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HomeMy WebLinkAbout96-89 - ADMIN Resolution - City Council - 1996/06/03RESOLUTION NO. 96-89 A RESOLUTION RESCINDING RESOLUTION NO. 87-89 APPROVED ON JULY 20, 1987 AND APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL DISTRICT, LOCATED AT 1625 ZARTHAN AVENUE WHEREAS, the St. Louis Park City Zoning Ordinance permits shopping centers in excess of 200,000 square feet by Planned Unit Development (PUD) under certain conditions in the C-2 Commerical Zoning District, and WHEREAS, the City Council adopted Resolution No. 96-38 approving the Preliminary PUD on March 18, 1996, and WHEREAS, the City staff were informed on April 12, 1996 that certain environmental remediation would be necessary and such remediation would affect the timing process of demolition of the existing building and resulted in the need to amend the conditions of preliminary approval, and WHEREAS, the City Council adopted Resolution No. 96-71 rescinding Resolution No. 96-38 and approving the Preliminary PUD subject to certain revised conditions on May 6, 1996, and WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on Apnl 26, 1996, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of May 1, 1996, and WHEREAS, the Planning Commission recommended approval of the Final PUD subject to 17 conditions of approval on a 3-1 vote with three members present voting in the affirmative and one member voting against, and WHEREAS, the City Council received an overview from City staff and the City Attorney of the necessary agreements related to the PUD at its May 13, 1996 Study Session, and WHEREAS, the applicant and current and prospective property owners have entered into a development agreement, supplemental development agreements, sidewalk easements agreement, reciprocal easement and operation agreement, and a reversion agreement, which agreement nullifies and voids without any further action required on the part of the City Council the preliminary and final approval if certain conditions are not met. 1 Park: NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis A. Recitals The recitals set forth above are incorporated herein and made part of this resolution B. Findings 1. Ryan Construction Company of Minnesota, Inc , as developer with the consent of the property owner Honeywell, Inc., has made application to the City Council for approval of a Final Planned Unit Development ("Final PUD") within the C-2 General Commercial Zoning District under Section 14 6-7 of the St Louis Park Ordinance for property located at 1625 Zarthan Avenue for the legal description as follows, to -wit: See Exhibit A - Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 95 -51 -PUD) and the effect of the proposed Final PUD 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, the effect of the use on the Comprehensive Plan, with specific consideration given to the Plan By Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3 The City Council has determined that approval of a Final PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed Final PUD is in harmony with the general provisions, purpose and intent of the City's Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14.6-7 2(E). 4. The contents of Planning Case File 95 -51 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. C. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and the findings set forth above, the Approved Final Plans, and subject to the following conditions 2 f 1 1. Issuance of demolition and erosion control permits shall be subject to the following conditions as required in the Environmental Assessment Worksheet (EAW) Resolution and subsequently modified on March 18, 1996 and May 6, 1996 as follows. a. Demolition, hauling and construction activities shall be limited to the hours between 7 00 a m and 4 00 p m on weekdays and 9.00 a m. and 4:00 p.m. on weekends and holidays. b. Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only. c. During demolition of the existing building, the western wall of the building shall be left intact as a sound barrier for as long as practicable. d. Use of explosives shall be prohibited. e. All demolition and construction equipment shall utilize state of the art muffler systems f. On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. 2. Approval of the Preliminary and Final Planned Unit Development and Plat shall be subject to the following conditions as required in the EAW Resolution and subsequently modified on March 18, 1996 and by this resolution as follows. a. Installation of all roadway improvements associated with anticipated traffic from the proposed use and dedication of public right-of-way to accommodate public infrastructure b Adjustments to existing traffic lights, street lights and other utilities. c. Installation of sidewalks along the length of Cedar Lake Road, Park Place Boulevard, 16th Street, and Zarthan Avenue adjacent to the project and connecting to public plaza areas within the site. d. Dedication of drainage and utility easements to a depth of 10 feet back from planned right-of-way and execution of a sidewalks easement agreement. Such sidewalk easements shall extend 1 foot beyond required perimeter sidewalks. e. Installation of on-site directional signs to I-394 and Highway 100 to prevent unnecessary traffic in residential neighborhoods. f. Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7.00 a m. and 10.00 p.m. on weekdays and 9:00 a.m. and 10.00 p.m on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). g. Overnight parking of vehicles, semi -trailers, refrigeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays. 3 h. Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on exterior walls facing residential neighborhoods. In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, operation of these fans shall be terminated until compliance with the City of St Louis Park Noise Ordinance is achieved i Compliance with ordinance provisions relating to exterior lighting and prevention of unnecessary nighttime site lighting j. Compliance with all applicable City ordinance provisions shall be required unless modifications are specifically authorized by this Final Planned Unit Development approval or by more stringent requirements of the development agreement or supplemental development agreements. 3. The following modifications to ordinance requirements are authorized as part of this Final PUD approval. a. Bufferyards are not required between drive through facilities and adjacent properties that are part of the Final PUD. b. The temporary hoop structures associated with Home Depot's "Garden Center" outdoor sales area are not required to be architecturally integrated with the principal building (utilize same building materials) provided masonry walls surrounding the outdoor sales area are provided as shown on the Approved Final Plans. c. A Bufferyard "D" may be substituted for the required Bufferyard "F" between the truck circulation and loading areas for the Retail/Service/Restaurant building on Lot 5 and Park Place Boulevard. d. Buildings are not required to utilize at least 60% brick or other natural stone on each building face but are approved with percentages of brick and other materials as shown on the Approved Final Plans e. Buildings on Lots 2 and 3 may have more than 5% bright, pure accent colors on each facade and are approved with the percentages of accent colors shown on colored elevations "stamped" as received by the City on March 15, 1996 and on April 19, 1996 (Exhibits B2 and B3 of the Approved Final Plans). f. The area of all wall signs may exceed 7% of the building wall area but may not exceed the wall sign area shown on the Approved Final Plans. Exhibit A7 of the Approved Final Plans shall be revised to reduce cumulative wall signage by at least 37 square feet in accordance with the Preliminary PUD approval g. Individual wall signs may exceed 150 square feet but may not exceed the individual wall sign areas shown on the Approved Final Plans h. Two free standing "off-prenuse signs", advertising uses on properties within the PUD only, are allowed as shown on the Approved Final Plans. Such signs are denoted on the Approved Final Plans as "Center Pylon Signs" and also as "Monument Signs" Such signs may also be referenced as "Project Identification Signs" or "Tenant Identification Signs" 4 i. The maximum size of the "Center Pylon Sign" faces may exceed 300 square feet and may be 320 square feet each as shown on the Approved Final Plans. j. The maximum total sign area of the "Center Pylon Signs" may exceed 400 square -.feet and may be 1,280 square feet as shown on the Approved Final Plans. k. One Monument Sign measuring no more than 4 feet 4 inches in height and 16 feet in width and identifying only the name of the Shopping Center may be placed in Outlot A as shown on the Approved Final Plans Such sign shall include seating on one side, shall be faced primarily with brick, and shall not be counted toward the total approved sign areas 1. Exterior lighting spillover may exceed 1 0 footcandle at property lines that abut other properties within the Final PUD but may not exceed ordinance restrictions at property lines that abut properties that are not within the PUD. m. The Bufferyard "D"s separating the in -vehicle sales and service uses (drive- throughs) on Lots 4,5,6,7 and 8 of the Plat from 16th Street and Park Place Boulevard are not required to include a minimum of 95 plant units per 100 linear feet and may include a total of 225 fewer plant units than required as shown on the Approved Final Plans n. Certain canopy trees may be installed at sizes less than 2-1/2" caliper as shown on the Approved Final Plans and such trees shall be given full plant unit credits. o. Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown on the Approved Final Plans and such trees shall be given full plant unit credits. 4 The site shall be developed, used and maintained in accordance with the Approved Final Plans, which are incorporated herein as Exhibits P1, P2, Sl, S2, C1, C2, C3, L 1, L2, L3, L4, L5, Al, A2, A3, A4, A5, A6, A7 as revised by condition 3f of this resolution, A8, A9, F1, F2, F3, F4, F5, F6 ("Park Place Plaza" Monument Sign Detail), B1, B2 and B3, and the following conditions a. MPCA approval of the remediation plan relating to environmental contamination on the site and conformance with the conditions of the approved remediation plan. b. Final PUD approval is contingent upon the developer and current/prospective property owners, including Home Depot, signing the required agreements and conforming with all provisions of the executed special assessment agreements for construction of required off-site improvements, executed development agreement and executed supplemental development agreements that cover all on-site improvements within the PUD in accordance with Section 14:6-7.5(F), executed sidewalk easements agreement, executed reciprocal easements and operation agreement, and the executed reversion agreement. Wherever there is a conflict between the requirements of any of said documents, City Code, and/or this resolution, the more stringent requirements shall apply c. The type and colors of all exterior building materials (including building facades, canopies, screen walls, fences, trash enclosures, and permanent exterior signage) throughout the Final PUD must match those adopted as part of the Approved Final Plans, and no exterior building materials other than doors may be surface painted (this requirement does not prohibit the use of standing seam metal with a baked 5 enamel finish, as approved) Said doors shall be painted to match the approved brick or rock face block color All exterior building materials must be maintained in an aesthetic manner as determined in the sole discretion of the City d. Wherever brick is denoted on the Approved Final Plans, a full 4" thick face brick must be applied in a masonry technique except that an alternative brick application, face brick cast in structural panels, is specifically approved for the Home Depot building on Lot 2 The alternative brick application for Lot 2 must match the color, texture and visual aesthetics of the brick used throughout the remainder of the PUD e. Permanent exterior signage is limited to that shown on the Approved Final Plans. Additional window signage, temporary banners and the like are restricted in accordance with the terms of the "Maintenance and Operational Restrictions" Exhibit of the development agreement and supplemental development agreements. f. All light poles must be included within curbed areas g. All rooftop equipment must be screened from ground level view using parapet walls and all rooftop equipment must be painted to match the color of the rooftop to ensure that it is minimally visible from nearby office towers. h. Prior to issuance of any building permits, the developer must reimburse the City for all costs incurred by the City in connection with processing the applicant's PUD, and preparation and implementation of the development agreements and associated agreements i. In lieu of meeting certain bufferyard requirements as waived in Paragraph 31 above, the developer shall donate 225 plant uruts to the City in the form of twenty 2-1/2" canopy trees by June 1, 1997 for use on nearby lands to provide screening of the project. j. The subsequent phase of the PUD is approved in concept only as including 110,000 square feet of gross retail building area, 495 parking spaces and 55 proof of parking spaces on Lot 1 The details of the subsequent phase shall be reviewed as a minor amendment to the approved Final PUD, unless additional off-site impacts or modifications to Code or PUD requirements are anticipated, in which case, the details of the subsequent phase shall be reviewed as a major amendment In either case, the City Council reserves the right to hold a public hearing regarding the subsequent phase. The subsequent phase shall require amendment to the development agreement and/or supplemental development agreement for Lot 1. k. No administrative subdivision of any property within the PUD shall be granted due to the interrelatedness of the PUD, plat, and Approved Final Plans. 1. The developer and/or property owner shall dedicate, at no expense to the City, any right-of-way which may be necessary and required in the future to facilitate improvements at the intersection of 16th Street and Zarthan Avenue and/or to provide access from Cedar LakeRoad into the PUD Developer and/or property owner shall be responsible for the costs associated with these potential future improvements based upon the benefit to the project and/or the demands the project has placed on the roadway system. Any such improvements would require a major amendment to the Approved Final Plans for the PUD 6 m. The developer and/or owner shall obtain all necessary permits to complete any further required environmental remediation of the site and undertake said remediation pursuant to local, state and federal regulations, as applicable. n. The developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, demolition permit, building permits, and erosion control permit. o The developer shall obtain approval by the Minnehaha Creek Watershed District as well as any other approvals required by state and federal agencies, including the required Indirect Source Permit, and the developer shall comply with all conditions of said approvals and permits p. The Final Plat shall be submitted to the County for recording prior to initiating any site work relating to construction of the PUD project, evidence of filing of the final plat or other assurances pertaining to required easements shall be presented to the City prior to issuance of any permits other than demolition and associated temporary noise permits. q. The Preliminary and Final Plat are inherent components of the Preliminary and Final PUD approvals and are subject to the conditions of Preliminary and Final PUD approval and the Approved Final Plans. Access to the platted properties shall be limited to the means provided in the Approved Final Plans. r. No certificate of occupancy for any building in the PUD shall be issued until all the circulation drives and internal sidewalks throughout the PUD and all the improvements, other than landscaping and wear coat of asphalt, for that building's lot, have been installed and accepted by the City. All landscaping on the lot shall be completed within one (1) year from the date the certificate of occupany is issued. s. The general public shall have the right to utilize the internal sidewalks for pedestrian access, including walking bicycles, through the PUD property and for access to the outdoor seating plaza, which shall remain available to the general public in perpetuity for passive recreational use that is not disruptive to the operation of the shopping center No provision of the reciprocal easement and operations agreement shall be interpreted as overriding this requirement. t. The Approved Final Plan Exhibits may be revised to include a 4,450 square feet Arby's restaurant on Lot 4 in accordance with the plans reviewed by the Planning Commission on May 1, 1996, and further revised as follows: to clarify building materials; to ensure that building materials match materials used throughout the remainder of the development; and to reduce the width of the metal door on the rear elevation to a maximum of 8 feet. u. The obligations and conditions herein imposed on the developer by this Final PUD shall also apply to any property owner, successor or assign. v. The City may enforce any provision of this resolution in the same manner as provided for a violation of the City's Zoning Ordinance and/or as provided in the development agreement or supplemental development agreements. 7 Revievyed by administration. City Manager 7511JJ•RES10 Adopted by the City Council June 3, 1996 4. ikakt-- I 8 Mayor Approved as to form and execution: City Attorney EXHIBIT A -- LEGAL DESCRIPTION That part of Government lot 1. Sertinn 9. Terse. -.hep 117. P.ingn 21. and that part of Government Lot 3. Section 4. Township I17. Range 21. described As beginning at the northeast earner of said Government Lot 1: thence Southerly along thn East leer of •.a,.1 Government Lot 1 a distance of 345.06 fent: thence lle^.terly deflecting to the right at an anal. of 75 degrees 04 minutes 03 s•eonds a distance of 54.22 feet: thn Westerly on a tangential eurvn to the right having a radius of 716.71 feet a distance of 741.36 feet: thence northwesterly tangent to last described ererv' a distance of 723.63 fent: thenen ilorthwesterly on a tangential curve to thn left having a radius of 715.59 feet a dtstanrn of 26°.70 !net; thence Westerly nn a tangential curve to the. left having a radtun of 325.53 fee► a distanre of 115.24 foot to the West line of said Government Lot 3: thence northerly along the Wont line of said Government Lot 3 to the tlnrthe.inr.t corner thereof; thence Easterly along the north line of said Government Lot 3 to the northeast corner thereof: thence Southerly along the East line of said Government Lot 3 to the point of beginning; arcordtng to the Government Survey thereof. except that part thereof which lies easterly. southeasterly and southerly of a line drawn parallel with and 22 feet westerly. northwesterly. and northerly of the following described line: Commencing at the northeast . f Section 9. Township 117. Range 21: thnnro+ run southerly along the past line of said Snrtion ° for a distance of 49.02 feet: thence deflect right at an angle of 90 degrees for a di tance of 21.27 fent: thence deflect left at an angle of 90 degrees for a distance of 100 feet to the actual point of beginning of the line being described: thence deflect right along a tangential curve having a radius of 150 feet (delta angle 33 decrees 29 minutes 59 seconds) for a distance of 231.69 feet: thence deflect 1 degree M i J.w-iits 46 feet 40 seconds right from a tangent of the last dosnribgd curve for a distance of 47.99 feet; thence deflect 1 degree 46 minutes 40 seconds right for a distance of 76.97 fent: thence deflect right along a tangential curve having a radius of 636.62 feet (delta angle 2? degrees 09 minutes 07 seconds) for a distance of 323.91 feet; thence deflect right along a compound curve having a radius of 794.51 feet (delta angle 17 degrees 27 minutes 19 seconds) for a distance of 242.05 fent: 1/11 thence tangent to said curve for a distance of I50 feet and there, terminating. except the )forth 03.00 feet of Government Lot 3. in said 5a.teor, 4. and n..repr that part of the West 750 feet of .he, above described property lying South of the north 503.00 feat of Govrreim..nt lot 3. said Sei.lion. Subject to a street easement in favor of the City of St. Louis Park over the East 40 feet of the above promises: Subject to a spur track easement in favor of Great northern Ral•lway Company as presently located over the above premises which easement runs in a straight line from the east line of above prpmISes to a point 163 feet East of the West line of the above premises and adjacent to the South side of the building located upon the above promises which building es commonly known as Park Space Center, 1626 Vernon Avenue. St. Louis Park: Subject to the encumbrances. liens and interest noted by the memorial underwritten or endorsed hereon: and subject to the following rights or oncumbranren subsisting. an provided in the twenty-fourth Section of "An act conrnrning the registration of land and the title thereto" of the General laws of the State of (Minnesota far the year 1905. and the amendments thereof. namely: 1. Lions. claims or rights arising under the laws or the constitution of the United States. which the statures of this state rannot require to appear of record. 2. The lien of any tax or special assessment for which the land has not hope sold at the date of the certificate of title. 3. Any lease for a period not exceeding three years. when there es actual occupation of the premises under the lease. 4. All rights en public highways upon the land. 5. Such right of appeal or right to appear and contest the application as is allowed by law. 6. The rights of any person en possession under deed or contract for deed from the owner of the certificate of title. (Torrens Cert. No. 627109) Case 95 -51 -PUD Page 1 of 2 EXHIBIT A -- LEGAL DESCRIPTION rar 1: The North 503.00 feet of Government Lot 8, Statin 4, Tm.nahlp 117 North. Range 21 West of the Fifth Prtnc1pel Ilerldl•n, +ceordtng to the Government Survey thereof. Per 2: That part of the West 730.00 feet of the following described property lying South of the North 303.00 feet of Government Lot 8, 'taction 4, Township 117, Range 21: That part of Government Int 1. Section 9, Townehlp 117, Range 21. n4(1 that pert of Government Lot 8, Sectt.n 4, Townehlp 117, Range 21, described as beginntng at the Northeast corner of said government lot 1: thence Southerly along the Rant Line of sold Government Lot 1 s dletnnce of 343.06 fees: thence Westerly deflecting to the right •e an angle of 73 degrees 09 minutes OS seconds • distance of 56.22 feet: thence Westerly on • tangential curve to the right having a radius of 716.71 feet • distance of 741.36 feet: thence Northwest, tnnnent to last described curve a dl f 723.68 feet: thence Northwesterly on s tangential curve to the left having • radius of 713 • feet a distance of 269.70 feet; thence Westerly on • tangential curve to the left having • radius of 325.33 feet • dtaeance of 113.24 fe.' to the West Line of sold Government Lot 8; thence Northerly along the West line of said Government Lot 8 to the Northwest corner thereof thence Easterly along the North tine of said Government Lot 8 to the Northeast corner thereof: thence Southerly along the Enet line of sa' Government lot 8 to the point of beginning; according to the Government Survey thereof, except that pert thereof which lies easterly, southeasterly and southerly of a line drawn parallel with and 22 feet westerly. northwesterly, and northerly of the following described 11 Commencing at the northeast corner of Section 9. Township 117, Range 21; thence run southerly along the east line of said Section 9 for a dintance of 49.02 feet; thence deflect right •t •n angle of 90 degrees for is distance of 21.27 feet; thence deflect left at an angle of 9' degrees for a di 1 100 feet to the actual point of beginning of the line being described; thence deflect right along • tangentl•L curve having a radius of 150 feet (delta angle 88'29'39") for • distance of 231.69 feet; thence deflect 1'46'40" right from ■ tangent of last described curve for a di 1 47.99 feet; thence deflect 1'46'40" right for • distance of 76.97 feet: thence deflect right along ■ tangential curve having a radius of 636.62 feet (delta angle 29'09'07") for a distance of 323.91 feet; thence deflect tight along a compound curve having a radius of 794.31 feet (delta angle 17'27'19") for • distance of 242.05 feet: thence tangent to said curve for e di f 150 feet and there terminating. Subject to a street eepment in favor of the City of Q. Ionia Park over the West 33 feet of the above premtaea' Subject to s spur track easement Ln favor of Greet Northern Railway Company as presently located over the above premises which ...comment runs Ln of straight line from the east lime of above premises to • point 163 feet Ens! of the West line of the above premises end •wljecent to the South side of the building located upon the above premises which building is commonly known •a Park Space Center. 1626 Vernon A . St. Louis Park; • (Torrens Cert No. 611984) Case NO. 95 -51 -PUD Page 2 of 2 L CITY OF ST. Lours P 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. 96-89 , 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) {i �AA i/��1. 'lane -ers7 Deputy City Clerk 7/17/96 Date 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax 612-924-2170 Printed on recycled paper RESOLUTION NO. 96-89 A RESOLUTION RESCINDING RESOLUTION NO. 87-89 APPROVED ON JULY 20, 1987 AND APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL DISTRICT, LOCATED AT 1625 ZARTHAN AVENUE WHEREAS, the St. Louis Park City Zoning Ordinance permits shopping centers in excess of 200,000 square feet by Planned Unit Development (PUD) under certain conditions in the C-2 Commerical Zoning District, and WHEREAS, the City Council adopted Resolution No. 96-38 approving the Preliminary PUD on March 18, 1996, and WHEREAS, the City staff were informed on April 12, 1996 that certain environmental remediation would be necessary and such remediation would affect the timing process of demolition of the existing building and resulted in the need to amend the conditions of preliminary approval, and WHEREAS, the City Council adopted Resolution No. 96-71 rescinding Resolution No. 96-38 and approving the Preliminary PUD subject to certain revised conditions on May 6, 1996, and WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on April 26, 1996, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of May 1, 1996, and WHEREAS, the Planning Commission recommended approval of the Final PUD subject to 17 conditions of approval on a 3-1 vote with three members present voting in the affirmative and one member voting against, and WHEREAS, the City Council received an overview from City staff and the City Attorney of the necessary agreements related to the PUD at its May 13, 1996 Study Session, and WHEREAS, the applicant and current and prospective property owners have entered into a development agreement, supplemental development agreements, sidewalk easements agreement, reciprocal easement and operation agreement, and a reversion agreement, which agreement nullifies and voids without any further action required on the part of the City Council the preliminary and final approval if certain conditions are not met. Park - NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis A. Recitals The recitals set forth above are incorporated herein and made'part of this resolution. B. Findings 1. Ryan Construction Company of Nfinnesota, Inc., as developer with the consent of the property owner Honeywell, Inc., has made application to the City Council for approval of a Final Planned Unit Development ("Final PUD") within the C-2 General Commercial Zoning District under Section 14:6-7 of the St. Louis Park Ordinance for property located at 1625 Zarthan Avenue for the legal description as follows, to=wit: See Exhibit A - Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 95 -51 -PUD) and the effect of the proposed Final PUD 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, the effect of the use on the Comprehensive Plan, with specific consideration given to the Plan By Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3 The City Council has determined that approval of a Final PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed Final PUD is in harmony with the general provisions, purpose and intent of the City's Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4 The contents of Planning Case File 95 -51 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. C. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and the findings set forth above, the Approved Final Plans, and subject to the following conditions: 2 1. Issuance of demolition and erosion control permits shall be subject to the following conditions as required in the Environmental Assessment Worksheet (EAW) Resolution and subsequently modified on March 18, 1996 and May 6, 1996 as follows: a. Demolition, hauling and construction activities shall be limited to the hours between 7.00 a.m. and 4.00 p m. on weekdays and 9:00 a.m. and 4:00 p.m. on weekends and holidays. b. Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only. c. During demolition of the existing building, the western wall of the building shall be left intact as a sound barrier for as long as practicable. d Use of explosives shall be prohibited. e. All demolition and construction equipment shall utilize state of the (art muffler systems. f. On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. 2. Approval of the Preliminary and Final Planned Unit Development and Plat shall be subject to the following conditions as required in the EAW Resolution and subsequently modified on March 18, 1996 and by this resolution as follows: a. Installation of all roadway improvements associated with anticipated traffic from the proposed use and dedication of public right-of-way to accommodate public infrastructure . b Adjustments to existing traffic lights, street lights and other utilities. c. Installation of sidewalks along the length of Cedar Lake Road, Park Place Boulevard, 16th Street, and Zarthan Avenue adjacent to the project and connecting to public plaza areas within the site. d. Dedication of drainage and utility easements to a depth of 10 feet back from planned right-of-way and execution of a sidewalks easement agreement. Such sidewalk easements shall extend 1 foot beyond required perimeter sidewalks. e. Installation of on-site directional signs to I-394 and Highway 100 to prevent unnecessary traffic in residential neighborhoods. _ f. Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). g Overnight parking of vehicles, semi -trailers, refrigeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays 3 h. Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on exterior walls facing residential neighborhoods. In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, operation of these fans shall be terminated until compliance with the City of St. Louis Park Noise Ordinance is achieved. i Compliance with ordinance provisions relating to exterior lighting and prevention _ of unnecessary nighttime site lighting. j. Compliance with all applicable City ordinance provisions shall be required unless modifications are specifically authorized by this Final Planned Unit Development approval or by more stringent requirements of the development agreement or supplemental development agreements. 3. The following modifications to ordinance requirements are authorized as part of this Final PUD approval: a. Bufferyards are not required between drive through facilities and adjacent properties that are part of the Final PUD. b. The temporary hoop structures associated with Home Depot's "Garden Center" outdoor sales area are not required to be architecturally integrated with the principal building (utilize same building materials) provided masonry walls surrounding the outdoor sales area are provided as shown on the Approved Final Plans. c. A Bufferyard "D" may be substituted for the required Bufferyard "F" between the truck circulation and loading areas for the Retail/Service/Restaurant building on Lot 5 and Park Place Boulevard. d. Buildings are not required to utilize at least 60% brick or other natural stone on each building face but are approved with percentages of brick and other materials as shown on the Approved Final Plans. e. Buildings on Lots 2 and 3 may have more than 5% bright, pure accent colors on each facade and are approved with the percentages of accent colors shown on colored elevations "stamped" as received by the City on March 15, 1996 and on April 19, 1996 (Exhibits B2 and B3 of the Approved Final Plans). f. The area of all wall signs may exceed 7% of the building wall area but may not exceed the wall sign area shown on the Approved Final Plans. Exhibit A7 of the Approved Final Plans shall be revised to reduce cumulative wall signage by at least 37 square feet in accordance with the Preliminary PUD approval. g. Individual wall signs may exceed 150 square feet but may not exceed the individual wall sign areas shown on the Approved Final Plans. h. Two free standing "off -premise signs", advertising uses on properties within the PUD only, are allowed as shown on the Approved Final Plans. Such signs are denoted on the Approved Final Plans as "Center Pylon Signs" and also as "Monument Signs". Such signs may also be referenced as "Project Identification Signs" or "Tenant Identification Signs" 4 i. The maximum size of the "Center Pylon Sign" faces may exceed 300 square feet and may be 320 square feet each as shown on the Approved Final Plans. j. The maximum total sign area of the "Center Pylon Signs" may exceed 400 square feet and may be 1,280 square feet as shown on the Approved Final Plans. k. One Monument Sign measuring no more than 4 feet 4 inches in height and 16 feet in width and identifying only the name of the Shopping Center may be placed in Outlot A as shown on the Approved Final Plans. Such sign shall include seating on one side, shall be faced primarily with brick, and shall not be counted toward the total approved sign areas. 1. Exterior lighting spillover may exceed 1.0 footcandle at property lines that abut other properties within the Final PUD but may not exceed ordinance restrictions at property lines that abut properties that are not within the PUD. m. The Bufferyard "D"s separating the in -vehicle sales and service uses (drive- throughs) on Lots 4,5,6,7 and 8 of the Plat from 16th Street and Park Place Boulevard are not required to include a minimum of 95 plant units per 100 linear feet and may include a total of 225 fewer plant units than required as shown on the Approved Final Plans. n. Certain canopy trees may be installed at sizes less than 2-1/2" caliper as shown on the Approved Final Plans and such trees shall be given full plant unit credits. o. Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown on the Approved Final Plans and such trees shall be given full plant unit credits. 4. The site shall be developed, used and maintained in accordance with the Approved Final Plans, which are incorporated herein as Exhibits P1, P2, Si, S2, C1, C2, C3, L1, L2, L3, L4, L5, Al, A2, A3, A4, A5, A6, A7 as revised by condition 3f of this resolution, A8, A9, F1, F2, F3, F4, F5, F6 ("Park Place Plaza" Monument Sign Detail), B1, B2 and B3, and the following conditions: a. MPCA approval of the remediation plan relating to environmental contamination on the site and conformance with the conditions of the approved remediation plan. b. Final PUD approval is contingent upon the developer and current/prospective property owners, including Home Depot, signing the required agreements and conforming with all provisions of the executed special assessment agreements for construction of required off-site improvements, executed development agreement and executed supplemental development agreements that cover all on-site improvements within the PUD in accordance with Section 14:6-7.5(F), executed sidewalk easements agreement, executed reciprocal easements and operation agreement, and the executed reversion agreement. Wherever there is a conflict between the requirements of any of said documents, City Code, and/or this resolution, the more stringent requirements shall apply. c. The type and colors of all exterior building materials (including building facades, canopies, screen walls, fences, trash enclosures, and permanent exterior signage) throughout the Final PUD must match those adopted as part of the Approved Final Plans, and no exterior building materials other than doors may be surface painted (this requirement does not prohibit the use of standing seam metal with a baked 5 enamel finish, as approved). Said doors shall be painted to match the approved brick or rock face block color. All exterior building materials must be maintained in an aesthetic manner as determined in the sole discretion of the City d. Wherever brick is denoted on the Approved Final Plans, a full 4" thick face brick must be applied in a masonry technique except that an alternative brick application, face brick cast in structural panels, is specifically approved for the Home Depot building on Lot 2. The alternative brick application for Lot 2 must match the color, texture and visual aesthetics of the brick used throughout the remainder of the PUD e. Permanent exterior signage is limited to that shown on the Approved Final Plans. Additional window signage, temporary banners and the like are restricted in accordance with the terms of the "Maintenance and Operational Restrictions" Exhibit of the development agreement and supplemental development agreements. f. All light poles must be included within curbed areas. g. All rooftop equipment must be screened from ground level view using parapet walls and all rouftop equipment must be painted to match the color of the rooftop to ensure that it is minimally visible from nearby office towers. h. Prior to issuance of any building permits, the developer must reimburse the City for all costs incurred by the City in connection with processing the applicant's PUD, and preparation and implementation of the development agreements and associated agreements. i. In lieu of meeting certain bufferyard requirements as waived in Paragraph 31 above, the developer shall donate 225 plant units to the City in the form of twenty 2-1/2" canopy trees by June 1, 1997 for use on nearby lands to provide screening of the project. j. The subsequent phase of the PUD is approved in concept only as including 110,000 square feet of gross retail building area, 495 parking spaces and 55 proof of parking spaces on Lot 1. The details of the subsequent phase shall be reviewed as a minor amendment to the approved Final PUD, unless additional off-site impacts or modifications to Code or PUD requirements are anticipated, in which case, the details of the subsequent phase shall be reviewed as a major amendment. In either case, the City Council reserves the right to hold a public hearing regarding the subsequent phase. The subsequent phase shall require amendment to the development agreement and/or supplemental development agreement for Lot 1. _ k. No administrative subdivision of any property within the PUD shall be granted due to the interrelatedness of the PUD, plat, and Approved Final Plans. 1. The developer and/or property owner shall dedicate, at no expense to the City, any right-of-way which may be necessary and required in the future to facilitate improvements at the intersection of 16th Street and.Zarthan Avenue and/or to provide access from Cedar LakeRoad into the PUD Developer and/or property owner shall be responsible for the costs associated with these potential future improvements based upon the benefit to the project and/or the demands the project has placed on the roadway system. Any such improvements would require a major amendment to the Approved Final Plans for the PUD 6 m. The developer and/or owner shall obtain all necessary permits to complete any further required environmental remediation of the site and undertake said remediation pursuant to local, state and federal regulations, as applicable. n. The developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, demolition permit, building permits, and erosion control permit. o. The developer shall obtain approval by the Minnehaha Creek Watershed District _ as well as any other approvals required by state and federal agencies, including the required Indirect Source Permit, and the developer shall comply with all conditions of said approvals and permits. p. The Final Plat shall be submitted to the County for recording prior to initiating any site work relating to construction of the PUD project; evidence of filing of the final plat or other assurances pertaining to required easements shall be presented to the City prior to issuance of any permits other than demolition and associated temporary noise permits . q. The Preliminary and Final Plat are inherent components of the Preliminary and Final PUD approvals and are subject to the conditions of Preliminary and Final PUD approval and the Approved Final Plans Access to the platted properties shall be limited to the means provided in the Approved Final Plans. r. No certificate of occupancy for any building in the PUD shall be issued until all the circulation drives and internal sidewalks throughout the PUD and all the improvements, other than landscaping and wear coat of asphalt, for that building's lot, have been installed and accepted by the City. All landscaping on the lot shall be completed within one (1) year from the date the certificate of occupany is issued. s. The general public shall have the right to utilize the internal sidewalks for pedestrian access, including walking bicycles, through the PUD property and for access to the outdoor seating plaza, which shall remain available to the general public in perpetuity for passive recreational use that is not disruptive to the operation of the shopping center No provision of the reciprocal easement and operations agreement shall be interpreted as overriding this requirement. t. The Approved Final Plan Exhibits may be revised to include a 4,450 square feet Arby's restaurant on Lot 4 in accordance with the plans reviewed by the Planning Commission on May 1, 1996, and further revised as follows: to clarify building materials; to ensure that building materials match materials used throughout the remainder of the development; and to reduce the width of the metal door on the rear elevation to a maximum of 8 feet. u. The obligations and conditions herein imposed on the developer by this Final PUD shall also apply to any property owner, successor or assign. v. The City may enforce any provision of this resolution in the same manner as provided for a violation of the City's Zoning Ordinance and/or as provided in the development agreement or supplemental development agreements. 7 Adopted by the City Council June 3, 1996 /c/Gail A norfmar ATTEST: Mayor /s/Joanne Kutzler City Clerk Reviewed by administration: /s/Charles W Meyer Approved as to form and execution: Js/Wayne Pnpham City Manager City Attorney 7511JJ:RES 10 8 That part of Lot 8. Se.-tton 4. Gov ormmmnt Lot 1: EXHIBIT A -- LEGAL DESCRIPTION G t Lot 1. Se'rtton 9. Township 117. Pana. 21. and that part Totrnship 117. Rang.' 21. descrtbnd as hogtrintnq at thn northeast thane= So•rtherly along the' East line of said Government Lot 1 A of Gnvormmon t r of said drstanro of 365.06 foot: thence Westerly deflecting to the' right at an anal.' of 75 deorn.s Oe minutes 03 seconds a distance of 54.22 feat: the.nre Wa:terly on a tanoontial cvrvn •o the right having a radius of 716.71 feet a distance of 761.3G font: thence tlor►hwosterly tangent to last dnsrrrhnd a distance of 723.68 font: thence northwesterly on a tang.•ntial curve to the' loft having a of 715.59 Foot a distanrA of 264.70 fnr..t; theme' Masterly on a tana.ntial curve' to the' lnft curve radius having thence thane" thence to the Southerly of a lino drawn parallel with and 22 foot wantnrly. following described lino: Commencing at the northaant . thoneo run so•itheely along the vast line of said Snrtion 9 for a deflect right at an angle' of 90 degrees for a diitanca of 21.27 feet: thence angle of 90 degrees for a distance of 100 feet to the actual point of beginning of described: thence deflect right along a tangential curve' having a radius of 150 feet dn(la.:t 1 degree a radius of 325.53 font a distanro of 115.24 feat northerly along the' Wont lino of said G t Easterly along the' north line of Said Govormmont Southerly along the East lino of Said Government Govormmont Survey thereof. oec opt that part the're'of which northwontnrly. and northerly of tha to the. Nast Lot 3 to Lot 3 to Lot 3 to 1tn. of said Govnrnmont Lot 3: the' tie. thwnnt thereof; the' ilorthenst corner thereof; tho point of beginning: according lies easterly. southoastnrly and f Soetion 9. Township 117. Randa distance of 49.02 foot: thenen deflect loft at an the lino being (delta 21: angle 33 de'arees 29 minute's 59 seconds) for a distance of 231.6* foot: thence. 46 fes• 40 seconds right from a tangent of the last described eurvn for a distance of 47.99 feat: thence deflect 1 degree 46 minutes 40 seconds right for a distance of 76.97 foot: thoncn deflect right along a tanganttal curve having a radius of 636.62 foot tdolta angle' 29 do rods 09 minute's 07 Socendst For a distance of 323.71 font: thrnco deflect right along a compound curve having a radius of 794.51 feet (delta angle' 17 degrees 27 minutes 19 seconds) for a distance of 242.05 feet) 'hone.' tangent to said curve" for a distance of 150 feet and there terminating. ascppt the' Horth 13.00 feet of Government Lot 3. in said Sor:tion 4. and a•.r.p► that part of the Nast 750 font of aha nbova descrtbnd property lying South of the north 503.00 feet of Gover•trm..nt Lot 3. said Se'e.LIen. Sub)oct to a straot aasemont in favor of the' City of St. Louis Park over the' East 40 foot of the above prnmisos: Sublet:t to a spur track oanom.nt to favor of Great Itorthnrn Railway Company as p tly located over the above promises which easement runs in a straight lino from tho east line 04 above premise's to a point 163 feat East of the Wost line of the above prnmisos and advice/It to the South 3rd0 of thv building located upon the above promises which building is commonly known as Park Space Cantor. 1626 V Avenue. St. Louis Park: Sub)eet to the encumbrances. liens and interest noted by the memorial underwritten or endorsed hereon: And sub3.et to the following rights or encumbran.:ps subsisting. as provided in the twnnty-fourth sa.:tion of "An act eonr:orning the registration of land and the title thereto" of the General laws of thr States of Minnesota for the year 1905. and the amendments thereof. namely: 1. Liens. Claims or rights arising under the lawn or the constitution of the Unifad States. which the statutes Of 2. The' lion of certrfirate this state Cannot require' to appear of record. any tax or spacial assossmont for whtch the land has not bean sold at tha data of the' of title. 3. Any lease for a period not exceeding throe years. when there is actual occupation of the premises under the lease. 4. All rights in public highways upon the land. 5. Such right of appeal or right to appoir and contest the application as is allot.rnd by law. 6. Tho rights of any person in possession under do•d or contract for dead from the' manor of the Certificate of title". (Torrens Cert. No. 627109) Case 95 -51 -PUD Page 1 of 2 EXHIBIT A -- LEGAL DESCRIPTION Par l: The North 503.00 feet of Government lot e, Sectinn 4, Toenahlp 117 North, Range 21 West of the Fifth Prtnetpal IIeridlan, according to the Government Survey thereof. :1E2: That part of the West 730.00 feet of the following described property lying South of the North 303.00 feet of Government lac e. Section 4, Tawn•hlp 117, Range 21: '[fine part of Government Lot 1, Section 9. Townahlp 117. Range 21, and that part of Government let e. Section 4, Townahtp 117. Range 21, described as beginning •e the Inrtheast career of said Government tot 1; thence Southerly along the Swat line of said Government Let 1 a distance of 343.06 feet: thence Westerly deflecting to the rtghc at an angle of 73 degrees 09 otnuta• CS seconds • distance of 36.22 feet: thence Westerly on • tangential Curve to the right hiving a value of 716.71 feet • distance of 741.36 feet: thence Northwest. tangent to lasc described curve a di f 723.68 feet: thence NIarthweaterly on a tangential cora to the left having • redtue of 71.3.' feet • distance of 269.70 feet: thence Westerly on a tangential curve to the left having • radius of 323.53 feet a dtatance of 115.24 foo: to the West line of sold Government Lot e; thence Northerly along the West itne of sold Government Lot 8 to the Northwest corner thereof thence Easterly along the North line of said Government lot 8 to the Northeast corner thereof; thence Southerly atone the Past line of mai Government fat a to the point of beginning; according to the Government Survey thereof, except that part thereof which Iles easterly. south ly and southerly of • line drawn parallel with and 22 feet weacerly, merthwoterly. and northerly of the following described II Commencing at the northeast corner of Section 9, Township 117. Range 21; thence an southerly atom; the mese line of said Section 9 for a distance of 49.02 feet: thence deflect right et on angle of 90 degrees for a dtstanee of 21.27 feet; thence deflect left at an angle of 9: degrees for f distance of 100 feet to the oetual point of beginning of the line being described: thence deflect right slag • tangential curve having • radtua of 150 feet (delta angle 88'29'39") for • dt•tance of 231.69 feet: thence deflect 1'46'40" right from a tangent of Lase described Curve for • distance of 47.99 feet; thence deflect 1'46'40" right for • dtetance of 76.97 feet; thence deflect right along • tangential curve having a radius of 636.62 feet (delta angle 29'09'07") for a distance of 323.91 feet; thence deflect tight slang • compound Curve having a radtus of 794.31 feet (delta angle 17'27'19'7 for a dtatance of 242.05 feet; thence tangent to said curve for • distance of 150 feet and there terminating. Suhjoct to s street earnement in fever of tha City of St. Gams Park over the West 33 feet of the above promtave: Subject to s spur track easement in favor of Creat Northern Railway Company as presently located over the above premises which "naement runs to • seralght line from the fast lime of above premises to • point 163 feet East of the fest line of the above premises and adjacent to the South We of the building located epee the above painless which building la commonly known as Park Space Center. 1626 Vernon Avenue, St. Louis Park; • (Torrens Cert No. 611984) Case NO. 95 -51 -PUD Page 2 of 2 re - 729070 V -2630 W vot, mat COPY OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON JUL 3 01996 3p ^'1 CUBSSIWASI Of ME �+► DEPUTY c71/ 7 L27