HomeMy WebLinkAbout22-034 - ADMIN Resolution - City Council - 2022/02/02Resolution No. 22-034
Resolution amending and restating Resolution Nos. 08-057, 08-128,
09-040, 09-064, 10-093, 11-016, 13-123, 13-151, and 19-011 relating to a final
planned unit development for the West End Redevelopment Project
located at the southwest quadrant of Interstate 394 and Highway 100
The West End Redevelopment Project
Whereas, the City has received an application for a preliminary and final planned unit
development (PUD) at 5235 Wayzata Boulevard legally described as follows, to wit:
Lot 2, Block 1, The Shops at West End, Hennepin County, Minnesota
Whereas, a Final PUD was approved regarding the subject property legally described as
the Shops at West End as Resolution No. 08-057 of the St. Louis Park City Council dated April 28,
2008 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 08-128 of the St. Louis Park City Council dated October 6,
2008 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 09-040 of the St. Louis Park City Council dated March 2,
2009 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 09-064 of the St. Louis Park City Council dated May 4, 2009
which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 10-093 of the St. Louis Park City Council dated September
7, 2010 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 11-016 of the St. Louis Park City Council dated January 18,
2011 which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-123 of the St. Louis Park City Council dated August 19,
2013, which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-151 of the St. Louis Park City Council dated October 7,
2013, which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 19-011 of the St. Louis Park City Council dated January 22,
2019, which contained conditions applicable to said property.
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Resolution No. 22-034 2
Whereas, it is the intent of this resolution to continue and restate the conditions of the
Final PUD granted by Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-093, 11-016, 13-123,
13-151, and 19-011 to amend and consolidate all conditions applicable to the subject property
in this resolution.
Now therefore be it resolved that Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-
093, 11-016, 13-123, 13-151, and 19-011 are hereby restated and amended by this resolution
which continues and amends a Final Planned Unit Development to the subject property at the
location described above based on the following conditions:
1. The uses on the subject property are limited to retail, service, restaurants, hotel,
theater, indoor motor vehicle display when occurring in a commercial storefront only,
medical and dental office, and office. The following uses are not allowed: in-vehicle
sales and service (drive-through); motor fuel stations; motor vehicle sales, service and
repair; car washes; currency exchanges; check cashing; pay loan agencies; pawnshops;
sexually-oriented businesses, tattoo shops; gun shops (not excluding a sporting goods
store that sells, as part of its sporting goods inventory, guns and ammunition).
2. The final site plan and façade design of the large retail building on Lot 4, Block 1, THE
SHOPS AT WEST END (proposed grocery store) shall require a PUD Minor Amendment
with review by the Planning Commission.
3. The hotel site plans for Lot 3, Block 1, THE SHOPS AT WEST END shall require a PUD
Major Amendment if any variances are requested. If the plan does not require a
variance, the application may be processed as a PUD Minor Amendment and include
review and recommendation of the Planning Commission.
4. The total gross floor area of restaurants shall be restricted to the limitations established
by the West End parking study as amended from time-to-time limited to 90,820 square
feet on the combination of Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END,
Hennepin County, Minnesota. Amendments to the West End parking study may be
processed administratively, however, at the discretion of the Zoning Administrator,
amendments may be processed as a minor or major amendment.
5. The total number of seats in the movie theater shall be limited to 2,700 seats.
6. Tenants in Building 32 shall be limited to Mercantile (Group M) uses as defined in the
2007 Minnesota State Building Code.
67. The portion of the five-level retail parking structure (Building 35) that is within 20 feet of
the Gamble Drive right-of-way shall have a minimum of 60% Class I exterior materials.
The Developer shall amend the Official Exhibits to comply with this requirement.
78. The Community Development Director and Zoning Administrator or their designee(s)
may approve individual tenant/building façade designs administratively or refer
proposals to the Planning Commission and City Council for consideration, as City staff
deems necessary.
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89. The sign plan is subject to Community Development Director and Zoning Administrator
review and approval. Sign permits are required.
910. Access to the truck courts on the west retail block from Park Place Boulevard shall be
limited to between 8 p.m. and 10 a.m.
101. The access will be controlled from Park Place Boulevard to the truck courts on the west
retail block using a mechanical bollard system and directional signs in the Park Place
Boulevard right-of-way. The Developer shall enter into a Planning Development
Contract with the City of St. Louis Park that addresses this private use of public land.
112. The Developer shall maintain horizontal separation from landscaping (i.e. boulevard
trees) of at least three feet from shallow underground utilities (i.e. fiber optic cable,
private utilities, etc.), and eight feet horizontal separation from deeper underground
utilities (i.e. water, sanitary sewer, etc.).
123. Tree plantings and street furnishings shall be located in a manner that maintains at least
six feet wide clearance space in all boulevard/sidewalk areas for snow removal.
134. The Developer shall amend the Official Exhibits (The Shops at West End Design
Guidelines) to incorporate the following:
a. At pedestrian level, facades on Buildings 12, 22, 23, 24, 31, 32 and 33 shall
be primarily transparent:
1. At least 60% of facades between 3 feet and 7 feet above the first
floor elevation shall consist of pedestrian entrances, display windows
or windows affording views into retail, offices, gallery or lobby space.
The West End Tenant Design Guidelines shall illustrate the portions of the
above referenced buildings subject to this requirement.
2. Visibility into the space shall be maintained for a minimum of three feet,
but display of merchandise in this space is allowed. Display windows may
be used to meet the transparency requirement.
b. At pedestrian level (between 3 feet and 7 feet above the first-floor elevation),
building facades facing public streets, West End Boulevard, or the pedestrian
arcade shall have no more than 10% of the total window area be glass block,
mirrored, spandrel, frosted or other opaque glass.
c. No more than 10% of the total window area of any building façade shall have
signs applied to the inside or outside surface of the window. The remaining 90%
of window and door area shall be clear or slightly tinted glass that allows views
into and out of the building.
d. Tenants in Buildings 12, 22, 24, 31, and 33 that are located adjacent to public
and/or private street intersections shall locate entrances at or near the
adjacent building corner.
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e. Awnings and canopies shall be made of heavy canvas, fabric, metal and/or glass.
Plastic and vinyl awnings are prohibited. Backlit awnings and canopies are
prohibited.
145. A business may use the sidewalk within five feet of its building wall for the following
purposes, provided the business maintains a clear walkway that is at least eight feet
wide along Park Place Boulevard and at least six feet wide along other streets, and
provided the uses do not occur in the public right-of-way unless the City approves an
encroachment agreement in accordance with the City’s Temporary Private Use of Public
Land Policy:
a. Display of merchandise, not to exceed 100 square feet per business;
b. Benches, planters, ornaments, art;
c. Signs permitted in the zoning ordinance; and
d. Outdoor dining. Outdoor dining areas may extend farther than five-feet from
the building wall, provided tables and chairs or other structures maintain the
required horizontal clearance for a walkway between the dining area and other
obstructions, such as trees, poles, and curbs.
156. The Developer shall provide easements and $285,000 for public art to help satisfy the
alternative landscaping requirements. The City and the Developer will develop a public
process to select the artists, artworks and locations.
167. The Developer shall amend Official Exhibits (utility plans) to provide separate domestic
and fire water service lines to the buildings.
178. The developer shall work with the Police Department on the design and construction of
the police substation area in Building 31. In particular, the plan shall provide windows
and doorway on the northeast building elevation along the alley.
189. The developer shall redesign the public restroom entrances in the Building 31 atrium to
have open entrances (no exterior doors to the atrium), similar to typical stadium/movie
theater restroom entrances, as requested by the Police Department.
1920. At City of St. Louis Park’s sole discretion, and upon conferring with the property owner,
the property owner shall change the designation of West End Boulevard on-street
parking stalls from short-term customer parking to “pick-up/drop-off only” (or similar
restriction).
201. The applicant shall be responsible to obtain all permits from the City and other agencies.
212. The property owner(s) shall be responsible for obtaining a City license for all parking
structures.
223. Tenants shall be responsible for obtaining all City licenses (i.e. grocery store, hotel, etc.).
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234. The property owner shall prepare and effectuate traffic management plans that reduce
traffic congestion. The property owner submitted a plan for review and approval of the
by the St. Louis Park and Golden Valley I-394 Joint Task Force. The property owner shall
implement The Traffic Management Plan (TMP) approved by the Travel Demand
Management Joint Task Force prior to City issuance of a certificate of occupancy.
245. The City and Developer shall set up a monitoring program to determine actual sanitary
sewer flows. Following each phase of the development, sewer flows will be analyzed to
determine if sewer flows exceed Metropolitan Council limits described in the
Metropolitan Council’s letter to the City of St. Louis Park dated December 14, 2006. If
sanitary sewer flows exceed said limits, the Developer shall submit a final design of a
privately owned, privately maintained, temporary sanitary sewer peak flow detention
facilities for Metropolitan Council Environmental Services (MCES) and City of St. Louis
Park approval. The Developer shall construct the said approved system and put it into
operation in the timeframe designated by MCES and City of St. Louis Park, and prior to
City issuance of building permits for additional phases.
256. The Developer shall abide by the City’s water use restrictions and follow State of
Minnesota requirements for low-flow structures. After each phase of the
redevelopment, water usage shall be monitored. If monitoring shows use exceeds 90%
of peak capacity, the Developer shall cooperate with the City to identify citywide and
project-specific measures to increase water treatment capacity and reduce consumption
prior to City issuance of building permits.
267. The north office tower and operations center at 1551 Utica Avenue (Lot 1, Block 2, THE
SHOPS AT WEST END) shall be developed, used and maintained in accordance with the
Official Exhibits from Zoning Application 86-14-SP and 07-61-PUD. If there is any conflict
between the Official Exhibits, 07-61-PUD shall supersede. The following 86-14-SP Official
Exhibits are incorporated by reference herein: Exhibit A – Site Plan and Lighting Plan;
Exhibit B – Grading Plan; Exhibit C – Utilities Plan; Exhibit D – Landscape Plan; Exhibit E –
Building Elevations; Exhibit F – Basement Floor Level Plan; Exhibit G – Ground Floor Plan;
Exhibit H – Second Floor Plan; and Exhibit I – Typical Floor Plan, as modified by City
Development on March 13, 1986. (The floor plans are included to show general use and
configurations only.)
278. The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot
1, Block 2, THE SHOPS AT WEST END):
a. The site shall be developed, used and maintained in accordance with the
Official Exhibits from Zoning Application 98-42-PUD and 07-61-PUD. If there is
any conflict between the Official Exhibits, 07-61-PUD shall supersede. The
following 98-42-PUD Official Exhibits are incorporated by reference herein:
Exhibit A – Site Plan, Exhibit B – Landscape Plan, Exhibit C – Existing Survey,
Exhibit D – Grading, Drainage and Erosion Control Plan, Exhibit E – Utility Plan,
Exhibit F – East Elevations, Exhibit G – North Elevation, Exhibit H – South
Elevation, Exhibit I – West Elevations, Exhibit J – West Elevation - Parking Ramp,
and Exhibit K – Parking Ramp elevation (south).
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Resolution No. 22-034 6
b. Parking ramp layouts and site plan shall provide designation of at least 20 bicycle
racks and at least 20 carpool spaces in convenient locations.
c. A covenant shall be recorded on the property which specifies that a minimum of
4,000 square feet of the atrium shall remain in perpetuity as indoor open space
and available for general “public” use. Said interior atrium space shall be
designed in an aesthetically pleasing and usable way, with landscaping, benches,
and the like. A detailed atrium plan shall be submitted and approved by the
Community Development Director and the Zoning Administrator.
d. The following modifications to ordinance requirements are re-authorized:
1. The floor area ratio for the PUD can be 1.57.
2. The setbacks on Gamble Drive for the parking ramp can be 17 feet.
3. Reduced office building setback along Gamble Drive of 96 feet.
289. Prior to issuance of building permits, the following conditions shall be met:
a. A Planning Development Contract shall be executed between the Developer and
City that addresses, at a minimum:
1. Conditions of PUD approval as applicable or appropriate;
2. Public use of gathering spaces in the development;
3. Private use of public land
4. Maintenance agreement and/or special service district;
5. Surety in the form of an irrevocable letter of credit for Redeveloper
Public Improvements and landscaping; and
6. Administrative approval of modifications to the PUD plans.
The Mayor and City Manager are authorized to execute said Planning
Development Contract.
b. The Developer shall provide a surety to the City of St. Louis Park in the form of
an irrevocable letter of credit for 1.10 times the estimated Redeveloper
Public Improvements costs (as defined in the Redevelopment Agreement), and
1.25 times the estimated landscaping costs.
c. The property owner shall pay the applicable Traffic Management Administrative
Fee.
1. The portion of the shopping center subject to this fee is on Lot 2, Block 2,
THE SHOPS AT WEST END. The total fee of $34,633 shall be paid to the
City of St. Louis Park prior to City issuance of building permits.
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2. Subsequent phases of the PUD (future hotel and office towers) shall pay
fifty percent of the fee upon submission of a Final PUD Amendment
application, and the remaining fifty percent of the fee upon submission of
a building permit application, for each respective development phase.
2930. The Planned Unit Development shall be amended on October 6, 2008 to incorporate all
of the preceding conditions and add the following conditions relating to Lot 4, Block 1,
THE SHOPS AT WEST END, Hennepin County, Minnesota:
a. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 08-32-PUD, including Exhibits C4B-Site Layout
Plan North, C8A-Utility Plan, C10B-Landscape Street Plan, A11101-Building 11
Overall Plan, A11111-Building 11 Level 1 Area 1, A111112-Building 11 Level 1
Area 2, A11401-Building 11 Exterior Elevations, such documents incorporated by
reference herein.
b. Overnight cart storage shall be inside the building.
c. The Developer shall continue to work with City staff through a public process to
select public art and the complete plaza design.
d. The Developer shall submit a site plan and programming plan for the plaza area
to the City for review and approval by the Zoning Administrator.
e. The building proposal includes graphic art panels in order to enhance the
appearance of the building and pedestrian environment. The Developer shall
submit plans for the graphics on the backlit translucent wall-mounted panels for
review and approval by the Zoning Administrator. The panels and/or graphics
shall be changed from time to time and at least biennially. The panel may
include any mosaic, mural, painting or graphic art or combination thereof which
is professionally applied to the panel that does not contain any brand name,
product name, letters of the alphabet spelling or abbreviating the name of any
product, company, profession or business, or any logo, trademark, trade name,
or other commercial message (defined as supergraphics in the City Sign Code
and exempt from the Sign Code provisions). The Developer shall allow use of the
panels for public art. Proposed public art shall be subject to review and approval
by the Developer and building tenant(s).
f. Assent Form and Official Exhibits must be signed by the applicant (or applicant
and owner if applicant is different from owner) prior to issuance of a building
permit.
g. The sign plan is subject to Community Development Director and Zoning
Administrator review and approval. Sign permits are required.
h. Approval of Building Permits, which may impose additional requirements.
i. A Planning Development Contract between the Developer and City shall be
amended to address, at a minimum:
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Resolution No. 22-034 8
1. Amended conditions of PUD approval as applicable or appropriate;
2. Public use of the plaza gathering space;
3. Temporary uses of the plaza; and
4. Administrative approval of modifications to the PUD plans.
301. The Planned Unit Development shall be amended on May 4, 2009 to incorporate all of
the preceding conditions and add the following conditions relating to Lot 4, Block 1 and
Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota:
a. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 09-07-VAR and 09-08-PUD relating to the Shops
at West End Sign Plan, such documents incorporated by reference herein.
312. The Planned Unit Development shall be amended on September 7, 2010 to incorporate
all of the preceding conditions and add the following conditions relating to Lot 3, Block
1, THE SHOPS AT WEST END, Hennepin County, Minnesota:
a. The PUD major amendment is approved for the development of a six-story, 120-
unit apartment building with structured parking to be developed at 5310 16th
Street W, with five off-site parking stalls and 3,136 square feet of the designed
outdoor recreation area provided off-site.
b. The following PUD modifications, in addition to modifications previously
authorized for the overall Shops at West End PUD:
1. Floor area ratio of 3.24.
2. Housing density of 112.6 units per acre.
c. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Applications 10-23-PUD and 10-25-VAR relating to a
shadow variance, including Exhibits A100 Site Plan (revised 01/10/2011), AB101
Lower Level Garage Plan (revised 01/10/2011), A101 First Floor Plan (revised
01/10/2011), A102 Second Floor Plan (revised 01/10/2011), A103 Floors 3-6
Typical Floor Plan (revised 01/10/2011), A400 Exterior Elevations (revised
01/10/2011), A401 Exterior Elevations (revised 01/10/2011), L100 Landscape
Plan (revised 01/10/2011), such documents incorporated by reference herein.
d. The five (5) proposed off-site parking stalls shall be protected by an irrevocable
covenant in a form approved by the City Attorney. A certified copy of the
recorded document shall be provided to the Zoning Administrator within 60 days
after approval.
e. Prior to starting any site work, the following conditions shall be met:
1. The owner/applicant shall sign an Assent Form and the Official Exhibits.
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Resolution No. 22-034 9
2. All necessary permits must be obtained.
3. A preconstruction meeting shall be held with the appropriate
development, construction and City representatives.
f. Prior to the issuance of a building permit, the following conditions shall be met:
1. Plans shall be reviewed by the City Engineer and Zoning Administrator
to ensure that all proposed utilities, public access points and
construction documents conform to the requirements of the City Code
of Ordinances and City policies.
2. The applicant shall pay park dedication and trail dedication fees.
3. To ensure construction of the landscaping and the cleaning of public
streets during construction, a financial guarantee shall be provided in
the amount of 125% of the cost of the landscaping materials. The
performance guarantee shall be in the form of cash escrow or letter of
credit. The financial guarantee will be refunded upon project
completion, however, a 25% will be retained for one year after
installation to ensure the plants have survived the warranty period.
4. The planned installation of any mechanical equipment shall include
means to ensure it is fully screened from off-site view.
5. The proposed off-site parking facilities and shared parking facilities shall
be protected by an irrevocable covenant in a form approved by the City
Attorney. The applicant shall submit a certified copy of the recorded
document to the Zoning Administrator.
g. The developer shall comply with the following conditions during construction:
1. 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.
2. The applicant shall pay park dedication and trail dedication fees.
3. The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
4. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
5. The City shall be contacted a minimum of 72 hours prior to any work in
a public street. Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
h. Prior to the issuance of any temporary or permanent occupancy permit the
following shall be completed:
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Resolution No. 22-034 10
1. Fire lanes shall be signed and striped in accordance with the signed
Official Exhibits.
2. Landscaping and irrigation shall be in accordance with the signed
Official Exhibits.
3. Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4. All mechanical equipment shall be installed and it shall be
demonstrated that all such equipment is fully screened from off-site
views. To protect the health, safety and welfare of the community, the
painting of mechanical equipment shall not be considered screening.
i. No outside storage is permitted. Incidental outside storage shall be removed
within 48 hours.
323. The Planned Unit Development shall be amended on January 18, 2011 to incorporate all
of the preceding conditions with amendments to conditions relating to Lot 3, Block 1,
THE SHOPS AT WEST END, Hennepin County, Minnesota.
334. The Planned Unit Development shall be amended on August 19, 2013, to incorporate all
of the preceding conditions with an amendment to condition #4 relating to the total
building area of restaurants allowed on the combination of Lot 4, Block 1 and Lot 2,
Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota.
a. Prior to issuance of building permits, the applicant and property owner shall sign
the Official Exhibits.
345. The Planned Unit Development shall be amended on October 7, 2013, to incorporate all
of the preceding conditions and add the following conditions relating Lot 1, Block 1, THE
SHOPS AT WEST END, Hennepin County, Minnesota.
a. The PUD major amendment is approved for the development of a six-story, 158-
unit multiple-family dwelling with structured parking at 5245 Wayzata
Boulevard.
b. PUD modifications are approved to allow:
1. Floor area ratio of 2.5.
2. Housing density of 99 units per acre.
3. Front (north) yard of 14.9 feet.
4. Side (west) yard of 29.2 feet
5. Side (east) yard of 11.3 feet.
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c. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 13-31-PUD, such documents incorporated by
reference herein.
d. The developer shall comply with the conditions outlined in the City Engineering
memorandum dated September 13, 2013.
e. Agreement for public access across “New Street” shall be protected by an
irrevocable covenant in a form approved by the City Attorney.
f. A public sidewalk easement will be required over the proposed sidewalk along
Wayzata Boulevard.
g. Ingress/egress agreements across New Street and the “hammerhead”
maneuvering space between Lot 1 and Lot 3, Block 1, THE SHOPS AT WEST END,
shall be protected by an irrevocable covenant in a form approved by the City
Attorney.
h. The development specifications shall require installation and maintenance of a
high-speed overhead door to reduce the wait time for vehicles entering the
garage.
i. No outside storage is permitted. Incidental outside storage shall be removed
within 48 hours.
j. Prior to starting any site work, the following conditions shall be met:
1. The owner/applicant shall sign an Assent Form and the Official Exhibits.
2. The agreements required by conditions 36e. and 36g. shall be executed.
3. Developer shall enter into a development agreement with the City that
addresses the conditions of approval and performance guarantees for
public and exterior site improvements. The Mayor and City Manager are
authorized to execute said Planning Development Contract.
4. All necessary permits must be obtained.
5. A preconstruction meeting shall be held with the appropriate
development, construction, and City representatives.
k. Prior to the issuance of a building permit, the following conditions shall be met:
1. Plans shall be reviewed by the City Engineer and Zoning Administrator to
ensure that all proposed utilities, public access points and construction
documents conform to the requirements of the City Code of Ordinances
and City policies.
2. Tree replacement fees shall be paid.
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Resolution No. 22-034 12
3. Park dedication and trail dedication fees shall be paid. Fees will be based
on the fee schedule at the time the building permits are issued and will
be pro-rated based on any previous fees paid based on the commercial
use of the property.
4. Developer shall enter into a development agreement with the City that
addressed the conditions of approval and performance guarantees for
public and exterior site improvements.
l. The developer shall comply with the following conditions during construction:
1. 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.
weekdays, and 10 p.m. and 9 a.m. on weekends and holidays.
2. The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
3. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
4. The City shall be contacted a minimum of 72 hours prior to any work in a
public street. Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
5. Pedestrian access along all public streets shall be maintained throughout
the duration of construction in accordance with ADA requirements. This
will include signing, striping, detour signing, and any other measures
needed to assure compliance and general public safety.
m. Prior to the issuance of any permanent occupancy permit, the following shall be
completed:
1. Fire lanes shall be signed and striped as required by the Fire Marshal.
2. Landscaping and irrigation shall be in accordance with the signed Official
Exhibits.
3. Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4. All mechanical equipment shall be installed, and it shall be demonstrated
that all such equipment is fully screened from off-site views.
35. The Planned Unit Development shall be amended on February 22, 2022, to incorporate
all of the preceding conditions with the amendments as shown to sections 1, 4 and 6.
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.
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Resolution No. 22-034 13
Reviewed for administration: Adopted by the City Council February 22, 2022
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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Elliott B.Knetsch
Joel J.Jamnik
Andrea McDowell Poehler
Soren M.Mattick
David S.Kendall
Henry A.Schaeffer,III
Alina Schwartz
Shana N.Conklin
James J.Monge,III
Jerome M.Porter
Leah C.M.Koch
Meagan K.Kelley
Benjamin J.Colburn
Jared D.Shepherd
Thomas J.Campbell
Roger N.Knutson*
Retired
CAMPBELL KNUTSON
PROFESSIONAL♦ASSOCIATION
March 9,2022
Mr.Chase Peterson-Etem
City of St.Louis Park
Office of the City Clerk
5005 Minnetonka Blvd
St.Louis Park,MN 55416
Re:Miscellaneous Recordings
Dear Mr.Peterson-Etem:
Please find enclosed,for the City's files,the following document which was e-
recorded with Hennepin County:
•Resolution No.22-034 recorded March 8,2022 with the office of the Hennepin
County Registrar of Titles as Torrens Document No.T5927572.
This document was e-recorded.Therefore,I have stapled the e-recorded
document to the original document that was provided for recording.
If you have any questions regarding the above,please give me a call.
Thank you.
Very truly yours,
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 55121
Main:651-452-5000
Fax:651-234-6237
www.ck-law.com
Enclosures/smt
CAMPBELL KNUTSON
Professional Association
By Vs/StuartM.TeigenStuartM.Teigen,Legal Assistant
RECEIVED
MAR 0 9 2022
OFFICE OF THE CITY CLERK
111111111111111 I 111111
LAND TYPE Torrens (T)
DOC NUM 5927572
Certified,filed and/or recorded on
Mar 8,2022 10:27 AM
Office of the Registrar of TitlesHennepinCounty,MinnesotaAmberBougie,Registrar of Titles
Mark Chapin,County Auditor and Treasurer
Deputy 9 Pkg ID 2410921 E
Existing Certs
1437050
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
DocuSign Envelope ID:4786D094E-6265-4020-8890-9C81E4EEAE17
AI St.Louis ParkJJIsou
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ST.LOUIS PARK )
The undersigned hereby certifies the following:
Administration Office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
"CITY COUNCIL RESOLUTION"
1)The attached is a full,true and correct copy of the original
Resolution No.22-034 adopted February 22,2022,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.
-·-
[
OocuSign~by:
n!+....3·t,}_L';,1,;'/:...f,(:fd.J-.,,-\.._•<!
2EES37CE5A39
Melissa Kennedy
City Clerk
Date:2/24/2022
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034
Resolution amending and restating Resolution Nos.08-057,08-128,
09-040,09-064,10-093,11-016,13-123,13-151,and 19-011 relating to a final
planned unit development for the West End Redevelopment Project
located at the southwest quadrant of Interstate 394 and Highway 100
The West End Redevelopment Project
Whereas,the City has received an application for a preliminary and final planned unit
development (PUD)at 5235 Wayzata Boulevard legally described as follows,to wit:
Lot 2,Block 1,The Shops at West End,Hennepin County,Minnesota
Whereas,a Final PUD was approved regarding the subject property legally described as
the Shops at West End as Resolution No.08-057 of the St.Louis Park City Council dated April 28,
2008 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.08-128 of the St.Louis Park City Council dated October 6,
2008 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.09-040 of the St.Louis Park City Council dated March 2,
2009 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.09-064 of the St.Louis Park City Council dated May 4,2009
which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.10-093 of the St.Louis Park City Council dated September
7,2010 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 11-016 of the St.Louis Park City Council dated January 18,
2011 which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-123 of the St.Louis Park City Council dated August 19,
2013,which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-151 of the St.Louis Park City Council dated October 7,
2013,which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 19-011 of the St.Louis Park City Council dated January 22,
2019,which contained conditions applicable to said property.
DocuSlgn Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 2
Whereas,it is the intent of this resolution to continue and restate the conditions of the
Final PUD granted by Resolution Nos.08-057,08-128,09-040,09-064,10-093,11-016,13-123,
13-151,and 19-011 to amend and consolidate all conditions applicable to the subject property
in this resolution.
Now therefore be it resolved that Resolution Nos.08-057,08-128,09-040,09-064,10-
093,11-016,13-123,13-151,and 19-011 are hereby restated and amended by this resolution
which continues and amends a Final Planned Unit Development to the subject property at the
location described above based on the following conditions:
1.The uses on the subject property are limited to retail,service,restaurants,hotel,
theater,indoor motor vehicle display when occurring in a commercial storefront only,
medical and dental office,and office.The following uses are not allowed:in-vehicle
sales and service (drive-through);motor fuel stations;motor vehicle sales,service and
repair;car washes;currency exchanges;check cashing;pay loan agencies;pawnshops;
sexually-oriented businesses,tattoo shops;gun shops (not excluding a sporting goods
store that sells,as part of its sporting goods inventory,guns and ammunition).
2.The final site plan and facade design of the large retail building on Lot 4,Block 1,THE
SHOPS AT WEST END (proposed grocery store)shall require a PUD Minor Amendment
with review by the Planning Commission.
3.The hotel site plans for Lot 3,Block 1,THE SHOPS AT WEST END shall require a PUD
Major Amendment if any variances are requested.If the plan does not require a
variance,the application may be processed as a PUD Minor Amendment and include
review and recommendation of the Planning Commission.
4.The total gross floor area of restaurants shall be restricted to the limitations established
by the yest End parking study as amended from time-to-time limited to 90,820 square
feet on the combination of Lot 4,Block 1 and Lot 2,Block 2,THE SHOPS AT WEST END,
Hennepin County,Minnesota.Amendments to the West End parking study may be
processed administratively,however,at the discretion of the Zoning Administrator,
amendments may be processed as a minor or major amendment.
5.The total number of seats in the movie theater shall be limited to 2,700 seats.
Tenants in Building 22 shall be limited to Mercantile {Group-MN}uses as defined in the
2QG7 Minnesota State Building Code.
§:7.The portion of the five-level retail parking structure (Building 35)that is within 20 feet of
theGambleDriveright-of-wayshallhaveaminimumof60%Class-lexteriormaterials.
The Developer shall amend the Official Exhibits to comply with this requirement.
78.The Community Development Director and Zoning Administrator or their designee(s)
may approve individual tenant/building facade designs administratively or refer
proposals to the Planning Commission and City Council for consideration,as City staff
deems necessary.
DocuSlgn Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 3
89.The sign plan is subject to Community Development Director and Zoning Administrator
review and approval.Sign permits are required.
910.Access to the truck courts on the west retail block from Park Place Boulevard shall be
limited to between 8 p.m.and 10 a.m.
1Q1,.The access will be controlled from Park Place Boulevard to the truck courts on the west
retail block using a mechanical bollard system and directional signs in the Park Place
Boulevard right-of-way.The Developer shall enter into a Planning Development
Contract with the City of St.Louis Park that addresses this private use of public land.
112.The Developer shall maintain horizontal separation from landscaping (i.e.boulevard
trees)of at least three feet from shallow underground utilities (i.e.fiber optic cable,
private utilities,etc.),and eight feet horizontal separation from deeper underground
utilities (i.e.water,sanitary sewer,etc.).
123.Tree plantings and street furnishings shall be located in a manner that maintains at least
six feet wide clearance space in all boulevard/sidewalk areas for snow removal.
134.The Developer shall amend the Official Exhibits (The Shops at West End Design
Guidelines)to incorporate the following:
a.At pedestrian level,facades on Building 12,22,23,24,31,32 and 33 shall
be primarily transparent:
1.At least 60%of facades between 3 feet and 7 feet above the first
floor elevation shall consist of pedestrian entrances,display windows
or windows affording views into retail,offices,gallery or lobby space.
The West End Tenant Design Guidelines shall illustrate the portions of the
above referenced buildings subject to this requirement.
2.Visibility into the space shall be maintained for a minimum of three feet,
but display of merchandise in this space is allowed.Display windows may
be used to meet the transparency requirement.
b.At pedestrian level (between 3 feet and 7 feet above the first-floor elevation),
building facades facing public streets,West End Boulevard,or the pedestrian
arcade shall have no more than 10%of the total window area be glass block,
mirrored,spandrel,frosted or other opaque glass.
c.No more than 10%of the total window area of any building facade shall have
signs applied to the inside or outside surface of the window.The remaining 90%
of window and door area shall be clear or slightly tinted glass that allows views
into and out of the building.
d.Tenants in Buildings 12,22,24,31,and 33 that are located adjacent to public
and/or private street intersections shall locate entrances at or near the
adjacent building corner.
DocuSign Envelope ID:4786D094E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 4
e.Awnings and canopies shall be made of heavy canvas,fabric,metal and/or glass.
Plastic and vinyl awnings are prohibited.Backlit awnings and canopies are
prohibited.
145.A business may use the sidewalk within five feet of its building wall for the following
purposes,provided the business maintains a clear walkway that is at least eight feet
wide along Park Place Boulevard and at least six feet wide along other streets,and
provided the uses do not occur in the public right-of-way unless the City approves an
encroachment agreement in accordance with the City's Temporary Private Use of Public
Land Policy:
a.Display of merchandise,not to exceed 100 square feet per business;
b.Benches,planters,ornaments,art;
c.Signs permitted in the zoning ordinance;and
d.Outdoor dining.Outdoor dining areas may extend farther than five-feet from
the building wall,provided tables and chairs or other structures maintain the
required horizontal clearance for a walkway between the dining area and other
obstructions,such as trees,poles,and curbs.
156.The Developer shall provide easements and $285,000 for public art to help satisfy the
alternative landscaping requirements.The City and the Developer will develop a public
process to select the artists,artworks and locations.
16.The Developer shall amend Official Exhibits (utility plans)to provide separate domestic
and fire water service lines to the buildings.
178.The developer shall work with the Police Department on the design and construction of
the police substation area in Building 31.In particular,the plan shall provide windows
and doorway on the northeast building elevation along the alley.
189.The developer shall redesign the public restroom entrances in the Building 31 atrium to
have open entrances (no exterior doors to the atrium),similar to typical stadium/movie
theater restroom entrances,as requested by the Police Department.
1920.At City of St.Louis Park's sole discretion,and upon conferring with the property owner,
the property owner shall change the designation of West End Boulevard on-street
parking stalls from short-term customer parking to "pick-up/drop-off only"(or similar
restriction).
201.The applicant shall be responsible to obtain all permits from the City and other agencies.
212.The property owner(s)shall be responsible for obtaining a City license for all parking
structures.
223.Tenants shall be responsible for obtaining all City licenses (i.e.grocery store,hotel,etc.).
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 5
234.The property owner shall prepare and effectuate traffic management plans that reduce
traffic congestion.The property owner submitted a plan for review and approval of the
by the St.Louis Park and Golden Valley 1-394 Joint Task Force.The property owner shall
implement The Traffic Management Plan (TMP)approved by the Travel Demand
Management Joint Task Force prior to City issuance of a certificate of occupancy.
2A5.The City and Developer shall set up a monitoring program to determine actual sanitary
sewer flows.Following each phase of the development,sewer flows will be analyzed to
determine if sewer flows exceed Metropolitan Council limits described in the
Metropolitan Council's letter to the City of St.Louis Park dated December 14,2006.If
sanitary sewer flows exceed said limits,the Developer shall submit a final design of a
privately owned,privately maintained,temporary sanitary sewer peak flow detention
facilities for Metropolitan Council Environmental Services (MCES)and City of St.Louis
Park approval.The Developer shall construct the said approved system and put it into
operation in the timeframe designated by MCES and City of St.Louis Park,and prior to
City issuance of building permits for additional phases.
256.The Developer shall abide by the City's water use restrictions and follow State of
Minnesota requirements for low-flow structures.After each phase of the
redevelopment,water usage shall be monitored.If monitoring shows use exceeds 90%
of peak capacity,the Developer shall cooperate with the City to identify citywide and
project-specific measures to increase water treatment capacity and reduce consumption
prior to City issuance of building permits.
267.The north office tower and operations center at 1551 Utica Avenue (Lot 1,Block 2,THE
SHOPS AT WEST END)shall be developed,used and maintained in accordance with the
Official Exhibits from Zoning Application 86-14-SP and 07-61-PUD.If there is any conflict
between the Official Exhibits,07-61-PUD shall supersede.The following 86-14-SP Official
Exhibits are incorporated by reference herein:Exhibit A -Site Plan and Lighting Plan;
Exhibit B -Grading Plan;Exhibit C --Utilities Plan;Exhibit D -Landscape Plan;Exhibit E-
Building Elevations;Exhibit F -Basement Floor Level Plan;Exhibit G-Ground Floor Plan;
Exhibit H-Second Floor Plan;and Exhibit I-Typical Floor Plan,as modified by City
Development on March 13,1986.(The floor plans are included to show general use and
configurations only.)
278.The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot
1,Block 2,THE SHOPS AT WEST END):
a.The site shall be developed,used and maintained in accordance with the
Official Exhibits from Zoning Application 98-42-PUD and 07-61-PUD.If there is
any conflict between the Official Exhibits,07-61-PUD shall supersede.The
following 98-42-PUD Official Exhibits are incorporated by reference herein:
Exhibit A-Site Plan,Exhibit B -Landscape Plan,Exhibit C-Existing Survey,
Exhibit D --Grading,Drainage and Erosion Control Plan,Exhibit E -Utility Plan,
Exhibit F -East Elevations,Exhibit G-North Elevation,Exhibit H --South
Elevation,Exhibit I-West Elevations,Exhibit J-West Elevation -Parking Ramp,
and Exhibit K-Parking Ramp elevation (south).
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 6
b.Parking ramp layouts and site plan shall provide designation of at least 20 bicycle
racks and at least 20 carpool spaces in convenient locations.
c.A covenant shall be recorded on the property which specifies that a minimum of
4,000 square feet of the atrium shall remain in perpetuity as indoor open space
and available for general "public"use.Said interior atrium space shall be
designed in an aesthetically pleasing and usable way,with landscaping,benches,
and the like.A detailed atrium plan shall be submitted and approved by the
Community Development Director and the Zoning Administrator.
d.The following modifications to ordinance requirements are re-authorized:
1.The floor area ratio for the PUD can be 1.57.
2.The setbacks on Gamble Drive for the parking ramp can be 17 feet.
3.Reduced office building setback along Gamble Drive of 96 feet.
289.Prior to issuance of building permits,the following conditions shall be met:
a.A Planning Development Contract shall be executed between the Developer and
City that addresses,at a minimum:
1.Conditions of PUD approval as applicable or appropriate;
2.Public use of gathering spaces in the development;
3.Private use of public land
4.Maintenance agreement and/or special service district;
5.Surety in the form of an irrevocable letter of credit for Redeveloper
Public Improvements and landscaping;and
6.Administrative approval of modifications to the PUD plans.
The Mayor and City Manager are authorized to execute said Planning
Development Contract.
b.The Developer shall provide a surety to the City of St.Louis Park in the form of
an irrevocable letter of credit for 1.10 times the estimated Redeveloper
Public Improvements costs (as defined in the Redevelopment Agreement),and
1.25 times the estimated landscaping costs.
c.The property owner shall pay the applicable Traffic Management Administrative
Fee.
1.The portion of the shopping center subject to this fee is on Lot 2,Block 2,
THE SHOPS AT WEST END.The total fee of $34,633 shall be paid to the
City of St.Louis Park prior to City issuance of building permits.
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 7
2.Subsequent phases of the PUD {future hotel and office towers)shall pay
fifty percent of the fee upon submission of a Final PUD Amendment
application,and the remaining fifty percent of the fee upon submission of
a building permit application,for each respective development phase.
2930.The Planned Unit Development shall be amended on October 6,2008 to incorporate all
of the preceding conditions and add the following conditions relating to Lot 4,Block 1,
THE SHOPS AT WEST END,Hennepin County,Minnesota:
a.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Application 08-32-PUD,including Exhibits C4B-Site Layout
Plan North,CSA-Utility Plan,C10B-Landscape Street Plan,A11101-Building 11
Overall Plan,A11111-Building 11 level 1 Area 1,A111112-Building 11 Level 1
Area 2,A11401-Building 11 Exterior Elevations,such documents incorporated by
reference herein.
b.Overnight cart storage shall be inside the building.
c.The Developer shall continue to work with City staff through a public process to
select public art and the complete plaza design.
d.The Developer shall submit a site plan and programming plan for the plaza area
to the City for review and approval by the Zoning Administrator.
e.The building proposal includes graphic art panels in order to enhance the
appearance of the building and pedestrian environment.The Developer shall
submit plans for the graphics on the backlit translucent wall-mounted panels for
review and approval by the Zoning Administrator.The panels and/or graphics
shall be changed from time to time and at least biennially.The panel may
include any mosaic,mural,painting or graphic art or combination thereof which
is professionally applied to the panel that does not contain any brand name,
product name,letters of the alphabet spelling or abbreviating the name of any
product,company,profession or business,or any logo,trademark,trade name,
or other commercial message (defined as supergraphics in the City Sign Code
and exempt from the Sign Code provisions).The Developer shall allow use of the
panels for public art.Proposed public art shall be subject to review and approval
by the Developer and building tenant(s).
f.Assent Form and Official Exhibits must be signed by the applicant (or applicant
and owner if applicant is different from owner)prior to issuance of a building
permit.
g.The sign plan is subject to Community Development Director and Zoning
Administrator review and approval.Sign permits are required.
h.Approval of Building Permits,which may impose additional requirements.
i.A Planning Development Contract between the Developer and City shall be
amended to address,at a minimum:
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 8
1.Amended conditions of PUD approval as applicable or appropriate;
2.Public use of the plaza gathering space;
3.Temporary uses of the plaza;and
4.Administrative approval of modifications to the PUD plans.
3Q±.The Planned Unit Development shall be amended on May 4,2009 to incorporate all of
the preceding conditions and add the following conditions relating to Lot 4,Block 1 and
Lot 2,Block 2,THE SHOPS AT WEST END,Hennepin County,Minnesota:
a.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Application 09-07-VAR and 09-08-PUD relating to the Shops
at West End Sign Plan,such documents incorporated by reference herein.
312.The Planned Unit Development shall be amended on September 7,2010 to incorporate
all of the preceding conditions and add the following conditions relating to Lot 3,Block
1,THE SHOPS AT WEST END,Hennepin County,Minnesota:
a.The PUD major amendment is approved for the development of a six-story,120-
unit apartment building with structured parking to be developed at 5310 16"
Street W,with five off-site parking stalls and 3,136 square feet of the designed
outdoor recreation area provided off-site.
b.The following PUD modifications,in addition to modifications previously
authorized for the overall Shops at West End PUD:
1.Floor area ratio of 3.24.
2.Housing density of 112.6 units per acre.
c.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Applications 10-23-PUD and 10-25-VAR relating to a
shadow variance,including Exhibits A100 Site Plan (revised 01/10/2011),AB101
Lower Level Garage Plan {revised 01/10/2011),A101 First Floor Plan (revised
01/10/2011),A102 Second Floor Plan (revised 01/10/2011),A103 Floors 3-6
Typical Floor Plan (revised 01/10/2011),A400 Exterior Elevations (revised
01/10/2011),A401 Exterior Elevations (revised 01/10/2011),L100 Landscape
Plan (revised 01/10/2011),such documents incorporated by reference herein.
d.The five {5)proposed off-site parking stalls shall be protected by an irrevocable
covenant in a form approved by the City Attorney.A certified copy of the
recorded document shall be provided to the Zoning Administrator within 60 days
after approval.
e.Prior to starting any site work,the following conditions shall be met:
1.The owner/applicant shall sign an Assent Form and the Official Exhibits.
DocuSign Envelope ID:4786D094E-6265-4020-8890-9C81EA4EEAE17
Resolution No.22-034 9
2.All necessary permits must be obtained.
3.A preconstruction meeting shall be held with the appropriate
development,construction and City representatives.
f.Prior to the issuance of a building permit,the following conditions shall be met:
1.Plans shall be reviewed by the City Engineer and Zoning Administrator
to ensure that all proposed utilities,public access points and
construction documents conform to the requirements of the City Code
of Ordinances and City policies.
2.The applicant shall pay park dedication and trail dedication fees.
3.To ensure construction of the landscaping and the cleaning of public
streets during construction,a financial guarantee shall be provided in
the amount of 125%0f the cost of the landscaping materials.The
performance guarantee shall be in the form of cash escrow or letter of
credit.The financial guarantee will be refunded upon project
completion,however,a 25%will be retained for one year after
installation to ensure the plants have survived the warranty period.
4.The planned installation of any mechanical equipment shall include
means to ensure it is fully screened from off-site view.
5.The proposed off-site parking facilities and shared parking facilities shall
be protected by an irrevocable covenant in a form approved by the City
Attorney.The applicant shall submit a certified copy of the recorded
document to the Zoning Administrator.
•The developer shall comply with the following conditions during construction:
1.Al!City noise ordinances shall be complied with,including that there be
no construction activity between the hours of 10 p.m.and 7a.m.
2.The applicant shall pay park dedication and trail dedication fees.
3.The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
4.Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
5.The City shall be contacted a minimum of 72 hours prior to any work in
a public street.Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
h.Prior to the issuance of any temporary or permanent occupancy permit the
following shall be completed:
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 10
1.Fire lanes shall be signed and striped in accordance with the signed
Official Exhibits.
2.Landscaping and irrigation shall be in accordance with the signed
Official Exhibits.
3.Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4.All mechanical equipment shall be installed and it shall be
demonstrated that all such equipment is fully screened from off-site
views.To protect the health,safety and welfare of the community,the
painting of mechanical equipment shall not be considered screening.
i.No outside storage is permitted.Incidental outside storage shall be removed
within 48 hours.
323.The Planned Unit Development shall be amended on January 18,2011 to incorporate all
of the preceding conditions with amendments to conditions relating to Lot 3,Block 1,
THE SHOPS AT WEST END,Hennepin County,Minnesota.
334.The Planned Unit Development shall be amended on August 19,2013,to incorporate all
of the preceding conditions with an amendment to condition #4 relating to the total
building area of restaurants allowed on the combination of Lot 4,Block 1 and Lot 2,
Block 2,THE SHOPS AT WEST END,Hennepin County,Minnesota.
a.Prior to issuance of building permits,the applicant and property owner shall sign
the Official Exhibits.
345.The Planned Unit Development shall be amended on October 7,2013,to incorporate all
of the preceding conditions and add the following conditions relating Lot 1,Block 1,THE
SHOPS AT WEST END,Hennepin County,Minnesota.
a.The PUD major amendment is approved for the development of a six-story,158-
unit multiple-family dwelling with structured parking at 5245 Wayzata
Boulevard.
b.PUD modifications are approved to allow:
1.Floor area ratio of 2.5.
2.Housing density of 99 units per acre.
3.Front (north)yard of 14.9 feet.
4.Side (west)yard of 29.2 feet
5.Side (east)yard of 11.3 feet.
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Resolution No.22-034 11
c.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Application 13-31-PUD,such documents incorporated by
reference herein.
d.The developer shall comply with the conditions outlined in the City Engineering
memorandum dated September 13,2013.
e.Agreement for public access across "New Street"shall be protected by an
irrevocable covenant in a form approved by the City Attorney.
f.A public sidewalk easement will be required over the proposed sidewalk along
Wayzata Boulevard.
g.Ingress/egress agreements across New Street and the "hammerhead"
maneuvering space between lot 1 and Lot 3,Block 1,THE SHOPS AT WEST END,
shall be protected by an irrevocable covenant in a form approved by the City
Attorney.
h.The development specifications shall require installation and maintenance of a
high-speed overhead door to reduce the wait time for vehicles entering the
garage.
i.No outside storage is permitted.Incidental outside storage shall be removed
within 48 hours.
j.Prior to starting any site work,the following conditions shall be met:
1.The owner/applicant shall sign an Assent Form and the Official Exhibits.
2.The agreements required by conditions 36e.and 36g.shall be executed.
3.Developer shall enter into a development agreement with the City that
addresses the conditions of approval and performance guarantees for
public and exterior site improvements.The Mayor and City Manager are
authorized to execute said Planning Development Contract.
4.All necessary permits must be obtained.
5.A preconstruction meeting shall be held with the appropriate
development,construction,and City representatives.
k.Prior to the issuance of a building permit,the following conditions shall be met:
1.Plans shall be reviewed by the City Engineer and Zoning Administrator to
ensure that all proposed utilities,public access points and construction
documents conform to the requirements of the City Code of Ordinances
and City policies.
2.Tree replacement fees shall be paid.
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 12
35.
3.Park dedication and trail dedication fees shall be paid.Fees will be based
on the fee schedule at the time the building permits are issued and will
be pro-rated based on any previous fees paid based on the commercial
use of the property.
4.Developer shall enter into a development agreement with the City that
addressed the conditions of approval and performance guarantees for
public and exterior site improvements.
I.The developer shall comply with the following conditions during construction:
1.AII 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.
weekdays,and 10 p.m.and 9 a.m.on weekends and holidays.
2.The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
3.Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
4.The City shall be contacted a minimum of 72 hours prior to any work in a
public street.Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
5.Pedestrian access along all public streets shall be maintained throughout
the duration of construction in accordance with ADA requirements.This
will include signing,striping,detour signing,and any other measures
needed to assure compliance and general public safety.
m.Prior to the issuance of any permanent occupancy permit,the following shall be
completed:
1.Fire lanes shall be signed and striped as required by the Fire Marshal.
2.Landscaping and irrigation shall be in accordance with the signed Official
Exhibits.
3.Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4.All mechanical equipment shall be installed,and it shall be demonstrated
that all such equipment is fully screened from off-site views.
The Planned Unit Development shall be amended on February 22,2022,_to incorporate
all of the preceding conditions with the amendments as shown to sections 1,4 and 6.
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.
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034
Reviewed for administration:
Kim Keller,city manager
Attest:
Melissa Kennedy,city clerk
13
Adopted by the City Council February 22,2022r"9 5e=
€+65990pc234F6...Jake Spano,mayor
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
If St.Louis Parklrs+son»
prince LIFE in the [rt
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ST.LOUIS PARK )
The undersigned hereby certifies the following:
Administration Office
SOOS Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
"CITY COUNCIL RESOLUTION"
1)The attached is a full,true and correct copy of the original
Resolution No.22-034 adopted February 22,2022,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.
zGT.O}O•""1tttUttt1,~A"»,+"",7''·,'0O;CORPORATE ·,7..t «
t.,SEAL ;3.,.s%,««w"""Pn CO>
r-:;DocuSigned by:-Melissa Kennedy
City Clerk
Date:2/24/2022
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034
Resolution amending and restating Resolution Nos.08-057,08-128,
09-040,09-064,10-093,11-016,13-123,13-151,and 19-011 relating to a final
planned unit development for the West End Redevelopment Project
located at the southwest quadrant of Interstate 394 and Highway 100
The West End Redevelopment Project
Whereas,the City has received an application for a preliminary and final planned unit
development (PUD)at 5235 Wayzata Boulevard legally described as follows,to wit:
Lot 2,Block 1,The Shops at West End,Hennepin County,Minnesota
Whereas,a Final PUD was approved regarding the subject property legally described as
the Shops at West End as Resolution No.08-057 of the St.Louis Park City Council dated April 28,
2008 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.08-128 of the St.Louis Park City Council dated October 6,
2008 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.09-040 of the St.Louis Park City Council dated March 2,
2009 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.09-064 of the St.Louis Park City Council dated May 4,2009
which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No.10-093 of the St.Louis Park City Council dated September
7,2010 which contained conditions applicable to said property.
Whereas,a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 11-016 of the St.Louis Park City Council dated January 18,
2011 which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-123 of the St.Louis Park City Council dated August 19,
2013,which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-151 of the St.Louis Park City Council dated October 7,
2013,which contained conditions applicable to said property.
Whereas,a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 19-011 of the St.Louis Park City Council dated January 22,
2019,which contained conditions applicable to said property.
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81 E4EEAE17
Resolution No.22-034 2
Whereas,it is the intent of this resolution to continue and restate the conditions of the
Final PUD granted by Resolution Nos.08-057,08-128,09-040,09-064,10-093,11-016,13-123,
13-151,and 19-011 to amend and consolidate all conditions applicable to the subject property
in this resolution.
Now therefore be it resolved that Resolution Nos.08-057,08-128,09-040,09-064,10-
093,11-016,13-123,13-151,and 19-011 are hereby restated and amended by this resolution
which continues and amends a Final Planned Unit Development to the subject property at the
location described above based on the following conditions:
1.The uses on the subject property are limited to retail,service,restaurants,hotel,
theater,indoor motor vehicle display when occurring in a commercial storefront only,
medical and dental office,and office.The following uses are not allowed:in-vehicle
sales and service (drive-through);motor fuel stations;motor vehicle sales,service and
repair;car washes;currency exchanges;check cashing;pay loan agencies;pawnshops;
sexually-oriented businesses,tattoo shops;gun shops (not excluding a sporting goods
store that sells,as part of its sporting goods inventory,guns and ammunition).
2.The final site plan and facade design of the large retail building on Lot 4,Block 1,THE
SHOPS AT WEST END (proposed grocery store)shall require a PUD Minor Amendment
with review by the Planning Commission.
3.The hotel site plans for Lot 3,Block 1,THE SHOPS AT WEST END shall require a PUD
Major Amendment if any variances are requested.If the plan does not require a
variance,the application may be processed as a PUD Minor Amendment and include
review and recommendation of the Planning Commission.
4.The total gross floor area of restaurants shall be restricted to the limitations established
bythe west End parking study as amended from_time-to-time limited toe 90,820 square
feet on the combination of Lot 4,Block 1 and Lot 2,Block 2,THE SHOPS AT WEST END,
Hennepin County,Minnesota.Amendments to the West End parking study may be
processed administratively,however,at the discretion of the Zoning Administrator,
amendments may be processed as a minor or major amendment.
5.
6.
67.
78.
The total number of seats in the movie theater shall be limited to 2,700 seats.
Tenants in Building 32 shall be limited to Mercantile (Group M)uses as defined in the
2007 Minnesota State Building Code.
The portion of the five-level retail parking structure (Building 35)that is within 20 feet of
the Gamble Drive right-of-way shall have a minimum of 60%Class l exterior materials.
The Developer shall amend the Official Exhibits to comply with this requirement.
The Community Development Director and Zoning Administrator or their designee(s)
may approve individual tenant/building facade designs administratively or refer
proposals to the Planning Commission and City Council for consideration,as City staff
deems necessary.
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Resolution No.22-034 3
89.The sign plan is subject to Community Development Director and Zoning Administrator
review and approval.Sign permits are required.
910.Access to the truck courts on the west retail block from Park Place Boulevard shall be
limited to between 8 p.m.and 10 a.m.
lQ-1.The access will be controlled from Park Place Boulevard to the truck courts on the west
retail block using a mechanical bollard system and directional signs in the Park Place
Boulevard right-of-way.The Developer shall enter into a Planning Development
Contract with the City of St.Louis Park that addresses this private use of public land.
112.The Developer shall maintain horizontal separation from landscaping (i.e.boulevard
trees)of at least three feet from shallow underground utilities (i.e.fiber optic cable,
private utilities,etc.),and eight feet horizontal separation from deeper underground
utilities (i.e.water,sanitary sewer,etc.).
123.Tree plantings and street furnishings shall be located in a manner that maintains at least
six feet wide clearance space in all boulevard/sidewalk areas for snow removal.
134.The Developer shall amend the Official Exhibits (The Shops at West End Design
Guidelines)to incorporate the following:
a.At pedestrian level,facades on Buildings 12,22,23,24,31,32 and 33 shall
be primarily transparent:
1.At least 60%of facades between 3 feet and 7 feet above the first
floor elevation shall consist of pedestrian entrances,display windows
or windows affording views into retail,offices,gallery or lobby space.
The West End Tenant Design Guidelines shall illustrate the portions of the
above referenced buildings subject to this requirement.
2.Visibility into the space shall be maintained for a minimum of three feet,
but display of merchandise in this space is allowed.Display windows may
be used to meet the transparency requirement.
b.At pedestrian level (between 3 feet and 7 feet above the first-floor elevation),
building facades facing public streets,West End Boulevard,or the pedestrian
arcade shall have no more than 10%of the total window area be glass block,
mirrored,spandrel,frosted or other opaque glass.
c.No more than 10%of the total window area of any building facade shall have
signs applied to the inside or outside surface of the window.The remaining 90%
of window and door area shall be clear or slightly tinted glass that allows views
into and out of the building.
d.Tenants in Buildings 12,22,24,31,and 33 that are located adjacent to public
and/or private street intersections shall locate entrances at or near the
adjacent building corner.
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 4
e.Awnings and canopies shall be made of heavy canvas,fabric,metal and/or glass.
Plastic and vinyl awnings are prohibited.Backlit awnings and canopies are
prohibited.
145.A business may use the sidewalk within five feet of its building wall for the following
purposes,provided the business maintains a clear walkway that is at least eight feet
wide along Park Place Boulevard and at least six feet wide along other streets,and
provided the uses do not occur in the public right-of-way unless the City approves an
encroachment agreement in accordance with the City's Temporary Private Use of Public
Land Policy:
a.Display of merchandise,not to exceed 100 square feet per business;
b.Benches,planters,ornaments,art;
c.Signs permitted in the zoning ordinance;and
d.Outdoor dining.Outdoor dining areas may extend farther than five-feet from
the building wall,provided tables and chairs or other structures maintain the
required horizontal clearance for a walkway between the dining area and other
obstructions,such as trees,poles,and curbs.
156.The Developer shall provide easements and $285,000 for public art to help satisfy the
alternative landscaping requirements.The City and the Developer will develop a public
process to select the artists,artworks and locations.
167.The Developer shall amend Official Exhibits (utility plans)to provide separate domestic
and fire water service lines to the buildings.
178.The developer shall work with the Police Department on the design and construction of
the police substation area in Building 31.In particular,the plan shall provide windows
and doorway on the northeast building elevation along the alley.
189.The developer shall redesign the public restroom entrances in the Building 31 atrium to
have open entrances (no exterior doors to the atrium),similar to typical stadium/movie
theater restroom entrances,as requested by the Police Department.
1920.At City of St.Louis Park's sole discretion,and upon conferring with the property owner,
the property owner shall change the designation of West End Boulevard on-street
parking stalls from short-term customer parking to "pick-up/drop-off only"(or similar
restriction).
2O1.The applicant shall be responsible to obtain all permits from the City and other agencies.
212.The property owner(s)shall be responsible for obtaining a City license for all parking
structures.
223.Tenants shall be responsible for obtaining all City licenses (i.e.grocery store,hotel,etc.).
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Resolution No.22-034 5
234.The property owner shall prepare and effectuate traffic management plans that reduce
traffic congestion.The property owner submitted a plan for review and approval of the
by the St.Louis Park and Golden Valley 1-394 Joint Task Force.The property owner shall
implement The Traffic Management Plan (TMP)approved by the Travel Demand
Management Joint Task Force prior to City issuance of a certificate of occupancy.
245.The City and Developer shall set up a monitoring program to determine actual sanitary
sewer flows.Following each phase of the development,sewer flows will be analyzed to
determine if sewer flows exceed Metropolitan Council limits described in the
Metropolitan Council's letter to the City of St.Louis Park dated December 14,2006.If
sanitary sewer flows exceed said limits,the Developer shall submit a final design of a
privately owned,privately maintained,temporary sanitary sewer peak flow detention
facilities for Metropolitan Council Environmental Services (MCES)and City of St.Louis
Park approval.The Developer shall construct the said approved system and put it into
operation in the timeframe designated by MCES and City of St.Louis Park,and prior to
City issuance of building permits for additional phases.
256.The Developer shall abide by the City's water use restrictions and follow State of
Minnesota requirements for low-flow structures.After each phase of the
redevelopment,water usage shall be monitored.If monitoring shows use exceeds 90%
of peak capacity,the Developer shall cooperate with the City to identify citywide and
project-specific measures to increase water treatment capacity and reduce consumption
prior to City issuance of building permits.
267.The north office tower and operations center at 1551 Utica Avenue (Lot 1,Block 2,THE
SHOPS AT WEST END)shall be developed,used and maintained in accordance with the
Official Exhibits from Zoning Application 86-14-SP and 07-61-PUD.If there is any conflict
between the Official Exhibits,07-61-PUD shall supersede.The following 86-14-SP Official
Exhibits are incorporated by reference herein:Exhibit A-Site Plan and Lighting Plan;
Exhibit B -Grading Plan;Exhibit C-Utilities Plan;Exhibit D -Landscape Plan;Exhibit E -
Building Elevations;Exhibit F -Basement Floor Level Plan;Exhibit G-Ground Floor Plan;
Exhibit H-Second Floor Plan;and Exhibit I-Typical Floor Plan,as modified by City
Development on March 13,1986.(The floor plans are included to show general use and
configurations only.)
278.The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot
1,Block 2,THE SHOPS AT WEST END):
a.The site shall be developed,used and maintained in accordance with the
Official Exhibits from Zoning Application 98-42-PUD and 07-61-PUD.If there is
any conflict between the Official Exhibits,07-61-PUD shall supersede.The
following 98-42-PUD Official Exhibits are incorporated by reference herein:
Exhibit A -Site Plan,Exhibit B -Landscape Plan,Exhibit C -Existing Survey,
Exhibit D -Grading,Drainage and Erosion Control Plan,Exhibit E -Utility Plan,
Exhibit F -East Elevations,Exhibit G-North Elevation,Exhibit H-South
Elevation,Exhibit I-West Elevations,Exhibit J -West Elevation -Parking Ramp,
and Exhibit K-Parking Ramp elevation (south).
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Resolution No.22-034 6
b.Parking ramp layouts and site plan shall provide designation of at least 20 bicycle
racks and at least 20 carpool spaces in convenient locations.
c.A covenant shall be recorded on the property which specifies that a minimum of
4,000 square feet of the atrium shall remain in perpetuity as indoor open space
and available for general "public"use.Said interior atrium space shall be
designed in an aesthetically pleasing and usable way,with landscaping,benches,
and the like.A detailed atrium plan shall be submitted and approved by the
Community Development Director and the Zoning Administrator.
d.The following modifications to ordinance requirements are re-authorized:
1.The floor area ratio for the PUD can be 1.57.
2.The setbacks on Gamble Drive for the parking ramp can be 17 feet.
3.Reduced office building setback along Gamble Drive of 96 feet.
289.Prior to issuance of building permits,the following conditions shall be met:
a.A Planning Development Contract shall be executed between the Developer and
City that addresses,at a minimum:
1.Conditions of PUD approval as applicable or appropriate;
2.Public use of gathering spaces in the development;
3.Private use of public land
4.Maintenance agreement and/or special service district;
5.Surety in the form of an irrevocable letter of credit for Redeveloper
Public Improvements and landscaping;and
6.Administrative approval of modifications to the PUD plans.
The Mayor and City Manager are authorized to execute said Planning
Development Contract.
b.The Developer shall provide a surety to the City of St.Louis Park in the form of
an irrevocable letter of credit for 1.10 times the estimated Redeveloper
Public Improvements costs (as defined in the Redevelopment Agreement),and
1.25 times the estimated landscaping costs.
c.The property owner shall pay the applicable Traffic Management Administrative
Fee.
1.The portion of the shopping center subject to this fee is on Lot 2,Block 2,
THE SHOPS AT WEST END.The total fee of $34,633 shall be paid to the
City of St.Louis Park prior to City issuance of building permits.
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Resolution No.22-034 7
2.Subsequent phases of the PUD (future hotel and office towers)shall pay
fifty percent of the fee upon submission of a Final PUD Amendment
application,and the remaining fifty percent of the fee upon submission of
a building permit application,for each respective development phase.
2930.The Planned Unit Development shall be amended on October 6,2008 to incorporate all
of the preceding conditions and add the following conditions relating to Lot 4,Block 1,
THE SHOPS AT WEST END,Hennepin County,Minnesota:
a.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Application 08-32-PUD,including Exhibits C4B-Site Layout
Plan North,CSA-Utility Plan,C10B-Landscape Street Plan,A11101-Building 11
Overall Plan,A11111-Building 11 Level 1 Area 1,A111112-Building 11 Level 1
Area 2,A11401-Building 11 Exterior Elevations,such documents incorporated by
reference herein.
b.Overnight cart storage shall be inside the building.
c.The Developer shall continue to work with City staff through a public process to
select public art and the complete plaza design.
d.The Developer shall submit a site plan and programming plan for the plaza area
to the City for review and approval by the Zoning Administrator.
e.The building proposal includes graphic art panels in order to enhance the
appearance of the building and pedestrian environment.The Developer shall
submit plans for the graphics on the backlit translucent wall-mounted panels for
review and approval by the Zoning Administrator.The panels and/or graphics
shall be changed from time to time and at least biennially.The panel may
include any mosaic,mural,painting or graphic art or combination thereof which
is professionally applied to the panel that does not contain any brand name,
product name,letters of the alphabet spelling or abbreviating the name of any
product,company,profession or business,or any logo,trademark,trade name,
or other commercial message (defined as supergraphics in the City Sign Code
and exempt from the Sign Code provisions).The Developer shall allow use of the
panels for public art.Proposed public art shall be subject to review and approval
by the Developer and building tenant(s).
f.Assent Form and Official Exhibits must be signed by the applicant (or applicant
and owner if applicant is different from owner)prior to issuance of a building
permit.
g.The sign plan is subject to Community Development Director and Zoning
Administrator review and approval.Sign permits are required.
h.Approval of Building Permits,which may impose additional requirements.
i.A Planning Development Contract between the Developer and City shall be
amended to address,at a minimum:
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034 8
1.Amended conditions of PUD approval as applicable or appropriate;
2.Public use of the plaza gathering space;
3.Temporary uses of the plaza;and
4.Administrative approval of modifications to the PUD plans.
3O1.The Planned Unit Development shall be amended on May 4,2009 to incorporate all of
the preceding conditions and add the following conditions relating to Lot 4,Block 1 and
Lot 2,Block 2,THE SHOPS AT WEST END,Hennepin County,Minnesota:
a.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Application 09-07-VAR and 09-08-PUD relating to the Shops
at West End Sign Plan,such documents incorporated by reference herein.
312.The Planned Unit Development shall be amended on September 7,2010 to incorporate
all of the preceding conditions and add the following conditions relating to Lot 3,Block
1,THE SHOPS AT WEST END,Hennepin County,Minnesota:
a.The PUD major amendment is approved for the development of a six-story,120-
unit apartment building with structured parking to be developed at 5310 16
Street W,with five off-site parking stalls and 3,136 square feet of the designed
outdoor recreation area provided off-site.
b.The following PUD modifications,in addition to modifications previously
authorized for the overall Shops at West End PUD:
1.Floor area ratio of 3.24.
2.Housing density of 112.6 units per acre.
c.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Applications 10-23-PUD and 10-25-VAR relating to a
shadow variance,including Exhibits Al00 Site Plan (revised 01/10/2011),AB101
Lower Level Garage Plan (revised 01/10/2011),A101 First Floor Plan (revised
01/10/2011),A102 Second Floor Plan (revised 01/10/2011),A103 Floors 3-6
Typical Floor Plan (revised 01/10/2011),A400 Exterior Elevations (revised
01/10/2011),A401 Exterior Elevations (revised 01/10/2011),L100 Landscape
Plan (revised 01/10/2011),such documents incorporated by reference herein.
d.The five (5)proposed off-site parking stalls shall be protected by an irrevocable
covenant in a form approved by the City Attorney.A certified copy of the
recorded document shall be provided to the Zoning Administrator within 60 days
after approval.
e.Prior to starting any site work,the following conditions shall be met:
1.The owner/applicant shall sign an Assent Form and the Official Exhibits.
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Resolution No.22-034 9
2.AII necessary permits must be obtained.
3.A preconstruction meeting shall be held with the appropriate
development,construction and City representatives.
f.Prior to the issuance of a building permit,the following conditions shall be met:
1.Plans shall be reviewed by the City Engineer and Zoning Administrator
to ensure that all proposed utilities,public access points and
construction documents conform to the requirements of the City Code
of Ordinances and City policies.
2.The applicant shall pay park dedication and trail dedication fees.
3.To ensure construction of the landscaping and the cleaning of public
streets during construction,a financial guarantee shall be provided in
the amount of 125%of the cost of the landscaping materials.The
performance guarantee shall be in the form of cash escrow or letter of
credit.The financial guarantee will be refunded upon project
completion,however,a 25%will be retained for one year after
installation to ensure the plants have survived the warranty period.
4.The planned installation of any mechanical equipment shall include
means to ensure it is fully screened from off-site view.
5.The proposed off-site parking facilities and shared parking facilities shall
be protected by an irrevocable covenant in a form approved by the City
Attorney.The applicant shall submit a certified copy of the recorded
document to the Zoning Administrator.
g.The developer shall comply with the following conditions during construction:
1.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.
2.The applicant shall pay park dedication and trail dedication fees.
3.The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
4.Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
5.The City shall be contacted a minimum of 72 hours prior to any work in
a public street.Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
h.Prior to the issuance of any temporary or permanent occupancy permit the
following shall be completed:
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Resolution No.22-034 10
1.Fire lanes shall be signed and striped in accordance with the signed
Official Exhibits.
2.Landscaping and irrigation shall be in accordance with the signed
Official Exhibits.
3.Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4.All mechanical equipment shall be installed and it shall be
demonstrated that all such equipment is fully screened from off-site
views.To protect the health,safety and welfare of the community,the
painting of mechanical equipment shall not be considered screening.
i.No outside storage is permitted.Incidental outside storage shall be removed
within 48 hours.
323.The Planned Unit Development shall be amended on January 18,2011 to incorporate all
of the preceding conditions with amendments to conditions relating to Lot 3,Block 1,
THE SHOPS AT WEST END,Hennepin County,Minnesota.
334.The Planned Unit Development shall be amended on August 19,2013,to incorporate all
of the preceding conditions with an amendment to condition #4 relating to the total
building area of restaurants allowed on the combination of Lot 4,Block 1 and Lot 2,
Block 2,THE SHOPS AT WEST END,Hennepin County,Minnesota.
a.Prior to issuance of building permits,the applicant and property owner shall sign
the Official Exhibits.
345.The Planned Unit Development shall be amended on October 7,2013,to incorporate all
of the preceding conditions and add the following conditions relating Lot 1,Block 1,THE
SHOPS AT WEST END,Hennepin County,Minnesota.
a.The PUD major amendment is approved for the development of a six-story,158-
unit multiple-family dwelling with structured parking at 5245 Wayzata
Boulevard.
b.PUD modifications are approved to allow:
1.Floor area ratio of 2.5.
2.Housing density of 99 units per acre.
3.Front (north)yard of 14.9 feet.
4.Side (west)yard of 29.2 feet
5.Side (east)yard of 11.3 feet.
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Resolution No.22-034 11
c.The site shall be developed,used and maintained in accordance with the Official
Exhibits from Zoning Application 13-31-PUD,such documents incorporated by
reference herein.
d.The developer shall comply with the conditions outlined in the City Engineering
memorandum dated September 13,2013.
e.Agreement for public access across "New Street"shall be protected by an
irrevocable covenant in a form approved by the City Attorney.
f.A public sidewalk easement will be required over the proposed sidewalk along
Wayzata Boulevard.
g.Ingress/egress agreements across New Street and the "hammerhead"
maneuvering space between Lot 1 and Lot 3,Block 1,THE SHOPS AT WEST END,
shall be protected by an irrevocable covenant in a form approved by the City
Attorney.
h.The development specifications shall require installation and maintenance of a
high-speed overhead door to reduce the wait time for vehicles entering the
garage.
i.No outside storage is permitted.Incidental outside storage shall be removed
within 48 hours.
j.Prior to starting any site work,the following conditions shall be met:
1.The owner/applicant shall sign an Assent Form and the Official Exhibits.
2.The agreements required by conditions 36e.and 36g.shall be executed.
3.Developer shall enter into a development agreement with the City that
addresses the conditions of approval and performance guarantees for
public and exterior site improvements.The Mayor and City Manager are
authorized to execute said Planning Development Contract.
4.All necessary permits must be obtained.
5.A preconstruction meeting shall be held with the appropriate
development,construction,and City representatives.
k.Prior to the issuance of a building permit,the following conditions shall be met:
1.Plans shall be reviewed by the City Engineer and Zoning Administrator to
ensure that all proposed utilities,public access points and construction
documents conform to the requirements of the City Code of Ordinances
and City policies.
2.Tree replacement fees shall be paid.
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Resolution No.22-034 12
35.
3.Park dedication and trail dedication fees shall be paid.Fees will be based
on the fee schedule at the time the building permits are issued and will
be pro-rated based on any previous fees paid based on the commercial
use of the property.
4.Developer shall enter into a development agreement with the City that
addressed the conditions of approval and performance guarantees for
public and exterior site improvements.
I.The developer shall comply with the following conditions during construction:
1.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.
weekdays,and 10 p.m.and 9 a.m.on weekends and holidays.
2.The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
3.Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
4.The City shall be contacted a minimum of 72 hours prior to any work in a
public street.Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
5.Pedestrian access along all public streets shall be maintained throughout
the duration of construction in accordance with ADA requirements.This
will include signing,striping,detour signing,and any other measures
needed to assure compliance and general public safety.
m.Prior to the issuance of any permanent occupancy permit,the following shall be
completed:
1.Fire lanes shall be signed and striped as required by the Fire Marshal.
2.Landscaping and irrigation shall be in accordance with the signed Official
Exhibits.
3.Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4.All mechanical equipment shall be installed,and it shall be demonstrated
that all such equipment is fully screened from off-site views.
The Planned Unit Development shall be amended on February 22,2022,to incorporate
all of the preceding conditions with the amendments as shown to sections1.4 and 6.
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.
DocuSign Envelope ID:4786D94E-6265-4020-8890-9C81E4EEAE17
Resolution No.22-034
Reviewed for administration:
Kim Keller,city manager
Attest:
Melissa Kennedy,city clerk
13
Adopted by the City Council February 22,2022Ll,o,o,,,o.,"9 es€16599E000234f-.Jake Spano,mayor