HomeMy WebLinkAbout04-112 - ADMIN Resolution - City Council - 2004/11/15•
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RESOLUTION NO. 04-112
Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096,
03-126, and 04-033
A RESOLUTION AMENDING AND RESTATING RESOLUTION 04-033 ADOPTED
ON MARCH 1, 2004 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 FINAL PUD APPROVAL FOR PHASE E
(EXCELSIOR AND GRAND PHASE III)
WHEREAS, Excelsior & Grand IV, 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 grant final Planned Unit Development approval for Phase
E (Excelsior and Grand Phase III) for property within a M -X Mixed Use and R -C High Density
Residential Zoning Distnct having the following legal description.
Outlot F and Outlot G, Park Commons East, Hennepin County, Minnesota
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 04 -36 -PUD) and the effect of the proposed Final PUD to permit
14,235 square feet of retail and 86 units (condominium lofts) of owner -occupied housing in a 5 -
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 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 senous traffic congestion nor hazards, nor will it
senously 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
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Resolution No. 04-112
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contemplated traffic improvements will it cause senous traffic congestion nor hazards, nor will it
senously 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
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 pnor 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 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 City Council approved the amendment to the Final PUD for Phase NE
(Excelsior and Grand Phase II) on March 1, 2004, Resolution No. 04-033, and
WHEREAS, an application for approval of Final PUD for Phase E (Excelsior and Grand
Phase III) was accepted as substantially complete on July 13, 2004, from the applicant, and
WHEREAS, the Planning Commission recommended approval of the Final PUD for
Phase E (Excelsior and Grand Phase III) on a 5-1 vote with five members present voting in the
affirmative and one member present voting opposed, and
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WHEREAS, the City Council considered the staff reports, Planning Commission minutes
and testimony of those appeanng 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, 03-126, and 04-033 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, 04 -03 -PUD,
and 04 -36 -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. 04-033 (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 Final PUD
approval for Phase E (Excelsior & Grand Phase III) permitting 14,235 square feet of retail and
86 units of owner -occupied housing in a 5 -story building with underground parking for property
located within a M -X Mixed Use and R -C High Density Residential Zoning Distnct at the
location described above based on the following conditions:
• (CONDITIONS FOR EXCELSIOR & GRAND PHASE I)
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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 (proposed Grand Place) 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 Distnct, MPCA,
and City.
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J• to show the names of streets as approved on the Final Plat and current names of
38`11/39`11 Street, which may be changed later by ordinance. (38`11/39`" 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 restncted 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,
dnve aisles or other inappropnate 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 38' .39 may be closed for events as approved by the
City. (Street names changed to Grand Way and Park Commons Dnve 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 dunng
construction of each future phase. (38th/39th Street changed to Park Commons
Dnve per Ordinance No. 2211-01 adopted on October 3, 2001.)
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construction of the Phase 1 public parking ramps in accordance with approved
final plans.
construction of the police substation and public restrooms
approved final plans.
construction of traffic improvements and installation of
directional signage in accordance with approved final plans
construction of 18 project -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
Park and approval shall be received pnor 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.
f plans for maintaining access to existing pnvate 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.
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, pnor 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.
Extenor building matenal/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.
Prior 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.
Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be
completed dunng construction of each future phase.
in accordance with
traffic control and
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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 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 intenm parking as approved by the City,
and must include 75 weekday and 200 evening/weekend parking spaces, in excess
of other needs of the development, for town green and Wolfe Park uses.
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 pnvate development lots between the public street and building setback.
(CONDITIONS FOR EXCELSIOR & GRAND PHASE II OR NE)
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
11. All plans shall reflect additional parking on the east side of Wolfe
Parkway as approved by the Zoning Administrator and Public Works
Director.
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" Distnct portion of Phase II.
c. There shall be a maximum of 120 condominium units and such development shall
include individual extenor entrances for ground floor units along Park Commons
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Dnve 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:
1 There shall be a minimum of approximately 177 below -ground parking
spaces for residents in Phase II.
11. 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.
111. 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
pnor to the start of Phase II construction or an alternate intenm 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.
11. 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.
ni. 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 intenm 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
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
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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. Pnor to issuance of any Phase II building permits, which may impose additional
conditions, the following conditions shall be met:
1. color samples of all Phase II materials not used on Phase I, including a
color sample of the Phase II crown matenal, shall be submitted and
approved by the Zoning Adminstrator.
11 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 Dnve 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.
CONDITIONS FOR PHASE E
16 The Planned Unit Development shall be amended on September 20, 2004 to incorporate
all of the preceding conditions and to grant Final PUD approval to Park Commons East
Phase E (Excelsior and Grand Phase III) subject to the following conditions:
a. The site shall be developed, used and maintained in conformance with the Phase
III Final PUD official exhibits, which shall be amended prior to signing to meet
the following conditions.
i. Double fixture lights with green poles matching Phase I shall be added as
necessary to meet light levels as required by the Public Works Director.
11. A supplemental drawing showing trash enclosures for Phase I buildings A,
D, and F shall be submitted and approved by the City.
in. A loading dock area designed so that when delivery trucks are present
there is a 6 -foot clear sidewalk along Mendian Lane.
iv. Resolution of screening issues between the proposed entrance on Park
Commons Dnve and Westmoreland Hills Condominium Association.
v. A plan approved by Public Works to reinforce those curbs impacted by
delivery trucks along Mendian Lane and Park Commons Dnve.
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Resolution No. 04-112 -9-
vi. Updated drawings that indicate planting box sizes and locations, adequate
bicycle parking in appropnate places, adequate outdoor seating areas.
vii. Sign details for the Park Commons sign to be located at the corner of
Monterey Dnve and Excelsior Boulevard shall be submitted and approved
by the Planning and Zoning Supervisor.
b. There shall be a minimum of approximately 13,000 square feet of gross leasable
ground floor retail/service space in the "M -X" District portion of Phase E.
c There shall be a maximum of 86 condominium units and such development shall
include individual exterior entrances for ground floor units along Meridian Lane.
d. Parking shall comply with the following.
i. There shall be a minimum of 109 below -ground residential parking stalls
in Phase E.
ii. There shall be a minimum of 58 off-street, on -grade parking spaces to
accommodate the retail portion of Phase E.
iii. Future Phase NW shall not be used for construction worker parking,
construction staging or construction trailers. Alternative 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.
iv. Construction worker parking shall be accommodated on the upper level of
the Phase I parking ramp.
e. Trash handling for Phase I shall be as follows.
1. Phase I, Building F trash will be staged and picked up from Phase E
loading dock or otherwise accommodated in a manner approved by the
Director of Inspections and Community Developer Director.
ii. A trash corral shall be constructed in Phase NW to accommodate all trash
staging and removal generated from Phase I Building C and Phase NW.
No trash receptacle staging will be allowed within the Park Commons
Dnve public nght of way.
111. Phase I, Building D trash will be staged and removed from the Building D
truck dock. A bnck wall will be constructed to screen outdoor storage of
trash receptacles from the public view
iv. Phase I, Building A trash will be staged and picked up from the Phase NW
trash corral or otherwise accommodated in a manner approved by the
Director of Inspections and Community Developer Director.
f. Pnor 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.
H. The Planning and EDA Redevelopment Contracts shall be amended to
reflect all changes as necessary to address the Phase E approvals and to
address, at a minimum, construction staging/routes/hours/duration,
required completion of improvements pnor to occupancy, allowable
administrative amendments, revised construction commencement/
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completion dates, prevention of garage space sales to non-residents, and
consistency between documents as required by the City Attorney
111. Phase I official exhibits shall be amended as required and signed by the
City and applicant.
iv. A copy of permit from Minnehaha Creek Watershed Distnct must be
provided.
v. An erosion control permit must be secured from the City.
g. The hours of Phase E 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.
h Pnor to issuance of any Phase E building permits, which may impose additional
conditions, color samples of all Phase E materials not used on Phase I, shall be
submitted and approved by the Planning and Zoning Supervisor
1. The developer shall pay an administrative fine of $750 per violation of any
condition of this approval.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) pnor to issuance of building permit.
Approval of a Building Permit, which may impose additional requirements
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds of Registrar of Titles as the case may be.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST LOUIS PARK )
The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park,
Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the
onginal Resolution No. 04-112 adopted at the St. Louis Park City Council meeting held on
September 20, 2004.
WITNESS my hand and the Seal of the City of St. Louis Park this 15th day of November,
2004.
eputy City Clerk