to starting any land disturbing activities on the site: a. City approvals of the Final Plat, Final PUD, rear and side yard variances, and vacation of landscaping easement (Doc. No. 6743421) shall be secured. b. Proof of Recording the Final Plat shall be submitted to the City. c. Building material samples and colors shall be submitted to the City for review. d. The assent form and official exhibits shall be signed by the applicant and owner. 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. A plan to manage parking during construction shall be submitted to the City for review and approval. g. All necessary permits must be obtained. 5. Prior to issuance of building permits: a. The Developer shall sign the City's Assent Form and the Official Exhibits. b. Final plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public improvements, and construction documents conform to the requirements of the City Code of Ordinances and City policies. Resolution No. 11-143 -4- c. The Developer shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public improvements such as on -street loading area; streetscape, including sidewalks, street lighting, landscaping; fire hydrant; repair/cleaning of public streets/utilities during construction; and required site landscaping. d. The proposed 22 shared commercial parking stalls shall be protected by an irrevocable covenant in a form approved by the City Attorney. A certified copy of the recorded document shall be provided to the Zoning Administrator within 60 days of the Final PUD approval. 6. The Developer shall comply with the following conditions during construction: a. Construction shall comply with all City noise ordinances. Construction activity will be limited to 7 a.m. through 10 p.m. Monday through Friday, and 9 a.m. and 10 p.m. Saturdays. There shall be no construction on Sundays or national holidays. b. The site shall be kept free of dust and debris that could blow onto neighborhood properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. 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. 7. Prior to the issuance of a certificate of occupancy the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the Official Exhibits. b. Landscaping and irrigation shall be installed in accordance with the Official Exhibits. c. Exterior building improvements shall be completed in accordance with the Official Exhibits. d. All mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. Painting of mechanical equipment shall not be considered screening. 8. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. In a . diti s to any other remedies, the developer or owner shall pay an administrative fee of $750 per olatin of any condition of this approval. Reviewe ministration: City M. ger Attest: Adop - y the City Council December 19, 201 At. Mayor ,r