Loading...
HomeMy WebLinkAbout08-128 - ADMIN Resolution - City Council - 2008/10/06RESOLUTION NO. 08-128 Amends and Restates Resolution No. 08-057 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 08-057 ADOPTED ON APRIL 28, 2008 APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A GROCERY STORE FOR PROPERTY ZONED O -OFFICE . LOCATED IN THE SOUTHWEST QUADRANT OF HIGHWAYS 394 AND 100 The West End Redevelopment Project WHEREAS, Duke Realty Limited Partnership and Jeffrey R. Anderson Real Estate have made application to the City Council for a Minor Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to allow a grocery store at 1570 16th Street West within the 0 — Office Zoning District having the following legal description: Lot 4, Block 1, THE SHOPS AT WEST END; Hennepin County, Minnesota WHEREAS, the City Council considered the Planning Commission discussion and comments (Case No. 08 -32 -PUD) and the effect of the proposed grocery store 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 intent of the Zoning Ordinance; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No 08-057 of the St. Louis Park City Council dated April 28, 2008 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 08-057, 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 File 08 -32 -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. 08-057 (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 permitting a grocery store within the O -Office Zoning District at the location described above based on the following conditions: Resolution No. 08-128 -2- 1. The uses on the subject property are limited to retail, service, restaurants, hotel, theater, and office. The following uses are not allowed: in -vehicle sales and service (drive-through); motor fuel stations; motor vehicle sales, service and repair; car washes; currency exchanges; check cashing; pay loan agencies; pawnshops; sexually -oriented businesses, tattoo shops; gun shops (not excluding a sporting goods store that sells, as part of its sporting goods inventory, guns and ammunition). 2. The final site plan and facade design of the large retail building on Lot 4, Block 1, THE SHOPS AT WEST END (proposed grocery store) shall require a PUD Minor Amendment with review by the Planning Commission. 3. The hotel site plans for Lot 3, Block 1, THE SHOPS AT WEST END shall require a PUD Major Amendment if any variances are requested. 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. 4. The total gross floor area of restaurants shall be limited to 82,277 square feet. 5. The total number of seats in the movie theater shall be limited to 2,700 seats. 6. Tenants in Building 32 shall be limited to Mercantile (Group M) uses as defined in the 2007 Minnesota State Building Code, such as retail or wholesale stores, sales rooms, department stores, drug stores, markets, etc. 7. The portion of the five -level retail parking structure (Building 35) that is within 20 feet of the Gamble Drive right-of-way shall have a minimum of 60% Class I exterior materials. The Developer shall amend the Official Exhibits to comply with this requirement. 8. The Community Development Director and Zoning Administrator or their designee(s) may approve individual tenant/building facade designs administratively or refer proposals to the Planning Commission and City Council for consideration, as City staff deems necessary. 9. The sign plan is subject to Community Development Director and Zoning Administrator review and approval. Sign permits are required. 10. Access to the truck courts on the west retail block from Park Place Boulevard shall be limited to between 8 p.m. and 10 a.m. 11. The access will be controlled from Park Place Boulevard to the truck courts on the west retail block using a mechanical bollard system and directional signs in the Park Place Boulevard right-of-way. The Developer shall enter into a Planning Development Contract with the City of St. Louis Park that addresses this private use of public land. 12. The Developer shall maintain horizontal separation from landscaping (i.e. boulevard trees) of at least three feet from shallow underground utilities (i.e. fiber optic cable, private utilities, etc.), and eight feet horizontal separation from deeper underground utilities (i.e. water, sanitary sewer, etc.). Resolution No. 08-128 -3- 13. Tree plantings and street furnishings shall be located in a manner that maintains at least six 111 feet wide clearance space in all boulevard/sidewalk areas for snow removal. 14. The Developer shall amend the Official Exhibits (The Shops at West End Design Guidelines) to incorporate the following: a. At pedestrian level, facades on Buildings 12, 22, 23, 24, 31, 32 and 33 shall be primarily transparent: 1. At least 60% of facades between 3 feet and 7 feet above the first floor elevation shall consist of pedestrian entrances, display windows or windows affording views into retail, offices, gallery or lobby space. The West End Tenant Design Guidelines shall illustrate the portions of the above referenced buildings subject to this requirement. 2. Visibility into the space shall be maintained for a minimum of three feet, but display of merchandise in this space is allowed. Display windows may be used to meet the transparency requirement. b. At pedestrian level (between 3 feet and 7 feet above the first floor elevation), building facades facing public streets, West End Boulevard, or the pedestrian arcade shall have no more than 10% of the total window area be glass block, mirrored, spandrel, frosted or other opaque glass. c. No more than 10% of the total window area of any building facade shall have signs 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 that allows views into and out of the building. d. Tenants in Buildings 12, 22, 24, 31, and 33 that are located adjacent to public and/or private street intersections shall locate entrances at or near the adjacent building corner. e. Awnings and canopies shall be made of heavy canvas, fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. Backlit awnings and canopies are prohibited. 15. A business may use the sidewalk within five feet of its building wall for the following purposes, provided the business maintains a clear walkway that is at least eight feet wide along Park Place Boulevard and at least six feet wide along other streets, and provided the uses do not occur in the public right-of-way: a. Display of merchandise, not to exceed 100 square feet per business; b. Benches, planters, ornaments, art; c. Signs permitted in the zoning ordinance; and Resolution No. 08-128 -4- d. Outdoor dining. Outdoor dining areas may extend farther than five -feet from the building wall, provided table and chairs or other obstructions are not in the public right-of-way, and provided businesses maintain the required horizontal clearance for a walkway between the dining area and other obstructions, such as trees, poles, and curbs. 16. The Developer shall provide easements and $285,000 for public art to help satisfy the alternative landscaping requirements. The City and the Developer will develop a public process to select the artists, artworks and locations. 17. The Developer shall amend Official Exhibits (utility plans) to provide separate domestic and fire water service lines to the buildings. 18. The developer shall work with the Police Department on the design and construction of the police substation area in Building 31. In particular, the plan shall provide windows and doorway on the northeast building elevation along the alley. 19. The developer shall redesign the public restroom entrances in the Building 31 atrium to have open entrances (no exterior doors to the atrium), similar to typical stadium/movie theater restroom entrances, as requested by the Police Department. 20. At City of St. Louis Park's sole discretion, and upon conferring with the property owner, the property owner shall change the designation of West End Boulevard on -street parking stalls from short-term customer parking to "pick-up/drop-offonly" (or similar restriction). 21. The applicant shall be responsible to obtain all permits from the City and other agencies. 22. The property owner(s) shall be responsible for obtaining a City license for all parking structures. 23. Tenants shall be responsible for obtaining all City licenses (i.e. grocery store, hotel, etc.). 24. The property owner shall prepare and effectuate traffic management plans that reduce traffic congestion. The property owner submitted a plan for review and approval of the by the St. Louis Park and Golden Valley I-394 Joint Task Force. The property owner shall implement The Traffic Management Plan (TMP) approved by the Travel Demand Management Joint Task Force prior to City issuance of a certificate of occupancy. 25. The City and Developer shall set up a monitoring program to determine actual sanitary sewer flows. Following each phase of the development, sewer flows will be analyzed to determine if sewer flows exceed Metropolitan Council limits described in the Metropolitan Council's letter to the City of St. Louis Park dated December 14, 2006. If sanitary sewer flows exceed said limits, the Developer shall submit a final design of a privately owned, privately maintained, temporary sanitary sewer peak flow detention facilities for Metropolitan Council Environmental Services (MCES) and City of St. Louis Park approval. The Developer shall construct the said approved system and put it into operation in the timeframe designated by MCES and City of St. Louis Park, and prior to City issuance of building permits for additional phases. Resolution No. 08-128 -5- 26. The Developer shall abide by the City's water use restrictions and follow State of Minnesota requirements for low -flow structures. After each phase of the redevelopment, water usage shall be monitored. If monitoring shows use exceeds 90% of peak capacity, the Developer shall cooperate with the City to identify citywide and project -specific measures to increase water treatment capacity and reduce consumption prior to City issuance of building permits. 27. The north office tower and operations center at 1551 Utica Avenue (Lot 1, Block 2, THE SHOPS AT WEST END) shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 86 -14 -SP and 07 -61 -PUD. If there is any conflict between the Official Exhibits, 07 -61 -PUD shall supersede. The following 86 -14 -SP Official Exhibits are incorporated by reference herein: Exhibit A — Site Plan and Lighting Plan; Exhibit B — Grading Plan; Exhibit C — Utilities Plan; Exhibit D — Landscape Plan; Exhibit E — Building Elevations; Exhibit F — Basement Floor Level Plan; Exhibit G — Ground Floor Plan, Exhibit H — Second Floor Plan; and Exhibit I — Typical Floor Plan, as modified by City Development on March 13, 1986. (The floor plans are included to show general use and configurations only.) 28. The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot 1, Block 2, THE SHOPS AT WEST END): a. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 98 -42 -PUD and 07 -61 -PUD. If there is any conflict between the Official Exhibits, 07 -61 -PUD shall supersede. The following 98 -42 -PUD Official Exhibits are incorporated by reference herein. Exhibit A — Site Plan, Exhibit B - Landscape Plan, Exhibit C — Existing Survey, Exhibit D — Grading, Drainage and Erosion Control Plan, Exhibit E — Utility Plan, Exhibit F — East Elevations, Exhibit G — North Elevation, Exhibit H — South Elevation, Exhibit I — West Elevations, Exhibit J — West Elevation - Parking Ramp, and Exhibit K — Parking Ramp elevation (south). b. Parking ramp layouts and site plan shall provide designation of at least 20 bicycle racks and at least 20 carpool spaces in convenient locations. c. A covenant shall be recorded on the property which specifies that a minimum of 4,000 square feet of the atrium shall remain in perpetuity as indoor open space and available for general "public" use. Said interior atrium space shall be designed in an aesthetically pleasing and usable way, with landscaping, benches, and the like. A detailed atrium plan shall be submitted and approved by the Community Development Director and the Zoning Administrator. d. The following modifications to ordinance requirements are re -authorized: 1. The floor area ratio for the PUD can be 1.57. 2. The setbacks on Gamble Drive for the parking ramp can be 17 feet. 3. Reduced office building setback along Gamble Drive of 96 feet. Resolution No. 08-128 -6- 29. The Chili's restaurant site at 5245 Wayzata Boulevard (Lot 2, Block 1, THE SHOPS AT WEST END) shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Applications 91 -13 -SP and 07 -61 -PUD. If there is any conflict between the Official Exhibits, 07 -61 -PUD shall supersede. The following 91 -13 -SP Official Exhibits are incorporated by reference herein: Exhibit A — Overall Site Plan, Exhibit B — Site Plan, Exhibit C — Grading Plan, Exhibit D — Landscape Plan, Exhibit E — Floor Plan, and ExhibitF and F-1 — Elevations. 30. The Olive Garden restaurant site at 5235 Wayzata Boulevard (Lot 1, Block 1, THE SHOPS AT WEST END) shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Applications 93 -9 -CUP, 93 -34 -CUP and 07 -61 -PUD. If there is any conflictbetween the Official Exhibits, 07 -61 -PUD shall supersede. The following 93 -9 -CUP and 93 -34 -CUP Official Exhibits are incorporated by reference herein: Exhibit A-1 — Site Plan, Exhibit B — Utility Plan, Exhibit C-1 — Landscape Plan, and Exhibit D — Exterior Elevations. 31. Prior to issuance of building permits, the following conditions shall be met: a. A Planning Development Contract shall be executed between the Developer and City that addresses, at a minimum: 1. Conditions of PUD approval as applicable or appropriate; 2. Public use of gathering spaces in the development; 3. Private use of public land 4. Maintenance agreement and/or special service district; 5. Surety in the form of an irrevocable letter of credit for Redeveloper Public Improvements and landscaping; and 6. Administrative approval of modifications to the PUD plans. The Mayor and City Manager are authorized to execute said Planning Development Contract. b. The Developer shall provide a surety to the City of St. Louis Park in the form of an irrevocable letter of credit for 1.10 times the estimated Redeveloper Public Improvements costs (as defined in the Redevelopment Agreement), and 1.25 times the estimated landscaping costs. c. The property owner shall pay the applicable Traffic Management Administrative Fee. 1 The portion of the shopping center subject to this fee is on Lot 2, Block 2, THE SHOPS AT WEST END. The total fee of $34,633 shall be paid to the City of St. Louis Park prior to City issuance of building permits. 2. Subsequent phases of the PUD (future hotel and office towers) shall pay fifty percent of the fee upon submission of a Final PUD Amendment application, and the remaining fifty percent of the fee upon submission of a building permit application, for each respective development phase. Resolution No. 08-128 -7- 32. The Planned Unit Development shall be amended on October 6, 2008 to incorporate all of the preceding conditions and add the following conditions relating to Lot 4, Block 1, THE SHOPS AT WEST END, Hennepin County, Minnesota: a. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 08 -32 -PUD, including Exhibits C4B-Site Layout Plan North, C8A-Utility Plan, C10B-Landscape Street Plan, A11101 -Building 11 Overall Plan, Al 1111 -Building 11 Level 1 Area 1, A111112 -Building 11 Level 1 Area 2, A11401 -Building 11 Exterior Elevations, such documents incorporated by reference herein. b. Overnight cart storage shall be inside the building. c. The Developer shall continue to work with City staff through a public process to select public art and the complete plaza design. d. The Developer shall submit a site plan and programming plan for the plaza area to the City for review and approval by the Zoning Administrator. e. The building proposal includes graphic art panels in order to enhance the appearance of the building and pedestrian environment. The Developer shall submit plans for the graphics on the backlit translucent wall -mounted panels for review and approval by the Zoning Administrator. The panels and/or graphics shall be changed from time to time and at least biennially. The panel may include any mosaic, mural, painting or graphic art or combination thereof which is professionally applied to the panel that does not contain any brand name, product name, letters of the alphabet spelling or abbreviating the name of any product, company, profession or business, or any logo, trademark, trade name, or other commercial message (defined as supergraphics in the City Sign Code and exempt from the Sign Code provisions). The Developer shall allow use of the panels for public art. Proposed public art shall be subject to review and approval by the Developer and building tenant(s). f. Assent Form and Official Exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. g. The sign plan is subject to Community Development Director and Zoning Administrator review and approval. Sign permits are required. h. Approval of Building Permits, which may impose additional requirements. A Planning Development Contract between the Developer and City shall be amended to address, at a minimum: 1. Amended conditions of PUD approval as applicable or appropriate; 2. Public use of the plaza gathering space; 3. Temporary uses of the plaza; and Resolution No. 08-128 -8- 4. Administrative approval of modifications to the PUD plans. n ation to any other remedies, the developer or owner shall pay an administrative fee of $750 per iolat n of any condition of this approval. Re for Administration: 11111111v City anager - Attest: City Clerk Adopted -by e City Council October 6, 2008 Mayor