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HomeMy WebLinkAbout2023/12/06 - ADMIN - Agenda Packets - Planning Commission - Regular Planning commission meeting December 6, 2023 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther at 952.924.2574 or the administration department at 952.924.2505. Planning commission meeting The St. Louis Park planning commission is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. Members of the public can attend the meeting in person or watch the meeting by webstream at bit.ly/watchslppc and on local cable (Comcast SD channel 14 and HD channel 859). Recordings of the meetings are available to watch on the city’s YouTube channel at www.youtube.com/@slpcable, usually within 24 hours of the end of the council meeting or study session. Visit bit.ly/slppcagendas to view the agenda and reports. You can provide comment on agenda items in person at the meeting or by emailing your comments to info@stlouispark.org by noon the day of the meeting. Comments must be related to an item on the meeting agenda. Agenda PLANNING COMMISSION 1.Call to order – roll call 2.Approval of minutes – August 16, 2023 3.Hearing 3.a. Shops at West End PUD major amendment Applicant: David Lima Case No: 23-20-PUD 4.Other Business 5.Communications 6.Adjournment Future scheduled meeting/event dates: December 20, 2023 - planning commission study session January 3, 2024 - planning commission regular meeting January 17, 2024 - planning commission regular meeting February 7, 2024 - planning commission regular meeting 1 2 Planning commission November 15, 2023 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration department at 952.924.2525. Planning commission Members present: Jim Beneke, Mia Divecha (arrived 6:05 p.m.), Matt Eckholm, Katie Merten, Tom Weber, Jan Youngquist Members absent: none Staff present: Jacquelyn Kramer, Sean Walther Guests: Mitch Goltz, GW Properties 1.Call to order – roll call 2.Approval of minutes – August 16, 2023; September 20, 2023; November 1, 2023 The minutes of Aug. 16, Sept. 20, and Nov. 1, 2023 were approved as presented on a vote of 5-0 (Divecha absent). 3.Hearings 3a. 5775 Wayzata Blvd – Park Place East Applicant: GW Properties Case No: 23-17-5, 23-18-SP, 23-10-CUP Ms. Kramer presented the report. Commissioner Beneke asked about the lack of an order window for one of the restaurants and if that was the restaurant’s choice and could that change in the future. Ms. Kramer stated an order window would not be allowed under this CUP because it is limited to in-vehicle service, not sales, and the queue does not accommodate an order board, so a CUP amendment would be needed for the in-vehicle sales use. Only a pickup window would be allowed with this CUP. Commissioner Youngquist asked if the original application had a different configuration. Ms. Kramer stated yes, and noted the site plan has been adjusted to improve vehicle circulations and reduce conflicts. Commissioner Youngquist asked if this site plan required the removal of the median island at the site. Ms. Kramer stated yes, a portion of the median would be removed, and the 16th Street driveway also shifts west from its present location. 3 Planning commission Nov. 15, 2023 Commissioner Eckholm asked if there is a reason for the shown traffic direction for the pickup window. Reversing the direction would allow more space for the queue. Ms. Kramer stated this is for the driver’s side pickup window. Commissioner Divecha asked about a mural. Ms. Kramer stated the zoning code has ground floor requirements for transparency. She noted the code allows some flexibility if planning commission and city council support it and one suggested option is public art, so the developer proposes to install public murals along 16th Street that would equal the wall area of the 50% glass and transparency requirements. She added the artists and final design would need to go through the city’s public art selection process. Commissioner Divecha asked if vehicles and pedestrians would go past this area. Ms. Kramer stated yes. Commissioner Merten asked about vehicles pulling out of the drive through and which way they would go when exiting. Ms. Kramer stated they would most likely make a U- turn to the left and south to return to 16th Street. Commissioner Merten asked if the greenhouse stores items at the site. Ms. Kramer said no and noted the garden center fully breaks down their displays and is seasonal only. Commissioner Beneke noted he was surprised that with such a large parking lot there is only one EV charger included and asked if more would be added later. Ms. Kramer stated the requirement triggers based on reconstructed parking spaces. She added when the office reconstructs the entire parking lot more EV chargers will be required. Chair Weber asked if this is the first pick up window like this in St. Louis Park. Mr. Walther stated yes, noting that is the only eating establishment pick up window within the city vs. other businesses that have them, such as dry cleaners. Chair Weber asked about the tenants. The developer Mr. Goltz thanked staff for their work on this. He stated they do have tenants lined up at this time adding it is typically rare to have them already, but they have all committed. He noted the pickup window alleviates congestion in the area, and added he likes the ordinance concerning murals in the city, which will be community oriented. Chair Weber asked about the pedestrian access to the development and if that is a sure thing. Mr. Goltz stated yes, and they do want to maintain and further that and will continue to work with the city on acceptable enhancements. Chair Weber asked if there is a guarantee the garden center can remain. Mr. Goltz stated yes, they do want to keep them there, adding they are a value to the community and their mobility allows them to remain in the large space there. 4 Planning commission Nov. 15, 2023 Commissioner Eckholm asked about the space between the buildings. Mr. Goltz noted it is an outdoor seating area and all the tenants will have their own defined areas for outdoor seating. Commissioner Eckholm noted there is a desire for pedestrian availability and the more it feels connected, the better it will be. Mr. Goltz agreed, adding it is wide enough to accommodate a five-foot-wide clear passage and the tables for outside dining if the tables are arranged differently than shown in the plans. Commissioner Merten asked if Chipotle will accommodate ordering onsite within the restaurant. Mr. Goltz stated yes. Commissioner Merten also asked about snow removal. Mr. Goltz stated there is an agreement with the office building and the parking lot contractor will be handling the whole parking lot. Commissioner Divecha asked about walkability in this area and how pedestrians can walk safely there. Mr. Goltz stated there is a sidewalk there and we are happy to connect with staff on this to make it work well. Commissioner Divecha added she would like to make it easy for residents living in the neighborhood to get there easily and safely. Mr. Goltz stated a crosswalk can also be added, and they will work with the city on this. Mr. Walther added Zarthan Avenue has a sidewalk on the west side that connects to 16th Street. He stated building a sidewalk on the east side of the street would require removing many mature trees and the berm screening the parking lot. He added there are grade issues west of the office building that also complicate sidewalk construction, so staff will work with the developer to include pedestrian connections from 16th Street to meet the needs and require a cash-in-lieu payment for the sidewalk along Zarthan as allowed in the subdivision ordinance for such situations. Mr. Walther also noted the existing private sidewalks connecting through the site. Commissioner Divecha urged a creative solution to this especially for those who live in the area. Commissioner Eckholm added there is also a hotel in the area as well and connections to the north side of 16th Street will be important in this area. Commissioner Youngquist asked if there will be signage letting folks know the Chipotle pick up lane is not a drive through. Mr. Goltz stated yes. Commissioner Youngquist noted the back of the building facing the street and stated she likes the solution of the mural. She asked if there is room to extend the outdoor seating to the south side of the building along 16th Street to activate the area. Mr. Goltz stated because there will probably not be seating back there, it becomes a safety issue as staff would not be able to see behind the building to address customer needs. 5 Planning commission Nov. 15, 2023 Commissioner Merten noted the pick-up window lane should not be an issue, and noted ordering on the app will be convenient and customers will be used to this type of ordering system. Mr. Goltz agreed, noting this was devised during Covid for order pick up. Chair Weber opened the public hearing. Kevin Curry, 5970 West 16th St., noted he is a 20-year resident of the neighborhood and complimented the development in the city, however, noted he is in opposition of this particular development. He stated the comprehensive plan notes the city wants to promote neighborhood livability, social connection, environmental stewardship, small business development, and high-quality jobs. He stated this development will make money for the developer and the fast-food restaurants not based in St. Louis Park, this is not good for the quality of life of his neighborhood or the city as a whole, or the property values of the city and the Blackstone neighborhood, which is become noisier and busier. He added fast-food restaurants do not class up a neighborhood and will result in noise, traffic and litter. He added traffic will increase and will not result in good solid jobs for residents, with increasing concerns about panhandling and safety issues, as well as fry cooking issues at the end of the evening. He asked the commissioners to consider if more restaurants are needed in the city, will this development foster the city goals, and will this development make life better for residents. He stated the answer is no and thanked them for their time. Jenna Untiedt, Waverly, MN, noted she represents the seasonal garden center, Untiedt’s, and stated they are the current tenant in the location and in the office building. She stated she sees some benefits for this development but has concerns about traffic there and noted the entryway off 16th Street is a concern as well. She also expressed their interest in remaining on the site. Mary Powers, 6090 West 16th Street, stated she lives right across the street and quality of life will be a concern. She added losing the farmer’s market is also a concern, adding the market used to be in the Shoppes at Knollwood parking lot and was displaced by a similar development when Chick-Fil-A was built. She stated this will be a nightmare come wintertime and noted the southwest corner of the parking lot usually ends up storing a 10 feet pile of snow. She asked where that snow will be placed now. She stated she loves the restaurants but doesn’t want them across the street from her. Chair Weber closed the public hearing. Commissioner Merten stated her assumption was that the farmer’s market would relocate within the parking lot and didn’t realize they used to be at Knollwood. She added she understands concerns about over development in this location but did think it is a good use of the large and underutilized parking lot. 6 Planning commission Nov. 15, 2023 Commissioner Divecha added she feels mixed about this also adding she prefers something there vs. nothing. She added moving the farmer’s market the second time does feel less aligned with city goals as well as pedestrian friendliness in the area. Commissioner Eckholm added he also agrees with comments made. He noted in the West End there have been goals met with density and walkability, but in this area, he does have concerns putting a drive through in the area. However, he noted the developer’s presentation changed his mind on the pick up window and now does see that as an improvement. He added even though this is not the development he would like to see, the developer is making an attempt to do this in an improved way, and it is a good thing. He added the issue with the farmer’s market is not a problem with the developer, but with the property owner and he hopes the owner will work with them in good faith as it is a community asset and have already been displaced another time. Commissioner Youngquist added this is a better utilization of an under-utilized parking lot and it will increase the tax base for the city and provide restaurant options for the community. She added she does understand the neighbors’ concerns but given how the property is zoned, there could be many things that could go there, but it’s not zoned for housing here. She thanked staff for their work on this and she appreciates the murals also. Commissioner Beneke agreed with comments on zoning and stated this is the best option for this area. Chair Weber stated the planning commission does have its limitations and he encouraged neighbors to bring their concerns also to staff and city council. He noted he likes the idea of council or staff communicating with the building owner regarding the farmer’s market and ask them to consider that this will survive in the area. Ms. Kramer noted all of these comments will go into the minutes for council consideration and public information and also this can be addressed following the meeting with the developer. She noted Council Member Brausen represents this ward and he attended the neighborhood meeting to listen to residents, as well as the mayor and at large council members. Mr. Goltz stated they are working closely with the owner, and they want to keep the farmer’s market and work with the owner to keep them in the area. It was moved by Commissioner Beneke, seconded by Commissioner Eckholm, to approve staff recommendations for 5775 Wayzata Blvd – Park Place East for the preliminary plat, special permit amendment, and conditional use permit, subject to conditions recommended by staff. The motion passed unanimously. 4.Other Business - none 7 Planning commission Nov. 15, 2023 5.Communications – Mr. Walther noted there is a meeting the first week of December to address an application at the Shops at West End. He added the recommendations from the planning commission on the zoning code updates to residential district standards were well received by city council and they indicated they were comfortable with staff starting discussions with the community. He encouraged commissioners to watch the meeting on the city’s YouTube channel or review the minutes when they are available. Chair Weber asked about the boards and commissions discussion with city council. Mr. Walther stated this meeting is coming up soon, and the council is considering ideas for restructuring various boards and commissions, but not including the planning commission, board of zoning appeals or the housing authority. 6.Adjournment – 7:15 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Tom Weber, chair member 8 Planning commission: Regular meeting Meeting date: December 6, 2023 Agenda item: 3a 3a Shops at West End PUD major amendment Location: Shops at West End Case Number: 23-20-PUD Applicant: David Lima Owner: MSP WEST END, LLC Review Deadline: 60 days: December 24, 2023 120 days: February 22, 2024 Recommended motions: Chair to open the public hearing, take testimony, and close the public hearing. Motion to recommend approval of major amendment to the Shops at West End planned unit development. Summary of request: The applicant is requesting to expand the list of uses allowed in the Shops at West End. Site information: Current use: Shopping Center Surrounding land uses: North: office, hotel, residential East: office, residential South: office West: commercial, hotel Current zoning: O office 2040 land use guidance: OFC-office Site area (acres): 16.6 Park Place Blvd Gamble Dr Duke Dr West End Blvd 9 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment Background: The West End redevelopment is located southwest of the Highway 100 and I-394 interchange. It is bounded by Gamble Drive to the south and Park Place Boulevard to the west. The West End integrates retail, restaurants, entertainment, hotel, office and residential uses. The district first received approval in 2007 and has been steadily redeveloping in phases since then. The Shops at West End is a smaller component of the west end PUD and is outlined in the aerial photo above. It is the commercial component of the West End redevelopment. It consists of commercial uses such as retailers, restaurants, entertainment, movie theater and some office uses. While the Shops at West End does not technically include the parking ramp located east of Duke Drive, it does include agreements to utilize the parking ramp for overflow parking. Additionally, the parking ramp is included in the parking analysis when determining if there is sufficient parking available for the proposed uses in the Shops at West End. Therefore, for the purpose of this report and review, the parking ramp is shown to be included in the Shops at West End. Present considerations: The applicant is requesting to expand the list of uses allowed in the Shops at West End to allow the animal handling, limited land use. The zoning ordinance defines this land use as: Animal handling, limited means any animal handling use such as veterinary clinics, pet stores, and pet grooming that do not include boarding, daycare, or outdoor off leash recreation space for animals. The use may require an animal to be kept overnight on-site for treatment but does not include boarding or animal daycares. Allowed commercial uses. The West End PUD was approved with a short list of commercial uses allowed in the PUD. The request is to amend the PUD to also allow animal handling, limited. Uses currently allowed include: 1.retail 2.service (hair/nail salons, therapeutic massage) 3.restaurants 4.hotel 5.theater 6.office 7.medical and dental offices 8.motor vehicle display The PUD also includes a list of uses specifically not allowed. While any use not on the allowed list is technically not allowed, the purpose of this list is to make it clear that specific uses are not allowed and communicate that they were not welcome to be added in the future. 1.in-vehicle sales and service (drive-through) 2.motor fuel stations 3.motor vehicle sales 4.motor vehicle service and repair 5.car wash 6.currency exchange, check cashing and payday loan agencies 10 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 7.pawnshops 8.sexually-oriented businesses 9.tattoo shops 10.gun shops, not excluding a sporting goods store that sells as part of its inventory guns and ammunition. Next steps: City council is scheduled to consider the major PUD amendment request on December 18, 2023. Recommendations: Staff recommends amending Resolution No. 22-034, the West End redevelopment PUD as follows: Section 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, animal handling limited, 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). Supporting documents: Proposed amendment to Resolution No. 22-034 (West End redevelopment PUD) Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning manager/deputy community development director 11 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment Resolution No. _____ Resolution amending and restating Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-093, 11-016, 13-123, 13-151, 19-011 and 22- 034 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. 12 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment Whereas, a major amendment to the final PUD was approved regarding the subject property pursuant to Resolution 22-034 of the St. Louis Park City Council dated February 22, 2022, which contained conditions applicable to said property. 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, 19-011, and 22-034 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, 19-011, and 22-034 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, animal handling limited, 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 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. 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. 7. 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. 13 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 8. The sign plan is subject to community development director and zoning administrator review and approval. Sign permits are required. 9. 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. 10. 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. 11. 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.). 12. 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. 13. 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 three feet and seven 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 three feet and seven 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. 14 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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. 14. 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. 15. 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. 17. 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. 18. 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. 19. 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). 20. The applicant shall be responsible to obtain all permits from the city and other agencies. 21. The property owner(s) shall be responsible for obtaining a city license for all parking structures. 22. Tenants shall be responsible for obtaining all city licenses (i.e. grocery store, hotel, etc.). 15 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 23. 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. 24. 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. 25. 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. 26. 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.) 27. 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). 16 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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. 28. 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. 17 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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. 29. 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: 18 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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. 30. 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. 31. 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. 19 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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: 20 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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. 32. 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. 33. 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. 34. 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. 21 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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. 22 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 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 conditions sections 1, 4 and 6 in Resolution 22-034. 23 Regular meeting meeting of December 6, 2023 (Item No. 3a) Title: Shops at West End PUD major amendment 36. The planned unit development shall be amended on December 18, 2023, to incorporate all of the preceding conditions with the amendment as shown to condition 1. The city clerk is instructed to record certified copies of this resolution in the office of the Hennepin County register of deeds or registrar of titles as the case may be. Reviewed for administration: Adopted by the city council December 18, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk 24