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HomeMy WebLinkAbout03-096 - ADMIN Resolution - City Council - 2003/08/04• • RESOLUTION NO. 03-096 Amends and Restates Resolutions No. 01-065, 01-091, and 01-146 A RESOLUTION AMENDING AND RESTATING RESOLUTION 01-146 ADOPTED ON DECEMBER 17, 2001 APPROVING AN AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "M -X" MIXED USE AND "R -C" HIGH DENSITY RESIDENTIAL GRANTING PRELIMINARY PUD APPROVAL FOR PHASE NE (EXCELSIOR AND GRAND PHASE 11) WHEREAS, Excelsior & Grand II, LLC, and the St. Louis Park EDA have made application to the City Council for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St Louis Park Ordinance Code to grant preliminary Planned Unit Development approval for Phase NE (Excelsior and Grand Phase II) within a M -X Mixed Use and R -C High Density Residential Zoning District having the following legal descnption Outlot D and Outlot E, Park Commons East, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case No. 03 -19 -PUD and the effect of the proposed preliminary PUD approval to permit 4500 square feet of retail/service and up to 120 units of owner -occupied housing in a 4 -story building with underground parking on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions and the effect on values of properties in the surrounding area 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) and 36-266(16). WHEREAS, the City Council approved the Preliminary PUD for the overall Park Commons East redevelopment on June 4, 2001, Resolution No 01-049; and WHEREAS, the City Council appioved the Final PUD for Park Commons East on July 23, 2001, Resolution 01-065, and WHEREAS, the City Council adopted Resolution No 01-091 on September 4, 2001 approving an amendment to the appioved Final PUD to change the name of the north -south Town Green streets to Grand Way and separate the plat and PUD resolutions, and WHEREAS, the City Council adopted Resolution No 01-146 on December 17, 2001 approving an amendment to the approved Final PUD to allow issuance of building permits for work through January 15, 2002 prior to recording of the Park Commons East plat, easement and planning contract, and WHEREAS, the Final PUD approval for Park Commons East granted concept approval only for future phases, requiring such phases to obtain subsequent Preliminary and Final PUD approval, and Resolution No. 03-096 -2- WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) for Phase NE (Excelsior and Grand Phase II) was received on May 28, 2003 (accepted as complete on June 16, 2003) 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, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on May 22, 2003, and WHEREAS, the Planning Commission opened the public hearing at the meeting of June 4, 2003 and continued that hearing to allow the applicant more time to submit required information, and WHEREAS, the Planning Commission held the continued public hearing on July 2, 2003 and recommended approval of the Preliminary PUD on a 5-0-1 vote, 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, and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos 01-065, 01-091, and 01-146, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, and WHEREAS, the contents of Planning Case Files 01 -07 -PUD and 03 -19 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-146 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of granting Preliminary PUD approval for Phase NE (Excelsior & Grand Phase II) permitting 4500 square feet of retail/service and up to 120 units of owner -occupied housing in a 4 -story building with underground parking within a M -X Mixed Use and R -C High Density Residential Zoning Distnct at the location described above based on the following conditions. 1 The site shall be developed, used, and maintained in conformance with the Final PUD 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 conditions of Final PUD approval a. to address the i ecommendations 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 381x' Street ( ) in front of Westmoreland Hills condominiums (38111 Street changed to Park Commons Drive by Ordinance No 2211-01 adopted on October 3, 2001 ) Resolution No 03-096 -3- d. to increase the length of the median at Market Avenue and Excelsior Boulevard per • the recommendation of the traffic consultant (Market Avenue changed to Grand Way per Final Plat and Condition No 1, adopted on September 4, 200.1.) 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 froin Metro Transit regarding transit locations and improvements i. to address conditions of iequired permits from the Watershed Distnct, MPCA, and City to show the names of streets as approved on the Final Plat and current names of 38`11/39`h Street, which may be changed later by ordinance. (38`"/39`h Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) 2 The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyaids, 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 3. 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. ® 4. All parking shall be open to the general public at all times except as follows: on -street parking may be restncted by the City, below -ground parking may be restricted to building residents, and a plan for valet packing may be approved by the City. 5 If parking is deemed inadequate by the City based upon evidence of parking in fire lanes, dnve aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 6. Proposed "Grand Place" north of 38111/39111 may be closed for events as approved by the City. (Street names changed to Grand Way and Park Commons Drive per Final Plat and Condition No 1 adopted on September 4, 2001.) 7 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 8 Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract a constiuction 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 :i :151111,1:11 141 Resolution No 03-096 '-4= ° 9. 10. 11 12 _ 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`h/3,th until permanent sidewalks/streetscape are completed during construction of each future phase (38`�'/39`h Street changed to Park Commons Drive per Ordinance No 2211-01 adopted on October 3, 2001.) f construction of the Phase 1 public parking ramps in accordance with approved final plans construction of the police substation and public restrooms in accordance with approved final plans construction of traffic improvements and installation of traffic control and directional signage in accordance with approved final plans. construction of 18 pioject-based two-bedroom Section 8 units in accordance with public housing agreements Pnor to any site work other than demolition for Park Commons East Phase One: the Final Plat and PUD for Phase 1 shall be approved. final construction documents , for public infrastructure (street, underground utilities, not streetscape) improvements shall be approved by the Public Works Director 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 the MPCA shall be informed of the plans to regrade the southern portion of Wolfe Palk and approval shall be received prior to regrading the park, if needed. a final tree preservation plan shall be approved by the Zoning Administrator and any necessary construction fencing shall be in place 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 Pnor to issuance of any building permits, which may impose additional conditions: Evidence of recording the final plat, easements, and planning contract shall be submitted to the City ,except that Section 14 912F of the St. Louis Park Ordinance Code and the recording requirements are waived to allow, prior to recording of the plat, easement and planning contract, the issuance of building permits authorizing work through and including January 15, 2002. the Indirect Source Permit shall be approved by the MPCA, if necessary. A lighting and photometric plan shall be approved by the -Zoning Administrator. An irrigation plan shall be approved by the Zoning Administrator Exterior building material/colors shall be approved by the Zoning Administrator. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. Pnor to installation of any private signage, sign permits shall be approved by the Zoning Administrator Future phases of the Final Plat and PUD are approved in general concept only and subject to the following conditions of approval All future phases are required to apply for subsequent Preliminary and Final Plat and 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 during construction of each future phase g. h. 1. a. b. c. d. e. f. a. b. c. d. e f. a. • • Resolution No 03-096 -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. (Amended by Condition No. 14 on August 4, 2003 ) 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 Cityl may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropnate, including potential transit and parking uses e Variances 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 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. 13. 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 lots between the public street and building setback. 14. The Planned Unit Development shall be amended on August 4, 2003 to incorporate all of the preceding conditions and to grant Preliminary PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase 11) subject to the following conditions: a. The proposed official exhibits shall be amended pnor to signing to meet the following conditions 1 to show building setbacks ori all plans consistent with the Site Development Plans stamped as received by the City on July 21, 2003 and further clarifying that there will not be any steps or other permanent building improvements on public property 11 to show sticetscclpe amenities matching Phase I including adequate street lighting using black poles on Grand Way and green poles elsewhere, adequate space for regulatory/directional signage, adequate bicycle parking in appropriate places, adequate outdoor seating and planter areas, and to show minimum clear sidewalk widths -of 8 feet along the "M -X" borders and 6 feet along the "R -C" borders iii. to eliminate fencing from public lands iv to address utility comments of the Public Works Department. b As -built exhibits of Phase One showing administrative and other changes to the approved official exhibits shall be submitted prior to Planning Commission consideration of the Phase Il Final Plat/PUD c. Final PUD/Plat, association documents, and the future "CIC" plat shall meet all requirements of the City Attorney. Resolution No. 03-096 -6- d. Construction staging, limits; hours, ,and impacts on use of adjacent and nearby to��,,1,1• y° �u �i�G;;1�tiAf°a streets, parking, side aIks„,and';,parksspacjshall be subject to approval of the Public Works Director, Cotrimunity Development Director, and Park & Recreation Director A detailed'sch'edule and staging plan shall be submitted prior to Final PUD consideration e There shall be a minimum of approximately 4,500 square feet of gross leasable ground floor retail/service space in the "M -X” District portion of Phase II. f There shall be a maximum of 120 condominium units and such development shall include individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway and a minimum of four two-story units g. There shall be a minimum of approximately 177 below -ground residential parking stalls in Phase 11 Construction of interim parking on future phase lots or an alternate solution will be required if adequate public parking is not maintained in accordance with PUD and contract requirements. architecture is subject to meeting the requirements for plan submittal of all exterior materials/colors for Final PUD h. The proposed revisions and considei ation The proposed landscape plan is subject to meeting the requirements for plan revisions and submittal of all landscape and streetscape details for Final PUD consideration The Final PUD landscape plan submittal shall include a proposed solution for screening Westmoreland Hills condominiums from the headlights of vehicles exiting the underground resident parking and plan for additional parking and tree replacement on the east side of Wolfe Parkway (old Natchez Ave.). k The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase II approvals and to address, at a minimum, changes in the approved number of condominium units, construction staging/routes/hours/duration, required completion of improvements prior to occupancy and to address town green/park use, allowable administrative amendments, revised construction commencement/completion dates, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney 1. A new sidewalk easement shall be recorded against the Phase II property, and as - built Phase I drawings shall be submitted and recorded per the executed Phase I sidewalk easement 1,.rw N .H Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to acceptance of Final PUD application as complete. Reviewej for Administration ity anager Attest: Ci � Clerk M C-4 ted Jay the, ity Council August 4, 2003 M • / 3843'752 (...1m iii rrt ii -12 rn —4 z - • -n o 0 1'V 0E=i C' -nim o mKu' a 0z C7 Z o x. RESOLUTION NO. 03-096 0 -nA m rVi 33 m Co Amends and Restates Resolutions No. 01-065, 01-091, and 01-146 A RESOLUTION AMENDING AND RESTATING RESOLUTION 01-146 ADOPTED ON DECEMBER 17, 2001 APPROVING AN AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "M -X" MIXED USE AND "R -C" HIGH DENSITY RESIDENTIAL • GRANTING PRELIMINARY PUD APPROVAL FOR PHASE NE (EXCELSIOR AND GRAND PHASE II) WHEREAS, Excelsior & Grand II, LLC, and the St. Louis Park EDA have made application to the City Council for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance Code to grant preliminary Planned Unit Development approval for Phase NE (Excelsior and Grand Phase II) within a M -X Mixed Use and R -C High Density Residential Zoning District having the following legal description: Outlot D and Outlot E, Park Commons East, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case No. 03 -19 -PUD and the effect of the proposed preliminary PUD approval to permit 4500 square feet of retail/service and up to 120 units of owner -occupied housing in a 4 -story building with underground parking on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions and the effect on values of properties in the surrounding area. 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) and 36-266(16). Resolution No. 03-096 -2- WHEREAS, the City Council approved the Preliminary PUD for the overall Park Commons East redevelopment on,June'4,'2001, Resolution No. 01-049; and WHEREAS, the City Council approved the Final PUD for Park Commons East on July 23, 2001, Resolution 01-065, and WHEREAS, the City Council adopted Resolution No. 01-091 on September 4, 2001 approving an amendment to the approved Final PUD to change the name of the north -south Town Green streets to Grand Way and separate the plat and PUD resolutions, and WHEREAS, the City Council adopted Resolution No. 01-146 on December 17, 2001 approving an amendment to the approved Final PUD to allow issuance of building permits for work through January 15, 2002 prior to recording of the Park Commons East plat, easement and planning contract, and WHEREAS, the Final PUD approval for Park Commons East granted concept approval only for future phases, requiring such phases to obtain subsequent Preliminary and Final PUD approval, and WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) for Phase NE (Excelsior and Grand Phase ll) was received on May 28, 2003 (accepted as complete on June 16, 2003) 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, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on May 22, 2003, and WHEREAS, the Planning Commission opened the public hearing at the meeting of June 4, 2003 and continued that hearing to allow the applicant more time to submit required information, and WHEREAS, the Planning Commission held the continued public hearing on July 2, 2003 and recommended approval of the Preliminary PUD on a 5-0-1 vote, 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, and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 01-065, 01-091, and 01-146, to add the amendments now • Resolution No. 03-096 -3- required, and to consolidate all conditions applicable to the subject property in this resolution, and WHEREAS, the contents of Planning Case Files 01 -07 -PUD and 03 -19 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-146 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of granting Preliminary PUD approval for Phase NE (Excelsior & Grand Phase II) permitting 4500 square feet of retail/service and up to 120 units of owner -occupied housing in a 4 -story building with underground parking within a M -X Mixed Use and R -C High Density Residential Zoning District at the location described above based on the following conditions: 1. The site shall be developed, used, and maintained in conformance with the Final PUD 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 conditions of Final PUD approval. • 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 ) in front of Westmoreland Hills condominiums. (38th Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) d. to increase the length of the median at Market Avenue and Excelsior Boulevard per the recommendation of the traffic consultant. (Market Avenue changed to Grand Way per Final Plat and Condition No. 1, adopted on September 4, 2001.) 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. i. to address conditions of required permits from the Watershed District, MPCA, and City. j. to show the names of streets as approved on the Final Plat and current names of 38th/39th Street, which may be changed later by ordinance. (38th/39th Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) 2. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare 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 Resolution No. 03-096 -4- based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. 3. 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. 4. 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. 5. 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. 6. Proposed "Grand Place" north of 38th/39th may be closed for events as approved by the City. (Street names changed to Grand Way and Park Commons Drive per Final Plat and Condition No. 1 adopted on September 4, 2001.) 7. 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. 8. 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 38th/39th until permanent sidewalks/streetscape are completed during construction of each future phase. (38th/39th Street changed to Park Commons Drive per Ordinance No. 2211-01 adopted on October 3, 2001.) 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. i. construction of 18 project -based two-bedroom Section 8 units in accordance with public housing agreements. 9. 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. • Resolution No. 03-096 -5- 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 during construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. 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 ,except that Section 14.912F of the St. Louis Park Ordinance Code and the recording requirements are waived to allow, prior to recording of the plat, easement and planning contract, the issuance of building permits authorizing work through and including January 15, 2002. 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 material/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. 11. Prior to installation of any private signage, sign permits shall be approved by the Zoning Administrator. 12. Future phases of the Final Plat and 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 Plat and 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 during construction of each future phase. 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. (Amended by Condition No. 14 on August 4, 2003.) 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 Resolution No. 03-096 -6- 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" 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 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. 13. Prior 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 lots between the public street and building setback. 14. The Planned Unit Development shall be amended on August 4, 2003 to incorporate all of the preceding conditions and to grant Preliminary PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase II) subject to the following conditions: a. The proposed official exhibits shall be amended prior to signing to meet the following conditions: i. to show building setbacks on all plans consistent with the Site Development Plans stamped as received by the City on July 21, 2003 and further clarifying that there will not be any steps or other permanent building improvements on public property. ii. to show streetscape amenities matching Phase I including adequate street lighting using black poles on Grand Way and green poles elsewhere, adequate space for regulatory/directional signage, adequate bicycle parking in appropriate places, adequate outdoor seating and planter areas, and to show minimum clear sidewalk widths of 8 feet along the "M -X" borders and 6 feet along the "R -C" borders. iii. to eliminate fencing from public lands. iv. to address utility comments of the Public Works Department. b. As -built exhibits of Phase One showing administrative and other changes to the approved official exhibits shall be submitted prior to Planning Commission consideration of the Phase II Final Plat/PUD. c. Final PUD/Plat, association documents, and the future "CIC" plat shall meet all requirements of the City Attorney. d. Construction staging, limits, hours, and impacts on use of adjacent and nearby streets, parking, sidewalks, and park space shall be subject to approval of the Public Works Director, Community Development Director, and Park & Recreation Director. A detailed schedule and staging plan shall be ,submitted prior to Final PUD consideration. e. There shall be a minimum of approximately 4,500 square feet of gross leasable ground floor retail/service space in the "M -X" District portion of Phase II. Resolution No. 03-096 -7- f. There shall be a maximum of 120 condominium units and such development shall include individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway and a minimum of four two-story units. g. There shall be a minimum of approximately 177 below -ground residential parking stalls in Phase II. Construction of interim parking on future phase lots or an alternate solution will be required if adequate public parking is not maintained in accordance with PUD and contract requirements. h. The proposed architecture is subject to meeting the requirements for plan revisions and submittal of all exterior materials/colors for Final PUD consideration. The proposed landscape plan is subject to meeting the requiremeuts for plan revisions and submittal of all landscape and streetscape details for Final PUD consideration. j. The Final PUD landscape plan submittal shall include a proposed solution for screening Westmoreland Hills condominiums from the headlights of vehicles exiting the underground resident parking and plan for additional parking and tree replacement on the east side of Wolfe Parkway (old Natchez Ave.). k. The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase II approvals and to address, at a minimum, changes in the approved number of condominium units, construction staging/routes/hours/duration, required completion of improvements prior to occupancy and to address town green/park use, allowable administrative amendments, revised construction commencement/completion dates, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney. 1. A new sidewalk easement shall be recorded against the Phase II property, and as - built Phase I drawings shall be submitted and recorded per the executed Phase I sidewalk easement. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to acceptance of Final PUD application as complete. 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 original Resolution No. 03-096 adopted at the St. Louis Park City Council meeting held on August 4, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of August, 2003. Deputy City Clerk