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HomeMy WebLinkAbout13-149 - ADMIN Resolution - City Council - 2013/10/07 (2)RESOLUTION NO. 13-149 • RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE FOR WOODDALE FLATS • • WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on August 12, 2013 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary and Final 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, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on September 5, 2013, and WHEREAS, the Planning Commission opened the public hearing at the meeting of September 18, 2013 and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of September 18, 2013, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final 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. Wooddale Flats, 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 R-4 Multiple -Family Residence district located at 4017 Utica Avenue and 3998 Wooddale Avenue for the legal description as follows, to -wit: (Area to be platted as Lot 1, Block 1, Wooddale Flats) Parcel 1: Lots 1 to 4 inclusive, Lots 37 and 38, Lot 36, except the South 10 feet thereof, all in Block 2, Browndale, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 28 North, Range 24 West of the Fourth Principal Meridian described as follows: Commencing at a point 399.96 feet East of the Southwest corner of the Northwest Quarter Resolution No. 13-149 -2- of the Northwest Quarter of section in center of cross road extending from Excelsior Avenue in Southeasterly direction through said section; thence South 34 degrees 12 minutes East 279.62 feet along center line of cross road to point of beginning of tract to be described; thence continuing along last described line 300 feet; thence South 67 degrees West 191 feet; thence North 34 degrees 12 minutes West on_a line,parallel with said center line of cross road to a point drawn Southwesterly from the actual point of beginning and a right angle to the center line of said cross road; thence Northeasterly along said right angle line to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. (Torrens Property, Certificate No. 84516) And That portion of the vacated alley in Block 2, "Browndale," which lies North of the easterly extension of the North line of Lot 34, Block 2, `Browndale," and which lies westerly of a line extending from a point 7.00 feet easterly from the Southeast corner of Lot 33 in said Block 2, as measured along the easterly extension of the South line of said Lot 33 and passing through a point equidistant from the Northeast corner of said Lot 34 and the Northwest corner of Lot 1 in said Block 2, Hennepin County, Minnesota. (property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13 -34 -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. Increased Floor Area Ratio from 0.70 to 0.90. b. Increased building height for the three-story buildings from 40 feet to 43 feet to the top of the parapet, and 51 feet to the top of the elevator penthouse. c. Reduce front yard (East) from 30 feet for Bldg. 1 and 43 feet for Bldgs. 2-6 to 15 feet for all buildings d. Reduce side yard (North) from 35 feet to 20 feet e. Reduce side yard (South) from 23 feet to 14 feet f. Reduce rear yard (West) from 25 feet to 15 feet Resolution No. 13-149 -3- g. Reduce distance between buildings 1 and 2 from 21.5 feet to 13 feet and between • each of buildings 2 — 6 from 26.5 feet to 17 feet • • 4. The contents of Planning Case File 13 -34 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development at the location descnbed is approved based on the findings set forth above and subject to the following conditions: 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. 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 Soil Analysis Report of fill material must be submitted to the City. d. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. e. An Erosion Control Permit must be obtained. f. An MCES permit approving a sanitary connection to MCES main lines in Wooddale Avenue must be obtained. g. Minnehaha Creek Watershed District Permits must be obtained. h. All other necessary permits must be obtained. 4. 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. Building matenal samples and colors must be submitted to the City for review. d. 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 and private sidewalk installation, repair/cleaning of public streets/utilities, storm water management system, landscaping and irrigation, and designed outdoor recreation area features. e. A maintenance agreement for the storm water system must be executed and signed by the City and developer. f. The City and developer shall enter into a development agreement. 5. 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. • Resolution No. 13-149 -4- 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. e. All construction parking shall be on the development site. f. Construction traffic shall travel according to the routes indicated in the Official Exhibits. 6. Prior to the issuance of any permanent certificate of occupancy permit the following shall be completed: a. Public and private sidewalks, landscaping, and irrigation shall be installed in accordance with the Official Exhibits. 7. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be 100% screened from off-site. 8. 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. 9. 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. City Clerk is instructed to record certified copies of this resolution in the Office of the epin County Register of Deeds or Registrar of Titles as the case may be. Rev' ed for Administration: Ci Y ._er Attest: City Clerk Adopted byythe City Council October 7, 2013 •1' (di y Mayo' ) , HhII ii m iii iui uiu ni vii iu iin ii iil Doc No T05131944 Certified, filed and/or recorded on Nov 4, 2013 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 26 Pkg ID 1052889M Doc Name: Resolution 15-H9 Document Recording Fee $46 00 Document Total $46 00 Existing Certs 84516 New Certs RECEIVED NOV 2 6 2013 OFFICE OF THE CITY CLERK This cover sheet is now a permanent part of the recorded document • CITY LOOF ST. UIS PARK • Sq -St 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. 13-149 adopted October 7, 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: October 21, 2013