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HomeMy WebLinkAbout98-103 - ADMIN Resolution - City Council - 1998/08/031 RESOLUTION NO. 98 -103 A RESOLUTION AMENDING RESOLUTION NO 96-86 ADOPTED ON JUNE 3, 1996 AND GRANTING A MAJOR AMENDMENT TO A CONTINUED SPECIAL USE PERMIT UNDER SECTION 14 8-6 OF THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A CUB FOODS AND RECONFIGURATION OF THE PARKING LOT AND LOADING AREA FOR PROPERTY LOCATED 1N A C-2 COMMERCIAL DISTRICT AT 8332 STATE HIGHAY NO 7 FINDINGS WHEREAS, Knollwood Company (General Growth Properties and CUB Foods) has made application to the City Council for a major amendment to a continued special use permit under Section 14 8-6 of the St. Louis Park Ordinance Code to allow CUB Foods to occupy the space formerly occupied by Montgomery Wards and the reconfiguration of the parking lot and loading area at 8332 State Highway No. 7 within a C-2 General Commercial Distnct having the following legal description: See Attached Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 98 -16 - CUP and the effect of the proposed CUB Foods and parking lot and loading dock modifications 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 continued special use permit was issued regarding the subject property pursuant to Resolution No. 96-86 of the St. Louis Park City Council dated June 3, 1996 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 continued special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 96-86 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 98 -16 -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 96-86 filed as Document No 6615566 is hereby restated and amended by this resolution which continues and amends a continued special use permit to the subject property for the purposes of permitting CUB Foods and parking lot and loading dock modificaitons within the C-2 General 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 8 - Detail Landscape Plan; Sheets S2 and S3 and a plan acceptable to the City for berming the landscaped area shall be submitted on or before September 15, 1978; Exhibit C - Elevation Plan; Exhibit D - Sign Plan; and a drainage plan acceptable to the City shall be submitted. (Exhibits are on file in the City Development Department at the City of St. Louis Park.) 2. An additional thirteen feet be dedicated along the west side of Texas Avenue for the upgrading of Texas Avenue as shown on the Texas Avenue Alternative IIA, as modified, thereby providing 24 feet between the curb line and westerly edge of the setback area if the street were widened to 52 feet and the easterly curb remains in its present location. Curb cut for Texas Avenue driveway as shown on Sheet S2 will be permitted. 3. There shall be no outside storage of trash except in the utility courtyard located at the east end of the center. 4. New parking lot lights on the east and northerly sides of the proposed mall shall not be more than 35 feet in height measuring from the parking lot grade to the top of the luminaire. 5. An automatic public safety alarm system to detect burglary or intrusion, meeting the city public safety requirements, shall be installed or a full-time security person shall be employed to keep the building secure during hours which the center is closed. 6. Except for the Wards garden shop as shown on the approved site plan, sales shall not be conducted out of doors unless specific approval is granted by the City Council, and such sales shall not last for more than three days nor more than twelve days in any single calendar year. 7. The construction of the mall and additional shoos shall commence prior to September 15, 1979, or prior to completion of the Wards store, whichever occurs first and shall be completed oy Octooer 15, 1980. 8. With respect to the stone Nall constructed oy the applicant adjacent to 36th Street, the applicant agrees to hold the City harmless in connection with the City maintenance, repair or reconstruction of puo[ic utilities adjacent to West 36th Street in the easement area for drainage and sewer purposes on the Knollwooc Shopping Center site, described in Document No. 3679989, to the extent attributable :o the wall. 1 1 i 10, 9. Provide the following fire safety: 1 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 art 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 sucn date if req ared 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 Octooer 15, 1980. 13. Landscaping shall be provided along Texas Avenue and W. 36th Street in accorcance with Exruott "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 ,n accorcance with Revised Drainage Plan, dated October 23, 1978, laoeled Sheet S7b. 16. The developer shall work jointly with the City in the development of a detailed landscaping and screening plan for the portion of the site on the north side of the Montgomery Ward ouilding between the parking lot and W. 36th Street, and the final landscaping plan shall be presented to the City Council oy June 1, 1979. 17. The developer is hereby allowed to make adjustments in the parking lot—said adjustments consisting of changes to the landscapes parking islands as shown on Exhiott G as modified by the Planning Department on Septemoer 14, 1979. Said exhioit is only applicaole to the parking lot changes as shown on said exhibit. 18. Modifications to the exterior elevations (consisting of changes to the entrance area including skylignt facilities) are hereoy approved as snown on Exhiotc H. The e'{tericr walls shall be 3/4" plaster ,vi:h joints approximately every ten feet except for ilontgcmery Wards 'Department Store, Powers De?art:nen: Store, or other brick walls. Said (plaster walls shall oe 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 :s conditionally accepted as constructed until August 30, 1980. Prlar to said date, the City wi l review and monitor traffic conditions at this location anc may require cnarges to the slip -off ramp as a result of such review and ,noru:or:ng. 20. Modifications to the Sign Plan (Exhibit 0) 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 shcwn on sheets A-10 and A-1.1. :hal: ce completed oy June 15, 1930. 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 Y 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 oe in accordance with the attached Exhiott 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 Wall 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 wno snail be responsible for maintaining order and service to customers. t . ,4't ti 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. A11 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 wail 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 Exhioic 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 Octooer 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 [: 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 heignt. All new signs will be individually cut, internally illuminated' letters mounted on the sign face. 28. That a mansard roof ane canopy be allowed for the convenience center of the mall as shown on Exhibit W - Convenience Canter Elevations. Said work to be completed by October 15, 1985. 29. The site may be developed, used and maintained in accordance with Exnibtt X - Leasing Plan, showing designated kiosk areas; and Exnibtt Y - Sidewalk, Paving and Landscaping Plan. a. A maximum of twelve kiosks may be located within the designated areas, provided treat the square footage of such kiosks does not exceed 3,000 square feet. b. No kiosk will oe 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 Boor 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 oe used as shown on Exhibit V - Equipment Electrical and Plumbing Plan and Exhibit W - Knollwood Mall Tenant Space Designation. b. No exterior signage advertising this restaurant snail be permitted. c. A11 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 exhlolt and no taoles are allowed in the mall corridor at this location. 31. That Exhibit A - Site Plan and Landscape Nan 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. That tenant space number 3431 is hereby authorized to be used for a Class IV restaurant contiiring no more than 1578 gross square feet of floor area and no more than 452 net square feet. 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. 33. 34. 1 1 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 contmued special pemut 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 parlung areas, which increases the number of available parking stalls, is permitted subject to City staff review and approval Such modifications cannot reduce intenor 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 footpnnt 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 Extenor Elevation and Exhibit JJ - No Name Pizza Extenor Elevation, except as amended by condition b , such documents incorporated by reference herein b. Pnor to issuance of building permits for No Name Pizza, the Zoning Administrator shall approve an alternate, hard surfaced brick for the extenor wainscotting of the restaurant 4] The continued special use permit shall be amended pursuant to Planing Case No 98 -16 -CUP to incorporate all of the preceding conditions and add the following conditions a The project shall be developed, used and maintained in accordance with Exhibit KK - Site Plan, Exhibit LL - Grading Plan, Exhibit MM - Landscape Plan, Exhibit NN - Proof of Parking Plan, Exhibit 00 - Elevations and Exhibit PP - Rooftop Screening The official exhibits shall reflect changes to the loading areas and parking as shown on the Site and Landscaping Plans,dated as received by the City on July 28, 1998 and the Elevations dated as received by .he City on July 29, 1998 and further revised to include at least 40% evergreens in the bufferyard along 36th Street and to reduce signage to meet Code requirements b The applicant and owner shall sign the assent form and official exhibits prior to issuance of a building permit c Exterior building, rooftop screening, and loading dock screen wall materials and colors shall blend with the existing shopping center and meet all City Code requirements as approved by the Planning Manager prior to issuance of building permits d The applicant shall engineer and pay for the construction of the turn lane modifications to Texas Avenue (nght and through/left turn lanes) and the driveway access modifications at Texas and West 36th Street as described in the Benshoof & Associates project traffic report dated October 8, 1997 The Texas/TH 7 lane and driveway modifications are to be submitted for approval of the City Engineer and Minnesota Department of Transportation If the remaining boulevard width is less than three feet, decorative pavers shall be used in the boulevard rather than plantings All aforementioned improvements shall be operational prior to issuance of an occupancy permit e The applicant shall engineer and pay for the construction of the sidewalk connection along 36th Street from the existing transit shelter east to the entry drive The sidewalk construction plans are to be submitted to the City Engineer for approval and any necessary permits prior to beginning work The sidewalk improvement shall be completed prior to issuance of an occupancy permit f Fire lanes and connections shall be as approved by the Fire Marshal g All food service facilities shall be as approved by the Inspections Department h If parking problems occur, or when directed by the Zoning Administrator, the applicant shall implement the proof of parking plan i No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions) ATTEST /0-4--4-$4.--- Cffy Clerk Reviewed for administration City Manager 98-16 RES12 Adopted by the City Council August 3, 1998 1 all LEGAL DESCRIPTION KNOLLWOOD MALL -- 8332 STATE HIGHWAY NO 7 PARCEL 1: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter. thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 3252 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly right-of-way line of State Trunk Highway No. 7; excepting therefrom the following 5 parcels: 1. That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter, thence North along said East line 499.55 feet more or less to the point of beginning 2. The right-of-way of Texas Avenue; 3. That part of said South Half of the Southeast Quarter described as follows: Beginnng at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be described; thence running South at right angles 192.92 feet-, thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 25236 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a paint in the Northerly right-of-way line of State Trunk Highway No. 7; thence deflecting to the left 52 degrees 5o minutes 30 seconds and running Northeasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feethence to the right 27 degrees 12 minutes and running Northwesterly 23928 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning; 4. That part of said South Half of the Southeast Quarter described as follows: Commencing at the Northwest comer of said South Half of the Southeast Quarter; thence South 87.45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet; thence Norm parallel to the West line of said Southeast Quarter to the North Line of said South Half of the Southeast Quarter; thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following_ Commencing at a point 30 feet Southerly along the quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be Page 1 of 2 LEGAL DESCRIPTION KNOLLWOOD MALL -- 8332 STATE HIGHWAY NO 7 called the point of beginning thence 20 feet Southerly along the quarter line; thence 120.00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its - intersection with the Western right-of-way line of Aquila Avenue; thence Northly along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, then= Westerly along the Southerly right-of-way line of West 36th Street to the point of beginning 5. That part of the said South Half of the Southeast Quarter described as follows: Commenting at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, and the point of beginning of the land to be described; thence continuing Easterly along the last described course a distance of 13.00 feet to the intersection with a line 33.00 feet Westerly of as measured at right angles to and parallel with said Easterly line; thence Southerly parallel with said Easterly line, a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly nght-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the point of beginning according to the United States Government Surrey thereof and situate in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian described as follows: Beginning at a point which is the intersecuon of the West line of Texas Avenue in the Village of St. Louis Park, Mn. and the North line of said South Half of said Southeast Quarter, thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East along the North li=e cf said South Half of said Southeast Quarter a distance of 750 feet to the point of be g, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499.55 feet of the,South Half of the Southeast Quater of Section 18, Township 117 North, Range 21 West of the 5th P.M., except the North 30.00 feet thereof. According to the United States Government Survey thereof and situate in Hennepin County, Minnesota Abstract. PARCEL 3 - Lots 1 and 2., Block 1; . Knollwood Mall 1st Addition, Hennepin County, Minnesota Torrens Page 2 of 2 4.. dpoPlc, ITYLOUIS OF . • • ARK 3266287 Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARIS ) The undersigned hereby certifies the following "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No 98-103, adopted August 3, 1998, 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 Nancy J Sero Deputy City Clerk Date February 10, 2000 OFFICE OF THE REGISTRAR 8D OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON MARCH 23, 2000 9:00 AM MICHAEL H. CUNNIFF, REGISTRAR OF TITLES BY DEPUTY 9 RESOLUTION NO 8 -103 A RESOLUTION AMENDING RESOLUTION NO 96-86 ADOPTED ON JUNE 3, 1996 AND GRANTING A MAJOR AMENDMENT TO A CONTINUED SPECIAL USE PERMIT UNDER SECTION 14 8-6 OF THE ST LOUIS PARK ORDNANCE CODE RELATE NG TO ZONING TO ALLOW A CUB FOODS AND RECONFIGUIL4TION OF THE PARKNG LOT AND LOADING AREA FOR PROPERTY LOCATED].N A C-2 COMMERCIAL DISTRICT AT 8332 STATE HIGHAY NO 7 FINDINGS WHEREAS, Kao11wood Company (General Growth Properties and CUB Foods) has made application to the City Council for a major amendment to a continued special use permit under Section 14 8-6 of the St. Louis Paris Ordinance Code to allow CUB Foods to occupy the space formerly occupied by Montgomery Wards and the reconfiguration of the parking lot and loading area at 3332 State Highway No. 7 within a C-2 General Commercial Distract having the following legal descnpuon. See Attached Legal Descnpuon WHEREAS, the City Council has considered the information related to Planning Case Nos. 98 -16 - CUP and the effect of the proposed CUB Foods and parking lot and loading dock modifications 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 continued special use permit was issued regarding the subject property pursuant to Resolution No 96-86 of the St. Louis Park City Council dated June 3, 1996 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 continued special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 96-86 to add the amendments now required, and to consolidate all conditions applicable to the subject property m this resolution, WHEREAS, the contents of Planning Case File 98 -16 -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 96-86 filed as Document No 6615566 is hereby restated and amended by this resolunon which continues and amends a continued special use perrrut to the subject property for the purposes of permitting CUB Foods and parking lot and loading dock modificaitons within the C-2 General Commercial District at the location described above based on the following conditions: I_ 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 be-rming 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 CL:y shall be submit:ed. (Exnionts are on file in the City Development Department at the City of St. Louis Park.) 2. An additional thirteen fee: be dedicated along the west side of Texas Avenue for the upgrading of Texas A ienue as shown on the Texas Avenue Alter::ative IIA, as modified, thereby providing 24 feet between the curb line and westerly edge of the Setback. _r ria tf the st: et were widened to 52 feet and =the ' easterly: curt) remains in its present location. Curb cut for Texas Avenue driveway as shown on Sheet S2 will be permitted. 3. There snail be no outside storage of trash except in the utility courtyard located at the east end of the center. 4_ New be:king lot ligncs on the east and northerly sides of the ?reposed mall snail 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 -tame security person shall be emptcyed to 'seep 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 doers unless sbec:fic approval is granted by the City Counc:l, and such sales shat not last for more than three days nor more than twelve days in any single calendar year. 7. The cc.^.sz: ic::on of tele =nail and additi0nal snobs sha.1 commence pr:or to September L3, 1979, or prior to completion of Che Ward's store, wnichever occurs first end small be ccr..oiet ov Oc:;,tie 15, 1930. 8. With rescec: co the stone wail constructed :y the acolicant adjacent to 36th,Street, the accucant ag'ees :o hold the City harmless in connection with the City maintenance, repair cr reccnsznIc::on of public utilities adjacent to :Vest 36th St:eec"In :he easement area for drainage anc sewer purposes on :he Knollwooc Shopping Ce^aer site, described in Document 'lc. 30 9909, to the extent at:r:Cu:ac1? :0 the wail. 9. Provide the following fire safety: 1 e. Repair all existing fire walls and specific violations of code. separations promptly upon receipt of notice of b. Fire alarms Co be installed. accorci:,g to N = ? A. c. Smoke and he_: detection alarms are to be installed in existing areas. d_ Inst2i1 an automatic fire ext:ng•itsning system in the entire cent_:, 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 ex::nguisring 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. Thepylon ,signs; shown on the site pian as being deleted, are herecy reinstate. unci suca time as the tenant vacates or until Decemo_r 31, 1983. However, said signs shall be removed prior to such dace if req ares by amendments to the St. Louis Park Ordinance Code. 12. A11 ln:provernen:s, including landscaping, builc:ngs, par1<ii,g let construction and roadways In the Wards area (sc.^.oal property) Il tells _ _y) shoe_ be completed by Oc_ooe_ 15, 1973; all other facilities snail be completed by Oc:ocer 15, 1980. 13. Landscaping shalt_ be provided along Texas Avenue and W. 36th Street in accor`ance with- F.-x:tio.: T*E' . det_lled landscape plan.-lden.__fled a5' Alternative Ii; prepared by • Gene__! Growth Companies_ and dated August 25, 1978. 14. The elevations and exterior treatment of the NIontgomer•: Wards store snail be in accarrance with Exhibit F - Sheet S4, Revised Elevations, dated August 14, 1978. IS. The site shall be graded In the northeaster:, quadrant ,n accordance with Revised Drainage Plan, dat_b October 23, 1978, laceled Sheet 578. 18. The developer snail 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 lot and W. 38th Street, and the final Iandscabing 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 c''.anges to the landscapes parking :s,ands as shown on Exhiolt G as modified by the Planning Department on September 14, 1379. Said exhi is is only appl:caoie co the parking i0: c..^anges as shown on said e`r'-'bit. 18. Modifications to the exterior elevations (consisting of cnai gas to :he entrance area incluci -g setting.^.t :actlit:es) are hereby approves as s,,cw •' on :xn::tt -. The e c:er:cr w?:'.s shall 5e 3, =" piaster _.'. a5t NI1J1r.:5 apprOX:.:,':_ly every C2.^. :_et except :or -itontgomer,: rh ares Oeper:.me' t St;,r, Powers D?•7ar::aer..: Score Or other brick ....,z3115. Said plaster Nails shall ]e Hain:a.ned to cOCr_:: any visible cracking not in the loln:s, - loss 0[ piaster throu5'1 s,.:all"g Or otter act:C', and the exterior "Colaar:ng,'oaincing" snail be .maintained co prevent or correct peeling, flexing or similar action. Said walls sail oe completed by OcV V e r 15, 1980. 19. The slip -off ramp ad;acent to the nor:h side of Highway 7 :s conditionally accepted as ecnstruc:ed until a'ug•,st 30, 1980. Prior to sato date, the C.ty will review and monitor traffic conditions at this location oral may require c'lar.ges to the slip -off rano as a result of sucr: review and monitoring. 20. Madificat:ons to the Stgrt Plan (E.chtoit 0) are Hereby approved as shown an Spee: A- 10, Exterior Sign Design and Sheet A -I1, Location Drawtng, bath dated 9/20/7=. A''1 work related to tate signs 5hcwn on sheets A-10 and A-11 shall tie Car^.Cieted oy June 15, 1930. 21. That Condition -No. 19 be deleted. Z2. That a Class III Restaurant and four screen theater be permitted provided Mat: a. The theaters be limited to a maximum total of 1,300 seats and be developed in accordance with the general layouts shown on Exnibtts 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 to accordance with Exhibit M, Site and Landscape Plan (revised 11/17/80); Exnibtts Y and 0, Landscape Pans (revised 11/17/80); Exhibit P, Eievvatlons (revised 11/17/80); and Exn:bit Q, Signage Plan (revised 11/17/80) (except for the reader boar_). d. All landscaping be completed by June 15, 1981. e. All construction and improvements related to the theaters and restaurant, including signage be completed oy Decernoer 15, 1981. f. Additional trees oe planted on the south side of 36th Street in conjunction with a suitaole plan acceptaole 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 wnicn complies with the Zoning Ordinance and signage Intent to the PUD District. 23. That a Class lI Restaurant .vt th a floor area of 1,333 square feet and a net floor area of 756 square feet be allowed In accordance with the following conditions: a. ' That the restaurant snail be developed to accordance with Exhibit R - Location Drawing, and Exrubtt 3 - Floor Plan. b. That the improvements shall be completed by May 30, 1982. 24. That an amusement center HOC to exceed 1,567 square feet of gross floor area be permitted subject to the following Condit:cns. a. Location and area shall oe :n accordance with the attached Exniott T - Amusement Center. b. Hours of operation shall be limited to shcootng center hours established for the retail shops. The shopping center -hours are defined to be those hours designated by Knollweod Miall for general retail traffic excluding, uses such as restaurant and theater services. c.-Suoernston shall be provided by at least one adult wno shall be within the amusement center at al! hours during operation and wno snail be responsible for maintaining order and serrtce 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 mare than 2,233 of net square feet subject to the followtng conditions: a. The use of the space snail be as shown on Ex.-uott U. b. The emergency door accessible by the public shall be retained as a single .leaf metal door without w:rdcw opening, said door shall have an emergency panic la:zn with alarm, and said door shall remain continuously closed except for emergency purposes. c. There shall be no modification to the exterior of the builr.g. d. All trash genera:ed oy said Class IV Restaurant shall be .:loved to and stored in the central trash rcCm located in the food court. Trasn pick-up by a hauler at the emergency doors on the south wall Is proRibtt . e. Ther_ snail oe no exterior sign tdent:fytng sac Class IV Restaurant. f. That the adequacy of security be reviewed six months alter the Certificate of Occupancy has been issued. 26. That Space No. Sia is hereoy authorized to be expanded approximately 135 square feet at :he entrance area and the exterior be modified cons:s'_nt with the exterior materials on Kno11weod Mall suoject to the following conditions. a. The area ,of expanstcn is limited to the area as shown on ExnLott U - Remodeling Plan, and Exni:t: V - Elevations. b. That all exterior signs be consistent with the sign policy. c. That the improve :an.ts as shown on the plans be completed by Octeoer 13, 1983. 27. That the adopted sign policy be amended with respect to sig: 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: Categarf l: Those tenants NhiC:i are 15,000 square feet and larger and have a store Lr:nL In excess of 80 linea_ fee_. Signage shall not exc2e d 70% of width of store front nor snail it have letters exceeding 42" in heign:_ All new signs will be individually cut, internally illuminated letters mounted on the sign face. Categor: II: Those tenants containing less that. 15,000 square feet and having less than 80 lineal feet of stere front. Signage shall not exceed 80% of the width of the stare front nor exceed 24" in heig-c. All new signs wt11 oe individually cut, Internally illuminated letters mounted on the sign face. 23. That a. mansard roof eno canopy be allowed for the convenience center of the mall as shown on , xniott W - Convenience Center Elevations. Said work to be completed by Octcaer 15, 1985. 29. The site may be developed, used and maintained to acccrcanc_ witn E:ctibtt 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 tnac the square footage of such kiosks does not exceed 3,000 square feet. b. Nc kiosk •will oe pernttt'ed to be constructed or located` wnicn has a canopy, roof or oder structure above the facility. c. A minimum of ten feet of clear floor area shall be maintained around each individual kiosk struc:ure. Where possible, a clear floor area of 12 fee' shall be mai`'ltained. d. The ,number of kiosks permitted shall include both temporary and permanent Cac:ii cies. - e. T`+e location of any new kiosk to be place'' sh ali oe reviewed_and aopcoved by dile_ fire marshal.. f. All landscsping improvements shall oe completed by May 30, 1935. 30. That tenant space '1o. 250 is hereby authorized to be used for a Class IV restaurant containing no more than 570 gross teet of floor area and no more than 90 net square feet, and as modified by the following: a. This space snail oe 1 sed as shown on Exhibit V - Equrpraent Electrical and Plumbing Plan and Exnic,it W - Knollwvood Mall Tenant Space Designation. b. No exterior signage advertising this` restaurant snail be per.int:ed. c. All tr..sh oe^er'_ted cy said Class IV restaurant shall be moved to and stared in the cental trash room located in the food court. d. ; c exterior access to this space shall ce permitted. e. The r estaurar,t use is limited to the area designated as restaurant on the exhiott and no tacles are al'. -owed in the mall _corridor at this location. 31. That Esnicit A - Site Plan and Landscape Plan is hereby ainend'ed" to per" -.zit a utility structure w.t:'i a total floor area not to exceed 1,300 square feet -(approximately 600 square feet larger than approved on the original PVD Plan) in the utility court area south of Montgomery Wars. 32. That the food taut: restaurant ares is hereby permit:ed to be 13,900 gross square feet (including the aisle extending from the north entrance into the mall, or 12,120 gross square feet deducting 1,630 square feet for the 12-fcot wide aisle) as originally intended and as understood at the time the original special permit was approved - 33. That tenant space au*nber 3431 is hereby authorized to be used for a Class IV restaurant more than 1576 gross square feet of moor area and no more than 452 net square feet. , - 34. This space sh a i1 be used as shown on Exhinit X, Floor Plan: it Y, Di=ensioned Floor Pian: Exiubit Z. Knollwood Tenant Space. 35. All tush generated by said Class IV restaurant shall be stored in the central t: ash fAr41icy of Knollwood �raiT 36. Thac 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 szyeet reconstruction projecr. landscaping along the northerly property line shall be restored so as to be in substantial compliance with Exhibit CC - Landscape Plan. c. The applicant shAil relocate the utilities, vacate the required porion. of the existing easement and dedicate replacement easement before this special pert amendment shall become efec-_--ve. 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, 1.23, 125, 127, 1_28, 129 and 13-0 and the open area beceen these tenant spaces, be exempted from coapliArce 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 - Exterior EIevations (T J Main'), Exhibit HH - Landscape Inventory, except as amended by condition b such documents uncororated by reference herein. Restnping or other sunilar modifications to the existing parking areas, which increases the number of available parking sells, is permuted subject to City staff review and approval. Such modifications cannot reduce uitenor 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 perrrut 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 Elevanon and Exhibit JJ - No Name Pizza Exterior EIevation, 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 =tenor wainscotting of the restaurant. 41. The continued special use permit shall be amended pursuant to Planing Case No 98 -16 -CUP to incorporate all of the preceding conditions and add the following conditions - a. The project shall be developed, used and maintained in accordance with Exhibit Imo{ - Site Plan, Exhibit LL - Grading Plan, Exhibit NEVI - Landscape Plan, Exhibit NN - Proof of Parking Plan, Exlubit 00 - Elevations and Exhibit PP - Rooftop Screening The official exhibits shall reflect changes to the loading areas and parking as shown on the Site and Landscaping Plans dated as received by the City on July 28, 1998 and the Elevations dated as received by the City on July 29, 1998 and further revised to include at least 40% evergreens in the bufferyard along 36th Street and to reduce signage to meet Code requirements b. The applicant and owner shall sign the assent form and official exhibits prior to issuance of a building permit - c. ' Exterior building, rooftop screening, and loading dock screen wall materials and colors shall blend with the existing shopping center and meet all City Code requirements as approved by the Planning Manager prior to issuance of building permits d. The applicant shall engineer and pay for the construction of the turn lane modifications to Texas Avenue (right and through/left turn lanes) and the driveway access modifications at Texas and West 36th Street as described in the Benshoof & Associates project traffic report dated October 8, 1997 The Texas/TH 7 lane and driveway modifications are to be submitted for approval of the City Engineer and finnesota Department of Transportation. If the remaining boulevard width is less than three feet, decorative pavers shall be used in the boulevard rather than plantings All aforementioned improvements shall be operational prior to issuance of an occupancy permit e. The applicant shall engineer and pay for the construction of the sidewalk connection along 36th Street from the existing transit shelter east to the entry drive The sidewalk construction plans are to be submitted to the City Engineer for approval and any necessary permits prior to beginning work. The sidewalk improvement shall be completed prior to issuance of,an,occupancy, permit,. f. Fire Ianes and connections shall be as approved by the Fire Marshal. ' g. All food service facilities shall be as approved by the Inspections Department. h. If parking problems occur, or when directed by the Zoning Administrator, the applicant shall implement the proof of parking plan. i. No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions) Y--1 Adopted by the City Council j , 1998 Mayor ATTEST: • ry Clerk ;re, Reviewed for administrauon. 9 84 6 RES12 LEGAL DESCRIPTION KNOLLWOOD MALL — 8332 STATE HIGHWAY NO 7 PARCEL. 1: That part of the South Half of the Southeast Quarter of Sec -ion 18, Township 117 North, Rage 21 `Wiest of the 5th Pr:ncoal Ntendian, which hes North of State Trunk Highway No. 7 and East of the following described lire: Beg*-rr,:ng at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quay ter 87.45 feet; thence deflecting to the left 71 des...-ees 01 7711 -lutes 30 s,coads and running Southeasterly 3252 feet; thence deflecting to the rico-,t50 degees 47 minutes 30 seconds and g Southeasterly 2621 feet; thence dele^.gig to the left 27 de=ees 12 minrunning and running Southeasterly 954.L fee; more or less, to a loom: on the Northerly gait -of -way -line of State Trunk Highway No. 7; excepting therefrom the following 5 partes: 1. That par of said South Half of the Southeast Quarter described as follows: Bev4r7inc at the �iortreast corner of said South Half of the Southeast Quarter,thence =rang West along North Quarter Note line of the said South Half of the Southeast Quaer 783' feet; thence South parallel with the East line of said South Half of the Southeast Quarter 49955 feet; thence East parallel with the Norte` line of said South Half of the Southeast Quarter 783 Eee , sore or less, to a point in the Eazz 1Lne of said South Half of the Southeast Qua -Le., thence North along said r,:�t line 499.55 feet more or to the point of bei Wring 2- The right -of -via; of Te.:as Avenue; 3. That no...t of Said SOL't::: Half of the Southeast eas Quarter des ::bed as fol?ow5 Behrhig at the Nor . comer of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corer of the East seven-eiz. t s of said South Half of the Southeast Quarter, said Northwest corner being the actual ooint of beginning of the tract of land to be described; thence running South at mg= angles 19-'2.92 feet; thence deflecting to the left 21 degrees 57 minutes and 1-1 Southeasterly 252.36 feet; thence dere^:ng to the left 27 degees 12 minutes. and running Southeasterly 954.12 feet, more or less, to a point in the Nortzeriy ti_zat-of-way line of State Trunk Highway No. 7; thence defiec .ng :o the left 52 degrees 5o minutes 30 seconds and running Northeasterly along said right -or -way line 37.6 feet; thence delecting to the left 127 degrees 04 minutes 30 minutes and running Nordzwesteriv 967.c feet- then_° der ec zg to the right 27 degees 1.2 minutes and :Ginning � ortrw r f _ - g ,, este.iy 2 X9_8 gee., theacs deleeiag to the Want 21 degrees 57 minutes and trr-ri-rg Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarte_, which point is 30 feet East of the actual paint of begs . Jng as measured along said North line; thence runnier West along said North line to the actual point of begirt; --Q- 4. Mat oar: of said Scuth Half of the Southeast Quarter described as follows: Cor re-c:.n. at the Northwest comer of szeo South Hai at the Southeast Q1 -12-1 72r; thence Scut 87 45 feet; thence de_iecing to to left 71 de_-ees 00 =i--u—es 30 see nds a distance of 325.2 fee:; nencc North parallel to the West !j e of said Southeast Quarter to the Nor•r_a line of said South Half oI the SOutica t QLarer; thence along. ze North line of =aid South Half OI the Southeast tte �`Q�0n oEbec 7‘'<c_:CL«ng-Corn e*ncn g a; a pC^t 30 fee: CCL.=e: ly aLgthe L.i fro= the. NorthwestcCQer of the Southwest Qua -ter of the Southeast Quarter of Se mon 18, To'wa a:p 117, P.: gc 21, County, N•-- ;e,ota, which wlll.be Pace 1 of 2 • I LEGAL DESCRIPTION ICNOLLWOOD MALL — 8332 STATE HIGHWAY NO 7 called the point of bezinrirg- thence 20 feet Southerly along the quarter lie; thence 120.00 feet Easterly along a lice paralleling the North line of the Southwest Quarter of the. Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seccads carve to the right to its - intersec:iott with the Western right -at -way line of Aquila Avenue; thence Northiy along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarte: , then= Westerly along the Southerly right-of-way line of West 36th Street to the point of beg:si ing 5. That part of the said South Half of the Southeast Quarter deseioed as follows: Comrhe-,dng at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly Line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easter iy line of said South Half of the Southeast Quarter, a distance of 49955 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersec on w-itih- a Line 46.00 feet esteriy of, as measured at rightansies to and parallel with said Easterly line, and the point of be?ring of the land to be described; thence =mooning Easterly along the last descbed course a distort= of 13.00 feet to the intersection with a line 33.00 feet Westerly of as measured at richt angles to andarallel with said Easterly line; thence Southerly parallel with said Easterly Tine, a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly right-of-way line ai �..nce of 20.40 feet to the e:sec on with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the DOLL of be nnirlc; according to the United States Gove:n=ent Surrey hereof and situate in1-ensepin County, Minnesota. PARCEL 2: That pa,, t of the South Half of the Southeast Quarter of Section 18, Towns yip 117 North, Range 21 West of the 5th Princpal Meridian described as follows: Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of SL Loins Part, Mn. and the North line of said South Half of said Southeast Quarter, thence South along the West line of said Texas Avenue a distance of 49955 feet' thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East ,along the North a= c, said South Half of said Southeast Quarter a distance of 750 feet to the point of be g, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499.55 feet of the South Half of the Southeast Quater of Sec -don 18, Township 117 North, Range 21 West of the 5th P.M_, except the North 30.00 feet thereof_ According to the United States Gove^...meat Survey hereof and siruate to Hennepin County, Minneso t:.. Abstract. PARC 13 Lots 1. and 2,Block 1; Tor. en IC=lwoad Mal Ist Addition, Hennepin Count, Minnesota Page 2 of 2 r 7252,906 OFFICE OF COUNTY RECORDER HENNEPIN+ COUNTY. MINNESOTA r-�,ii •-iE r! f : tn � tR l;l' 00 FEB 22 AM 9: 03 ou c,,, :;',Y 7262566 Co. REC. !i' _DEPUTY' Sqg-103 e,,,, v7cy,0 e„,he..a • IP •1997 Westwood Professional Services, Inc. Coll 48 Havre before d4g.i9 GOPHER STATE ONE CALL Tenn Gty Areo 454-0002 Mn Toll Free 1-800-252-1186 i 111 sr. k j71 Is 4'• j . ELECfRkCAL TRANSFORMER LOSE -2 STALLS IQI 7M) Apo! 7;C) ; Z W il Q Q 5 CONC SIDEWALK LOSE 2 STALLS TO TRUCK TURN NEW RETAINING WALL EXIST RETAINING WALL GRAPHIC SCALE I! e (61? ) lath - .a ti iU3. di r \. NDRTH SCREEN WALL LOSE 2 STALLS TO TRUCK TURN EXIST RETAINING WALL DOCKS 1 8 BIKE PARKING NEW RETAINING WALL C.': 4CAR 30' 1 8 8 9 405 CARS • SUPERMARKET (FORMER MONTGOMERY WARDS) VAN A\� lc\' VAN CART CORRALS B BIKE - PARKING LIGHT POLE ( ) VARIOUS STORES Ro22' IN ONLY 7.— GARAGE TO BE REMOVED ( R 1 1t r2 it ••/ CIPIOLLNIM•4110017 4 Q., _r_______,_., .,\ ; l ROPOSED MONUMENT SIGN STORE FRONT SHOPS THE BOOK MARKET 1 I J I t Yip TCF BANK r • y 3 7 1 f3`tr 3 19 1 H ARCHITECTURE 1 ENGINEERING a z J W W Le. NORTHRN OMR a NO. OROS= oe®c .CET IpAaEY C1OF3� PA97335\7335PLP3 10-8-97 2.1624 pm CEN ^1997 Westwood Professional Services, Inc. Call 48 Hours before dlggng• GOPHER STATE ONE CALL Twin City Area 454-0002 Mn Toll Free 1-800-252-1166 1 CD Z w O > Q MH Q 1 'l •1 112.73)' L Z Q Plantings h th s area (other than new additions) ores re—arrangement of proposed plantings per approved planting plan by Kevin G Norby & Associate. 2140 ADO! ', JN 4—GL 3—NW 9—AWS 9—CV 9—BH 9—B11 1B—AWS 9—CV 9—CV 18—ANS 4—GL 14—BH 76 -FF I 29 -AWS i +i1 • SANSEW �S. MH O 97 LEGEND Existing plantings to remain Proposed plantings per approved planting plan by Kevin 6. Norby & Aseouatee, Inc dated 4/22/96 Recommended additions to approved planting pion based on changes In site plan PLANT UST OTY YM KEY COMMON NAME/BOTANICAL NAME NEW. RELOCATED.. DELETED... SIZE/ROOT NW Northwood's Maple/Acer rubrum 5 3 2" 8B 'Northwood s GL Greenspire Linden/TiIia cordata 5 4 2' 8B 'Greenspire. SL Skyline Honeylocust/Gledltsla triacanthos 'Skyline' 4 2' BB JTL Japanese Tree Lilac/Synngo 6 1 1/2' BB Japonica H Hackberry/Celtls occidentals 4 2• BB CV Compact Vibumum/Vibumum trilobum 27 24' Pot BH Bush Honeysuckle/DiervIlla lonlcera 122 62 18' Pot AWS Anthony Waterer Spires/Spiroeo x bumalda 'Anthony Waterer' 219 20 18' Pot DLS Doyiily 'Stella de Oro'/Hemerocallis 100 #1 Pot 'Stella de Oro' DLT Daylily 'Toyland'/Hemerocallis 'Toyiand' 2 25 if, Pot FT Fleeceflower/Polygonum reynoutria 530 #1 Pot Overstory Deciduous Tree 6 Deciduous Shrub 34 Perennial 80 Fleeceflower 115 ±O-DLS 20-DLS ■ r la n.J PROPOSED SUPERMARKE (FORMER MONTGOMERY WARDS) REQUIRED PLANT UNITS IN PARKING LOT 129,600 SF Parking Lot -9000 S 14 4 x 45 = 648 Plant Units CZ c GRAPHIC SCALE 30 w (al P10T) 1 tach - 4O ft e 1, ` -, ^'-`-jYY4F,,rl;:i. n ,';'-`2":5,....4,-.-3-• r-i ti:aX,1`,�...—.'i,"Y33�.,,>„ l,v- ::- �..�.�.."���\.``;l,,\• ms • I 14 ,1 <LS "s/ 1\it ,ir i' ';-". - \ ,1 I I ) \.,.. "fl 111Il 2—.ITL ti Aj. y,r !\ '''',"-91-i yl ' --- 15 -DL- T , 12—DL'( NORTH PROPOSED PLANT UNITS IN PARKING LOT KEY COMMON NAME/BOTANICAL NAME OTY VALUE TOTAL ^A PLANT UNITS SM GL SL JTL H NW BH AWS DLT Sugar Maple/Acer saccharum (Existing) Greenspire Linden/1111a cordata 'Greensplre' Skyline Honeylocust/Gledltsla trlocanthos 'Skyline' Japanese Tree Lilac/Syringo Japonica Hockberry/Celtls occidentals Northwood Maple/Acer rubrum 'Northwood' Bush Honeysuckle/Diervitla lonlcera Anthony Waterer Spireo/Spiraea x bumalda 'Anthony Waterer Dayilly 'Toyland /Hemerocallis 'Toy4and FF Fleecewer/Polygonum reynoutria Illi Ii II 3 1 4 6 4 5 152 201 27 486 13 13 11 8 12 13 1 1 --9 39 13 44 48 48 65 152 201 3 54 Total ".c ( 97227 ) 667 •s • d i di .."ry ^101(a191ac mon) 26—BH - "".. 42- 2—JT1 56—FF ARCHITECTURE 1 ENGINEERING • 4—New Hockberry 12—New 8H 26—AWS 16—New OH 1—NW 10—New BH I 4fT �i7�i 1 27—New AWS A . i 3 Existing 24-8H Sugar Maple 37—FF 23-6 Remove %oat T .. ,..>., • TRANSPLANT 85 EXIST TCF BANK STORE FRONT SHOPS • Hoy plantings indicate trees and shrubs that were not included anywhere on the E,...- Planting Plan of record •• Relocated plantings indicate trees, shrubs and groundcovers that were included on Planting Plan of record but have been shifted to o new location due to site plan changes- ... Deleted plantings indicate trees, shrubs and perennials that were included on the P1 T g Plan of record but hove been replaced with different material and were not relocated on this plan THE BOOK MARKET ZYi _ "c�".1, , •-'': YC'2 WM_ 7 AWSINN re ANN 1 7 -AWS TRANSPLANT 60 EXIST DAYl1LY THIS LOCATION 4RANSPLANT 35 EXIST FF THIS LOCATION i 6 g a J —J 1 Q l .-W 11( 'II t - . Z o NW2 z a1 o�Y a L.-- 5 D5 re J >- N O 43 05 2 1Y=v~i 510 NORTHRN 7—AWS • rto:moee wo_ 00110[11010Q100 LExT b10a7@ C3oF3, 07335 7339P1P3D•C O �6 4 0 O �'� I q alsOLY MICK I I I I I ' I I �m�c I I I Magma �� -12712a ■ ■ ■ ■ ■ ■ ■ ■ IS /army__= _ l :;iA'::d,m6 d/ 1 ➢, ID1 12,4,,../%4 .11 la 94116¢ fa l a c-....,.._ Foods I TCF BANK "-- .®I 1L0vv® ; yi eI 1 ill I 1� L "`666111996966 YYY��=la yin o1� s69O� �yYOW 9WiC 00 • ma 21C EAST ELEVATION war ~ T T T T T TQ I Q Q I I Q Q I Q I En 1 I 1 1 I I I I I I I I }6 L9 226 lel I I I I I i d I T °� I OM tial..—may /-3-0. — ..nsvc is Cub Foods YiYL.t -n 21F1 NORTH ELEVATION ? ? 4 4 Q 4 Q 4 4 4 ¶ Q 4 q ¶ q I I I I I I I I , II E115M- iI 1 W Laa317`�. I-- r ; WEST ELEVATION •••,.....21J T T T T ? q T 1 Q ,t -ailla. 6a lie l_Via C a Lla 0 T 4 ' C II F®ods NOTES I 1 a�. aZ.` a ma 1 .6fm101m aaR*7 * 5 0.7 CM YU/ NMI NOM a 6[.166 .OR O NOW AQ 5 Ym9 1 1 I I I 1 I I I 1 1 I I I I I = - m a " X11 MAI IMAM ,.a ,19W CLEW= a1 I 7 f,` Il O66= 2 6225* 612216 a Plaasa® a WOW fl ans 5132i le 4.7332 Au 00 holm o9o1v� „...„...--7-112— . WO 6922 0098 96 aa2s +sem n-, i IMO Walla n6 661 WANK 62210 014106 1 mew 11.0 =Oa 9 56214IWn DIC M94 OWE 016 9f C 22190[ ma 0 NAf1G 616uca.*L Ota ,m mon 9Aa1i .6ID.+ 01066 01 Cal al 1007 1 0 ao6a 37-C 4S RR r ® 'm��tl� �yS c 9161001666 r Mania as 6� ®. - 1 w9loc w ams RP — MAIM la2.5 21M SOUTH ELEVATION Mr..~ ., , 6 �+ 6 yII / I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 I r 21 P 1 SIDEWALK PLAN 21 20 10 1,4 12 11 a !CC p CC p co ) 0coco cc g Z 2 J Q o co 05- m JO O co �,„1J,.1 A-3