HomeMy WebLinkAbout10-023 - ADMIN Resolution - City Council - 2010/03/01RESOLUTION NO. 10-023
RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 96-153,
96-189, 03-139, 04-024, AND 05-167 ADOPTED ON OCTOBER 7, 1996,
DECEMBER 2, 1996, OCTOBER 7, 2003, FEBRUARY 2, 2004, AND DECEMBER 5,
2005 APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER
SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE AND
CONSOLIDATING CONDITIONS FROM AN EXISTING SPECIAL PERMIT AND
PUD FOR PROPERTY ZONED R -C, MULTI -FAMILY RESIDENTIAL GRANTING
FINAL PUD APPROVAL FOR A SENIOR HOUSING CONDOMINIUM
DEVELOPMENT AT 3601 PARK CENTER BOULEVARD AND COMBINING
PROPOSED AND EXISTING DEVELOPMENT OF THE PARKSHORE CAMPUS AS A
PLANNED UNIT DEVELOPMENT - 3601, 3633 AND 3663 PARK CENTER
BOULEVARD MINOR AMENDMENT TO PUD FOR RENOVATION AND
EXPANSION AT THE PARKSHORE APARTMENT BUILDING —
3663 PARK CENTER BOULEVARD
WHEREAS, SilverCrest Properties, LLC has 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 for renovation and expansion at 3663 Park Center Boulevard within
a R -C, Multi -Family Residential Zoning District having the following legal description:
Lots 1, 2 and 3, Block 1, Silvercrest Addition
WHEREAS, the City Council has considered information related to Planning Case No. 10-
05 -PUD and the effect of the proposed renovation and expansion 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.
WHEREAS, the City Council has determined that the Minor Amendment to the Final
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 or hazards, nor will
it seriously depreciate surrounding property values. The Council has also determined that the
proposed amendment to the Final 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.
WHEREAS, the City Council adopted Resolution No. 86-62 on May 19, 1986 approving a
special permit to allow construction of a 207 unit senior citizen apartment building at 3663 Park
Center Boulevard; and
WHEREAS, the City Council adopted Resolution No. 96-153 on October 7, 1996
approving an amendment to the existing special permit for the 207 -unit senior apartment building
at 3663 Park Center Boulevard to allow certain site design changes (realignment of an existing trail
and certain concrete curbs; construction of an additional sidewalk connection; and modifications to
the approved landscape plan) in association with separate PUD approval of a 45 unit assisted living
building on a portion of 3601 Park Center Boulevard (now 3633 Park Center Boulevard); and
Resolution No. 10-023 -2-
WHEREAS, the City Council adopted Resolution No. 96-152 on October 7, 1996
approving the Final PUD for the existing office building, removal of the bank with in -vehicle service
and new 45 unit assisted living building at 3601 Park Center Boulevard (now also 3633 Park Center
Boulevard); and
WHEREAS, the City Council adopted Resolution No. 96-189 on December 2, 1996
rescinding Resolution No. 96-152 approving the Final PUD in order to correct the legal description
and address; and
WHEREAS, the City Council adopted Resolution 99-101 on September 7, 1999 approving
an amendment to the Comprehensive Plan to adopt a Redevelopment Plan for 3601, 3633 and
3663 Park Center Boulevard allowing certain modifications to ordinance requirements and
parameters for future redevelopment of the office building at 3601 Park Center Boulevard; and
WHEREAS, the City Council adopted Resolution No. 99-102 on September 7, 1999
approving the preliminary and final plat for Silvercrest Addition to reconfigure internal lot lines
allowing a 46 unit addition to the assisted living building on Lot 2 for a total of 91 units and
requiring trail easements over Lots 1, 2 and 3 (3601, 3633 and 3663 Park Center Boulevard
respectively), a road easement over Lot 3, trail construction over Lots 1 and 2, a parking agreement
between Lots 2 and 3, certain maintenance agreements, and cooperation with the City regarding
future construction of the north -south roadway and trail on Lot 3; and
WHEREAS, the City Council adopted Ordinance No. 2143-99 on September 7, 1999
vacating certain drainage, utility and trail easements at 3601, 1633 and 3663 Park Center Boulevard
effective upon recording new easements; and
WHEREAS, the City Council adopted Resolution No. 99-140 on December 6, 1999
amending and restating the conditions of Resolution No. 99-102 to extend the plat filing deadline
to January 6, 2000; and
WHEREAS, the City Council adopted Resolution No. 03-138 on October 7, 2003
approving an amendment to the Comprehensive Plan to revise the text of the Redevelopment Plan
to allow density and floor area ratio (FAR) averaging over the 3601, 3633 and 3663 Park Center
Boulevard properties, to increase the allowable average floor area ratio for all three properties, to
increase allowable height for future redevelopment of the 3601 Park Center Boulevard, and to allow
a curb cut on the south edge of the 3601 Park Center Boulevard property (until such time as access
consolidation could be achieved), and to adopt an overall Redevelopment Plan for the three
properties;
WHEREAS, the City Council adopted Resolution No. 03-139 on October 7, 2003
approving a Preliminary PUD for redevelopment of the 3601 Park Center Boulevard office building
for a 150 unit senior housing condominium building and consolidating conditions from the PUD
for 3601 and 3633 Park Center Boulevard and special permit for 3663 Park Center Boulevard
granting Preliminary PUD approval for proposed and existing development of the Parkshore
Campus at 3601, 3633 and 3663 Park Center Boulevard; and
Resolution No. 10-023 -3-
WHEREAS, a Final PUD was approved regarding the subject property pursuant to
Resolution No. 04-024 of the St. Louis Park City Council dated February 2, 2004 which contained
conditions applicable to said property; and
WHEREAS, a major amendment was approved regarding the subject property pursuant to
Resolution No. 05-167 of the St. Louis Park City Council dated December 5, 2005 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 also the intent of this resolution to continue and restate the conditions of
Resolution Nos. 96-153, 96-189, 03-139, 04-024, and 05-167, to add the amendments now
required, to reference the required conditions of Resolution No. 99-140, and thereby to consolidate
all conditions applicable to the subject properties into this resolution, and
WHEREAS, the contents of Planning Case Files 86 -20 -SP, 96 -16 -PUD, 96 -25 -CUP, 99-
14 -CP, 99-15-S, 99-16-V, 03 -37 -CP, 03 -38 -PUD, 05 -33 -PUD, and 10 -05 -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. 05-167 (filed as
Document No. 8762949) 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 renovation
and expansion within the R -C, Multi -Family Residential Zoning District at the location described
above based on the following conditions:
A. From special permit Res. 96-153, 3663 Park Ctr. Blvd. (now also 3633 Park Center Blvd.):
1. That the site be developed, used and maintained in accordance with Exhibit A - Site
Plan; Exhibit B - Ground Floor Plan; Exhibit C - Ground Floor Plan; Exhibit D - First
Floor Plan; Exhibit E - Typical Floor Plan; Exhibit F - West Elevation and North
Elevation; Exhibit G - East Elevation and South Elevation; and Exhibit H - Landscape
Site Plan, (the floor plans are for general purposes only) except as amended by
conditions C. 1-11 adopted on February 2, 2004 and as_modified by the following
conditions:
2. The use of the site shall be for senior citizen housing containing 207 units.
3. That all trash be stored inside the building and there be no outdoor storage of trash or
trash containers.
4. That all lighting be directed perpendicular to the ground and no direct rays shall extend
beyond the property line.
5. That the driveway and private entrance contain concrete, poured -in-place curbing
measuring six inches above and below the adjacent roadway surface.
6. That the upper portions of the ramp in the interior of the parking lot contain 5%
landscaping and pedestrian circulation and additional ornamental trees be provided
along the south and east lot lines as shown on the revised plan, and that up to 20 parking
spaces be permitted to be eliminated to provide for the additional landscaping.
Resolution No. 10-023 -4-
7. That erosion control provisions be employed during the construction phase to protect
Wolfe Lake and to minimize erosion on the site and runoff of erosion material into other
private or public property.
8. That the entrance road be designed and constructed in a manner so as to protect the City
storm sewer system and as specified by the Director of Public Works
9. That driveways be constructed at a grade not to exceed 6%.
10. That the link from the cul de sac to the sidewalk be constructed at a grade not to exceed
5% and that all other walkways be constructed at a grade not to exceed 4% and curb
drops be provided at all intersections with the private and public roads.
11. That the east -west walkway along the north property line be at least as wide as the
adjacent trail in Wolfe Park to which it is to link with. Said walkway to be extended by
the applicant to the walkway in Wolfe Park and be lighted using decorative lighting to
match the lighting in Wolfe Park.
12 That prior to construction, an easement be provided to the City permitting the five feet
parallel to Park Center Boulevard to be used for pedestrian purposes and that a
pedestrian easement approximately 25 feet wide be provided along the north property
line for pedestrian purposes. (The width is wider to accommodate the curvilinear nature
of the design.)
13. That all improvements including buildings, landscaping, parking, curbing and other
improvements as contained on the improved exhibits be completed by May 15, 1988,
however, if a certificate of full occupancy is received by September 1, 1987, all
landscaping and other improvements must be completed by October 15, 1987.
14. The continued special permit shall be amended pursuant to Planning Case No. 96 -25 -
CUP to permit realignment of an existing trail and certain concrete curbs; construction
of an additional sidewalk connection; and modifications to the approved landscape plan
to allow construction of a 45 unit Assisted Living facility on 3633 Park Center Boulevard
subject to the following conditions:
a) The northern portion of the site shall be developed, used and maintained in
accordance with Exhibit I: Demolition Plan, Exhibit J: Site Plan, Exhibit K:
Grading, Drainage and Erosion Control Plan, Exhibit L: Landscape Plan such
documents incorporated by reference herein.
b) Prior to issuance of an erosion control permit and commencement of site work, a
14 feet wide trail easement shall be dedicated to the City in a form acceptable to the
Director of Park and Recreation and the City Attorney.
c) Prior to issuance of utility permits, details of the proposed storm sewer connection
shall be approved by the City Engineer.
d) Prior to issuance of an Occupancy Permit for the adjacent Assisted Living facility,
the trail realignment shall be completed by the applicant in accordance with City
specifications and in a manner acceptable to the Director of Park and Recreation,
unless a letter of credit in an amount equal to 125% of the cost of said trail
construction has been submitted in a form acceptable to the City Attorney.
15. Assent form and official exhibits must be signed by applicant prior to issuance of erosion
control permit and commencement of site work.
B. From Res. 96-189 final PUD for 3601 Park Center Blvd. (now also 3633 Park Center
Blvd.):
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Resolution No. 10-023 -5-
1. The site shall be developed, used and maintained in accordance with Exhibit A:
Demolition Plan, Exhibit B: Site Plan, Exhibit C: Grading, Drainage and Erosion
Control Plan, Exhibit D: Landscape Plan, Exhibits E and F: Elevations, Exhibit G:
Fence, Enclosure Designs, except as amended by conditions C. 1-11 adopted on
February 2, 2004, and the following conditions:
a) Approval of the Final PUD does not grant any concept approval for future phases
of development involving this property.
b) Approval of the Final PUD is contingent upon City Council approval of an
amendment to the Continued Special Permit for the Parkshore Place apartment
property to address associated improvements involving that property; approval of
the Final PUD is further contingent upon adherence by the applicant to any
conditions of such Special Permit approval.
c) Approval of the Final PUD includes modification of the lot width requirement in
the "R -C" District from 80 feet to 40 feet and allows for administrative approval of
a subdivision to create a separate lot for the Assisted Living property (3633 Park
Center Boulevard) as shown on Exhibit B.
d) Approval of the Final PUD is contingent upon termination of the drive thru bank
lease, once the current term expires, and removal of the drive thru building.
e) Evidence of Watershed District approval shall be submitted prior to issuance of
erosion control and building permits; the project shall comply with other City,
State, and Federal agency requirements as applicable.
f) Final Utility Plans and evidence of property owner consent to sanitary sewer
connections shall be submitted and approved by the City Engineer prior to issuance
of utility and building permits.
g) Samples of final building materials and colors and potential minor changes to the
exhibits, as needed, shall be submitted and approved by the Director of
Community Development prior to issuance of buildings permits. Use of vinyl
siding is expressly prohibited.
h) A development agreement between the applicant and EDA shall be executed prior
to issuance of building permits.
i) Irrigation and Site Lighting Plans (including photometric) shall be approved by the
Zoning Administrator prior to issuance of building permits.
j) Sprinkler and Fire Alarm Plans shall be approved by the Fire Marshall prior to
issuance of building permits
k) Joint parking and access agreements between the office/bank property, Assisted
Living Property, and Parkshore Place apartment property, in a form acceptable to
the City Attorney, shall be executed prior to issuance of an Occupancy Permit for
the Assisted Living facility.
1) All improvements shall be completed in a manner acceptable to the City prior to
issuance of an Occupancy Permit, except that a temporary Occupancy Permit may
be issued prior to completion of landscaping improvements provided a letter of
credit in an amount equal to 125% of the cost of said improvements is submitted in
a form acceptable to the City Attorney.
C. The Planned Unit Development shall be amended on February 2, 2004 to incorporate all of
the preceding conditions and to grant Final PUD approval for a 150 unit senior condominium
Resolution No. 10-023 -6-
development ("Park Summit Condominiums") at 3601 Park Center Boulevard and consolidation of
access and related improvements at 3633 and 3663 Park Center Boulevard subject to the following
conditions:
1. The site shall be developed, used and maintained in conformance with the Final PUD
official exhibits, which shall include the revised Parking Structure plan sheet stamped as
Received by the City December 22, 2003 and the Proposed Access and Internal
Circulation Plan stamped as Received by the City December 30, 2003. The Proposed
Access and Internal Circulation Plan may be revised based upon more detailed future
roadway design work. The Official Exhibits shall also include the revised Description
Sketch survey showing existing trail and roadway easements stamped as Received by the
City January 16, 2004, and the revised Dimensional Site Plan stamped as Received by
the City on January 16, 2004. The Proposed Alternate Entrance on the Dimensional
Site Plan is not approved.
2. Prior to any site work, including demolition, the developer shall meet the following
requirements:
a) Development and maintenance agreement(s) shall be executed between the
developer and the City. The agreement(s) shall include, but not be limited to,
conditions for the developer meeting the following requirements:
i) Construction vehicles shall access the site from Hwy. 100, 361h Street, and
Park Center Blvd. utilizing the interim curb cut as a left -in, right -out only.
Construction vehicles shall not be permitted on Park Center Blvd. south of the
senior condominium property.
ii) Public sidewalk and trail construction.
iii) Repair and cleaning of public streets.
iv) Tree replacement.
v) Constructing a consolidated driveway access to all three properties as shown
conceptually on the Proposed Access and Internal Circulation Plan (dated
December 30, 2003) of the Official Exhibits.
vi) Cost sharing for the road improvements to Park Center Boulevard and the
possible traffic signal at the consolidated access driveway.
vii) On-going responsibility for maintaining the strip of park land located east of
the condominium and west of the park access drive off of 36`h Street.
viii) Adherence to the parking management plan and requirements to convert the
proof -of -parking spaces if directed by the City in response to on- or off-site
parking problems.
ix) Agreement to pay the equivalent of special service district fees previously paid
by the office development for the 3601 Park Center Blvd. property.
x) Adherence to required conditions in the homeowner's association declaration
documents.
b) Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of public sidewalk and trail installation,
repair/cleaning of public streets/utilities, and tree replacement/landscaping.
Resolution No. 10-023 -7-
c) Required tree protection, erosion control fencing, trail closed signs, and safety
fencing shall be in place and approved by the City prior to any grading and
demolition activities.
d) The homeowners association documents shall be as approved by the City Attorney
and shall prohibit the rental or sale of guest parking spaces and the sale or rental of
any parking spaces to non-residents. The homeowner's association documents shall
also address continued payment of Special Service District fees equivalent to fees
previously paid by the office development at 3601 Park Center Blvd.
e) Record all cross -easement agreements for utilities and drainage for the three lots
within the PUD and record any required changes to the joint parking and access
agreements, maintenance agreement, and trail easement.
f) Reimburse the City for City attorney's fees in drafting/reviewing such documents.
g) Obtain demolition, work in the right of way and erosion control permits,
Watershed District permit and other necessary permits from the City and other
agencies.
h) Sign Assent Form and Official Exhibits.
i) Meet City and Public Works Department requirements for utility connections and
disconnects, including pavement restoration, protection of sidewalk, trail, lighting
and streetscape elements and replacement of any damaged elements,
j) Meet solar shading requirements or obtain approval of a variance.
k) Meet any other conditions of the development agreement required prior to site
work.
3. Prior to issuance of any building permits, which may impose additional requirements,
the developer shall comply with the following:
a) Meet any Fire Department emergency access requirements during construction.
b) Building materials samples to be submitted to and approved by the City.
c) Lighting plans, including photometrics to be submitted to and approved by the
City for the entire development. Lighting design is to be compatible throughout
the development, and shall meet all City standards.
d) Meet any other conditions as required by the Development Agreement prior to
building permit.
4. The developer shall comply with the following conditions during construction:
a) All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
b) Loud equipment shall be kept as far as possible from residences at all times.
c) The site shall be kept free of dust and debris that could blow onto neighboring
properties including the City aquatic facility.
d) Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e) Construction vehicles are prohibited from entering the site from park land
property.
f) The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding properties.
Resolution No. 10-023 -8-
g)
A left -in, right -out temporary construction entrance is allowed on the 3601 Park
Center Blvd. property (Lot 1) in accordance with the approved grading plan and
Condition C.2.a) i) of this resolution.
5. A PUD modification to allow a sign setback of 15 feet is approved subject to approval of
a sign permit. Sign permits are required prior to installation of any temporary or
permanent signs and shall include designation of guest parking spaces.
6. The developer shall comply with the following conditions prior to occupancy of the
senior condominium building:
a) All permanent site and building improvements shall be complete, other than
landscaping, and a letter of credit for 125% of the cost of landscaping shall be
submitted
b) Submit as -built plans to the City in electronic or Mylar format for all civil
infrastructure.
c) Meet any other conditions as required by the development agreement prior to
occupancy.
d) If reasonably possible, complete improvements in Condition 7. Otherwise, make
the temporary construction access "permanent" until such time as the consolidated
access is completed.
7. The developer agrees to close the driveway access on the 3601 Park Center Blvd property
(Lot 1), repair the right-of-way, and construct the consolidated PUD access, at
developer's or property owners' expense, at the time of reconstruction of Park Center
Blvd. adjacent to the PUD site.
8. The developer or property owners agree to pay a fair share of any future traffic signal at
the consolidated PUD access.
9. The developer or property owners agree to continue paying the equivalent of special
service district fees previously paid by the office development at 3601 Park Center Blvd.
10. The developer or property owners agree to comply with the conditions of Resolution 99-
.102, including but not limited to cooperation with the City regarding future
construction of the north -south roadway and additional trail construction on the 3663
Park Center Blvd. property (Lot 3).
11. The developer or property owner(s) shall pay an administrative fine of $750 per violation
of any condition of this approval.
D. The Planned Unit Development shall be amended on December 5, 2005 to incorporate all of
the preceding conditions and add the following conditions for the Park Summit building at
3601 Park Center Boulevard:
1. The Park Summit building will be revised to be a maximum of 12 stories and 126 feet in
height, having a maximum of 145 condominium units.
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Resolution No. 10-023 -9-
2. No age restrictions shall be placed on future residents at the Park Summit
Condominiums, however the condominium units will be marketed to buyers 55 years of
age and older.
3. The developer will provide a minimum of 255 parking spaces for the Park Summit
condominium building at 3601 Park Center Boulevard. A minimum of 240 of those
spaces must be provided underground. If shown to be needed, the developer shall allow
underground parking at the Park Shores apartment building (3663 Park Center
Boulevard) to be leased to residents of the Park Summit Condominium building.
4. Prior to the issuance of a Certificate of Occupancy for the Park Summit Condominiums,
the developer shall:
a. Construct a consolidated driveway access to the campus, completing all driveway
and sidewalk connections as shown on the revised site plan. The direct access
point to 3601 Park Center Boulevard will be closed and the access to the campus
shall be via the consolidated campus driveway as shown on the official site plan.
This requirement shall supersede any other requirement in all previous resolutions
regarding the direct access point to 3601 Park Center Boulevard.
b. Grant the City of St. Louis Park an easement for the purpose of the installation of
wireless internet equipment and related appurtenances.
c. Donate $40,000 for the purpose of erecting public art within or near the campus
area for the benefit of the residents of the campus and the City. The developer
shall work with the Director of Parks and Recreation to facilitate the decision
process regarding the type and location of the public art installation.
d. Ensure that all mechanical equipment, including that mechanical equipment
already installed on other buildings within the PUD, is completely and fully
screened from off-site view in accordance with zoning regulations.
e. Provide up to $9,000 toward the cost of transit shelters at the intersection of West
36'h Street and Park Center Boulevard.
E. The Planned Unit Development shall be amended on March 1, 2010 to incorporate all of
the preceding conditions and add the following conditions for the Parkshore Apartment
building at 3663 Park Center Boulevard:
1. Modifications to the approved Official Exhibits for the Parkshore Apartment building
are approved as follows:
a. A first -floor addition of a swimming pool, constructed to within 10 feet of the
east property line; and
b. A first -floor addition to the dining area, constructed to within 28 feet of the east
property line.
c. Architectural materials for the building renovation shall match the existing
materials of brick and glass.
Resolution No. 10-023 -10-
2. Prior to construction of the building addition, the developer shall submit financial
security in the form of cash escrow or letter of credit in the amount of 125% of the costs
of public infrastructure, repair/cleaning of public streets/trails/utilities, and tree
replacement/landscaping.
3. At all times during and after construction, access to and trails within Wolfe Park shall
remain passable and shall be kept free and clear of any construction supplies or debris
4. The developer shall comply with the following conditions during construction:
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and
10 p.m. and 9 a.m. on weekends and holidays.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debris that could blow onto neighboring
properties including the City aquatic facility.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary
e. Construction vehicles are prohibited from entering the site from park land
property.
f. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
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.
Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is
different from owner) prior to issuance of building permit.
Approv.1 of a Building Permit, which may impose additional requirements.
Revi
t' • r Administration
City Manager
Attest:
City Clerk
Adopted : City Council March 1, 2010
Mayor