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HomeMy WebLinkAbout01-151 - ADMIN Resolution - City Council - 2001/12/17RESOLUTION NO. 01-151 Amends and Restates Resolution 00-012 Rescinds Resolutions 99-125 and 98-103 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 00-012 ADOPTED ON FEBRUARY 7, 2000, APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 8332 STATE HIGHWAY NO. 7 WHEREAS, General Growth Properties, Inc. has made application to the City Council for a minor Amendment to a Final Planned Unit Development (Final PUD) under Section 14:6-7 of the St. Louis Park Ordinance code to allow an extenor fagade change and two additional exterior entrances at 8332 State Highway No. 7 within a C-2 General Commercial Zoning District having the following legal description: See Attached Legal Descnption WHEREAS, the City Council has considered the information related to Planning Case No. 01 -56 -PUD and the effect of the proposed extenor facade change and two additional extenor entrances 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 Final PUD was approved regarding the subject property pursuant to Resolution No 99-125 of the St. Louis Park City Council dated November 1, 1999 which contained conditions applicable to said property; and WHEREAS, Resolution No. 99-125 was rescinded and a Planned Unit Development (PUD) was approved regarding the subject property pursuant to Resolution No. 00-012 of the St. Louis Park City Council dated February 7, 2000 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 Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 00-012 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case File 01 -56 -PUD are hereby entered into and made part of the public heanng and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 00-012 filed as Document No. 7267099 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location descnbed above based on the findings set forth above and subject to the following conditions: Resolution No. 01-151 -2- 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 36`h 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 matenals acceptable to the Planning Supervisor other than metal poles. (Exhibit B — Site Plan and Exhibit C — Elevations are modified by revised plans and conditions as approved on December 17, 2001.) B. Pnor to any site work related to a new theater, 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 Distnct 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 cntena, installation of landscaping and sidewalks, construction phasing, bonding, maintenance, mall secunty, conditions of approval as identified in the resolution, and administrative approvals f. An amendment to the PUD shall be approved by the City Council_ C. Pnor to issuance of a building permit for a new theater, 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 oflOccupancy. b. All building material and color samples, including EIFS, stucco, brick, metal roofing, and architectural precast, shall be subnutted to and approved by the Zoning Administrator and Community Development Director. c. Submit irrigation and lighting photometric plans for approval by the Zoning Administrator. d. An amendment to the PUD shall be approved by the City Council. D. Pnor to installation of any signage for a new theater: a Sign permits shall be obtained b. An amendment to the PUD shall be approved by the City Council. E. Pnor to issuance of a Certificate of Occupancy for a new theater: 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 irngation shall be provided for all newly landscaped areas throughout the mall site, including parking islands. • • • Resolution No. 01-151 -3- c. At the developer's expense, the City shall install a masonry and wood wall along the north side of 36th 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. d. An amendment to the PUD shall be approved by the City Council F. The following ordinance modifications may be approved as part of the amendment to the Planned Unit Development for a new theater, 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. d. Such ordinance modifications are subject to any other conditions of approval of an amendment to the PUD for a new theater. 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. • I. 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 of February 7, 2000, all landscaped areas including parking islands shall have automatic imgation. K. Developer shall work with staff to provide evergreen plantings along Aquila Avenue if possible. L. The Planned Unit Development shall be amended on December 17, 2001 to incorporate all of the preceding conditions and add the following conditions: a The site shall be developed, used and maintained in accordance with Exhibits A- H as modified by Exhibit B/C — Site Plan and Elevations stamped as received November 27, 2001 and subject to conditions b -f below. Approval of the theater is conceptual and subject to a future amendment to the PUD; Exhibit documents incorporated by reference herein. b All building facades must maintain true cement stucco at the pedestnan level as approved by the Zoning Administrator. c. All existing and proposed stucco and EIFS must be painted to match Kohl's and Old Navy. d. Fire lanes shall be provided as required by the Fire Marshall. e. Prior to any site work related to the facade changes and additional entrances, the applicant shall obtain a building permit, which may impose additional requirements. f Prior to installation of any new signs, the applicant shall obtain sign permits, which may impose additional restnctions. g. Conditions A, B, C, D, E, F and J are modified as noted above. Resolution No. 01-151 -4- Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of building permit. Reviewed for Administration: ATTEST: --rta--01 c Q. )eMt-t9C l- City Clerk(/ Adopted b e ty CouncDecember 17, 2001 Mayor • • • Resolution No. 01-151 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 2621 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 252.36 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 punning ortheasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and runningNorthwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and limning Nrthwesterly 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 beginnin& as measured along said North line; thence running West along said North line to the actual point of beginning; 4. That'Dan of said South Half of the Southeast Quarter described as follows: Commencing at the Northwest 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 bei ening 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, Towaship 117, Range 21, Hennepin County, Minnesota, which will be Page 1 of 2 Resolution No. 01-151 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 Iine 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, thence 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: Commencing 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 49955 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 tight of way line of State Trunk Hhway No. 7; thence Southwesterly along said Northwesterly right-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 Survey 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 whic:i 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 point ou the North line of said Texas Avenue; thence East along the North line of said C.... Lr �. of South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, 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, i{iinnesota. Abstract. PARCEL 3• Lots 1 and 2, Block 1; . Torrens Knollwood 1st Addition, Hennepin County, Minnesota, Page 2 of 2