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HomeMy WebLinkAbout12-033 - ADMIN Resolution - City Council - 2012/02/21RESOLUTION NO. 12-033 A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED R -C HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL LOCATED AT 1324 AND 1332 KENTUCKY AVENUE SOUTH WHEREAS, an application for approval of a Planned Umt Development (PUD) was received on November 21, 2011 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary and Final 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 and Final PUD at the meeting of January 18, 2012, and WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on January 5, 2012, and WHEREAS, the Planning Commission opened the public hearing at the meeting of January 18, 2012, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 6-0 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. Viren Gori 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 R -C — High Density Multiple Family Residential district located at 1324 and 1332 Kentucky Avenue South for the legal description as follows, to -wit: Parcel 1 That part of Lots 355 and 356, "Richmond", lying Southeasterly of the following described line; Beginning at a point on the West line of said Lot 356, distant 3 feet North of the Southwest corner thereof; thence run Northeasterly to the Northeast corner of Lot 355, said Richmond and there terminating, except any portion thereof taken for highway or street purposes, Hennepin County, Minnesota Parcel 2 Lots 357 and 358, Richmond, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11 -32 -PUC) and the effect of the proposed PUD on the health, safety and Resolution No. 12-033 -2- 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 traffic congestion or 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. An increase in allowable Ground Floor Area Ratio from 0.25 to 0.28. b. A reduction in the north setback along Wayzata Boulevard from 37.5 feet to 15.2 feet. c. A 15% reduction in the total number of off-street parking spaces required, reducing the number of spaces from 19 to 16. d. Modifications to landscaping regulations to allow for the use of alternative landscaping. 4. The contents of Planning Case File 11 -32 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary and Final 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 conformance with the Official Exhibits. 2. A development agreement between the City and the developer shall be required to address payment of fees and financial guarantees. 3. Prior to issuance of a building permit, the following conditions shall be met: a. 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 sidewalk installation, repair/cleaning of public streets/utilities, and tree replacement/landscaping. b. All necessary permits shall be obtained. c. The developer shall make any revisions to the utility and grading plans required by the City Engineer. d. The landscape plan and species selection shall be revised as required by the City Environmental Coordinator. e. Color samples of all building materials shall be submitted and approved by the Zoning Administrator. f. A Lighting Plan, including light fixture details, shall be submitted and approved by the Zoning Administrator. 4. The applicant shall comply with the following conditions during construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary. c. Construction access to the site shall be provided from the north cul-de-sac along Kentucky Avenue South with access primarily from Wayzata Boulevard. The south cul-de-sac with access into the Eliot neighborhood shall be used only • Resolution No. 12-033 -3- incidentally and no construction staging whatsoever shall take place in that location. Construction parking shall take place along Kentucky Avenue to the south of the site. d. Hours of construction on weekdays shall be limited to the hours between 7:00 AM and 9:00 PM. e. Hours of construction on weekends shall be limited to the hours between 9:00 AM and 5:00 PM. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. A total of 22 bicycle parking spaces are required. Proof of bicycle parking is acceptable for outdoor bicycle parking; a minimum of 6 outdoor bicycle parking spaces must be provided at the time of construction. 6. A minimum of two benches for public use must be installed along the public sidewalks adjacent to the site. 7. All utility structures and refuse or recycling storage areas shall be depicted on the site plan prior to issuance of a building permit. Such structures or areas shall be internal to the building or screened using materials similar in design and quality to the materials used for the principal building on the site. 8. No outdoor storage shall be permitted. 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 Preliminary and 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 6 erk is instructed to record certified copies of this resolution in the Office of the He epin C unty Register of Deeds or Registrar of Titles as the case may be. inistration: Attest: City Clerk a )4 Ado ted y Mayor he Cft�b Council February 21, 2012 i 7,f7 • e PARKCITY OF T. LOUIS Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 12-033 adopted February 21, 2012, and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Nancy J. S City Clerk Date: March 1, 2012 RESOLUTION NO. 12-033 A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED R -C HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL LOCATED AT 1324 AND 1332 KENTUCKY AVENUE SOUTH WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on November 21, 2011 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary and Final 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 and Final PUD at the meeting of January 18, 2012, and WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on January 5, 2012, and WHEREAS, the Planning Commission opened the public hearing at the meeting of January 18, 2012, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 6-0 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. Viren Gori 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 R -C — High Density Multiple Family Residential district located at 1324 and 1332 Kentucky Avenue South for the legal description as follows, to -wit: Parcel 1 That part of Lots 355 and 356, "Richmond", lying Southeasterly of the following described line; Beginning at a point on the West line of said Lot 356, distant 3 feet North of the Southwest corner thereof thence run Northeasterly to the Northeast corner of Lot 355, said Richmond and there terminating, except any portion thereof taken for highway or street purposes, Hennepin County, Minnesota Parcel 2 Lots 357 and 358, Richmond, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11 -32 -PUC) and the effect of the proposed PUD on the health, safety and Resolution No. 12-033 -2- 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 traffic congestion or 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. An increase in allowable Ground Floor Area Ratio from 0.25 to 0.28. b. A reduction in the north setback along Wayzata Boulevard from 37.5 feet to 15.2 feet. c. A 15% reduction in the total number of off-street parking spaces required, reducing the number of spaces from 19 to 16. d. Modifications to landscaping regulations to allow for the use of alternative landscaping. 4. The contents of Planning Case File 11 -32 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development at the location descnbed 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 conformance with the Official Exhibits. 2. A development agreement between the City and the developer shall be required to address payment of fees and financial guarantees. 3. Prior to issuance of a building permit, the following conditions shall be met: a. 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 sidewalk installation, repair/cleaning of public streets/utilities, and tree replacement/landscaping. b. All necessary permits shall be obtained. c. The developer shall make any revisions to the utility and grading plans required by the City Engineer. d. The landscape plan and species selection shall be revised as required by the City Environmental Coordinator. e. Color samples of all building materials shall be submitted and approved by the Zoning Administrator. f. A Lighting Plan, including light fixture details, shall be submitted and approved by the Zoning Administrator. 4. The applicant shall comply with the following conditions during construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary. c. Construction access to the site shall be provided from the north cul-de-sac along Kentucky Avenue South with access primarily from Wayzata Boulevard. The south cul-de-sac with access into the Eliot neighborhood shall be used only Resolution No. 12-033 -3- incidentally and no construction staging whatsoever shall take place in that location. Construction parking shall take place along Kentucky Avenue to the south of the site. d. Hours of construction on weekdays shall be limited to the hours between 7:00 AM and 9:00 PM. e. Hours of construction on weekends shall be limited to the hours between 9:00 AM and 5:00 PM. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. A total of 22 bicycle parking spaces are required. Proof of bicycle parking is acceptable for outdoor bicycle parking; a minimum of 6 outdoor bicycle parking spaces must be provided at the time of construction. 6. A minimum of two benches for public use must be installed along the public sidewalks adjacent to the site. 7. All utility structures and refuse or recycling storage areas shall be depicted on the site plan prior to issuance of a building permit. Such structures or areas shall be internal to the building or screened using materials similar in design and quality to the materials used for the principal building on the site. 8. No outdoor storage shall be permitted. 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 Preliminary and Final PUD. The development agreement shall address those issues which the City Council deems appropnate and necessary. The Mayor and City Manager are authorized to execute the development agreement. The City • erk is instructed to record certified copies of this resolution in the Office of the He epin C.unty Register of Deeds or Registrar of Titles as the case may be. Review inistration: City Man Attest: City Clerk a • Adoed > y/4he/Cittj Council February 21, 2012 Mayor I ( IIIfl iiiuiiii111iiu Doc No A9763390 Certified, filed and/or recorded on 3/14/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 11 Pkg ID 784305M Doc Name: Resolution i 9 -b33 Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document