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HomeMy WebLinkAbout2001/07/23 - ADMIN - Agenda Packets - City Council - Regular 1 SPECIAL MEETING AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 23, 2001 7:40 p.m. 1. Call to Order 2. Approval of Agenda and Consent Item(s) NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. a. Approval of Agenda Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Item(s) 1. Motion to adopt the resolution approving an Amended and Restated Contract for Private Redevelopment between the St. Louis Park Economic Development Authority, the City of St. Louis Park, and Meridian Properties Real Estate Development LLC for the redevelopment of Park Commons East. Action: Motion to approve Consent Item(s) 3. TOLD Development Company is requesting approval of a Final Plat and Final PUD for Park Commons East Phase One Case No. 01-06-S and 01-07-PUD Recommended Action: Motion to adopt a resolution approving the Final Plat and Final PUD subject to the conditions included in the resolution. 4. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. 2 CONSENT ITEM St. Louis Park City Council Meeting of July 23, 2001 Motion to adopt the resolution approving an Amended and Restated Contract for Private Redevelopment between the St. Louis Park Economic Development Authority, the City of St. Louis Park, and Meridian Properties Real Estate Development LLC for the redevelopment of Park Commons East. Background: At the January 16, 2001 EDA/Council meeting, a development agreement with TOLD was approved for the redevelopment of Park Commons East. Since that time there have been significant changes in the project which necessitated revisiting the development agreement. These changes include the removal of Bally’s from the project, the change from Hollman to project based Section 8 housing, and significant changes in Minnesota’s property tax system. At the May 14, 2001 EDA/Council Study Session, staff provided a formal update of some of the potential changes to the development agreement and continued to update the EDA/Council at subsequent Study Sessions. At the July, 9, 2001 Study Session, staff provided that latest update of changes to the development agreement with TOLD and the final development agreement amendment is based on that discussion. Development Agreement Amendment: A number of changes are proposed to be included in the TOLD Development Agreement amendment. Some of these changes have financial impacts. A Sources and Uses Spreadsheet is attached outlining where the public funds are coming from and how they are being spent. Steve Bubul, the EDA attorney, will be at the EDA/Council meeting to outline proposed changes to the development agreement. The proposed changes include the following. ♦ Removal of Bally’s requirements from the development agreement. ♦ The EDA will be required to issue 20 yr. G.O. TIF Bonds when certain coverage requirements are met. ♦ Giving TOLD exclusive control of Phase W (the remnant parcel on the west side of the project adjacent to Bally’s) for 2 ½ years. Any proposed use of this parcel would have to be approved by the Planning Commission and City Council. ♦ Requiring TOLD to complete Phase NE next which includes at least 35 owner occupied units. TOLD would then be able to complete the remaining phases in any order provided parking requirements are met. 3 ♦ Modifying the $3,050,000 recapture provision so it starts at $3 million for the first year after the EDA transfers the first piece of property to TOLD and is reduced by $300,000 each year thereafter until the end of year 10 at which time the recapture is $0. ♦ Removal of SAC administrative payment for existing credits (this is a $120,000 payment from TOLD to the City). ♦ Changing the cost sharing arrangement for Monterey improvements (current agreement has $150,000 construction expense split 50/50 between TOLD and EDA). The amendment proposes having the EDA pay all of this expense. ♦ The EDA/City will be required to put another $180,000 into the project. This money will be the first money paid back if any future grant funds are received. (for example: Met Council funds). ♦ The EDA/City will be required to give TOLD a right of entry which will allow TOLD to begin construction prior to having its permanent financing in place. The reason for this is that TOLD is now considering HUD financing and it will take until October to close on the financing package. Attachments: 1. Spreadsheet Outlining Sources and Uses (attached to EDA report) 2. Summary of Redevelopment Contract (attached to EDA report) 3. Redevelopment Contract (attached to EDA report) 4. Resolution Prepared by: Tom Kleve, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager 4 CITY OF ST. LOUIS PARK RESOLUTION NO. 01-064 RESOLUTION APPROVING AN AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF ST. LOUIS PARK AND MERIDIAN PROPERTIES REAL ESTATE DEVELOPMENT LLC BE IT RESOLVED By the City Council ("Council") of the City of St. Louis Park, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The St. Louis Park Economic Development Authority (“Authority”) has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering Redevelopment Project No. 1 ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. Among the activities to be assisted by the Authority in the Redevelopment Project is redevelopment of the area in the City known as Park Commons East (the “Park Commons Project”). 1.03. The City, Authority and Meridian Properties Real Estate Development LLC (the “Redeveloper") entered into a Contract for Private Redevelopment dated January 16, 2001 (the “Original Contract”), setting forth the terms and conditions of development of the Park Commons Project and the Authority’s and City’s participation in that effort. 1.04. To address changes in timing and other development details for the Park Commons Project, the parties have determined to enter into an Amended and Restated Contract (the “Amended Contract”). 1.05. The Council has reviewed the Amended Contract and finds that the execution thereof and performance of the City’s obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 5 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Approved by the City Council of the City of St. Louis Park, Minnesota this 23rd day of July, 2001. Reviewed for Administration: City Manager Mayor Attest: City Clerk 6 City of St. Louis Park City Council Agenda Item Meeting of July 23, 2001 TOLD Development Company is requesting approval of a Final Plat and Final PUD for Park Commons East Phase One Case No. 01-06-S and 01-07-PUD Recommended Action: Motion to adopt a resolution approving the Final Plat and Final PUD subject to the conditions included in the resolution. Background: On December 4, 2000, the City Council approved a Redevelopment Plan and land use designations for Park Commons East as amendments to the Comprehensive Plan. The Metropolitan Council approved the Comprehensive Plan amendments on December 13, 2000. The City Council then rezoned the properties on January 16, 2001 for consistency with the Comprehensive Plan land use designations. The City currently owns all of the properties in the 16 acre Park Commons East area except Bally’s, which is not included in the proposed plat and PUD. The PUD site is bounded by Bally’s and Wolfe Lake condominiums on the west, Excelsior Boulevard on the south, Westmoreland condominiums and Monterey Drive on the east, and the southern portion of Wolfe Park on the north. On June 4, 2001, the City Council approved TOLD’s Preliminary Plat/PUD with variances to construct 660 housing units, 37,500 square feet of office, and 82,200 square feet of retail in a phased project subject to certain conditions of approval. On June 16, 2001, the City Council approved an ordinance vacating certain streets, an alley, and sidewalk easement in Park Commons East subject to recording the final plat. The proposed Final PUD for Phase One includes approximately 350 apartment units and 63,000 square feet of retail/restaurants in 4-story buildings with below ground and ramp parking. The town green and all of the new streets would be constructed as part of Phase One. The proposed Park Commons East Final Plat includes a request to rename a segment of 38th/39th Street between Monterey Drive and its current terminus at the HSM/Park Nicollet clinic to “Grand Place”. During a Study Session, the City Council expressed an interest in renaming the street and directed staff to send a survey to residents asking for feedback on the proposal and potential alternative names. A summary of the survey results is included in this report. Notice that the Planning Commission and City Council are considering the Final Plat was sent to the list of 1800 property owners. On July 11, 2001, the Planning Commission heard testimony on the Final Plat/PUD proposal and recommended approval on a vote of 6-0 subject to the conditions recommended by staff (see unofficial Planning Commission excerpts). 7 Issues:  Does the Final Plat/PUD meet the requirements of preliminary approval?  Are there any agency or staff comments that need to be addressed?  How will the phasing of construction be handled?  How are the park edge, town green, and streetscape designs being refined?  Have the elevations changed since the preliminary architectural review?  What are the results of the street naming survey and how can they be addressed? Analysis of Issues:  Does the Final Plat/PUD meet the requirements of preliminary approval? The resolution approving the Preliminary Plat, Preliminary PUD and variances included several conditions of approval, including requirements for the Final Plat/PUD submittal. The developer has submitted almost all of the required plans. Some detailed plans, such as lighting photometrics, have not yet been submitted. These items have been discussed with the developer and are in the works. Staff is recommending addressing them as part of the planning contract and conditions for issuance of permits. The proposed tree replacement plan does not meet ordinance requirements. Staff believes some trees can be moved and saved, larger sizes can be incorporated, and more trees can be planted in the park to help meet the requirements. Trees planted in the courtyard areas can also be counted. Staff will continue to work with the developer to meet ordinance requirements. If there is any balance required for cash-in-lieu of trees, the cost is proposed to be paid by the EDA and trees planted on public land in other areas of the City.  Are there any agency or staff comments that need to be addressed? Hennepin County has submitted letters indicating their acceptance of the plan provided the appropriate permits are obtained for work in the right-of-way. The traffic signal at Excelsior Boulevard and Market Avenue (the town green) has been approved by the County and will be paid for and installed by the City as part of the streetscape project. The Watershed District has been contacted to confirm that the appropriate permits were received when the stormwater ponds in Wolfe Park were oversized to accommodate this redevelopment. An Indirect Source Permit application was prepared for the MPCA. However staff has since been informed by our consultant (BRW/URS) that the Indirect Source Permit Rules have been repealed by the legislature, and there is no longer need for an ISP. The MPCA will be consulted regarding the proposed regrading of the park edge. Additional fill is proposed along the south edge of Wolfe Park in conjunction with the proposed park edge road, realigned trail, park entrance feature, and amphitheater improvements. The proposed north curb of the park edge road, including on-street parking stalls, has been staked on site. The Park and Recreation Director is currently reviewing the proposal along with Damon Farber Associates, who has been hired by the City to develop plans for the park edge and amphitheater. Some changes to the plans may be recommended as a result of the review. 8 Public Works staff and the Plumbing Inspector have made some comments on the civil and landscape plans. Changes to address the comments are addressed in the proposed conditions of approval. Metro Transit will be consulted to ensure that plans for the mainline bus facilities as well as the new transit circulators are adequate. The transit circulators and one mainline bus are currently using Natchez/Ottawa from Excelsior Boulevard north to 38th/39th and are then going west on 39th and south on Quentin to service the area and turn around. Temporary transit routes will have to be devised for the area during street construction. Permanent transit stops and waiting areas for connections between circulators and mainline routes are planned for Excelsior Boulevard. A transit circulator stop is proposed on the south side of 39th Street (proposed Grand Place) near the town green. This stop does not currently include a transit bump-out and should be reviewed by Metro Transit.  How will the phasing of construction be handled? Future phase lots will need to reapply for preliminary as well as final approval to address condominium lots and detailed development plans. Final Plat submittals will be phased. Requirements for phasing will be addressed in the planning contract according to the provisions of the subdivision ordinance. The Final Plat for Phase 1 shows all future development lots as outlots. Building construction will not be allowed to commence on the future development lots until all final approvals are received. Construction of interim parking, and other interim improvements, such as temporary sidewalks and landscaping, will be allowed on the future development lots subject to City approval. Demolition of existing buildings and site clearing is underway and will be complete by the end of July. A portion of the old municipal lot near the corner of Monterey and 38th Street will be retained during Phase One construction to supplement existing business parking in the area. Parking on Monterey Drive will be eliminated. New Phase One construction is expected to commence on August 20th. Phase One construction includes all of the new street and utility construction within the entire PUD area, completion of the town green from Excelsior Boulevard to Wolfe Park (temporary sidewalks will be installed along future development lots north of 38th), and completion of Phase One East and West buildings and parking ramps. The City will be completing most of the Excelsior Boulevard streetscape between Quentin Avenue and Monterey Drive. In areas adjacent to lots that TOLD is developing, TOLD will be responsible for completing the streetscape between the north curb of Excelsior Boulevard and the building face. This will be coordinated with the City streetscape plans.  How are the park edge, town green, and streetscape designs being refined? As noted, the park edge design is still being reviewed. Refinements will be coordinated with Damon Farber’s proposed plans for the amphitheater and park entrance from the town green. 9 Tree replacement and landscape plans have been submitted. Staff is still working with the developer to meet tree replacement requirements and ensure that the streetscape and town green plantings are at least commensurate with the size and quality of plantings that have been completed recently in other areas of Excelsior Boulevard. Plans for boulevard trees and other streetscape features within the project area will be coordinated with the Excelsior Boulevard streetscape plans being designed by SRF. The proposed town green design was recommended by a task force and has been accepted in concept by the City Council. Details regarding specific site materials and public art are still being considered. The City is currently in the process of selecting artists to help with the final plans for the town green. Staff will provide an update regarding the status of the artist selection process during the meeting. Ideas for art include a drinking fountain sculpture, custom bike racks and benches, a vertical sculpture in the traffic circle, medallion insets in the sidewalks, etc. Plantings should be selected to complement public art features. The proposed planting of ornamental crabapple trees in the traffic circle may need to be modified to coordinate with a proposed sculpture design.  Have the elevations changed since the preliminary architectural review? The elevations have been modified since preliminary review to address comments received during the public hearing process. These are included in your plans and will be reviewed in more detail during the meeting. Specific building materials should be called out on the elevations. Samples of building materials/colors will be required for approval prior to issuance of building permits. Staff is also requesting additional information regarding the proposed treatment of the parking ramps adjacent to the courtyards.  What are the results of the street naming survey and how can they be addressed? TOLD has proposed renaming 38th/39th Street between Monterey Drive and the HSM/Park Nicollet clinic to “Park Place”. The plat shows the new name within the project area. The City Council expressed an interest in renaming the street but also wanted to hear other possible names that existing residents might suggest. Staff sent a survey to the approximately 200 households in the Wolfe Lake and Westmoreland Hills condominiums. The survey asked the owners if they agreed or disagreed with renaming the street “Grand Place”. If they disagreed they were asked to submit a name that they preferred. 122 condominium owners returned the survey. 5 had no opinion. 93 suggested keeping the street as is or changing it all to either 38th or 39th Street (depending upon which segment of the street they currently live on). Many had concerns with the time and cost of changing the street name on their personal documents and mailings. Some noted that the condominium associations would also incur costs, including changing the sign in front of Westmoreland Hills Condominiums. 12 of the condominium owners agreed with renaming the street Grand Place. 12 disagreed with renaming the street Grand Place but suggested renaming it something else. Many noted that 10 Grand Place does not relate to St. Louis Park or help identify the area. Some felt Grand Place sounded pretentious or “like a casino”. Following are the suggested alternatives: • Grand Street (noted that Place doesn’t sound like a street) • Lilac Ave., Lilac St., Lilac Place, etc. • Monterey Place • Wolfe Park Place • Wolfe Lake St., Wolfe Lake Drive, Wolfe Lake Rd., Wolfe Lake Place, Wolfe Lake Parkway, Wolfe Lake Blvd. • Wolfe Street • Westmoreland Drive • Park View Lane • Park Place, Park Street, Park Avenue • Park Commons Drive Regardless of what name is chosen, if the street is to be renamed, an ordinance will need to be adopted to change the name of the street outside the area of the plat (e.g., in front of the existing condominiums). The Council can consider the following options: 1. Defer renaming this portion of 38th/39th as part of the Final Plat and consider renaming the street through the ordinance process (Grand Place and other suggestions would be further considered). 2. Rename this portion of 38th/39th “Grand Place” as part of the Final Plat process and follow up with an ordinance renaming the portion that is not within the plat. 3. Rename this portion of 38th/39th something other than “Grand Place” and follow up with an ordinance renaming the portion that is not within the plat. 4. Keep the street name as is (38th/39th). The town green would be the natural dividing line between 38th and 39th. Staff recommends Option 1. This would require a slight change to the resolution to ensure the plat is revised. Staff would follow up with a recommended name and proposed ordinance amendment in the near future. Recommendation: Staff and the Planning Commission recommend approval of the Final Plat and PUD for Park Commons East Phase One based upon the findings and subject to the conditions in the proposed resolution. Attachments: Proposed Resolution Unofficial Planning Commission Excerpts Project Description Submitted by TOLD Final Plat and PUD Drawings Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Charles W. Meyer, City Manager 11 RESOLUTION NO. 01-065 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “M-X” MIXED USE, “R-C” MULTIPLE FAMILY RESIDENTIAL, AND “R-3” TWO-FAMILY RESIDENTIAL LOCATED EAST OF THE BALLY’S PROPERTY AT QUENTIN AVENUE, WEST OF MONTEREY DRIVE, AND NORTH OF EXCELSIOR BOULEVARD TO THE SOUTHERN PORTION OF WOLFE PARK, COMMONLY KNOWN AS PARK COMMONS EAST AND FINAL PLAT – PARK COMMONS EAST WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on June 4, 2001, Resolution No. 01-049; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Park Commons East was received on January 16, 2001 (accepted as complete applications on May 9, 2001) from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Plat at the meeting of July 11, 2001, and WHEREAS, the Planning Commission recommended approval of the Final PUD and Plat 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 hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. TOLD Development Company 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 M-X, R-C, and R-3 districts located east of the Bally’s property at Quentin Avenue, west of Monterey Drive, and north of Excelsior Boulevard to the southern portion of Wolfe Park, commonly known as Park Commons East and TOLD Development Company , and the City of St. Louis Park, owners and subdividers of the land proposed to be platted as Park Commons East have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; for the legal description as follows, to-wit: 12 See Attached Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 01-06-S and 01-07-PUD ) and the effect of the proposed PUD and Plat 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 PUD and Plat 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 also determined that the proposed PUD and Plat 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 14:6-7.2(E). 4. The contents of Planning Case Files 01-06-S and 01-07-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development and Final Plat at the location described are approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used, and maintained in conformance with the official exhibits, which may be amended according to the provisions of the planning contract between TOLD and the City of St. Louis Park and to meet the following conditions: a. to address the recommendations of the Public Works Department dated 7/3/01. b. to address the Plumbing Inspector’s comments dated 7/2/01. c. to preserve the trees on the north side of 38th Street (proposed Grand Place) in front of Westmoreland Hills condominiums. d. to increase the length of the median at Market Avenue and Excelsior Boulevard per the recommendation of the traffic consultant. e. to meet minimum tree replacement ordinance requirements (that are not related to a cash in lieu payment). f. to coordinate town green and public streetscape improvements with Excelsior Boulevard streetscape plans and input from the selected artist consultant. g. to coordinate park edge improvements with amphitheater plans. h. to address comments from Metro Transit regarding transit locations and improvements. i. to address conditions of required permits from the Watershed District, MPCA, and City. 2. Outlots A, B and C of the Park Commons East Final Plat shall be retained by the City of St. Louis Park for public purposes. 3. Future phases shown as Outlots D, E, F, G, H, and I on the Park Commons East Final Plat must receive subsequent preliminary and final PUD and plat approval, including approval of condominium lots, prior to construction of any permanent improvements on those properties. 13 Interim parking and transit facilities are permitted on Outlots D, E, F, G, H, and I provided City approval is obtained and any necessary access easements or agreements are executed. 4. All street right-of-way (R.O.W.) shall be dedicated to the City or Hennepin County as shown on the Park Commons East Final Plat; an ordinance vacating existing City streets, an alley, and an existing sidewalk easement along Excelsior Boulevard shall become effective upon recording of the Final Plat. 5. Prior to the City signing the Final Plat: a. A sidewalk easement shall be executed which retains that portion of the developable lot between the building face and public right-of-way for public sidewalk purposes. b. A planning contract shall be executed between the City and developer which addresses at a minimum: final plat/PUD and construction phasing; interim use and maintenance plans for future phase outlots, construction of permanent public improvements and temporary sidewalks, provisions for ensuring adequate parking, conditions for administrative approval of amendments to the official exhibits, terms for meeting tree replacement requirements. 6. The Park Commons East Final Plat approval includes the following variances to the Subdivision Ordinance: a. Street right-of-way and street sections shall be as shown on the approved final plat; street names may include the word “park” subject to final plat and PUD approval. b. Drainage and utility easements shall not be required around the perimeter of all lots. c. Lots sizes in future phases may be less than the “R-C” Zoning District requirement subject to any conditions of subsequent preliminary and final PUD/Plat approval. 7. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, and off-street parking as shown on the official exhibits based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. 8. Outdoor seating is permitted in association with restaurants and food service uses subject to any conditions of Final PUD approval for that phase, easement provisions, health codes, and approval of specific outdoor seating plans by the Zoning Administrator. 9. All parking shall be open to the general public at all times except as follows: on-street parking may be restricted by the City, below-ground parking may be restricted to building residents, and a plan for valet parking may be approved by the City. 10. If parking is deemed inadequate by the City based upon evidence of parking in fire lanes, drive aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 11. Proposed “Market Street” north of 38th/39th (proposed Grand Place) may be closed for events as approved by the City. 12. The developer is required to comply with all provisions of the planning contract, development agreement with the EDA, Metropolitan Council LCDA grant agreement(s), MPCA and Watershed District approvals. 13. Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract: a. construction of all streets, on-street parking, and utilities, within the entire PUD area. b. completion of streetscape improvements, including bicycle and transit amenities, adjacent to all Phase 1 properties and Wolfe Park. 14 c. construction of temporary bituminous sidewalks in accordance with a plan approved by the Zoning Administrator. d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, plantings and streetscape subject to approved final plans. e. construction of the entire town green from Excelsior Boulevard to Wolfe Park in accordance with approved final town green plans with temporary sidewalks north of 38th/39th until permanent sidewalks/streetscape are completed during construction of each future phase. f. construction of the Phase 1 public parking ramps in accordance with approved final plans. g. construction of the police substation and public restrooms in accordance with approved final plans. h. construction of traffic improvements and installation of traffic control and directional signage in accordance with approved final plans. i. construction of 18 project-based two-bedroom Section 8 units in accordance with public housing agreements. 14. Prior to any site work other than demolition for Park Commons East Phase One: a. the Final Plat and PUD for Phase 1 shall be approved and the Final Plat shall be signed by the City. b. final construction documents for public infrastructure (street, underground utilities; not streetscape) improvements shall be approved by Public Works. c. required erosion control permits, utility permits, and other required permits shall be obtained from the City, Hennepin County, Watershed District and any other required agencies. d. the MPCA shall be informed of the plans to regrade the southern portion of Wolfe Park and approval shall be received prior to regrading the park, if needed. e. a final tree preservation plan shall be approved by the Zoning Administrator and any necessary construction fencing shall be in place. f. plans for maintaining access to existing private condominium parking during construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 15. Prior to issuance of any building permits, which may impose additional conditions: a. Evidence of recording the final plat, easements, and planning contract shall be submitted to the City. b. the Indirect Source Permit shall be approved by the MPCA. c. A lighting and photometric plan shall be approved by the Zoning Administrator. d. An irrigation plan shall be approved by the Zoning Administrator. e. Exterior building material/colors shall be approved by the Zoning Administrator. f. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 16. Prior to installation of any private signage, sign permits shall be approved by the Zoning Administrator. 17. Future phases of the Preliminary PUD are approved in general concept only and subject to the following conditions of approval: 15 a. All future phases are required to apply for subsequent Preliminary and Final PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements. b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed during construction of each future phase. c. A minimum of 35 stacked townhomes for owner-occupants shall be included in Future Phase E and/or Future Phase NE; additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. e. Variances to the 80 feet minimum lot width of the “R-C” District may be approved subject to Preliminary and Final Plat and PUD approvals. f. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. g. Approval for construction of future phases is contingent upon provision of adequate parking, which may include interim parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses. 18. Prior to execution of the Final Plat for each subsequent phase: a. preliminary and final plat/PUD approval shall be obtained for that phase. b. the existing development agreement shall be amended as necessary and a new planning development agreement shall be executed between the developer and City/EDA. c. public sidewalk easements shall be approved by the City Attorney for those areas of private development lots between the public street and building setback. Pursuant to Section 14:6-7.5(F) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council July 23, 2001 City Manager Mayor Attest: City Clerk 16 Excerpts Unofficial Minutes Planning Commission July 11, 2001 5. New Business B. Other New Business i. Request of TOLD Development for Phase I Final PUD and Plat Park Commons East Phase I Case Nos. 01-7-PUD and 01-6-S Ms. Jeremiah presented a staff report. Ms. Jeremiah reported that as of July 9, 115 surveys sent to condominum residents regarding a request to rename a segment of 38th/39th Street were returned to her. She said that most of the surveys returned indicated a preference for no change due to the effort and cost involved in changing personal address items. The remainder of the surveys were split between a preference for Grand Place and preference for a different name. Ms. Jeremiah said she would compile a list of proposed alternative names. She reported that an update was provided at the City Council study session on July 9 and the Council indicated they are still interested in renaming the street. Ms. Jeremiah stated that the Planning Commission does not necessarily need to comment on the street renaming, but any remarks can be forwarded to the City Council if desired. Ms. Jeremiah noted that the preliminary approval required submission of a number of plans and many details have been submitted for Phase I. She added that a temporary sidewalk plan and interim use/maintenance plans have just been submitted. The lighting photometric plan can be deferred until the application of the building permit. It will be reviewed by staff for conformance with ordinances. Ms. Jeremiah reported that staff is working with the developer regarding the tree replacement plan. Ms. Jeremiah stated the approval is only for Phase I and the remainder of the project would be phased in over time. The next lot to be developed would be the future northeast lot. Subsequent development will require public hearings as part of the preliminary and final approval process. Ms. Jeremiah commented on access to parking structures and whether or not that could be modified to eliminate access from Excelsior Blvd. She said she didn’t believe that issue was raised at the Planning Commission and it was raised at the City Council. The traffic consultant studied the matter and determined the effects were relatively serious, resulting in loading traffic on the Town Green streets as well as 38th/39th St. It would also adversely effect Monterey Drive. The City Council did not recommend any change. 17 Commissioner Garelick asked for details regarding the amphitheater. Ms. Jeremiah responded that it would be generally located at the end of the Town Green. Terraced seating is expected to accommodate approximately 300 people. Bob Cunningham, of TOLD Development, distributed a small scale concept drawing of the amphitheater. Chair Velick requested that the July 18 tour of the Planning Commission include a guided tour at the Park Commons area. Dennis Sutliff, ESG Architects, presented color drawings illustrating design changes such as varied articulation on top of buildings, differing window widths, diverse textures and colors, individual awning treatments and stone and brick variations. Mr. Sutliff discussed the glass design of the parking structure elevator. He also commented on signage design. Josh Gruber, 4608 W. 39th Street, said he didn’t believe parking had been adequately disclosed or sufficiently discussed by the City Council. Mr. Gruber commented that TOLD Development said in November that it has not wavered from principles of a transit/pedestrian friendly environment. Mr. Gruber stated that the widths of entrances and exits from parking structures, 120 feet, is double that of the Town Commons, and does not provide a pedestrian friendly environment. Mr. Gruber said that in February, 1999, members of the Planning Commission stated that the four story structures would create canyons instead of a street level feeling. Mr. Gruber said he felt that nothing has changed in the intervening time to change that perception. Mr. Gruber read a Planning Commissioner’s statement from February, 1999 that the plan was very far removed from the original goal of the City. He said change should enhance the experience of residents and those who visit. Mr. Gruber went on to say that the consequences of the project will be lasting and he encouraged Commissioners not to rush approval of the project. Mr. Gruber said the request to change the parking ramp was presented as a revision. He said last November schematics were presented which showed parking ramp entrance and exist onto side streets so that traffic would not encumber Monterey Drive or the Town Green. He asked if traffic studies have taken into consideration the effect of having hundreds of cars emptying onto Excelsior Blvd. and stopping halfway between lights to turn into a parking ramp. He said that could be a significant change from what the original plans looked like. Mr. Gruber asked the Planning Commission to give consideration to postponing a decision on the PUD and plat because of its importance and lasting consequences. He asked if commissioners whose statements he referred to from 1999 still felt the same way. Mr. Gruber said he felt the character of the development has changed very dramatically from the conception at the charrette stage. 18 Fran Rutherford, 4820 W. 39th St., #318, Wolfe Lake Condominiums, expressed concerns about changing the name of a segment of 38th/39th Street. She said she felt residents of the condominiums are being inconvenienced by the development by dust, noise, a yearlong street closing, added traffic, and now the further inconvenience of a street renaming. She commented on her experience with a street name change. Commissioner Gothberg stated that comments made in February, 1999 by Planning Commissioners referred to the previous developer’s proposal. He added that significant improvement and continued refinement has been made with TOLD Development. Commissioner Gothberg said he objects to the name Grand Place. He stated that he hopes the City Council will take its time in renaming the street. He asked for the current proposed name along the park edge as some recently submitted plans use both Walden and Wolfe Parkway. Commissioner Gothberg asked what the process will be for minor changes. Ms. Jeremiah responded that the development agreement will address specific criteria for potential administrative amendments to the official exhibits. She said that generally the language for those criteria is that minor changes can be made to exact colors and specific location of materials as long as they are in keeping with the original approval and there is no reduction in the use of Class I materials. Ms. Jeremiah added that there are also specific criteria in the PUD ordinance which address public hearing requirements. In reference to public art on the Town Green, Commissioner Gothberg commented that he hopes a great deal of green space will be retained. Mrs. Carl Holzinger, 3765 Kipling, said she feels the outcome of the charrette and taxpayer’s vote has been lost sight of. She said that condominiums do not enhance the area. She commented on the loss of green space. Mrs. Holzinger stated that if a revote was taken today she doubted whether the development would be supported by residents. She said that good improvements have been made on Excelsior Blvd. to the east. She mentioned current traffic congestion on Excelsior Blvd. Mrs. Holzinger said she didn’t believe additional stop signs would help, but would only bring more cars onto the residential streets. She urged the Planning Commission to not rush into project approval. She said the new concept is a 360-degree turnabout from the one supported by taxpayers. Mrs. Holzinger said that residents had envisioned bicycle paths, benches and a great deal of green space. Chair Velick said she believed much green space would remain in Wolfe Park and the amphitheater area. She said she believes the charrette focus to have a town center flow into the park has been retained. She asked staff to comment on remarks made by residents. Ms. Jeremiah commented on the entrances and exists of the parking structures. She said the architect’s reference to 120 feet is the full width of the parking structures, not the 19 entrances to them. She said the November plans did show the entrances into the parking structures from side streets. However, the side streets also brought people to and from Excelsior Blvd. mid-block between traffic lights, so the impacts on Excelsior Blvd. haven’t changed. She said it is true that there has never been a plan where the parking structure was directly entered from the town green. She said at one time an entrance to some parking on Monterey Drive was proposed but there were traffic problems with that. Ms. Jeremiah said all the traffic studies have looked very closely at the specific plan and determined that exiting at Excelsior half-way between traffic signals is considered a good, safe distance with no stacking problems. She went on to say that the developer and staff have looked closely at visibility coming in and out of those parking structures and how that relates to the sidewalk. Ms. Jeremiah said she would provide all name change responses to the City Council. As regards Walden Parkway or Wolfe Parkway, Ms. Jeremiah said the developer has agreed to make the change to Wolfe Parkway. She said that residents have indicated their preference for street names to relate to the area. Ms. Jeremiah commented that aside from the platting issue, there is also follow-up that would have to be done by ordinance to rename streets. She said there will be more discussion and follow-up on renaming before it is finalized. Ms. Jeremiah said that some of the details regarding bike paths and park amenities might need more explanation. She described local and regional bike path connections. She explained that benches are proposed in many locations along the Town Green. Ms. Jeremiah elaborated on the different kinds of spaces which will be created in the Town Green, some spaces being very quiet and others more active. She said more grass is preserved in the center of the Town Green, and the edge will include more hardscape for special events. Ms. Jeremiah remarked on the amount of review undertaken for the project. She said all parties have their own individual idea of the best direction for the project. She said the outcome has been a compilation of ideas discussed over time with the City trying to address the primary comments that have been heard. Chair Velick asked for clarification on the parking ramp. She asked also for more information on the flow of traffic. Mr. Cunningham pointed out the area of Phase I east of the Town Green which showed the parking ramp. He said the traffic flow is anticipated to be a right turn in and right turn out onto Excelsior Blvd. Along the proposed Grand Place there will be an all-way motion allowing left and right turn motions. He said TOLD believes it is a very safe traffic situation. The design provides for an enhanced site line at the exit, unlike most parking structures, which are built right up to the sidewalk. Mr. Robertson remarked that the scope of the project was to develop a downtown which uses a scale reminiscent of small towns throughout the state, where relatively tall buildings are clustered on a narrow main street for a few blocks. Mr. Robertson said he 20 advocated for more diversity on the building facades so that they looked like individual buildings built over time. He said the architect has been very creative in approaching that feeling. He commented on the street opening up to the gateway on the park. He said it can be difficult to visualize scale but he believes the scale works very well. Mr. Robertson encouraged residents to look past the inconveniences and look forward to the time when they will be able to walk from their residences to a vibrant part of the city. He said mixed-use is beneficial for a vibrant town center. Mr. Robertson said that he is pleased at how the project has developed. Commissioner Garelick remarked that he believes the project will be beneficial to the neighboring residents. He commented on the appreciating value of homes in the area. Commissioner Bissonnette said she is in agreement that the project design is much improved. She commended the developer for its response to requests for revisions. She said her main concern is with traffic. She said the project design does create a downtown feeling and she remarked on the connections to the Rec Center, Wolfe Park, retail, and residential areas. Chair Velick said she had concerns with the parking ramp but that she is comfortable with the developer’s explanation of how traffic will enter and exit. She said she thinks that traffic back up can be worked out with sequenced traffic lights. She went on to say that the project would energize the area. Chair Velick commented on the efforts of the Planning Commission to make the project happen. Ms. Rutherford, 4820 W. 39th St., said she wanted to make it clear that she doesn’t object to the development, but that she does object to the street renaming at 38th/39th Street. She suggested that the retail area be called Wolfe Park Center or Wolfe Lake Center. Commissioner Gothberg made a motion to recommend approval of the Final Plat and Final PUD subject to the conditions recommended by staff. The motion passed on a vote of 6-0 with Commissioners Bissonnette, Garelick, Gothberg, Morris, Robertson, and Velick voting in favor. Mr. Cunningham thanked the Commission for its consideration to date. He provided an update on leasing activities.