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HomeMy WebLinkAbout00-012 - ADMIN Resolution - City Council - 2000/02/07RESOLUTION NO. 00-012 Rescinds Resolution 99-125 98-103 A RESOLUTION RESCINDING RESOLUTION NO. 99-125 ADOPTED ON NOVEMBER 1, 1999 AND APPROVING A 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 COMERCIAL LOCATED AT 8332 STATE HIGHWAY NO 7 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 Commercial Zoning District, and WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on'August 5, 1999 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary and Final PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity and WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in the St Louis Park Sailor on August 4 & 18, 1999 , and WHEREAS, the Planning Commission opened the public hearing at the meeting of August 18, 1999 and continued the public hearing, and WHEREAS, the Planning Commission opened the continued public hearing at the meeting of September 15, 1999, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council approved the Preliminary and Final PUD on November 1, 1999 and adopted Resolution No 99-125, directing the Development Agreement and final screen wall design to come back to the City Council for approval, and WHEREAS, General Growth has requested an amendment to the resolution to allow demolition to proceed before an Indirect Source Permit is obtained, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision BE IT RESOLVED BY the City Council of the City of St Louis Park Findings 1 General Growth Properties, Inc has made application to the City Council for a Planned Unit Development under Section 14 6-7 of the St Louis Park Ordinance Code within the C-2 General Commercial District located at 8332 State Highway No 7 for the legal description as follows, to -wit Resolution No 00-012 -2- See Attached Legal Description 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No 99 -21 -PUD) and the effect of the proposed 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, and compliance with the intent of the Zoning Ordinance 3 The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14 6-7 2(E) 4 The contents of Planning Case Files 98 -16 -CUP and 99 -21 -PUD 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 98-103 (Document not filed) is hereby rescinded and replaced by this resolution which incorporates conditions of previously approved continued special permit and approves a Preliminary and Final Planned Unit Development at the location described based on the findings set forth above and subject to the following conditions A The site shall be developed, used, and maintained in conformance with Exhibits A through H, Exhibit B, Concept plan hereby modified to reflect general location and height of screen wall along 36th Street Exhibit D is hereby modified to show revised screen wall height and sections Exhibit D to be further modified to show brick posts on directional signs or other materials acceptable to the Planning Supervisor other than metal poles B Prior to any site work, the developer shall comply with the following a Sign the official exhibits and assent form b Obtain an Indirect Source Permit or letter to proceed from the MPCA, and any other necessary permits from state or other agencies, except that demolition work shall be allowed before an Indirect Source Permit or MPCA letter is obtained c Submit a copy of the Watershed District permit to the City d Submit and have approved detailed stormwater plans to the Public Works Department and cooperate in making any required revisions e A Development Agreement shall be executed between the owner, developer and the City which addresses at a minimum screen wall cost and maintenance, approved building and site design criteria, installation of landscaping and sidewalks, construction phasing, bonding, maintenance, mall security, conditions of approval as identified in the resolution, and administrative approvals C Prior to issuance of a building permit, which may impose additional requirements, the developer shall comply with the following a All issues with Cub Foods shall be resolved and Cub Foods shall be eligible for a permanent Certificate of Occupancy Resolution No 00-012 -3- All building material and color samples, including EIFS, stucco, brick, c and architectural precast, shall be submitted to and approved Administrator and Community Development Director Submit irrigation and lighting photometric plans for approval Administrator D Prior to installation of any new signage a Sign permits shall be obtained b The existing movie theater sign shall be removed E Prior to issuance of a Certificate of Occupancy a Five foot wide concrete sidewalks shall be installed along the entire length of Aquila Avenue and 36th Street per the official exhibits Developer is responsible to maintain sidewalks To accommodate a sidewalk on 36th Street, branches on existing trees may be cut on one side only up to eight feet in height b Automatic irrigation shall be provided for all newly landscaped areas throughout the mall site, including parking islands c At the developer's expense, the City shall install a masonry and wood wall along the north side of 36`" Street as shown in concept on the Official Exhibits The developer is also responsible for the cost of maintaining and replacing the wall A separate agreement shall be executed between the City and developer addressing terms and conditions of constructing and maintaining the wall or the terms shall be stated in the Development Agreement Final details of the wall location, design,_height and materials shall be generally consistent with the Official Exhibits, with_the final design to be approved by the Director of Public Works and the_Community Development Director All concrete portions are to be texturized to look like masonry F The following ordinance modifications are approved as part of the Planned Unit Development, and shall not exceed the standards as outlined below a Parking requirements for the mall are reduced to 2,744 spaces total b The main mall identification sign may be 38 feet in height c Landscaping Existing bufferyard along Highway 7 approved Bufferyard along 36th Street approved per Official Exhibit H, landscape/screening plan G Fire lanes and connections shall be as approved by the Fire Marshall H All food service facilities shall be as approved by the Inspections Department No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions) Temporary permits for outdoor sales shall be issued only as the Zoning Administrator determines that adequate parking remains for the rest of the mall J Within five years, all landscaped areas including parking islands shall have automatic irrigation K Developer shall work with staff to provide evergreen plantings along Aquila Avenue if metal roofing, by the Zoning by the Zoning possible Reviewed for Administration Attest Cie)/ Clerk Adopted . the City Council February 7, 2000 gi• • - Resoku4or% oo -017- 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 ine 499.55 feet more or less to the point of beginning 2. Tne 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 1.92 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 point in the Northerly right-of-way line of State •Trunk Highway No. 7; thence deflecting to the left 52 degrees 55 minutes 30 seconds and conning 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 feet; th1ence deflecting 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 runningWest along said North line to the actual pomt of begin; 4. That part of said South Half of the Southeast Quarter described as follows: Commencing at the Nortnwest corner 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 North 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 beg nning 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 Kai OLLWOOD 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 Iine of the Southwest Quarter of the Southeast Quarter to a paint of curvarure of a 31 degrees 53 minutes 24 seconds curve to the right to its - intetsecdon with the Western right-of-way tine 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 bcj n-iing 5. That part of the said South Half of the Southeast Quarter described as follows: Commencing at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerlyline 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 4995P 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 dere-abed 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 Hiway No. 7; thence Southwesterly along said Northwesterly nght-of-way line a distance of 20.0 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 beginnin , according to the United States Government Surrey thereof and situate in Hennepin County, esota. 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 intersection 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 paint on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of be except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet g' 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. PARC71� 3: Lots 1 and 2, Block 1; . Knollwood Mall 1st Addition, Hennepin County, Minnesota: Torr ens Page 2 of 2 • Resolution No 00-012 -2- See Attached Legal Description 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No 99 -21 -PUD) and the effect of the proposed 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, and compliance with the intent of the Zoning Ordinance 3 The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14 6-7 2(E) 4 The contents of Planning Case Files 98 -16 -CUP and 99 -21 -PUD 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 98-103 (Document not filed) is hereby rescinded and replaced by this resolution which incorporates conditions of previously approved continued special permit and approves a Preliminary and Final Planned Unit Development at the location described based on the findings set forth above and subject to the following conditions A The site shall be developed, used, and maintained in conformance with Exhibits A through H, Exhibit B, Concept plan hereby modified to reflect general location and height of screen wall along 36th Street Exhibit D is hereby modified to show revised screen wall height and sections Exhibit D to be further modified to show brick posts on directional signs or other materials acceptable to the Planning Supervisor other than metal poles B Prior to any site work, the developer shall comply with the following a Sign the official exhibits and assent form b Obtain an Indirect Source Permit or letter to proceed from the IVIPCA, and any other necessary permits from state or other agencies, except that demolition work shall be allowed before an Indirect Source Permit or MPCA letter is obtained c Submit a copy of the Watershed District permit to the City d Submit and have approved detailed stormwater plans to the Public Works Department and cooperate in making any required revisions e A Development Agreement shall be executed between the owner, developer and the City which addresses at a minimum screen wall cost and maintenance, approved building and site design criteria, installation of landscaping and sidewalks, construction phasing, bonding, maintenance, mall security, conditions of approval as identified in the resolution, and administrative approvals C Prior to issuance of a building permit, which may impose additional requirements, the developer shall comply with the following a All issues with Cub Foods shall be resolved and Cub Foods shall be eligible for a permanent Certificate of Occupancy Z. • SD CITY OF ST. LOUIS PARK 7267099 Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No 00-012, adopted February 7, 200(% 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 —Y./AAP, e ). Nancy J Stgot Deputy City Clerk ' Date February 24, 2000