HomeMy WebLinkAbout07-030 - ADMIN Resolution - City Council - 2007/03/05RESOLUTION NO. 07-030
Amends and Restates Resolution Nos. 93-117, 96-180 and 03-141
RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 93-117
ADOPTED ON AUGUST 2, 1993, 96-180 ADOPTED NOVEMBER 18, 1996,
AND 03-141 ADOPTED OCTOBER 7, 2003 AMENDING THE FINAL
PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST.
LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR
PROPERTY ZONED O — OFFICE, C2 — COMMERCIAL AND RC — HIGH
DENSITY MULTIPLE FAMILY RESIDENTIAL LOCATED AT THE
NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND
HIGHWAY 100
WHEREAS, Park Nicollet applied to the City Council for a Minor Amendment to the
Final Planned Unit Development (Final PUD) for Park Nicollet Medical Center, legally
described as:
Lots 1-5, Block 1, Tower Place
WHEREAS, Park Nicollet proposes to make parking lot circulation and parking
structure improvements at 3800 and 3900 Park Nicollet Boulevard and 5100 Excelsior
Boulevard, legally descnbed as Lots 1, 4 and 5, Block 1, Tower Place; and
WHEREAS, the City Council considered the information related to Planning Case No
07 -03 -PUD and the effect of the proposed parking lot circulation and parking structure
improvements on the health, safety, and welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions, the effect on values of properties in the surrounding
area and the effect of the use on the Comprehensive Plan, and compliance with the provisions of
the Zoning Ordinance; and
WHEREAS, a Final PUD for Phase I - Park Nicollet Medical Center was approved
regarding the subject property to permit Phase I of a medical clinic pursuant to Resolution No
93-117 of the St Louis Park City Council dated August 2, 1993 which contained conditions
applicable to said property, and
WHEREAS, a Final PUD was approved for a portion of Phase II development to allow a
two-story expansion and remodeling of the 3850 Park Nicollet Boulevard medical clinic building
pursuant to Resolution No. 96-180 of the St. Louis Park City Council dated November 18, 1996
which contained conditions applicable to said property; and
WHEREAS, a Minor Amendment to the Final PUD was approved for an interim parking
lot expansion at 3850 and 3900 Park Nicollet Boulevard pursuant to Resolution No. 03-141 of
the St Louis Park City Council dated October 7, 2003 which contained conditions applicable to
said property, and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution Nos. 93-117, 96-180 and 03-141, to add the amendments now
required, and to consolidate all conditions applicable to the subject property in this resolution;
and
WHEREAS, the contents of Planning Case Files 93 -18 -PUD, 96 -26 -PUD, 03 -49 -PUD
and 07 -03 -PUD are hereby entered into and made part of the public record for this case
Resolution No. 07-030 -2-
CONCLUSION
NOW THEREFORE BE IT RESOLVED, that Resolution Nos 93-117 (document not
filed), 96-180 (filed as Document No. 6683405), and 03-141 (filed as Document Nos. 8227410
and 3878564) are hereby restated and amended by this resolution which continues and amends a
Final Planned Unit Development to the subject property for the purpose of permitting parking lot
circulation and parking structure improvements within the at the location descnbed above based
on the following conditions:
The Final PUD to permit Phase I of a medical clinic at the location described is granted
based on the findings set forth above and subject to the following conditions:
1. Approval of the Indirect Source Permit for Phase I and Phase II of the project as
approved in the preliminary PUD by the Minnesota Pollution Control Agency.
2. 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.
3. Approval by the City and execution of a development agreement between the City,
PNMC Holdings and Frauenshuh Companies which identifies responsibilities of each
relating to the project.
4. Approval of the final plat of Tower Place.
5. Vacation of West 39th Street
6. EDA redevelopment agreements with PNMC Holdings and Frauenshuh Companies are
incorporated herein by reference to the extent they are compatible with the development
agreement and the conditions of approval of this resolution. City Council intent is to
implement both redevelopment and development agreement and give effect to all
provisions of each.
7. 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 PNMC Holdings.
Final PUD approval for retail and theater development by Frauenshuh Companies on
Lots 6 & 7 and Phase II of PNMC Holdings development will required subsequent
approval by the City. (amended by conditions 12-18 on 10/7/03)
8. Development of Phase I on Lots 1-5 Tower Place Addition shall be in accordance with
the following exhibits:
Exhibit A — Master Plan, Phase I (Sheet MP 1)
Exhibit B — Master Plan, Phase II (Sheet MP2)
Exhibit C — Site Layout (Sheets C2.1, C2.2, C2.3)
Exhibit D — Site Utilities (Sheets C3.1, C3.2, C3 3)
Exhibit E — Site Grading (Sheets C5.1, C5.2, C5 3)
Exhibit F — Landscape Planting (Sheets LO, L2 1, L2 2, L2 3)
Exhibit G — Landscape Irrigation (Sheets L3.1, L3 2, L3.3)
Exhibit H — Lighting Plans (Sheets El, E2, E3, E4)
Exhibit I — Building Elevations (Sheets A3 01W, A3.01 P, A3.01 M, A3.02M)
•
Resolution No. 07-030 -3-
The Final PUD for a portion of Phase II development to allow a two-story expansion and
remodeling of the 3850 Park Nicollet Boulevard medical clinic building is granted based on the
findings set forth above and subject to the following conditions.
9. The site shall be developed, used and maintained in accordance with the Approved Final
Plan Exhibits for Phase I Tower Place (Case No. 93 -18 -PUD as approved by Resolution
No. 93-117) except that references to the West Building shall be amended to include 4
approved levels and Exhibit I: Building Elevation Sheet A 301W (West Building) shall
be replaced by Exhibits J and K. Partial Phase II Building Elevations as incorporated by
reference herein.
10. All exterior building matenals for the two additional floors and additional skyway level
shall match matenals used on the existing building and skyway.
11. The redevelopment agreement with the EDA/City shall be amended pnor to issuance of
building permits to reflect the approved addition and address and define more specifically
the applicant's responsibilities to assist in paying for off-site infrastructure improvements
including the widening of the Excelsior Boulevard bridge over Highway 100
The Planned Unit Development shall be amended on October 7, 2003 to permit an
intenm paved parking lot, incorporate all of the preceding conditions and add the following
conditions.
12 The intenm parking lot shall be developed, used and maintained in accordance with
Exhibits J -M such documents incorporated by reference herein.
411 13. Prior to any site work, developer shall:
a. Obtain a Watershed District permit, if required
b. Install required silt and tree protection fencing
c Submit a revised site plan that incorporates a curb design for angled parking stalls
as approved by the Zoning Administrator
d. Final storm water calculations must be submitted and approved by the Public
Works Director
14. Pnor to starting site work the following conditions shall be met:
a. Sign assent form and revised official exhibits.
b. Submit financial secunty in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping and signage and additional cash
escrow for cleaning public streets in an amount determined by Public Works
15. The developer shall comply with the following conditions.
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p m and 7 a.m on weekdays and 10
p.m. and 9 a.m on weekends and holidays.
b The site shall be kept free of dust and debns that could blow onto neighbonng
properties
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
16. The developer must install signage at the parking lot exit prohibiting left turns between
11 00 a.m. and 1:OOp.m. as approved by the Public Works Director
1
Resolution No. 07-030 -4-
17. Should the Public Works Director determine traffic is a problem in the future, the City
may required the developer to install a nght turn in/out island at the parking lot exit at the
developer/owners expense.
18. The developer or owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
The Planned Unit Development shall be amended on March 5, 2007 to permit certain
parking lot circulation and parking structure improvements, incorporate all of the preceding
conditions and add the following conditions:
19 The parking lot circulation and parking structure improvements shall be developed, used
and maintained in accordance with Sheets EX1, C4, Al , C6, C5 and such documents
incorporated by reference herein, with the following modifications.
a. The applicant shall install a "Do Not Enter" or "No Right Turn" sign for
eastbound traffic on Auto Club Way at the approach to the parking lot exit.
b. The applicant shall install a hydrant marker on the new hydrant.
c. The applicant shall install very clear signage indicating the clearance height for
vehicles on the pedestnan walkway (skyway)
20. Prior to any site work the applicant developer shall
a. Sign assent form and revised official exhibits.
b. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping and signage and additional cash
escrow for cleaning public streets in an amount determined by Public Works.
c. Obtain a Watershed District permit, if required.
d. Obtain City building and erosion control permits.
e Install required silt and tree protection fencing.
21. The developer shall comply with the following conditions.
a All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p m and 7 a.m on weekdays and 10
p m. and 9 a m. on weekends and holidays.
b. The site shall be kept free of dust and debris that could blow onto neighbonng
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
22. The developer or owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
R for Administration
Attest:
City Clerd� k o 2))
Ad e by the ty Council March 5, 2007
111
II
II
IIII 00 IIl
Doc No 4394343 06/08/2007 10 00 AM
Certified filed and or recorded on above date
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H Cunniff, Registrar of Titles
TranslD 319237
New cert Cert
808363
0
Deputy 40
Fees
$1 50 AF
$10 50 STATEFEE
$34 00 TDOCFEE
$0 00 TSUR
$46 00 Total
so3c.,.3
RESOLUTION NO. 07-030
Amends and Restates Resolution Nos. 93-117, 96-180 and 03-141
RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 93-117
ADOPTED ON AUGUST 2, 1993, 96-180 ADOPTED NOVEMBER 18, 1996,
AND 03-141 ADOPTED OCTOBER 7, 2003 AMENDING THE FINAL
PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST.
LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR
PROPERTY ZONED O — OFFICE, C2 — COMMERCIAL AND RC — HIGH
DENSITY MULTIPLE FAMILY RESIDENTIAL LOCATED AT THE
NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND
HIGHWAY 100
WHEREAS, Park Nicollet applied to the City Council for a Minor Amendment to the
Final Planned Unit Development (Final PUD) for Park Nicollet Medical Center, legally
described as:
Lots 1-5, Block 1, Tower Place
WHEREAS, Park Nicollet proposes to make parking lot circulation and parking
structure improvements at 3800 and 3900 Park Nicollet Boulevard and 5100 Excelsior
Boulevard, legally described as Lots 1, 4 and 5. Block 1, Tower Place; and
WHEREAS, the City Council considered the information related to Planning Case No.
07 -03 -PUD and the effect of the proposed parking lot circulation and parking structure
improvements on the health, safety, and welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions, the effect on values of properties in the surrounding
area and the effect of the use on the Comprehensive Plan, and compliance with the provisions of
the Zoning Ordinance; and
WHEREAS, a Final PUD for Phase I - Park Nicollet Medical Center was approved
regarding the subject property to permit Phase I of a medical clinic pursuant to Resolution No.
93-117 of the St Louis Park City Council dated August 2, 1993 which contained conditions
applicable to said property; and
,-/ 9e -t3
•
Resolution No. 67-030 -2-
WHEREAS, a Final PUD was approved for a portion of Phase II development to allow a
two-story expansion and remodeling of the 3850 Park Nicollet Boulevard medical clinic building
pursuant to Resolution No. 96-180 of the St. Louis Park City Council dated November 18, 1996
which contained conditions applicable to said property; and
WHEREAS, a Minor Amendment to the Final PUD was approved for an interim parking
lot expansion at 3850 and 3900 Park Nicollet Boulevard pursuant to Resolution No. 03-141 of
the St. Louis Park City Council dated October 7, 2003 which contained conditions applicable to
said property; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution Nos 93-117, 96-180 and 03-141, to add the amendments now
required, and to consolidate all conditions applicable to the subject property in this resolution;
and
WHEREAS, the contents of Planning Case Files 93 -18 -PUD, 96 -26 -PUD, 03 -49 -PUD
and 07 -03 -PUD are hereby entered into and made part of the public record for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED, that Resolution Nos. 93-117 (document not
filed), 96-180 (filed as Document No. 6683405), and 03-141 (filed as Document Nos. 8227410
and 3878564) are hereby restated and amended by this resolution which continues and amends a
Final Planned Unit Development to the subject property for the purpose of permitting parking lot
circulation and parking structure improvements within the at the location descnbed above based
on the following conditions:
The Final PUD to permit Phase I of a medical clinic at the location described is granted
based on the findings set forth above and subject to the following conditions.
1. Approval of the Indirect Source Permit for Phase I and Phase II of the project as
approved in the preliminary PUD by the Minnesota Pollution Control Agency.
2. 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.
3. Approval by the City and execution of a development agreement between the City,
PNMC Holdings and Frauenshuh Companies which identifies responsibilities of each
relating to the project.
4. Approval of the final plat of Tower Place.
5. Vacation of West 39th Street.
6. EDA redevelopment agreements with PNMC Holdings and Frauenshuh Companies are
incorporated herein by reference to the extent they are compatible with the development
agreement and the conditions of approval of this resolution City Council intent is to
implement both redevelopment and development agreement and give effect to all
provisions of each.
Resolution No. C7-030 -3-
7. 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 PNMC Holdings.
Final PUD approval for retail and theater development by Frauenshuh Companies on
Lots 6 & 7 and Phase II of PNMC Holdings development will required subsequent
approval by the City. (amended by conditions 12-18 on 10/7/03)
8. Development of Phase I on Lots 1-5 Tower Place Addition shall be in accordance with
the following exhibits:
Exhibit A — Master Plan, Phase I (Sheet MP1)
Exhibit B — Master Plan, Phase II (Sheet MP2)
Exhibit C — Site Layout (Sheets C2.1, C2.2, C2.3)
Exhibit D — Site Utilities (Sheets C3.1, C3.2, C3.3)
Exhibit E — Site Grading (Sheets C5.1, C5.2, C5.3)
Exhibit F — Landscape Planting (Sheets LO, L2.1, L2.2, L2.3)
Exhibit G — Landscape Irrigation (Sheets L3.1, L3.2, L3.3)
Exhibit H — Lighting Plans (Sheets El, E2, E3, E4)
Exhibit I — Building Elevations (Sheets A3.01 W, A3.01P, A3.01M, A3.02M)
The Final PUD for a portion of Phase II development to allow a two-story expansion and
remodeling of the 3850 Park Nicollet Boulevard medical clinic building is granted based on the
findings set forth above and subject to the following conditions:
9. The site shall be developed, used and maintained in accordance with the Approved Final
® Plan Exhibits for Phase I Tower Place (Case No. 93 -18 -PUD as approved by Resolution
No. 93-117) except that references to the West Building shall be amended to include 4
approved levels and Exhibit I: Building Elevation Sheet A.301W (West Building) shall
be replaced by Exhibits J and K: Partial Phase II Building Elevations as incorporated by
reference herein.
10. All exterior building materials for the two additional floors and additional skyway level
shall match materials used on the existing building and skyway.
11. The redevelopment agreement with the EDA/City shall be amended prior to issuance of
building permits to reflect the approved addition and address and define more specifically
the applicant's responsibilities to assist in paying for off -sitz; infrastructure improvements
including the widening of the Excelsior Boulevard bridge over Highway 100.
The Planned Unit Development shall be amended on October 7, 2003 to permit an
intenm paved parking lot, incorporate all of the preceding conditions and add the following
conditions:
12. The, interim parking lot shall be developed, used and maintained in accordance with
Exhibits J -M such documents incorporated by reference herein
13. Prior to any site work, developer shall:
a. Obtain a Watershed District permit, if required.
b. Install required silt and tree protection fencing.
c. Submit a revised site plan that incorporates a curb design for angled parking stalls
as approved by the Zoning Administrator.
d. Final storm water calculations must be submitted and approved by the Public
Works Director.
Resolution No. G7-030 -4-
14. Prior to starting site work the following conditions shall be met:
a. Sign assent form and revised official exhibits.
b. Submit financial secunty in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping and signage and additional cash
escrow for cleaning public streets in an amount determined by Public Works.
15. The developer shall comply with the following conditions.
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p m and 7 a.m on weekdays and 10
p.m and 9 a.m. on weekends and holidays.
b. The site shall be kept free of dust and debns that could blow onto neighbonng
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
16. The developer must install signage at the parking lot exit prohibiting left turns between
11:00 a.m. and 1:OOp.m. as approved by the Public Works Director.
17. Should the Public Works Director determine traffic is a problem in the future, the City
may required the developer to install a right turn in/out island at the parking lot exit at the
developer/owners expense.
18. The developer or owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
The Planned Unit Development shall be amended on March 5, 2007 to permit certain
parking lot circulation and parking structure improvements, incorporate all of the preceding
conditions and add the following conditions:
19. The parking lot circulation and parking structure improvements shall be developed, used
and maintained in accordance with Sheets EX1, C4, Al, C6, C5 and such documents
incorporated by reference herein, with the following modifications.
a. The applicant shall install a "Do Not Enter" or "No Right Turn" sign for
eastbound traffic on Auto Club Way at the approach to the parking lot exit.
b. The applicant shall install a hydiant marker on the new hydrant.
c. The applicant shall install very clear signage indicating the clearance height for
vehicles on the pedestrian walkway (skyway).
20. Prior to any site work the applicant developer shall:
a. Sign assent form and revised official exhibits.
b. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping and signage and additional cash
escrow for cleaning public streets in an amount determined by Public Works
c. Obtain a Watershed District permit, if required.
d. Obtain City building and erosion control permits.
e. Install required silt and tree protection fencing.
•
Resolution No. 07-030 -5-
21. The developer shall comply with the following conditions.
a All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
b. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
22. The developer or owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
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. 07-030 adopted at the St. Louis Park City Council meeting held on March 5, 2007.
WITNESS my hand and the Seal of the City of St. Louis Park this 30`" day of May, 2007.
Nancy J Strotif, Ci Clerk
11111111111111 0 .2- 0 3d
,aoo,os.z�,
Certified filed and or on above date
Office of the County Recorder
Hennepin a ounty, Minnesota
Michael H CLinniff, County Recorder
TransID 319485
Deputy 14
Fees
$35 50 DOC
$10 50 SUR
$46 00 Total
o
1`
Z
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0
RESOLUTION NO. 07-030
Amends and Restates Resolution Nos. 93-117, 96-180 and 03-141
RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 93-117
ADOPTED ON AUGUST 2, 1993, 96-180 ADOPTED NOVEMBER 18, 1996,
AND 03-141 ADOPTED OCTOBER 7, 2003 AMENDING THE FINAL
PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST.
LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR
PROPERTY ZONED O — OFFICE, C2 — COMMERCIAL AND RC — HIGH
DENSITY MULTIPLE FAMILY RESIDENTIAL LOCATED AT THE
NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND
HIGHWAY 100
WHEREAS, Park Nicollet applied to the City Council for a Minor Amendment to the
Final Planned Unit Development (Final PUD) for Park Nicollet Medical Center, legally
described as:
Lots 1-5, Block 1, Tower Place
WHEREAS, Park Nicollet proposes to make parking lot circulation and parking
structure improvements at 3800 and 3900 Park Nicollet Boulevard and 5100 Excelsior
Boulevard, legally descnbed as Lots 1, 4 and 5. Block 1, Tower Place; and
WHEREAS, the City Council considered the information related to Planning Case No.
07 -03 -PUD and the effect of the proposed parking lot circulation and parking structure
improvements on the health, safety, and welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions, the effect on values of properties in the surrounding
area and the effect of the use on the Comprehensive Plan, and compliance with the provisions of
the Zoning Ordinance; and
WHEREAS, a Final PUD for Phase I - Park Nicollet Medical Center was approved
regarding the subject property to permit Phase I of a medical clinic pursuant to Resolution No.
93-117 of the St. Louis Park City Council dated August 2, 1993 which contained conditions
applicable to said property; and
Resolution No. 07-030 ' -2-
WHEREAS, a Final PUD was approved for a portion of Phase II development to allow a
two-story expansion and remodeling of the 3850 Park Nicollet Boulevard medical clinic building
pursuant to Resolution No. 96-180 of the St. Louis Park City Council dated November 18, 1996
which contained conditions applicable to said property; and
WHEREAS, a Minor Amendment to the Final PUD was approved for an interim parking
lot expansion at 3850 and 3900 Park Nicollet Boulevard pursuant to Resolution No. 03-141 of
the St. Louis Park City Council dated October 7, 2003 which contained conditions applicable to
said property; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution Nos. 93-117, 96-180 and 03-141, to add the amendments now
required, and to consolidate all conditions applicable to the subject property in this resolution;
and
WHEREAS, the contents of Planning Case Files 93 -18 -PUD, 96 -26 -PUD, 03 -49 -PUD
and 07 -03 -PUD are hereby entered into and made part of the public record for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED, that Resolution Nos. 93-117 (document not
filed), 96-180 (filed as Document No. 6683405), and 03-141 (filed as Document Nos. 8227410
and 3878564) are hereby restated and amended by this resolution which continues and amends a
411 Final Planned Unit Development to the subject property for the purpose of permitting parking lot
circulation and parking structure improvements within the at the location described above based
on the following conditions:
The Final PUD to permit Phase I of a medical clinic at the location described is granted
based on the findings set forth above and subject to the following conditions:
1. Approval of the Indirect Source Permit for Phase I and Phase II of the project as
approved in the preliminary PUD by the Minnesota Pollution Control Agency.
2. 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.
3. Approval by the City and execution of a development agreement between the City,
PNMC Holdings and Frauenshuh Companies which identifies responsibilities of each
relating to the project.
4. Approval of the final plat of Tower Place
5. Vacation of West 39`h Street
® 6. EDA redevelopment agreements with PNMC Holdings and Frauenshuh Companies are
incorporated herein by reference to the extent they are compatible with the development
agreement and the conditions of approval of this resolution. City Council intent is to
implement both redevelopment and development agreement and give effect to all
provisions of each.
Resolution No 07-030 . -3-
7. The approval of this Final PUD applies only to those elements listed as Phase I
411 improvements on Exhibit A — Master Plan Phase I to be completed by PNMC Holdings.
Final PUD approval for retail and theater development by Frauenshuh Companies on
Lots 6 & 7 and Phase II of PNMC Holdings development will required subsequent
approval by the City. (amended by conditions 12-18 on 10/7/03)
8 Development of Phase I on Lots 1-5 Tower Place Addition shall be in accordance with
the following exhibits:
Exhibit A — Master Plan, Phase I (Sheet MP1)
Exhibit B — Master Plan, Phase II (Sheet MP2)
Exhibit C — Site Layout (Sheets C2.1, C2.2, C2.3)
Exhibit D — Site Utilities (Sheets C3.1, C3.2, C3.3)
Exhibit E — Site Grading (Sheets C5.1, C5.2, C5.3)
Exhibit F — Landscape Planting (Sheets LO, L2.1, L2.2, L2.3)
Exhibit G — Landscape Irrigation (Sheets L3.1, L3.2, L3.3)
Exhibit H — Lighting Plans (Sheets El, E2, E3, E4)
Exhibit I — Building Elevations (Sheets A3.01 W, A3.01 P, A3.01 M, A3.02M)
The Final PUD for a portion of Phase II development to allow a two-story expansion and
remodeling of the 3850 Park Nicollet Boulevard medical clinic building is granted based on the
findings set forth above and subject to the following conditions:
9. The site shall be developed, used and maintained in accordance with the Approved Final
® Plan Exhibits for Phase I Tower Place (Case No. 93 -18 -PUD as approved by Resolution
No. 93-117) except that references to the West Building shall be amended to include 4
approved levels and Exhibit I: Building Elevation Sheet A.301W (West Building) shall
be replaced by Exhibits J and K: Partial Phase II Building Elevations as incorporated by
reference herein.
10. All exterior building materials for the two additional floors and additional skyway level
shall match matenals used on the existing building and skyway.
11. The redevelopment agreement with the EDA/City shall be amended prior to issuance of
building permits to reflect the approved addition and address and define more specifically
the applicant's responsibilities to assist in paying for off-site infrastructure improvements
including the widening of the Excelsior Boulevard bridge over Highway 100.
The Planned Unit Development shall be amended on October 7, 2003 to permit an
interim paved parking lot, incorporate all of the preceding conditions and add the following
conditions:
12 The intenm parking lot shall be developed, used and maintained in accordance with
Exhibits J -M such documents incorporated by reference herein.
13. Prior to any site work, developer shall:
a. Obtain a Watershed District permit, if required.
b. Install required silt and tree protection fencing.
c. Submit a revised site plan that incorporates a curb design for angled parking stalls
as approved by the Zoning Administrator.
d. Final storm water calculations must be submitted and approved by the Public
Works Director.
1
0
v i
Resolution No. 07-030 -4-
14. Prior to starting site work the following conditions shall be met:
a. Sign assent form and revised official exhibits
b. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping and signage and additional cash
escrow for cleaning public streets in an amount determined by Public Works
15. The developer shall comply with the following conditions.
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
b. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
16. The developer must install signage at the parking lot exit prohibiting left turns between
11:00 a.m. and 1:OOp.m. as approved by the Public Works Director.
17. Should the Public Works Director determine traffic is a problem in the future, the City
may required the developer to install a right turn in/out island at the parking lot exit at the
developer/owners expense
18. The developer or owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
The Planned Unit Development shall be amended on March 5, 2007 to permit certain
parking lot circulation and parking structure improvements, incorporate all of the preceding
conditions and add the following conditions
19. The parking lot circulation and parking structure improvements shall be developed, used
and maintained in accordance with Sheets EX1, C4, Al, C6, C5 and such documents
incorporated by reference herein, with the following modifications:
a. The applicant shall install a "Do Not Enter" or "No Right Turn" sign for
eastbound traffic on Auto Club Way at the approach to the parking lot exit.
b. The applicant shall install a hydrant marker on the new hydrant.
c. The applicant shall install very clear signage indicating the clearance height for
vehicles on the pedestrian walkway (skyway).
20. Prior to any site work the applicant developer shall:
a. Sign assent form and revised official exhibits.
b. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping and signage and additional cash
escrow for cleaning public streets in an amount determined by Public Works.
c. Obtain a Watershed District permit, if required
d. Obtain City building and erosion control permits.
e. Install required silt and tree protection fencing.
O
0
Resolution No. 07-030
-5-
21. The developer shall comply with the following conditions.
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays
b. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
22. The developer or owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
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. 07-030 adopted at the St Louis Park City Council meeting held on March 5, 2007.
WITNESS my hand and the Seal of the City of St. Louis Park this 30`h day of May, 2007.
Nancy r� oth� Jerk
Y