HomeMy WebLinkAbout14-089 - ADMIN Resolution - City Council - 2014/07/07411
RESOLUTION NO. 14-089
Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, 01-079, 02-002, 02-045
RESOLUTION AMENDING AND RESTATING RESOLUTION 02-045 APPROVED ON
JANUARY 7, 2002 APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) OF
POINTE WEST COMMONS UNDER SECTION 36-367 OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0"
OFFICE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT NORTHWEST
QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE
WHEREAS, the City Council approved the Preliminary PUD on May 1, 2000,
Resolution No. 00-060; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD)
was received on May 22, 2000, from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD at its meeting of June 7,
2000, and
WHEREAS, the Planning Commission recommended approval of the Final PUD on a 4-
0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 00-075 on June 19, 2000,
approving the Final PUD, and
• WHEREAS, on August 7, 2000, an application was received for a major amendment to
the approved Planned Unit Development, and
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment
at its meeting of September 6, 2000, and recommended approval of amendment on a vote of 6-0
with all members present voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 00-118 on September 18, 2000,
approving a major amendment to the approved Planned Unit Development, and
WHEREAS, on January 11, 2001, an application was received for a minor amendment to
the approved Planned Umt Development to increase the setbacks and elevations of two
townhome buildings on 16th Street, and
WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001,
approving a minor amendment to the approved Planned Unit Development to increase the
setbacks and elevations of two townhome buildings on 16th Street, and
WHEREAS, on June 18, 2001, an application was received for a major amendment to
the approved Planned Unit Development to add two townhomes onto an existing building, and
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment
at its meeting of August 1, 2001, and recommended approval of the amendment on a vote of 5-1
with five members voting in the affirmative, and
Resolution No. 14-089 -2-
WHEREAS, the City Council adopted Resolution No. 01-079 on August 20, 2001,
approving a major amendment to the Planned Unit Development to add two townhomes onto an
existing building, and
WHEREAS, on November 5, 2001, an application was received for a major amendment
to the approved Planned Unit Development to allow additional occupancy prior to roadway and
signal improvements, and
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment
at its meeting of December 5, 2001, and recommended approval of the amendment on a vote of
4-0 with four members voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 02-002 on January 7, 2002,
approving a major amendment to the approved Planned Unit Development to allow additional
occupancy prior to roadway and signal improvements, and
WHEREAS, the City Council -has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision.
WHEREAS, on June 25, 2014, an application was received for a minor amendment to
the approved Planned Unit Development to allow a 28.0 foot front yard setback for the existing
Spnnghill Suites Hotel, and
WHEREAS, the City Council considered the application in the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. CSM Hospitality, Inc. made application to the City Council to amend the Pointe West
Commons Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance
Code within the "0" Office and R-4 Multiple Family Residential districts located at the
Northwest quadrant of West 16th Street and Zarthan Avenue for the legal description as follows,
to -wit:
Lots 1 and 2, Block 1, Pointe West Commons One
and
Lots 1, 2, 3, Block 1; Lot 1, Block 2; Lot 1, Block 3;
and Outlot A and Outlot B, Pointe West Commons Two
2. The City Council has considered the application and case file (Case No. 14 -17 -PUD) and the
effect of the proposed minor amendment on the health, safety and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in
the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance.
3. The City Council has determined that the minor amendment will not be detrimental to the
health, safety, or general welfare of the community nor with certain contemplated traffic
•
Resolution No. 14-089 -3-
improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate
surrounding property values. The Council has also determined that the proposed minor
amendment 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.
4. The contents of Planning Case File 14 -17 -PUD are hereby entered into and made part of the
public heanng record and the record of decision for this case.
Conclusion
The Pointe West Commons Final Planned Unit Development at the location described is
amended and restated based on the findings set forth above and subject to the following
conditions:
A. The site shall be developed, used and maintained in accordance with the Official Exhibits A
through M. Exhibit L, building elevations shall be revised to show only approved materials,
i.e. brick, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the
townhouses and brick and rock face block on side townhouse elevations. Exhibit E, grading
plan shall be subject to further refinements on the park site as approved by Public Works and
Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct
number of existing trees on site and trees to be removed. Exhibit M, building material
samples shall be submitted and approved. Exhibits B and E are replaced by revised plat and
plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F
are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits
A, E and F are modified by revised site, grading and utility plans as approved on August 20,
2001.
B. Final PUD approval and development is contingent upon developer meeting all conditions of
final plat approval including all MNDOT requirements.
C. Prior to any site work, the developer and property owner(s) shall meet the following
requirements:
1. A drainage permit shall be obtained from MNDOT, if required.
2. A copy of the Watershed District permit(s) shall be forwarded to the City.
3. Any other necessary permits from other agencies shall be obtained.
4. Sign assent form and all official exhibits, as approved by the City.
5. Meet conditions of City signing final plat.
6. Meet any other conditions as required by the Development Agreement.
D. The developer shall comply with the following conditions during construction:
1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th
Street, Alabama Avenue, and Blackstone Avenue.
2. 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.
3. Loud equipment shall be kept as far as possible from residences at all times.
4. The site shall be kept free of dust and debris that could blow onto neighbonng
properties.
5. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
6. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties.
E. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
Resolution No. 14-089 -4-
1. Meet any Fire Department emergency access requirements for during construction.
2. The subdivider shall furnish the City with evidence of having submitted the final plat
and cross -parking easement agreement for recording.
3. Lighting plans to be submitted to and approved by the Zoning Administrator for the
entire development. Lighting design is to be compatible throughout the development,
and shall meet all City standards.
4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit
is required).
5. Meet any other conditions as required by the Development Agreement.
F. Assuming other conditions have been met, a maximum of four buildings (66 units) may be
occupied prior to completion of public roadway and signal improvements. Residents' access
to and from the first three townhome buildings shall be via the Zarthan Avenue entrance,
unless the Zarthan entrance must be temporarily closed to accommodate completion of
public improvements. When the fourth building is completed, residents may use the 16th
Street entrance, unless the 16th entrance must be temporarily closed to accommodate public
improvements. The fifth building at the intersection at 16th and Zarthan may not be
occupied until all roadway improvements are complete and the new traffic signal is
operational. (amended September 18, 2000, and January 7, 2002)
G. A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls
and building and sign setbacks as shown on the approved site plan are contingent upon final
PUD approval.
H. Should the Zoning Administrator determine that parking is a problem in the future; the City
may require proof of parking to be converted to parking.
I. The developer shall attempt to obtain a written agreement to share parking during off-peak
hours with the bank across Zarthan Avenue as overflow parking for the hotels.
J. Hardiplank is approved for this development on a trial basis as a Class II material and may
be used as shown on the Official Exhibits.
K. The Final Planned Unit Development shall be amended on September 18, 2000 to
incorporate all of the preceding conditions and add the following conditions:
1. Conditions A and F are modified as noted above.
2. If the CP Rail parcel does not become part of the publicly owned park, the developer
shall pay an additional $28,000 in park dedication fees to the City.
3. Construction vehicles shall be prohibited from using 16th Street except for construction
related to the park, 16th Street roadway improvements and other improvements adjacent
to 16th St (e.g. sidewalks). The developer shall observe all local and state weight
restrictions on roads within the City. Construction vehicles shall be permitted to use the
townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and
southbound Zarthan Avenue and westbound 16th Street in accordance with the MN
Manual on Uniform Traffic Control Devices, to be approved by the Public Works
Department. If the City determines that construction activity is causing traffic conflicts,
it may require the developer to provide flag people to facilitate safe traffic on the adjacent
roads.
4. If the property is part of the Parade of Homes prior to realignment of Zarthan Avenue,
flag people shall be required to direct Parade traffic to and from the Zarthan Avenue
entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking
cannot be accommodated on site, or is interfenng with fire lanes, traffic circulation, etc.,
the Zoning Administrator may require the developer to provide alternative parking on
nearby private property.
L. The Final Planned Unit Development shall be amended on February 20, 2001 to incorporate
all of the preceding conditions and add the following conditions:
•
•
Resolution No. 14-089 -5-
1. Condition A is modified as noted above.
2. The materials for the retaining walls being constructed along West 16th Street shall be
similar to the materials used on adjacent retaining walls along West 16th Street east of
Zarthan Avenue. These materials shall be submitted and approved by the Zoning
Administrator prior to the construction of the walls.
M. The developer shall pay an administrative fine of $750.00 per violation of any conditions set
forth in this resolution.
N. The Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all
of the preceding conditions and add the following conditions:
1. Both CSM and Rottlund must sign the amended official exhibits and new assent form.
2. The developers shall install signs at each project entrance indicating the approved times
for construction.
3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site
supervisor's home telephone number.
4. In the event that City staff determines that construction activity continues outside of
approved hours, Rottlund shall provide an on-site night security guard at Rottlund's
expense, to ensure that such violations do not continue.
5. Conditions A and M are modified as noted above.
O. The FinahPlanned Unit Development shall be amended on January 7, 2002 to incorporate all
of the preceding conditions and add the following conditions:
1. Condition F. is modified as noted above.
2. The developer is required to coordinate private improvements with the future schedule
for public improvements, which may include the temporary closing of certain project
entrances and other disruptions.
3. The developer is required to accommodate any emergency access requirements of the
Fire Marshall.
4. The Rottlund Company agrees to initiate the construction of the last townhouse building
in this project by no later than May 31, 2002.
P. The Final Planned Unit Development shall be amended on July 7, 2014 to incorporate all of
the preceding conditions and add the following condition:
1. Exhibit A — Site Plan is amended to reduce the minimum front yard setback for the
Springhill Suites Hotel (located on Lot 1, Block 1, Pointe West Commons One) from
30.0 feet to 28.0 feet. This setback applies to the existing structure only. Any expansions
must be processed as a major amendment to the PUD.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Henn 1. in County Register of Deeds or Registrar of Titles as the case may be.
Revie d fo Administration:
City
I
Attest:
40 City Clerk
Adopted by—the City Council July 7, 2014
Mayor
J
• IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECEIVED
SEP 2 3 2014
CITY MANAGER'S OFFICE
Doc No T05197529
Certified, filed and/or recorded on
Sep 5, 2014 10 00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 47 Pkg ID 1149645M
Doc Name: Resolution pi--Qm
Document Recording Fee $46 00
Multiple Certificates Affected $20 00
Fee
Document Total $66 00
Existing Certs
1148149
1067782
This cover sheet is now a permanent part of the recorded document
New Certs
•CIT.TY OF
SLOUIS
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 onginal
Resolution No. 14-089 adopted July 7, 2014 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 Stroth
City Clerk
NIZ;esEL2
Date: August 29, 2014
(11
RESOLUTION NO. 14-089
Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, 01-079, 02-002, 02-045
RESOLUTION AMENDING AND RESTATING RESOLUTION 02-045 APPROVED ON
JANUARY 7, 2002 APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) OF
POINTE WEST COMMONS UNDER SECTION 36-367 OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED "0"
OFFICE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT NORTHWEST
QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE
WHEREAS, the City Council approved the Preliminary PUD on May 1, 2000,
Resolution No. 00-060; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD)
was received on May 22, 2000, from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD at its meeting of June 7,
2000, and
WHEREAS, the Planning Commission recommended approval of the Final PUD on a 4-
0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 00-075 on June 19, 2000,
approving the Final PUD, and
WHEREAS, on August 7, 2000, an application was received for a major amendment to
the approved Planned Unit Development, and
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment
at its meeting of September 6, 2000, and recommended approval of amendment on a vote of 6-0
with all members present voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 00-118 on September 18, 2000,
approving a major amendment to the approved Planned Unit Development, and
WHEREAS, on January 11, 2001, an application was received for a minor amendment to
the approved Planned Unit Development to increase the setbacks and elevations of two
townhome buildings on 16th Street, and
WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001,
approving a minor amendment to the approved Planned Unit Development to mcrease the
setbacks and elevations of two townhome buildings on 16th Street, and
WHEREAS, on June 18, 2001, an application was received for a major amendment to
the approved Planned Unit Development to add two townhomes onto an existing building, and
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment
at its meeting of August 1, 2001, and recommended approval of the amendment on a vote of 5-1
with five members voting in the affirmative, and
•
Resolution No. 14-089 -2-
WHEREAS, the City Council adopted Resolution No. 01-079 on August 20, 2001,
approving a major amendment to the Planned Unit Development to add two townhomes onto an
existing building, and
WHEREAS, on November 5, 2001, an application was received for a major amendment
to the approved Planned Unit Development to allow additional occupancy prior to roadway and
signal improvements, and
WHEREAS, the Planning Commission held a public hearing, reviewed the amendment
at its meeting of December 5, 2001, and recommended approval of the amendment on a vote of
4-0 with four members voting in the affirmative, and
WHEREAS, the City Council adopted Resolution No. 02-002 on January 7, 2002,
approving a major amendment to the approved Planned Unit Development to allow additional
occupancy prior to roadway and signal improvements, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision.
WHEREAS, on June 25, 2014, an application was received for a minor amendment to
the approved Planned Unit Development to allow a 28.0 foot front yard setback for the existing
Springhill Suites Hotel, and
Ill, WHEREAS, the City Council considered the application in the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. CSM Hospitality, Inc. made application to the City Council to amend the Pointe West
Commons Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance
Code within the "0" Office and R-4 Multiple Family Residential districts located at the
Northwest quadrant of West 16t Street and Zarthan Avenue for the legal description as follows,
to -wit:
7 ktfri/ Lots 1 and 2, Block 1, Pointe West Commons One
and
1-'A __Lots 1, 2, 3, Block 1; Lot 1, Block 2; Lot 1, Block 3;
and utlot Aan Outlot B, Pointe West Commons wo
/f L
2. The City Council has considered the application and case file (Case No. 14 -17 -PUD) and the
effect of the proposed minor amendment on the health, safety and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in
the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance.
3. The City Council has determined that the minor amendment will not be detrimental to the
health, safety, or general welfare of the community nor with certain contemplated traffic
CIO
Resolutibn No. 14-089 -3-
improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate
surrounding property values. The Council has also determined that the proposed minor
amendment 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.
4. The contents of Planning Case File 14 -17 -PUD are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Pointe West Commons Final Planned Unit Development at the location described is
amended and restated based on the findings set forth above and subject to the following
conditions:
A. The site shall be developed, used and maintained in accordance with the Official Exhibits A
through M. Exhibit L, building elevations shall be revised to show only approved materials,
i.e. brick, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the
townhouses and brick and rock face block on side townhouse elevations. Exhibit E, grading
plan shall be subject to further refinements on the park site as approved by Public Works and
Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct
number of existing trees on site and trees to be removed. Exhibit M, building matenal
samples shall be submitted and approved. Exhibits B and E are replaced by revised plat and
plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F
are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits
A, E and F are modified by revised site, grading and utility plans as approved on August 20,
2001.
B. Final PUD approval and development is contingent upon developer meeting all conditions of
final plat approval including all MNDOT requirements.
.C. Prior to any site work, the developer and property owner(s) shall meet the following
requirements:
1. A drainage permit shall be obtained from MNDOT, if required.
2. A copy of the Watershed District permit(s) shall be forwarded to the City.
3. Any other necessary permits from other agencies shall be obtained.
4. Sign assent form and all official exhibits, as approved by the City.
5. Meet conditions of City signing final plat.
6. Meet any other conditions as required by the Development Agreement.
D. The developer shall comply with the following conditions dunng construction:
1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th
Street, Alabama Avenue, and Blackstone Avenue.
2. 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.
3. Loud equipment shall be kept as far as possible from residences at all times.
4. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
5. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
6. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties.
E. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
Resolution No. 14-089 -4-
1. Meet any Fire Department emergency access requirements for during construction.
• 2. The subdivider shall furnish the City with evidence of having submitted the final plat
and cross -parking easement agreement for recording.
3. Lighting plans to be submitted to and approved by the Zoning Administrator for the
entire development. Lighting design is to be compatible throughout the development,
and shall meet all City standards.
4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit
is required).
5. Meet any other conditions as required by the Development Agreement.
F. Assuming other conditions have been met, a maximum of four buildings (66 units) may be
occupied prior to completion of public roadway and signal improvements. Residents' access
to and from the first three townhome buildings shall be via the Zarthan Avenue entrance,
unless the Zarthan entrance must be temporarily closed to accommodate completion of
public improvements. When the fourth building is completed, residents may use the 16th
Street entrance, unless the 16th entrance must be temporarily closed to accommodate public
improvements. The fifth building at the intersection at 16th and Zarthan may not be
occupied until all roadway improvements are complete and the new traffic signal is
operational. (amended September 18, 2000, and January 7, 2002)
G. A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls
and building and sign setbacks as shown on the approved site plan are contingent upon final
PUD approval.
H. Should the Zoning Administrator determine that parking is a problem in the future; the City
may require proof of parking to be converted to parking.
• I. The developer shall attempt to obtain a written agreement to share parking during off-peak
hours with the bank across Zarthan Avenue as overflow parking for the hotels.
J. Hardiplank is approved for this development on a trial basis as a Class II material and may
be used as shown on the Official Exhibits.
K. The Final Planned Unit Development shall be amended on September 18, 2000 to
incorporate all of the preceding conditions and add the following conditions:
1. Conditions A and F are modified as noted above.
2. If the CP Rail parcel does not become part of the publicly owned park, the developer
shall pay an additional $28,000 in park dedication fees to the City.
3. Construction vehicles shall be prohibited from using 16th Street except for construction
related to the park, 16th Street roadway improvements and other improvements adjacent
to 16th St (e.g. sidewalks). The developer shall observe all local and state weight
restrictions on roads within the City. Construction vehicles shall be permitted to use the
townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and
southbound Zarthan Avenue and westbound 16th Street in accordance with the MN
Manual on Uniform Traffic Control Devices, to be approved by the Public Works
Department. If the City determines that construction activity is causing traffic conflicts,
it may require the developer to provide flag people to facilitate safe traffic on the adjacent
roads.
4. If the property is part of the Parade of Homes prior to realignment of Zarthan Avenue,
flag people shall be required to direct Parade traffic to and from the Zarthan Avenue
entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking
cannot be accommodated on site, or is interfering with fire lanes, traffic circulation, etc.,
the Zoning Administrator may require the developer to provide alternative parking on
nearby private property.
L. The Final Planned Unit Development shall be amended on February 20, 2001 to incorporate
all of the preceding conditions and add the following conditions:
RPsolutton No. 14-089 -5-
1. Condition A is modified as noted above.
2. The materials for the retaining walls being constructed along West 16th Street shall be
similar to the materials used on adjacent retaining walls along West 16th Street east of
Zarthan Avenue. These materials shall be submitted and approved by the Zoning
Administrator prior to the construction of the walls.
M. The developer shall pay an administrative fine of $750.00 per violation of any conditions set
forth in this resolution.
N. The Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all
of the preceding conditions and add the following conditions:
1. Both CSM and Rottlund must sign the amended official exhibits and new assent form.
2. The developers shall install signs at each project entrance indicating the approved times
for construction.
3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site
supervisor's home telephone number.
4. In the event that City staff determines that construction activity continues outside of
approved hours, Rottlund shall provide an on-site night security guard at Rottlund's
expense, to ensure that such violations do not continue.
5. Conditions A and M are modified as noted above.
O. The Final Planned Unit Development shall be amended on January 7, 2002 to incorporate all
of the preceding conditions and add the following conditions:
1. Condition F. is modified as noted above.
2. The developer is required to coordinate private improvements with the future schedule
for public improvements, which may include the temporary closing of certain project
entrances and other disruptions.
3. The developer is required to accommodate any emergency access requirements of the
Fire Marshall.
4. The Rottlund Company agrees to initiate the construction of the last townhouse building
in this project by no later than May 31, 2002.
P. The Final Planned Unit Development shall be amended on July 7, 2014 to incorporate all of
the preceding conditions and add the following condition:
1. Exhibit A — Site Plan is amended to reduce the minimum front yard setback for the
Spnnghill Suites Hotel (located on Lot 1, Block 1, Pointe West Commons One) from
30.0 feet to 28.0 feet. This setback applies to the existing structure only. Any expansions
must be processed as a major amendment to the PUD.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Henn in County Register of Deeds or Registrar of Titles as the case may be.
Revie d f(11 Administration:
City M
Attest:
Adopted by s e City Council July 7, 2014
Mayor