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HomeMy WebLinkAbout03-122 - ADMIN Resolution - City Council - 2003/09/15RESOLUTION NO. 03-122 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) 411 UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT 2370 and 2440 STATE HIGHWAY 100 SOUTH • WHEREAS, the City Council approved the Preliminary PUD on July 7, 2003, Resolution No. 03-082; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received and deemed complete on May 19, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of August 6, 2003; and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public heanng 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. SLP Motors, LLC (The Luther Company) has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the C-2 General Commercial district located at 2370 and 2440 State Highway 100 South for the legal descnption as follows, to -wit: Tract I: That part of the South 310 feet of the North 340 feet of the Southwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, lying West of State Highway No. 100 and lying East of a line drawn at a right angle to the North line of said quarter quarter and from a point therein distant 375.18 feet East of the Northwest corner of said quarter quarter. Abstract Tract II: Parcel 1: That part of Tracts A and B, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin, lying Easterly and Southerly of a line parallel with and 22.5 feet Easterly and Southerly of a line descnbed as beginning at a point in the South line of said Tract B, distant 443.3 feet Easterly as measured along said South line, from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East, 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of the Southerly nght of way line of the Great Northern Railroad right of way, thence North 73 degrees 08 minutes East along last said parallel to the Easterly line of Tract C in said Registered Land Survey and there terminating; except the East 50 feet of the above described property. For the purposes of this descnption the West line of said Tract A is assumed to bear due North and South. Resolution No. 03-122 -2- Parcel 2: That part of the Easterly 50 feet of Tracts A and B which lies Southerly of the Southerly line of Tract C and of the Westerly extension of said Southerly line, all in Registered Land Survey No. 493. Files of Registrar of Titles, County of Hennepin. Parcel 3: That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29, Range 24, lying south of the Great Northern Railway right of way and West of State Highway No. 100, except that part described as follows, to -wit: Commencing at the point of intersection of the Southerly nght of way line of the Great Northern Railway with the Westerly right of way line of State Highway No. 100; thence Southerly along said Westerly right of way line of State Highway No. 100, 377.6 feet; thence Westerly parallel with said Southerly right of way line of Great Northern Railway, a distance of 400 feet; thence at right angles Northerly 250 feet to the Southerly nght of way line of Great Northern Railway; thence Easterly along said right of way line 220 feet; thence at right angles Northerly along Great Northern Railway right of way 80 feet; thence Easterly along the Southerly right of way line of Great Northern Railway 364 feet to the point of beginning, also except that part thereof embraced in Registered Land Survey No. 493. Torrens 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -14 -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 with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed 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 36-367(b)(5). 4. The contents of Planning Case File 03 -14 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described are approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Final PUD official exhibits. If the Public Works department requests an adjustment to the location of the crosswalk at Stephens Drive, this will be indicated on the official exhibits and the applicant will be notified of the change pnor to construction of the crosswalk. 2. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District requirements. Resolution No. 03-122 -3- 3. Pnor to any site work, the applicant shall comply with the following requirements: Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, a development agreement shall be executed between the developer and the City that covers at a minimum, sidewalk and construction and maintenance, repair and cleaning of public streets, requirement for a sidewalk and trail easement, the use of interim signage during construction of the 2370 building, construction phasing, and requirements for escrows or letters of credit to compliance. Submit financial security in the form of cash escrow or letter of credit in the amount of $75,000 to secure installation of required sidewalks and $10,000 to insure repair/cleaning of public streets. This financial security shall be released to applicant within 30 days after the completion of substantial construction activities on the project and complete installation and approval by the City of all required sidewalks. Reimbursement of City attorney's fees in drafting/reviewing such documents. Record an easement for the required sidewalk/trail where it is located on the private property. A copy of the Watershed District permit shall be forwarded to the City. Any other necessary permits from other agencies shall be obtained. Sign assent form and official exhibits. Obtain the required erosion control permits, utility permits and other permits required by the City. Meet any other conditions as required by the development agreement. a. b. c. d. e. f. g. h. 4. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Meet any Fire Department emergency access requirements for during construction. b. The applicant shall furnish the City with evidence of recording of the sidewalk and trail easement. c. Building materials samples shall be submitted to and approved by City. d. A lighting plan with photometncs, fixture detail, and imgation plan that comply with City ordinance regulations shall be submitted and approved by the community development department. Lighting plans and details for the roof of the parking ramp shall be submitted and approved by the community development department prior to any building permits being issued for the 2440 property. 5. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. In addition, pile driving shall not occur between 6 p.m. and 7 a.m. on weekdays and 6 p.m. and 9 a.m. on weekends and holidays. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. ensure Resolution No. 03-122 -4- f. Existing non -conforming signage on the 2370 property shall be removed concurrently with demolition of the existing building at 2370. Existing non- conforming signage on the 2440 property shall be removed within 30 days of the issuance of a temporary certificate of occupancy for the new 2370 building. 6. Pnor to issuance of a temporary certificate of occupancy for the 2370 property, the developer shall comply with the following: a. Post a cash escrow with the City in the amount of $500,000.00. The cash escrow shall be held by the City in an interest bearing account until substantial completion of all site and exterior building improvements on the 2440 site, including substantial completion of the parking ramp at which time the cash escrow and any interest shall be returned to the applicant. The cash escrow shall be forfeited to the City if the applicant has not substantially completed the parking ramp by December 31, 2004, or such later date approved by the City Council. The applicant shall have the right to request that the City Council extend the December 31, 2004 deadline, and shall be entitled to a six-month extension upon a showing of good cause. b. Post a cash escrow in the amount of $50,000.00 to insure compliance with condition 5f. requiring removal of the signage within 30 days of issuance of the temporary certificate of occupancy for the 2370 property, with forfeiture of the escrow to the City if the signs are not removed within the required time. c. Complete construction drawings and obtain building permits for the new parking ramp and building improvements for the existing 2440 building. d. Crosswalks and pedestnan crossing signs shall be installed in accordance with the final approval of the Public Works Director. 7. Pnor to issuance of any final certificate of occupancy for the properties the developer shall comply with the following: a. All non -conforming signs shall be removed from both properties. b. All site and building improvements including the parking ramp shall be completed on both properties. c. A letter of credit or cash escrow in the amount of $24,000 shall be submitted to the City to secure replacement of trees or shrubs which die. The letter of credit or cash escrow shall be released by the City 12 months after issuance of the final certificate of occupancy for the project if all of the trees, shrubs, and other landscaping matenals indicated on the approved landscape plan are in place and alive and healthy. 8. Dunng operation of any motor vehicle sales, the property owner shall comply with the following: a. No previously registered but currently unlicensed or non-operable vehicles shall be stored on premises. b. A minimum of 50% of the vehicles for sale on the PUD premises shall be new vehicles. c. Stnng lighting is prohibited. d. The area of open sale or rental lot used for storage and display of merchandise shall not exceed two square feet each square foot of building area. e. Test dnving is prohibited on local residential streets. A map showing test driving routes as indicated in the approved PUD exhibits shall be provided to all customers and employees. • • Resolution No. 03-122 -5- f. Outdoor public address systems are prohibited. g. All customer and employee parking shall be clearly designated and signed. h. The display or storage of motor vehicles is prohibited on any public nght-of-way. i. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. j. Employee parking is not permitted on any street abutting residential properties at any time. Employee parking may be temporanly all9wed on other streets dunng construction only as approved by the City. 9. Autobody/painting is not permitted as an accessory use to the PUD without a major amendment to it. 10. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues that the City Council deems appropriate and necessary. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 15, 2003 Attest: 1 26 • RESOLUTION NO. 03-122 OFFICE rli CG dl RI I.Of'7E H'ENNEr'!H CI:MI i 5 Hliv»ESO f CiP IEF,[Dr{1tOhi�D+""a' n:.rOli! r)o1 ?jj3 NOV ! Ei fei11 8: 22 ,./(9'8?,27448 :tom i _"_'_int COPY A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT 2370 and 2440 STATE HIGHWAY 100 SOUTH WHEREAS, the City Council approved the Preliminary PUD on July 7, 2003, Resolution No. 03-082; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received and deemed complete on May 19, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of August 6, 2003; and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 vote with all members present voting in the affirmative, 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. Findings BE IT RESOLVED BY the City Council of the City of St. Louis Park: 111 1. SLP Motors, LLC, (The Luther Company) has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within • Resolution No. 03-122 -2- the C-2 General Commercial district located at 2370 and 2440 State Highway 100 South for the legal description as follows, to -wit: Tract I: That part of the South 310 feet of the North 340 feet of the Southwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, lying West of State Highway No. 100 and lying East of a line drawn at a right angle to the North line of said quarter quarter and from a point therein distant 375.18 feet East of the Northwest corner of said quarter quarter. Abstract Tract II: Parcel 1: That part of Tracts A and B, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin, lying Easterly and Southerly of a line parallel with and 22.5 feet Easterly and Southerly of a line described as beginning at a point in the South line of said Tract B, distant 443.3 feet Easterly as measured along said South line, from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East, 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of the Southerly right of way line of the Great Northern Railroad right of way, thence North 73 degrees 08 minutes East along last said parallel to the Easterly line of Tract C in said Registered Land Survey and there terminating; except the East 50 feet of the above described property For the purposes of this description the West line of said Tract A is assumed to bear due North and South. Parcel 2: That part of the Easterly 50 feet of Tracts A and B which lies Southerly of the Southerly line of Tract C and of the Westerly extension of said Southerly line, all in Registered Land Survey No. 493. Files of Registrar of Titles, County of Hennepin. Parcel 3: That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29, Range 24, lying south of the Great Northern Railway right of way and West of State Highway No. 100, except that part described as follows, to -wit: Commencing at the point of intersection of the Southerly right of way line of the Great Northern Railway with the Westerly right of way line of State Highway No. 100; thence Southerly along said Westerly right of way line of State Highway No. 100, 377.6 feet; thence Westerly parallel with said Southerly right of way line of Great Northern Railway, a distance of 400 feet; thence at right angles Northerly 250 feet to the Southerly right of way line of Great Northern Railway; thence Easterly along said right of way line 220 feet; thence at right angles Northerly along Great Northern Railway right of way 80 feet; thence Easterly along the Southerly right of way line of Great Northern Railway 364 feet to the point of beginning, also except that part thereof embraced in Registered Land Survey No. 493. Torrens Resolution No. 03-122 -3- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -14 -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 with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it senously 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 36-367(b)(5). 4. The contents of Planning Case File 03 -14 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described are approved based on the findings set forth above and subject to the following conditions: • 1. The site shall be developed, used and maintained in accordance with the Final PUD official exhibits. If the Public Works department requests an adjustment to the location of the crosswalk at Stephens Drive, this will be indicated on the official exhibits and the applicant will be notified of the change pnor to construction of the crosswalk. • 2. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District requirements. 3. Prior to any site work, the applicant shall comply with the following requirements: a. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, a development agreement shall be executed between the developer and the City that covers at a minimum, sidewalk and construction and maintenance, repair and cleaning of public streets, requirement for a sidewalk and trail easement, the use of interim signage during construction of the 2370 building, construction phasing, and requirements for escrows or letters of credit to ensure compliance. b. Submit financial security in the form of cash escrow or letter of credit in the amount of $75,000 to secure installation of required sidewalks and $10,000 to insure repair/cleaning of public streets. This financial security shall be released to applicant within 30 days after the completion of substantial construction activities on the project and complete installation and approval by the City of all required sidewalks. c. Reimbursement of City attorney's fees in drafting/reviewing such documents. Resolution No. 03-122 -4- d. Record an easement for the required sidewalk/trail where it is located on the private property. e. A copy of the Watershed District permit shall be forwarded to the City. f. Any other necessary permits from other agencies shall be obtained. g. Sign assent form and official exhibits. h. Obtain the required erosion control permits, utility permits and other permits required by the City. i. Meet any other conditions as required by the development agreement. 4. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Meet any Fire Department emergency access requirements for during construction. b. The applicant shall furnish the City with evidence of recording of the sidewalk and trail easement. c. Building materials samples shall be submitted to and approved by City. d. A lighting plan with photometrics, fixture detail, and irrigation plan that comply with City ordinance regulations shall be submitted and approved by the community development department. Lighting plans and details for the roof of the parking ramp shall be submitted and approved by the community development department prior to any building permits being issued for the 2440 property. 5. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. In addition, pile driving shall not occur between 6 p.m. and 7 a.m. on weekdays and 6 p.m. and 9 a.m. on weekends and holidays. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. f. Existing non -conforming signage on the 2370 property shall be removed concurrently with demolition of the existing building at 2370. Existing non- conforming signage on the 2440 property shall be removed within 30 days of the issuance of a temporary certificate of occupancy for the new 2370 building. 6. Prior to issuance of a temporary certificate of occupancy for the 2370 property, the developer shall comply with the following: • Resolution No. 03-122 -5- a. Post a cash escrow with the City in the amount of $500,000.00. The cash escrow shall be held by the City in an interest bearing account until substantial completion of all site and exterior building improvements on the 2440 site, including substantial completion of the parking ramp at which time the cash escrow and any interest shall be returned to the applicant. The cash escrow shall be forfeited to the City if the applicant has not substantially completed the parking ramp by December 31, 2004, or such later date approved by the City Council. The applicant shall have the nght to request that the City Council extend the December 31, 2004 deadline, and shall be entitled to a six-month extension upon a showing of good cause. b. Post a cash escrow in the amount of $50,000.00 to insure compliance with condition 5f. requiring removal of the signage within 30 days of issuance of the temporary certificate of occupancy for the 2370 property, with forfeiture of the escrow to the City if the signs are not removed within the required time. c. Complete construction drawings and obtain building permits for the new parking ramp and building improvements for the existing 2440 building. d. Crosswalks and pedestrian crossing signs shall be installed in accordance with the final approval of the Public Works Director. 7. Prior to issuance of any final certificate of occupancy for the properties the developer 0 shall comply with the following: a. All non -conforming signs shall be removed from both properties. b. All site and building improvements including the parking ramp shall be completed on both properties. c. A letter of credit or cash escrow in the amount of $24,000 shall be submitted to the City to secure replacement of trees or shrubs which die. The letter of credit or cash escrow shall be released by the City 12 months after issuance of the final certificate of occupancy for the project if all of the trees, shrubs, and other landscaping materials indicated on the approved landscape plan are in place and alive and healthy. 8. During operation of any motor vehicle sales, the property owner shall comply with the following: a. No previously registered but currently unlicensed or non-operable vehicles shall be stored on premises. b. A minimum of 50% of the vehicles for sale on the PUD premises shall be new vehicles. c. String lighting is prohibited. d. The area of open sale or rental lot used for storage and display of merchandise shall not exceed two square feet each square foot of building area. e. Test driving is prohibited on local residential streets. A map showing test driving routes as indicated in the approved PUD exhibits shall be provided to all customers and employees. E Outdoor public address systems are prohibited. Resolution No. 03-122 -6- g. All customer and employee parking shall be clearly designated and signed. h. The display or storage of motor vehicles is prohibited on any public right-of-way. 1. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. j. Employee parking is not permitted on any street abutting residential properties at any time. Employee parking may be temporarily all9wed on other streets during construction only as approved by the City. 9. Autobody/painting is not permitted as an accessory use to the PUD without a major amendment to it. 10. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues that the City Council deems appropriate and necessary. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. 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 original Resolution No. 03-122 adopted at the St. Louis Park City Council meeting held on September 15, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. x&44_ Nancy J. Stro , eputy City Clerk u! { 0 m -D C 3S789O3 = m z 5:1J n m m � z 0 CD -1"t 0 • C - Y Z.'' CO -1; - a N f- = pi -nom Y c,� d -I 2. i -1 CO r — 0 cn RESOLUTION NO. 03-122 0 -n -n n m o0 -11 jm c� 0ITJ D A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT 2370 and 2440 STATE HIGHWAY 100 SOUTH WHEREAS, the City Council approved the Preliminary PUD on July 7, 2003, Resolution No. 03-082; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received and deemed complete on May 19, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of August 6, 2003; and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 vote with all members present voting in the affirmative, 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. SLP Motors, LLC (The Luther Company) has made application to the City Council for a Planned Unit Development under Section 36-367 of;the St. Louis,ParkOrdinance Code within • r Resolution No. 03-122 -2- the C-2 General Commercial district located at 2370 and 2440 State Highway 100 South for the legal description as follows, to -wit: Tract I: That part of the South 310 feet of the North 340 feet of the Southwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, lying West of State Highway No. 100 and lying East of a line drawn at a right angle to the North line of said quarter quarter and from a point therein distant 375.18 feet East of the Northwest corner of said quarter quarter. Abstract Tract II: Parcel 1: That part of Tracts A and B, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin, lying Easterly and Southerly of a line parallel with and 22.5 feet Easterly and Southerly of a line described as beginning at a point in the South line of said Tract B, distant 443.3 feet Easterly as measured along said South line, from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East, 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of the Southerly right of way line of the Great Northern Railroad right of way, thence North 73 degrees 08 minutes East along last said parallel to the Easterly line of Tract C in said Registered Land Survey and there terminating; except the East 50 feet of the above described property. For the purposes of this description the West line of said Tract A is assumed to bear due North and South. Parcel 2: That part of the Easterly 50 feet of Tracts A and B which lies Southerly of the Southerly line of Tract C and of the Westerly extension of said Southerly line, all in Registered Land Survey No. 493. Files of Registrar of Titles, County of Hennepin. Parcel 3: That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29, Range 24, lying south of the Great Northern Railway right of way and West of State Highway No. 100, except that part described as follows, to -wit: Commencing at the point of intersection of the Southerly right of way line of the Great Northern Railway with the Westerly right of way line of State Highway No. 100; thence Southerly along said Westerly right of way line of State Highway No. 100, 377.6 feet; thence Westerly parallel with said Southerly right of way line of Great Northern Railway, a distance of 400 feet; thence at right angles Northerly 250 feet to the Southerly right of way line of Great Northern Railway; thence Easterly along said right of way line 220 feet; thence at right angles Northerly along Great Northern Railway right of way 80 feet; thence Easterly along the Southerly right of way line of Great Northern Railway 364 feet to the point of beginning, also except that part thereof embraced in Registered Land Survey No. 493. Torrens e Resolution No. 03-122 -3- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -14 -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 with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed 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 36-367(b)(5). 4. The contents of Planning Case File 03 -14 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described are approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Final PUD official exhibits. If the Public Works department requests an adjustment to the location of the crosswalk at Stephens Drive, this will be indicated on the official exhibits and the applicant will be notified of the change prior to construction of the crosswalk. 2. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District requirements. 3. Prior to any site work, the applicant shall comply with the following requirements: a. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, a development agreement shall be executed between the developer and the City that covers at a minimum, sidewalk and construction and maintenance, repair and cleaning of public streets, requirement for a sidewalk and trail easement, the use of interim signage during construction of the 2370 building, construction phasing, and requirements for escrows or letters of credit to ensure compliance. b. Submit financial security in the form of cash escrow or letter of credit in the amount of $75,000 to secure installation of required sidewalks and $10,000 to insure repair/cleaning of public streets. This financial security shall be released to applicant within 30 days after the completion of substantial construction activities on the project and complete installation and approval by the City of all required sidewalks. c. Reimbursement of City attorney's fees in drafting/reviewing such documents. • Resolution No. 03-122 -4- d. Record an easement for the required sidewalk/trail where it is located on the private property. e. A copy of the Watershed District permit shall be forwarded to the City. f. Any other necessary permits from other agencies shall be obtained. g. Sign assent form and official exhibits. h. Obtain the required erosion control permits, utility permits and other permits required by the City. i. Meet any other conditions as required by the development agreement. 4. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Meet any Fire Department emergency access requirements for during construction. b The applicant shall furnish the City with evidence of recording of the sidewalk and trail easement c Building materials samples shall be submitted to and approved by City. d. A lighting plan with photometncs, fixture detail, and irrigation plan that comply with City ordinance regulations shall be submitted and approved by the community development department. Lighting plans and details for the roof of the parking ramp shall be submitted and approved by the community development department prior to any building permits being issued for the 2440 property. 5. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. In addition, pile driving shall not occur between 6 p.m. and 7 a.m. on weekdays and 6 p.m. and 9 a.m. on weekends and holidays. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. f. Existing non -conforming signage on the 2370 property shall be removed concurrently with demolition of the existing building at 2370. Existing non- conforming signage on the 2440 property shall be removed within 30 days of the issuance of a temporary certificate of occupancy for the new 2370 building. 6. Prior to issuance of a temporary certificate of occupancy for the 2370 property, the developer shall comply with the following: • Resolution No. 03-122 -5- a. Post a cash escrow with the City in the amount of $500,000.00. The cash escrow shall be held by the City in an interest bearing account until substantial completion of all site and exterior building improvements on the 2440 site, including substantial completion of the parking ramp at which time the cash escrow and any interest shall be returned to the applicant. The cash escrow shall be forfeited to the City if the applicant has not substantially completed the parking ramp by December 31, 2004, or such later date approved by the City Council. The applicant shall have the right to request that the City Council extend the December 31, 2004 deadline, and shall be entitled to a six-month extension upon a showing of good cause. b. Post a cash escrow in the amount of $50,000.00 to insure compliance with condition 5f. requiring removal of the signage within 30 days of issuance of the temporary certificate of occupancy for the 2370 property, with forfeiture of the escrow to the City if the signs are not removed within the required time. c. Complete construction drawings and obtain building permits for the new parking ramp and building improvements for the existing 2440 building. d. Crosswalks and pedestrian crossing signs shall be installed in accordance with the final approval of the Public Works Director. 7. Prior to issuance of any final certificate of occupancy for the properties the developer shall comply with the following: a. All non -conforming signs shall be removed from both properties. b. All site and building improvements including the parking ramp shall be completed on both properties. c. A letter of credit or cash escrow in the amount of $24,000 shall be submitted to the City to secure replacement of trees or shrubs which die. The letter of credit or cash escrow shall be released by the City 12 months after issuance of the final certificate of occupancy for the project if all of the trees, shrubs, and other landscaping materials indicated on the approved landscape plan are in place and alive and healthy. 8. During operation of any motor vehicle sales, the property owner shall comply with the following: a. No previously registered but currently unlicensed or non-operable vehicles shall be stored on premises. b. A minimum of 50% of the vehicles for sale on the PUD premises shall be new vehicles. c. String lighting is prohibited. d. The area of open sale or rental lot used for storage and display of merchandise shall not exceed two square feet each square foot of building area. e. Test driving is prohibited on local residential streets. A map showing test driving routes as indicated in the approved PUD exhibits shall be provided to all customers and employees. f. Outdoor public address systems are prohibited. f ® Resolution No. 03-122 -6- g. All customer and employee parking shall be clearly designated and signed. h. The display or storage of motor vehicles is prohibited on any public right-of-way. i. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. j. Employee parking is not permitted on any street abutting residential properties at any time. Employee parking may be temporarily all9wed on other streets during construction only as approved by the City. r 9. Autobody/painting is not permitted as an accessory use to the PUD without a major amendment to it. 10. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues that the City Council deems appropriate and necessary. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. 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 original Resolution No. 03-122 adopted at the St. Louis Park City Council meeting held on September 15, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. Ganc JStroth,Geputy City Clerk