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HomeMy WebLinkAbout12-062 - ADMIN Resolution - City Council - 2012/04/16RESOLUTION NO. 12-062 Amends and Restates Resolution No. 12-008 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 12-008 AND APPROVING A MAJOR AMENDMENT TO THE FINAL PLANNED UNIT AT 3924 EXCELSIOR BOULEVARD FOR 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 Final 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, the Planning Commission reviewed the concept plans at the meeting of September 21, 2011, and WHEREAS, the Planning Commission held the public hearing after proper notice and publication at the meeting of November 16, 2011, and recommended approval of the Preliminary PUD, and WHEREAS, the City Council adopted Resolutions No. 11-141, 11-142, and 11-143 approving a Preliminary Plat with Vanance, Side Yard and Rear Yard Variances, and Preliminary PUD respectively all relating to the subject property, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January 4, 2012, and recommended approval of the Final PUD, and - WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 12-008 of the St. Louis Park City Council dated January 17, 2012, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to the PUD conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, Bader Development made application to the City for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance to allow changes that increase the required parking and increase the off-site shadow impacts of the building. WHEREAS, a complete application for approval of a major amendment to a Final Planned Unit Development (PUD) under Section 36-367 of the St. Louis Park Ordinance Code was received on March 30, 2012 from the applicant, and WHEREAS, notice of a public hearing on the application was published in the St. Louis Park Sailor on March 22, 2012, and mailed to all owners of property within 350 feet of the subject property, and • Resolution No. 12-062 -2- WHEREAS, the Planning Commission held the public hearing at the meeting of April 4, 2012, and recommended approval of the Major Amendment to the Final PUD, and WHEREAS, the City Council considered the information related to Planning Case Nos. 11 -27 -PUD and 12 -12 -PUD and the effect of the applications 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, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearings or otherwise including comments in the record of decision. WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 12-008, 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 11 -27 -PUD and 12 -12 -PUD are hereby entered into and made part of the public heanng and the record of decision for this case. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings III1. Bader Development has made application to the City Council for a Planned Unit Development to construct a 58-umt apartment building on property at 3924 Excelsior Boulevard, and legally descnbed as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, J �Q Range 24, described as commencing at the intersection of the Southwesterly line of the Y J plat of "Mimkanda Oaks, Hennepin County, Minnesota" with a line drawn parallel with and 50 feet Northwesterly from the centerline of Excelsior Avenue, as delineated on said I plat; thence Southwesterly parallel with said centerline and its Southwesterly extension 4170 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 Northeasterly at right angles 166.30 feet; thence Southeasterly at nght angles to the point \s., of beginning, Hennepin County, Minnesota. q 0 'i3 9/ ' "°-3 AND • The Southwesterly 11.00 feet of Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota. 0 6 0 v9/o®7 2. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 11 -27 -PUD and 12 -12 -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 will it cause serious traffic congestion or hazards, nor Resolution No. 12-062 -3- 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 Nos. 11 -27 -PUD and 12 -12 -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 for a 58 -unit apartment building at 3924 Excelsior Boulevard 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. The Official Exhibits shall include a Parking Management Plan. 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 minimum of— 109 parking spaces. d. A maximum building height of 60 feet. e. A maximum ground floor area ratio of -040 0.29. f. A maximum floor area ratio of 2.1. g. A minimum front yard of 10 feet for the building and 4 feet for exterior stairs and ramps (from southerly property line along Excelsior Boulevard). h. A minimum side yard (from the easterly property line) of 30 feet. i. Any amendments to the e2 Parking Management Plan shall require the approval of City of St. Louis Park. 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 PUD. 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 at 3900 Excelsior Boulevard. 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. • Resolution No. 12-062 -4- 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. Proof of Recording the Final Plat shall be submitted to the City. b. Building material samples and colors shall be submitted to the City for review. c. The assent form and official exhibits shall be signed by the applicant and owner. d. A preconstruction conference shall be held with the appropnate development, construction and City representatives. e. A staging plan for construction shall be filed with the City. f. 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. c. The Developer shall provide the required performance guarantee. 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 debns that could blow onto streets and neighboring 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. Resolution No. 12-062 -5- 7. Prior to the issuance of a certificate of occupancy the following shall be completed: 1111 a. Fire lanes shall be signed and stnped 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. 9. 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 descnbed as follows: 10. The Planned Unit Development shall be amended on Apnl 16, 2012 to allow rup to 65 bedrooms in the 58 -unit apartment building, subject to the preceding conditions and the following added conditions: a. The developer and owner shall sign the assent form and amended Official Exhibits. b. The site shall be developed, used•and maintained in accordance with the Official Exhibits; such documents incorporated by reference herein. 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. TheClerk is instructed to record certified copies of this resolution in the Office of the Hennepin ounty Register of Deeds or Registrar of Titles as the case may be. Review R ministration: Adopted by the Council April 16, 2012 __._---- City- City Man Attest: City Clerk Ma r • • • v IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc No A9791882 Certified, filed and/or recorded on 5/22/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 807098M Doc Name: Resolution,4J0 , (a - 0 Ls a. Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document RESOLUTION NO. 12-062 Amends and Restates Resolution No. 12-008 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 12-008 AND APPROVING A MAJOR AMENDMENT TO THE FINAL PLANNED UNIT AT 3924 EXCELSIOR BOULEVARD FOR 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 Final 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, the Planning Commission reviewed the concept plans at the meeting of September 21, 2011, and WHEREAS, the Planning Commission held the public hearing after proper notice and publication at the meeting of November 16, 2011, and recommended approval of the Preliminary PUD, and WHEREAS, the City Council adopted Resolutions No. 11-141, 11-142, and 11-143 approving a Preliminary Plat with Variance, Side Yard and Rear Yard Variances, and Preliminary PUD respectively all relating to the subject property, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January 4, 2012, and recommended approval of the Final PUD, and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 12-008 of the St. Louis Park City Council dated January 17, 2012, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to the PUD conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, Bader Development made application to the City for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance to allow changes that increase the required parking and increase the off-site shadow impacts of the building. WHEREAS, a complete application for approval of a major amendment to a Final Planned Unit Development (PUD) under Section 36-367 of the St. Louis Park, Ordinance Code was received on March 30, 2012 from the applicant, and WHEREAS, notice of a public hearing on the application was published in the St. Louis Park Sailor on March 22, 2012, and mailed to all owners of property within 350 feet of the subject property, and Resolution No. 12-062 -2- WHEREAS, the Planning Commission held the public hearing at the meeting of April 4, 2012, and recommended approval of the Major Amendment to the Final PUD, and WHEREAS, the City Council considered the information related to Planning Case Nos. 11 -27 -PUD and 12 -12 -PUD and the effect of the applications 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, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearings or otherwise including comments in the record of decision. WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 12-008, 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 11 -27 -PUD and 12 -12 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. 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 Northeasterly at right angles 166.30 feet; thence Southeasterly at nght 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 Nos. 11 -27 -PUD and 12 -12 -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 will it cause senous traffic congestion or hazards, nor Resolution No. 12-062 -3- 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 Nos. 11 -27 -PUD and 12 -12 -PUD are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Final Planned Unit Development for a 58 -unit apartment building at 3924 Excelsior Boulevard 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. The Official Exhibits shall include a Parking Management Plan. 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 minimum of -1-0g 109 parking spaces. d. A maximum building height of 60 feet. e. A maximum ground floor area ratio of -0730 0.29. f. A maximum floor area ratio of 2.1. g. A minimum front yard of 10 feet for the building and 4 feet for exterior stairs and ramps (from southerly property line along Excelsior Boulevard). h. A minimum side yard (from the easterly property line) of 30 feet. i. Any amendments to the e2 Parking Management Plan shall require the approval of City of St. Louis Park. 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 PUD. The development agreement shall address those issues which the City Council deems appropnate 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 at 3900 Excelsior Boulevard. 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. Resolution No. 12-062 -4- 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. Proof of Recording the Final Plat shall be submitted to the City. b. Building matenal samples and colors shall be submitted to the City for review. c. The assent form and official exhibits shall be signed by the applicant and owner. d. A preconstruction conference shall be held with the appropnate development, construction and City representatives. e. A staging plan for construction shall be filed with the City. f. 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. c. The Developer shall provide the required performance guarantee. 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 streets and neighboring 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. • • Resolution No. 12-062 -5- 7. Pnor 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. Extenor 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. 9. 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 descnbed as follows: 10. The Planned Unit Development shall be amended on April 16, 2012 to allow up to 65 bedrooms in the 58 -unit apartment building, subject to the preceding conditions and the following added conditions: a. The developer and owner shall sign the assent form and amended Official Exhibits. b. The site shall be developed, used and maintained in accordance with the Official Exhibits; such documents incorporated by reference herein. 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. The Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin ounty Register of Deeds or Registrar of Titles as the case may be. Review ministration: Adopted by th Council April 16, 2012 City Man Attest: City Clerk RESOLUTION NO. 12-062 Amends and Restates Resolution No. 12-008 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 12-008 AND APPROVING A MAJOR AMENDMENT TO THE FINAL PLANNED UNIT AT 3924 EXCELSIOR BOULEVARD FOR 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 Final 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, the Planning Commission reviewed the concept plans at the meeting of September 21, 2011, and WHEREAS, the Planning Commission held the public hearing after proper notice and publication at the meeting of November 16, 2011, and recommended approval of the Preliminary PUD, and WHEREAS, the City Council adopted Resolutions No. 11-141, 11-142, and 11-143 approving a Preliminary Plat with Variance, Side Yard and Rear Yard Variances, and Preliminary PUD respectively all relating to the subject property, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January 4, 2012, and recommended approval of the Final PUD, and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 12-008 of the St. Louis Park City Council dated January 17, 2012, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to the PUD conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, Bader Development made application to the City for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance to allow changes that increase the required parking and increase the off-site shadow impacts of the building. WHEREAS, a complete application for approval of a major amendment to a Final Planned Unit Development (PUD) under Section 36-367 of the St. Louis Park Ordinance Code was received on March 30, 2012 from the applicant, and WHEREAS, notice of a public hearing on the application was published in the St. Louis Park Sailor on March 22, 2012, and mailed to all owners of property within 350 feet of the subject property, and Resolution No. 12-062 -2- WHEREAS, the Planning Commission held the public hearing at the meeting of April 4, 2012, and recommended approval of the Major Amendment to the Final PUD, and WHEREAS, the City Council considered the information related to Planning Case Nos. 11 -27 -PUD and 12 -12 -PUD and the effect of the applications 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, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearings or otherwise including comments in the record of decision. WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 12-008, 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 11 -27 -PUD and 12 -12 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. 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 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 Nos. 11 -27 -PUD and 12 -12 -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 will it cause serious traffic congestion or hazards, nor • Resolution No. 12-062 -3- 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 Nos. 11 -27 -PUD and 12 -12 -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 for a 58 -unit apartment building at 3924 Excelsior Boulevard 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. The Official Exhibits shall include a Parking Management Plan. 2. The following requirements, as indicated in the official exhibits, shall apply to the PUD: 410 a. A maximum residential density of 75 units per acre. b. A maximum of 58 residential units. c. A minimum of -1-08 109 parking spaces. d. A maximum building height of 60 feet. e. A maximum ground floor area ratio of30 0.29. f. A maximum floor area ratio of 2.1. g. A minimum front yard of 10 feet for the building and 4 feet for exterior stairs and ramps (from southerly property line along Excelsior Boulevard). h. A minimum side yard (from the easterly property line) of 30 feet. i. Any amendments to the e2 Parking Management Plan shall require the approval of City of St. Louis Park. 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 PUD. 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 at 3900 Excelsior Boulevard. 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. Resolution No. 12-062 -4- 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 distnct 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. Proof of Recording the Final Plat shall be submitted to the City. b. Building material samples and colors shall be submitted to the City for review. c. The assent form and official exhibits shall be signed by the applicant and owner. d. A preconstruction conference shall be held with the appropriate development, construction and City representatives. e. A staging plan for construction shall be filed with the City. f. 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. c. The Developer shall provide the required performance guarantee. 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 streets and neighboring 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. Resolution No. 12-062 -5- 7. Prior to the issuance of a certificate of occupancy the following shall be completed: 0 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. 9. 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: 10. The Planned Unit Development shall be amended on April 16, 2012 to allow up to 65 bedrooms in the 58 -unit apartment building, subject to the preceding conditions and the following added conditions: . a. The developer and owner shall sign the assent form and amended Official Exhibits. b. The site shall be developed, used and maintained in accordance with the Official Exhibits; such documents incorporated by reference herein. 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. The Clerk is instructed to record certified copies of this resolution in the Office of the He epin . ounty Register of Deeds or Registrar of Titles as the case may be. Reviewe ministration: City Man Attest: City Clerk Adopted by the Council April 16, 2012 • Ma I 11111111 III III III Doc No T4957218 Certified, filed and/or recorded on 5/21/12 2 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V Chapin, County Auditor and Treasurer Deputy 58 Pkg ID 806928M Doc Name: Resolution N0. la - 6& 2..., Document Recording Fee $46 00 Multiple Certificates Affected $20 00 Fee Document Total $66 00 Existing Certs 1314326 1332250 This cover sheet is now a permanent part of the recorded document New Certs • • e CITY OF ST. LOUIS PARK 0113,6 )335o 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: 1 "CITY COUNCIL RESOLUTION" The attached is a full, true and correct copy of the original Resolution No. 12-062 adopted April 16, 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 Saudi City Clerk Date: May 15, 2012