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HomeMy WebLinkAbout86-88 - ADMIN Resolution - City Council - 1986/06/16.577--/S-- RESOLUTION 7/S' RESOLUTION NO. 86-88 A RESOLUTION RESCINDING RESOLUTION NO. 85-177 ADOPTED ON OCTOBER 21, 1985, RESCINDING RESOLUTION NO. 7369 ADOPTED ON APRIL 18, 1983, WHICH AMENDED RESOLUTION No. 7359 ADOPTED ON APRIL 4, 1983, AMENDING RESOLUTION NO. 7179 ADOPTED ON JULY 19, 1982, AMENDING RESOLUTION NO. 6986 ADOPTED ON OCTOBER 19, 1981, AMENDING RESOLUTION NO. 6749 ADOPTED ON JANUARY 5, 1981, AMENDING RESOLUTION NO. 6617 ADOPTED ON AUGUST 18, 1980, AMENDING RESOLUTION NO. 6534 ADOPTED ON APRIL 7, 1980, AMENDING RESOLUTION NO. 6430 ADOPTED ON JANUARY 2, 1979, AMENDING RESOLUTION NO. 6161 ADOPTED ON NOVEMBER 6, 1978, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A SHOPPING CENTER FOR PROPERTY ZONED PUD, PLANNED UNIT DEVELOPMENT DISTRICT, LOCATED AT 8020-8440 HIGHWAY 7 FINDINGS WHEREAS, Minnesota Teachers Realty (Lance Inc., General Growth Development Corporation and Knollwood Company) has made application to the City Council for a special permit under Section 14-124.101 of the St. Louis Park Ordinance Code to allow a shopping center at 8020-8440 Highway 7 within a PUD, Planned Unit Development District District having the following legal description: Property located in the Planned Unit Development District bounded by the northerly line of Highway 7, the easterly line of Aquila, the southerly line of West 36th Street and the westerly line of Texas Avenue (Abstract) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 78 -130 -SP, 80 -96 -SP, 81 -89 -SP, 82 -20 -SP, 83 -15 -SP, 85- 63 -SP and 86 -29 -SP) and the effect of the proposed shopping center on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 85-177 of the St. Louis Park City Council dated October 21, 1985 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 85-177 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-177 (filed as Document No. 5046605) is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting shopping center within the PUD, Planned Unit Development District District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with the following exhibits except as modified below: Exhibit A - Site Plan and Landscape Plan; Exhibit B - Detail Landscape Plan; Sheets S2 and S3 and a plan acceptable to the City for berming the landscaped area shall be submitted on or before September 15, 1978; Exhibit C - Elevation Plan; Exhibit D - Sign Plan; and a drainage plan acceptable to the City shall be submitted. (Exhibits are on file in the City Development Department at the City of St. Louis Park.) 2. An additional thirteen feet be dedicated along the west side of Texas Avenue for the upgrading of Texas Avenue as shown on the Texas Avenue Alternative IIA, as modified, thereby providing 24 feet between the curb line and westerly edge of the setback area if the street were widened to 52 feet and the easterly curb remains in its present location. Curb cut for Texas Avenue driveway as shown on Sheet S2 will be permitted. 3. There shall be no outside storage of trash except in the utility courtyard located at the east end of the center. 4. New parking lot lights on the east and northerly sides of the proposed mall shall not be more than 35 feet in height measuring from the parking lot grade to the top of the luminaire. 5. An automatic public safety alarm system to detect burglary or intrusion, meeting the city public safety requirements, shall be installed or a full-time security person shall be employed to keep the building secure during hours which the center is closed. 6. Except for the Wards garden shop as shown on the approved site plan, sales shall not be conducted out of doors unless specific approval is granted by the City Council, and such sales shall not last for more than three days nor more than twelve days in any single calendar year. 7. The construction of the mall and additional shops shall commence prior to September 15, 1979, or prior to completion of the Wards store, whichever occurs first and shall be completed by October 15, 1980. 8. With respect to the stone wall constructed by the applicant adjacent to 36th Street, the applicant agrees to hold the City harmless in connection with the City maintenance, repair or reconstruction of public utilities adjacent to West 36th Street in the easement area for drainage and sewer purposes on the Knollwood Shopping Center site, described in Document No. 3679988, to the extent attributable to the wall. 9. Provide the following fire safety: a. Repair all existing fire walls and separations promptly upon receipt of notice of specific violations of code. b. Fire alarms to be installed according to NEPA. c. Smoke and heat detection alarms are to be installed in existing areas. d. Install an automatic fire extinguishing system in the entire center, both new and existing, or provide a deluge or other NEPA-approved system to provide a water curtain between existing and new development and install an automatic fire extinguishing system in the entire new portion. e. If basement areas are to be used for retail sales to the public (in old section), such areas shall have an automatic fire extinguishing system. 10.. The developer shall provide evidence of insurance for subterranean damage to structures caused by construction. 11. The pylon signs, shown on the site plan as being deleted, are hereby reinstated until ' such time as the tenant vacates or until December 31, 1985. However, said signs shall ' be removed prior to such date if required by amendments to the St. Louis Park Ordinance Code. 12. All improvements, including landscaping, buildings, parking lot construction and roadways in the Wards area (school property) shall be completed by October 15, 1979; all other facilities shall be completed by October 15, 1980. 13. Landscaping shall be provided along Texas Avenue and W. 36th Street in accordance with Exhibit "E", detailed landscape plan identified as Alternative II; prepared by General Growth Companies and dated August 25, 1978. 14. The elevations and exterior treatment of the Montgomery Wards store shall be in accordance with Exhibit F - Sheet S4, Revised Elevations, dated August 14, 1978. 15. The site shall be graded in the northeastern quadrant in accordance with Revised Drainage Plan, dated October 23, 1978, labeled Sheet S7b. 16. The developer shall work jointly with the City in the development of a detailed ' landscaping and screening plan for the portion of the site on the north side of the Montgomery Ward building between the parking lot and W. 36th Street, and the final landscaping plan shall be presented to the City Council by June 1, 1979. 17. The developer is hereby allowed to make adjustments in the parking lot—said adjustments consisting of changes to the landscaped parking islands as shown on Exhibit G as modified by the Planning Department on September 14, 1979. Said exhibit is only applicable to the parking lot changes as shown on said exhibit. 18. Modifications to the exterior elevations (consisting of changes to the entrance area including skylight facilities) are hereby approved as shown on Exhibit H. The exterior walls shall be 3/4" plaster with joints approximately every ten feet except for Montgomery Wards Department Store, Powers Department Store, or other brick walls. Said plaster walls shall be maintained to correct any visible cracking not in the joints, loss of plaster through spalling or other action, and the exterior "coloring/painting" shall be maintained to prevent or correct peeling, flaking or similar action. Said walls shall be completed by October 15, 1980. 19. The slip -off ramp adjacent to the north side of Highway 7 is conditionally accepted as constructed until August 30, 1980. Prior to said date, the City will review and monitor traffic conditions at this location and may require changes to the slip -off ' ramp as a result of such review and monitoring. 20. Modifications to the Sign Plan (Exhibit D) are hereby approved as shown on Sheet A- 10, Exterior Sign Design and Sheet A-11, Location Drawing, both dated 9/20/79. All work related to the signs shown on sheets A-10 and A-11 shall be completed by June 15, 1980. 21. That Condition No. 19 be deleted. 22. That a Class III Restaurant and four screen theater be permitted provided that: a. The theaters be limited to a maximum total of 1,300 seats and be developed in accordance with the general layouts shown on Exhibits I, J, K, and L, Theater Layout Concept Plans. b. The restaurant be limited to 10,000 square feet (gross) and 6,000 square feet net chargeable area (dining area.) c. The theater and restaurant, signage for same, (except the reader board) and landscaping be constructed and maintained in accordance with Exhibit M, Site and Landscape Plan (revised 11/17/80); Exhibits N and 0, Landscape Plans (revised 11/17/80); Exhibit P, Elevvations (revised 11/17/80); and Exhibit Q, Signage Plan (revised 11/17/80) (except for the reader board). d. All landscaping be completed by June 15, 1981. e. All construction and improvements related to the theaters and restaurant, including signage be completed by December 15, 1981. f. Additional trees be planted on the south side of 36th Street in conjunction with a suitable plan acceptable to the Planning Department. The concept of a reader board be accepted with the understanding that staff and the developer work out a definitive plan which complies with the Zoning Ordinance and signage intent in the PUD District. 23. That a Class II Restaurant with a floor area of 1,335 square feet and a net floor area of 756 square feet be allowed in accordance with the following conditions: a. That the restaurant shall be developed in accordance with Exhibit R - Location Drawing, and Exhibit S - Floor Plan. b. That the improvements shall be completed by May 30, 1982. 24. That an amusement center not to exceed 1,667 square feet of gross floor area be permitted subject to the following conditions: a. Location and area shall be in accordance with the attached Exhibit T - Amusement Center. b. Hours of operation shall be limited to shopping center hours established for the retail shops. The shopping center hours are defined to be those hours "designated by Knollwood Mall for general retail traffic excluding uses such as restaurant and theater services. c. Supervision shall be provided by at least one adult who shall be within the amusement center at all hours during operation and who shall be responsible for maintaining order and service to customers. g. 25. That Space Number 254 is hereby authorized to be used for a Class IV Restaurant containing no more than 4,721 of gross square feet and no more than 2,233 of net square feet subject to the following conditions: a. The use of the space shall be as shown on Exhibit U. b. The emergency door accessible by the public shall be retained as a single leaf metal door without window opening, said door shall have an emergency panic latch with alarm, and said door shall remain continuously closed except for emergency purposes. c. There shall be no modification to the exterior of the building. d. All trash generated by said Class IV Restaurant shall be moved to and stored in the central trash room located in the food court. Trash pick-up by a hauler at the emergency doors on the south wall is prohibited. e. There shall be no exterior sign identifying said Class IV Restaurant. f. That the adequacy of security be reviewed six months after the Certificate of Occupancy has been issued. 26. That Space No. 346 is hereby authorized to be expanded approximately 135 square feet at the entrance area and the exterior be modified consistent with the exterior materials on Knollwood Mall subject to the following conditions: a. The area of expansion is limited to the area as shown on Exhibit U - Remodeling Plan, and Exhibit V - Elevations. b. That all exterior signs be consistent with the sign policy. c. That the improvements as shown on the plans be completed by October 15, 1983. 27. That the adopted sign policy be amended with respect to sign area permitted for the convenience center portion of the development described as Space No. 321 through 346 on an interim basis until a completed plan is finalized: Category I: Those tenants which are 15,000 square feet and larger and have a store front in excess of 80 lineal feet. Signage shall not exceed 70% of width of store front nor shall it have letters exceeding 42" in height. All new signs will be individually cut, internally illuminated letters mounted on the sign face. Category II: Those tenants containing less than 15,000 square feet and having less than 80 lineal feet of store front. Signage shall not exceed 80% of the width of the store front nor exceed 24" in height. All new signs will be individually cut, internally illuminated letters mounted on the sign face. 28. That a mansard roof and canopy be allowed for the convenience center of the mall as shown on Exhibit W - Convenience Center Elevations. Said work to be completed by October 15, 1985. 29. The site may be developed, used and maintained in accordance with Exhibit X - Leasing Plan, showing designated kiosk areas; and Exhibit Y - Sidewalk, Paving and Landscaping Plan. a. A maximum of twelve kiosks may be located within the designated areas, provided that the square footage of such kiosks does not exceed 3,000 square feet. b. No kiosk will be permitted to be constructed or located which has a canopy, roof or other structure above the facility. c. A minimum of ten feet of clear floor area shall be maintained around each individual kiosk structure. Where possible, a clear floor area of 12 feet shall be maintained. d. The number of kiosks permitted shall include both temporary and permanent facilities. e. The location of any new kiosk to be placed shall be reviewed and approved by the fire marshal. f. All landscaping improvements shall be completed by May 30, 1986. 30. That tenant space No. 260 is hereby authorized to be used for a Class IV restaurant containing no more than 570 gross feet of floor area and no more than 90 net square feet, and as modified by the following: a. This space shall be used as shown on Exhibit V - Equipment Electrical and Plumbing Plan and Exhibit W - Knollwood Mall Tenant Space Designation. b. No exterior signage advertising this restaurant shall be permitted. c. All trash generated by said Class IV restaurant shall be moved to and stored in the central trash room located in the food court. d. No exterior access to this space shall be permitted. e. The restaurant use is limited to the area designated as restaurant on the exhibit and no tables are allowed in the mall corridor at this location. Adopted by the City Council June 16, 1986 Reviewed for administration: sf. Approved as to form and legality: ty Manager • City Attorney 5