HomeMy WebLinkAbout23-174 - ADMIN Resolution - City Council - 2023/12/181111 1111 111111 1111 1111
LAND TYPE Torrens (T)
DOC NUM 6055087
Certified,filed and/or recorded on
Jan 9,2024 1.09 PM
Office of the Registrar of Titles
Hennepin County,Minnesota
Amber Bougie,Registrar of Titles
Daniel Rogan,County Auditor and Treasurer
D eputy 16 5 Pkg ID 2636472E
Document Recording Fee
Document Total
Existing Certs
15 3 0 46 5
RECEIVED
JAN 1 6 2024
OFFICE OF THE CITY CLERE
T his co ve r shee t is no w a pe rm a nent pa rt of the recorded docum ent.
$46.00
$46.00
JI St.Louis ParkJ!o+sot
City clerk's office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST.LOUIS PARK
ss "CITY COUNCIL RESOLUTION"
The undersigned hereby certifies the following:
1}The attached is a full,true and correct copy of the original
Resolution No.23-174 adopted December 18,2023 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.
A
City Clerk
Date:January 2,2024
REC EIVED
JAN 1 6 2024
OFFICE OF THE CITY CLERK
t +DocuSign Envelope ID:D00CFB11-CFBA 4A9B-A934-D9E8E6377960
Resolution No.23-174
Am endin g 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 fi nal planned unit developm ent fo r the W est End Redevelopm ent Project
lo cated at th e southw est quadrant of Interstate 394 and Highw ay 100
Th e W est End Redevelopm ent 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:D00CFB1 1-CFBA-4A9-A934-D9E8E637 7960
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 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 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 facade designs administratively or refer proposals to
the planning commission and city council for consideration,as city staff deems
necessary.
DocuSign Envelope'ID:DO0CFB1 1-CFBA-4A9B-A934-D9E8E6377960
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 (Th e 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 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 shalt 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 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.
D o cu S ign E nvelope'ID :D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
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 dear 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.).
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
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 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.
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).
DocuSign Envelope ID:DO0CFB1 1-CFBA-4A9B-A934-D9E8E6377960
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.
DocuSign Envelope ID:DO0CFB1 1-CFBA-4A9B-A934-D9E8E6377960
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:
DocuSign'Envelope ID:D00CFB1 1-CFBA 4A9B-A934 -D9E8E6377960
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 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 AlO0 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:DOOCFB1 1-CFBA-4A9B-A934-D09E8E6377960
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 10p.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:
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
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.
DocuSign Envelope ID:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
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
irrevocabf e 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,pub!ic 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:D00CFB 11-CFBA-4A9B-A934-D9E8E6377960
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 deaned 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 sectioRs 1,
4 and 6 in Resolution 22-034.
DocuSign Envelope ID:DOOCFB1 1-CFBA -4A9B-A934-D9E8E6377960
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
Jae Spano,mayor
Attest:
Docu S ig ned by.
7 2h««K-Ari--''
Melissa Kennedy,city clerk
JI St.Louis ParkJIsow
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ST.LOUIS PARK )
The undersigned hereby certifies the following:
City clerk's 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.23-174 adopted December 18,2023 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.
I --·--,
,SEAL,,'e,p..."$
'YPn CO'Date:January 2,2024
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
Resolution No.23-174
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 ap plicatio n fo r a prelim inary and final planned unit
de velo pm e nt {PU D )at 5235 W ayzata Bo ulevard legally described as fo llo w s,to w it:
Lot 2,Blo ck 1,The Sho ps at W est End,Hennepin County,M innesota
W hereas,a fi n al PU D w as appro ved regarding the subject pro perty legally described as
the Sho ps at W est End as Reso lutio n No .08-057 of the St.Louis Park City Co unci l dated A pril 28,
20 08 w hich co ntaine d co nd itio ns applicable to said pro perty.
W hereas,a m ino r am endm ent to the fi nal PUD w as appro ved regarding the subject
pro p e rty pursuant to Reso lutio n No .08-128 of the St.Louis Park City Council dated October 6,
20 0 8 w hich co ntaine d co nd itio ns applicable to said pro perty.
W hereas,a m ino r am endm ent to the fi nal PUD w as appro ved regarding the subject
pro p e rty pursuant to Reso lutio n N o .09-040 of the St.Louis Park City Co uncil dated M arch 2,
20 0 9 w hich co ntaine d co n d itio ns ap plicable to said pro perty.
Whereas,a m in o r am endm ent to the fi nal PUD w as ap pro ved regarding the subject
pro p e rty pursuant to Reso lutio n No .09-064 of the St.Louis Park City Council dated M ay 4,2009
w hich co ntaine d co nd itio ns app licab le to said pro pert y.
W hereas,a m ajo r am endm ent to the fi nal PU D w as ap proved regarding the subject
pro p e rty pursuan t to Reso lutio n No .10-093 of the St.Louis Park City Counci l dated Septem ber
7,20 10 w hich co ntain ed co n ditio ns ap plicab le to said pro perty.
W hereas,a m ino r am endm ent to the fi nal PUD w as ap pro ved regarding the subject
pro p e rty pursuan t to Reso lutio n 11-016 of the St.Louis Park City Co uncil dated January 18,
20 11 w hich co ntained co nd itio ns applicab le to said pro perty.
Whereas,a m ajo r am endm ent to the final PUD w as approved regarding the subject
pro pe rty pu rsuan t to Reso lutio n 13 -123 of the St.Louis Park City Co uncil dated August 19,
20 13 ,w hich co ntaine d co nd itio ns ap plicable to said pro perty.
Whereas,a m ajo r am end m ent to the fi nal PUD w as ap pro ved regarding the subject
pro pe rty pu rsuant to Reso lutio n 13 -151 of the St.Louis Park City Council dated Octo ber 7,
20 13 ,w hich co ntaine d co nd itio ns ap plicable to said property.
Whereas,a m ajo r am end m ent to the fi nal PUD w as appro ved regarding the subject
pro pe rty pursuan t to Reso lutio n 19-0 11 of the St.Louis Park City Co uncil dated January 22,
20 19,w hich co ntaine d co nd itio ns applicab le to said pro pert y.
DocuSign Envelope ID:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
Whereas,a m ajo r am endm ent to the final PUD w as appro ved regarding the subject
pro pe rty pursuant to Resolutio n 22-034 of the St.Louis Park City Counci l dated February 22,
20 22,w hich co ntained cond itio ns applicable to said pro perty.
Whereas,it is the intent of this resolution to continue and restate the conditions of the
fi nal PU D granted by Reso lutio n Nos.08-057,08-128,09-040,09-064,10 -093,11 -016,13 -123,
13 -15 1,19-0 11 ,and 22-034 to am end and co nsolidate all conditions applicable to the subject
pro pe rty in this reso lutio n.
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 am ended by this
reso lutio n w hich co ntinues and am ends a final planned unit developm ent to the subject
pro perty at the lo catio n described above based on the fo llow ing conditions:
1.The uses on the subject pro perty are lim ited to retail,service,restaurants,hotel,
theater,indo o r m oto r vehicl e display w hen occurring in a co m m ercial storefr ont only,
m edical and dental off ice,anim al handling lim ited,and off ice.The fo llow ing uses are not
allow ed:in-vehicl e sales and service (drive-thro ugh);m otor fuel stations;m otor vehicle
sales,service and repair;car w ashes;currency exchanges;check cashing;pay loan
agencies;paw nsho ps;sexually-oriented businesses,tatt oo shops;gun shops (not
excl ud ing a spo rting goods store that sells,as part of its sporting goods inventory,guns
and am m u nitio n).
2.The fi nal site plan and facade design of the large retail building on Lot 4,Block 1,THE
SH O PS AT W EST END (pro posed gro cery store)shall require a PUD m inor am endm ent
w ith review by the planning com m issio n.
3.The hotel site plans fo r Lot 3,Block 1,THE SH O PS AT W EST END shall require a PU D
m ajo r am end m ent if any variances are requested.If the plan does not require a
variance,the ap plicatio n m ay be pro cessed as a PUD m inor am endm ent and incl ude
review and reco m m endatio n of the planning co m m ission.
4.The total gro ss flo or area of restaurants shall be restricted to the lim itations established
by the W est End parking study as am ended fr om tim e-to-tim e on the com bination of Lot
4,Blo ck 1 and Lot 2,Blo ck 2,TH E SH O PS A T W EST END ,Hennepin County,M innesota.
A m e nd m ents to the W est End parking study m ay be pro cessed adm inistratively,
ho w ever,at the discretio n of the zoning adm inistrator,am endm ents m ay be processed
as a m ino r or m ajo r am endm ent.
5.The total num b er of seats in the m ovie theater shall be lim ited to 2,700 seats.
6.The po rt io n of the five-level retail parking structure (building 35)that is w ithin 20 feet of
the Gam b le D rive right-of-w ay shall have a m inim um of 60%Class I exterior m aterials.
The develo pe r shall am end the off icial exhibits to com ply w ith this requirem ent.
7.The co m m unity develo pm ent director and zoning adm inistrator or their designee(s)m ay
app ro ve individ ual tenant/building facade designs adm inistratively or refer proposals to
the planning co m m issio n and city counci l fo r consideration,as ci ty staff deem s
necessary.
DocuSign Envelope ID D00CFB11-CFBA-4A9B-A934-D9E8E6377960
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 inco rporate 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
pe d estrian 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:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
e.A w nings and cano pies shall be m ade of heavy canvas,fa bric,m etal and/or glass.
Plastic and vinyl aw nings are pro hibited.Backlit aw nings and canopies are
pro hib ited .
14 .A business m ay use the sid ew alk w ithin five feet of its building w all fo r the fo llow ing
pu rpo ses,pro vided the business m aintains a clear w alkw ay that is at least eight feet
w ide alo ng Park Place Bo ulevard and at least six feet w ide along other streets,and
pro vided the uses do not occur in the public right-of-w ay unless the city appro ves an
encro achm ent agreem ent in accordance w ith the city's tem porary private use of public
lan d po licy:
a.Display of m e rchandise,not to exceed 100 square feet per business;
b.Benches,planters,orn am ents,art;
c.Signs perm itted in the zoning ordinance;and
d.Outdo o r dining.O utdoor dining areas m ay extend fa rther than five-feet from
the building w all,pro vided tables and chairs or other structures m aintain the
req uired ho rizo ntal clearance fo r a w alkw ay betw een the dining area and other
obstructio ns,such as trees,poles,and curbs.
15.The develo per shall pro vid e easem ents and $285,000 fo r public art to help satisfy the
altern ative landscaping requirem ents.The city and the developer w ill develo p a public
pro cess to select the artists,artw orks and locations.
16 .The develo per shall am end off icial exhibits (utility plans)to pro vide separate dom estic
and fi re w ater service lines to the buildings.
17 .The develo per shall w ork w ith the po lice depart m ent on the design and construction of
the po lice substatio n area in building 31.In particular,the plan shall pro vide w indow s
and do orw ay on the no rtheast building elevatio n alo ng the alley.
18 .The develo per shall redesign the public restro o m entrances in the building 31 atrium to
have open entrances (no exterio r doors to the atrium ),sim ilar to typical stadium /m ovie
theater restro o m entrances,as requested by the po lice departm ent.
19 .At City of St.Louis Park's so le discretion,and upon conferring w ith the pro perty ow ner,
the pro pert y ow ner shall change the designatio n of W est End Boulevard on-street
parking stalls fr om sho rt -term custom er parking to "pick-up/drop-off only"(or sim ilar
restrictio n).
20 .The ap plicant shall be respo nsible to obtain all perm its fr om the city and other agencies.
21.The propert y ow ner(s)shall be respo nsible fo r obtaining a ci ty license fo r all parking
structures.
22 .Tenants shall be respo nsible fo r obtaining all ci ty licenses (i.e.grocery store,hotel,etc.).
DocuSign Envelope ID:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
23.The pro pert y ow ner shall prepare and eff ectuate traff ic m anagem ent plans that reduce
traff ic co ngestio n.The pro pert y ow ner subm itt ed a plan fo r review and appro val of the
by the St.Louis Park and Golden Valley 1-394 Joint Task Force.The pro perty ow ner shall
im p lem ent The Traffi c M anagem ent Plan (TM P)appro ved by the Travel Dem and
M an agem ent Jo int Task Force prior to city issuance of a certificate of occupancy.
24 .The ci ty and develo per shall set up a m onitoring pro gram to determ ine actual sanitary
sew er flow s.Follow ing each phase of the developm ent,sew er flow s w ill be analyzed to
determ ine if sew er flow s exceed M etropolitan Council lim its described in the
M etro po litan Counci l's letter to the City of St.Louis Park dated Decem ber 14,2006.If
sanitary sew er flow s exceed said lim its,the developer shall subm it a final design of a
privately ow ned,privately m aintained,tem porary sanitary sew er peak flow detention
fa cilities fo r M etro politan Council Enviro nm ental Services (M CES)and City of St.Louis
Park appro val.The develo per shall co nstruct the said appro ved system and put it into
operatio n in the tim efr am e designated by M CES and City of St.Louis Park,and prior to
city issuance of building perm its fo r additional phases.
25.The develo per shall abide by the city's w ater use restrictions and fo llow State of
M inn esota requirem ents fo r low -flow structures.After each phase of the
redevelo pm ent,w ater usage shall be m onitored.If m onitoring show s use exceeds 90%
of peak capacity,the developer shall cooperate w ith the city to identify cityw ide and
project-specific m easures to increase w ater treatm ent capacity and reduce consum ption
prio r to city issuance of building perm its.
26 .The no rt h off ice tow er and operations center at 1551 Utica Avenue (Lot 1,Block 2,THE
SH O PS A T W EST END)shall be developed,used and m aintained in accordance w ith the
off icial exhibits fr om zo ning application 86-14-SP and 07-61-PUD.If there is any conflict
betw een the off icial exhibits,07-61-PUD shall supersede.The fo llow ing 86-14-SP off icial
exhib its are incorpo rated by reference herein:Exhibit A -Site Plan and Lighting Plan;
Exhib it B -Grading Plan;Exhibit C -Utilities Plan;Exhibit D -Landscape Plan;Exhibit E -
Building Elevatio ns;Exhibit F -Basem ent Floor Level Plan;Exhibit G -Gro und Floor Plan;
Exhib it H -Second Floor Plan;and Exhibit I-Typical Floor Plan,as m odified by city
develo pm ent on M arch 13 ,1986.(The floor plans are incl uded to show general use and
co nfi guratio ns only.)
27 .The fo llo w ing co nditio ns shall apply to the south off ice tow er at 1600 Utica Avenue (Lot
1,Blo ck 2,TH E SH O PS AT W EST END):
a.The site shall be developed,used and m aintained in accordance w ith the offi ci al
exhibits fr om zo ning application 98-42-PUD and 07-61-PUD.If there is any
co nfli ct betw een the official exhibits,07-61-PUD shall supersede.The fo llow ing
98-42-PUD off ici al exhibits are incorporated by reference herein:Exhibit A -Site
Plan,Exhibit B -Landscape Plan,Exhibit C -Existing Survey,Exhibit D -
Grading,Drainage and Ero sion Contro l Plan,Exhibit E -Utility Plan,Exhibit F-
East Elevations,Exhibit G -North Elevation,Exhibit H -South Elevation,Exhibit
I-W est Elevations,Exhibit J -W est Elevation -Parking Ram p,and Exhibit K -
Parking Ram p elevatio n (south).
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
b.Parking ram p layouts and site plan shall pro vide designation of at least 20 bicycle
racks and at least 20 carpool spaces in convenient locations.
c.A covenant shall be recorded on the pro pert y w hich specifies that a m inim um of
4,000 square feet of the atrium shall rem ain in perpetuity as indoor open space
and available fo r general "public"use.Said interior atrium space shall be
designed in an aesthetic ally pleasing and usable w ay,w ith landscaping,benches,
and the like.A detailed atrium plan shall be subm itt ed and appro ved by the
co m m unity develo pm ent director and the zoning adm inistrator.
d.The fo llow ing m odifi cations to ordinance requirem ents are re-authorized:
1.The floor area ratio fo r the PU D can be 1.57.
2.The setbacks on Gam ble Drive fo r the parking ram p can be 17 feet.
3.Reduced off ice building setback along Gam ble Drive of 96 feet.
28 .Prio r to issuance of building perm its,the fo llow ing co nditions shall be m et:
a.A planning developm ent contract shall be executed betw een the developer and
city that addresses,at a m inim um :
1.Conditio ns of PUD appro val as applicable or appro priate;
2.Pub lic use of gathering spaces in the developm ent;
3.Private use of public land
4.M aintenance agreem ent and/or special service district;
5.Surety in the fo rm of an irrevocable lett er of credit fo r redeveloper public
im pro vem ents and landscaping;and
6.A dm inistrative appro val of m odifications to the PUD plans.
The m ayor and ci ty m anager are authorized to execute said planning
develo pm ent co ntract.
b.The develo per shall pro vide a surety to the City of St.Louis Park in the fo rm of an
irrevocable lett er of credit fo r 1.10 tim es the estim ated redeveloper public
im p ro vem ents costs (as defined in the redevelopm ent agreem ent),and 1.25
tim es the estim ated landscaping costs.
c.The propert y ow ner shall pay the applicable traff ic m anagem ent adm inistrative
fee.
1.The po rt io n of the shopping center subject to this fee is on Lot 2,Block 2,
TH E SH O PS A T W EST END.The total fee of $34,633 shall be paid to the
City of St.Louis Park prior to city issuance of building perm its.
DocuSign Envelope ID:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
2.Subsequent phases of the PUD (future hotel and off ice tow ers)shall pay
fift y percent of the fee upon subm issio n of a final PUD A m endm ent
ap plic atio n,and the rem aining fift y percent of the fee upon subm ission of
a building perm it applicatio n,fo r each respective developm ent phase.
29 .The planned unit develo pm ent shall be am ended on October 6,2008 to incorporate all
of the preceding cond itio ns and add the fo llow ing conditions relating to Lot 4,Block 1,
TH E SH O PS AT W EST END ,Hennepin County,M innesota:
a.The site shall be develo ped,used and m aintained in accordance w ith the off icial
exhib its fro m zo ning applicatio n 08-32-PUD,incl uding Exhibits C4B-Site Layout
Plan No rt h,CSA-U tility Plan,Cl0B-Landscape Street Plan,A1110 1-Building 11
Overall Plan,All lll -Building 11 Level 1 A rea 1,A 11 1112-Building 11 Level 1
A rea 2,A 1140 1-Building 11 Exterio r Elevatio ns,such docum ents incorporated by
reference herein.
b.Overn ight cart sto rage shall be inside the building.
c.The develo per shall co ntinue to w ork w ith ci ty staff thro ugh a public pro cess to
select pub lic art and the co m plete plaza design.
d.The develo per shall subm it a site plan and pro gram m ing plan fo r the plaza area
to the city fo r review and approval by the zoning adm inistrator.
e.The building pro po sal incl udes graphic art panels in order to enhance the
app earance of the building and pedestrian enviro nm ent.The developer shall
sub m it plans fo r the graphics on the backlit translucent w all-m ounted panels fo r
review and ap pro val by the zoning adm inistrator.The panels and/or graphics
shall be changed fr om tim e to tim e and at least biennially.The panel m ay incl ude
any m o saic,m ural,painting or graphic art or co m bination thereof w hich is
pro fessio nally app lied to the panel that does not contain any brand nam e,
pro duct nam e,letters of the alphabet spelling or abbreviating the nam e of any
pro duct,co m p any,pro fessio n or business,or any logo,tradem ark,trade nam e,
or other com m ercial m essage (defined as supergraphics in the city sign code and
exem pt fr om the sign code pro visio ns).The develo per shall allow use of the
pane ls fo r pub lic art.Pro posed pub lic art shall be subject to review and appro val
by the develo per and building tenant(s).
f.A ssent fo rm and offi cial exhibits m ust be signed by the applicant (or applicant
and ow ne r if ap plicant is diff erent fr om ow ner)prior to issuance of a building
perm it.
g.The sign plan is subject to com m unity developm ent director and zoning
adm inistrato r review and appro val.Sign perm its are required.
h.A pproval of building perm its,w hich m ay im pose additional requirem ents.
i.A plann ing develo p m ent contract betw een the developer and ci ty shall be
am e nd ed to ad dress,at a m inim um :
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-O9E8E6377960
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 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 AlO0 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),LlO0 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:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
2.A II necessary perm its m ust be obtained.
3.A preco nstructio n m eeting shall be held w ith the ap p ro priate
develo p m ent,constructio n and city representatives.
f.Prio r to the issuance of a building perm it,the fo llo w ing cond itio ns shall be m et:
1.Plans shall be review ed by the city engineer and zoning ad m inistrator to
ensure that all pro po sed utilities,pub lic access po ints and co nstruction
do cum ents confo rm to the requirem ents of the ci ty code of ordinances
an d city po lici es.
2.The ap plicant shall pay park dedicatio n and trail dedicatio n fees.
3.To ensure co nstructio n of the landscap ing and the cleaning of public
streets during constructio n,a fi nan cial guarantee shall be provided in
the am o unt of 125%of the cost of the landscaping m aterials.The
pe rfo rm ance guarantee shall be in the fo rm of cash escro w or lett er of
cred it.The financial guarantee w ill be refunded upo n project
co m p letio n,how ever,a 25%w ill be retain ed fo r one year aft er
in stallatio n to ensure the plants have survived the w arranty period.
4.The plan ned installatio n of any m echanical equip m ent shall incl ude
m ean s to ensure it is fully screened fr om off -site view .
5.The pro po sed off -site parking fa cilities and shared parking fa ci lities shall
be pro tected by an irrevocab le co venant in a fo rm ap pro ved by the ci ty
att o rn ey.The app licant shall subm it a cert ified co py of the reco rded
do cu m ent to the zo ning adm inistrato r.
g.The de velo pe r shall co m p ly w ith the fo llo w ing cond itio ns during co nstructio n:
1.A ll city no ise ordinances shall be co m p lied w ith,incl ud ing that there be
no co nstructio n activity betw een the ho urs of 10 p.m .and 7 a.m .
2.The ap p licant shall pay park dedicatio n and trail dedicatio n fees.
3.The site shall be kept fr ee of dust and debris that could blow onto
ne ig hbo rho od pro pert ies.
4.Pu b lic streets shall be m aintained fr ee of dirt and shall be cleaned as
necessary.
5.The ci ty shall be co ntacted a m inim um of 72 ho urs prio r to any w ork in
a pu b lic street.W o rk in a public street shall take place only upo n the
determ in atio n by the directo r of pub lic w o rks that ap pro p riate safety
m e asures have been taken to ensure m oto rist and pedestrian safety.
h.Prio r to the issuance of any tem po rary or perm anent occupancy pe rm it the
fo llow in g shall be co m p leted:
DocuSign Envelope ID:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
1.Fire lanes shall be signed and striped in accordance w ith the signed
Offi cial Exhibits.
2.Landscap ing and irrigation shall be in acco rdance w ith the signed off icial
exhib its.
3.Exterio r building im pro vem ents shall be co m pleted in accordance w ith
the signed off icial exhibits and appro ved m aterials and colors.
4.A ll m echanical equipm ent shall be installed and it shall be
dem o nstrated that all such equipm ent is fully screened fr om off-site
view s.To protect the health,safety and w elfa re of the co m m unity,the
painting of m echanical equipm ent shall not be considered screening.
i.No outside sto rage is perm itted.Incidental outside storage shall be rem oved
w ithin 48 ho urs.
32 .The planned unit develo pm ent shall be am ended on January 18,2011 to incorporate all
of the preceding co nditio ns w ith am endm ents to conditions relating to Lot 3,Block 1,
TH E SH O PS AT W EST EN D ,Hennepin County,M innesota.
33 .The planned unit develo pm ent shall be am ended on August 19,2013 ,to inco rporate all
of the preceding co nditio ns w ith an am endm ent to co ndition #4 relating to the total
building area of restaurants allow ed on the com bination of Lot 4,Block 1 and Lot 2,
Blo ck 2,TH E SH O PS A T W EST END ,Hennepin County,M innesota.
a.Prio r to issuance of building perm its,the applicant and pro perty ow ner shall sign
the off ici al exhib its.
34 .The planned unit develo pm ent shall be am ended on October 7,2013 ,to incorporate all
of the preceding co nd itio ns and add the fo llow ing conditions relating Lot 1,Block 1,THE
SH O PS AT W EST EN D ,Hennepin County,M innesota.
a.The PUD m ajo r am endm ent is approved fo r the developm ent of a six-story,158-
unit m u ltip le-fa m ily dw elling w ith structured parking at 5245 W ayzata
Boulevard.
b.PU D m o dificatio ns are appro ved to allow :
1.Flo o r area ratio of 2.5.
2.Ho using density of 99 units per acre.
3.Fro nt (no rt h)yard of 14.9 feet.
4.Side (w est)yard of 29.2 feet
5.Side (east)yard of 11.3 feet.
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
c.The site shall be developed,used and m aintained in accordance w ith the offi ci al
exhib its fr om zo ning application 13 -31-PUD ,such docum ents incorporated by
reference herein.
d.The develo per shall co m ply w ith the conditio ns outlined in the ci ty engineering
m em o randu m dated Septem ber 13 ,2013 .
e.A greem ent fo r pub lic access acro ss "New Street"shall be pro tected by an
irrevocab le covenant in a fo rm appro ved by the city att orn ey.
f.A public sidew alk easem ent w ill be required over the pro posed sidew alk along
W ayzata Boulevard.
g.Ingress/egress agreem ents acro ss New Street and the "ham m erhead"
m aneuvering space betw een Lot 1 and Lot 3,Block 1,TH E SH O PS AT W EST END ,
shall be pro tected by an irrevocable covenant in a fo rm appro ved by the city
atto rn ey.
h.The develo pm ent speci fi catio ns shall require installation and m aintenance of a
high-speed overhead door to reduce the w ait tim e fo r vehicl es entering the
garage.
i.No outsid e sto rage is perm itted.Incidental outside storage shall be rem oved
w ithin 48 ho urs.
j.Prio r to start ing any site w ork,the fo llow ing co nditions shall be m et:
1.The ow ner/applicant shall sign an assent fo rm and the off icial exhibits.
2.The agreem ents required by co nditio ns 36e.and 36g.shall be executed.
3.Develo per shall enter into a developm ent agreem ent w ith the city that
add resses the conditio ns of appro val and perfo rm ance guarantees fo r
pub lic and exterio r site im provem ents.The m ayor and ci ty m anager are
autho rized to execute said planning developm ent contract.
4.A ll necessary perm its m ust be obtained.
5.A preconstructio n m eeting shall be held w ith the appro priate
develo pm ent,constructio n and ci ty representatives.
k.Prio r to the issuance of a building perm it,the fo llow ing conditions shall be m et:
1.Plans shall be review ed by the ci ty engineer and zoning adm inistrator to
ensure that all pro posed utilities,public access points and construction
do cum ents confo rm to the requirem ents of the city code of ordinances
and ci ty po lici es.
2.Tree replacem ent fees shall be paid.
DocuSign Envelope ID:D00CFB1 1-CFBA-4A9B-A934-D9E8E6377960
3.Park dedication and trail dedicatio n fees shall be paid.Fees w ill be based
on the fee schedule at the tim e the building perm its are issued and w ill
be pro -rated based on any previo us fees paid based on the com m erci al
use of the pro pert y.
4.Develo per shall enter into a developm ent agreem ent w ith the city that
addressed the conditions of appro val and perfo rm ance guarantees fo r
pub lic and exterio r site im pro vem ents.
I.The develo per shall co m ply w ith the fo llow ing co nditio ns during co nstruction:
1.All city no ise ordinances shall be com plied w ith,incl uding that there be
no co nstructio n activity betw een the hours of 10 p.m .and 7 a.m .
w eekdays,and 10 p.m .and 9 a.m .on w eekends and holidays.
2.The site shall be kept fr ee of dust and debris that co uld blow onto
neighbo rho o d pro pert ies.
3.Pub lic streets shall be m aintained fr ee of dirt and shall be cleaned as
necessary.
4.The city shall be co ntacted a m inim um of 72 hours prior to any w ork in a
pub lic street.W ork in a public street shall take place only upon the
determ inatio n by the director of public w orks that appro priate safety
m easures have been taken to ensure m otorist and pedestrian safety.
5.Pedestrian access along all public streets shall be m aintained thro ughout
the duratio n of constructio n in acco rdance w ith ADA requirem ents.This
w ill incl ude signing,striping,detour signing,and any other m easures
needed to assure com pliance and general public safety.
m .Prio r to the issuance of any perm anent occupancy perm it the fo llow ing shall be
co m p leted :
1.Fire lanes shall be signed and striped as required by the fire m arshal.
2.Landscaping and irrigatio n shall be in acco rdance w ith the signed off ici al
exhib its.
3.Exterio r building im pro vem ents shall be co m pleted in acco rdance w ith
the signed off ici al exhibits and appro ved m aterials and colors.
4.A ll m echanical equipm ent shall be installed and it shall be dem onstrated
that all such equipm ent is fully screened fr om off -site view s.
35 .The plann ed unit develo p m ent shall be am ended on February 22,2022,to incorporate
all of the preceding cond itio ns w ith the am endm ents as show n to conditions sections 1,
4 and 6 in Reso lutio n 22-034.
DocuSign Envelope ID:D00CFB11-CFBA-4A9B-A934-D9E8E6377960
36 .The plan n ed un it develo pm ent shall be am ended on Decem ber 18,20 23,_to incorporate
all of the preced ing conditio ns w ith the am endm ent as show n to co nditio n 1.
The city cle rk is instructed to reco rd cert ified cop ies of this resolutio n in the off ice of the
He nn ep in Co unty register of deeds or registrar of titles as the case m ay be.
Review ed fo r ad m in istratio n:
A ttest:
M e lissa Kenn edy,ci ty cle rk
A do pted by the ci ty counci l Decem ber 18,
20 23
Jake Spano ,m ayor