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HomeMy WebLinkAbout04-033 - ADMIN Resolution - City Council - 2004/03/01RESOLUTION NO. 04-033 Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, and 03-126 A RESOLUTION AMENDING AND RESTATING RESOLUTION 03-126 ADOPTED ON SEPTEMBER 15, 2003 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 AMENDMENT TO A FINAL PUD TO CONVERT FOUR TWO-STORY UNITS TO EIGHT ONE-STORY UNITS FOR PHASE NE (EXCELSIOR AND GRAND PHASE II) WHEREAS, Excelsior & Grand II, LLC has 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 convert four two-story units to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within a M -X Mixed Use and R -C High Density Residential Zoning District having the following legal description: Lot 1, Block 1, Park Commons East Second Addition WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -03 -PUD) and the effect of the proposed amendment to the Final PUD to permit the conversion of four two-story units to eight one-story units 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 effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. WHEREAS, the City Council has determined that the amendment to 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 Final 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 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 • Resolution No. 04-033 -2- 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, the City Council approved the Preliminary PUD for Phase NE (Excelsior and Grand Phase II) on August 4, 2003, Resolution No. 03-096; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was accepted as substantially complete on August 28, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of September 3, 2003, and WHEREAS, the Planning Commission recommended approval of the Final PUD for Phase NE (Excelsior and Grand Phase II) on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council approved the Final PUD for Phase NE (Excelsior and Grand Phase II) on September 15, 2003, Resolution No. 03-126, and WHEREAS, the Planning Commission recommended approval of the amendment to the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of February 18, 2004 on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council 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, 01-146, 03-096, and 03-126 to add the amendment 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, 03 -19 -PUD, and 04 -03 - 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. 03-126 (filed as Document No. 8227407) 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 permitting the conversion of four two-story units to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within a M -X Mixed Use and R -C High Density Residential Zoning District at the location described above based on the following conditions: Resolution No. 04-033 -3- 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. 1. to address conditions of required permits from the Watershed District, MPCA, and City. �. to show the names of streets as approved on the Final Plat and current names of 38th/39t' 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.) k. to address final construction changes to the Phase I Official Exhibits and to adopt Final PUD Official Exhibits for Phase II in accordance with condition 14 (adopted on September 15, 2003). 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 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. Resolution No. 04-033 -4- 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. 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 • b. authorizing work through and including January 15, 2002. 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. Resolution No. 04-033 -5- 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 and September 15, 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 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 September 15, 2003 to incorporate all of the preceding conditions and to grant Final PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase II) subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase II Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: i. Double fixture lights matching Phase I shall be added as necessary to meet light levels as required by the Public Works Director. Black light poles shall be used along Grand Way and green poles elsewhere to match Phase I. ii. All plans shall reflect additional parking on the east side of Wolfe Parkway as approved by the Zoning Administrator and Public Works Director. Resolution No. 04-033 -6- iii. Plant species east of Wolfe Parkway shall be approved by the Park & Recreation Director. (Amended by Condition 15 on March 1, 2004) b. 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. c. 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. (Amended by Condition 15 on March 1, 2004) d. Parking shall comply with the following: i. There shall be a minimum of approximately 177 below -ground parking spaces for residents in Phase II. ii. Temporary public parking on future phase NW is required to be completed and available from May 15, 2003 until all permanent pubhc parking is restored and available. Future phase NW shall not be used for construction worker parking, construction staging or construction trailers. Alternate parking solutions will be required if adequate public parking is not maintained at all times in accordance with PUD, redevelopment agreement and planning contract requirements. iii. Construction worker parking and screening shall be installed on Future Phase E in accordance with final plans approved by the Zoning Administrator; construction worker parking shall be installed and available prior to the start of Phase II construction or an alternate interim plan approved by the Zoning Adminstrator. Future Phase E shall not be used for construction staging or construction trailers. Approval of the temporary gravel surface is contingent upon the developer maintaining adequate dust control. e. Prior to starting any site work, the following conditions shall be met: The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. ii. 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 and rental to non-residents, and consistency between documents as required and approved by the City Attorney. iii. A new sidewalk easement shall be approved by the City Attorney and recorded against the Phase II property, and as -built Phase I drawings shall be recorded per the executed Phase I sidewalk easement. iv. Phase I and Phase II official exhibits shall be amended as required and signed by the City and applicant. v. Construction worker parking and screening shall be installed and available for use or an alternate interim plan approved by the Zoning Administrator. Approval of the temporary gravel surface on Future Phase E is contingent upon the developer maintaining adequate dust control Resolution No. 04-033 -7- f. The hours of Phase II construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to' the, hours ,between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. The Zoning Administrator may approve outdoor construction beyond 5:00 pm weekdays and on weekends provided the developer requests such approval at least 24 hours in advance and, if approved, the developer is required to provide notice to neighbors as determined by the Zoning Administrator. Construction activity shall comply with all City ordinances at all times. g. Prior to issuance of any Phase II building permits, which may impose additional conditions, the following conditions shall be met: i. color samples of all Phase II materials not used on Phase I, including a color sample of the Phase II crown material, shall be submitted and approved by the Zoning Adminstrator. ii. a final lighting plan shall be approved by the Public Works Director and Zoning Admimstrator. h. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. 15. The Planned Unit Development shall be amended on March 1, 2004 to allow the conversion of four two-story units to eight one-story units for a total of 124 Phase NE (Excelsior & Grand Phase II) condominium units and to incorporate all of the preceding conditions and add the following conditions: a. Retention of the individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway. b. Retention of 177 below -ground resident spaces in Phase II. c. Execution of amendments to the Planning Contract, EDA Redevelopment Contract, and any other documents that may require amendment as determined by the City and EDA Attorneys. Such amendments may be required to be executed prior to issuance of a building permit addendum for the condominium unit changes. d. Adherence to all other previously approved PUD and plat conditions. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. The C. C -rk is instructed to record certified copies of this resolution in the Office of the Hennetin C unty Register of Deeds of Registrar of Titles as the case may be. Reviewed s Adm. stration: City Mana er / /I Attest: Clerk ted by theity Council March 1, 2004 M 11ISgq-S OFFICE OF THE REGISTRAR OF TITLES 14,11A HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON SEP 21 2004 REGISTRAR I F TITLES BY DEPUTY RESOLUTION NO. 04-033 Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, and 03-126 A RESOLUTION AMENDING AND RESTATING RESOLUTION 03-126 ADOPTED ON SEPTEMBER 15, 2003 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 AMENDMENT TO A FINAL PUD TO CONVERT FOUR TWO-STORY UNITS TO EIGHT ONE-STORY UNITS FOR PHASE NE (EXCELSIOR AND GRAND PHASE II) WHEREAS, Excelsior & Grand II, LLC has made application to the City Council for a major amendment to a Final Planned Umt Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance Code to convert four two-story units to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within a M -X Mixed Use and R -C High Density Residential Zoning District having the following legal description: Lot 1, Block 1, Park Commons East Second Addition WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -03 -PUD) and the effect of the proposed amendment to the Final PUD to permit the conversion of four two-story units to eight one-story units 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 effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. WHEREAS, the City Council has determined that the amendment to 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 Final PUD is in harmony with the general purpose and intent of the Zoning Ordinance Voand the Comprehensive Plan and that the requested modifications comply with the requirements f 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 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 • Resolution No. 04-033 -2- 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, the City Council approved the Preliminary PUD for Phase NE (Excelsior and Grand Phase II) on August 4, 2003, Resolution No. 03-096; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was accepted as substantially complete on August 28, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of September 3, 2003, and WHEREAS, the Planning Commission recommended approval of the Final PUD for Phase NE (Excelsior and Grand Phase II) on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council approved the Final PUD for Phase NE (Excelsior and ® Grand Phase II) on September 15, 2003, Resolution No. 03-126, and WHEREAS, the Planning Commission recommended approval of the amendment to the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of February 18, 2004 on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council 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, 01-146, 03-096, and 03-126 to add the amendment 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, 03 -19 -PUD, and 04 -03 - 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. 03-126 (filed as Document No. 8227407) 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 permitting the conversion of four two-story units to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within a M -X Mixed Use and R -C High Density Residential Zoning District at the location described above based on the following conditions: Resolution No. 04-033 -3- • 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 38`h/39tb 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.) k. to address final construction changes to the Phase I Official Exhibits and to adopt Final PUD Official Exhibits for Phase II in accordance with condition 14 (adopted on September 15, 2003). 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 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. Resolution No. 04-033 -4- • 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/39t until permanent sidewalks/streetscape are completed during construction of each future phase. (38th/39th Street changed to Park Commons Dnve 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. 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. Resolution No. 04-033 -5- 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 pnvate 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 and September 15, 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 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 September 15, 2003 to incorporate all of the preceding conditions and to grant Final PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase II) subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase II Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: i. Double fixture lights matching Phase I shall be added as necessary to meet light levels as required by the Public Works Director. Black light poles shall be used along Grand Way and green poles elsewhere to match Phase I. ii. All plans shall reflect additional parking on the east side of Wolfe Parkway as approved by the Zoning Administrator and Public Works Director. Resolution No. 04-033 -6- iii. Plant species east of Wolfe Parkway shall be approved by the Park & Recreation Director. (Amended by Condition 15 on March 1, 2004) b. 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. c. 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. (Amended by Condition 15 on March 1, 2004) d. Parking shall comply with the following: i. There shall be a minimum of approximately 177 below -ground parking spaces for residents in Phase II. ii. Temporary public parking on future phase NW is required to be completed and available from May 15, 2003 until all permanent public parking is restored and available. Future phase NW shall not be used for construction worker parking, construction staging or construction trailers. Alternate parking solutions will be required if adequate public parking is not maintained at all times in accordance with PUD, redevelopment agreement and planning contract requirements. iii. Construction worker parking and screening shall be installed on Future Phase E in accordance with final plans approved by the Zoning Administrator; construction worker parking shall be installed and available prior to the start of Phase II construction or an alternate interim plan approved by the Zoning Adminstrator. Future Phase E shall not be used for construction staging or construction trailers. Approval of the temporary gravel surface is contingent upon the developer maintaining adequate dust control. e. Prior to starting any site work, the following conditions shall be met: The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. ii. 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 and rental to non-residents, and consistency between documents as required and approved by the City Attorney. iii. A new sidewalk easement shall be approved by the City Attorney and recorded against the Phase II property, and as -built Phase I drawings shall be recorded per the executed Phase I sidewalk easement. iv. Phase I and Phase II official exhibits shall be amended as required and signed by the City and applicant. v. Construction worker parking and screening shall be installed and available for use or an alternate interim plan approved by the Zoning Administrator. Approval of the temporary gravel surface on Future Phase E is contingent upon the developer maintaining adequate dust control Resolution No. 04-033 -7- f. The hours of Phase II construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to the hours between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. The Zoning Administrator may approve outdoor construction beyond 5:00 pm weekdays and on weekends provided the developer requests such approval at least 24 hours in advance and, if approved, the developer is required to provide notice to neighbors as determined by the Zoning Administrator. Construction activity shall comply with all City ordinances at all times. g. Prior to issuance of any Phase II building permits, which may impose additional conditions, the following conditions shall be met: i. color samples of all Phase II materials not used on Phase I, including a color sample of the Phase II crown material, shall be submitted and approved by the Zoning Adminstrator. ii. a final lighting plan shall be approved by the Public Works Director and Zoning Administrator. h. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. 15. The Planned Unit Development shall be amended on March 1, 2004 to allow the conversion of four two-story units to eight one-story units for a total of 124 Phase NE (Excelsior & Grand Phase II) condominium units and to incorporate all of the preceding conditions and add the following conditions: a. Retention of the individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway. b. Retention of 177 below -ground resident spaces in Phase II. c. Execution of amendments to the Planning Contract, EDA Redevelopment Contract, and any other documents that may require amendment as determined by the City and EDA Attorneys. Such amendments may be required to be executed prior to issuance of a building permit addendum for the condominium unit changes. d. Adherence to all other previously approved PUD and plat conditions. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. The C. C -rk is instructed to record certified copies of this resolution in the Office of the Hennepin C unty Register of Deeds of Registrar of Titles as the case may be. Reviewed r Adm stration: City Mana er / /1 Attest: 1/62_,„pLc;,— Clerk ted by the ity Council March 1, 2004 M • o..,,,,,,,,-- SCANNED uni�,SCANNED 0 CITY LOUIS OF ST. PARK • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 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 onginal Resolution No 04-033, adopted March 1, 2004, 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. TRANSFER ENTERED— HENNEPIN COUNTY TAXPAYER SERVICES SEP 1 4 2004 171 Nancy J. Stro Deputy City Clerk Date : September 8, 2004 CI ca RESOLUTION NO. 04-033 Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, and 03-126 A RESOLUTION AMENDING AND RESTATING RESOLUTION 03-126 ADOPTED ON SEPTEMBER 15, 2003 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 AMENDMENT TO A FINAL PUD TO CONVERT FOUR TWO-STORY UNITS TO EIGHT ONE-STORY UNITS FOR PHASE NE (EXCELSIOR AND GRAND PHASE II) WHEREAS, Excelsior & Grand II, LLC has 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 convert four two-story units to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within a M -X Mixed Use and R -C High Density Residential Zoning District having the following legal description: V' Lot 1, Block 1, Park Commons East Second Addition WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -03 -PUD) and the effect of the proposed amendment to the Final PUD to permit the conversion of four two-story units to eight one-story units 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 effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. WHEREAS, the City Council has determined that the amendment to 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 Final 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 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 Resolution No. 04-033 -2- 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, the City Council approved the Preliminary PUD for Phase NE (Excelsior and Grand Phase II) on August 4, 2003, Resolution No. 03-096; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was accepted as substantially complete on August 28, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of September 3, 2003, and WHEREAS, the Planning Commission recommended approval of the Final PUD for Phase NE (Excelsior and Grand Phase II) on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council approved the Final PUD for Phase NE (Excelsior and Grand Phase II) on September 15, 2003, Resolution No. 03-126, and WHEREAS, the Planning Commission recommended approval of the amendment to the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of February 18, 2004 on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council 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, 01-146, 03-096, and 03-126 to add the amendment 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, 03 -19 -PUD, and 04 -03 - 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. 03-126 (filed as Document No. 8227407) 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 permitting the conversion of four two-story units to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within a M -X Mixed Use and R -C High Density Residential Zoning District at the location described above based on the following conditions: Resolution No. 04-033 -3- 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 38`h/39`h Street, which may be changed later by ordinance. (38`11/39`h Street • changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) k. to address final construction changes to the Phase I Official Exhibits and to adopt Final PUD Official Exhibits for Phase II in accordance with condition 14 (adopted on September 15, 2003). 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 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. Resolution No. 04-033 -4- 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. 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. Resolution No. 04-033 -5- 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 and September 15, 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 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 September 15, 2003 to incorporate all of the preceding conditions and to grant Final PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase II) subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase II Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: i. Double fixture lights matching Phase I shall be added as necessary to meet light levels as required by the Public Works Director. Black light poles shall be used along Grand Way and green poles elsewhere to match Phase I. ii. All plans shall reflect additional parking on the east side of Wolfe Parkway as approved by the Zoning Administrator and Public Works Director. Resolution No. 04-033 -6- iii. Plant species east of Wolfe Parkway shall be approved by the Park & Recreation Director. (Amended by Condition 15 on March 1,2004) b. 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. c. 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. (Amended by Condition 15 on March 1, 2004) d. Parking shall comply with the following: i. There shall be a minimum of approximately 177 below -ground parking spaces for residents in Phase II. ii. Temporary public parking on future phase NW is required to be completed and available from May 15, 2003 until all permanent public parking is restored and available. Future phase NW shall not be used for construction worker parking, construction staging or construction trailers. Alternate parking solutions will be required if adequate public parking is not maintained at all times in accordance with PUD, redevelopment agreement and planning contract requirements. iii. Construction worker parking and screening shall be installed on Future Phase E in accordance with final plans approved by the Zoning Administrator; construction worker parking shall be installed and available prior to the start of Phase II construction or an alternate interim plan approved by the Zoning Adminstrator. Future Phase E shall not be used for construction staging or construction trailers. Approval of the temporary gravel surface is contingent upon the developer maintaining adequate dust control. e. Prior to starting any site work, the following conditions shall be met: 1 The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. ii. 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 and rental to non-residents, and consistency between documents as required and approved by the City Attorney. iii. A new sidewalk easement shall be approved by the City Attorney and recorded against the Phase II property, and as -built Phase I drawings shall be recorded per the executed Phase I sidewalk easement. iv. Phase I and Phase II official exhibits shall be amended as required and signed by the City and applicant. v. Construction worker parking and screening shall be installed and available for use or an alternate interim plan approved by the Zoning Administrator. Approval of the temporary gravel surface on Future Phase E is contingent upon the developer maintaining adequate dust control • • Resolution No. 04-033 -7- f. The hours of Phase II construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to the hours between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. The Zoning Administrator may approve outdoor construction beyond 5:00 pm weekdays and on weekends provided the developer requests such approval at least 24 hours in advance and, if approved, the developer is required to provide notice to neighbors as determined by the Zoning Administrator. Construction activity shall comply with all City ordinances at all times. g. Prior to issuance of any Phase II building permits, which may impose additional conditions, the following conditions shall be met: i. color samples of all Phase II materials not used on Phase I, including a color sample of the Phase II crown material, shall be submitted and approved by the Zoning Adminstrator. ii. a final lighting plan shall be approved by the Public Works Director and Zoning Administrator. h. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. 15. The Planned Unit Development shall be amended on March 1, 2004 to allow the conversion of four two-story units to eight one-story units for a total of 124 Phase NE (Excelsior & Grand Phase II) condominium units and to incorporate all of the preceding conditions and add the following conditions: a. Retention of the individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway. b. Retention of 177 below -ground resident spaces in Phase II. c. Execution of amendments to the Planning Contract, EDA Redevelopment Contract, and any other documents that may require amendment as determined by the City and EDA Attorneys. Such amendments may be required to be executed prior to issuance of a building permit addendum for the condominium unit changes. d. Adherence to all other previously approved PUD and plat conditions. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. The Ci, y C -rk is instructed to record certified copies of this resolution in the Office of the Hennepin C ! unty Register of Deeds of Registrar of Titles as the case may be. Reviewed r Adm I� M/ F 1 City Mana er stration: Attest: Clerk ted by the ity Council March 1, 2004 M • • • / Pe9 01-fr°33 1111 lit 1 1111111111111111 Doc No 8440124 09/20/2004 10 00 AM Certified filed and or recorded on above date Office of the County Oecorder Hennepin County, Mnesota Michael H Cunniff, Cou qty Recorder Deputy 58 Transl 60736 Fees $15 00 DOC ;-;4 $450 SUR $5 00 MAIL $24 50 Total 1 CITY • ST LourOFs PARK • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 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. 04-033, adopted March 1, 2004, 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. TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES SEP 1 4 2004 Nancy J. Strbthv Dzputy City Clerk Date : September 8, 2004