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HomeMy WebLinkAbout05-183 - ADMIN Resolution - City Council - 2005/12/19RESOLUTION NO. 05-183 Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, 03-126, 04-033, and 04-112 A RESOLUTION AMENDING AND RESTATING RESOLUTION 04-112 ADOPTED ON NOVEMBER 15, 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 NW (EXCELSIOR AND GRAND PHASE IV) WHEREAS, Excelsior & Grand III, 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 NW (Excelsior and Grand Phase IV) for property within a M -X Mixed Use and R -C High Density Residential Zoning Distnct having the following legal descnption. Outlot I, Park Commons East, Hennepin County, Minnesota WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -64 -PUD) and the effect of the proposed Final PUD 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 to permit 5,100 square feet of retail and 96 condominium units of owner -occupied housing in a 5 - story building with underground parking WHEREAS, the City Council has determined that the amendment to the PUD will not be detnmental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it 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 Resolution No. 05-183 -2- 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, the City Council approved the amendment to the Final PUD for Phase E (Excelsior and Grand Phase III) on November 15, 2004, Resolution No. 04-112, and WHEREAS, an application for approval of Final PUD for Phase NW (Excelsior and Grand Phase IV) was accepted as substantially complete on September 23, 2005, from the applicant, and WHEREAS, the Planning Commission recommended approval of the Final PUD for Phase NW (Excelsior and Grand Phase IV) on a 4-2 vote with four members present voting in the affirmative and two member present voting opposed, 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 , Resolution No. 05-183 -3- 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, 04-033 and 04-112 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, 04 -36 -PUD and 05 -64 -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. 04-112 (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 NW (Excelsior & Grand Phase IV) permitting 5,100 square feet of retail and 96 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) 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. .1• 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`h/39`h Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) 0 • Resolution No. 05-183 -4- 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, nght-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, and off-street parking as shown on the official exhibits based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. 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, dnve aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 6. Proposed "Grand Place" north of 38`h/39`h 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 38`h/39`h until permanent sidewalks/streetscape are completed during construction of each future phase. (38`h/39`h Street changed to Park Commons Drive per Ordinance No. 2211-01 adopted on October 3, 2001.) f. construction of the Phase 1 public parking ramps in accordance with approved final plans. 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 V directional signage in accordance with approved final plans. , 'Resolution No. 05-183 -5- 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 pnvate condominium parking during construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. 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, 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 photometnc plan shall be approved by the Zoning Administrator. d. An irrigation plan shall be approved by the Zoning Administrator. e. Exterior building material/colors shall be approved by the Zoning Administrator. f. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 11. Prior to installation of any private signage, sign permits shall be approved by the Zoning Administrator. 12. Future phases of the Final Plat and PUD are approved in general concept only and subject to the following conditions of approval: a. All future phases are required to apply for subsequent Preliminary and Final Plat and PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements. b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed during construction of each future phase. c. A minimum of 35 stacked townhomes for owner -occupants shall be included in Future Phase E and/or Future Phase NE; additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. (Amended by Condition No. 14 on August 4, 2003 and September 15, 2003.) , Resolution No. 05-183 -6- d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. e. Variances to the 80 feet minimum lot width of the "R -C" Distnct may be approved subject to Preliminary and Final Plat and PUD approvals. f. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. g. Approval 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. (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" 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 Dnve and Wolfe Parkway and a minimum of four two-story units. (Amended by Condition 15 on March 1, 2004) , Resolution No. 05-183 -7- 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 pnor to the start of Phase II construction or an alternate interim plan approved by the Zoning Administrator. 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. Pnor to starting any site work, the following conditions shall be met: i 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 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 Resolution No. 05-183 -8- advance and, if approved, the developer is required to provide notice to neighbor 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: 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 Administrator. 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 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. ii. 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 Drive and Westmoreland Hills Condominium Association. v. A plan approved by Public Works to reinforce those curbs impacted by delivery trucks along Meridian Lane and Park Commons Drive. vi. Updated drawings that indicate planting box sizes and locations, adequate bicycle parking in appropriate places, adequate outdoor seating areas. vii. Sign details for the Park Commons sign to be located at the corner of Monterey Drive and Excelsior Boulevard shall be submitted and approved by the Planning and Zoning Supervisor. kesblution No. 05-183 -9- b. There shall be a minimum of approximately 13,000 square feet of gross leasable ground floor retail/service space in the "M -X" Distnct 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: i. 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. 11. A trash corral shall be constructed +Fr west of Phase NW to accommodate all trash staging and removal generated from Phase I Building C and NW. iii. 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 at the trash room located at Phase I, Building A from the Phase NW trash corral or otherwise accommodated in a manner approved by the Director of Inspections and Community Developer Director. v. Phase NE trash will be staged and picked up from a trash corral to be constructed on the northeast side of Wolfe Parkway. vi. With the exception of the two trash enclosures to be constructed as part of the Phase NW approval, no trash receptacle staging and pick up will be allowed within any public right-of-way. (Amended December 19, 2005) f. Prior to starting any site work, the following conditions shall be met: i. 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 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/ completion dates, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney. of • o , Resolution No. 05-183 -10- iii. 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 District 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. Prior 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. i. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. (CONDITIONS FOR PHASE NW) 17. The Planned Unit Development shall be amended on December 19, 2005 to incorporate all of the preceding conditions as amended and to grant Final PUD approval to Park Commons East Phase NW subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase NW Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: 1. The Public Works Director shall approve the lighting plan. ii. The developer shall submit a full-scale copy and a reduced copy of the Phase NW Staging and Site Utilization Plan. iii. Detailed plans for construction worker parking shall be submitted and approved by the Planning and Zoning Supervisor. iv. The City Attorney shall approve the association documents and other Final Plat documents. v. Landscape Plan updates and landscape details consistent with existing details used throughout the Excelsior & Grand development shall be submitted that indicate updated planting box sizes and locations, adequate bicycle parking in appropriate places, adequate outdoor seating areas, plant species acceptable to the Environmental Coordinator. vi. Additional screening is to be provided between the proposed garage entrance onto Wolfe Parkway and Wolfe Lake Condominiums. b. There shall be a minimum of 5,100 square feet of gross leasable ground floor retail/service space in the "M -X" District portion of Phase NW. c. There shall be a maximum of 96 condominium units. d. There shall be a minimum of 147 below -ground residential parking stalls in Phase NW. e. The balcony of the 5th floor units shall remain open. No accessory structures, whether permanent or temporary in nature, shall be allowed. . Resolution No. 05-183 -11- f. The following facade design guidelines shall be applicable to all ground floor, non-residential facades located in all phases of the Excelsior & Grand development. i. Facade Transparency. Windows shall meet the following requirements: (a) For street -facing facades, no more than 10% of the total window area shall be glass block, mirrored, spandrel, frosted or other opaque glass. Also, no more than 10% of the total window area shall be signage that is applied to the inside or outside surface of the window. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. (b) Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. 11. Awnings. (a) Awnings and canopies must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited (b) Backlit awnings and canopies are prohibited. iii. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 -feet from the building wall, provided an 8 foot minimum horizontal clearance is maintained along Excelsior Boulevard and Monterey Avenue and a 6 -foot minimum horizontal clearance along all other streets is maintained between obstructions (trees, light poles, etc) on the sidewalk for the following purposes: (a) Display of merchandise provided it does not exceed more than 100 square feet per business. (b) Benches, planters, ornaments and art. (c) Signage, as permitted in the zoning ordinance. (d) Outdoor dining areas may exceed the 5 foot limit as further regulated by the zoning ordinance and planned unit development agreement. g. The canopy extending from the main entrance of the building to Park Commons Dnve shall not extend into the public right-of-way. h. Pnor to starting any site work, the following conditions shall be met: i. The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase NW approvals and to address, at a minimum, construction staging/routes/hours/duration, required completion of improvements prior to occupancy, allowable administrative amendments, revised construction commencement/completion dates, prevention of garage space sales to non- residents, and consistency between documents as required by the City Attorney. ii. A copy of permit from Minnehaha Creek Watershed Distnct must be provided. iii. An erosion control permit must be secured from the City. 1. The hours of Phase NW construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 0 l Resolution No. 05-183 -12- am and 5:00pm 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. j. Prior to issuance of any Phase NW building permits, which may impose additional conditions, color samples of all Phase NW materials not used on any of the prior phases, shall be submitted and approved by the Zoning Administrator. 1 k. 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) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requiremenlp 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 City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 05-183 adopted at the St. Louis Park City Council meeting held on December 19, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006. Nancy J. Strot CO- clerk 0 Resolution No. 05-183 -3- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 04-112 (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 NW (Excelsior & Grand Phase IV) permitting 5,100 square feet of retail and 96 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 descnbed above based on the following conditions: (CONDITIONS FOR EXCELSIOR & GRAND PHASE I) 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 38`" Street ) in front of Westmoreland Hills condominiums. (38th Street changed to Park Commons Dnve 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`"/39`" 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). Resolution No. 05-183 -4- 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. 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/reconstnzction 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 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. 14 . Resolution No. 05-183 -5- 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 dunng construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. 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, prior to recording of the plat, easement and planning contract, the issuance of building permits authonzing 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 matenal/colors shall be approved by the Zoning Administrator. f. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 11. Pnor 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 dunng 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.) Resolution No. 05-183 -6- d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. e. 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. 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. (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. 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" Distract 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) ' .! 1 6't •r Resolution No. 05-183 -7- 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. 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 intenm plan approved by the Zoning Administrator. 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: i 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 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 Resolution No. 05-183 -8- advance and, if approved, the developer is required to provide notice to neighbor 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 matenal, shall be submitted and approved by the Zoning Administrator. 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 extenor 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. (CONDITIONS FOR PHASE E) 16. The Planned Umt 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. ii. A supplemental drawing showing trash enclosures for Phase I buildings A, D, and F shall be submitted and approved by the City. iii. A loading dock area designed so that when delivery trucks are present there is a 6 -foot clear sidewalk along Meridian Lane. iv. Resolution of screening issues between the proposed entrance on Park Commons Drive and Westmoreland Hills Condominium Association. v. A plan approved by Public Works to reinforce those curbs impacted by delivery trucks along Meridian Lane and Park Commons Dnve. vi. Updated drawings that indicate planting box sizes and locations, adequate bicycle parking in appropriate places, adequate outdoor seating areas. Resolution No 05-183 -9- 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: 1. There shall be a minimum of 109 below -ground residential parking stalls in Phase E. ». 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: i. 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 west of Phase NW to accommodate all trash staging and removal generated from Phase I Building C and Phaso NW. No trash receptacle staging will be allowed within the Park Commons Dnve public right of way. iii 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 at the trash room located at Phase I, Building A from the Phase NW trash corral or otherwise accommodated in a manner approved by the Director of Inspections and Community Developer Director. v. Phase NE trash will be staged and picked up from a trash corral to be constructed on the northeast side of Wolfe Parkway. vi. With the exception of the two trash enclosures to be constructed as part of the Phase NW approval, no trash receptacle staging and pick up will be allowed within any public right-of-way. (Amended December 19, 2005) f. Prior to starting any site work, the following conditions shall be met: i. The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. Resolution No. 05-183 -10- ii. 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 prior to occupancy, allowable administrative amendments, revised construction commencement/ completion dates, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney. iii Phase I official exhibits shall be amended as required and signed by the City and applicant. iv. A copy of permit from Mmnehaha Creek Watershed District 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. (CONDITIONS FOR PHASE NW) 17. The Planned Unit Development shall be amended on December 19, 2005 to incorporate all of the preceding conditions as amended and to grant Final PUD approval to Park Commons East Phase NW subject to the following conditions: a The site shall be developed, used and maintained in conformance with the Phase NW Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: 1. The Public Works Director shall approve the lighting plan. 11. The developer shall submit a full-scale copy and a reduced copy of the Phase NW Staging and Site Utilization Plan. iii. Detailed plans for construction worker parking shall be submitted and approved by the Planning and Zoning Supervisor. iv. The City Attorney shall approve the association documents and other Final Plat documents. v. Landscape Plan updates and landscape details consistent with existing details used throughout the Excelsior & Grand development shall be submitted that indicate updated planting box sizes and locations, adequate bicycle parking in appropriate places, adequate outdoor seating areas, plant species acceptable to the Environmental Coordinator. vi. Additional screening is to be provided between the proposed garage entrance onto Wolfe Parkway and Wolfe Lake Condominiums. I J i,1 e•,f Resolution No. 05-183 -11- b. There shall be a minimum of 5,100 square feet of gross leasable ground floor retail/service space in the "M -X" District portion of Phase NW. c. There shall be a maximum of 96 condominium units. d. There shall be a minimum of 147 below -ground residential parking stalls in Phase NW. e. The balcony of the 5th floor units shall remain open. No accessory structures, whether permanent or temporary in nature, shall be allowed. f The following facade design guidelines shall be applicable to all ground floor, non-residential facades located in all phases of the Excelsior & Grand development. i. Facade Transparency. Windows shall meet the following requirements: (a) For street -facing facades, no more than 10% of the total window area shall be glass block, mirrored, spandrel, frosted or other opaque glass. Also, no more than 10% of the total window area shall be signage that is applied to the inside or outside surface of the window. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior (b) Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. 11. Awnings. (a) Awnings and canopies must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. (b) Backlit awnings and canopies are prohibited. iii. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 -feet from the building wall, provided an 8 foot minimum honzontal clearance is maintained along Excelsior Boulevard and Monterey Avenue and a 6 -foot minimum horizontal clearance along all other streets is maintained between obstructions (trees, light poles, etc) on the sidewalk for the following purposes: (a) Display of merchandise provided it does not exceed more than 100 square feet per business. (b) Benches, planters, ornaments and art. (c) Signage, as permitted in the zoning ordinance. (d) Outdoor dining areas may exceed the 5 foot limit as further regulated by the zoning ordinance and planned unit development agreement g. The canopy extending from the main entrance of the building to Park Commons Drive shall not extend into the public right-of-way. Resolution No. 05-183 -12- h. Prior to starting any site work, the following conditions shall be met: 1. The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase NW approvals and to address, at a minimum, construction staging/routes/hours/durations required completion of improvements prior to occupancy, allowable administrative amendments, revised construction commencement/completion dates, prevention of garage space sales to non- residents, and consistency between documents as required by the City Attorney. ii. A copy of permit from Minnehaha Creek Watershed District must be provided. iii. An erosion control permit must be secured from the City. The hours of Phase NW 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. Pnor to issuance of any Phase NW building permits, which may impose additional conditions, color samples of all Phase NW materials not used on any of the prior phases, shall be submitted and approved by the Zoning Administrator. k. 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) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. The ity Clerk is instructed to record certified copies of this resolution in the Office of the Henne in County Register of Deeds of Registrar of Titles as the case may be. Revi for Administration: wi L- WM__ City I . ager May Adopted by the City Council December 19, 2005 Attest: City Clerk • T • t TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVJCES BY TY 1111 II III 1 II I lI Doc No 8766440 03/21/2006 09 24 AM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 201545 RESOLUTION NO. 05-183 Deputy 2 Fees $35 50 DO $10 50 SUR $46 00 Total Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, 03-126, 04-033, and 04-112 A RESOLUTION AMENDING AND RESTATING RESOLUTION 04-112 ADOPTED ON NOVEMBER 15, 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 NW (EXCELSIOR AND GRAND PHASE IV) WHEREAS, Excelsior & Grand III, 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 NW (Excelsior and Grand Phase IV) for property within a M -X Mixed Use and R -C High Density Residential Zoning District having the following legal description: - Outlot I, Park Commons East, Hennepin County, Minnesota WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -64 -PUD) and the effect of the proposed Final PUD 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 to permit 5,100 square feet of retail and 96 condominium units of owner -occupied housing in a 5 - story building with underground parking 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