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HomeMy WebLinkAbout13-082 - ADMIN Resolution - City Council - 2013/05/20 (2)RESOLUTION NO. 13-082 • RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK CODE RELATING TO ZONING FOR PROPERTY ZONED R-4 MULTIPLE FAMIY RESIDENCE LOCATED AT 6800 CEDAR LAKE ROAD WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on January 22, 2013, from the applicant, and WHEREAS, the City Council adopted Resolution No. 13-047 approving the Preliminary PUD on March 18, 2013; and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of April 17, 2013, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 6- 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: J 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 • • Resolution No. 13-082 -2- 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 43 feet tall d. Increased building height to allow a portion of the North Building to be 43 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 1. 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 Final Planned Unit Development at the location descnbed is approved based on the findings set forth above and subject to the following condition 1. The approval is subject to City Council approval of the rezoning of the subject property to R-4 Multiple Family residence district and the effective date of the ordinance. 2. The site shall be developed, used and maintained in conformance with the Official Exhibits. 3. An easement for purposes of maintaining a public sidewalk along Cedar Lake Road shall be granted to the City for the proposed public sidewalk that is on private property. Said easement shall be in a form approved by the City Attorney. • 4. An agreement that provides public access to the playground and City review and approval of the proposed amenities and the maintenance plan for the playground. Said agreement shall be in a form approved by the City Attorney. - 5. The property owner shall ensure that the playground is inspected and maintained in conformance manufacturer and industry guidelines. Resolution No. 13-082 -3- 0 6. Pnor 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. Building material samples and colors must be submitted to the City for review. d. The owner shall submit a parking management plan for review and approval by the City in order to avoid undue on -street parking from the development. e. 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. f. The City and developer shall enter into a development agreement. • 7. 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. 8. 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 appropnate safety measures have been taken to ensure motorist and pedestnan safety. 9. Prior to the issuance of any permanent certificate of occupancy permit the following shall be completed: a. Public sidewalks, playground, landscaping, and imgation shall be installed in accordance with the Official Exhibits. b The applicant shall submit proof that an easement for the City to maintain a public sidewalk on private property along Cedar Lake Road has been filed with Hennepin County. c. The applicant shall submit proof to the City that an agreement providing for public access to the privately -owned and privately -maintained playground has been recorded with Hennepin County. 10. 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. e t• - Resolution No. 13-082 -4- • 11. 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. Mayor and City Manager are authorized to execute the development agreement. Rev Administration: Attest: er a --J? City Clerk 1 Adopted City C .1 May 20, 2013 Mayor • IIuII u iii iui llhi IVO III II 1111 UI II1 Doc No T05150882 Certified, filed and/or recorded on Feb 3, 2014 2 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1080660M Doc Name: Resolution 13 -Mfg- Document o -Document Recording Fee $46 00 Multiple Certificates Affected $20 00 Fee Document Total $66 00 Existing Certs 95156 133800 New Certs RECEIVF0 FEB 2 4 2 4 OFFICE OF THE CITY CLERK This cover sheet is now a permanent part of the recorded document . CITY PARK ST LourOF s • 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. 13-082 adopted May 20, 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 Stroth City Clerk Date: January 15, 2014