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HomeMy WebLinkAbout10-083 - ADMIN Resolution - City Council - 2010/08/16RESOLUTION NO. 10-083 Amends and Restates Resolution No. 09-028 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 09-028 ADOPTED ON FEBRUARY 2, 2009 AND APPROVING A MAJOR AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX — MIXED USE LOCATED AT 3900 EXCELSIOR BOULEVARD WHEREAS, Ellipse on Excelsior, LLC has made application to the City Council for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance to reduce the cumulative parking requirement of 313 parking stalls by 33 stalls (10.5%) to 280 parking stalls at 3900 Excelsior Boulevard within the MX — Mixed Use Zoning District having the following legal description: Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case Nos 08 -36 -PUD and 10 -21 -PUD and the effect of the proposed parking reduction 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. 09-028 of the St. Louis Park City Council dated February 2, 2009 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. 09-028, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 08 -36 -PUD and 10 -21 -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. 09-028 filed as Document Nos. A9333184 and T4624894 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 mixed-use development within the M -X Mixed Use Zoning District at the location described above based on the following conditions. 1 The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. Resolution No. 10-083 -2- 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 278280 C. The maximum of—gross floor area used for restaurant shall be 5,050 square feet. 3,000squarc fcct. The City Council may approve an increase to 3,500 square fcct of restaurant with a minor amcndmcnt 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. G. All trash handling and storage facilities shall be located inside the building H. 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. 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 rhe 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. Resolution No. 10-083 -3- 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. 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 Resolution No. 10-083 -4- 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. 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. Resolution No. 10-083 -5- 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. 2. 3. 4. 5. Provision of sufficient space for temporary vehicle parking in the proposed Excelsior Boulevard loading area to prevent queuing onto Excelsior Boulevard 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. Installation and use of secure access (i e. card key) to the below ground parking garage located at the garage entrance. 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. 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. Installation and maintenance of neighborhood identification France Avenue median. Installation of "No Outlet" sign(s) on northbound France Avenue. 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 (Le , offset distance of the median and design of median nose) and shall not restrict or out of the adjacent home north of the proposed redevelopment. Consideration shall be given 6. sign in the proposed 7. 8. access into 9 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. Resolution No. 10-083 -6- 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. 13. Commercial and office tenants shall provide customer entrances from the plaza. 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. 16 The Planned Unit Development shall be amended on August 16, 2010 to incorporate the preceding conditions and add the following conditions: A. The developer and owner shall sign the assent form and official exhibits. B. The site shall be developed, used and maintained in accordance with the Official Exhibits; such documents incorporated by reference herein. C. The owner shall designate at least 19 parking stalls in the underground garage for shared use by any combination of guests, employees or customers and manage parking on the property to ensure on-site parking is fully utilized in order to avoid overflow parking on public streets. D. A lease agreement for potential overflow parking from the Ellipse on Excelsior project shall be executed between the St. Louis Park Economic Development Authority and Ellipse on Excelsior, LLC for at least a one year term (September 1, 2010 — September 1, 2011). Resolution No. 10-083 -7- In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per IIIviolation 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. PP val of a Building Permit, which may impose additional requirements. Revi- -d f• Administration: City Attest: City Clerk Adopted by the City Council August 16, 2010 11111 II fl III UII IUI UII IUI Ifl II Doc No T4919266 Certified, filed and/or recorded on 1/12/12 11 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V Chapin, County Auditor and Treasurer Deputy 26 Doc Name: Resolution Document Recording Fee Pkg ID 765671M $46 00 Document Total $46 00 Existing Certs ., ,. New Certs 1332250 This cover sheet is now a permanent part of the recorded document • 13 3226-0 ffCITY OF ST LOUIS PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 10-083 adopted August 16, 2010 and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Nancy J. Stro City Clerk Date: January 10, 2012 RESOLUTION NO. 10-083 Amends and Restates Resolution No. 09-028 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 09-028 ADOPTED ON FEBRUARY 2, 2009 AND APPROVING A MAJOR AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX — MIXED USE LOCATED AT 3900 EXCELSIOR BOULEVARD WHEREAS, Ellipse on Excelsior, LLC has made application to the City Council for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St Louis Park Ordinance to reduce the cumulative parking requirement of 313 parking stalls by 33 stalls (10 5%) to 280 parking stalls at 3900 Excelsior Boulevard within the MX— Mixed Use Zoning District having the following legal description Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case Nos. 08 -36 -PUD and 10 -21 -PUD and the effect of the proposed parking reduction 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. 09-028 of the St. Louis Park City Council dated February 2, 2009 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 09-028, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 08 -36 -PUD and 10 -21 -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 09-028 filed as Document Nos. A9333184 and T4624894 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 mixed-use development within the M -X Mixed Use Zoning District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. Resolution No. 10-083 -2- ' 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 278280. C. The maximum of—gross floor area used for restaurant shall be 5,050 square feet. 3;000squarc *fcct. ':Thc;City;Council', _may approvc ,an incicasc to' 3,500 squarc fcctr of restaurant; with,a`',minor,airicnd`mcnt to,tc hFinal�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 G. All trash handling and storage facilities shall be located inside the building H. 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. 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 - Resolution No. 10-083 -3- 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 125 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 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. Resolution No. 10-083 -4- 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 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. Resolution No 10-083 -5- 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 rhe'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 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 rhedian 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. Resolution No. 10-083 -6- 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. 13. Commercial and office tenants shall provide customer entrances from the plaza 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 16. The Planned Unit Development shall be amended on August 16, 2010 to incorporate the preceding conditions and add the following conditions: A. The developer and owner shall sign the assent form and official exhibits . B. The site shall be developed, used and maintained in accordance with the Official Exhibits; such documents incorporated by reference herein. C. The owner shall designate at least 19 parking stalls in the underground garage for shared use by any combination of guests, employees or customers and manage parking on the property to ensure on-site parking is fully utilized in order to avoid overflow parking on public streets. D. A lease agreement for potential overflow parking from the Ellipse on Excelsior project shall be executed between the St. Louis Park Economic Development Authority and Ellipse on Excelsior, LLC for at least a one year term (September 1, 2010 — September 1, 2011). ' Resolution No. 10-083 -7- 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 ownei if applicant is different from owner) prior to issuance of building permit PP val of a Building Permit, which may impose additional requirements. Revi- -d f. Administration• City Attest. • • Adopted by the City Council August 16, 2010