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HomeMy WebLinkAbout11-057 - ADMIN Resolution - City Council - 2011/05/16RESOLUTION NO. 11-057 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 MAJOR AMENDMENT TO PUD FOR MULTI -FAMILY APARTMENTS AND INCREASING DENSITY PARK SUMMIT APARTMENTS 3601 PARK CENTER BOULEVARD WIIEREAS, SilverCrest Properties, 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 Code to allow multi -family apartments and increase the density from 145 to 192 units at 3601 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. 11 -04 -PUD and the effect of the proposed multi -family apartments and increased density 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 Major 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(b)(5) and 36-266(16). 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. 11-057 -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 WIIEREAS, 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 WIIEREAS, 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 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 Resolution No. 11-057 -3- WHEREAS, the City Council adopted Resolution No. 05-167 on December 5, 2005 approving a major amendment to the Final PUD for elimination of age restrictions at Park Summit Condominiums, 3601 Park Center Boulevard; 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 11 -04 -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 permitting multi -family apartments and increasing the density from 145 to 192 units 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 measunng 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. 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. Resolution No. 11-057 -4- 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.): 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. Resolution No. 11-057 -5- 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 pnor 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 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 Resolution No. 11-057 -6- I 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, 36`h 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 36t 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. 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. Resolution No. 11-057 -7- 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 pnor 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. 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 pnor 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. Resolution No. 11-057 -8- 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: L 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. 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 dnveway 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. VII, . a n Resolution No. 11-057 -9- 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 36th Street and Park Center Boulevard. 1. The Planned Unit Development shall be amended on May 16, 2011 to incorporate or amend all of the preceding conditions and add the following conditions for the Park Summit building at 3601 Park Center Boulevard: 1. The site shall be developed, used and maintained in accordance with the Official Exhibits. 2. The PUD allows for the construction of a 192 -unit, ten -story apartment building at 3601 Park Center Boulevard. There are no age restrictions on the building. 3. A parking reduction of 6% is approved, reducing the total number of off-street parking spaces required by 16, from 270 to 254 spaces. 4: Overflow parking shall be allowed within the three -site PUD campus. 5. Prior to issuance of a building permit, the developer shall meet the following requirements: a. Developer shall submit a financial security to the city in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, repair/cleaning of public streets, and any required public improvements. b. Developer shall provide to the city all fees and contributions included in the resolution. c. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. d. All necessary permits must be obtained. 6. Developer shall enter into a development contract with the City to address the following issues: a. Financial securities required by the City. b. Payment of fees and contributions included in the resolution. c. Contribution and participation in the construction of a combined entrance for the PUD site along Park Center Boulevard. d. Shared parking between parcels within the PUD. e. Maintenance of landscaping on the site and within adjacent rights-of-way. 7. The fees and contributions of this resolution shall supersede anv required under prior approvals, and shall for the Park Summit development at 3601 Park be as follows: a. Park Dedication Fee for 192 housing units of $1,500 per unit for a total of $288,000. b. Trail Dedication Fee for 192 housing units of $225 per unit for a total of $43,200. c. A public art contribution of $40,000. Resolution No. 11-057 -10- 8. Developer shall participate in the construction of a consolidated access point for the PUD campus, including financial contributions to the project as determined by the City Engineer and finalized in the development agreement. 9. A total of 217 bicycle parking spaces are required. Proof of parking is acceptable for outdoor bicycle parking, but a minimum of 18 outdoor bicycle parking spaces must be provided. 10. The landscape plans shall be revised to remove all ash trees from the planting plan, and the tree removal plan shall be revised to include removal and replacement of all ash trees located within the adjacent boulevard. 11. All utility service lines shall be placed below ground per the requirements of the Zoning Ordinance. 12. The planned installation of any mechanical equipment shall include means to ensure it is fully screened from off-site view. 13. 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 house of 10:00 p.m. and 7:00 a.m. 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. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The City shall be contacted a minimum of 72 hours prior to any work in a public street. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on- surrounding properties. 14. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the requirements of the Fire Marshal. b. Landscaping shall be installed in accordance with the requirements set forth in the Planning Case file. 15. Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian access to and from the site. To protect the health, welfare and safety of residents, customers, and employees, snow removal on all sidewalks shall begin with a trigger depth of %z", with a continuous effort until the snow event has ceased and complete cleanup has occurred. 16. All sidewalks shall be maintained free from ice at all times. 17. Snow must be hauled from the site to an off-site location. Resolution No. 11-057 -11- 18. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming measures not indicated on the official exhibits, including speed bumps, shall require a major amendment to the Planned Unit Development. 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. val of a Building Permit, which may impose additional requirements. r Administration Attest: City Clerk Adopted by tl e City Council May 16, 2011 Mayor IIIu II ID IIll IIflI 1111 UIU II III Doc No A9709917 Certified filed and/or recorded on 10/28/11 4 30 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, Coun,ty'Recorder Jill L Alverson, County Auditor and Treasurer Deputy 9 Pkg ID 746818 Doc Name: Resolutio l C57 Document Record3njee $46.00 Document Toter $46 00 This cover sheet is now a permanent part of the recorded document CITY of • ST: Lours PARK • • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss "CITY COUNCIL RESOLUTION" CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: 1) The attached is a full, true and correct copy of the original Resolution No. 11-057 adopted May 16, 2011, 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. Str City Clerk Date: October 18, 2011 RESOLUTION NO. 11-057 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 MAJOR AMENDMENT TO PUD FOR MULTI -FAMILY APARTMENTS AND INCREASING DENSITY PARK SUMMIT APARTMENTS 3601 PARK CENTER BOULEVARD WHEREAS, SilverCrest Properties, 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 Code to allow multi -family apartments and increase the density from 145 to 192 units at 3601 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. 11 -04 -PUD and the effect of the proposed multi -family apartments and increased density 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 Major 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(b)(5) and 36-266(16). 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. 11-057 -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 WIIEREAS, 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 incease 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 seior 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 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 Resolution No. 11-057 -3- WHEREAS, the City Council adopted Resolution No. 05-167 on December 5, 2005 approving a major amendment to the Final PUD for elimination of age restrictions at Park Summit Condominiums, 3601 Park Center Boulevard; 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 11 -04 -PUD are hereby entered mto 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 permitting multi -family apartments and increasing the density from 145 to 192 units 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. 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. Resolution No. 11-057 -4- 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) Pnor 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.): • 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. • Resolution No. 11-057 -5- 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. t) 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) Sprinlder 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 t� 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 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 Resolution No. 11-057 -6- 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, 36th 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 dnveway 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 36th 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. 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. Resolution No. 11-057 -7- Cr r 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 pnor 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. 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. APUD 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. Resolution No. 11-057 -8- 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 devefoper 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. 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 �f Occupancy for the Park Summit Condominiums, the developer shall: a. Construct a consolidated driveway access to the campus, completing all dnveway 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. • • Resolution No. 11-057 -9- 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 36th Street and Park Center Boulevard. 1. The Planned Unit Development shall be amended on May 16, 2011 to incorporate or amend all of the preceding conditions and add the following conditions for the Park Summit building at 3601 Park Center Boulevard: 1. The site shall be developed, used and maintained in accordance with the Official Exhibits. 2. The PUD allows for the construction of a 192 -unit, ten -story apartment building at 3601 Park Center Boulevard. There are no age restrictions on the building. 3. A parking reduction of 6% is approved, reducing the total number of off-street parking spaces required by 16, from 270 to 254 spaces. 4. Overflow parking shall be allowed within the three -site PUD campus. 5. Prior to issuance of a building permit, the developer shall meet the following requirements: a. Developer shall submit a financial security to the city in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, repair/cleaning of public streets, and any required public improvements. b. Developer shall provide to the city all fees and contributions included in the resolution. c. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. d. All necessary permits must be obtained. 6. Developer shall enter into a development contract with the City to address the following issues: a. Financial securities required by the City. b. Payment of fees and contributions included in the resolution. c. Contribution and participation in the construction of a combined entrance for the PUD site along Park Center Boulevard. d. Shared parking between parcels within the PUD. e. Maintenance of landscaping on the site and within adjacent rights-of-way. 7. The fees and contributions of this resolution shall supersede any required under prior approvals, and shall for the Park Summit development at 3601 Park be as follows: a. Park Dedication Fee for 192 housing units of $1,500 per unit for a total of $288,000. b. Trail Dedication Fee for 192 housing units of $225 per unit for a total of $43,200. c. A public art contribution of $40,000. Resolution No. 11-057 -10- 8. Developer shall participate in the construction of a consolidated access point for the PUD campus, including financial contributions to the project as determined by the City Engineer and finalized in the development agreement. 9. A total of 217 bicycle parking spaces are required. Proof of parking is acceptable for outdoor bicycle parking, but a minimum of 18 outdoor bicycle parking spaces must be provided. 10. The landscape plans shall be revised to remove all ash trees from the planting plan, and the tree removal plan shall be revised to include removal and replacement of all ash trees located within the adjacent boulevard. 11. All utility service lines shall be placed below ground per the requirements of the Zoning Ordinance. 12. The planned installation of any mechanical equipment shill 'include means to ensure it is fully screened from off-site view. 13. 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 house of 10:00 p.m. and 7:00 a.m. 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. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The City shall be contacted a minimum of 72 hours prior to any work in a public street. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 14. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the requirements of the Fire Marshal. b. Landscaping shall be installed m accordance with the requirements set forth in the Planning Case file. 15. Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian access to and from the site. To protect the health, welfare and safety of residents, customers, and employees, snow removal on all sidewalks shall begin with a trigger depth of '/2", with a continuous effort until the snow event has ceased and complete cleanup has occurred. 16. All sidewalks shall be maintained free from ice at all times. 17. Snow must be hauled from the site to an off-site location. • • f Resolution No. 11-057 -11- 18. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming measures not indicated on the official exhibits, including speed bumps, shall require a major amendment to the Planned Unit Development. 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) pnor to issuance of building permit. ppr:val of a Building Permit, which may impose additional requirements. Revi w; d 3� ITEM City'ra: Administration Attest: City Clerk Adopted.by the City Council May 16, 2011 Mayor