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HomeMy WebLinkAbout08-024 - ADMIN Resolution - City Council - 2008/02/19RESOLUTION NO. 08-024 RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED O -OFFICE LOCATED IN THE SOUTHWEST QUADRANT OF HIGHWAYS 394 AND 100 The West End Redevelopment Project WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) was received on December 17, 2007 from the applicant, and WHEREAS, the Preliminary PUD includes two existing office buildings totaling 507,638 square feet and existing 1,700 -stall parking structure, two existing restaurant buildings, a proposed hotel pad site, a new shopping center totaling 376,000 square feet plus 34,678 square feet of second - story office, and two new parking structures adding 1,700 more parking stalls. WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 500 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of January 16, 2008, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on January 3, 2008, and WHEREAS, the Planning Commission opened the public hearing at the meeting of January 16, 2008, 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 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, the application for approval of a Preliminary PUD includes existing buildings that received previous Special Permit, Conditional Use Permit or Planned Unit Development approvals from the City of St. Louis Park. WHEREAS, City Council Resolution No. 86-46 granted a Special Permit (86 -14 -SP) for the Travelers Express Office Tower (MoneyGram) at 1550 Utica Ave South. That resolution replaced Resolutions 85-101 & 85-175. WHEREAS, City Council Resolution No. 97-123 granted a PUD Major Amendment (98- 42 -PUD) for the 1600 or South Office Tower at 1600 Utica Ave South to allow modifications to the building and site design for final PUD. That resolution restated and amended the initial final PUD granted under Resolution 97-123. Resolution No. 08-024 -2- WHEREAS, City Council Resolution No. 91-117 granted a Special Permit (91 -13 -SP) for a Chili's Restaurant at 5345 Wayzata Boulevard. WHEREAS, City Council Resolution Nos. 93-31 and 93-101 granted Conditional Use Permits (93 -9 -CUP, 93 -34 -CUP) for an Olive Garden Restaurant at 5235 Wayzata Boulevard. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Duke Realty Limited Partnership made application to the City Council for a Preliminary PUD in accordance with Section 36-367 of the St. Louis Park Ordinance Code within the 0 — Office District for property located at located at 1551 and 1621 Park Place Boulevard, 1550 and 1600 Utica Avenue South, and 5245 Wayzata Boulevard, legally described in "Exhibit A". 2. The City Council considered the advice and recommendation of the Planning Commission (Case No. 07 -61 -PUD). The City Council also considered the effect of the proposed Preliminary PUD 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The City Council determined that the Preliminary PUD will not be detrimental to the health, safety or general welfare of the community, will not cause serious traffic congestion and hazards with certain contemplated traffic improvements, and will not seriously depreciate surrounding property values. The Council also determined that the Preliminary PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested PUD modifications comply with Section 36- 367(6)(5) and include modifications to: a. Yards b. Parking c. Designed Outdoor Recreation Area 4. The contents of Planning Case File 07 -61 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The approval is subject to City of St. Louis Park adoption of a zoning map amendment changing 1551 Park Place Boulevard from IP — Industrial Park to 0 — Office District. Resolution No. 08-024 -3- 2. The approval is subject to City of St. Louis Park vacation of the sewer easement on Lot 4, Block 1 of The West End. 3. All previous and applicable conditions from previous City approvals for the existing office towers and restaurants shall remain in effect until these sites receive Final PUD approval. Previous conditions of approval to continue will be listed in the Final PUD resolution. 4. The hotel site plans for Lot 3, Block 1 are incomplete. A PUD Major Amendment will be required if any variances are required. If the plan does not require a variance, the application may be processed as a PUD Minor Amendment and include review and recommendation of the Planning Commission. 5. Facade designs of individual tenants may be approved administratively. City staff may refer applications to the Planning Commission and City Council as PUD Minor Amendments. 6. The final site plan and facade design of the large retail building on Lot 4, Block 1 (proposed grocery store) shall be processed as a PUD Minor Amendment and include review and recommendation of the Planning Commission. 7. Access to the service/delivery areas on the west retail block from Park Place Boulevard must be limited to between 10 p.m. to 10 a.m. ill8. Complete design and operations strategies for controlling access to the delivery/service areas from Park Place Boulevard must be provided with the Final PUD application. 9. The radius of the north service drive from Park Place Boulevard to Lot 4, Block 1 must be revised on architectural plans to match revisions to civil drawings reflecting entrance (right - in) only in the final PUD application. 10. The portion of the five -level retail parking structure (Building 35) that is within 20 feet of the Gamble Drive right-of-way must have a minimum of 60% Class I exterior materials. Plans currently indicate only 19% Class I materials. The Final PUD plans shall comply with this requirement. 11. The Final PUD application shall list and quantify "alternative landscaping" provided to demonstrate compliance with the zoning code requirements. 12. The Developer shall maintain horizontal separation from landscaping (i.e. boulevard trees) of at least three feet from and shallow underground utilities (i.e. fiber optic cable, private utilities), and eight feet horizontal separation from deeper buries (i.e. water and sanitary sewer). •13. Tree plantings and street furnishings shall be located in a manner that maintains at least six feet of surface horizontal clear space in all boulevard/sidewalk areas. Resolution No. 08-024 -4- 14. The Final PUD application shall amend Sheet C7A to delete the two fiber optic shown crossing Park Place Boulevard at 16th Street, and to identify fiber optic hand hole locations. 15. The Final PUD application shall provide a more detailed sign proposal, including type, locations, dimensions and sign area proposed. 16. The property owner shall prepare and effectuate traffic management plans that reduce traffic congestion. The owner shall submit the traffic management plan to the St. Louis Park and Golden Valley I-394 Joint Task Force, prior to Final PUD approval. 17. The following facade design guidelines shall be applicable to all ground floor facades located in The West End development: a. Facade Transparency. Windows shall meet the following requirements: 1. For street -facing facades, no more than 10% of the total window area shall be glass block, mirrored, spandrel, frosted or other opaque glass. 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 building. 2. Visibility into the space shall be maintained for a minimum of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. b. Awnings 1. Awnings and canopies must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. 2. Backlit awnings and canopies are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of five feet from the building wall, provided an eight -foot minimum horizontal clearance is maintained along Park Place Boulevard, and a six-foot minimum horizontal clearance along all other streets is maintained between obstructions (trees, light poles, etc.) on the sidewalk for the following purposes: 1. Display of merchandise provided it does not exceed more than 100 square feet per business. 2. Benches, planters, ornaments and art. 3. Signage, as permitted in the zoning ordinance. 4. Outdoor dining areas may exceed the five-foot limit as further regulated by the zoning ordinance and planned unit development agreement. 18. The canopy over the pedestrian arcade shall not extend into the Park Place Boulevard public right-of-way. 19. The Developer shall provide locations and funding for public art. The locations and funding amounts will be determined prior to the Final PUD. Resolution No. 08-024 -5- 20. The applicant shall obtain all necessary permits from the City and other agencies. 21. All other requirements of the City Engineer shall be met. 22. The Developer shall amend utility plans to provide separate domestic and fire water service lines to each building. 23. Removal and relocation of existing fire hydrants shall be approved by Fire Marshal. 24. All other requirements of the Fire Marshal must be met. 25. The Developer shall enter into an agreement with the City of St. Louis Park for public use of the gathering spaces to be finalized as a part of the final PUD. 26. The City and Developer shall set up a monitoring program to determine the actual sanitary sewer flows. Following each phase of the development, the sewer flows will be analyzed and if sewer flows exceed Metropolitan Council requirements, Duke may need to design and construct a temporary peak flow storage tank for new development until the Metropolitan Council interceptor is upgraded. 27. The Developer must abide by City's water use restrictions and follow state requirements for ID low -flow structures. After each phase of the redevelopment, water usage must be monitored. If capacity is exceeding 90% peak capacity, the City and the Developer will need to cooperate to identify city-wide and project -specific measures to increase capacity and reduce consumption. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement. Reviewed for Administration: Adopted by th City Council February 19, 2008 Attest: City Clerk Mayor Resolution No. 08-024 -6- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above- described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and Resolution No. 08-024 -7- lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning.