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HomeMy WebLinkAbout04-054 - ADMIN Resolution - City Council - 2004/04/19RESOLUTION NO. 04-054 Amends and Restates Resolution 01-151 Rescinds Resolutions 00-012, 99-125 and 98-103 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 01-151 ADOPTED ON DECEMBER 17, 2001, GRANTING AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT FOR A SHOPPING CENTER OVER 200,000 SQUARE FEET WITH A GROCERY STORE UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 8332 STATE HIGHWAY NO. 7 WHEREAS, General Growth Properties, Inc. has made application to the City Council for a major Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to eliminate the previous theater approval, and approve modifications to the interior floor plan, and extenor facade and entrances changes to the existing building at 8332 State Highway No. 7 within a C-2 General Commercial Zoning District having the following legal description: See Attached Legal Descnption — Exhibit A WHEREAS, the City Council has considered the information related to Planning Case No. 04 -07 -PUD and the effect of the proposed exterior facade and entrance changes on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive plan; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 99-125 of the St. Louis Park City Council dated November 1, 1999 which contained conditions applicable to said property; and WHEREAS, Resolution No. 99-125 was rescinded and a Planned Unit Development (PUD) was approved regarding the subject property pursuant to Resolution No. 00-012 of the St. Louis Park City Council dated February 7, 2000 which contained conditions applicable to said property; and WHEREAS, Resolution No. 00-012 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No. 01- 151 of the St. Louis Park City Council dated December 17, 2001 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 Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 01-151 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and Resolution No. 04-054 -2- WHEREAS, the contents of Planning Case File 04 -07 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-151 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location described above for a shopping center over 200,000 square feet with a grocery store 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 City Code and the approved Official Exhibit A, Existing Conditions -Site Plan. (Amended by Condition 2 on December 17, 2001, and Condition 3 on April 19, 2004). 2. The PUD shall be amended on December 17, 2001 to allow certain facade changes and additional entrances on the south side in accordance with Exhibit B/C- Site Plan and elevations stamped as received November 27, 2001, and the following conditions. a. All food service facilities shall be as approved by the Inspections Department. b. No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions). Temporary permits for outdoor sales shall be issued only as the Zoning Administrator determines that adequate parking remains for the rest of the mall. c. By February 7, 2005, all landscaped areas including parking islands shall have automatic irrigation. d. Developer shall work with staff to provide evergreen plantings along Aquila Avenue if possible. e. All building facades must maintain true cement stucco at the pedestrian level as approved by the Zoning Administrator. f. All existing and proposed stucco and EIFS must be painted to match Kohl's and Old Navy. g. Fire lanes shall be provided as required by the Fire Marshall. h. Prior to any site work related to the facade changes and additional entrances per December 17, 2001 amendment, the applicant shall obtain a building permit, which may impose additional requirements. i. Prior to installation of any new signs, the applicant shall obtain sign permits, which may impose additional restrictions. 3. The Planned Unit Development shall be amended on April 19, 2004 to eliminate the previous theater approvals, approve modifications to the interior floor plan and exterior enhancements to the existing building, and to incorporate all of the other preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the approved Official Exhibits Al, Site Survey, B1, Existing Site Plan, C1 & 2, Exterior Elevations, D1, Landscape Plan as modified prior to signing to meet required conditions of this approval, documents incorporated by reference herein. • • Resolution No. 04-054 -3- b. Prior to issuance of any building permits for interior floor plan modifications or exterior enhancements, which may impose additional requirements, the developer shall comply with the following: i. Meet all Inspection Department/Utility requirements as recommended by staff. ii. Meet any Fire Department emergency access requirements for during construction. iii. Building materials samples/colors shall be submitted to and approved by the Zoning Administrator. iv. An irrigation plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. v. Revised site lighting plan/photometric shall be submitted to and approved by the Zoning Administrator. vi. Developer/Owner must sign the Assent Form and approved official Exhibits. c. The developer shall comply with the following conditions during construction: 1 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. ii. Loud equipment shall be kept as far as possible from residences at all times. ii. The site shall be kept free of dust and debns that could blow onto neighboring properties. iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. d. Prior to issuance of a new Certificate of Occupancy or Registration of Land Use for the portion of the Mall proposed for the fitness center or relocated/expanded TJ Maxx, (which may be approved for other retail) the developer shall comply with the following: i. On-site lighting, other than the transit lighting, must be brought into compliance with City requirements. ii. Parking area improvements must be completed in accordance with the signed Official Exhibits. iii. Fire lanes shall be in accordance with the signed Official Exhibits. iv. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved irrigation plan except that a temporary C of 0 can be issued prior to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irrigation improvements. v. Exterior building improvements shall be complicated in accordance with the signed Official Exhibits and approved materials and colors. Resolution No. 04-054 -4- e. Prior to issuance of any Certificate of Occupancy or Registration of Land use for additional tenants or tenant changes along the north building facade, that portion of the north building facade must be brought into full compliance with the City's architectural requirements. Any new entry or any exterior building changes to the north facade must also be in full compliance with the City's Architectural Code. f. On-site storm water management must be brought into compliance with City standards when any future projects affect the parking lot or with any future building expansions. g• Prior to the installation of any new signs, including temporary signs or new sign faces, the applicant shall obtain sign permits, which shall comply with ordinance requirements unless variances are obtained. h. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. Assent form and official exhibits must be signed by applicant (or applicant and owner if appli • t is ' ifferent from owner) prior to issuance of building permit. Review - d or Adm 'station: City Attest: • d th ity Council April 19, 2004 // (Qv') May/r Resolution No. 04-054 -5- EXHIBIT A 0 PARCEL 1 That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Pnncipal Mendian, which hes North of State Trunk Highway No 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262 1 feet, thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954 12 feet, more or less, to a point on the Northerly right-of-way line of State Trunk Highway No. 7, excepting therefrom the following 5 parcels: 1 That part of said South Half of the Southeast Quarter descnbed as follows: Beginning at the Northeast corner of said South Half of the Southeast Quarter, thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter; thence North along said East line 499 55 feet more or less to the point of beginning. 2 The right-of-way of Texas Avenue, 3 That part of said South Half of the Southeast Quarter described as follows Beginning at the Northwest corner of said South Half of the Southeast Quarter, thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be descnbed; thence running South at right angles 192.92 feet, thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252 36 feet, thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or Tess, to a point in the Northerly nght-of-way line of State Trunk Highway No 7, thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said nght-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning, 4 That part of South Half of the Southeast Quarter descnbed as follows: Commencing at the Northwest corner of said South Half of the Southeast Quarter; thence South 87 45 feet, thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325 2 feet; thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter, thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly Resolution No. 04-054 -6- along the quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning: thence 20 feet Southerly along the quarter line; thence 120 00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western right-of-way line of Aquila Avenue; thence Northerly along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly nght-of-way line of West 36th Street to the point of beginning 5 That part of the said South Half of the Southeast Quarter described as follows Commencing at the Northeasterly corner of said South Half of the Southeast Quarter, thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at nght angles to and parallel with said Easterly line, and the point of beginning of the land to be described, thence continuing Easterly along the last descnbed course a distance of 13.00 feet to the intersection with a line 33.00 feet Westerly of as measured at nght angles to and parallel with said Easterly line; thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly nght-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the point of beginning; according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Pnncipal Mendian descnbed as follows. Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St. Louis Park, MN and the North line of said South Half of said Southeast Quarter ; thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet, thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499.55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P M., except the North 30 00 feet thereof. According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 3 Lots 1 and 2, Block 1; Knollwood Mall 15` Addition, Hennepin County, Minnesota Torrens Abstract • • • TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER 3990692 CI WG SERVICES m T -- zLLI 04 - 00 z Gr: o�• RESOLUTION NO. 04-054 Amends and Restates Resolution 01-151 Rescinds Resolutions 00-012, 99-125 and 98-103 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 01-151 ADOPTED ON DECEMBER 17, 2001, GRANTING AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT FOR A SHOPPING CENTER OVER 200,000 SQUARE FEET WITH A GROCERY STORE UNDER SECTION 36-367 OF THE ST. LOUIS PARK • ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL FOR PROPERTY LOCATED AT -8332 STATEHIGHWAY NO. 7 • WHEREAS, General Growth Properties, Inc has made application to the City Council for a major Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to eliminate the previous theater approval, and approve modifications to the interior floor plan, and extenor facade and entrances changes to the existing building at 8332 State Highway No. 7 within a C-2 General Commercial Zoning Distnct having the following legal descnption: See Attached Legal Description — Exhibit A WHEREAS, the City Council has considered the information related to Planning Case No 04 -07 -PUD and the effect of the proposed exterior facade and entrance changes on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive plan; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No 99-125 of the St Louis Park City Council dated November 1, 1999 which contained conditions applicable to said property, and WHEREAS, Resolution No. 99-125 was rescinded and a Planned Unit Development (PUD) was approved regarding the subject property pursuant to Resolution No. 00-012 of the St Louis Park City Council dated February 7, 2000 which contained conditions applicable to said property; and r - Resolution No. 04-054 -2- WHEREAS, Resolution No 00-012 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No 01- 151 of the St. Louis Park City Council dated December 17, 2001 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 Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No 01-151 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case File 04 -07 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-151 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location described above for a shopping center over 200,000 square feet with a grocery store based on the findings set forth above and subject to the following conditions. III1. The site shall be developed, used and maintained in accordance with City Code and the approved Official Exhibit A, Existing Conditions -Site Plan. (Amended by Condition 2 on December 17, 2001, and Condition 3 on April 19, 2004). • 2. The PUD shall be amended on December 17, 2001 to allow certain facade changes and additional entrances on the south side in accordance with Exhibit B/C- Site Plan and elevations stamped as received November 27, 2001, and the following conditions. a. All food service facilities shall be as approved by the Inspections Department. b. No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions). Temporary permits for outdoor sales shall be issued only as the Zoning Administrator deteimines that adequate parking remains for the rest of the mall c By February 7, 2005, all landscaped areas including parking islands shall have automatic imgation. d. Developer shall work with staff to provide evergreen plantings along Aquila Avenue if possible. e. All building facades must maintain true cement stucco at the pedestnan level as approved by the Zoning Administrator. f. All existing and proposed stucco and EIFS must be painted to match Kohl's and Old Navy. g Fire lanes shall be provided as required by the Fire Marshall. h Pnor to any site work related to the facade changes and additional entrances per December 17, 2001 amendment, the applicant shall obtain a building permit, which may impose additional requirements. 1 Pnor to installation of any new signs, the applicant shall obtain sign permits, which may impose additional restrictions. Resolution No. 04-054 -3- • 3 The Planned Unit Development shall be amended on April 19, 2004 to eliminate the previous theater approvals, approve modifications to the intenor floor plan and extenor enhancements to the existing building, and to incorporate all of the other preceding conditions and add the following conditions: a The site shall be developed, used and maintained in accordance with the approved Official Exhibits Al, Site Survey, B1, Existing Site Plan, C1 & 2, Extenor Elevations, D1, Landscape Plan as modified prior to signing to meet required conditions of this approval, documents incorporated by reference herein. b Pnor to issuance of any building permits for intenor floor plan modifications or exterior enhancements, which may impose additional requirements, the developer shall comply with the following: i. Meet all Inspection Department/Utility requirements as recommended by staff. it. Meet any Fire Department emergency access requirements for during construction. 1i1. Building matenals samples/colors shall be submitted to and approved by the Zoning Administrator. iv. An imgation plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. v. Revised site lighting plan/photometric shall be submitted to and approved by the Zoning Administrator vi Developer/Owner must sign the Assent Form and approved official Exhibits. c. The developer shall comply with the following conditions during construction: 1 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. ii. Loud equipment shall be kept as far as possible from residences at all times 11. The site shall be kept free of dust and debns that could blow onto neighboring properties. iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. d Pnor to issuance of a new Certificate of Occupancy or Registration of Land Use for the portion of the Mall proposed for the fitness center or relocated/expanded TJ Maxx, (which may be approved for other retail) the developer shall comply with the following• i. On-site lighting, other than the transit lighting, must be brought into compliance with City requirements. 1i. . Parking area improvements must be completed in accordance with the signed Official Exhibits. 111 Fire lanes shall be in accordance with the signed Official Exhibits. Resolution No. 04-054 -4- iv. Landscaping and imgation shall be in accordance with the signed Official Exhibits and approved imgation plan except that a temporary C of 0 can be issued pnor to completion of landscaping and imgation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and imgation improvements. v. Exterior building improvements shall be complicated in accordance with the signed Official Exhibits and approved matenals and colors. e. Pnor to issuance of any Certificate of Occupancy or Registration of Land use for additional tenants or tenant changes along the north building facade, that portion of the north building facade must be brought into full compliance with the City's architectural requirements Any new entry or any exterior building changes to the north facade must also be in full compliance with the City's Architectural Code f. On-site storm water management must be brought into compliance with City standards when any future projects affect the parking lot or with any future building expansions g Prior to the installation of any new signs, including temporary signs or new sign faces, the applicant shall obtain sign permits, which shall comply with ordinance requirements unless variances are obtained. h. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval 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 original Resolution No 04-054 adopted at the St Louis Park City Council meeting held on April 19, 2004 WITNESS my hand and the Seal of the City of St Louis Park this 20th day of May, 2004. Nancy J. S th Deputy City Clerk Resolution No. 04-054 -5- 0 PARCEL 1: EXHIBIT A That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Pnncipal Mendran, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325 2 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly nght-of-way line of State Trunk Highway No. 7; excepting therefrom the following 5 parcels: 1 That part of said South Half of the Southeast Quarter descnbed as follows: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter; thence North along said East line 499.55 feet more or less to the point of beginning. • 2. The nght-of-way of Texas Avenue; 3 That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be descnbed; thence running South at nght angles 192.92 feet; thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252.36 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point in the Northerly nght-of-way line of State Trunk Highway No. 7; thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said nght-of-way line 37.6 feet, thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning; 4 That part of South Half of the Southeast Quarter described as follows: Commencing at the Northwest corner of said South Half of the Southeast Quarter, thence South 87 45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet; thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter; thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly Resolution No. 04-054 -6- along the quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning: thence 20 feet Southerly along the quarter line; thence 120.00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western nght-of-way line of Aquila Avenue; thence Northerly along the nght-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly nght-of-way line of West 36th Street to the point of beginning. 5. That part of the said South Half of the Southeast Quarter described as follows: Commencing at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet, thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at nght angles to and parallel with said Easterly line, and the point of beginning of the land to be descnbed; thence continuing Easterly along the last descnbed course a distance of 13.00 feet to the intersection with a line 33 00 feet Westerly of as measured at nght angles to and parallel with said Easterly line, thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly nght-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171 01 feet to the point of beginning; according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Mendian descnbed as follows: Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St. Louis Park, MN and the North line of said South Half of said Southeast Quarter ; thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quaver a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499 55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P M , except the North 30 00 feet thereof According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Abstract PARCEL 3 • Lots 1 and 2, Block 1; Knollwood Mall ls` Addition, Hennepin County, Minnesota Torrens • TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES JUL 12 '04 RESOLUTION NO. 04-054 I111 1 II 11 1111 I �u 1 Doc No 8403152 07/23/2094 09 00 AM Certified filed and or recorded 'on above date Office of the County corder Hennepin County, MI nesota Michael H Cunniff, Cou Recorder Deputy 021 Transl 48577 Fees $15 00 DOC $4 50 SUR $5 00 MAIL $24 50 Total Amends and Restates Resolution 01-151 Rescinds Resolutions 00-012, 99-125 and 98-103 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 01-151 ADOPTED ON DECEMBER 17, 2001, GRANTING AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT FOR A SHOPPING CENTER OVER 200,000 SQUARE FEET WITH A GROCERY STORE UNDER SECTION 36-367 OF THE ST. LOUIS PARK • ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 8332 STATE HIGHWAY NO. 7 WHEREAS, General Growth Properties, Inc. has made application to the City Council for a major Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to eliminate the previous theater approval, and approve modifications to the interior floor plan, and extenor facade and entrances changes to the existing` building at 8332 State Highway No 7 within a C-2 General Commercial Zoning District having the following legal description. See Attached Legal Descnption — Exhibit A WHEREAS, the City Council has considered the information related to Planning Case No 04 -07 -PUD and the effect of the proposed extenor facade and entrance changes on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive plan, and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No 99-125 of the St Louis 'Park City Council -dated November 1, 1999 which contained conditions applicable to said property, and WHEREAS, Resolution No. 99-125 was rescinded and a Planned Unit Development (PUD) was approved regarding the subject property pursuant to Resolution No. 00-012 of the St. Louis Park City Council dated February 7, 2000 which contained conditions applicable to said property; and • . ltesolijtion No. 04-054 -2- WHEREAS, Resolution No. 00-012 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No. 01- 151 of the St. Louis Park City Council dated December 17, 2001 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No 01-151 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case File 04 -07 -PUD are hereby entered into and made part of the public heanng and the record of decision tor this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-151 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location described above for a shopping center over 200,000 square feet with a grocery store 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 City Code and the approved Official Exhibit A, Existing Conditions -Site Plan. (Amended by Condition 2 on December 17, 2001, and Condition 3 on April 19, 2004). • 2 The PUD shall be amended on December 17, 2001 to allow certain facade changes and additional entrances on the south side in accordance with Exhibit B/C- Site Plan and elevations stamped as received November 27, 2001, and the following conditions a. All food service facilities shall be as approved by the Inspections Department. b. No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions). Temporary permits for outdoor sales shall be issued only as the Zoning Administrator determines that adequate parking remains for the rest of the mall c By February 7, 2005, all landscaped areas including parking islands shall have automatic imgation. d Developer shall work with staff to provide evergreen plantings along Aquila Avenue if possible. e. All building facades must maintain true cement stucco at the pedestnan level as approved by the Zoning Administrator. f All existing and proposed stucco and EIFS must be painted to match Kohl's and Old Navy. g. Fire lanes shall be provided as required by the Fire Marshall. h. Pnor to any site work related to the facade changes and additional entrances per December 17, 2001 amendment, the applicant shall obtain a building permit, which may impose additional requirements. 1. Prior to installation of any new signs, the applicant shall obtain sign permits, which may impose additional restrictions. lfesoljtion No. 04-054 -3- ® 3. The Planned Unit Development shall be amended on April 19, 2004 to eliminate the previous theater approvals, approve modifications to the intenor floor plan and exterior enhancements to the existing building, and to incorporate all of the other preceding conditions and add the following conditions: a The site shall be developed, used and maintained in accordance with the approved Official Exhibits Al, Site Survey, B1, Existing Site Plan, C1 & 2, Exterior Elevations, D1, Landscape Plan as modified pnor to signing to meet required conditions of this approval, documents incorporated by reference herein. b. Pnor to issuance of any building permits for intenor floor plan modifications or exterior enhancements, which may impose additional requirements, the developer shall comply with the following - 1 Meet all Inspection Department/Utility requirements as recommended by staff. 11 Meet any Fire Department emergency access requirements for dunng construction. 111 Building matenals samples/colors shall be submitted to and approved by the Zoning Administrator. iv An imgation plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator v Revised site lighting plan/photometnc shall be submitted to and approved by the Zoning Administrator vi Developer/Owner must sign the Assent Form and approved official Exhibits. c The developer shall comply with the following conditions during construction: i 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 11. Loud equipment shall be kept as far as possible from residences at all times. Ii. The site shall be kept free of dust and debns that could blow onto neighboring properties iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties d. Prior to issuance of a new Certificate of Occupancy or Registration of Land Use for the portion of the Mall proposed for the fitness center or relocated/expanded TJ Maxx, (which may be approved for other retail) the developer shall comply with the following: 1. On-site lighting, other than the transit lighting, must be brought into compliance with City requirements. 11. Parking area Improvements must be completed in accordance with the signed Official Exhibits. 111 Fire lanes shall be in accordance with the signed Official Exhibits. . llesohution No. 04-054 -4- iv. Landscaping and imgation shall be in accordance with the signed Official Exhibits and approved imgation plan except that a temporary C of 0 can be issued prior to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and imgation improvements. v. Extenor building improvements shall be complicated in accordance with the signed Official Exhibits and approved materials and colors. e Pnor to issuance of any Certificate of Occupancy or Registration of Land use for additional tenants or tenant changes along the north building facade, that portion of the north building facade must be brought into full compliance with the City's architectural requirements Any new entry or any exterior building changes to the north facade must also be in full compliance with the City's Architectural Code. f. On-site storm water management must be brought into compliance with City standards when any future projects affect the parking lot or with any future building expansions g,_ to the installation of any new signs, including temporar signs or new sign faces, the applicant shall obtain sign permits, which shall comply with ordinance requirements unless variances are obtained. h The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior 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 original Resolution No. 04-054 adopted at the St. Louis Park City Council meeting held on April 19, 2004. WITNESS my hand and the Seal of the City of St Louis Park this 20th day of May, 2004. Nancy J. St th, Deputy City Clerk , Resolution No. 04-054 -5- 0 PARCEL 1: EXHIBIT A That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Pnncipal Mendian, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet; thence deflecting to the nght 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly nght-of-way line of State Trunk Highway No. 7; excepting therefrom the following 5 parcels: 1. That part of said South Half of the Southeast Quarter descnbed as follows: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter; thence North along said East line 499.55 feet more or less to the point of beginning. 2 The right-of-way of Texas Avenue, 3 That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or Less, to the Northwest corner of the East seven -eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be descnbed; thence running South at right angles 192.92 feet; thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252.36 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954 12 feet, more or less, to a point in the Northerly right-of-way line of State Trunk Highway No. 7; thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the nght 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning, 4. That part of South Half of the Southeast Quarter descnbed as follows: Commencing at the Northwest corner of said South Half of the Southeast Quarter; thence South 87.45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet; thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter; thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly • , Resolution No. 04-054 -6- along the quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning. thence 20 feet Southerly along the quarter line; thence 120.00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western nght-of-way line of Aquila Avenue; thence Northerly along the nght-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly nght-of-way line of West 36th Street to the point of begi nning. 5 That part of the said South Half of the Southeast Quarter described as follows: Commencing at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783 00 feet, thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at nght angles to and parallel with said Easterly line, and the point of beginning of the land to be descnbed; thence continuing Easterly along the last descnbed course a distance of 13.00 feet to the intersection with a line 33 00 feet Westerly of as measured at right angles to and parallel with said Easterly line, thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly right-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at nght angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the point of beginning; according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Pnncipal Meridian descnbed as follows. Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St Louis Park, MN and the North line of said South Half of said Southeast Quarter ; thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499 55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P.M., except the North 30.00 feet thereof. According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Abstract PARCEL 3: ® Lots 1 and 2, Block 1; Knollwood Mall lst Addition, Hennepin County, Minnesota Torrens