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HomeMy WebLinkAbout15-053 - ADMIN Resolution - City Council - 2015/04/06RESOLUTION NO. 15-053 RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) AND RESCINDING CERTAIN PREVIOUS RESOLUTIONS APPROVING SPECIAL (CONDITIONAL) USE PERMIT AND PRELIMINARY PLAT CENTRAL PARK WEST 1511 UTICA AVENUE SOUTH WHEREAS, DLC Residential LLC and Duke Realty LP submitted an application for approval of a Final Planned Unit Development (PUD) under Section 36-367 of the zoning code, and WHEREAS, a special (conditional) use permit was granted to allow a daycare facility on the subject property by the City of St. Louis Park by City Council Resolution No. 92-197 dated December 21, 1992, recorded January 7, 1993, as Document No 2332823, and said use has since ceased; and WHEREAS, a subdivision vanance and preliminary plat of The Towers At West End for the subject property was approved by the City of St. Louis Park by City Council Resolution No. 09-045, dated March 3, 2009, recorded, March 18, 2009, as Document No. 4622891, and the final plat of The Towers At West End will not be pursued; and WHEREAS, the subject property is located within the 0 — Office zoning distnct; and WHEREAS, two proposed future office buildings that will exceed intensity class 6 under Zoning Code Section 36-115, Table 36-115C and are permitted by conditional use permit. The proposal meets, or is able to meet, all the Office distnct conditions and said conditional use permit(s) shall be deemed granted upon Final PUD approval of the future office uses; and WHEREAS, the proposed hotel use reties upon off-site parking. Off-site parking is allowed with a conditional use permit. Said conditional use permit for off-site parking shall be deemed granted upon Final PUD approval; and WHEREAS, the proposed multiple -family residential buildings are allowed with a PUD and the proposal meets all the Office distnct conditions, and WHEREAS, notice of a public hearing on the PUD was mailed to all owners of property within 350 feet of the subject property; and WHEREAS, notice of public heanng on the PUD was published in the St. Louis Park Sailor on November 6, 2014; and WHEREAS, the Planning Commission held the public heanng at the meeting of November 19, 2014; and WHEREAS, the Planning Commission recommended approval of the Final PUD with all members present voting in the affirmative; and Resolution No. 15-053 -2- WHEREAS, the City Council has considered the staff report, 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. DLC Residential LLC and Duke Realty LP have made application to the City Council for a final Planned Unit Development under Section 36-367 of the St Louis Park Ordinance Code within the 0 - Office District located at 1511 Utica Avenue South for the legal descnption as follows, to -wit: Outlot A, THE SHOPS AT WEST END, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14 -24 -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 detnmental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious 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. Reduction in all yard (setback) requirements. b. Increase the height limit from 45 feet to 66 feet for the proposed hotel building on Lot 3, Block 1, of the proposed Central Park West Addition. c. Increase the residential density from 50 dwelling units per acre to 57.5 units per acre on Lot 1, Block 1, of the proposed Central Park West Addition. d. Increase the residential density from 50 dwelling units per acre to 98.8 units per acre on Lot 2, Block 1, of the proposed Central Park West Addition. e. Increase the floor area ratio from 1.5 to 2.39 on Lot 2, Block 1, of the proposed Central Park West Addition. f. Increase the floor area ratio for the future office from 1.5 to 2.31 on Outlot A of the proposed Central Park West Addition. 4. The contents of Planning Case File 14 -24 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The City Council hereby rescinds Resolution No. 92-197 by the City of St. Louis Park granting a special (conditional) use for a daycare facility dated December 21, 1992, recorded January 7, 1993, as Document No. 2332823; and The City Council hereby rescinds Resolution No. 09-045 granted by the City of St Louis Park approving a subdivision vanance and approving the preliminary plat of The Towers and West End, dated March 3, 2009, recorded, March 18, 2009, as Document No. 4622891; and The City Council hereby approves the Final Planned Unit Development and modifications at the location descnbed based on the findings set forth above and subject to the following conditions: Resolution No. 15-053 -3- 1 City of Golden Valley approval of that portion of the final planned unit development within its jurisdiction is required. 2. Development of Lot 3, Block 1, Central Park West P.U.D No 121 (future hotel site) and Outlot A, Central Park West P.U.D. No. 121 (future office site) shall require a major amendment to the Final PUD. 3. Prior to starting any land disturbing activities, the following conditions shall be met. a. Proof of recording the final plat shall be submitted to the City. b. Assent Form and Official Exhibits must be signed by Central Park West, LLC, the assignee of the applicant and the property owner. c. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. d All necessary permits must be obtained 4. Prior to issuance of building permits, the following conditions shall be met. a. The owner shall sign the City's Assent Form and the Official Exhibits. b. The City shall collect the remaining 50% of the Traffic Management Fee for that particular building for which the permits are being issued. c. A Planning Development Contract shall be executed between the Developer and City that addresses, at a minimum: 1. The conditions of PUD approval as applicable or appropriate. 2. Public use and ingress/egress across the pnvately-owned and pnvately-maintained gathenng space on Lot 1 of the development. 3. Maintenance agreement for pnvate maintenance of the streetscaping improvements in the median of Utica Avenue South, public boulevard adjacent to the site, and the civic space improvements. 4. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 125% of the costs of all public improvements (street, sidewalks, utility, street lights, landscaping, etc.), placement of iron monuments at the property corners, and the pnvate site stormwater management system and landscaping 5. PUD plan revisions that may be approved administratively by the City may be set forth in the Planning Development Contract. 6. The developer shall reimburse City attorney's fees in drafting/reviewing such documents as required in the final PUD approval. 7 Agreement for the Developer to contribute $180,000.00 for public art and to cooperate with the City on a public process to select public art locations, artist(s), and artwork for the site. The Mayor and City Manager are authonzed to execute said Planning Development Contract and other necessary documents related to this resolution. d. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. e. Vacation of any public and pnvate easements conflicting with the work is required. f. Evidence of recording a permanent parking agreement for the future hotel on Lot 3, Central Park West P.U.D. No. 121 to use Outlot A, Central Park West P.U.D. No. 121 and the future office parking ramps for the hotel's deficit of required parking spaces shall be submitted to the City of St. Louis Park. Said agreement shall be in a form approved by the City Attorney. g. Building material samples and colors must be submitted to the City for review 5. The developer shall comply with the following conditions during construction °go ui Resolution No. 15-053 -4- 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. Monday through Fnday, and between 10 p.m and 9 a.m. on weekends. 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. e. Work in a public street shall take place only upon the determination by the Director of Engineering (or designee) that appropnate safety measures have been taken to ensure motorist and pedestrian safety. 6 Prior to the issuance of any permanent certificate of occupancy permit the following shall be completed. a. Public improvements and private site landscaping and irrigation shall be installed in accordance with the Official Exhibits. 7. All utilities shall be buned underground 8 The property owner of any parcel in Central Park West PUD shall follow and effectuate the travel demand management plans which will serve to reduce traffic congestion. 9. The Developer shall abide by the City's water use restrictions and follow state requirements for low -flow structures After Phases 1 and 2 of the redevelopment, water usage shall be monitored. If capacity is exceeding 90% peak capacity, the City and the Developer shall cooperate to identify city-wide and project -specific measures to first and foremost reduce consumption and if needed to increase capacity. 10. All mechanical equipment shall be fully screened. 11. The materials used in and placement of all signs shall be integrated with the building design and architecture. 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 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 upon final PUD approval. Reviewed for Administration: Ado ted by the City Council Apnl 6, 2015 Mayo Existing Certs 1396934 11 11 11 1 1 1 1 1 ilii 1 1 Doc No T05247811 11 lull Certified, filed and/or recorded on Apr 15, 2015 9 35 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 113 Doc Name Resolution /5-053 Attested Copy or Duplicate Original Document Recording Fee Pkg ID 1228489C $4 00 $46 00 Document Total $50 00 R CEn 1 L . � � r 2015 q�C A7 '1, 1 r3 5 Lib' Elf;wf Li I This cover sheet is now a permanent part of the recorded document CITY OF ST. LOUIS PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-284(1 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 coriect copy uI the original Resolution No. 15-053 adopted April 6, 2015 and on the 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 Me is ' Kennedy City Clerk Date April 14, 2015 KU'.SULU 11UIN INU. RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) AND RESCINDING CERTAIN PREVIOUS RESOLUTIONS APPROVING SPECIAL (CONDITIONAL) USE PERMIT AND PRELIMINARY PLAT CENTRAL PARK WEST 1511 UTICA AVENUE SOUTH WHEREAS, DLC Residential LLC and Duke Realty LP submitted an application fol approval of a Final Planned Unit Development (PUD) under Section 36-367 of the zoning code, and WHEREAS, a special (conditional) use permit was granted to allow a daycare facility on the subject property by the City of St Louis Park by City Council Resolution No 92-197 dated December 21, 1992, recorded January 7, 1993, as Document No 2332823, and said use has since ceased, and WHEREAS, a subdivision variance and preliminaiy plat of The Towels At West End for the subject property was approved by the City of St Louis Park by City Council Resolution No 09-045, dated March 3, 2009, recorded, March 18, 2009, as Document No 4622891, and the final plat of The Towers At West End will not be pursued, and WHEREAS, the subject property is located within the 0 — Office zoning district, and WHEREAS, two proposed future olliee buildings that will exceed intensity class 6 under Zoning Code Section 36-115, Table 36-1 15C and arc permitted by conditional use permit The proposal meets, or is able to meet, all the Office district conditions and said conditional use peimit(s) shall be deemed granted upon Final PUL) approval of the future office uses, and WHEREAS, the proposed hotel use relies upon off-site parking. Off-site parking is allowed with a conditional use permit Said conditional use permit for off-site parking shall be deemed granted upon Final PUD approval; and WHEREAS, the proposed multiple -family residential buildings are allowed with a PUD and the proposal meets all the Office district conditions, and WHEREAS, notice of a public hearing on the PUD was mailed to all owners of property within 350 feet of the subject property; and WHEREAS, notice of public hearing on the PUD was published in the St. Louis Park Sailor on November 6, 2014; and WHEREAS, the Planning Commission held the public hearing at the meeting of November 19, 2014; and WHEREAS, the Planning Commission recommended approval of the Final PUD with all members present voting in the affirmative; and ic.esuiuuon 1\1o. iD-v)s -L- WHEREAS, the City Council has considered the stall report, Planning Commission minutes and testimony of those appealing at the public hearing or otherwise including comments m the record of decision BE IT RESOLVED BY the City Council of the City of St Lotus Park. Findings 1. DLC Residential LLC and Duke Realty LP have made application to the City Council for a final Planned Unit Development under Section 36-367 of the St Louis Park Ordinance Code within the 0 - Office District located at 1511 Utica Avenue South for the legal description as follows, to -wit: Outlot A, THE SHOPS AT WEST END, I-lennepin County, Minnesota 2. Thc City Council has considered the advice and recommendation of the Planning Commission (Case No 14 -24 -PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated baffle 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 detnmental to the health, safety, or general welfare of the community not with certain contemplated traffic improvements will it cause serious traffic congestion or hazards, nor will it seriously depreciate surrounding property values. Thc 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. Reduction in all yard (setback) requirements. b Increase the height limit from 45 feet to 66 feet for the proposed hotel building on Lot 3, Block 1, of the proposed Central Park West Addition e Increase the residential density fiom 50 dwelling units per acre to 57 5 units per acre on Lot 1, Block 1, of the proposed Central Park West Addition d. Increase the residential density from 50 dwelling units per acre to 98 8 units per acre on Lot 2, Block 1, of the proposed Central Park West Addition e. Increase the floor area ratio from 1.5 to 2 39 on Lot 2, Block 1, of the proposed Central Park West Addition. f. Increase the floor area ratio for the future office from I.5 to 2 31 on Outlot A of the proposed Central Park West Addition 4 The contents of Planning Case File 14 -24 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The City Council hereby rescinds Resolution No 92-197 by the City of St. Louis Park granting a special (conditional) use for a daycare facility dated December 21, 1992, recorded January 7, 1993, as Document No 2332823; and The City Council hereby rescinds Resolution No. 09-045 gi anted by the City of St Louis Park approving a subdivision variance and approving the preliminary plat of The Towers and West End, dated March 3, 2009, recorded, March 18, 2009, as Document No, 4622891, and The City Council hereby approves the Final Planned Unit Development and modifications at the location described based on the findings set forth above and subject to the following conditions 1 City of Golden Valley approval of that portion of thc final planned unit development within its jurisdiction rs required. 2. Development of Lot 3, Block 1, Centtal Park West P.U.D, No. 121 (future hotel site) and Outlot A, Central Park West P.0 D No 121 (future office site) shall require a mayor amendment to the Final PUD. 3. Prior to starting any land disturbing activities, the following conditions shall be met. a. Proof of recording the final plat shall be submitted to the City. b. Assent Form and Official Exhibits must be signed by Central Park West, LLC, the assignee of the applicant and the pi operty owner c A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. d All necessary permits must be obtained. 4 Prior to issuance of building permits, the following conditions shall be met. a. The owner shall sign the City's Assent Form and the Official Exhibits b. The City shall collect the remaining 50% of thc Traffic Management Fee for that particular building for which the permits are being issued, c. A Planning Development Contract shall be executed between the Developer and City that addresses, at a minimum: 1. The conditions of PUD approval as applicable or appropriate 2. Public use and ingress/egress across the privately -owned and pnvately-maintained gathering space on Lot 1 of the development 3 Maintenance agreement for private maintenance of the streetscaping impiovements in the median of Utica Avenue South, public boulevard adjacent to the site, and the civic space improvements. 4. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 125% of the costs of all public improvements (street, sidewalks, utility, street lights, landscaping, etc.), placement of iron monuments at the property corners, and the private site stonnwater management system and landscaping 5. PhD plan revisions that may be approved administratively by the City may be set forth in the Planning Development Contract. 6. The developer shall reimburse City attorney's fees in diaftrng/reviewing such documents as required in the final PUD approval 7. Agreement for the Developer to contribute $180,000 00 foi public art and to cooperate with the City on a public process to select public art locations, artist(s), and artwork for the site The Mayor and City Manager arc authorized to execute said Planning Development Contract and other necessary documents related to this resolution. d Final construction plans for all public improvements shall be signed by a registered engineer and submitted to thc City Engineer for review and approval. e Vacation of any public and private easements conflicting with the work is required f. Evidence of recording a permanent parking agreement for the future hotel on Lot 3, Central Park West P.U.D No. 121 to use Outlot A, Central Park West P LI D No. 121 and the future office parking ramps for the hotel's deficit of required parking spaces shall be submitted to the City of St Louis Park Said agreement shall be in a form approved by the City Attorney g Building material samples and colors must be submitted to the City for review 5. The developer shall comply with the following conditions dunng construction • s Kcsoiutron No 15-tl�.i -4- a. All City noise ordinances shall be complied witli, including that there be no construction activity between the hours of 10 p m and 7 a m Monday through Friday, and between 10 p m. and 9 a m. on weekends. b The site shall be kept fi-ce of dust and debris that could blow onto neighbor hood 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 prioi to any work in a public street. e. Work in a public street shall take place only upon the determination by the Director of Engineering (or designee) that appiopriatc safety measures have been taken to ensure motorist and pedestrian safety 6 Prior to the issuance of any permanent certificate of occupancy permit the following shall be completed: a. Public improvements and private site landscaping and irrigation shall be installed in accordance with the Official Exhibits. 7 All utilities shall be buried underground 8 The property owner of any parcel in Central Park West PUD shall follow and effectuate the tiavcl demand management plans which will serve to reduce traffic congestion. 9 The Developer shall abide by the City's water use restrictions and follow state requirements for low -flow structures After Phases 1 and 2 of the redevelopment, water usage shall be monitored. If capacity is exceeding 90% peak capacity, the City and the Developer shall cooperate to identify city-wide and project -specific measures to first and foremost reduce consumption and if needed to increase capacity. 10 All mechanical equipment shall be fully screened 11. The materials used in and placement of all signs shall be integrated with the building design and architecture. In addition to any other remedies, the developer of 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 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 upon final PUD approval. Reviewed foi Administration. Ado led by the City Council Apnl 6, 2015 OQDLeh/ Ci Manag- Mayo Attest (,e -ay