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HomeMy WebLinkAbout96-86 - ADMIN Resolution - City Council - 1996/06/03RESOLUTION NO. 96-86 A RESOLUTION RESCINDING RESOLUTION NO. 95-104 ADOPTED ON AUGUST 21, 1995, AND AMENDING A CONTINUED SPECIAL PERMIT UNDER SECTIONS 14.8-6.4 and 14.5-5 3(D)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CHANGES TO THE EXTERIOR ELEVATIONS FOR TWO APPROVED RESTAURANTS WITH LIQUOR FOR PROPERTY LOCATED IN A C-2 COMMERCIAL DISTRICT AT 8332 STATE HIGHWAY NO 7 FINDINGS WHEREAS, General Growth Management, Inc. has made application to the City Council to amend a continued special permit under Sections 14:8-6.4 and 14:5-5.3(D)(4) of the St. Louis Park Ordinance Code to allow changes to the extenor elevations for two approved restaurants at 8332 State Highway No. 7 within a C-2 Commercial District having the following legal descnption: Commencing at mtersection of North line of South 1/2 of Southeast 1/4 of Section 18, Township 117, Range 21 with center line of Aquila Avenue; thence Southerly along said center line to Northerly line of State Highway No. 7; thence Easterly along said Northerly line to West line of East 417.62 feet of South 1/2 of Southeast 1/4, thence North along said West line to south line of North 499.5 feet thereof; thence West along said South line to West line of East 783 feet of South 1/2 of Southeast 1/4; thence North along West line thereof to North line thereof thence West to beginning, except roads (Abstract) WHEREAS, the City Council has considered the information related to Planning Case No. 96 -12 -CUP and the effect of the proposed amended continued special permit 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 95-104 adopted on August 21, 1995 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng 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. 95-104 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, WHEREAS, the contents of Planning Case File 96 -12 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No 95-104 filed as Document No. 6471174 is hereby rescmded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting modifications to the exterior elevations for the two approved restaurants with liquor to an existing shopping center within the C-2 Commercial 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 shalt 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 hereoy reinstated until such time as the tenant vacates or until December 31, 1985. However, said signs shall be removed prior to such date if req•iired 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 S 7 b. 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 Seotemper 14, 1979. Said exhibit is only applicable to the parking loz changes as shown on said exhibit. 18. Modifications to the exterior elevations (consisting of cnanges to the entrance area including skylight facilities) are hereby approved as shown on Exhibit H. The exterior walls shall be 3/4" piaster 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 visiole cracking not in the joints, loss of plaster through spelling 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 Oc:ober 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 morutoring. 20. Modifications to the Sign Pian (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. g. 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. 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 0 - 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 Exnibit X - Leasing Plan, showing designated kiosk areas; and Exnibit 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 oe reviewed and approved by the fire marshal. f. All landscaping improvements shalt be completed by May 30, 1936. 30. That tenant space No. 260 is hereby authorized to be used for a Class IV restaurant containing no more than 570 gross Peet 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 - Equipcsent 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. 31. That Exhibit A - Site Plan and Landscape Plan is hereby amended to permit a utility structure with a total floor area not to exceed 1,300 square feet (approximately 600 square feet larger than approved on the original PUD Plan) in the utility court area south of Montgomery Wards. 32. That the food court restaurant area is hereby permitted to be 13,800 gross square feet (including the aisle extending from the north entrance into the mall, or 12,120 gross square feet deducting 1,680 square feet for the 12 -foot wide aisle) as originally intended and as understood at the time the original special permit was approved. 33. That tenant space number 3431 is hereby authorized to be used for a Class IV restaurant containing no more than 1578 gross square feet of floor area and no more than 452 net square feet. 34. This space shall be used as shown on Exhibit X, Floor Plan; Exhibit Y, Dimensioned Floor Plan; Exhibit Z. Knollwood Tenant Space. 35. All trash generated by said Class W restaurant shall be stored in the central trash facility of Knollwood Mall. 36. That all improvements covered by conditions 33 through 35 be completed by December 31, 1989. 37. That Tenant Retail Space No. 323 is hereby authorized to be expanded by 3,910 square feet subject to the following conditions: a. The retail space expansion shall be developed, used and maintained in accordance with Exhibit AA - Floor Plan Modification and Exhibit BB - Elevations, such documents incorporated by reference herein. b. Following completion of the street reconstruction project, landscaping along the northerly property line shall be restored so as to be in substantial compliance with Exhibit CC - Landscape Plan. c. The applicant shall relocate the utilities, vacate the required portion of the existing easement and dedicate replacement easement before this special permit amendment shall become effective. d. All improvements in Conditions 37 a, b and c shall be completed prior to issuance of a Certificate of Occupancy. 38. That the Food Court which is authorized by Condition No. 32 and includes tenant spaces 111, 113, 115, 117, 119, 121, 123, 125, 127, 128, 129 and 130 and the open area beteen these tenant spaces, be exempted from compliance with the Floor Plan - Exhibit AA, provided, however, that only restaurants without liquor may occupy the Food Court. 39. The continued special permit shall be amended pursuant to Planning Case No. 95 -30 -CUP to permit an amendment to a continued special permit subject to the following conditions: a. The site shall be developed, used and maintamed in accordance with Exhibit DD - Current Site Layout, Exhibit EE - Partial Landscape Plan, Exhibit FF - Exterior Elevations (Kohls), Exhibit GG - Extenor Elevations (T.J. Maxx), Exhibit HH - Landscape Inventory, except as amended by condition b. such documents incorporated by reference herein. Restriping or other similar modifications to the existing parking areas, which increases the number of available parking stalls, is permitted subject to City staff review and approval. Such modifications cannot reduce interior landscaped or bufferyard areas. b. A Certificate of Occupancy shall not be issued for any leasing or re-leasing of property which results in an increase in the parking reduction granted by Resolution No. 91-194 based upon standards for parking established by the Zoning Ordinance on December 31, 1992. c. Upon adoption of a Zoning Ordinance amendment which permits a shopping center with a gross floor area of over 200,000 sq.ft. by P.U.D., no building permits shall be issued which modify either the building footprint or gross floor area of the structures unless a P.U.D., and related development agreement, are approved for the site. 40. The continued special permit shall be amended pursuant to Planning Case No. 96 -12 -CUP to pennit an amendnent to a continued special permit subject to the following conditions: a. The site shall be developed, used and maintained m accordance with Exhibit II - Applebee's Extenor Elevation and Exhibit JJ - No Name Pizza Exterior Elevation, except as amended by condition b.; such documents incorporated by reference herein. b. Prior to issuance of building permits for No Name Pizza, the Zoning Administrator shall approve an alternate, hard surfaced brick for the exterior wainscotting of the restaurant. ATTEST Reviewed for administration: 96-12-CUP:RES 10 Adopted by the City Council June 3, 1996 Approved as to form and execution: CITY OF J ST. LOUIS PARK 6615566 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1) The attached is a full, true and correct copy of the original Resolution No. gh_Rh adopted 6/3/96 , 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. (SEAL) Diane L. Pete , Deputy City Clerk July 17. 1996 Date TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES JUL S0 1996 BY 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone. 612-924-2500 Fax 612-924-2170 Panted on recycled paper 661556(Q RESOLUTION NO. �0 - (J A RESOLUTION RESCINDING RESOLUTION NO. 95-104 ADOPTED ON AUGUST 21, 1995, AND AMENDING A CONTINUED SPECIAL PERMIT UNDER SECTIONS 14:8-6.4 and 14 5-5.3(D)(4) OF THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CHANGES TO THE EXTERIOR ELEVATIONS FOR TWO APPROVED RESTAURANTS WITH LIQUOR FOR PROPERTY LOCATED IN A C-2 COMMERCIAL DISTRICT AT 8332 STATE HIGHWAY NO 7 FINDINGS WHEREAS, General Growth Management, Inc. has made application to the City Council to amend a continued special permit under Sections 14:8-6.4 and 14:5-5.3(D)(4) of the St. Louis Park Ordinance Code to allow changes to the exterior elevations for two approved restaurants at 8332 State Highway No. 7 withm a C-2 Commercial District having the following legal description: Commencing at intersection of North line of South 1/2 of Southeast 1/4 of Section 18, Township 117, Range 21 with center line of Aquila Avenue; thence Southerly along said center line to Northerly line of State Highway No. 7; thence Easterly along said Northerly line to West line of East 417.62 feet of South 1/2 of Southeast 1/4, thence North along said West line to south line of North 499.5 feet thereof; thence West along said South line to West line of East 783 feet of South 1/2 of Southeast 1/4; thence North along West line thereof to North line thereof, thence West to beguuung, except roads (Abstract) WHEREAS, the City Council has considered the information related to Planning Case No. 96 -12 -CUP and the effect of the proposed amended continued special permit 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. 95-104 adopted on August 21, 1995 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 95-104 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case File 96 -12 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 95-104 filed as Document No. 6471174 is hereby rescinded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting modifications to the exterior elevations for the two approved restaurants with liquor to an existing shopping center within the C-2 Commercial District at the location descnbed above based on the following conditions: .y. . 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 the east end of. the center. of trash except in the utility courtyard located at 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 puolic 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 sucn 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 Knollwooa Shopping Center site, described in Document No. 3679988, to the extent attributable-• to the wall. 9. Provide the following fire safety: N 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 sate plan as being deleted, are hereoy reinstated until such time as the tenant vacates or until Decemoer 31, 1985. However, said signs shall be removed prior to such date if req'iired 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, laoeled Sheet S 7 b. 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 Ict and W. 36th Street, and the final landscaping plan shall be presentee 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 Seotemoer 14, 1979. Said exhiott is only applicable to the parking lot changes es shown on said exhibit. 18. Modifications to the exterior elevations (consisting of cnanges to the entrance area including skylight facilities) are hereby approved as shown on Exhibit H. The exterior walls shall be 3/4" piaster 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 visiole cracking not in the joints, loss of plaster through spelling or other action, and the exterior "coloring painting" shall be maintained to prevent or correct peeling, flaking or similar action. Said walls shall oe 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 -I1, 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 ibe 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. g - 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 5 - 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. 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 Exaibtt 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 whicn 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 oe reviewed and approved by the fire marshal. f. All landscaping improvements shall be completed by May 30, 1936. 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 - Equipiaent 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. 31. That Exhibit A - Site Plan and Landscape Plan is hereby amended to permit a utility structure with a total floor area not to exceed 1,300 square feet (approximately 600 square feet larger than approved on the .original PUD Plan) in -the -utility court area south of Montgomery Wards. 32. That the food court restaurant area is hereby permitted to be 13,800 gross square feet (including the aisle extending from the north entrance into the mall, or 12,120 gross square feet deducting 1,680 square feet for the 12 -foot wide aisle) as originally intended and as understood at the time the original special permit was approved. 33. That tenant space number 3431 is hereby authorized to be used for a Class IV restaurant containing no more than 1578 gross square feet of floor area and no more than 452 net square feet. 34. This space shall be used as shown on Exhibit X, Floor Plan; Exhibit Y, Dimensioned Floor Plan; Exhibit Z, Knollwood Tenant Space. 35. All trash generated by said Class IV restaurant shall be stored in the central trash facility of Knollwood Mall. 36. That all improvements covered by conditions 33 through 35 be completed by December 31, 1989. 37. That Tenant Retail Space No. 323 is hereby authorized to be expanded by 3,910 square feet subject to the following conditions: a. The retail space expansion shall be developed, used and maintained in accordance with Exhibit AA - Floor Plan Modification and Exhibit BB - Elevations, such documents incorporated by reference herein. b. Following completion of the street reconstruction project, landscaping along the northerly property line shall be restored so as to be in substantial compliance with Exhibit CC - Landscape Plan. c. The applicant shall relocate the utilities, vacate the required portion of the existing easement and dedicate replacement easement before this special permit amendment shall become effective. d. All improvements in Conditions 37 a, b and c shall be completed prior to issuance of a Certificate of Occupancy. 38. That the Food Court which is authorized by Condition No. 32 and includes tenant spaces 111, 113, 115, 117, 119, 121, 123, 125, 127, 128, 129 and 130 and the open area beteen these tenant spaces, be exempted from compliance with the Floor Plan - F thibit AA, provided, however, that only restaurants without liquor may occupy the Food Court. 39 The continued special permit shall be amended pursuant to Planning Case No. 95 -30 -CUP to permit an amendment to a continued special permit subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit DD - Current Site Layout, Exhibit EE - Partial Landscape Plan, Exhibit FF - Exterior Elevations (Kohls), Exhibit GG - Exterior Elevations (T.J. Maxx), Exhibit HH - Landscape Inventory, except as amended by condition b. such documents incorporated by reference herein. Restnpmg or other similar modifications to the existing parking areas, which increases the number of available parking stalls, is permitted subject to City staff review and approval. Such modifications cannot reduce interior landscaped or bufferyard areas. b. A Certificate of Occupancy shall not be issued for any leasing or re-leasing of property which results in an increase in the parking reduction granted by Resolution No. 91-194 based upon standards for parking established by the Zoning Ordinance on December 31, 1992. c. Upon adoption of a Zoning Ordinance amendment which permits a shopping center with a gross floor area .of over 200,000 sq.ft. by P.U.D., no building permits shall be issued which modify either the building footprint or gross floor area of the structures unless a P.U.D., and related development agreement, are approved for the site. 40. The continued special permit shall be amended pursuant to Planning Case No. 96 -12 -CUP to permit an amendnent to a continued special permit subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit II - Applebee's Exterior Elevation and Exhibit JJ - No Name Pizza Exterior Elevation, except as amended by condition b., such documents incorporated by reference herein. b. Prior to issuance of building permits for No Name Pizza, the Zoning Administrator shall approve an alternate, hard surfaced brick for the exterior wainscotting of the restaurant. ATTEST: /s/Joanne Kutzler City Clerk Reviewed for administration: U h �P� /s/Charles W Meer City Manager 96-12-C UP:RES 19 g l9 Adopted by the City Council June 3, 1996 /s/Gail A Dorfman Mayor Approved as to form and execution: /s/Wayne Popham City Attorney i ria " :I 66155e6 (-4tYki9/ /0 R C FEE / —�1 CC,?FEE / — 47 06615566 :, C 0 4 50 S �I_ DG- `16 00 2Hi �i�_=ire 13_: �} 7 L1r�T� -1 j tires _� =1 'iU SG GUG 11y Io. 113 " '1,6615566 PXV9f',ic_ Nt- . , • RESOLUTION NO. 96-86 A RESOLUTION RESCINDING RESOLUTION NO. 95-104 ADOPTED ON AUGUST 21, 1995, AND AMENDING A CONTINUED SPECIAL PERMIT UNDER SECTIONS 14.8-6.4 and 14.5-5 3(D)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CHANGES TO THE EXTERIOR ELEVATIONS FOR TWO APPROVED RESTAURANTS WITH LIQUOR FOR PROPERTY LOCATED IN A C-2 COMMERCIAL DISTRICT AT 8332 STATE HIGHWAY NO 7 FINDINGS WHEREAS, General Growth Management, Inc. has made application to the City Council to amend a continued special permit under Sections 14:8-6.4 and 14:5-5.3(D)(4) of the St. Louis Park Ordinance Code to allow changes to the extenor elevations for two approved restaurants at 8332 State Highway No. 7 within a C-2 Commercial District having the following legal description. - Commencing at intersection of North line of South 1/2 of Southeast 1/4 of Section 18, Township 117, Range 21 with center line of Aquila Avenue; thence Southerly along said center line to Northerly line of State Highway No. 7; thence Easterly along said Northerly line to West line of East 417 62 feet of South 1/2 of Southeast 1/4, thence North along said West line to south line of North 499.5 feet thereof; thence West along said South line to West line of East 783 feet of South 1/2 of Southeast 1/4; thence North along West line thereof to North line thereof, thence West to beginning, except roads (Abstract) WHEREAS, the City Council has considered the information related to Planning Case No. 96 -12 -CUP and the effect of the proposed amended continued special permit 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. 95-104 adopted on August 21, 1995 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 95-104 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, WHEREAS, the contents of Planning Case File 96 -12 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 95-104 filed as Document No. 6471174 is hereby rescinded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting modifications to the exterior elevations for the two approved restaurants with liquor to an existing shopping center within the C-2 Commercial 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 es shown on the Texas Avenue Alternative QA, 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 puolic 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 a approval approved site plan, sales ,shall not be conducted out of doors unless specific is granted by the .City, Council, and sucn 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 Knollwooa 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 hereoy reinstated until -such time as the tenant vacates or until Decemoer 31, 1985.. However, said signs shall - - be =removed' prior to such date if req•iired 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 i• n 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, laoeled Sheet S7 b. 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 ouilding between the parking Ict-arid W: 36th Street, and the final landscaping plan shall be presentee to the City Council by June 1, 1979.- 171 -The developer is hereby allowed to make adjustments , in the- ''adjustments consisting of changes. to the landscaped parking islandsas parking lot ns n o Exhibit G as `modified by the Planning Department onSeptember14,19 79. Said exhioit is only applicable to the parking lo: changes es shown on said exhibit. 18. Modifications to the exterior elevations (consisting of cnanges to the entrance area including -skylight facilities) are hereby approved as shown on Exhibit H. The exterior walls shall be 3/4" piaster wi:h 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 visiole cracking not in the joints, loss of plaster through spelling 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 ane may require changes to the slip -off ramp as a result of such review and moru:oring. 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 1-10 and A-11 shall be completed oy June 15, 1980. _21. _That Condition No. 19"be deleted. ID 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. g. 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. 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. v 't 6 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, 2?. 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,- interna* illuminated letters _mounted. on the• sigh -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 Exriibit 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 whicn 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 oe reviewed, and approved by the fire marshal. f. All landscaping improvements shalt be completed by May 30, 1936. 30. That tenant space No. 260 is hereby authorized to be used for a Class IV restaurant containing no more than 570 gross Peet of floor area and no more than 90 net square feet, and as modified by the following: a. This space shall oe used as shown on Exhibit V - Equiprsent 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. 31. That Exhibit A - Site Plan and Landscape Plan is hereby amended to permit a utility structure with a total floor area not to. exceed 1,300 square, feet (approximately 600 -square feet larger than aparoved on the original PUD Plan) in the utility court area south of Montgomery Wards. 32. That the food court restaurant area is hereby permitted to be 13,800 gross square feet (including the aisle extending from the north entrance into the mall, or 12,120 gross square feet deducting 1,680 square feet for the 12 -foot wide aisle) as originally intended and as understood at the time the original special permit was approved. 33. That, tenant space number 3431 is hereby authorized to 'be used for a Class IV restaurant containing no more than 1578:gross square feet of floor area and no more than 452 net square -feet. 34. This space shall be used as shown on Exhibit X, Floor Plan; Exhibit Y, Dimensioned Floor Plan; Exhibit Z, Knollwood Tenant Space. 35. All trash generated by said Class IV restaurant shall be stored in the central trash facility of Knollwood Mall. 36. That all improvements covered by conditions 33 through 35 be completed by December 31, 1989. 37. That Tenant Retail Space No. 323 is hereby authorized to be expanded by 3,910 square feet subject to the following conditions: a. The retail space expansion shall be developed, used and maintained in accordance with Exhibit AA - Floor Plan Modification and Exhibit BB - Elevations, such documents incorporated by reference herein. b. Following completion of the street reconstruction project, landscaping along the northerly property line shall be restored so as to be in substantial compliance with Exhibit CC - Landscape Plan. c. The applicant shall relocate the utilities, vacate the required portion of the existing easement and dedicate replacement easement before this special' permit amendment shall become effective. , , - d. All improvements in Conditions 37 a, b and c shall be completed prior to issuance of a Certificate of Occupancy. 38. That the Food Court which is authorized by Condition No. 32 and includes tenant spaces 111, 113, 115, 117, 119, 121, 123, 125, 127, 128, 129 and 130 and the open area beteen these tenant spaces, be exempted from compliance with the Floor Plan - Exhibit AA, provided, however, that only restaurants without liquor may occupy the Food Court. 39. The continued special permit shall be amended pursuant to Planning Case No. 95 -30 -CUP to permit an amendment to a continued special permit subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit DD - Current Site Layout, Exhibit EE - Partial Landscape =Plan, Exhibit FF - Exterior Elevations (Kohls), Exhibit GG - Extenor Elevations (T.J. Maxx), Exhibit HH - Landscape Inventory, except as amended by condition b. such documents incorporated by reference herein. Restnpmg or other similar modifications to the existing parking areas, which increases the number of available parking stalls, is permitted subject to City staff review and approval. Such modifications cannot reduce interior landscaped or bufferyard areas. b. A Certificate of Occupancy shall not be issued for any leasing or re-leasmg of property which results in an increase in the parking reduction granted by Resolution No. 91-194 based upon standards for parking established by the Zoning Ordinance on December 31, 1992 c. Upon adoption of a Zoning Ordinance amendment which permits a shopping center with a gross floor area of'over 200,000 sq.ft. by P:U.D., no building 'permits shall be issued which modify either the building footprint or gross floor area of the structures unless a P.U.D., and related development agreement, are approved for the site. 40. The continued special permit shall be amended pursuant to Planning Case No. 96 -12 -CUP to permit an amendnent to a continued special permit subject to the following conditions: a. The, site shall" be developed, used" and maintained 'in- accordance with Exhibit II - -_Applebee's Exterior Elevation and Exhibit JJ -NoName Pizza Exterior.Elevation, except as amended by condition b.; such documents incorporated by reference herein. b. -. Prior to issuance of building permits for No Name Pizza, -the Zoning Admirustrator shall approve an alternate, hard surfaced brick for the exterior wainscotting of the restaurant. ATTEST: Reviewed for administration: 96-12-CUP:RES 10 , Adopted by the City Council June 3, 1996 Approved as to form and execution: /ter CiG City Attorney 7264 j5 OFFICE GF COI ;TY RECO RLJER r,M",REsoTi, i{ [; ''; 00 P- AR -? F'i i 3: 38 -r (AO7035 .UREC AEC FEE � COPY FEE MD 6— Ms. CARat.E S