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HomeMy WebLinkAbout13-054 - ADMIN Resolution - City Council - 2013/04/01 (2)RESOLUTION NO. 13-054 A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT • DEVELOPMENT (PUD) OF BOARDWALK CENTER UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY LOCATED AT 3555 STATE HIGHWAY 100 SOUTH WHEREAS, an application for approval of a Preliminary and Final Planned Unit Development (PUD) was received on January 22, 2013 from the applicant, and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of March 6, 2013, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 7-0 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. Oppidan Holdings, 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 C-2 General Commercial district located at 3555 State Highway 100 South for the legal description as follows, to -wit: Lots 1 and 4, Block 3, Belt Line Industrial Park, except therefrom Parcel 1 as set out on Minnesota Department of Transportation Right of Way Plat No. 27-11 Document No. 4818930 and as acquired under Final Certification Document No. 5825268. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13 -09 -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 with certain contemplated traffic improvements will it cause serious traffic congestion nor 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. Allowing signage to be co -located on one sign located on Lot 1, Block 1, Belt Line Industrial Park 3rd Addition. b. Allowing shared parking. c. Allowing shared access to the properties from public streets. 4. The contents of Planning Case File 13 -09 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 13-054 -2- Conclusion The Final Planned Unit Development at the location described 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 conformance with the Final PUD official exhibits. 2. All conditions for storm water management shall be met. 3. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District. 4. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping, sidewalk, stormwater, and the repair/cleaning of public streets and utilities. b. Assent form and official exhibits must be signed by the applicant and owner. c. Copies of executed and recorded storm water, signage, access and parking easements shall be provided to the City. 5. The applicant 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 10:00 PM and 7:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 6. All new utilities shall be buned. 7. Up to 100 square feet of signage is permitted on each side of the two-sided freestanding sign on Highway 100. 8. Up to 40 square feet of signage is permitted on each side of the two-sided freestanding sign on 36th Street. 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 pment agreement shall address those issues which the City Council deems appropriate and eces = ry. The Mayor and City Manager are authorized to execute the development agreement. e Cit Glerk is instructed to record certified copies of this resolution in the Office of the Hennepi 4, unty Register of Deeds or Registrar of Title :.. the case may be. f Administration: Attest: ijaZ'!>t,-City Clerk P dopted May the • • / ouncil April 1, 2013 • • • 111111111111111111111111011111 111111111111111001111 Doc No A09941493 Certified, filed and/or recorded on 4/19/13 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 960033M Doc Name: Resolution 131 511 Document Recording Fee $46 00 Document Total $46 00 RECEIVED MAY 2 2013 OFFICE OF THE CITY CLERK 1 This cover sheet is now a permanent part of the recorded document • • • (1 a • CITY OF ST Lours PARK 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 original Resolution No. Resolution No. 13-054 adopted April 1, 2013 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 Stroll City Clerk Date: Apnl 10, 2013