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HomeMy WebLinkAbout06-042 - ADMIN Resolution - City Council - 2006/04/25• • RESOLUTION NO. 06-042 RESOLUTION AMENDING RESOLUTION NO. 06-025 APPROVED ON FEBRUARY 6, 2006 APPROVING AN AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE, C-2 COMMERCIAL AND R -C HIGH DENSITY MULTIPLE FAMILY RESIDENCE DISTRICTS LOCATED AT THE NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND HIGHWAY 100 Amends and Restates Resolution 06-025 Major amendment to complete structural alterations at 5500 Excelsior Blvd. WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on April 5, 1993 from the applicants, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, notice of public hearing on the Preliminary PUD Plan was published in the St. Louis Park Sailor on May 5, 1993, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of May 5, 1993, and WHEREAS, the Planning Commission opened the public heanng at the meeting of May 17, 1993 and continued the hearing until June 2, 1993 and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of III November 1, 1993, and Resolution•No. 06-042 -2- WHEREAS, the Planning Commission recommended approval of the Final PUD on a 6- 0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision, WHEREAS, Resolution No. 93-183 approving the PUD was approved by the City Council on November 15, 1993; and WHEREAS, an application for an amendment for a PUD was received on July 26, 1994, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-103 approving an amendment to the PUD was approved by the City Council on August 1, 1994, and WHEREAS, an application for an amendment for a PUD was received on November 22, 1994, and WHEREAS, the City Council has considered the staff report on the proposed ® amendment including comments and exhibits, and WHEREAS, Resolution No. 94-180 approving an amendment to the PUD was approved by the City Council on December 5, 1994, and WHEREAS, on June 17, 2002, Frauenshuh Companies filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow a change in an approved use from a retail use to a restaurant use, and WHEREAS, on July 17, 2002, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 6-1 recommended approval of the major amendment to the PUD, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, on December 21, 2005, Granite City Food and Brewery, Ltd. filed an application seeking a minor amendment to the approved Planned Unit Development for Tower Place to allow modifications to the exterior of the structure, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, • • A 'Resolution`No. 06-042 -3- WHEREAS, on December 21, 2005, Granite City Food and Brewery, Ltd. filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow structural alterations at 5500 Excelsior Blvd., and WHEREAS, on February 15, 2006, the Planning Commission held a public heanng, received testimony from the public, reviewed the application, and on a vote of 6-0 recommended approval of the major amendment to the PUD, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Recitals The Recitals set forth above are incorporated herein and made part of this resolution. Findings 1. Frauenshuh Companies has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the "0" Office, C-2 Commercial and R -C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Boulevard and Highway 100 for the legal description as follows, to -wit: Lots 6 and 7, Block 1, Tower Place 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 93 -18 -PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety, or general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detnmental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City's Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14.6-7.2(E). 4. The contents of Planning Case File 93 -18 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. Resolution •No. 06-042 -4- Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and findings set forth above, the Approved Final Plans, and subject to the following conditions: 1. Approval of the roadway improvement plans submitted as part of the Indirect Source Permit application by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 2. Approval by the City and execution of a development agreement between the City and Frauenshuh Companies which identifies responsibilities of each relating to the project. 3. Recording of the final plat of Tower Place by Hennepin County. 4. The Contract for Private Development between the Economic Development Authonty (EDA) and Frauenshuh Companies is incorporated herein by reference. City Council intent is to implement both the Contract for Private Redevelopment and the development agreement and give effect to all provisions of each, including but not limited to the EDA's nght to review and approve Construction Plans as provided in Section 9.2 of said Contract for Private Development. ® 5. The approval of this Final PUD applies only to those elements listed as Phase I improvements on Exhibit A — Master Plan Phase I to be completed by Frauenshuh Companies on Lots 6 and 7 and the right-of-way adjacent thereto up to the curb of the adjacent road. This condition is subject to the limitation that the total square footage of the retail and theater development shall not exceed the lesser of 47,200 square feet or the square footage allocated to this development in the Indirect Source Permit as may be amended from time to time. 6. The City reserves the right to require the applicant to install a pedestrian access from any bus stop to be located on the north side of Excelsior Boulevard west of Park Nicollet Boulevard to the development site. 7. Development of Lots 6-7 Tower Place and improvements on adjacent right-of-way up to the curb of the adjacent road shall be in accordance with the following exhibits: Exhibit A — Site Layout (Sheets C2.3) (Amended by Condition No. 11 approved 8-19-02) Exhibit B — Site Utilities (Sheets C3.3) Exhibit C — Site Grading (Sheets C1 3) Exhibit D — Site Planting (Sheet L2.3) Exhibit E — Site Lighting (Sheet -E1) Exhibit F — Building Elevations (Sheets A2.00R, A.202R, A2.03R, A2.01R) (Amended by Condition No. 11 approved 8-19-02) Resolution No. 06-042 -5- The Site Layout (Exhibit A) is approved with the condition that vehicles leaving the site from the driveway on Park Center Boulevard shall be prohibited from making left turns to south bound Park Center Boulevard. The Development Agreement shall make provision for on-going monitoring of the need for the left turn prohibition and removal of the left turn prohibition if such monitoring indicates the prohibition is unnecessary. The Site Layout is based on the assumption the driveway on Excelsior Boulevard will allow both ingress to and egress from the site. The Floor Plans on Exhibit F are illustrative in nature and are subject to modification without amending this resolution. (Amended by Condition No. 8 approved 8-1-94) (Amended by Conditions 9 and 10 approved 12-5-94) 8. Condition number 7, Exhibit F is amended to delete Building Elevation Sheet A.202R and replace it with Building Elevation Sheet A-2 (Amended by Condition No. 9 approved 12-5-94) 9. Condition number 8, Exhibit F is amended to delete Building Elevation Sheet A-2 and replace it with' Building Elevations Sheet A-11 dated November 10, 1994. 10. Condition number 7, Exhibits A through D, is amended by deleting sheets C2.3, C3.3, C4.3 and L2.3 and replacing them with Sheets C2 1, C3.1, C4.1 and Planting Plan, all dated November 16, 1994. These exhibits are modified by Exhibit G, McDonalds Driveway Plan. 11. The final PUD shall be amended (Case No 02 -36 -PUD) on August 19, 2002 to incorporate all of the preceding conditions to allow a change in 3,500 sq. ft. of tenant space from retail to restaurant without intoxicating liquor (Chipotle) and add the following conditions: a. The site shall be developed, used, and maintained in accordance with the official exhibits (Exhibits A Site Layout and F Building Elevations shall be submitted), in the form of an as -built survey with proposed changes shown and shall be revised prior to signing the exhibits to meet the following conditions for the outdoor seating area on the southwest corner of the theater/mixed use building: 1. The outdoor seating area must provide a 5 foot wide sidewalk that is kept free of temporary and permanent obstruction. Such sidewalk must be 6 feet from and parallel to the building (or continue in a straight line from the sidewalk to the east). 2. The outdoor seating area cannot be enclosed with a fence. 3. A maximum of two existing handicap parking stalls may be removed to accommodate the outdoor seating area 4. The size of outdoor seating area cannot be more than 10% of the indoor restaurant area. b. Official exhibits as revised per condition 1 la. and updated to show as -built conditions on the overall site must be signed by the applicant and owner prior to issuance of a building permit. Such exhibits shall show the approved uses of this development to include: 7,000 square feet as restaurant with intoxicating liquor, 3,400 sq. ft as restaurants without intoxicating liquor and/or food service, • Resolution No. 06-042 -6- retail/service, 3,800 sq. ft. as restaurant with in -vehicle sales/service, and in the Theater/Mixed use building 26,000 sq. ft. for a theater, 900 sq. ft for retail/service, and 5,900 sq ft for retail or restaurant without intoxicating liquor. c. Required building, plumbing, electrical and other required permits shall be obtained from the City Such permits may impose additional conditions. d. All required improvements shall be completed pnor to issuance of a Certificate of Occupancy for the new restaurant without intoxicating liquor, including: 1. Intenor improvements in accordance with permit approval. 2. Compliance with Accessibility Code requirements. 3. Extenor exhaust chase must comply with the MN State Building Code. e. Pnor to installation of any new signs the applicant shall obtain sign permits. f. The applicant is responsible for the installation of the on-site regulation signage as recommended by SRF. 12. The final PUD shall be amended (Case No. 05 -75 -PUD) on February 6, 2006 to incorporate all of the preceding conditions to allow modifications to the exterior of the building at 5500 Excelsior Blvd. and add the following conditions: a. The extenor of the building at 5500 Excelsior Blvd. shall be modified as shown on Sheet A200 of the official exhibits. b. Required permits for construction and installation of signs shall be obtained from the City. Such permits may impose additional conditions. c. Any modifications to the building footpnnt shall require a Major Amendment to the Tower Place PUD. 13 The final PUD shall be amended (Case No. 05 -76 -CUP) on February 21, 2006 to incorporate all of the preceding conditions to allow structural alterations to the building at 5500 Excelsior Blvd. and add the following conditions: a. The site shall be developed and maintained in accordance with the official exhibits. b. No dining shall take place in the area planned for a brewery. 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 onginal Resolution No. 06-042 adopted at the St. Louis Park City Council meeting held on February 21, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 25th day of April, 2006. Ci0 Nancy Clerk