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Home My WebLink About13-047 - ADMIN Resolution - City Council - 2013/03/18RESOLUTION NO. 13-047 RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT III (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED R-4 MULTIPLE FAMILY RESIDENCE LOCATED AT 6800 CEDAR LAKE ROAD WHEREAS, a complete application for approval of a Preliminary Planned Unit Development (PUD) was received on January 22, 2013, from the applicant, 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 plus other affected property owners in the vicinity, and WHEREAS, the Planning Commission reviewed the Preliminary PUD at the meeting of February 20, 2013, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on February 7, 2013, and WHEREAS, the Planning Commission opened the public hearing at the meeting of February 20, 2013, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 4-0 vote with all members present voting in the affirmative, 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. Eliot Park Apartments, LLC has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the R4 — Multiple Family_Residence district located at 6800 Cedar Lake Road for the legal description as follows, to -wit: (Area to be Platted as Lot 1, Block 1, Eliot Park Apartments) Those parts of the following described property: Lots 5 to 27 inclusive, Richmond 3rd Addition, including vacated 22nd Street and that part of Section 8, Township 117, Range 21, described as commencing at a point on East line of West Half of Northeast Quarter, distant 534 feet South from Northeast corner thereof; thence westerly, along a line drawn to the Northeast corner of Lot 19 said Richmond 3rd Addition, to the westerly line of Hampshire Avenue South and the point of beginning of the parcel to be described; thence West to the Northeast corner of said Lot 19; thence South along said addition to the northwesterly line of Cedar Lake Road; thence Northeasterly, along said northwesterly line, to the westerly line of Hampshire Avenue South; thence northerly to the point of beginning and there terminating. Which lie southerly of the following described line: Resolution No. 13-047 -2- Commencing at the northwest corner of Lot 28, said Richmond 3rd Addition; thence southerly on an assumed bearing of South 0 degrees 46 minutes 08 seconds East, along the westerly lines of Lots 28 and 27 said Richmond 3rd Addition, a distance of 60.03 feet to the point of beginning of the line to be described; thence South 89 degrees 05 minutes 17 seconds East a distance of 135.50 feet; thence South 00 degrees 46 minutes 08 seconds East a distance of 40.02 feet; thence South 89 degrees 05 minutes 17 seconds East a distance of 135.50 feet to the easterly line of Lot 5 said Richmond 3rd Addition and said line there terminating. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13 -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 and that the requested modifications comply with the requirements of Section 36-367(b)(5). The specific modifications include: a. Increased residential density from 30 units per acre to 36.5 units per acre b. Increased Floor Area Ratio from 0.70 to 0.90 c. Increased building height to allow a portion of the South Building to be 47 feet tall d. Increased building height to allow a portion of the North Building to be 42.5 feet tall e. Reduced front yard (south side) to 25 feet f. Reduced side yard (east side) to 19 feet for the North Building g. Reduced side yard (east side) to 24 feet for the South Building h. Reduced side yard (west side) to 18 feet for the North Building i. Reduced side yard (west side) to 14 feet for the South Building j. Allowing two principal buildings on a lot 4. The contents of Planning Case File 13 -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 final development plan for the PUD shall be submitted for approval within 90 days after the City Council approval of the Preliminary PUD approval unless a written request for a time extension is submitted by the applicant and approved by the City Council. 2. A public access easement in a form approved by the City Attorney to formalize public access to the private play area. 3. The plans shall be revised to provide a less abrupt transition from the new sidewalk location to the existing sidewalk location on the north side of the site along Idaho Avenue. • • • Resolution No. 13-047 -3- 4. The plans shall be revised to provide a minimum five feet wide landscape boulevard • between the street curb and sidewalk along Cedar Lake Road, which will cause the public sidewalk to extend into private property. An easement shall be provided to allow public ingress, egress and maintenance of the public sidewalk. 5. The plans shall be revised to provide a five feet wide landscape boulevard along Idaho Avenue in the vicinity of the storm water pond. 6. The grading plan shall be amended to eliminate the steep slopes of the storm water pond immediately adjacent to public sidewalks. 7. The site shall be developed, used and maintained in conformance with the Official Exhibits. 8. 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 and construction documents conform to the requirements of the City Code of Ordinances and City policies. c. The developer shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk installation, repair/cleaning of public streets/utilities, landscaping, and designed outdoor recreation area features. d. The City and developer shall enter into a planning development agreement. 9. Prior to starting any land disturbing activities (excluding building demolition), the following conditions shall be met: a. Proof of recording the final plat shall submitted to the City. b. Building material samples and colors must be submitted to the City for review. c. Assent Form and official exhibits must be signed by the applicant and owner. d. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. e. All necessary permits must be obtained. 10. 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. 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. 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. 11. Prior to the issuance of any permanent certificate of occupancy permit the following shall be completed: a. Landscaping and irrigation shall be installed in accordance with the Official Exhibits. Resolution No. 13-047 -4- 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 Preliminary and Final PUD. The development agreement shall address those issues which the City Council deems appropriate and ary. The Mayor and City Manager are authorized to execute the development agreement. Re Cit Attest. City Clerk Administration: Adopted by tithe Cit Council March 18, 2013 l�- Mayor