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HomeMy WebLinkAbout01-065 - ADMIN Resolution - City Council - 2001/07/23RESOLUTION NO. 01-065 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) • UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "M -X" MIXED USE, "R -C" MULTIPLE FAMILY RESIDENTIAL, AND "R-3" TWO-FAMILY RESIDENTIAL LOCATED EAST OF THE BALLY'S PROPERTY AT QUENTIN AVENUE, WEST OF MONTEREY DRIVE, AND NORTH OF EXCELSIOR BOULEVARD TO THE SOUTHERN PORTION OF WOLFE PARK, COMMONLY KNOWN AS PARK COMMONS EAST AND FINAL PLAT — PARK COMMONS EAST • • WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on June 4, 2001, Resolution No. 01-049; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Park Commons East was received on January 16, 2001 (accepted as complete applications on May 9, 2001) from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Plat at the meeting of July 11, 2001, and WHEREAS, the Planning Commission recommended approval of the Final PUD and Plat 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 TOLD Development Company has made application to the City Council for a Planned Unit Development under Section 14 6-7 of the St. Louis Park Ordinance Code within the M -X, R -C, and R-3 districts located east of the Bally's property at Quentin Avenue, west of Monterey Drive, and north of Excelsior Boulevard to the southern portion of Wolfe Park, commonly known as Park Commons East and TOLD Development Company , and the City of St Louis Park, owners and subdividers of the land proposed to be platted as Park Commons East have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; for the legal description as follows, to -wit: See Attached Legal Description Resolution No. 01-065 -2- 2 The City Council has considered the advice and recommendation of the Planning Commission (Case Nos 01-06-S and 01 -07 -PUD) and the effect of the proposed PUD and Plat 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 and Plat will not be detnmental 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 and Plat 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 14:6-7 2(E). 4 The contents of Planning Case Files 01-06-S and 01 -07 -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 and Final Plat at the location described are 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 official exhibits, which may be amended according to the provisions of the planning contract between TOLD and the City of St. Louis Park and to meet the following conditions. a. to address the recommendations of the Public Works Department dated 7/3/01. b to address the Plumbing Inspector's comments dated 7/2/01. c to preserve the trees on the north side of 38th Street (proposed Grand Place) in front of Westmoreland Hills condominiums. d to increase the length of the median at Market Avenue and Excelsior Boulevard per the recommendation of the traffic consultant. e to meet minimum tree replacement ordinance requirements (that are not related to a cash in lieu payment). f to coordinate town green and public streetscape improvements with Excelsior Boulevard streetscape plans and input from the selected artist consultant. g to coordinate park edge improvements with amphitheater plans. h. to address comments from Metro Transit regarding transit locations and improvements 1 to address conditions of required permits from the Watershed District, MPCA, and City to show the current names of 38th/39th Street, which may be changed later by ordinance 2. Outlots A, B and C of the Park Commons East Final Plat shall be retained by the City of St. Louis Park for public purposes. 3 Future phases shown as Outlots D, E, F, G, H, and I on the Park Commons East Final Plat must receive subsequent preliminary and final PUD and plat approval, including approval of condominium lots, pnor to construction of any permanent improvements on those properties. Intenm parking and transit facilities are permitted on Outlots D, E, F, G, H, and I provided City approval is obtained and any necessary access easements or agreements are executed. 1I i Resolution No 01-065 -3- 4 All street nght-of-way (R.O.W.) shall be dedicated to the City or Hennepin County as shown on the Park Commons East Final Plat; an ordinance vacating existing City streets, an alley, and an existing sidewalk easement along Excelsior Boulevard shall become effective upon recording of the Final Plat. 5 Prior to the City signing the Final Plat- a. A sidewalk easement shall be executed which retains that portion of the developable lot between the building face and public nght-of-way for public sidewalk purposes. b. A planning contract shall be executed between the City and developer which addresses at a minimum final plat/PUD and construction phasing, intenm use and maintenance plans for future phase outlots, construction of permanent public improvements and temporary sidewalks, provisions for ensuring adequate parking, conditions for administrative approval of amendments to the official exhibits, terms for meeting tree replacement requirements. 6 The Park Commons East Final Plat approval includes the following variances to the Subdivision Ordinance a. Street right-of-way and street sections shall be as shown on the approved final plat, street names may include the word "park" subject to final plat and PUD approval. b Drainage and utility easements shall not be required around the perimeter of all lots. c. Lots sizes in future phases may be less than the "R -C" Zoning Distnct requirement subject to any conditions of subsequent preliminary and final PUD/Plat approval. 7 The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycaie as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, and off-street parking as shown on the official exhibits based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. 8 Outdoor seating is permitted in association with restaurants and food service uses subject to any conditions of Final PUD approval for that phase, easement provisions, health codes, and approval of specific outdoor seating plans by the Zoning Administrator. 9 All parking shall be open to the general public at all times except as follows: on -street parking may be restricted by the City, below -ground parking may be restricted to building residents, and a plan for valet parking may be approved by the City 10 If parking is deemed inadequate by the City based upon evidence of parking in fire lanes, drive aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 11 Proposed "Market Street" north of 38`"/39`h (proposed Grand Place) may be closed for events as approved by the City 12 The developer is required to comply with all provisions of the planning contract, development agreement with the EDA, Metropolitan Council LCDA grant agreement(s), MPCA and Watershed District approvals. 13. Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract a. construction of all streets, on -street parking, and utilities, within the entire PUD area. b completion of streetscape improvements, including bicycle and transit amenities, adjacent to all Phase 1 properties and Wolfe Park c construction of temporary bituminous sidewalks in accordance with a plan approved by the Zoning Administrator Resolution No. 01-065 -4- d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, plantings and streetscape subject to approved final plans. e construction of the entire town green from Excelsior Boulevard to Wolfe Park in accordance with approved final town green plans with temporary sidewalks north of 38`"/39`" until permanent sidewalks/streetscape are completed dunng construction of each future phase f construction of the Phase 1 public parking ramps in accordance with approved final plans g construction of the police substation and public restrooms in accordance with approved final plans h construction of traffic improvements and installation of traffic control and directional signage in accordance with approved final plans 1 construction of 18 project -based two-bedroom Section 8 units in accordance with public housing agreements. 14 Prior to any site work other than demolition for Park Commons East Phase One: a. the Final Plat and PUD for Phase 1 shall be approved and the Final Plat shall be signed by the City. b final construction documents for public infrastructure (street, underground utilities; not streetscape) improvements shall be approved by the Public Works Director. c. required erosion control permits, utility permits, and other required permits shall be obtained from the City, Hennepin County, Watershed District and any other required agencies. d the MPCA shall be informed of the plans to regrade the southern portion of Wolfe Park and approval shall be received prior to regrading the park, if needed. e. a final tree preservation plan shall be approved by the Zoning Administrator and any necessary construction fencing shall be in place f plans for maintaining access to existing private condominium parking dunng construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 15. Prior to issuance of any building permits, which may impose additional conditions: a. Evidence of recording the final plat, easements, and planning contract shall be submitted to the City. b the Indirect Source Permit shall be approved by the MPCA, if necessary c A lighting and photometric plan shall be approved by the Zoning Administrator d An irrigation plan shall be approved by the Zoning Administrator e. Exterior building matenal/colors shall be approved by the Zoning Administrator f. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 16 Prior to installation of any private signage, sign permits shall be approved by the Zoning Administrator. 17 Future phases of the Preliminary PUD are approved in general concept only and subject to the following conditions of approval: a. All future phases are required to apply for subsequent Preliminary and Final PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements. b Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed dunng construction of each future phase. I v , v Resolution No. 01-065 -5- c. A minimum of 35 stacked townhomes for owner -occupants shall be included in Future Phase E and/or Future Phase NE, additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. d The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. e. Variances to the 80 feet minimum lot width of the "R -C" Distnct may be approved subject to Preliminary and Final Plat and PUD approvals. f Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals g Approval tor construction of future phases is contingent upon provision of adequate parking, which may include interim parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses 18. Pnor to execution of the Final Plat for each subsequent phase: a. preliminary and final plat/PUD approval shall be obtained for that phase. b. the existing development agreement shall be amended as necessary and a new planning contract shall be executed between the developer and City/EDA. c public sidewalk easements shall be approved by the City Attorney for those areas of private development Tots between the public street and building setback Pursuant to Section 14:6-7 5(F) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be Reviewed for Administration. City Manager Attest y Clerk O1-06-S-0I-07-pud-final Adopted i y the City Council July 23, 2001, C Mayo Resolution No. 01-065 PARCEL 1 Lot 31 °tock 3 M.n.kandn Vista Second Addition Hennepin County. according to the plot thereof an file or of record In the 0f lire of the Register o1 Deeds .n ond for said County PARCEL 2 Lots 9 10 and 11 Block 4 M.n.kando Vista 2nd Addition except the Southeasterly 17 feet of Lots 9 and 10 Block 4 as token for h.ghwoy purposes PARCEL 3 Lots 5 and 6 Block 8 Minrkanda Visto 2nd Addition Hennepin County. according l0 the plot thereof on file or of record .n the office of the Register of Deeds .n and for said County PARCEL 4 Tract C Registered land Survey No 2 Files of the Registrar o1 Tiles County of Hennepin PARCEL 5 Block 6 together with that porton of the vacated street lying between Blocks 6 and 7 and between extensions across said street of the Northwesterly line and the Southerly Inc.of said Blocks 6 and 7 and lying West of the center line of said vacated street, "M.n.kohda Vista 2nd Addition Hennepin County - according to the plot thereof on file or of record in the office of the Register of Deeds .n and for said County PARCEL 6 Lot 3, Block 8 M.nrkanda Vista 2nd Addition Hennepin County PARCEL 7 That port Of Lot 1, Block 4 M.n.kanda Visto 2nd Addition lying South of 0 line parallel to and thirty—three (33) feet Northwesterly from meosured perpendicular to the Southeast Incrof scud Lot 1 and lying West of a line parallel to and 103 0 feet Southwesterly from measured perpendicular to, the Northeast line of said Lot 1, according to the recorded plot thereol and situate .n Hennepin County, Minnesota AND Lot 13 Block 4 Mrnikohda Vista 2nd Addition, except that part of Lot 13, Block 4. Mm.kohda Vista Second Addition described as follows Commencing at the Northwest corner of Lot 13 thence South along the West Incrd.stonce of forty (40) feet. thence Northeasterly to a point on the North line of Lot 13 to a point ninety-1.ve (95) (eel East o1 the pont of beginning thenEe West along the North line o1 Lot 13 to the point of beginning according to the recorded plat thereof and situate .n Hennepin County Minnesota AND Lots 2 3 4 12 and the Easterly 1/2 of Lot 5. That port of Lof 14, lying Southerly of o line drown from a point un the South line of said Lot 14 distant 95 feel Easterly from the Southwest corner of said Lot 14 to 0 point on the Easterly line of sold Lot 14 distant 20 feet Northwesterly of the Southeost corner thereof all .n Block 4, "M.n.kando Vista 2nd Addition Hennepin County " according to the plot thereof on file or of record .n the office of the Register of Deeds .n and for said County Together with on easement across the boulevards ono sidewalk in front of the Westerly 25 feet of said Lot 5, as shown .n Deed Document No 384774 Files of Registrar of T.tles AND Westerly 1/2 of _Lot 5 and All of Lots 6, 7 and 8 Block 4 "Mm.kohda Vista 2nd Addition , Hennepin County according to the plot thereof on Ide or of record .n the office of the Register of Deeds .n and for said County Together with on easement ocross the boulevards and sidewalk .n front of the Easterly 25 feet of said Lot 5 os shown in deed Document No 384774 files of Registrar of Titles Legal description Case Nos. 01-06-S and 01 -07 -PUD page 1 of 4 PARCEL 8 That part of Lot 1, Block 4 Mrnrkohdo Vista 2nd Addition lying North of a line porollel to and thirty-three (33) feel northwesterly from meosured perpendicular to the southeast lune of sod Lot 1 That port of Lot '3 Block 4 Mrmkohda Vista 2nd Addition described as follows Commencing at the Northwest corner of Lot 13 thence South along the West Zine 0 distance of forty (40) feet thence Northeasterly to a point on the North line of Lot 13 ninety-five (95) feet East of the point of beginning. thence West along the North Incrof Lot 13 to the point of beginning Lot 14 except that port thereof iy.ng Southerly of a hne drown from a pont on the South line of sold Lot 14 distant 95 feet Easterly from the Southwest corner of said Lot 14 to a point on the Easterly I,ne of Lot 14 distant 20 feet Northwesterly of Inc Southeast corner (hereof Block 4 M.n.kohda Vrsto Second Add.l.on Hennepin County according to the plot thereof on file or of record ,n the office of the Register of Oeeds n and for scud County Lot 15 Block 4 'M.n,kohdo V.sto 2nd Adda.on Hennepin County V,Iloge of St Lours Pork. according to the plot thereof on file Or of record .n the office of the Register of Deeas .n and for said County PARCEL 9 Lot 1 Block 5 Min.kohda Visto 2nd Addition PARCEL 10 Tract F Registered Land Survey No 2 Files of Registrar of Titles, County of Hennepin That port of the vacated street lying between Blocks 6 and 7 Mrn.kohda V.sto 2nd Addition. Hennepin County " and between extensions across soil street of the Northwesterly line of said Blocks 6 and 7 and the Northerly line of Lot 4 Block 7 extended and lying East of the center hne of said vacated street. according to the plat thereof on file or of record ,n the office of the Register of Deeds .n and for Saud Hennepin County PARCEL 11 Tract 0 Registered Land Survey No 2. Files o! Register of Titles County of Hennepin PARCEL 12 Tract E Registered Land Survey No 2 Files of the Reg.stror of Titles County of Hennepin PARCEL 13 Tract A, Registered Land Survey No 2, Files of the Registrar of Titles. County of Hennepin PARCEL 14 Lots 4 and 5 except that part of said lots described as fol'ows commencing at the Northwest corner of Lol 4. thence South along the West hne of Lots 4 and 5 a distance of 77 feet. thence Nortneasterly to a point on the East Incrof Lot 4 distant 16 feel South of the Northeast corner of scud Lol 4, thence North to the Northeast corner thence West along the North hne of Lal 4 t0 the point of beginning Lot 6 That port of Lot 7 lying Easterly of a hne ri.nrung from a point .n the North hne Of Lot 7 drstont 45 4 feet Esst of the Northwest corner thereof to o paint .n the Southeasterly hne of said Lot 7, distant 80 4 feel Nor'heoste•ly, us meosured along sand Southeasterly Incrtram the most Southerly corner thereof Lot 8 except the Southeasterly 17 feel thereof token for State Highway. Lots 9. 10 and 11 Block 5. "Mmrkoh0o Vista 2nd Aad,hon Henr,apin County." according to the plot thereof on file or of record .n the office of the Register of Deeds .n and for said County Tract C, Registered Lcnd Survey No 832, Files of Registrar of Tales County of Hennepin Together with o perpetual non-exclusive easement for arnveway purposes over Tract 8 Registered Land Survey No 832 as ,hown .n deed Document No 615725 FIes of Reg.stror of titles (See Inst ) (As to Trott C in Parcel 2) Together with on easement to use the Easterry wall of building located an Lot 10. Block 5 in Parcel 1 ora on frac( C ,n Parcel 3 0s shown .n deed Document Nu 890605 Files of Reg.strur of Tales (See Inst ) Tracts A. 6 and C. RegistereC Lond Survey No 915, Files of Registrar of Titles, County of Hennepin Legal description Case Nos. 01-06-S and 01 -07 -FUD page 2 of Resolution No. 01-065 PARCEL 15 Lots 21 and 22, Block 3, "M.nikondo Vista 2nd Addition, Hennepin County' according to the recorded plot thereof Lots 23, 24 and 2L Block 3, -Min kando Vista 2nd Addition Hennepin County according to the plot thereof on Ii'e or of record in the Office of the Register of Deeds .n and for said Hennepin County Lot 26, Block 3 Mimkanda Vista 2nd Addition, Hennepin County,' according to the recorded plat thereof Lot 27 Block 3 -Min,kando Vista 2nd Addition Hennepin County - according to the recorded plot thereof on file or of record in the of lice of the Register of Deeds in and for said Hennepin County Lot 28 Block 3 -M n.konda Vista 2nd Addition Hennepin County according to the plot thereof on Me or of record in the office of the Register of Deeds in and for sad Hennepin County Lots 29 and 30 Block 3. Mfnikandc Vista 2nd AdOft,on Hennepin County, occor'ding to the plot thereof on file or of record in the Office of the Register of Deeds in and for so,d Hennepin County PARCEL 16 Lot 2 Block 3 Min„ando Vista 2nd Addition except that port lying Southeasterly of a line drown from a point on the Southwesterly Ione of scud Lot 2, distant 42 feet from the Southeasterly line of said Lot to a point on the Northeasterly Ione of said lot 0.51001 52 feet from the ¶ outheaslerfy line of said lot which hos been token for highway purposes PARCEL 17 Lot 4, Block 8 Mfnfkando Vista 2n0 Addition PARCEL 18 Lot 1 Block 8, klfnikanda Vista Second Addition Hennepin County according 10 the plot tnereof on file or of record in the office of the Register of Deeds in and for said County PARCEL 19 Tracts A and B, Registered Lond Survey No 832, Files of Registrar of Titles, Hennepin County Minnesota Legal description Case Nos. 01-06-S and 01 -07 -PUD page 3 of 4 PARCEL 20 Lot 7 and that part of Lot 8 ly,rg South of a line drown parallel 10 the South line of sold Lot 8 from the Northwesterly corner of said Lot 8 Block 8 M,n,kanda Vista 2nd Addition, according to the recorded plot thereof Hennepin County Minnesota PARCEL 21 Lot 7, Block 8, Westmoreland Pork Hennepin County Minnesota ocLordnng to the recorded plat thereof on file and o1 record ,n the office of the County Recorder Hennepin County M,nnesoto That port of Lot 8 Block 8, -Minikando Vns(o 2na Addition Hennepin County, lying North of a line drown parallel to the South line of said Lot 8, from the Northwesterly corner of said Lot 8 according to the recorded plot thereof on file and of record ,n the office of the Register of Deeds Hennepin County Mmnesoto F'ARCEL 22 Lot 2 Block 8, Mui,kohao Vistu 2nd Addition Hennepin County Minnesota PARCEL 23 Tract B Registered Land Survey No 2 Files of the Registrar of Tales. County of Hennepin State of Minnesota PARCEL 24 Lot 4 except the Northwesterly 43 5 feet of the Northeasterly 0 6 feet thereof, Block 3, 'Mmnkando Vista 2nd Addition Hennepin County PARCEL 25 Lots 8, 9 and 10 Block 3 Minikohdo Vista 2nd Addition Hennepin County Lots 11 and 13, Block 3 M,n,kanda Vista 2nd AdU,•,on, Hennepin County Lots 12 14 15 16 17 18 19 and 20 Stuck 3, -M,n,kohdo Vista 2nd Addition, Hennepin County PARCEL 26 Lot 3 The Northwesterly 43 5 leel of the Northeasterly 0 6 feet of Lot 4 Block 3. _ Mm,konda V,sto 2nd Addition, Hennepin County PARCEL 27 Lot 1 BWck 3, M,n,kanda Vista 2nd ndd,t,on lying Southeasterly of a line drown from the Southwesterly line of said Lot 1 d,5lont 52 feet Irom the Soutneasterly Inc,of said tot to o point on the Northeasterly line of sono lot aslant 80 feet from the Northwesterly tine of said lot PARCEL 28 Lots 5 and 6 Bock 3. M,n,kohda Vista Second Addition `iennep,n County Minnesota PARCEL 29 Lot 7 Block .3 -khn,konda vista 2nd Addition, Hennepin County Legal description Case Nos. 01-06-S and 01 -07 -PUD page 4 of 4 s -51° co r l fw� co*3 trZit cp TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES BY AUG 0 2 2001 UNTY MINN. DEPUTY RESOLUTION NO. 01-065 i4z,-430 �o COPY A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "M -X" MIXED USE, "R -C" MULTIPLE FAMILY RESIDENTIAL, AND "R-3" TWO-FAMILY RESIDENTIAL LOCATED • EAST OF THE BALLY'S PROPERTY AT QUENTIN AVENUE, WEST OF MONTEREY DRIVE, AND NORTH OF EXCELSIOR BOULEVARD TO THE SOUTHERN PORTION OF WOLFE PARK, COMMONLY KNOWN AS PARK COMMONS EAST AND FINAL PLAT — PARK COMMONS EAST WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on June 4, 2001, Resolution No. 01-049; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Park Commons East was received on January 16, 2001 (accepted as complete applications on May 9, 2001) from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Plat at the meeting of July 11, 2001, and WHEREAS, the Planning Commission recommended approval of the Final PUD and Plat 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. • • • TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES AUG 0 2 2001 HC� NTY MINN. BY ��� DEPUTY z RESOLUTION NO. 01-065 oFF1CF OF C,sl.<<� Fy,,;IC" A HENNEPIN CUt i CEPTIf'CC) FL ) AND 01 RE. J'( 2031 SEP -7 Ali (: 30 13772 �7� ny� COPY A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "M -X" MIXED USE, "R -C" MULTIPLE FAMILY RESIDENTIAL, AND "R-3" TWO-FAMILY RESIDENTIAL LOCATED EAST OF THE BALLY'S PROPERTY AT QUENTIN AVENUE, WEST OF MONTEREY DRIVE, AND NORTH OF EXCELSIOR BOULEVARD TO THE SOUTHERN PORTION OF WOLFE PARK, COMMONLY KNOWN AS PARK COMMONS EAST AND FINAL PLAT — PARK COMMONS EAST WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on June 4, 2001, Resolution No. 01-049; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Park Commons East was received on January 16, 2001 (accepted as complete applications on May 9, 2001) from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Plat at the meeting of July 11, 2001, and WHEREAS, the Planning Commission recommended approval of the Final PUD and Plat 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. DEPUTY Resolution No. 01-065 -2- BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 TOLD Development Company has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the M -X, R -C, and R-3 distracts located east of the Bally's property at Quentin Avenue, west of Monterey Drive, and north of Excelsior Boulevard to the southern portion of Wolfe Park, commonly known as Park Commons East and TOLD Development Company , and the City of St. Louis Park, owners and subdividers of the land proposed to be platted as Park Commons East have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; for the legal descnption as follows, to -wit: See Attached Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 01-06-S and 01 -07 -PUD ) and the effect of the proposed PUD and Plat 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 and Plat 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 and Plat 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 14:6-7.2(E). 4. The contents of Planning Case Files 01-06-S and 01 -07 -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 and Final Plat at the location described are approved based on the findings set forth above and subject to the following conditions: • • • Resolution No. 01-065 -3- 1. The site shall be developed, used, and maintained in conformance with the official exhibits, which may be amended according to the provisions of the planning contract between TOLD and the City of St. Louis Park and to meet the following conditions: a. to address the recommendations of the Public Works Department dated 7/3/01. b. to address the Plumbing Inspector's comments dated 7/2/01. c. to preserve the trees on the north side of 38`h Street (proposed Grand Place) in front of Westmoreland Hills condominiums. d. to increase the length of the median at Market Avenue and Excelsior Boulevard per the recommendation of the traffic consultant. e. to meet minimum tree replacement ordinance requirements (that are not related to a cash in lieu payment). f. to coordinate town green and public streetscape improvements with Excelsior Boulevard streetscape plans and input from the selected artist consultant. g. to coordinate park edge improvements with amphitheater plans. h to address comments from Metro Transit regarding transit locations and improvements 1 to address conditions of required permits from the Watershed Distnct, MPCA, and City. J. to show the current names of 38`h/39`h Street, which may be changed later by ordinance. 2. Outlots A, B and C of the Park Commons East Final Plat shall be retained by the City of St. Louis Park for public purposes. 3. Future phases shown as Outlots D, E, F, G, H, and I on the Park Commons East Final Plat must receive subsequent preliminary and final PUD and plat approval, including approval of condominium lots, prior to construction of any permanent improvements on those properties. Intenm parking and transit facilities are permitted on Outlots D, E, F, G, H, and I provided City approval is obtained and any necessary access easements or agreements are executed. 4. All street right-of-way (R.O.W.) shall be dedicated to the City or Hennepin County as shown on the Park Commons East Final Plat; an ordinance vacating existing City streets, an alley, and an existing sidewalk easement along Excelsior Boulevard shall become effective upon recording of the Final Plat. 5. Prior to the City signing the Final Plat: a. A sidewalk easement shall be executed which retains that portion of the developable lot between the building face and public nght-of-way for public sidewalk purposes. b. A planning contract shall be executed between the City and developer which addresses at a minimum• final plat/PUD and construction phasing; interim use and maintenance plans for future phase outlots, construction of permanent public improvements and temporary sidewalks, provisions for ensuring adequate parking, conditions for administrative approval of amendments to the official exhibits, terms for meeting tree replacement requirements. • .� OD Resolution No. 01-065 -4- 6. The Park Commons East Final Plat approval includes the following vanances to the Subdivision Ordinance: a. Street nght-of-way and street sections shall be as shown on the approved final plat; street names may include the word "park" subject to final plat and PUD approval. b. Drainage and utility easements shall not be required around the perimeter of all lots. c. Lots sizes in future phases may be less than the "R -C" Zoning District requirement subject to any conditions of subsequent preliminary and final PUD/Plat approval. 7. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare as a retail/service use, nght-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, and off-street parking as shown on the official exhibits based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. 8. Outdoor seating is permitted in association with restaurants and food service uses subject to any conditions of Final PUD approval for that phase, easement provisions, health codes, and approval of specific outdoor seating plans by the Zoning Administrator. 9. All parking shall be open to the general public at all times except as follows: on -street parking may be restricted by the City, below -ground parking may be restricted to building residents, and a plan for valet parking may be approved by the City. 10. If parking is deemed inadequate by the City based upon evidence of parking in fire lanes, drive aisles or other inappropnate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 11. Proposed "Market Street" north of 38`11/39`h (proposed Grand Place) may be closed for events as approved by the City. 12. The developer is required to comply with all provisions of the planning contract, development agreement with the EDA, Metropolitan Council LCDA grant agreement(s), MPCA and Watershed District approvals. 13. Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract: a. construction of all streets, on -street parking, and utilities, within the entire PUD area. b. completion of streetscape improvements, including bicycle and transit amenities, adjacent to all Phase 1 properties and Wolfe Park. c. construction of temporary bituminous sidewalks in accordance with a plan approved by the Zoning Administrator. d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, plantings and streetscape subject to approved final plans. e. construction of the entire town green from Excelsior Boulevard to Wolfe Park in accordance with approved final town green plans with temporary sidewalks north of 389h/39`h until permanent sidewalks/streetscape are completed dunng construction of each future phase. f. construction of the Phase 1 public parking ramps in accordance with approved final plans. g. construction of the police substation and public restrooms in accordance with approved final plans. • Resolution No. 01-065 -6- d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. e. Vanances to the 80 feet minimum lot width of the "R -C" District may be approved subject to Preliminary and Final Plat and PUD approvals. f. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. g. Approval for construction of future phases is contingent upon provision of adequate parking, which may include intenm parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses. 18. Pnor to execution of the Final Plat for each subsequent phase: a. preliminary and final plat/PUD approval shall be obtained for that phase. b. the existing development agreement shall be amended as necessary and a new planning contract shall be executed between the developer and City/EDA. c. public sidewalk easements shall be approved by the City Attorney for those areas of pnvate development lots between the public street and building setback. • Pursuant to Section 14:6-7.5(F) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the onginal Resolution No. 01-065 adopted at the St. Louis Park City Council meeting held on July 23, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of July, 2001. Nancy St/6th, L/Deputy City Clerk PARCEL 8 That pari of Lot 1, Block 4 M.n.kando Vista 2nd Addition lying ,North of a line parollel to and thirty-three (33) feet northwesterly from measured perpend.culor to the southeast line of said Lot 1 That part of Lot 13 Block 4 Mrnrkando Vista 2nd Addition described as follows Commencing at the North -est corner of Lot 13, thence South along the West line 0 distance of forty (40) feet thence Northeosterly to a point on the North Incrof Lot 13 ninety-five (95) feet East of the point of beginning, thence West along the North line of Lot 13 to the point of beginning Lot 14 except that port thereof lying Southerly of O line drawn from O point on the South line of scud Lot 14 distant 95 feet Easterly from the Southwest corner of sold Lot 14 to a point on the Easterly Incrof Lot 14 distant 20 feel Northwesterly o1 the Southeast corner thereof. Block 4 Mrnrkohdo Visto Second Addition Hennepin County. according to the plot thereof on Ile or of record in the office of the Register of Deeds .n and for said County 101 15. Block 4 "M.n.kohda Vista 2nd Addition Hennepin County - Village of 5t Lours Park, according to the plot thereof on file or of record in the office of the Register of Deeds in and for said County PARCEL 9 L01 1, Block 5. Mrnrkohdo Visto 2nd Addrtron PARCEL 10 Tract F Registered Land Survey No 2. Files of Registrar of Titles. County of Hennepin That port of the vocated street lying between Blocks 6 and 7. "Mrnrkohdo Vista 2nd Addition Hennepin County.' and between extensions across scud street of the Northwesterly line of said Blocks 6 and 7 and the Northerly line of Lot 4, Block 7 extended and lying East of the center line of said vacated street. according to the plot thereof on file or o1 record in the office of the Register of Deeds in and for said Hennepin County PARCEL 11 Tract D. Registered Land Survey No 2, Files of Register of Titles. County of Hennepin. PARCEL 12 Troct E Registered Lond Survey No 2 Files o1 the Registrar of Titles County of Hennepin PARCEL 13 Tract A, Registered Lond Survey No 2, Files of the Registrar of Titles. County of Hennepin PARCEL 14 Lots 4 and 5 except that part of said Lots described as follows commencing at the Northwest corner of Lot 4, thence South along the West IncroI Lots 4 and 5, a distance of 77 feet, thence Northeasterly 10 a point on the East Incrof Lot 4 distant 16 feet South of the Northeast corner of sord Lot 4, thence North to the Northeast corner. thence West along the North Incrof Lot 4 to the point of beginning Lot 6, That port of Lol 7 lying Easterly of a line running from a point in the North Incrof Lot 7. distant 45 4 feet East of the Northwest corner thereof, to o point in the Southeasterly Incrof said Lot 7. distant 80 4 Teel Northeasterly, os measured along sold Southeasterly Inc from the most Southerly corner thereof, Lol 8 except the Southeasterly 17 feel thereof token for State Highway, Lots 9. 10 and 11 Block 5. "Mrnrkohdo Vista 2n0 Addition, Hennepin County, occortng to the plot thereof on file or of record rn the office of the Register of Deeds in and for said County Tract C. Registered Land Survey No 832, Files of Registrar of Titles. County of Hennepin Together with o perpetual non-exclusive eosement for driveway purposes over Tract 8, Registered Lond Survey No 832 as shown .n deed Document No 615725, Files of Registrar of Titles (See Inst ) (As to Troct C in Parcel 2) Together with on easement to use the Easterly wall of building located on Lot 10, Block 5 in Parcel I ono on tract C in Parcel 3 os shown in deed Document No 890605 Files of Registrar of Titles. (See Inst ) Tracts A. B and C, Registered Lana Survey No 915, Files oI Registrar of Titles, County of Hennepin Legal description Case Nos. 01-06-S and 01 -07 -PUD page 2 of 4 PARCEL 20 Lot 7 and that port 01 Lot 8 lying South of 0 line drown porollel to the South hne of sold Lot 8 Irom the Northwesterly corner of said Lot 8. Block 8, Mtntkohda Vista 2nd Addition, according to the recorded plot thereof Hennepin County, Minnesota PARCEL 21 Lot 7. Block 8, Westmoreland Pork, Hennepin County, Minnesota according to the recorded plot tnereof on file and of record ,n the office of the County Recorder, Hennepin County Minnesota That port of Lol 8, Block 8, -Min,kohdo Vista 2nd Addition, Hennepin County", lying North of o line drown parallel to the South hne of sold Lot 8. from the Northwesterly corner of sod Lot 8 according to the recorded plot thereof on Ile and of record in the orrice of the Register of Deeds, Hennepin County Minnesota PARCEL 22 Lot 2. Block 8. M,nikohdo Vista 2nd Addition. Hennepin County, Minnesota PARCEL 23 Tract B. Registered Land Survey No 2. Files of the Registrar of Titles. County of Hennepin. Stole of Minnesota PARCEL 24 Lot 4. except the Northwesterly 43 5 feet of the Northeasterly 0 6 feet thereof. Block 3. -Mimkando Vista, 2nd Addition Hennepin County PARCEL 25 Lots 8 9 and 10 Block 3. -M,n,kohaa V,sto 2nd Addition Hennepin County Lots 11 and 13. Biock 3, 'M,n,kohao Vista 2nd Addition, Hennepin County, - Lots 12, 14, 15 16 17 15 19 and 20 Block 3. "M,n,kohdo Visto 2nd Addition, Hennepin County " PARCEL 26 Lot 3 The Northwesterly 43 5 feet o1 the Northeasterly 0 6 feet of Lot 4 Block 3 -M,n,kando Vista 2nd Addition Hennepin County PARCEL 27 Lot 1 Block 3, M,n,kohaa Vista 2nd Addition lying Soulheosterty of a hne drawn from the Southwesterly I,ne of sod Lol 1. distant 52 feet from the Southeasterly hne of said fol to a point on the Northeasterly line of said lot distant 80 feel from the Northwesterly Inc of surd fol PARCEL 28 Lots 5 and 6 Block 3, Min,kohdo Vista Second Addition Hennepin County, M,nnesoto PARCEL 29 Lot 7. Block 3. -Mm,kohdo Vista 2nd Addition. Hennepin County " Legal description Case Nos. 01-06-S and 01 -07 -PUD page 4 of 4