Loading...
HomeMy WebLinkAbout12-059 - ADMIN Resolution - City Council - 2012/04/02• • RESOLUTION NO. 12-059 Amends and Restates Resolution No. 06-157 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 06-157 ADOPTED ON OCTOBER 3, 2006 APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW SITE PLAN MODIFICATIONS AND AN INCREASE IN DENSITY FOR PROPERTY ZONED M -X MIXED USE AND R -C MULTI- FAMILY RESIDENTIAL LOCATED AT 5600 36TH STREET WEST 5655 35TH STREET WEST 5650 35TH STREET WEST 5600 CAMERATA WAY WHEREAS, Adagio Apartments, 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 to allow site plan modifications and an increase in project density at 5600 36th Street West, 5655 35th Street West, 5650 35th Street West, and 5600 Camerata Way within the M -X Mixed Use and R -C Multi -Family Residential Zoning Districts having the following legal description, to -wit: Lot 1, Block 1, Hoigaard Village Addition, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case No. 12 -04 -PUD and the effect of the proposed site plan modifications and increase in density 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 WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 06-157 of the St. Louis Park City Council dated October 3, 2006 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. 06-157, 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 Files 05 -62 -PUD, 06 -60 -PUD, and 12 -04 - 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. 06-157 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of permitting site plan modifications within the M -X Mixed Use and R -C Multi -Family Residential Zoning Districts at the location described above based on the following conditions: Resolution No. 12-059 -2- 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. The mixed-use building along West 36th Street shall have: i. A maximum of 74 residential units. ii. A minimum of 105 enclosed parking spaces. iii. A minimum of 25,000 square feet of retail space. iv. A minimum of 584 square feet of underground bicycle storage space. v. Second floor balconies shall remain open. No accessory structures, whether permanent or temporary in nature, shall be allowed. b. The condominium building south of West 35t-1/2 Street shall have: i. A maximum of 58 residential units. ii. A minimum of 103 enclosed parking spaces. c. The row houses shall have: i. A maximum of 22 residential units. ii. A minimum of 44 enclosed parking spaces. d. The apartment building shall have: i. A maximum of 220 residential units. ii. A minimum of 180 enclosed parking spaces. 3. Modifications to the Zoning Code are approved as follows: a. Setback modifications as shown on the official site plan, allowing deductions in setback requirements outlined in the staff report. b. A 15% reduction from the required off-street parking spaces. 4. 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 provide the site for the regional stormwater pond and pay 25% of the cost of its construction. b. Developer agrees to contribute $85,000 for public art in the central green area and along 36th Street West. c. Developer agrees to provide at least 17% of the development for Designed Outdoor Recreation Area. d. Developer agrees to hold harmless the City and remediate any environmental contamination found on any part of the redevelopment site. e. Developer agrees to place any on-site utilities underground. f. Developer agrees to enter into a maintenance agreement for the continued maintenance of the streetscape along 36th Street West. g. Developer agrees to provide a snow -removal agreement with the City to ensure all snow is removed to an off-site location during major snow events. 5. Prior to starting any site work, the following conditions shall be met: a. Assent form and official exhibits must be signed by applicant and owner. b. A preconstruction conference shall be held with the appropriate development, construction and city representatives. Resolution No. 12-059 -3- c. A staging plan for demolition and construction shall be filed with the City. d. All necessary permits must be obtained. 6. Prior to the issuance of a building permit for the Mixed -Use Building along 36th St. W. and the Condominium Building south of 35-1/2 St. W., the developer shall: a. Sign a Development Contract b. Financial guarantees shall be in place. c. Building and architectural screening materials samples and colors must be submitted to an approved by the Zoning Administrator. 7. Prior to the issuance of a building permit for the rowhouses or apartment building, the developer shall: a. Obtain all necessary approvals, including approval of the final plat for this phase of the redevelopment. b. Remove the smokestack and any related contamination. c. Complete any necessary environmental remediation. d. Remove the billboard located on the site. e. Building and architectural screening materials samples and colors must be submitted to an approved by the Zoning Administrator. 8. Prior to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Director of Public Works. 9. Fire lanes shall be in accordance with the official exhibits. 10. Any modifications to the site plan resulting from the construction of Highway 100 shall require a Minor Amendment to the PUD. 11. Pnor to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. 12. All roof -top equipment shall be screened from off-site views per Ordinance requirements. 13. The following facade design guidelines shall be applicable to all ground floor, non- residential facades located in the Mixed -Use building facing West 36th Street: a. Facade Transparency. Windows and doors shall meet the following requirements: i. 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 3 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. Resolution No. 12-059 -4- c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 feet from the building wall for the following purposes, provided an 8 foot minimum horizontal clearance along West 36th Street is maintained between obstructions on the sidewalk: 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 5 foot maximum, provided a 12 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. 14. 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 neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 15. The Planned Unit Development shall be amended on October 3, 2006 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits; such documents incorporated by reference herein. b. In the event of any conflict between the Contract for Pnvate Redevelopment and any Planned Unit Development requirements, the Contract for Private Redevelopment shall prevail. c. The amount of required Designed Outdoor Recreation Area, as required in condition 4 (a) of this document, shall be reduced to 15.5%. d. Setback modifications from condition 3 (a) of this document shall be permitted in accordance with the Official Site Plan approved October 3, 2006. 16. The Planned Unit Development shall be amended on April 2, 2012 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the Official Exhibits dated February 6, 2012. b. The Major Amendment increases the total units within the PUD to 416 as a result of the Adagio building increasing from 58 to 100 units. 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 sidewalk and trail installation, repair/cleaning of public streets/utilities including W. 35th Street, and tree replacement/landscaping. d. A total of 110 bicycle parking spaces are required at the Adagio building. Bicycle parking may be provided internally and externally. Resolution No. 12-059 -5- e. Prior to the issuance of a Building Permit, the Utility Plan shall be revised as required by the City Engineer to ensure adequate water service is provided to the Adagio building. f. The landscape plans shall be revised to remove all Norway Maples from the planting plan, to be replaced by a species acceptable to the City's Environmental Coordinator. g. The development agreement shall be amended to reflect the site plan modifications and other proposed changes to the PUD. h. Park Dedication and Trail Dedication fees shall be provided to the City prior to issuance of the building permit. 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. Assent 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. App .1 of a Building Permit, which may impose additional requirements. Reviewed fo Administration: City Manager 11111p Attest: City Clerk Adopted by the City Council April 2, 2012 Mayor