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HomeMy WebLinkAbout04-149 - ADMIN Resolution - City Council - 2004/12/06RESOLUTION NO. 04-149 Amends and Restates Resolution No. 96-39 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 96-39 ADOPTED ON MARCH 18, 1996, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT TO ALLOW THE CONSTRUCTION OF A SUPERTARGET STORE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AT 8900 HIGHWAY 7 FINDINGS WHEREAS, Target Corporation has made application to the City Council for an amendment to an existing special permit to allow the construction of a SuperTarget store at 8900 Highway 7 within a C-2 General Commercial Zoning Distnct having the following legal description• Lot 3, Block 1, Target Second Addition (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 96 -8 -CUP and 04 -32 -CUP and the effect of the proposed building 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, an amendment to an existing special permit was issued regarding the subject property pursuant to Resolution No. 96-39 of the St. Louis Park City Council dated March 18, 1996 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 permit, and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 96-39, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, WHEREAS, the contents of Case Nos. 96 -8 -CUP and 04 -32 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 96-39 (filed as Document No 2696197) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting the construction of a SuperTarget store within the C-2 General Commercial District at the location described above based on the following conditions: 1 That the site be developed, used and maintained in accordance with Exhibit A — General Plan; Exhibit B — Proposed Drainage Plan (as modified by the Planning Department on November 2, 1971); and Exhibit C — Final Plan Target First Addition, except as said Resolution No. 04-149 -2- exhibits may be hereinafter modified by the following conditions or conditions under the plat of Target First Addition (exhibits are on file in the City Development office at the City of St. Louis Park.) 2. All new electric, gas, water, sanitary sewer, telephone, and utilities shall be placed underground. 3 The 44 -foot wide pnvate road from Target Road to West 36th Street shall have a poured - in -place concrete curb at least 6 inches high and said road and curb shall be constructed at standards acceptable to the City Engineer. Said road shall be kept clean and free from potholes and maintained thereafter. 4. Street trees shall be planted abutting the pnvate road at a spacing of one tree for every 50 feet as shown on Exhibit A, as modified. 5. Additional landscaping in the parking lot and along the pedestnan way shall be provided as shown on Exhibit A, as modified. The pnvate road from West 26th Street to Target Road shall have decorative on -street lighting to provide 1.5 foot candles at the street level, or equal to or greater than the level of lighting in the parking lots if said lighting exceeds 1.5 foot candles. 6. 7 8. A pedestnan walk shall be provided along the west side of Lot 4 from the proposed bus plaza to West 36th Street. The pedestnan network shall be improved with landscaping as shown on Exhibit A, as modified. Signs shall be limited to nameplate signs, symbols, logos and architectural features that identify a particular service or goods provided on that site. All signs shall meet the following conditions: a. No advertising or business signs shall be located within 25 feet of the pnvate road. b. Billboards are hereby prohibited. c. All new signs are to be integrated with the building unless a need for a free- standing sign is documented in which case there shall be no more than one free- standing sign which does not exceed 80 square feet in area and 25 feet in height per lot d. Business signs not attached to the buildings shall be architecturally treated and coordinated with the principal building by use of compatible matenals and design. e Lighting for signs shall be interior or indirect so that light rays are not directly visible beyond the lot lines. 9. All new buildings and remodeling of either existing or new buildings shall be compatible and complimentary to the highest standard of building located between West 36th Street, Aquila Avenue, the Burlington Northern Railroad nght-of-way and Highway 7. Elements of compatibility include but are not limited to: Building form and mass, extenor matenals and their appearance and durability, landscaping, extenor lighting, and site development. • Resolution No. 04-149 -3- 10. Development on vacant lots requires a special permit and the filing of an application under provisions provided in the Ordinance All such proposals must be compatible with the overall plan. 11. All of the improvements shall be in accordance with the following schedule: a. The private road including the curbing, surfacing, landscaping and tree planting adjacent thereto shall be completed by July 1, 1973. b. Construction of a major pedestnan walk and landscaping adjacent thereto between Target Road and Target Department Store and from the Target Department Store to the north end of the Target Department Store parking lot shall be completed by July 1, 1973. c. Landscaping and planting in the Target lot as shown on Exhibit A as modified, shall be completed by July 1, 1973. d. Street lighting along the private road shall be completed by September 1, 1973. 12. The City shall be given an easement over the private road and to the public park along the utility easement which parallels the south line of Lot 4. 13. All access to public roads and to the lots as contained in the plat shall be as shown on the general plan, unless modifications to the general plan are approved. 14 In compliance with provisions of the Subdivision Ordinance and the Commercial Development Unit, the subdivider and applicant shall enter into a contract with the City covering the necessary improvements as contained in the special permit and the final plat. 15. That Lot 4, Target First Addition be developed for a four-story office building and six - stall drive-in bank facility with the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit D — Site Plan; Exhibit E- Grading Plan; Exhibit F — Landscape Plan; and Exhibit G — Elevation Plan; except as hereinafter modified by the following conditions: b The total changeable floor area of the office building for parking shall not exceed 46,600 square feet. c. The lot shall be graded so as to meet the grades of existing park land with a slope of no more than 2 to 1 or the transition between the surfaced area and the park area shall be accomplished by a decorative terrace, with said plans subject to the approval of the City prior to construction. d. Pedestnan walkway, street lighting, street trees and planting of the parking islands shall be accomplished as provided in the overall general plan and as shown on Exhibit F, as modified by the Planning Department on November 2, 1971. e. All improvements as shown on the Exhibits D, E, F, and G, as modified including surfacing, striping, tree planting, landscaping, pedestrian walkway, lighting, plaza, and the like shall be completed by July 1, 1973. Resolution No. 04-149 -4- (l 16. The site shall be modified, developed, used and maintained in accordance with Exhibit H — Site and Parking Plan, dated August 9, 1976, Exhibit I — Landscaping Plan dated August 9, 1976; Exhibit J — Grading Plan dated August 9, 1976; Exhibit K — Utility Plan dated August 9, 1976; Exhibit L — Elevation Plan dated August 9, 1976; as modified by the Planning Department August 13, 1976. 17. That new utility and pedestnan easements be provided as identified on Exhibit H, and that the pedestrian way be constructed within 12 months after completion of the installation of utilities in the easement or within 12 months after notification by the City that said utilities will not be placed, and said construction of the pedestnan way shall commence. 18. Sign area shall be constructed, designed and maintained in accordance with Exhibits H and L, provided the total sign area of Lots 1, 2, 3, and 4 shall not exceed 2,557 square feet, the maximum allowed under the Zoning Ordinance. 19. That the garden store attached to the south side of Target be improved by elimination of the cyclone fencing and replaced with decorative treatment before July 1, 1977, and said garden store shall not be used for warehousing nor shall it be used for storage of goods not sold directly from the garden store 20. 21. 22. 23. 24. That all building improvements and landscaping included on the plans be completed by July 1, 1977, except as otherwise noted above. All fire hydrants on the site shall meet City standards. e in conformance with City standards or modified to A siamese hydrant connection shall be installed on the east side of the proposed grocery store for Fire Department access to the spnnkler system There shall be no on -sale liquor premises or property. or off -sale liquor uses or licenses allowed on the The site shall be modified, developed, used and maintained in accordance with Exhibit M — Site Plan, dated December 8, 1976, and Exhibit N — Elevation Plans, and Final Plat of Target, Second Addition, and modified as follows: a. Existing curbed island north of the Target Store loading area shall be retained. b The periphery of the site along parking areas, loading areas and driveways shall be curbed. c Curbed and landscaped islands shall be provided at the ends of the parking bays along the roadway located between the Applebaum (Rainbow) store, miscellaneous shops and the parking lot. d. Signs shall be constructed, designed and maintained in accordance with Exhibits H and L, provided the total sign area for Lots 1, 2, 3 and 4 shall not exceed 2,557 square feet, the maximum allowed under the Zoning Ordinance, and there shall not be more than one free-standing sign per lot, and said free-standing sign shall not have more than 100 square feet of sign area per side. • • • 1Tw 1I ' Resolution No 04-149 -5- 25. The refuse compactors shall be painted to be compatible with the building, shall be closed at all times, and the area shall be maintained in a clean and orderly condition. 26. All building improvements and landscaping included on the plan shall be completed by October 1, 1977. 27 A Class II restaurant shall be permitted in accordance with Section 14-156(17) of the St Louis Park Ordinance Code, subject to the following condition: a. That the restaurant site shall be constructed and maintained in accordance with Exhibit M — Restaurant Floor Plan, and Exhibit N — Knollwood Village Master Rental Plan (Case No. 77 -25 -SP) 28. Condition No. 24 shall be changed to read "there shall be no on -sale liquor or off -sale liquor except for on -sale wine allowed on the premises of property." 29. The Class H Restaurant permitted by Condition No 28 shall be modified to a Class I Restaurant and shall be limited to the sale and consumption of wine on the premises in conjunction with the sale of food 30. The north entrance to the Knollwood Village Shopping Center is permitted to be revised in accordance with Exhibit 0 — Parking Revision, dated May 5, 1978. 0 31. Signs shall be permitted to be installed in accordance with Exhibit P — Directory Signs, and Exhibit Q — Tenant Identification Signs 32. Four temporary outdoor sales may be permitted each calendar year, in which all tenants of the shopping center may participate; and said sales shall be in compliance with a license issued to the shopping center in accordance with Ordinance No 1417 adopted August 7, 1978. 33. That a 400 square foot addition be allowed for retail use subject to the following conditions. a. The site shall be developed, used and maintained in accordance with Exhibit R — Rental Area Plan; Exhibit S — Floor Plan; and Exhibit T — Elevations b. No further expansion of retail floor area shall be permitted. c All improvements shall be completed by May 30, 1984. 34 That a Class II restaurant be permitted with a changeable floor area for parking purposes not to exceed 1,450 square feet, subject to the following conditions: a. All trash and garbage from the restaurants shall be stored in an indoor trash room. 0 b. All improvements shall be completed by May 30, 1988. Resolution No. 04-149 -6- 35 The special permit shall be amended pursuant to Planning Case No 92 -51 -SP to permit construction of a 700 square foot addition to the Rainbow Foods facility subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit V modified as follows, such documents incorporated by reference herein: 1. Deletion of galvanized metal panels as exterior materials. 2. Substitution of stucco on the north wall of the addition painted to match the existing north wall of the Rainbow Food store and concrete block on the west and south side of the addition painted to meet the existing west wall of Rainbow Foods. 3 Deletion of the shed roof and substitution of a flat roof. b. All improvements shall be completed by September 21, 1993. 36. The continued special permit shall be amended pursuant to Planning Case No. 94 -41 - CUP to permit extenor modifications subject to the following conditions: a Information necessary to determine compliance with the current zoning ordinance be submitted pnor to issuance of any building permit authorized by this minor amendment to the continued special permit so that a determination can be made that the site is being brought into greater or complete compliance with the current zoning ordinance and with other provisions of this ordinance, to the extent reasonable and possible b The site shall be developed, used and maintained in accordance with Exhibit W — Project Elevation, Typical Bay Elevation and Typical Canopy section; such document incorporated by reference herein. 37. The conditional use permit shall be amended pursuant to Planning Case No 95 -40 -CUP to permit modifications to the parking lot subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit X — Mill/Overlay removals, Proposed Improvements, and Proposed Plantings as modified to meet the following conditions of approval; such documents incorporated by reference herein. b. The total number of parking spaces provided for the shopping center shall not be less than 1,054 except as approved by subsequent amendment to the continued special permit. c Curbed traffic islands shall be provided at the ends of all parking rows. d. A 3 -cable guide rail is approved as an alternative to curbing at the southeast penphery of the parking lot, a 6 -inch poured -in-place concrete curb is required in all other areas e. Landscaping shall comply with the approved 1976 Landscape Plan in areas that are not being disturbed by the approved parking lot modifications. f. A revised landscape plan shall be submitted and approved by the Planning Coordinator pnor to commencement of work on the parking lot modifications; a Resolution No. 04-149 -7- g. minimum of 1,350 plant units and an lrrigatlon system, if determined necessary by City Staff, shall be installed in the modified parking lot area by October 31, 1996 A Letter of Credit or other financial surety as approved by the City Attorney shall be submitted pnor to commencement of work on the parking lot modifications in an amount equal to 1 1/2 times the value of the approved landscaping requirements. 38. The special permit shall be amended pursuant to Planning Case No. 96 -8 -CUP to permit modifications to the building entrance, front dnve aisle and parking lot lighting subject to the following conditions a. The site shall be developed, used and maintained in accordance with Exhibit Y — Proposed Improvements, Partial Plan Front Elevation, and Lighting Photometric as modified to meet the following conditions of approval; such documents incorporated by reference herein. b. A revised site plan shall be submitted and approved by the Planning Coordinator prior to issuance of building permits or commencement of work on the parking lot modifications; such site plan shall include curbed islands around all light poles, and the number of parking spaces may be reduced to accommodate the required islands; the Planning Coordinator shall note the approved number of parking spaces on the revised site plan. c A revised lighting plan shall be submitted and approved by the Zoning Administrator prior to issuance of building permits or commencement of work on the parking lot modifications; site lighting shall not exceed a maximum of 1.0 foot-candle at the perimeter of the shopping center property d Parking lot landscaping shall comply with Exhibit X — Proposed Planting, which was stamped and signed as approved on 9-5-95; however, planting islands shall be located according to the approved revised site plan. All approved landscaping shall be installed by October 31, 1996. A Letter of Credit or other financial surety as approved by the City Attorney shall be submitted pnor to commencement of work on the parking lot modifications in an amount equal to 1-1/2 times the value of the approved landscaping requirements. 39. The special permit shall be amended on December 6, 2004 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 conditions of this resolution, the approved Official Exhibits as modified pnor to signing to meet required conditions of this approval, and City Code; documents incorporated by reference herein b. Pnor to any site work, the developer shall meet the following requirements. 1) Final storm water design details must be submitted and approved by the Public Works Director. 2) Final sidewalk construction specifications must be approved by the Public Works Director 3) A copy of the Watershed District permit shall be forwarded to the City 4) Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. Resolution No. 04-149 -8- 5) Any other necessary permits from other agencies shall be obtained 6) Sign Assent form and official exhibits. 7) Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed prior to grading activities. c. Pnor to issuance of a building permit, which may impose additional requirements, the applicant shall. 1) Meet all Public Works Department/Utility requirements as recommended by staff. 2) The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed Distnct and MPCA. 3) Building matenals samples & colors must be submitted to and approved by Zoning Administrator 4) Meet any Fire Department emergency access requirements dunng construction. 5) A revised parking and access agreement, as reviewed and approved by the city attorney, be entered into by Target Corp and Gator Knollwood Properties (Owners of the Super Target and Knollwood Village Shopping Center properties). A signed and recorded copy of the agreement shall be submitted to the zoning administrator. d The developer shall comply with the following conditions dunng 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. 2) Loud equipment shall be kept as far as possible from residences at all times 3) The site shall be kept free of dust and debns that could blow onto neighbonng properties. 4) Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5) The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. e. Prior to issuance of any occupancy permit 1) Fire lanes shall be in accordance with the signed Official Exhibits. 2) Landscaping and imgation shall be in accordance with the signed Official Exhibits and approved irrigation 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. 3) Extenor building improvements shall be completed in accordance with the signed Official Exhibits and approved matenals and colors except that signs shall be approved as part of a sign plan. 4) Prior to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department • • Resolution No. 04-149 -9- g. 5) The developer shall provide the required number of replacement trees on site unless off-site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid. 6) All roof top equipment must be painted to match the color of the roof top, which is to be an earth tone color as approved by the zoning administrator. 7) Plans for improving the canoe access to Minnehaha Creek be submitted to the City Parks & Recreation Department for approval. The cost of the improvements shall be included in the required letter of credit 8) An irrevocable agreement, as reviewed and approved by the city attorney, be entered into between Target Corp. and the current owner of the apartment building at 3601 Phillips Parkway to allow the planting of the required bufferyard matenals along the shared property line as illustrated in the approved landscaping plan. A copy of the signed and recorded document shall be submitted to the Zoning Administrator. 9) Upon approval of the Zoning Administrator, Chief Building Official, and City Engineer, a certificate of occupancy may be issued pnor to completion of certain site improvements if an automatically renewing letter of credit in the amount of 125% of all unfinished site improvements is first submitted to the city. f Prior to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or -structure for which the special permit is granted is removed form and official exhibits must be signed by applicant (or applicant and owner if plica . is different from owner) pnor to issuance of building permit. Revie r Administration: 1, j.1111.111. • City Manager Attest. ty Clerk j Adopt Council December 6, 2004 Mayo • • • 0 C rr- co 405€19G SCAMP% 1-19 N m8 -T c=. 1-) CD c, vZ 1 s� Z o RESOLUTION NO. 04-149 Amends and Restates Resolution No. 96-39 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 96-39 ADOPTED ON MARCH 18, 1996, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT TO ALLOW THE CONSTRUCTION OF A SUPERTARGET STORE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AT 8900 HIGHWAY 7 FINDINGS WHEREAS, Target Corporation has made application to the City Council for an amendment to an existing special permit to allow the construction of a SuperTarget store at 8900 Highway 7 within a C-2 General Commercial Zoning District having the following legal description• Lot 3, Block 1, Target Second Addition (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 96 -8 -CUP and 04 -32 -CUP and the effect of thi proposed building on the health, safety, and welfare of the occupants of the surrounding Iandsj 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, an amendment to an existing special permit was issued regarding the subject property pursuant to Resolution No. 96-39 of the St. Louis Park City Council dated March 18, 1996 which contained conditions applicable to said property; and • • Resolution No. 04-149 -2- WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 96-39, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 96 -8 -CUP and 04 -32 -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 96-39 (filed as Document No. 2696197) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting the construction of a SuperTarget store within the C-2 General Commercial District at the location described above based on the following conditions. 1 That the site be developed, used and maintained in accordance with Exhibit A — General Plan; Exhibit B — Proposed Drainage Plan (as modified by the Planning Department on November 2, 1971), and Exhibit C — Final Plan Target First Addition, except as said exhibits may be hereinafter modified by the following conditions or conditions under the plat of Target First Addition (exhibits are on file in the City Development office at the City of St. Louis Park.) 2 All new electnc, gas, water, sanitary sewer, telephone, and utilities shall be placed underground. 3. The 44 -foot wide private road from Target Road to West 36`h Street shall have a poured - in -place concrete curb at least 6 inches high and said road and curb shall be constructed at standards acceptable to the City Engineer. Said road shall be kept clean and free from potholes and maintained thereafter. 4. Street trees shall be planted abutting the pnvate road at a sp cirtg of one tree for every 50 feet as shown on Exhibit A, as modified. ,Il 5 Additional landscaping in the parking lot and along the pedestnan way shall be provided as shown on Exhibit A, as modified The pnvate road from West 26th Street to Target Road shall have decorative on -street lighting to provide 1.5 foot candles at the street level, or equal to or greater than the level of lighting in the parking lots if said lighting exceeds 1 5 foot candles. 6. A pedestrian walk shall be provided along the west side of Lot 4 from the proposed bus 0 plaza to West 36th Street. • Resolution No. 04-149 -3- 7. The pedestrian network shall be improved with landscaping as shown on Exhibit A, as modified. 8 Signs shall be limited to nameplate signs, symbols, logos and architectural features that identify a particular service or goods provided on that site. All signs shall meet the following conditions - a. No advertising or business signs shall be located within 25 feet of the private road b Billboards are hereby prohibited c. All new signs are to be integrated with the building unless a need for a free- standing sign is documented in which case there shall be no more than one free- standing sign which does not exceed 80 square feet in area and 25 feet in height per lot. d Business signs not attached to the buildings shall be architecturally treated and coordinated with the pnncipal building by use of compatible materials and design. e. Lighting for signs shall be intenor or indirect so that light rays are not directly visible beyond the lot lines. • 9. All new buildings and remodeling of either existing or new buildings shall be compatible and complimentary to the highest standard of building located between West 36th Street, Aquila Avenue, the Burlington Northern Railroad nght-of-way and Highway ,7. Elements of compatibility include but are not limited to: Building form and mass, exterior materials and their appearance and durability, landscaping, extenor lighting, and site development. 10. Development on vacant lots requires a special permit and the filing of an application under provisions provided in the Ordinance All such proposals must be compatible with the overall plan. 11. All of the improvements shall be in accordance with the following schedule: a. The private road including the curbing, surfacing, landscaping and tree planting adjacent thereto shall be completed by July 1, 1973. b. Construction of a major pedestrian walk and landscaping adjacent thereto between Target Road and Target Department Store and from the Target Department Store to the north end of the Target Department Store parking lot shall be completed by July 1, 1973. c. Landscaping and planting in the Target lot as shown on Exhibit A as modified, shall be completed by July 1, 1973. d. Street lighting along the pnvate road shall be completed by September 1, 1973 • • • • Resolution No. 04-149 -4- 12 The City shall be given an easement over the private road and to the public park along the utility easement which parallels the south line of Lot 4. 13. All access to public roads and to the lots as contained in the plat shall be as shown on the general plan, unless modifications to the general plan are approved. 14 In compliance with provisions of the Subdivision Ordinance and the Commercial Development Unit, the subdivider and applicant shall enter into a contract with the City covering the necessary improvements as contained in the special permit and the final plat. 15. That Lot 4, Target First Addition be developed for a four-story office building and six - stall drive-in bank facility with the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit D — Site Plan, Exhibit E- Grading Plan, Exhibit F — Landscape Plan; and Exhibit G — Elevation Plan; except as hereinafter modified by the following conditions b The total changeable floor area of the office building for parking shall not exceed 46,600 square feet. c The lot shall be graded so as to meet the grades of existing park land with a slope of no more than 2 to 1 or the transition between the surfaced area and the park area shall be accomplished by a decorative terrace, with said plans subject to the approval of the City prior to construction. d. Pedestrian walkway, street lighting, street trees and planting of the parking islands shall be accomplished as provided in the overall general plan and as shown on Exhibit F, as modified by the Planning Department on November 2, 1971 e. All improvements as shown on the Exhibits D, E, F, and G, as modified including surfacing, striping, tree planting, landscaping, pedestrian walkway, lighting, plaza, and the like shall be completed by July 1, 1973. 16. The site shall be modified, developed, used and maintained in accordance with Exhibit H — Site and Parking Plan, dated August 9, 1976, Exhibit I — Landscaping Plan dated August 9, 1976; Exhibit J — Grading Plan dated August 9, 1976; Exhibit K — Utility Plan dated August 9, 1976; Exhibit L — Elevation Plan dated August 9, 1976; as modified by the Planning Department August 13, 1976 17. That new utility and pedestrian easements be provided as identified on Exhibit H, and that the pedestrian way be constructed within 12 months after completion of the installation of utilities in the easement or within 12 months after notification by the City that said utilities will not be placed, and said construction of the pedestrian way shall commence. • Resolution No. 04-149 -5- 18. Sign area shall be constructed, designed and maintained in accordance with Exhibits H and L, provided the total sign area of Lots 1, 2, 3, and 4 shall not exceed 2,557 square feet, the maximum allowed under the Zoning Ordinance. 19. That the garden store attached to the south side of Target be improved by elimination of the cyclone fencing and replaced with decorative treatment before July 1, 1977, and said garden store shall not be used for warehousing nor shall it be used for storage of goods not sold directly from the garden store. 20. That all building improvements and landscaping included on the plans be completed by July 1, 1977, except as otherwise noted above. 21. All fire hydrants on the site shall be in conformance with City standards or modified to meet City standards. 22. A siamese hydrant connection shall be installed on the east side of the proposed grocery store for Fire Department access to the sprinkler system. 23 There shall be no on -sale liquor or off -sale liquor uses or licenses allowed on the premises or property. ® 24. The site shall be modified, developed, used and maintained in accordance with Exhibit M — Site Plan, dated December 8, 1976, and Exhibit N — Elevation Plans, and Final Plat of Target, Second Addition, and modified as follows: Existing curbed island north of the Target Store loading area shall be retained. b The penphery of the site along parking areas, loading areas and driveways shall be curbed. c. Curbed and landscaped islands shall be provided at the ends of the parking bays along the roadway located between the Applebaum (Rainbow) store, miscellaneous shops and the parking lot. d. Signs shall be constructed, designed and maintained in accordance with Exhibits H and L, provided the total sign area for Lots 1, 2, 3 and 4 shall not exceed 2,557 square feet, the maximum allowed under the Zoning Ordinance, and there shall not be more than one free-standing sign per lot, and said free-standing sign shall not have more than 100 square feet of sign area per side. 25. The refuse compactors shall be painted to be compatible with the building, shall be closed at all times, and the area shall be maintained in a clean and orderly condition. • Resolution No. 04-149 -6- 26 All building improvements and landscaping included on the plan shall be completed by October 1, 1977 27. A Class II restaurant shall be permitted in accordance with Section 14-156(17) of the St. Louis Park Ordinance Code, subject to the following condition: a. That the restaurant site shall be constructed and maintained in accordance with Exhibit M — Restaurant Floor Plan, and Exhibit N — Knollwood Village Master Rental Plan (Case No. 77 -25 -SP) 28. Condition No 24 shall be changed to read "there shall be no on -sale liquor or off -sale liquor except for on -sale wine allowed on the premises of property." 29. The Class II Restaurant permitted by Condition No. 28 shall be modified to a Class I Restaurant and shall be limited to the sale and consumption of wine on the premises in conjunction with the sale of food. 30 The north entrance to the Knollwood Village Shopping Center is permitted to be revised in accordance with Exhibit 0 — Parking Revision, dated May 5, 1978. 31. Signs shall be permitted to be installed in accordance with Exhibit P — Directory Signs, and Exhibit Q — Tenant Identification Signs. 32. Four temporary outdoor sales may be permitted each calendar year, in which all tenants of the shopping center may participate; and said sales shall be in compliance with a license issued to the shopping center in accordance with Ordinance No. 1417 adopted August 7, 1978. 33. That a 400 square foot addition be allowed for retail use subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit R — Rental Area Plan; Exhibit S — Floor Plan; and Exhibit T — Elevations b No further expansion of retail floor area shall be permitted c. All improvements shall be completed by May 30, 1984. 34. That a Class H restaurant be permitted with a changeable floor area for parking purposes not to exceed 1,450 square feet, subject to the following conditions: a. All trash and garbage from the restaurants shall be stored in an indoor trash room. Illb. All improvements shall be completed by May 30, 1988 Resolution No. 04-149 -7- 35. The special permit shall be amended pursuant to Planning Case No. 92 -51 -SP to permit construction of a 700 square foot addition to the Rainbow Foods facility subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit V modified as follows, such documents incorporated by reference herein: 1. Deletion of galvanized metal panels as extenor materials 2 Substitution of stucco on the north wall of the addition painted to match the existing north wall of the Rainbow Food store and concrete block on the west and south side of the addition painted to meet the existing west wall of Rainbow Foods 3. Deletion of the shed roof and substitution of a flat roof. b. All improvements shall be completed by September 21, 1993. 36. The continued special permit shall be amended pursuant to Planning Case No. 94 -41 - CUP to permit extenor modifications subject to the following conditions: a Information necessary to determine compliance with the current zoning ordinance be submitted pnor to issuance of any building permit authorized by this minor amendment to the continued special permit so that a determination can be made that the site is being brought into greater or complete compliance with the current zoning ordinance and with other provisions of this ordinance, to the extent reasonable and possible. b. The site shall be developed, used and maintained in accordance with Exhibit W — Project Elevation, Typical Bay Elevation and Typical Canopy section; such document incorporated by reference herein 37 The conditional use permit shall be amended pursuant to Planning Case No. 95 -40 -CUP to permit modifications to the parking lot subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit X — Mill/Overlay removals, Proposed Improvements, and Proposed Plantings as modified to meet the following conditions of approval, such documents incorporated by reference herein b. The total number of parking spaces provided for the shopping center shall not be less than 1,054 except as approved by subsequent amendment to the continued special permit c. Curbed traffic islands shall be provided at the ends of all parking rows. • • Resolution No. 04-149 -8- d. A 3 -cable guide rail is approved as an alternative to curbing at the southeast periphery of the parking lot, a 6 -inch poured -in-place concrete curb is required in all other areas e. Landscaping shall comply with the approved 1976 Landscape Plan in areas that are not being disturbed by the approved parking lot modifications. f. A revised landscape plan shall be submitted and approved by the Planning Coordinator prior to commencement of work on the parking lot modifications; a minimum of 1,350 plant units and an imgation system, if determined necessary by City Staff, shall be installed in the modified parking lot area by October 31, 1996 g. A Letter of Credit or other financial surety as approved by the City Attorney shall be submitted pnor to commencement of work on the parking lot modifications in an amount equal to 1'A times the value of the approved landscaping requirements. 38 The special permit shall be amended pursuant to Planning Case No. 96 -8 -CUP to permit modifications to the building entrance, front drive aisle and parking lot lighting subject to the following conditions a. The site shall be developed, used and maintained in accordance with Exhibit Y — Proposed Improvements, Partial Plan Front Elevation, and Lighting Photometnc as modified to meet the following conditions of approval, such documents incorporated by reference herein b. A revised site plan shall be submitted and approved by the Planning Coordinator pnor to issuance of building permits or commencement of work on the parking lot modifications; such site plan shall include curbed islands around all light poles, and the number of parking spaces may be reduced to accommodate the required islands, the Planning Coordinator shall note the approved number of parking spaces on the revised site plan. c. A revised lighting plan shall be submitted and approved by the Zoning Administrator prior to issuance of building permits or commencement of work on the parking lot modifications, site lighting shall not exceed a maximum of 1.0 foot-candle at the penmeter of the shopping center property. d. Parking lot landscaping shall comply with Exhibit X — Proposed Planting, which was stamped and signed as approved on 9-5-95; however, planting islands shall be located according to the approved revised site plan. All approved landscaping shall be installed by October 31, 1996. A Letter of Credit or other financial surety as approved by the City Attorney shall be submitted prior to commencement of work on the parking lot modifications in an amount equal to 1-1/2 times the value of the approved landscaping requirements • 39. The special permit shall be amended on December 6, 2004 to incorporate all of the preceding conditions and add the following conditions: • • • Resolution No. 04-149 -9- a. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits as modified prior to signing to meet required conditions of this approval, and City Code; documents incorporated by reference herein. b. Prior to any site work, the developer shall meet the following requirements: 1) Final storm water design details must be submitted and approved by the Public Works Director 2) Final sidewalk construction specifications must be approved by the Public Works Director. 3) Acopy of the Watershed District permit shall be forwarded to the City. 4) Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions 5) Any other necessary permits from other agencies shall be obtained. 6) Sign Assent form and official exhibits 7) Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester Required tree protection and erosion control fencing must be installed pnor to grading activities c Prior to issuance of a building permit, which may impose additional requirements, the applicant shall 1) Meet all Public Works Department/Utility requirements as recommended by staff. 2) The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed District and MPCA 3) Building matenals samples & colors must be submitted to and approved by Zoning Administrator. 4) Meet any Fire Department emergency access requirements dunng construction 5) A revised parking and access agreement, as reviewed and approved by the city attorney, be entered into by Target Corp and Gator Knollwood Properties (Owners of the Super Target and Knollwood Village Shopping Center properties). A signed and recorded copy of the agreement shall be submitted to the zoning administrator. d. 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. 2) Loud equipment shall be kept as far as possible from residences at all times. 3) The site shall be kept free of dust and debns that could blow onto neighboring properties. • • • Resolution No. 04-149 -10- 4) Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5) The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties e. Pnor to issuance of any occupancy permit. 1) Fire lanes shall be in accordance with the signed Official Exhibits. 2) 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 imgation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and imgation improvements. 3) Extenor building improvements shall be completed in accordance with the signed Official Exhibits and approved matenals and colors except that signs shall be approved as part of a sign plan. 4) Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department 5) The developer shall provide the required number of replacement trees on site unless off-site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid. 6) All roof top equipment must be painted to match the color of the roof top, which is to be an earth tone color as approved by the zoning administrator. 7) Plans for improving the canoe access to Minnehaha Creek be submitted to the City Parks & Recreation Department for approval The cost of the improvements shall be included in the required letter of credit. 8) An irrevocable agreement, as reviewed and approved by the city attorney, be entered into between Target Corp and the current owner of the apartment building at 3601 Phillips Parkway to allow the planting of the required bufferyard matenals along the shared property line as illustrated in the approved landscaping plan. A copy of the signed and recorded document shall be submitted to the Zoning Administrator 9) Upon approval of the Zoning Administrator, Chief Building Official, and City Engineer, a certificate of occupancy may be issued prior to completion of certain site improvements if an automatically renewing letter of credit in the amount of 125% of all unfinished site improvements is first submitted to the city. f. Pnor to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained o 0 0 Resolution No. 04-149 -11- g The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special permit is granted is removed. 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 CITY OF ST LOUIS PARK ) ) ) ss 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. 04-149 adopted at the St. Louis Park City Council meeting held on December 6, 2004 WITNESS my hand and the Seal of the City of St Louis Park this 14th day of December, 2004. Nancy J. Stroth, Weputy City Clerk