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HomeMy WebLinkAbout15-126 - ADMIN Resolution - City Council - 2015/09/08• RESOLUTION NO. 15-126 RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 4760 AND 4900 EXCELSIOR BOULEVARD WHEREAS, Oppidan Development submitted an application for approval of a Preliminary Planned Unit Development (PUD); and WHEREAS, the Comprehensive Plan guides the site for Mixed Use development; and WHEREAS, the subject property is located within the M -X Mixed Use and R -C High Density Multiple Family zoning districts; and WHEREAS, the proposed mixed-use development includes 28,228 square feet of commercial space and 176 dwelling units is consistent with the designations, and the proposed density may be allowed with a PUD; and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on April 2, 2015; and 4110 WHEREAS, the Planning Commission held the public hearing at the meeting of April 15, 2015; and WHEREAS, the Planning Commission recommended denial of the Preliminary PUD; on a 4-0 vote, and WHEREAS, the applicant subsequently made revisions to the plan to address concerns raised by the Planning Commission; and WHEREAS, the City Council tabled action on the Preliminary PUD on May 18, 2015; and WHEREAS, the City Council discussed iterations of the plan at its June 10, 2015, and August 17, 2015, study sessions, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision BE IT RESOLVED BY the City Council of the City of St. Louis Park. Findings 1. Oppidan Development has made application to the City Council for a Preliminary Planned Unit Development located at 4760 and 4900 Excelsior Boulevard for the legal description as follows, to -wit: Resolution No 15-126 -2- Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota. And: Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet Northeasterly from its intersection with the Westerly line of the Northeast Quarter of the Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota; thence Northwesterly at right angles from the center line of said Excelsior Avenue a distance of 310.0 feet, thence Northeasterly along a line parallel to said center line to the most Westerly comer of Registered Land Survey No. 832, thence Southeasterly along the Westerly line of said Registered Land Survey and its extension Southeasterly to the center line of Excelsior Avenue, thence Southwesterly along said center line to the place of beginning; all in said Section 7, Township 28, Range 24, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -04 -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 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. 4. The contents of Planning Case File 15 -04 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The plans must receive approval of the Final PUD ordinance by the City Council. 2. The site shall be developed, used and maintained in accordance with the PUD ordinance, Official Exhibits, Development Agreement and City Code. 3 The Final PUD application submission shall include the following information for City review: A A permanent agreement for shared parking to be reviewed and approved by the City Attorney as to form. B. A parking management plan for the site for City review and approval. C. Additional detail regarding the structural soils to be specified for the landscaped areas, and a planting schedule that clearly lists the species, sizes and quantities of proposed plantings shall be included in the Final PUD landscaping plans for City review. D. A more detailed preliminary floor plan, for the grocery store tenant, including the liquor store component with floor area calculations provided. E More details regarding the proposed hours of operation for the grocery store, liquor store, loading dock, trash and recycling pick-up, and snow removal/hauling Resolution No 15-126 -3- F. Locations of any trash chutes in the building and specify that recycling chute are also provided. G. Specifications, locations and counts for bicycle parking that are in compliance with City Code. H Distances from property lines to the staircases, decks, and walls on the site Overhangs should be labeled and shown as dashed lines on civil and architectural site plans I. Location and details of screening for any above ground utility structures. J. Preliminary sign plan indicating the general locations, sizes and any illumination proposed with the signs. K Preliminary specifications showing location, number and type of large potted planters, benches, and outdoor seating (tables and chairs) proposed in concept plans for Excelsior Boulevard L Specifications for the streetlights along Excelsior Boulevard that are consistent with the City's Excelsior Boulevard special services district 4 Prior to starting any land disturbing activities (excluding building demolition), 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 the applicant and 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. 5. Prior to issuance of building permits, the following conditions shall be met A The developer shall sign the City's Assent Form and the Official Exhibits. B. A development agreement shall be executed between the Developer and City that addresses, at a minimum: 1. The conditions of PUD approval as applicable or appropriate. 2 Participation by the property owner in the special service district relating to maintenance of streetscape improvement within the public right-of-way along Excelsior Boulevard. 3. Installation and on-going maintenance at Developer's expense of on -street loading and streetscape improvements along all public streets adjacent to the site. Final plans for said improvements shall be submitted to the City Engineer for review and approval prior to construction 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 stormwater management system and landscaping 5 The City and developer shall enter into an encroachment agreement that assigns to the property owner the responsibility and costs for removing decks and stairs located upon or above public easements and other related costs for public use and maintenance of the easements. 6. The developer shall reimburse City attorney's fees in drafting/reviewing such documents as required in the final PUD approval. C Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval D. Building material samples and colors must be submitted to the City for review. Resolution No. 15-126 -4- 6. 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. Monday through Friday, and between 10 p.m. and 9 a.m on weekends No construction activity shall occur on Sundays and holidays. Limited exceptions to these construction hours may be permitted if the City issues a noise permit. 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 appropriate safety measures have been taken to ensure motorist and pedestrian safety. F. The developer and general contractor shall implement and enforce a parking plan for construction equipment and vehicles, and construction workers' vehicles, which minimizes or eliminates parking in surrounding residential neighborhoods G. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site All gates and access points shall be locked during non -working hours. H Temporary electric power connections shall not adversely impact surrounding neighborhood service. I Pedestrian access along Excelsior Boulevard and to the existing bus stop shall be maintained during construction. Any expected disruptions shall be limited in duration and scope, and communicated to the City, County, and Metropolitan Transit well in advance. 7. Prior to the issuance of any permanent certificate of occupancy, public improvements and private site landscaping and irrigation shall be installed in accordance with the Official Exhibits. 8 All private utility service connections shall be buried underground 9. All mechanical equipment shall be fully screened. 10. 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 Pur t to the Zoning Ordinance, the City will require execution of a development agreement as a c nditi 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 fit• execute the development agreement upon Final PUD approval. Revie -d ministration City Ado= • the City Council September 8, 2015 Mayor