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HomeMy WebLinkAbout09-028 - ADMIN Resolution - City Council - 2009/02/02RESOLUTION NO. 09-028 0 RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX -MIXED USE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT 3900, 3912, 3920 EXCELSIOR BOULEVARD 3409, 3413, 3417 GLENHURST AVENUE SOUTH 3408, 3412, 3416 FRANCE AVENUE SOUTH 0 ELLIPSE ON EXCELSIOR WHEREAS, the City Council approved the Preliminary PUD on December 1, 2008 Resolution No. 08-154; and WHEREAS, a complete application for approval of a Final Planned Unit Development (PUD) was received on December 15, 2008 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January 7, 2009, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 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. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Bader Development has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the MX -Mixed Use and R-4 Multiple Family Residential districts located at 3900, 3912, 3920 Excelsior Boulevard; 3409, 3413, 3417 Glenhurst Avenue South; and 3408, 3412, 3416 France Avenue South for the legal description as follows, to -wit: Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and Resolution No. 09-028 -2- That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -36 -PUD) and the effect of the proposed 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 has determined that 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 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(6)(5). The specific modifications include: A. Increased residential density from 50 units per acre to 59.2 units per acre. Resolution No. 09-028 -3- B. Reduction in the overall Class I exterior building materials percentage from 80 410 percent to 64 percent. • 4. The contents of Planning Case File 08 -36 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following requirements, consistent with the official exhibits, shall apply to the PUD: A. The maximum number of residential units shall be 132. B. The minimum number of parking spaces shall be 278. C. The maximum of gross floor area used for restaurant shall be 3,000 square feet. The City Council may approve an increase to 3,500 square feet of restaurant with a minor amendment to the Final PUD. D. The maximum building height shall be 60 feet. E. The majority of the first floor shall be used for commercial purposes. F. The plan shall meet the MX District setbacks from the adjacent R2 zoning district. E. All trash handling and storage facilities shall be located inside the building. F. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building or landscaping design and 100% screened from off-site. 3. Before starting any land disturbing activities on the site (excluding demolition of existing buildings): A. The developer and owner shall sign the assent form and official exhibits. B. The developer shall submit to the City proof of recording the final plat with Hennepin County. C. The developer shall submit building material samples and colors to the City for administrative review and approval. D. The developer or developer's engineer shall schedule pre -construction meetings at mutually agreeable times with all parties concerned, including City staff, to review the program for the construction work. 1. The developer's general contractor shall present a parking plan for construction equipment and vehicles, and workers' vehicles, at the preconstruction conference that minimizes or eliminates parking in the surrounding residential neighborhoods. 2. The developer shall involve a neighborhood representative in the preconstruction conference relating to the parking plan. Resolution No. 09-028 -4- E. The developer shall obtain all required permits for the proposed work, including but not necessarily limited to: 1. City right-of-way permits (required for any work within the right-of-way, including utility work, curb and gutter, sidewalk, driveway aprons, parking bays, road closures and sidewalk closures. 2. Hennepin County permits for all work within the County right-of-way. 3. NPDES permit. 4. Minnehaha Creek Watershed District permits. 5. City erosion control permit (the City will require a copy of the watershed district and NPDES permits prior to issuance). 4. Prior to issuance of building permits, the developer shall enter into a Planning Development Contract with the City that addresses, at a minimum, the following: A. Installation and on-going maintenance at Developer's expense of on -street loading and streetscape improvements along all public streets, including the proposed landscaped median in France Avenue. Construction plans for said improvements shall be submitted to the City Engineer for review and approval. B. Installation at Developer's expense of relocating and abandoning public sanitary and storm sewer mains in accordance with City approved design and materials. C. Participation by the property owner in the special service district relating to maintenance of streetscape improvement within the public right-of-way along Excelsior Boulevard. D. Installation and on-going maintenance of public artwork that will be located in the plaza area at the corner of Excelsior Boulevard and France Avenue. The minimum financial contribution shall be finalized before the City Council takes action on the Final PUD. E. Performance guarantee (financial securities) in the form of cash or letter of credit for 1.25 times the estimated cost of installing public improvements, development landscaping, and survey monuments. F. Developer or owner cooperation, but not necessarily financial contribution, to consolidate driveway accesses onto Excelsior Boulevard should the site at 3924 Excelsior Boulevard (American Inn) redevelop and provides an opportunity for a full driveway access (not right -in, right -out only) to Excelsior Boulevard for both properties. 5. The developer or owner shall reimburse City attorney's fees in drafting/reviewing such documents as required in the Planned Unit Development approval. 6. During construction the developer, general contractor and subcontractors shall comply with the following requirements: A. Construction activities involving the use of power equipment, manual tools, movement of equipment, or similar activities shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and between the hours of 9:00 a.m. and 10:00 p.m. on Saturdays. No construction activity shall occur on Sundays and holidays. Limited exceptions to these construction hours may be permitted if the City issues a noise permit. Resolution No. 09-028 -5- B. The developer and general contractor shall implement and enforce a parking plan for construction equipment and vehicles, and workers' vehicles, which minimizes or eliminates parking in the surrounding residential neighborhoods. C. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. non -working hours. Temporary electric power neighborhood service. Construction vehicles and equipment shall not line up, park or idle on streets. Vehicular traffic access on France Avenue shall be maintained at all times. Pedestrian access along Excelsior Boulevard and to the existing bus All gates and access points shall be locked during D. connections shall not adversely impact surrounding E. F. G. neighborhood stop shall be maintained during construction. Any expected disruptions shall be limited in duration and scope, and communicated to the City and County well in advance. 7. Before the City issues a final certificate of occupancy: A. The Developer shall provide the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans, all prepared in accordance with City standards. 8. The following facade design guidelines shall be applicable to all ground floor non-residential facades located in the Mixed -Use building facing Excelsior Boulevard and France Avenue: A. Facade Transparency. Windows and doors shall meet the following requirements: 1. For street -facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. 2. Visibility into the space shall be maintained for a minimum depth 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 must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. 2. Backlit awnings 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 for the following purposes, provided a six-foot minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between obstructions on public sidewalks and provided that all activity is occurring on private property: 1. Display of merchandise. 2. Benches, planters, ornaments and art. 3. Signage, as permitted in the zoning ordinance. Resolution No. 09-028 -6- 4. Dining areas may extend beyond five feet of the building, provided eight feet minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between the obstructions on the sidewalk. D. All wall vents and assorted fixtures shall be painted to match the color of the wall to which they are attached. 9. The development shall comply with the following Fire Department requirements: A. New on-site fire hydrants shall meet City specifications. B. An existing hydrant is shown remaining at the corner of Excelsior and France. The condition of this hydrant (and overall fire protection needs for the site) must be reviewed and approved by the Fire Department. C. Fire standpipes shall be provided in east and northwest stairways. D. The fire sprinkler system shall be an NFPA 13 system zoned by the floor level. Zone valves shall be in a location approved by the Fire Marshal. E. The elevator shall have a back up generator per State of Minnesota elevator code. F. Floor levels for the elevator shall be designated/labeled garage (-1), ground floor (1), second floor (2) and etc. G. The make up and exhaust fans in the garage level shall have fire department override switches at a location approved by the Fire Marshal. 10. The development shall comply with the following Public Works Department requirements: A. The developer shall cap all existing water services to be removed. B. The underlying soil conditions of the proposed relocation area for sanitary and storm sewer mains shall be verified for adequacy. C. The utility relocation construction work area extends into Excelsior Boulevard, and it is expected that lane closures will be necessary. Work within the Excelsior Boulevard right- of-way, or any lane closures, shall occur only with the permission of Hennepin County. Hennepin County will likely require full restoration standards to all roadway and other disturbances. D. The proposed relocation of the sanitary sewer hft station wall panel shall be reviewed and approved by the Public Works Utility Division. E. The developer shall be responsible for all bypass pumping as needed during the course of constructing the relocated sanitary and storm sewer mains. F. The property owner shall be responsible for long term maintenance of the proposed landscaped median in France Avenue. G. The minimum sidewalk clearance width between obstructions (i.e. landscaping, light poles, bollards, stairways, building, etc.) shall be six feet at all locations. H. The plan shall comply with the recommendations of the traffic study prepared by SRF Consulting Engineers and dated 10-30-08, including: 1. Provision of sufficient space for temporary vehicle parking in the proposed Excelsior Boulevard loading area to prevent queuing onto Excelsior Boulevard. 2. Installation of proper signage to clearly identify the ramp as "Resident Parking Only," in order to prevent unfamiliar vehicles from entering the below ground parking garage area. Resolution No. 09-028 -7- 3. Installation and use of secure access (i.e. card key) to the below ground parking garage located at the garage entrance. 4. Installation of signage such as "stop" or "yield" signs, in accordance with MUTCD, shall be provided on-site to prevent internal conflicts amongst vehicles, as well as vehicular and pedestrian conflict areas. 5. Provision of adequate clearance and installation of proper signage for service and emergency vehicles at the west end of the development where the surface parking lot passes under the proposed building. 6. Installation and maintenance of neighborhood identification sign in the proposed France Avenue median. 7. Installation of "No Outlet" sign(s) on northbound France Avenue. 8. Location and design of the proposed France Avenue landscaped median shall provide sufficient clearance for all traffic on France Avenue to easily enter and exit the development's driveway (i.e., offset distance of the median and design of median nose) and shall not restrict access into or out of the adjacent home north of the proposed redevelopment. 9. Consideration shall be given of vehicle and pedestrian sight distance and potential for damage by vehicles and snow plows with respect to the design and location of France Avenue gateway treatments. 10. Provision of at least 14 feet wide travel lanes on France Avenue (curb face to curb face) in the vicinity of the proposed landscaped median in France Avenue to provide adequate space for large semi -trucks and on -street bicycle traffic. 11. Installation of "No Parking" signs along France Avenue for the entire length of the proposed France Avenue median. I. All maintenance in the boulevard area (including streetscape and snow removal) shall be provided by the property owner, or through the Excelsior Boulevard special service district. J. Street lighting units on Excelsior Boulevard must be identical to existing Excelsior Boulevard units for uniformity and maintenance purposes. K. Proper traffic control and safety in accordance with MUTCD (in addition to specific County and City permit requirements for all work within the public right of way). L. The developer shall maintain adequate separation between boulevard trees and underground utilities. Boulevard landscaping plans and small utility plans are subject to City Engineer review and approval. 11. The property owner(s) shall be responsible for obtaining a City license for the underground parking structure. 12. Future commercial tenants shall be responsible for obtaining all City licenses (i.e. restaurant), sign permits, and building permits to finish interior spaces. II13. Commercial and office tenants shall provide customer entrances from the plaza. Resolution No. 09-028 -8- 14. The plaza design and features shall maintain an open connection to the public sidewalk. Temporary or permanent barriers that restrict access to commercial and office customer entrances onto the plaza and connections to the public sidewalk shall be prohibited. Limited use of temporary fencing surrounding tenant outdoor seating areas may be approved administratively by the Zoning Administrator or his/her designee provided convenient access to the commercial and office building entrances onto the plaza are maintained. 15. The developer shall submit a sign plan for the entire development to the City for administrative review and approval by the Zoning Administrator or his/her designee prior to City issuance of sign permits. 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 PUD. 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. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Ado ted bythe CityCouncil February2, 2009 1 City Manager Attest: City Clerk • IIIDI11IVVII�IIIIIV1lllllllllllllln • Certified filed and/or recorded on 3/13/09 4 30 PM Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recorder Jill L Alverson, County Auditor and Treasurer Deputy 55 Doc Name: Resolution Document Recording Fee Pkg ID 519976 $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document 1 4 0 RESOLUTION NO. 09-028 RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX -MIXED USE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT 3900, 3912, 3920 EXCELSIOR BOULEVARD 3409, 3413, 3417 GLENHURST AVENUE SOUTH 3408, 3412, 3416 FRANCE AVENUE SOUTH ELLIPSE ON EXCELSIOR WHEREAS, the City Council approved the Preliminary PUD on December 1, 2008 Resolution No. 08-154; and WHEREAS, a complete application for approval of a Final Planned Unit Development (PUD) was received on December 15, 2008 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January 7, 2009, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 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. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Bader Development has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the MX -Mixed Use and R-4 Multiple Family Residential districts located at 3900, 3912, 3920 Excelsior Boulevard; 3409, 3413, 3417 Glenhurst Avenue South; and 3408, 3412, 3416 France Avenue South for the legal description as follows, to -wit: • Resolution No. 09-028 -2- Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -36 -PUD) and the effect of the proposed 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. lb r Resolution No. 09-028 -3- 3. The City Council has determined that the PUD will not be detrimental to the health, safety, illor 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 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(6)(5). The specific modifications include: 0 A. Increased residential density from 50 units per acre to 59.2 units per acre. B. Reduction in the overall Class I exterior building materials percentage from 80 percent to 64 percent. 4. The contents of Planning Case File 08 -36 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following requirements, consistent with the official exhibits, shall apply to the PUD: A. The maximum number of residential units shall be 132. B. The minimum number of parking spaces shall be 278. C. The maximum of gross floor area used for restaurant shall be 3,000 square feet. The City Council may approve an increase to 3,500 square feet of restaurant with a minor amendment to the Final PUD. D. The maximum building height shall be 60 feet. E. The majority of the first floor shall be used for commercial purposes. F. The plan shall meet the MX District setbacks from the adjacent R2 zoning district. E. All trash handling and storage facilities shall be located inside the building. F. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building or landscaping design and 100% screened from off-site. 3. Before starting any land disturbing activities on the site (excluding demolition of existing buildings): A. The developer and owner shall sign the assent form and official exhibits. B. The developer shall submit to the City proof of recording the final plat with Hennepin County. C. The developer shall submit building material samples and colors to the City for administrative review and approval. Resolution No. 09-028 -4- D. The developer or developer's engineer shall schedule pre -construction meetings at mutually agreeable times with all parties concerned, including City staff, to review the program for the construction work. 1. The developer's general contractor shall present a parking plan for construction equipment and vehicles, and workers' vehicles, at the preconstruction conference that minimizes or eliminates parking in the surrounding residential neighborhoods. 2. The developer shall involve a neighborhood representative in the preconstruction conference relating to the parking plan. E. The developer shall obtain all required permits for the proposed work, including but not necessarily limited to: 1. City right-of-way permits (required for any work within the right-of-way, including utility work, curb and gutter, sidewalk, driveway aprons, parking bays, road closures and sidewalk closures. , 2. Hennepin County permits for all work within the County right-of-way. 3. NPDES permit. 4. Minnehaha Creek Watershed District permits. 5. City erosion control permit (the City will require a copy of the watershed district and NPDES permits prior to issuance). 4. Prior to issuance of building permits, the developer shall enter into a Planning Development Contract with the City that addresses, at a minimum, the following: A. Installation and on-going maintenance at Developer's expense of on -street loading and streetscape improvements along all public streets, including the proposed landscaped median in France Avenue. Construction plans for said improvements shall be submitted to the City Engineer for review and approval. B. Installation at Developer's expense of relocating and abandoning public sanitary and storm sewer mains in accordance with City approved design and materials. C. Participation by the property owner in the special service district relating to maintenance of streetscape improvement within the public right-of-way along Excelsior Boulevard. D. Installation and on-going maintenance of public artwork that will be located in the plaza area at the corner of Excelsior Boulevard and France Avenue. The minimum financial contribution shall be finalized before the City Council takes action on the Final PUD. E. Performance guarantee (financial securities) in the form of cash or letter of credit for 1.25 times the estimated cost of installing public improvements, development landscaping, and survey monuments. F. Developer or owner cooperation, but not necessarily financial contribution, to consolidate driveway accesses onto Excelsior Boulevard should the site at 3924 Excelsior Boulevard (American Inn) redevelop and provides an opportunity for a full driveway access (not right -in, right -out only) to Excelsior Boulevard for both properties. 5. The developer or owner shall reimburse City attorney's fees in drafting/reviewing such ® documents as required in the Planned Unit Development approval. 6. During construction the developer, general contractor and subcontractors shall comply with the following requirements: l' Resolution No. 09-028 -5- A. Construction activities involving the use of power equipment, manual tools, movement of equipment, or similar activities shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and between the hours of 9:00 a.m. and 10:00 p.m. on Saturdays. No construction activity shall occur on Sundays and holidays. Limited exceptions to these construction hours may be permitted if the City issues a noise permit. B. The developer and general contractor shall implement and enforce a parking plan for construction equipment and vehicles, and workers' vehicles, which minimizes or eliminates parking in the surrounding residential neighborhoods. C. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non -working hours. D. Temporary electric power connections shall not adversely impact surrounding neighborhood service. E. Construction vehicles and equipment shall not line up, park or idle on neighborhood streets. F. Vehicular traffic access on France Avenue shall be maintained at all times. G. Pedestrian access along Excelsior Boulevard and to the existing bus stop shall be maintained during construction. Any expected disruptions shall be limited in duration and scope, and communicated to the City and County well in advance. 7. Before the City issues a final certificate of occupancy: A. The Developer shall provide the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans, all prepared in accordance with City standards. 8. The following facade design guidelines shall be applicable to all ground floor non-residential facades located in the Mixed -Use building facing Excelsior Boulevard and France Avenue: A. Facade Transparency. Windows and doors shall meet the following requirements: 1. For street -facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. 2. Visibility into the space shall be maintained for a minimum depth of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. B. Awnings. c 1. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. 2. Backlit awnings 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 for the following purposes, provided a six-foot minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between obstructions on public sidewalks and provided that all activity is occurring on private property: • Resolution No. 09-028 -6- 1. Display of merchandise. 2. Benches, planters, ornaments and art. 3. Signage, as permitted in the zoning ordinance. 4. Dining areas may extend beyond five feet of the building, provided eight feet minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between the obstructions on the sidewalk. D. All wall vents and assorted' fixtures shall be painted to match the color of the wall to which they are attached. 9. The development shall comply with the following Fire Department requirements: A. New on-site fire hydrants shall meet City specifications. B. An existing hydrant is shown remaining at the corner of Excelsior and France. The condition of this hydrant (and overall fire protection needs for the site) must be reviewed and approved by the Fire Department. C. Fire standpipes shall be provided in east and northwest stairways. D. The fire sprinkler system shall be an NFPA 13 system zoned by the floor level. Zone valves shall be in a location approved by the Fire Marshal. E. The elevator shall have a back up generator per State of Minnesota elevator code. F. Floor levels for the elevator shall be designated'/labeled garage (-1), ground floor (1), second floor (2) and etc. G. The make up and exhaust fans in the garage level shall have fire department override switches at a location approved by the Fire Marshal. 10. The development shall comply with the following Public Works Department requirements: A. The developer shall cap all existing water services to be removed. B. The underlying soil conditions of the proposed relocation area for sanitary and storm sewer mains shall be verified for adequacy. C. The utility relocation construction work area extends into Excelsior Boulevard, and it is expected that lane closures will be necessary. Work within the Excelsior Boulevard right- of-way, or any lane closures, shall occur only with the permission of Hennepin County. Hennepin County will likely require full restoration standards to all roadway and other disturbances. D. The proposed relocation of the sanitary sewer lift station wall panel shall be reviewed and approved by the Public Works Utility Division. E. The developer shall be responsible for all bypass pumping as needed during the course of constructing the relocated sanitary and storm sewer mains. F. The property owner shall be responsible for long term maintenance of the proposed landscaped median in France Avenue. G. The minimum sidewalk clearance width between obstructions (i.e. landscaping, light poles, bollards, stairways, building, etc.) shall be six feet at all locations. H. The plan shall' comply with the recommendations of the traffic study prepared by SRF Consulting Engineers and dated 10-30-08, including: 1. Provision of sufficient space for temporary vehicle parking in the proposed Excelsior Boulevard loading area to prevent queuing onto Excelsior Boulevard. IP 0 Resolution No. 09-028 -7- 2. Installation of proper signage to clearly identify the ramp as "Resident Parking Only," in order to prevent unfamiliar vehicles from entering the below ground parking garage area. 3. Installation and use of secure access (i.e. card key) to the below ground parking garage located at the garage entrance. 4. Installation of signage such as "stop" or "yield" signs, in accordance with MUTCD, shall be provided on-site to prevent internal conflicts amongst vehicles, as well as vehicular and pedestrian conflict areas. 5. Provision of adequate clearance and installation of proper signage for service and emergency vehicles at the west end of the development where the surface parking lot passes under the proposed building. 6. Installation and maintenance of neighborhood identification sign in the proposed France Avenue median. 7. Installation of "No Outlet" sign(s) on northbound France Avenue. 8. Location and design of the proposed France Avenue landscaped median shall provide sufficient clearance for all traffic on France Avenue to easily enter and exit the development's driveway (i.e., offset distance of the median and design of median nose) and shall not restrict access into or out of the adjacent home north of the proposed redevelopment. 9. Consideration shall be given of vehicle and pedestrian sight distance and potential for damage by vehicles and snow plows with respect to the design and location of France Avenue gateway treatments. 10. Provision of at least 14 feet wide travel lanes on France Avenue (curb face to curb face) in the vicinity of the proposed landscaped median in France Avenue to provide adequate space for large semi -trucks and on -street bicycle traffic. 11. Installation of "No Parking" signs along France Avenue for the entire length of the proposed France Avenue median. I. All maintenance in the boulevard area (including streetscape and snow removal) shall be provided by the property owner, or through the Excelsior Boulevard special service district. J. Street lighting units on Excelsior Boulevard must be identical to existing Excelsior Boulevard units for uniformity and maintenance purposes. K. Proper traffic control and safety in accordance with MUTCD (in addition to specific County and City permit requirements for all work within the public right of way). L. The developer shall maintain adequate separation between boulevard trees and underground utilities. Boulevard landscaping plans and small utility plans are subject to City Engineer review and approval. 11. The property owner(s) shall be responsible for obtaining a City license for the underground parking structure. 1111) 12. Future commercial tenants shall be responsible for obtaining all City licenses (i.e. restaurant), sign permits, and building permits to finish interior spaces. 13. Commercial and office tenants shall provide customer entrances from the plaza. • {.. Resolution No. 09-028 -8- 14. The plaza design and features shall maintain an open connection to the public sidewalk. OPTemporary or permanent barriers that restrict access to commercial and office customer entrances onto the plaza and connections to the public sidewalk shall be prohibited. Limited use of temporary fencing surrounding tenant outdoor seating areas may be approved administratively by the Zoning Administrator or his/her designee provided convenient access to the commercial and office building entrances onto the plaza are maintained. 15. The developer shall submit a sign plan for the entire development to the City for administrative review and approval by the Zoning Administrator or his/her designee prior to City issuance of sign permits. 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 PUD. 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. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or 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. 09-028 adopted at the St. Louis Park City Council meeting held on February 2, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 3rd day of March, 2009. Of!.... _...-1 /J Nancy J igftr. , City Clerk • RESOLUTION NO. 09-028 RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX -MIXED USE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT 3900, 3912, 3920 EXCELSIOR BOULEVARD 3409, 3413, 3417 GLENHURST AVENUE SOUTH 3408, 3412, 3416 FRANCE AVENUE SOUTH ELLIPSE ON EXCELSIOR WHEREAS, the City Council approved the Preliminary PUD on December 1, 2008 Resolution No. 08-154; and WHEREAS, a complete application for approval of a Final Planned Unit Development (PUD) was received on December 15, 2008 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January 7, 2009, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 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. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Bader Development has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the MX -Mixed Use and R-4 Multiple Family Residential districts located at 3900, 3912, 3920 Excelsior Boulevard; 3409, 3413, 3417 Glenhurst Avenue South; and 3408, 3412, 3416 France Avenue South for the legal description as follows, to -wit: Resolution No. ,09-028 -2- Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -36 -PUD) and the effect of the proposed 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. Resolution No.. 09-028 -3- 3. The City Council has determined that the PUD will not be detrimental to the health, safety, por 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 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(6)(5). The specific modifications include: A. Increased residential density from 50 units per acre to 59.2 units per acre. B. Reduction in the overall Class I exterior building materials percentage from 80 percent to 64 percent. 4. The contents of Planning Case File 08 -36 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 4110 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following requirements, consistent with the official exhibits, shall apply to the PUD: A. The maximum number of residential units shall be 132. B. The minimum number of parking spaces shall be 278. C. The maximum of gross floor area used for restaurant shall be 3,000 square feet. The City Council may approve an increase to 3,500 square feet of restaurant with a minor amendment to the Final PUD. D. The maximum building height shall be 60 feet. E. The majority of the first floor shall be used for commercial purposes. F. The plan shall meet the MX District setbacks from the adjacent R2 zoning district. E. All trash handling and storage facilities shall be located inside the building. F. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building or landscaping design and 100% screened from off-site. 3. Before starting any land disturbing activities on the site (excluding demolition of existing buildings): A. The developer and owner shall sign the assent form and official exhibits. B. The developer shall submit to the City proof of recording the final plat with Hennepin County. C. The developer shall submit building material samples and colors to the City for administrative review and approval. Resolution No: 09-028 -4- D. The developer or developer's engineer shall schedule pre -construction meetings at mutually agreeable times with all parties concerned, including City staff, to review the program for the construction work. 1. The developer's general contractor shall present a parking plan for construction equipment and vehicles, and workers' vehicles, at the preconstruction conference that minimizes or eliminates parking in the surrounding residential neighborhoods. 2. The developer shall involve a neighborhood representative in the preconstruction conference relating to the parking plan. E. The developer shall obtain all required permits for the proposed work, including but not necessarily limited to: 1. City right-of-way permits (required for any work within the right-of-way, including utility work, curb and gutter, sidewalk, driveway aprons, parking bays, road closures and sidewalk closures. 2. Hennepin County permits for all work within the County right-of-way. 3. NPDES permit. 4. Minnehaha Creek Watershed District permits. 5. City erosion control ' permit (the City will require a copy of the watershed district and NPDES permits prior to issuance). 4. Prior to issuance of building permits, the developer shall enter into a Planning Development Contract with the City that addresses, at a minimum, the following: A. Installation and on-going maintenance at Developer's expense of on -street loading and streetscape improvements along all public streets, including the proposed landscaped median in France Avenue. Construction plans for said improvements shall be submitted to the City Engineer for review and approval. B. Installation at Developer's expense of relocating and abandoning public sanitary and storm sewer mains in accordance with City approved design and materials. C. Participation by the property owner in the special service district relating to maintenance of streetscape improvement within the public right-of-way along Excelsior Boulevard. D. Installation and on-going maintenance of public artwork that will be located in the plaza area at the corner of Excelsior Boulevard and France Avenue. The minimum financial contribution shall be finalized before the City Council takes action on the Final PUD. E. Performance guarantee (financial securities) in the form of cash or letter of credit for 1.25 times the estimated cost of installing public improvements, development landscaping, and survey monuments. F. Developer or owner cooperation, but not necessarily financial contribution, to consolidate driveway accesses onto Excelsior Boulevard should the site at 3924 Excelsior Boulevard (American Inn) redevelop and provides an opportunity for a full driveway access (not right -in, right -out only) to Excelsior Boulevard for both properties. 5. The developer or owner shall reimburse City attorney's fees in drafting/reviewing such Odocuments as required in the Planned Unit Development approval. 6. During construction the developer, general contractor and subcontractors shall comply with the following requirements: Resolution Nb.. 09-028 -5- A. Construction activities involving the use of power equipment, manual tools, movement of equipment, or similar activities shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and between the hours of 9:00 a.m. and 10:00 p.m. on Saturdays. No construction activity shall occur on Sundays and holidays. Limited exceptions to these construction hours may be permitted if the City issues a noise permit. B. The developer and general contractor shall implement and enforce a parking plan for construction equipment and vehicles, and workers' vehicles, which minimizes or eliminates parking in the surrounding residential neighborhoods. C. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non -working hours. D. Temporary electric power connections shall not adversely impact surrounding neighborhood service. E. Construction vehicles and equipment shall not line up, park or idle on neighborhood streets. F. Vehicular traffic access on France Avenue shall be maintained at all times. G. Pedestrian access along Excelsior Boulevard and to the existing bus stop shall be maintained during construction. Any expected disruptions shall be limited in duration and scope, and communicated to the City and County well in advance. AO 7. Before the City issues a final certificate of occupancy: A. The Developer shall provide the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans, all prepared in accordance with City standards. • 8. The following facade design guidelines shall be applicable to all ground floor non-residential facades located in the Mixed -Use building facing Excelsior Boulevard and France Avenue: A. Facade Transparency. Windows and doors shall meet the following requirements: 1 For street -facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. 2. Visibility into the space shall be maintained for a minimum depth 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 must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. 2. Backlit awnings 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 for the following purposes, provided a six-foot minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between obstructions on public sidewalks and provided that all activity is occurring on private property: Resolution Nb: 09-028 -6- 1. Display of merchandise. 2. Benches, planters, ornaments and art. 3. Signage, as permitted in the zoning ordinance. 4. Dining areas may extend beyond five feet of minimum horizontal clearance along Excelsior maintained between the obstructions on the sidew D. All wall vents and assorted fixtures shall be painted which they are attached. the building, provided eight feet Boulevard and France Avenue is alk. to match the color of the wall to 9. The development shall comply with the following Fire Department requirements: A. New on-site fire hydrants shall meet City specifications. B. An existing hydrant is shown remaining at the corner of Excelsior and France. The condition of this hydrant (and overall fire protection needs for the site), must be reviewed and approved by the Fire Department. C. Fire standpipes shall be provided in east and northwest stairways. D. The fire sprinkler system shall be an NFPA 13 system zoned by the floor level. Zone valves shall be in a location approved by the Fire Marshal. E. The elevator shall have a back up generator per State of Minnesota elevator code. F. Floor levels for the elevator shall be designated/labeled garage (-1), ground floor (1), second floor (2) and etc. G. The make up and exhaust fans in the garage level shall have fire department override switches at a location approved by the Fire Marshal. 10. The development shall comply with the following Public Works Department requirements: A. The developer shall cap all existing water services to be removed. B. The underlying soil conditions of the proposed relocation area for sanitary and storm sewer mains shall be verified for adequacy. C. The utility relocation construction work area extends into Excelsior Boulevard, and it is expected that lane closures will be necessary. Work within the Excelsior Boulevard right- of-way, or any lane closures, shall occur only with the permission of Hennepin County. Hennepin County will likely require full restoration standards to all roadway and other disturbances. D. The proposed relocation of the sanitary sewer lift station wall panel shall be reviewed and approved by the Public Works Utility Division. E. The developer shall be responsible for all bypass pumping as needed during the course of constructing the relocated sanitary and storm sewer mains. F. The property owner shall be responsible for long term maintenance of the proposed landscaped median in France Avenue. G. The minimum sidewalk clearance width between obstructions (i.e. landscaping, light poles, bollards, stairways, building, etc.) shall be six feet at all locations. H. The plan shall comply with the recommendations of the traffic study prepared by SRF Consulting Engineers and dated 10-30-08, including: 1. Provision of sufficient space for temporary vehicle parking in the proposed Excelsior Boulevard loading area to prevent queuing onto Excelsior Boulevard. Resolution No: 09-08 -7- 2. Installation of proper signage to clearly identify the ramp as "Resident Parking Only," in order to prevent unfamiliar vehicles from entering the below ground parking garage area. 3. Installation and use of secure access (i.e. card key) to the below ground parking garage located at the garage entrance. 4. Installation of signage such as "stop" or "yield" signs, in accordance with MUTCD, shall be provided on-site to prevent internal conflicts amongst vehicles, as well as vehicular and pedestrian conflict areas. 5. Provision of adequate clearance and installation of proper signage for service and emergency vehicles at the west end of the development where the surface parking lot passes under the proposed building. 6. Installation and maintenance of neighborhood identification sign in the proposed France Avenue median. 7. Installation of "No Outlet" sign(s) on northbound France Avenue. 8. Location and design of the proposed France Avenue landscaped median shall provide sufficient clearance for all traffic on France Avenue to easily enter and exit the development's driveway (i.e., offset distance of the median and design of median nose) and shall not restrict access into or out of the adjacent home north of the proposed redevelopment. 9. Consideration shall be given of vehicle and pedestrian sight distance and potential for damage by vehicles and snow plows with respect to the design and location of France Avenue gateway treatments. 10. Provision of at least 14 feet wide travel lanes on France Avenue (curb face to curb face) in the vicinity of the proposed landscaped median in France Avenue to provide adequate space for large semi -trucks and on -street bicycle traffic. 11. Installation of "No Parking" signs along France Avenue for the entire length of the proposed France Avenue median. I. All maintenance in the boulevard area (including streetscape and snow removal) shall be provided by the property owner, or through the Excelsior Boulevard special service district. J. Street lighting units on Excelsior Boulevard must be identical to existing Excelsior Boulevard units for uniformity and maintenance purposes. K. Proper traffic control and safety in accordance with MUTCD (in addition to specific County and Ciry permit requirements for all work within the public right of way). L. The developer shall maintain adequate separation between boulevard trees and underground utilities. Boulevard landscaping plans and small utility plans are subject to City Engineer review and approval. 11. The property owner(s) shall be responsible for obtaining a City license for the underground parking structure. • 12. Future commercial tenants shall be responsible for obtaining all City licenses (i.e. restaurant), sign permits, and building permits to finish interior spaces. 13. Commercial and office tenants shall provide customer entrances from the plaza. Resolution Not 09=018 -8- 14. The plaza design and features shall maintain an open connection to the public sidewalk. Temporary or permanent barriers that restrict access to commercial and office customer entrances onto the plaza and connections to the public sidewalk shall be prohibited. Limited use of temporary fencing surrounding tenant outdoor seating areas may be approved administratively by the Zoning Administrator or his/her designee provided convenient access to the commercial and office building entrances onto the plaza are maintained. 15. The developer shall submit a sign plan for the entire development to the City for administrative review and approval by the Zoning Administrator or his/her designee prior to City issuance of sign permits. 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 PUD. 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. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or 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. 09-028 adopted at the St. Louis Park City Council meeting held on February 2, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 3rd day of March, 2009. • l2in(� ) Nancy t th, City Clerk