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HomeMy WebLinkAbout15-010 - ADMIN Resolution - City Council - 2015/01/20RESOLUTION NO.15-010 Amends and Restates Resolution No. 07-088 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 07-088 ADOPTED ON AUGUST 20, 2007 APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A SIDE SETBACK OF 18 FEET FOR AN EXISTING TRASH ROOM FOR PROPERTY ZONED O -OFFICE LOCATED AT 5305 WAYZATA BOULEVARD 'WHEREAS, TPI Hospitality 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 a side setback of 18 feet for an existing trash room on the northeast side of the property instead of the previously approved 25 feet, at 5305 Wayzata Boulevard within the O -Office Zoning District having the following legal description: Lot 1, Block 1, HSSLP Addition, Hennepin County, Minnesota, together with appurtenant easement(s) for ingress, egress and parking purposes contained in Document No. 4533917. ' Being registered land as is evidenced by Certificate of Title No. 1228183. WHEREAS, the City Council has considered the information related to Planning Case No. 14 -27 -PUD and the effect of the setback 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 Preliminary and Final PUD was approved regarding the subject property pursuant to Resolution No. 07-088 of the St. Louis Park City Council dated August 20, 2007 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. 07-088, 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 07 -27 -PUD and 14 -27 -PUD are hereby entered into and made part of the public heanng and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 07-088 (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 a side setback of 18 feet for an existing trash room on the northeast side of the property instead of the previously Resolution No. 15-010 -2- approved 25 feet within the O -Office Zoning Distnct at the location descnbed above based on 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 appropnate development, construction and City representatives. b. Stormwater design details shall be submitted to and approved by the Public Works Director. c. Assent form and official exhibits must be signed by applicant and owner. d. All necessary permits must be obtained. e. 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 pnor to grading activities. 2. Prior to the issuance of a building permit, the following conditions shall be met: a. To ensure construction of the landscaping, other required public improvements, and the installation of the sculptural element, an irrevocable financial guarantee shall be provided in the amount of 125% of the cost of the landscaping matenals, public improvements and the sculptural element. b. The shared parking easement agreement as approved by the City Attorney and filed with the County. Venfication shall be provided to the City that the document has been filed with the County. c. A Traffic Demand Management Fee of $0.10 per gross square foot of new construction, for a total of $10,472.80, shall be paid. d. A Park Dedication Fee of $333,610.00 shall be paid. e. Demonstrable progress shall be made toward the completion of a public easement for public access along the full length of the 25 foot wide north -south access dnve connecting Wayzata Boulevard to the property south of 5353 Wayzata Boulevard. Said access dnve is located approximately 40 feet west of the west entrance to the proposed hotel, as indicated on the official exhibits. f. The preliminary and final plat of Hilton Homewood Suites shall be signed by the City and released to the County for filing. 3. The developer shall comply with the following conditions dunng 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 debns that could blow onto neighbonng properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. 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 appropnate safety measures have been taken to ensure motorist and pedestnan safety. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 4. Pnor to the issuance of any temporary or permanent occupancy permit the following shall be completed: Resolution No. 15-010 -3- 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. As -built drawings of any relocated or modified public utilities, streets or curbs shall be submitted to and approved by the Public Works Department. e. A maintenance plan for the on-going maintenance of the stormwater system shall be submitted to and approved by the Public Works Department. f. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. g A public easement for public access along the full length of the 25 foot wide north -south access drive connecting Wayzata Boulevard to the property south of 5353 Wayzata Boulevard as approved by the City Attorney and filed with the County. Said access dnve is located approximately 40 feet west of the west entrance to the proposed hotel, as indicated on the official exhibits. 5. Landscaping alternatives approved include a 1,625 square foot green roof on a portion of the hotel development and a sculpture element on the hotel site. Both alternatives shall be indicated on the official site plans and must remain in good repair. 6. The installation of signage shall be in compliance with the Zoning Code. Signage shall require a separate Sign Permit. 7. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 8. All utility lines must be placed underground. 9. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. 10. No on-site snow storage shall be permitted. Snow shall be plowed and removed from the site any time a snowfall of 2" or greater occurs. 11. To ensure pedestrian 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. 12 For purposes of compliance with the PUD and Transit reductions to required off-street parking, at such a time as determined by the City, the property owner shall provide to the City at no cost an easement for the permanent construction of a transit shelter along Wayzata Boulevard on the northwest side of the site Said transit shelter easement shall be no greater than 25 feet in width along Wayzata Boulevard and shall not encroach upon the existing off-street parking lot. Said transit shelter easement and construction may result in the displacement of required landscaping matenals or trees, but without penalty to the property owner. Resolution No. 15-010 -4- 13. The Planned Unit Development shall be amended on January 20, 2015 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used, and maintained in conformance with the Official Exhibits. 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. Approval of a Building Permit, which may impose additional requirements. The ( ity Hennepin erk is instructed to record certified copies of this resolution in the Office of the ounty Register of Deeds or Registrar of Titles as the case may be. Reviewe or dministration ?i. TIF ge City M Attest: Adopted by the City Council January 20, 2015 L _. 1/ l Mayor • • • • Existing Certs 1228183 • Deputy 84 Doc Name iiHii m iii lUl Hill flI IHI IU IllI flH llI Doc No T05238903 Certified, filed and/or recorded on Mar 5, 2015 10 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Pkg ID 1213890M Resolution 15-6 IV Document Recording Fee $46 00 Document Total $46 00 F--- ESV,EVLD MAR 2 3 2015 !OF ';72 OF THE CFJTY CLERK This cover sheet is now a permanent part of the recorded document • CITY OF ST. LOUIS PARK • o 171256\so: 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 onginal_ Resolution No. 15-010 adopted January 20, 2015 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 Kay Mi. :a Deputy ' ity Clerk Date: February 23, 2015 (• RESOLUTION NO.15-010 Amends and Restates Resolution No. 07-088 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 07-088 ADOPTED ON AUGUST 20, 2007 APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A SIDE SETBACK OF 18 FEET FOR AN EXISTING TRASH ROOM FOR PROPERTY ZONED O -OFFICE LOCATED AT 5305 WAYZATA BOULEVARD WHEREAS, TPI Hospitality 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 a side setback of 18 feet for an existing trash room on the northeast side of the property instead of the previously approved 25 feet, at 5305 Wayzata Boulevard within the O -Office Zoning District having the following legal description: Lot 1, Block 1, HSSLP Addition, Hennepin County, Minnesota, together with appurtenant easement(s) for ingress, egress and parking purposes contained in Document No. 4533917. Being registered land as is evidenced by Certificate of Title No. 1228183. WHEREAS, the City Council has considered the information related to Planning Case No. 14 -27 -PUD and the effect of the setback 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 Preliminary and Final PUD was approved regarding the subject property pursuant to Resolution No. 07-088 of the St. Louis Park City Council dated August 20, 2007 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. 07-088, 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 07 -27 -PUD and 14 -27 -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. 07-088 (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 a side setback of 18 feet for an existing trash room on the northeast side of the property instead of the previously Resolution No. 15-010 -2- approved 25 feet within the O -Office Zoning Distnct at the location descnbed above based on • 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. Stormwater design details shall be submitted to and approved by the Public Works Director. c. Assent form and official exhibits must be signed by applicant and owner. d. All necessary permits must be obtained. e. 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 ensure construction of the landscaping, other required public improvements, and the installation of the sculptural element, an irrevocable financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials, public improvements and the sculptural element. b. The shared parking easement agreement as approved by the City Attorney and filed with the County. Verification shall be provided to the City that the document has been filed with the County. c. A Traffic Demand Management Fee of $0.10 per gross square foot of new construction, for a total of $10,472.80, shall be paid d. A Park Dedication Fee of $333,610.00 shall be paid. e. Demonstrable progress shall be made toward the completion of a public easement for public access along the full length of the 25 foot wide north -south access dnve connecting Wayzata Boulevard to the property south of 5353 Wayzata Boulevard. Said access drive is located approximately 40 feet west of the west entrance to the proposed hotel, as indicated on the official exhibits. f. The preliminary and final plat of Hilton Homewood Suites shall be signed by the City and released to the County for filing. 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 debns that could blow onto neighboring properties. d. Public streets shall be maintained fres of dirt and shall be cleaned as necessary. e. 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 appropnate safety measures have been taken to ensure motonst and pedestrian safety. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 4. Pnor to the issuance of any temporary or permanent occupancy permit the following shall be completed: Resolution No. 15-010 -3- a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and imgation 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. As -built drawings of any relocated or modified public utilities, streets or curbs shall be submitted to and approved by the Public Works Department. e. A maintenance plan for the on-going maintenance of the stormwater system shall be submitted to and approved by the Public Works Department. f. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. g. A public easement for public access along the full length of the 25 foot wide north -south access dnve connecting Wayzata Boulevard to the property south of 5353 Wayzata Boulevard as approved by the City Attorney and filed with the County. Said access dnve is located approximately 40 feet west of the west entrance to the proposed hotel, as indicated on the official exhibits 5. Landscaping alternatives approved include a 1,625 square foot green roof on a portion of the hotel development and a sculpture element on the hotel site. Both alternatives shall be indicated on the official site plans and must remain in good repair. 6. The installation of signage shall be in compliance with the Zoning Code. Signage shall require a separate Sign Permit. 7. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 8. All utility lines must be placed underground. 9. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. 10. No on-site snow storage shall be permitted. Snow shall be plowed and removed from the site any time a snowfall of 2" or greater occurs. 11. To ensure pedestrian 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. 12 For purposes of compliance with the PUD and Transit reductions to required off-street parking, at such a time as determined by the City, the property owner shall provide to the City at no cost an easement for the permanent construction of a transit shelter along Wayzata Boulevard on the northwest side of the site. Said transit shelter easement shall be no greater than 25 feet in width along Wayzata Boulevard and shall not encroach upon the existing off-street parking lot. Said transit shelter easement and construction may result in the displacement of required landscaping materials or trees, but without penalty to the property owner. • • Resolution No 15-010 -4- 13. The Planned Unit Development shall be amended on January 20, 2015 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used, and maintained in conformance with the Official Exhibits. 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) pnor to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. The ( ity Hennepin erk is instructed to record certified copies of this resolution in the Office of the ounty Register of Deeds or Registrar of Titles as the case may be Reviewe 4 or ' dministration ,r1L 1111!l1\ City M Attest. Adopted by the City Council January 20, 2015 / 4 Mayof `'