Loading...
HomeMy WebLinkAbout11-132 - ADMIN Resolution - City Council - 2011/12/05RESOLUTION NO. 11-132 RESOLUTION AMENDING RESOLUTION NO. 11-033 APPROVED ON MARCH 7, 2011 APPROVING AN AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0" OFFICE, C-2 COMMERCIAL AND R -C HIGH DENSITY MULTIPLE FAMILY RESIDENCE DISTRICTS LOCATED AT THE NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND HIGHWAY 100 Amends and Restates Resolution 11-033 Major amendment to allow for site modifications, construction of a new 6,600 square foot building along Excelsior Boulevard, and improvements to the McDonald's building WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on April 5, 1993 from the applicants, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, notice of public hearing on the Preliminary PUD Plan was published in the St. Louis Park Sailor on May 5, 1993, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of May 5, 1993, and WHEREAS, the Planning Commission opened the public hearing at the meeting of May 17, 1993 and continued the hearing until June 2, 1993 and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of November 1, 1993, and WHEREAS, the Planmng Commission recommended approval of the Final PUD on a 6- 0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public heanng or otherwise including comments in the record of decision, WHEREAS, Resolution No. 93-183 approving the PUD was approved by the City Council on November 15, 1993; and WHEREAS, an application for an amendment for a PUD was received on July 26, 1994, and Resolution 11-132 - 2 - WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-103 approving an amendment to the PUD was approved by the City Council on August 1, 1994, and WHEREAS, an application for an amendment for a PUD was received on November 22, 1994, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-180 approving an amendment to the PUD was approved by the City Council on December 5, 1994, and WHEREAS, on June 17, 2002, Frauenshuh Companies filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow a change in an approved use from a retail use to a restaurant use, and WHEREAS, on July 17, 2002, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 6-1 recommended approval of the major amendment to the PUD, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, on December 21, 2005, Granite City Food and Brewery, Ltd. filed an application seeking a minor amendment to the approved Planned Unit Development for Tower Place to allow modifications to the exterior of the structure, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, WHEREAS, on December 21, 2005, Granite City Food and Brewery, Ltd. filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow structural alterations at 5500 Excelsior Blvd., and WHEREAS, on February 15, 2006, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 6-0 recommended approval of the major amendment to the PUD, and WHEREAS, on January 18, 2011, Granite City Food and Brewery filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow for the expansion of an outdoor patio at 5300 Excelsior Boulevard, and WHEREAS, on February 16, 2011, the Planning Commission held a public hearing, reviewed the application, and on a vote of 4-0 recommended approval of the major amendment to the PUD, and Resolution 11-132 - 3 - 0WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, WHEREAS, on September 19, 2011, Park Village LLC and McDonald's USA, LLC filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow for site modifications, construction of a new 6,600 square foot building along Excelsior Boulevard, and improvements to the McDonald's building at 5200 Excelsior Boulevard, and 0 WHEREAS, on November 2, 2011, the Planning Commission held a public hearing, reviewed the application, and on a vote of 6-0 recommended approval of the major amendment to the PUD, WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Recitals The Recitals set forth above are incorporated herein and made part of this resolution. Findings 1. Frauenshuh Companies has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the "0" Office, C-2 Commercial and R -C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Boulevard and Highway 100 for the legal description as follows, to -wit: Lots 6 and 7, Block 1, Tower Place 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 93 -18 -PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety, or general 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 provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City's Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). Resolution 11-132 - 4 - 4. The contents of Planning Case File 93 -18 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and findings set forth above, the Approved Final Plans, and subject to the following conditions: 1. Approval of the roadway improvement plans submitted as part of the Indirect Source Permit application by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 2. Approval by the City and execution of a development agreement between the City and Frauenshuh Companies which identifies responsibilities of each relating to the project. 3. Recording of the final plat of Tower Place by Hennepin County. 4. The Contract for Private Development between the Economic Development Authority (EDA) and Frauenshuh Companies is incorporated herein by reference. City Council intent is to implement both the Contract for Private Redevelopment and the development agreement and give effect to all provisions of each, including but not limited to the EDA's right to review and approve Construction Plans as provided in Section 9.2 of said Contract for Private Development. 5. The approval of this Final PUD applies only to those elements listed as Phase I improvements on Exhibit A — Master Plan Phase I to be completed by Frauenshuh Companies on Lots 6 and 7 and the right-of-way adjacent thereto up to the curb of the adjacent road. This condition is subject to the limitation that the total square footage of the retail and theater development shall not exceed the lesser of 47,200 square feet or the square footage allocated to this development in the Indirect Source Permit as may be amended from time to time. 6. The City reserves the right to require the applicant to install a pedestrian access from any bus stop to be located on the north side of Excelsior Boulevard west of Park Nicollet Boulevard to the development site. 7. Development of Lots 6-7 Tower Place and improvements on adjacent right-of-way up to the curb of the adjacent road shall be in accordance with the following exhibits: Exhibit A — Site Layout (Sheets C2.3) (Amended by Condition No. 11 approved 8-19-02) Exhibit B — Site Utilities (Sheets C3.3) Exhibit C — Site Grading (Sheets CA .3) Exhibit D — Site Planting (Sheet L2.3) Exhibit E — Site Lighting (Sheet El) Exhibit F — Building Elevations (Sheets A2.00R, A.202R, A2.03R, A2.01R) (Amended by Condition No. 11 approved 8-19-02) Resolution 11-132 - 5 - The Site Layout (Exhibit A) is approved with the condition that vehicles leaving the site from the driveway on Park Center Boulevard shall be prohibited from making left turns to south bound Park Center Boulevard. The Development Agreement shall make provision for on-going monitoring of the need for the left turn prohibition and removal of the left turn prohibition if such monitoring indicates the prohibition is unnecessary. The Site Layout is based on the assumption the driveway on Excelsior Boulevard will allow both ingress to and egress from the site. The Floor Plans on Exhibit F are illustrative in nature and are subject to modification without amending this resolution. (Amended by Condition No. 8 approved 8-1-94) (Amended by Conditions 9 and 10 approved 12-5-94) 8. Condition number 7, Exhibit F is amended to delete Building Elevation Sheet A.202R and replace it with Building Elevation Sheet A-2 (Amended by Condition No. 9 approved 12-5-94) 9. Condition number 8, Exhibit F is amended to delete Building Elevation Sheet A-2 and replace it with Building Elevations Sheet A-11 dated November 10, 1994. 10. Condition number 7, Exhibits A through D, is amended by deleting sheets C2.3, C3.3, C4.3 and L2.3 and replacing them with Sheets C2.1, C3.1, C4.1 and Planting Plan, all dated November 16, 1994. These exhibits are modified by Exhibit G, McDonalds Dnveway Plan. 11. The final PUD shall be amended (Case No. 02 -36 -PUD) on August 19, 2002 to incorporate all of the preceding conditions to allow a change in 3,500 sq. ft. of tenant space from retail to restaurant without intoxicating liquor (Chipotle) and add the following conditions: a. The site shall be developed, used, and maintained in accordance with the official exhibits (Exhibits A Site Layout and F Building Elevations shall be submitted), in the form of an as -built survey with proposed changes shown and shall be revised prior to signing the exhibits to meet the following conditions for the outdoor seating area on the southwest corner of the theater/mixed use building: 1. The outdoor seating area must provide a 5 foot wide sidewalk that is kept free of temporary and permanent obstruction. Such sidewalk must be 6 feet from and parallel to the building (or continue in a straight line from the sidewalk to the east). 2. The outdoor seating area cannot be enclosed with a fence. 3. A maximum of two existing handicap parking stalls may be removed to accommodate the outdoor seating area. 4. The size of outdoor seating area cannot be more than 10% of the indoor restaurant area. b. Official exhibits as revised per condition 11 a. and updated to show as -built conditions on the overall site must be signed by the applicant and owner prior to issuance of a building permit. Such exhibits shall show the approved uses of this development to include: 7,000 square feet as restaurant with intoxicating liquor, 3,400 sq. ft as restaurants without intoxicating liquor and/or food service, retail/service, 3,800 sq. ft. Resolution 11-132 - 6 - as restaurant with in -vehicle sales/service, and in the Theater/Mixed use building 26,000 sq. ft. for a theater, 900 sq. ft for retail/service, and 5,900 sq. ft for retail or restaurant without intoxicating liquor. c. Required building, plumbing, electrical and other required permits shall be obtained from the City. Such permits may impose additional conditions. d. All required improvements shall be completed pnor to issuance of a Certificate of Occupancy for the new restaurant without intoxicating liquor, including: 1. Interior improvements in accordance with permit approval. 2. Compliance with Accessibility Code requirements. 3. Exterior exhaust chase must comply with the MN State Building Code. e. Prior to installation of any new signs the applicant shall obtain sign permits. f. The applicant is responsible for the installation of the on-site regulation signage as recommended by SRF. 12. The final PUD shall be amended (Case No. 05 -75 -PUD) on February 6, 2006 to incorporate all of the preceding conditions to allow modifications to the exterior of the building at 5500 Excelsior Blvd. and add the following conditions: a. The exterior of the building at 5500 Excelsior Blvd. shall be modified as shown on Sheet A200 of the official exhibits. b. Required permits for construction and installation of signs shall be obtained from the City. Such permits may impose additional conditions. c. Any modifications to the building footprint shall require a Major Amendment to the Tower Place PUD. 13. The final PUD shall be amended (Case No. 05 -76 -PUD) on February 21, 2006 toincorporate all of the preceding conditions to allow structural alterations to the building at 5500 Excelsior Blvd. and add the following conditions: a. The site shall be developed and maintained in accordance with the official exhibits. b. No dining shall take place in the area planned for a brewery. 14. The final PUD shall be amended (Case No. 11 -02 -PUD) on March 7, 2011 to incorporate all of the preceding conditions to allow for expansion of an outdoor patio at 5300 Excelsior Blvd. and add the following conditions: a. Prior to use of the patio, the landscaping plan shall be revised to reflect the recommendations of the City's Environmental Coordinator. b. All necessary permits must be obtained. c. Specifications for tree protection and erosion control fencing must be submitted and approved by the City's Environmental Coordinator. Required tree protection and erosion control fencing must be installed prior to grading activities. 15. The final PUD shall be amended (Case No. 11 -24 -PUD) on December 5, 2011 to incorporate all of the preceding conditions to allow for site modifications, construction of a new 6,600 square foot building along Excelsior Boulevard, and improvements to the McDonald's building at 5200 Excelsior Boulevard and add the following conditions: a. The site shall be developed, used and maintained in accordance with the Official Exhibits as referenced herein. Resolution 11-132 - 7 - b. The PUD approval allows for modifications to the parking and dnve-aisle layout, expansion of the drive-through at McDonald's, and construction of a new 6,600 square foot building along Excelsior Boulevard. c. The PUD approval allows for modifications to the total parking available on the site. Following construction of all proposed improvements, a total of 256 spaces will be located to the south of the buildings; and a total of 383 shared parking spaces will be located in a parking lot to the north of the buildings, owned and shared by Park Nicollet. d. The developer shall submit a 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. e. Prior to issuance of a building permit, the plans shall be revised to incorporate a sidewalk, stairs, or other means of direct access to the existing sidewalk along Excelsior Boulevard immediately to the west of the proposed new 6,600 square foot retail building. f. Prior to issuance of a Certificate of Occupancy, the Zoning Administrator shall review the original conditions of approval for the entire PUD site. In order to obtain a Certificate of Occupancy, the developer shall ensure compliance with all previous PUD conditions, including site plan requirements pertaining to landscaping. g. Revie A total of 45 bicycle parking spaces are required. Bicycle parking may be provided internally and externally. Proof of bicycle parking is acceptable for outdoor bicycle parking, but a minimum of 20 outdoor bicycle parking spaces must be provided. for Administration: City Attest: t tf City Clerk Adopted by the City Council December 5, 2011