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HomeMy WebLinkAbout03-014 - ADMIN Resolution - City Council - 2003/02/03RESOLUTION NO. 03-014 Amends and Restates Resolution Nos. 02-103, 7002, 6983, 6808, 6767 and 6633 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 02-103 ADOPTED ON OCTOBER 7, 2002 AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MODIFICATIONS TO THE EXTERIOR ELEVATIONS FOR PROPERTY LOCATED IN THE R -C MULTI -FAMILY RESIDENTIAL DISTRICT AT 301 SHELARD PARKWAY FINDINGS WHEREAS Village Green Companies has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Lows Park Ordinance Code to allow modifications to the exterior elevations at 301 Shelard Parkway within a R -C Multi -Family Residential Zoning Distnct having the following legal descnption: Lot 1, Block 3, Shelard Park WHEREAS, the City Council has considered the information related to Planning Case ® Nos 70 -48 -SP, 81 -100 -SP, 02 -55 -CUP, and 03 -04 -CUP and the effect of the proposed modifications to the extenor elevations 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No 3907 of the St. Louis Park City Council dated February 2, 1970 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 02-103 of the St. Louis Park City Council dated October 7, 2002 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 3907 and amended by Resolution No 02-103 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 03 -04 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Resolution No. 03-014 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 02-103 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to the extenor elevations within the R -C Multi- Family Residential Distnct at the location descnbed above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with the following exhibits; Exhibit A-1, General Site Plan; Exhibit B, Final Plat of Shelard Park, except as hereinafter modified. 2. The total number of dwelling units on Lot 1, Block 1; Lot 2, Block 2; Lots 1, 2 and 3, Block 3; Lot 1, Block 4; Lots 1 and 2, Block 5 shall not exceed 1508 units. The combined floor area ratio for these lots shall not exceed 1.2; the ground floor area ratio shall not exceed .2. Each dwelling unit shall be provided with 275 square feet of usable open space, 165.5 square feet per unit of which shall be provided by the 6.7 acre park. 3. All dwelling units shall be above the grade of any land within 25 feet of all faces of the building. 4. Curb cuts shall not be permitted within 150 feet of any intersection for properties in the B-2 Distnct. 5. No curb cuts are permitted on the northerly property line of Lot 3, Block 8, unless a median strip is constructed in such a way to prohibit left turns. 6. Curb cuts shall not be permitted within 125 feet of any intersection for properties in the R -B District. 7. All electric, gas, sewer, telephone and water services shall be underground. 8. Driveway slopes at pedestnan ways shall not exceed a grade of 3 percent. 9. A parkway step shall be constructed along the north side of Shelard Parkway to control access thereto until such time as there shall be an agreement between St. Louis Park and Plymouth for point use, access, construction and maintenance thereof and until necessary street nght-of-way in Plymouth is duly dedicated. No access to that portion of Shelard Parkway in St Louis Park shall be permitted from Plymouth unless authonzed by the City Council of the City of St. Louis Park. 10. At least one bus stop area shall be provided Of the City and MTC authorize the stop) and maintained on the north side of Highway 12 between Ford Road and Shelard Parkway until such time as the service road system is removed. 0 Resolution No. 03-014 -3- 11. All conveyance of any part or all lands within Shelard Park shall by covenant restrict the use of each lot to the use shown on the General Site Plan, Exhibit A-1, and the conditions of this special permit. 12 The perimeter of all parking lots, dnveways, and internal roads shall have concrete curbing of the B-6 type, except at pedestnan ways. 13. Lot 3, Block 7, Shelard Park shall be developed, used and maintained in accordance with Exhibit G, Site Plan, Planting Plan; Exhibit I, Elevation Plan - North and East; Exhibit J, Lower Level Parking Plan; and Exhibit K, Drainage Plan except as hereafter modified and subject to the following conditions: (a) The Pedestnan ways within the parking areas as shown on Exhibit G shall be physically and clearly delineated through use of a surfacing matenal different than the adjacent parking area. (b) All improvements including landscaping, stnping, surfacing, pedestnan ways, buildings, benches, sidewalks, etc., as indicated on the plan, shall be completed by December 31, 1970, or 30 days after receiving an occupancy permit, whichever occurs first. 14 That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, 411 lying westerly of a line drawn from a point on the northerly line of said Lot 1, distance 32 5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained in accordance with Exhibit L, Plot Plan; Exhibit M, Landscape Plan; Exhibit N, Drainage Plan; Exhibit 0, South and East Elevation; Exhibit P, Basement Plan and Pool Building; except as hereinafter modified and subject to the following condition. (a) All improvements including landscaping, stnping, surfacing, buildings, recreational facilities, and pedestnan ways as indicated on the plan shall be completed by June 15, 1972. 15. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of said Lot 1, distant 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained for a full 3 -story, 126 -unit apartment building in accordance with Exhibit S, Site Plan; Exhibit T, Landscape Plan, Exhibit U, West -North-East Elevation, Wing A; Exhibit V, South -North- West Elevation, Wing B; and Exhibit W, Grading Plan; except as hereinafter modified and subject to the following conditions. 0 (a) Additional topographic mounds or other suitable treatment shall be included in the side yards area adjacent to Ford Road. Resolution No. 03-014 -4- (b) The area designated as an outdoor tennis court on the site plan shall be retained on the site and in addition an imaginative play space for the nursery school and the entire Shelard Park development shall be developed on the site to the east of the tennis courts. (c) All improvements including landscaping, striping, surfacing, concrete curbs, buildings, on-site recreational facilities and all other items on the exhibits shall be completed by June 10, 1972. 16. That Lot 1, Block 3, Shelard Park shall be developed, used and maintained for a 4 -story, 186 -unit apartment building in accordance with Exhibit X, Site Plan; Exhibit Y, Drainage Plan; Exhibit Z, Landscape Plan; Exhibit AA, View of Entry; Exhibit BB, Elevation Plan; and Exhibit CC, Typical Elevations; except as hereinafter modified and subject to the following conditions: (a) All improvements including landscaping, striping, surfacing, curbs, buildings, improvements of open space and other items on the Exhibits shall be completed by December 10, 1971. Exhibit Z, Landscape Plan is modified by Exhibit DD. Exhibits BB, Elevation Plan; and CC, Typical Elevations are modified by Exhibit EE1-EE2. 17. Because Lot 1, Block 3, exceeds the agreed-upon units by two, Lot 1, Block 4, is hereby limited to 198 units instead of 200 units. 18. That Lot 2, Block 7, Shelard Park, Hennepin County, Minnesota, and that part of Lot 1, Block 7, Shelard Park, lying easterly of a line drawn from a point on the north line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.97 feet westerly of the southeast corner of said lot shall be developed, used and maintained in accordance with Exhibit GG, Data Sheet; Exhibit HH, Landscape Plan; Exhibit II -JJ, Paving Plan/Grading Plan (Exhibits GG, HH, H -JJ, all dated June 26, 1980); Exhibit KK, West Elevation and East Elevation; Exhibit LL, North Elevation and South Elevation; Exhibit MM, Parking Staging Plan; Exhibit NN, Arcade/Restaurant Elevation Plan; Exhibit 00, Parking Ramp Floor Plans, pages 1-4; Exhibit PP, Office Floor Plans, pages 1-6; Exhibit QQ, Building Section, and subject to the following conditions. (a) All rooftop equipment shall be screened. (b) There shall be no outside storage of trash, storage containers, equipment, materials or similar items. (c) The reduction from the required off-street parking provision is hereby permitted for property included in this condition with the understanding that adequate off-street parking is the responsibility of the property owner and in no case will designated plaza or landscaped area as contained on the site plan be considered or used for parking. Resolution No. 03-014 -5- (d) The office tower shall be fully spnnkled throughout with an automatic wet system. (e) The staging of construction of building and parking facilities shall be in accordance with Exhibit MM, and all improvements on the site as shown on the exhibits and including the parking ramp, striping, fire lanes and the removal of temporary parking as shown on Exhibit MM shall be completed by November 1, 1975. Landscaping shall be completed by September 17, 1976 19. That parking and directional signs be permitted in accordance with Exhibit UU, Parking/Directional Sign Sheet SS7; Exhibit VV, Parking/Directional Sign Sheet SS8; Exhibit WW, Sign Location Plan for Tower and Ramp, Sheet SS2; Exhibit XX, Sign Location Plan for Tower and Ramp, Sheet SS3; Exhibit YY, Sign Location Plan for Arcade, Sheet SS5; received May 9, 1975, with the following conditions: (a) The mounting height of parking and directional signs shall not exceed a mounting height, in the case of free-standing signs, of 42 inches, except for stop and yield signs. (b) The words "Bar -Restaurant" shall be added to the Hippognff sign in place of the logo on Exhibit YY (c) The bank sign shown on Exhibit WW shall be deleted. 20. That a motor fuel station be permitted at the southwest corner of the parking ramp on the first floor in accordance with the following conditions: (a) The Parking ramp shall be modified to contain the station in accordance with Exhibit ZZ, Tank and Vent Plan; and Exhibit AAA, Floor Plan. (b) There shall be no advertising signs or identification signs of the facility on the exterior of any of the buildings in Shelard Park, nor shall there be any free-standing sign in Shelard Park identifying or advertising this use, nor shall signs be located within the structure which shall be visible from the extenor of the building identifying or advertising the use. (c) The gasoline sales will be operated by General Mills Automotive Service Center in conjunction with their existing center at their home office. The facility will pump gasoline only and schedule cars to be taken out of Shelard Park for mechanical work. The service will be available to anyone who wishes to use it, it is not limited to Tower tenants or General Mills personnel. (d) Extenor vents, if any, shall be architecturally treated to be fully integrated with the architecture of the building, and such vents shall be screened from view to the extent possible. Resolution No. 03-014 -6- (e) All construction, including walls, automatic door closures, tank installation, access facilities to such tanks, and other features included in the exhibits shall be completed on or before June 30, 1976, after which time the site facilities shall be used and maintained as provided for in the special permit. 21. That the first floor of the office tower may be used for retail purposes up to 10,805 square feet, and that the second floor may be used for a Class III restaurant of 7,544 square feet in accordance with the following condition: (a) The floor area of the first and second floor may be used in accordance with Exhibit BBB, Request of Midwestern Finance, Inc. to amend Special Permit to allow certain retail and cafeteria uses in the Shelard Office Tower. 22. That the general plan for Shelard Park, Exhibit A, be amended to allow a hotel on Lot 1, Block 7, convenience retail on Lot 1, Block 6, and office and commercial use on Block 8 without convenience retail, if such convenience retail is provided on Lot 1, Block 6. 23 That Block 8 be developed, used, and maintained in accordance with Exhibit DDD, Building Location, Sheet P3; Exhibit EEE, Grading and Drainage Plan, Sheet P4; Exhibit FFF, Landscape Plan, Sheet P5; Exhibit GGG, Parking Plan, Sheet P6; Exhibit HHH, Lighting Plan, Sheet P7; and Exhibit III, Elevation Plans, Sheets P8, P9, P10, P11 and P12. (a) That the site contain no more than 12,000 square feet of retail space. (b) That all improvements, including buildings, parking, landscaping, pedestnan facilities, and other items as shown on the exhibits be completed by June 15, 1980. 24. Lot 1, Block 1, Shelard Park, shall be developed in accordance with the following conditions: (a) The site shall be developed, used, and maintained in accordance with Exhibit JJJ, Site Plan (dated October 25, 1978), Exhibit KKK, Grading and Topography Plan; Exhibit LLL, Landscape Plan; Exhibit MMM, Elevation Plan; Exhibit NNN, Unit Floor Plans; Exhibit 000, Garage Plans. (b) That all site work, including construction of buildings, parking, landscaping, pool garages, and other items as shown on the exhibits be completed by October 15, 1980. (c) That condition 10 of this resolution shall not apply to Lot 1, Block 1, Shelard Park. Resolution No. 03-014 -7- 0 25. A Class II restaurant shall be permitted on Lot 1, Block 6, Shelard Park in accordance with the following conditions: (a) The site shall be developed, used and maintained in accordance with Exhibit PPP, Site Plan/Landscape Plan; Exhibit QQQ, Elevation Plans; and Exhibit RRR, Restaurant Floor Plans, except as amended by Exhibit SSS, Front Elevation and Exhibit TFT, Rear Elevation. (b) All improvements shown on the exhibits shall be completed by December 1, 1979. 26. A condominium development consisting of six buildings and a total of 48 units shall be permitted on Lot 3, Block 3, Shelard Park, in accordance with the following conditions: (a) That the site be developed, used, and maintained in accordance with Exhibit XXX, Site Plan, PA1; Exhibit YYY, Ground Floor Plan, PA2; Exhibit ZZZ, Upper Floor Plan, PA3; Exhibit AAAA, Elevations, PA4; and Exhibit WWW, Planting Plan. (b) That the trees proposed along the westerly lot line be in a separated area delineated by curbing and the base to be landscaped. ® (c) That provisions be provided for watenng the sod and landscape features in the open -space areas by either providing outside water facilities adjacent to the building or some form of water supply to these areas. (d) That the trash container facilities be totally integrated with the architecture of the building and garages, and that such areas provide for total enclosures of such trash facilities. (e) That the street trees required under the subdivision ordinance be planted on or before November 1, 1979. (f) That all construction, building, landscaping, parking area, garages, and other elements contained on the exhibits be completed by June 15, 1980. 27. A condominium development consisting of 10 buildings and 80 total units shall be permitted on that part of Lot 1, Block 4, Shelard Park, lying northerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be descnbed; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating in accordance with the following conditions: Resolution No. 03-014 -8- (a) That the site be developed, used and maintained in accordance with Exhibit A, Site Layout Plan; Exhibit B, Elevation (only); Exhibit C, Planting Plan; Exhibit D, Surfacing Plan. (b) That there shall be no outdoor trash storage. (c) That all construction and improvements be completed by October 15, 1981. 28. That the use on the northerly 185 feet of Lot 1, Block 6, is hereby amended by deleting convenience retail (as descnbed in Condition No. 22) and allowing said property to be used for an office building containing a gross area of 14,068 square feet with the following conditions: (a) The subject site be developed, used, and maintained in accordance with Exhibits XXX-PL1, Building Location; YYY-L1, Planting Concept; and ZZZ-PL3, Elevations. (b) There be no outdoor storage of trash. (c) Concrete curbing be poured in place. (d) All construction of buildings, landscaping, curbing and striping be completed by May 15, 1982. 29. That a ten story office building containing 216,442 square feet, parking ramp, and skyway shall be permitted on the following descnbed property: Lot 1, Block 7, Shelard Park, except that part thereof lying easterly of a line drawn from a point on the North line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the South line of said lot distant 68.97 feet westerly of the southeast corner of said lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota and That part of the east 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117 North, Range 22 West of the 5th Pnncipal Mendian lying southerly of that part of Lot 1, Block 7, Shelard Park, Hennepin County, Minnesota, which lies within said West Half; and lying northerly of a line drawn easterly from and perpendicular to the west line of said east 10 rods, from a point on said west line distant 36 feet southerly, as measured along said west line from the most westerly corner of said Lot 1, to the east line of said West Half and there terminating; all according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. and in accordance with the following conditions: Resolution No 03-014 -9- a. That the site be developed, used, and maintained in accordance with Exhibit AAA, Site Plan; Exhibit BBB, Topographic Survey Sheet L1; Exhibit CCC, Sheet L2, Grading and Drainage Plan, Exhibit DDD, Landscape Plan Sheet L3; and Exhibit EEE, Electncal and Walkway Plan Sheet El; and Exhibit PH-, Elevation Plan Sheets Al2, 13, 14 and 15. b. That on -street parking on the east side of Ford Road be eliminated. c. That the developer make provision for off-street parking for construction workers during the construction of subject property. d. That an easement be provided, if necessary, to accommodate a transit stop and plaza on Ford Road adjacent to the subject property e. That the parking ramp contain a minimum of 729 spaces. f. That all improvements, as shown on the exhibits and including, but not limited to, office building, parking ramp, driveway and walkway improvements, plaza, landscaping, and lighting be completed by October 15, 1982. 30 That a thirteen story hotel with a maximum of 309 rooms, a Class I Restaurant and meeting rooms be permitted on the following described property: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is descnbed as follows Commencing at the southeast corner of said Lot 1, thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be descnbed; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and thence terminating. All in Block 4, Shelard Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit GGG, Site Plan; Exhibit HHH, First Floor Plan; Exhibit III, Second Floor Plan; Exhibit JJJ, Typical Upper Floor Plan, Exhibit KKK, West Elevation, Exhibit LLL, South Elevation; Exhibit MMM, North Elevation; Exhibit NNN, East Elevation; Exhibit 000, Landscape Plan; Exhibit PPP, Landscape Plan/Shelard Parkway (with respect to Exhibit PPP, developers, owners and their successors of the Hilton Hotel are responsible for construction, planting, and maintenance and with the option of mixing the percentage of Colorado Spruce and Black Hills Spruce); Exhibit QQQ, Utility, Drainage and Water Augmentation Plan; Exhibit RRR, Sign Plan, South Elevation (with respect to Hilton sign and logo only); and Exhibit SSS (1-4), Lighting. Resolution No. 03-014 -10- Exhibits HHH, III, and JJJ are to show the general layouts with minor modifications allowed but not to increase the total number of units, total net square footage in the restaurant, lounge or disco area, or the meeting rooms. b. That the maximum number of rooms not be greater than 309; that the restaurant and lounge contain no more than 7,898 square feet of floor area; and that there be no more than 12,602 square feet in meeting rooms. c. That all outdoor parking lot lights mounted higher than eight feet off the ground be directed perpendicular to the ground. d. That there be no outside storage of trash or other matenals. e That access to the frontage road be allowed provided a nght turn lane extending at least 100 feet to the east of said access is constructed and provided the City is not required to pay or incur any cost for said access. f. That the developer understands that no on -street parking is to be allowed in Shelard Park and that it is the developer's responsibility to make provision for off-street parking for the construction workers dunng development of the project. That all improvements including buildings, parking lot, walkways, landscaping and fencing be completed by October 15, 1983. g. 31. Use of Lot 1, Block 6, as provided for in Condition No. 28, is hereby amended to permit construction of rooftop equipment as shown on Exhibit ZZZ-PL-4, Elevations. 32. Extension of the westerly parking lot with a 186 unit apartment building located on Lot 1, Block 3, Shelard Park, at 301 Shelard Parkway is hereby permitted subject to the following conditions: a. Prior to construction, a survey be made of this area identifying lot lines to insure the proposed expansion is consistent with plans and does not extend into public park. b. All drainage from the expansion be to the existing storm sewer system in the parking lot. c. That at least eight Colorado Blue Spruce be planted along the westerly, southerly, and southeasterly sides of the proposed expansion in addition to the landscaping onginally proposed by the applicant in this subject request. d. The applicant conform to previously approved plans for the subject property by May 15, 1982 or submit an amendment to such plans by March 1, 1982 which, if approved by the City, would supersede the previous plan. Resolution No. 03-014 -11- e. That the expansion of parking lot and new landscaping adjacent to the expanded parking lot be completed by May 15, 1982. 33. The special permit shall be amended on October 7, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits per condition 16, including Exhibit DD, the revised Landscape Plan as approved by the Zoning Administrator. b. The applicant dedicate a permanent easement for sidewalk installation at the corner of Shelard Parkway and Betty Crocker Dnve within 60 days per approval of the Public Works Director and the City Attorney. 34. The special permit shall be amended on February 3, 2003 to incorporate all of the preceding conditions and add the following conditions. a Exhibits CC, Typical Elevations and BB, Elevation Plan, as provided for in Condition No. 16 are amended as shown on Exhibit EE1-EE2. b The sunscreens and window covers must both be bronze colored aluminum and the extenor color of the building be maintained in compatible colors as approved by the Zoning Administrator. 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: City Manager Attest Ci* Clerk Adopted by the City Council February 3, 2003 ,------NL._ Mayor Resolution No. 03-014 -12- LOCATION f .376': 390 Q - w �6.3 © rri 0 Zo a RESOLUTION NO. 03-014 s!� Amends and Restates Resolution Nos. 02-103, 7002, 6983, 6808, 6767 and 6633 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 02-103 ADOPTED ON OCTOBER 7, 2002 AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MODIFICATIONS TO THE EXTERIOR ELEVATIONS FOR PROPERTY LOCATED IN THE R -C MULTI -FAMILY RESIDENTIAL DISTRICT AT 301 SHELARD PARKWAY FINDINGS WHEREAS Village Green Companies has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow modifications to the exterior elevations at 301 Shelard Parkway within a R -C Multi -Family Residential Zoning District having the following legal descnption: (>3Lot 1, Block 3, Shelard Park WHEREAS, the City Council has considered the information related to Planning Case Nos. 70 -48 -SP, 81 -100 -SP, 02 -55 -CUP, and 03 -04 -CUP and the effect of the proposed modifications to the extenor elevations 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 3907 of the St. Louis Park City Council dated February 2, 1970 which contained conditions applicable to said property, and ® Resolution No. 03-014 -2- WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 02-103 of the St. Louis Park City Council dated October 7, 2002 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 3907 and amended by Resolution No 02-103 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 03 -04 -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. 02-103 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to the extenor elevations within the R -C Multi- Family Residential Distnct at the location descnbed above based on the following conditions: 1 The site shall be developed, used and maintained in accordance with the following exhibits; Exhibit A-1, General Site Plan; Exhibit B, Final Plat of Shelard Park, except as hereinafter modified. 2. The total number of dwelling units on Lot 1, Block 1; Lot 2, Block 2; Lots 1, 2 and 3, Block 3; Lot 1, Block 4; Lots 1 and 2, Block 5 shall not exceed 1508 units. The combined floor area ratio for these lots shall not exceed 1.2; the ground floor area ratio shall not exceed .2. Each dwelling unit shall be provided with 275 square feet of usable open space, 165.5 square feet per unit of which shall be provided by the 6.7 acre park. 3. All dwelling units shall be above the grade of any land within 25 feet of all faces of the building. 4. Curb cuts shall not be permitted within 150 feet of any intersection for properties in the B-2 District. 5. No curb cuts are permitted on the northerly property line of Lot 3, Block 8, unless a median stnp is constructed in such a way to prohibit left turns. 6. Curb cuts shall not be permitted within 125 feet of any intersection for properties in the R -B District. 7. All electnc, gas, sewer, telephone and water services shall be underground. Resolution No. 03-014 -3- 0 8 Dnveway slopes at pedestrian ways shall not exceed a grade of 3 percent. 9. A parkway stnp shall be constructed along the north side of Shelard Parkway to control access thereto until such time as there shall be an agreement between St. Louis Park and Plymouth for point use, access, construction and maintenance thereof and until necessary street nght-of-way in Plymouth is duly dedicated. No access to that portion of Shelard Parkway in St. Louis Park shall be permitted from Plymouth unless authonzed by the City Council of the City of St. Louis Park. 10. At least one bus stop area shall be provided (if the City and MTC authonze the stop) and maintained on the north side of Highway 12 between Ford Road and Shelard Parkway until such time as the service road system is removed. 11 All conveyance of any part or all lands within Shelard Park shall by covenant restrict the use of each lot to the use shown on the General Site Plan, Exhibit A-1, and the conditions of this special permit. 12. The penmeter of all parking lots, dnveways, and internal roads shall have concrete curbing of the B-6 type, except at pedestrian ways. 13. Lot 3, Block 7, Shelard Park shall be developed, used and maintained in accordance with Exhibit G, Site Plan, Planting Plan; Exhibit I, Elevation Plan - North and East; Exhibit J, Lower Level Parking Plan; and Exhibit K, Drainage Plan except as hereafter modified and subject to the following conditions: (a) The Pedestrian ways within the parking areas as shown on Exhibit G shall be physically and clearly delineated through use of a surfacing matenal different than the adjacent parking area. (b) All improvements including landscaping, stnping, surfacing, pedestrian ways, buildings, benches, sidewalks, etc., as indicated on the plan, shall be completed by December 31, 1970, or 30 days after receiving an occupancy permit, whichever occurs first. 14. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of said Lot 1, distance 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained in accordance with Exhibit L, Plot Plan; Exhibit M, Landscape Plan, Exhibit N, Drainage Plan; Exhibit 0, South and East Elevation; Exhibit P, Basement Plan and Pool Building; except as hereinafter modified and subject to the following condition: (a) All improvements including landscaping, stnping, surfacing, buildings, recreational facilities, and pedestnan ways as indicated on the plan shall be completed by June 15, 1972. 15. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of said Lot 1, distant 32.5 feet easterly of the most westerly corner thereof to a point on the O Resolution No. 03-014 -4- southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained for a full 3-story, 126-unit apartment building in accordance with Exhibit S, Site Plan; Exhibit T, Landscape Plan; Exhibit U, West-North-East Elevation, Wing A; Exhibit V, South-North- West Elevation, Wing B; and Exhibit W, Grading Plan; except as hereinafter modified and subject to the following conditions: (a) Additional topographic mounds or other suitable treatment shall be included in the side yards area adjacent to Ford Road. (b) The area designated as an outdoor tennis court on the site plan shall be retained on the site and in addition an imaginative play space for the nursery school and the entire Shelard Park development shall be developed on the site to the east of the tennis courts. (c) All improvements including landscaping, stnping, surfacing, concrete curbs, buildings, on-site recreational facilities and all other items on the exhibits shall be completed by June 10, 1972. 16. That Lot 1, Block 3, Shelard Park shall be developed, used and maintained for a 4-story, 186-unit apartment building in accordance with Exhibit X, Site Plan; Exhibit Y, Drainage Plan; Exhibit Z, Landscape Plan; Exhibit AA, View of Entry; Exhibit BB, Elevation Plan; and Exhibit CC, Typical Elevations; except as hereinafter modified and subject to the following conditions: 411 (a) All improvements including landscaping, striping, surfacing, curbs, buildings, improvements of open space and other items on the Exhibits shall be completed by December 10, 1971. Exhibit Z, Landscape Plan is modified by Exhibit DD. Exhibits BB, Elevation Plan; and CC, Typical Elevations are modified by Exhibit EE1-EE2. 17. Because Lot 1, Block 3, exceeds the agreed-upon units by two, Lot 1, Block 4, is hereby limited to 198 units instead of 200 units. 18. That Lot 2, Block 7, Shelard Park, Hennepin County, Minnesota, and that part of Lot 1, Block 7, Shelard Park, lying easterly of a line drawn from a point on the north line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.97 feet westerly of the southeast corner of said lot shall be developed, used and maintained in accordance with Exhibit GG, Data Sheet; Exhibit HH, Landscape Plan; Exhibit II-JJ, Paving Plan/Grading Plan (Exhibits GG, HH, II-JJ, all dated June 26, 1980); Exhibit KK, West Elevation and East Elevation; Exhibit LL, North Elevation and South Elevation; Exhibit MM, Parking Staging Plan; Exhibit NN, Arcade/Restaurant Elevation Plan; Exhibit 00, Parking Ramp Floor Plans, pages 1-4; Exhibit PP, Office Floor Plans, pages 1-6; Exhibit QQ, Building Section, and subject to the following conditions: (a) All rooftop equipment shall be screened. (b) There shall be no outside storage of trash, storage containers, equipment, materials or similar items. 0 O Resolution No. 03-014 -5- (c) The reduction from the required off-street parking provision is hereby permitted for property included in this condition with the understanding that adequate off-street parking is the responsibility of the property owner and in no case will designated plaza or landscaped area as contained on the site plan be considered or used for parking. (d) The office tower shall be fully spnnkled throughout with an automatic wet system. (e) The staging of construction of building and parking facilities shall be in accordance with Exhibit MM, and all improvements on the site as shown on the exhibits and including the parking ramp, stnping, fire lanes and the removal of temporary parking as shown on Exhibit MM shall be completed by November 1, 1975. Landscaping shall be completed by September 17, 1976. 19. That parking and directional signs be permitted in accordance with Exhibit UU, Parking/Directional Sign Sheet SS7; Exhibit VV, Parking/Directional Sign Sheet SS8; Exhibit WW, Sign Location Plan for Tower and Ramp, Sheet SS2; Exhibit XX, Sign Location Plan for Tower and Ramp, Sheet SS3; Exhibit YY, Sign Location Plan for Arcade, Sheet SS5; received May 9, 1975, with the following conditions: (a) The mounting height of parking and directional signs shall not exceed a mounting height, in the case of free-standing signs, of 42 inches, except for stop and yield signs. (b) The words "Bar -Restaurant" shall be added to the Hippognff sign in place of the logo on Exhibit YY. (c) The bank sign shown on Exhibit WW shall be deleted. 20. That a motor fuel station be permitted at the southwest corner of the parking ramp on the first floor in accordance with the following conditions: (a) The Parking ramp shall be modified to contain the station in accordance with Exhibit ZZ, Tank and Vent Plan; and Exhibit AAA, Floor Plan. (b) There shall be no advertising signs or identification signs of the facility on the extenor of any of the buildings in Shelard Park, nor shall there be any free-standing sign in Shelard Park identifying or advertising this use, nor shall signs be located within the structure which shall be visible from the extenor of the building identifying or advertising the use. (c) The gasoline sales will be operated by General Mills Automotive Service Center in conjunction with their existing center at their home office. The facility will pump gasoline only and schedule cars to be taken out of Shelard Park for mechanical work. The service will be available to anyone who wishes to use it; it is not limited to Tower tenants or General Mills personnel. Resolution No 03-014 -6- O(d) Extenor vents, if any, shall be architecturally treated to be fully integrated with the architecture of the building, and such vents shall be screened from view to the extent possible. (e) All construction, including walls, automatic door closures, tank installation, access facilities to such tanks, and other features included in the exhibits shall be completed on or before June 30, 1976, after which time the site facilities shall be used and maintained as provided for in the special permit. 21. That the first floor of the office tower may be used for retail purposes up to 10,805 square feet, and that the second floor may be used for a Class III restaurant of 7,544 square feet in accordance with the following condition: (a) The floor area of the first and second floor may be used in accordance with Exhibit BBB, Request of Midwestern Finance, Inc. to amend Special Permit to allow certain retail and cafetena uses in the Shelard Office Tower. 22. That the general plan for Shelard Park, Exhibit A, be amended to allow a hotel on Lot 1, Block 7, convenience retail on Lot 1, Block 6, and office and commercial use on Block 8 without convenience retail, if such convenience retail is provided on Lot 1, Block 6. 23. That Block 8 be developed, used, and maintained in accordance with Exhibit DDD, Building Location, Sheet P3; Exhibit EEE, Grading and Drainage Plan, Sheet P4; Exhibit F1-±, Landscape Plan, Sheet P5; Exhibit GGG, Parking Plan, Sheet P6; Exhibit HHH, Lighting Plan, Sheet P7; and Exhibit III, Elevation Plans, Sheets P8, P9, P10, P11 and P12. (a) That the site contain no more than 12,000 square feet of retail space. (b) That all improvements, including buildings, parking, landscaping, pedestnan facilities, and other items as shown on the exhibits be completed by June 15, 1980. 24. Lot 1, Block 1, Shelard Park, shall be developed in accordance with the following conditions: (a) The site shall be developed, used, and maintained in accordance with Exhibit JJJ, Site Plan (dated October 25, 1978); Exhibit KKK, Grading and Topography Plan; Exhibit LLL, Landscape Plan; Exhibit MMM, Elevation Plan, Exhibit NNN, Unit Floor Plans; Exhibit 000, Garage Plans. (b) That all site work, including construction of buildings, parking, landscaping, pool garages, and other items as shown on the exhibits be completed by October 15, 1980. (c) That condition 10 of this resolution shall not apply to Lot 1, Block 1, Shelard Park. ® 25. A Class II restaurant shall be permitted on Lot 1, Block 6, Shelard Park in accordance with the following conditions: o Resolution No. 03-014 -7- (a) The site shall be developed, used and maintained in accordance with Exhibit PPP, Site Plan/Landscape Plan; Exhibit QQQ, Elevation Plans; and Exhibit RRR, Restaurant Floor Plans, except as amended by Exhibit SSS, Front Elevation and Exhibit TTT, Rear Elevation. (b) All improvements shown on the exhibits shall be completed by December 1, 1979. 26. A condominium development consisting of six buildings and a total of 48 units shall be permitted on Lot 3, Block 3, Shelard Park, in accordance with the following conditions: (a) That the site be developed, used, and maintained in accordance with Exhibit XXX, Site Plan, PA1; Exhibit YYY, Ground Floor Plan, PA2; Exhibit ZZZ, Upper Floor Plan, PA3; Exhibit AAAA, Elevations, PA4; and Exhibit WWW, Planting Plan. (b) That the trees proposed along the westerly lot line be in a separated area delineated by curbing and the base to be landscaped. (c) That provisions be provided for watering the sod and landscape features in the open -space areas by either providing outside water facilities adjacent to the building or some form of water supply to these areas. (d) That the trash container facilities be totally integrated with the architecture of the building and garages, and that such areas provide for total enclosures of such trash facilities. ® (e) That the street trees required under the subdivision ordinance be planted on or before November 1, 1979. (f) That all construction, building, landscaping, parking area, garages, and other elements contained on the exhibits be completed by June 15, 1980. 27. A condominium development consisting of 10 buildings and 80 total units shall be permitted on that part of Lot 1, Block 4, Shelard Park, lying northerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be descnbed; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating. in accordance with the following conditions: (a) That the site be developed, used and maintained in accordance with Exhibit A, Site Layout Plan; Exhibit B, Elevation (only); Exhibit C, Planting Plan; Exhibit D, Surfacing Plan. (b) That there shall be no outdoor trash storage. (c) That all construction and improvements be completed by October 15, 1981. 28. That the use on the northerly 185 feet of Lot 1, Block 6, is hereby amended by deleting convenience retail (as descnbed in Condition No. 22) and allowing said S Resolution No. 03-014 -8- property to be used for an office building containing a gross area of 14,068 square feet with the following conditions: (a) The subject site be developed, used, and maintained in accordance with Exhibits XXX-PL1, Building Location; YYY-L1, Planting Concept; and ZZZ-PL3, Elevations. (b) There be no outdoor storage of trash. (c) Concrete curbing be poured in place. (d) All construction of buildings, landscaping, curbing and striping be completed by May 15, 1982. 29. That a ten story office building containing 216,442 square feet, parking ramp, and skyway shall be permitted on the following descnbed property: Lot 1, Block 7, Shelard Park, except that part thereof lying easterly of a line drawn from a point on the North line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the South line of said lot distant 68.97 feet westerly of the southeast corner of said lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota and That part of the east 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117 North, Range 22 West of the 5th Principal Mendian lying southerly of that part of Lot 1, Block 7, Shelard Park, ® Hennepin County, Minnesota, which lies within said West Half; and lying northerly of a line drawn easterly from and perpendicular to the west line of said east 10 rods, from a point on said west line distant 36 feet southerly, as measured along said west line from the most westerly corner of said Lot 1, to the east line of said West Half and there terminating; all according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used, and maintained in accordance with Exhibit AAA, Site Plan; Exhibit BBB, Topographic Survey Sheet L1; Exhibit CCC, Sheet L2, Grading and Drainage Plan; Exhibit DDD, Landscape Plan Sheet L3; and Exhibit EEE, Electrical and Walkway Plan Sheet El; and Exhibit liFF, Elevation Plan Sheets Al2, 13, 14 and 15. b. That on -street parking on the east side of Ford Road be eliminated. c. That the developer make provision for off-street parking for construction workers dunng the construction of subject property. d. That an easement be provided, if necessary, to accommodate a transit stop and plaza on Ford Road adjacent to the subject property. e. That the parking ramp contain a minimum of 729 spaces. 0 41/ Resolution No. 03-014 -9- f. That all improvements, as shown on the exhibits and including, but not limited to, office building, parking ramp, dnveway and walkway improvements, plaza, landscaping, and lighting be completed by October 15, 1982. 30. That a thirteen story hotel with a maximum of 309 rooms, a Class I Restaurant and meeting rooms be permitted on the following described property: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is descnbed as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and thence terminating. All in Block 4, Shelard Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit GGG, Site Plan; Exhibit HHH, First Floor Plan; Exhibit III, Second Floor Plan; Exhibit JJJ, Typical Upper Floor Plan; Exhibit KKK, West Elevation; Exhibit LLL, South Elevation; Exhibit MMM, North Elevation; Exhibit NNN, East Elevation; Exhibit 000, Landscape Plan, ® Exhibit PPP, Landscape Plan/Shelard Parkway (with respect to Exhibit PPP, developers, owners and their successors of the Hilton Hotel are responsible for construction, planting, and maintenance and with the option of mixing the percentage of Colorado Spruce and Black Hills Spruce); Exhibit QQQ, Utility, Drainage and Water Augmentation Plan; Exhibit RRR, Sign Plan, South Elevation (with respect to Hilton sign and logo only); and Exhibit SSS (1-4), Lighting. Exhibits HHH, III, and JJJ are to show the general layouts with minor modifications allowed but not to increase the total number of units, total net square footage in the restaurant, lounge or disco area, or the meeting rooms. b. That the maximum number of rooms not be greater than 309; that the restaurant and lounge contain no more than 7,898 square feet of floor area; and that there be no more than 12,602 square feet in meeting rooms. c. That all outdoor parking lot lights mounted higher than eight feet off the ground be directed perpendicular to the ground. d. That there be no outside storage of trash or other materials. e. That access to the frontage road be allowed provided a right turn lane extending at least 100 feet to the east of said access is constructed and provided the City is not required to pay or incur any cost for said access. 0 Resolution No. 03-014 -10- 0 f. That the developer understands that no on -street parking is to be allowed in Shelard Park and that it is the developer's responsibility to make provision for off-street parking for the construction workers during development of the project. g That all improvements including buildings, parking lot, walkways, landscaping and fencing be completed by October 15, 1983. 31. Use of Lot 1, Block 6, as provided for in Condition No. 28, is hereby amended to permit construction of rooftop equipment as shown on Exhibit ZZZ-PL-4, Elevations. • 32. Extension of the westerly parking lot with a 186 unit apartment building located on Lot 1, Block 3, Shelard Pail, at 301 Shelard Parkway is hereby permitted subject to the following conditions. a. Pnor to construction, a survey be made of this area identifying lot lines to insure the proposed expansion is consistent with plans and does not extend into public park. b. All drainage from the expansion be to the existing storm sewer system in the parking lot. c. That at least eight Colorado Blue Spruce be planted along the westerly, southerly, and southeasterly sides of the proposed expansion in addition to the landscaping originally proposed by the applicant in this subject request. d. The applicant conform to previously approved plans for the subject property by May 15, 1982 or submit an amendment to such plans by March 1, 1982 which, if approved by the City, would supersede the previous plan. e. That the expansion of parking lot and new landscaping adjacent to the expanded parking lot be completed by May 15, 1982. 33. The special permit shall be amended on October 7, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits per condition 16, including Exhibit DD, the revised Landscape Plan as approved by the Zoning Administrator. b. The applicant dedicate a permanent easement for sidewalk installation at the corner of Shelard Parkway and Betty Crocker Dnve within 60 days per approval of the Public Works Director and the City Attorney. 34. The special permit shall be amended on February 3, 2003 to incorporate all of the preceding conditions and add the following conditions. a Exhibits CC, Typical Elevations and BB, Elevation Plan, as provided for in Condition No. 16 are amended as shown on Exhibit EE1-EE2. • • • Resolution No. 03-014 -11- b. The sunscreens and window covers must both be bronze colored aluminum and the extenor color of the building be maintained in compatible colors as approved by the Zoning Administrator 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. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the onginal Resolution No. 03-014 adopted at the St. Louis Park City Council meeting held on February 3, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 29th day of May, 2003. Nancy J. Strotbf, 19reputy City Clerk Resolution No. 03-014 -12- LOCATION