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HomeMy WebLinkAbout05-036 - ADMIN Resolution - City Council - 2005/03/07RESOLUTION NO. 05-036 Amends and Restates Resolutions 96-89, 96-158, 97-3, 97-39, 98-23, 00-037, 00-133, 01-080, 02-072 A RESOLUTION AMENDING RESOLUTION NO. 02-072 APPROVED ON JULY 15, 2002 AMENDING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL DISTRICT, LOCATED AT 5600, 5640, 5680, 5700, 5800 and 5900 CEDAR LAKE ROAD; AND 1620, 1650, 1690 AND 1700 PARK PLACE BOULEVARD; AND 5601, 5699 AND 5799 WEST 16TH STREET AND1625 ZARTHAN AVENUE (TOTAL SITE FORMERLY KNOWN AS 1625 ZARTHAN AVENUE) MINOR AMENDMENT FOR EXPANSION OF EXISTING HOME DEPOT GARDEN CENTER WHEREAS, the St. Louis Park City Zoning Ordinance permits shopping centers in excess of 200,000 square feet by Planned Unit Development (PUD) under certain conditions in the C-2 Commercial Zoning District, and WHEREAS, the City Council adopted Resolution No. 96-38 approving the Preliminary PUD on March 18, 1996, and WHEREAS, the City staff were informed on April 12, 1996 that certain environmental remediation would be necessary and such remediation would affect the timing process of demolition of the existing building and resulted in the need to amend the conditions of preliminary approval, and WHEREAS, the City Council adopted Resolution No. 96-71 rescinding Resolution No. 96-38 and approving the Preliminary PUD subject to certain revised conditions on May 6, 1996, and WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on April 26, 1996, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of May 1, 1996, and WHEREAS, the Planning Commission recommended approval of the Final PUD subject to 17 conditions of approval on a 3-1 vote with three members present voting in the affirmative and one member voting against, and WHEREAS, the City Council received an overview from City staff and the City Attorney of the necessary agreements related to the PUD at its May 13, 1996 Study Session, and WHEREAS, the applicant and current and prospective property owners have entered into a development agreement, supplemental development agreements, sidewalk easements agreement, reciprocal easement and operation agreement, and a reversion agreement, which agreement nullifies and voids without any further action required on the part of the City Council the preliminary and final approval if certain conditions are not met, and Resolution No. 05-036 -2- WHEREAS, on March 3, 1997 Franchise Associates, Inc. (current owner of 1690 Park Place Boulevard) and Ryan Construction Company of Minnesota, Inc as developer and with the consent of Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a minor amendment to the approved Final PUD to allow the use of neon on the building at 1690 Park Place Boulevard and to revise the Landscape Plan for 1625 Zarthan Avenue and 5600, 5640 and 5680 Cedar Lake Road, and WHEREAS, certain amendments to the approved Final PUD have been approved by the City Council on 10/22/96 (Res. 96-158) and 1/6/97 (Res 97-3), and 3/17/97 (Res 97-39), and WHEREAS, on December 11, 1997 Office Max (current owner of 5600 Cedar Lake Road) and Ryan Construction Company of Minnesota, Inc as developer and with the consent of Honeywell, Inc (fee owner of 1625 Zarthan Avenue) submitted an application for a minor amendment to the approved Final PUD to allow the placement of a new 12 8 s.f. flat wall identification sign on the east face of the building at 5600 Cedar Lake Road. WHEREAS, on February 22, 2000 Costco Wholesale and Ryan Companies US, Inc as developer with the consent of Honeywell, Inc. submitted an application for a major amendment to the approved Final PUD to allow the construction of a 139,444 square foot wholesale, retail and tire service facility at 5801 West 16th Street. WHEREAS, on October 23, 2000 Costco Wholesale and Ryan Companies US, Inc as developer with the consent of Honeywell, Inc. submitted a minor amendment to the approved Final PUD to allow changes to the traffic improvements at 16th Street and the main access into the site WHEREAS, the City Council adopted Resolution No 01-133 on November 6, 2000 approving a minor amendment to the approved Final PUD to allow changes to the traffic improvements at 16th Street and the main access into the site, and WHEREAS, on April 16, 2001, Costco Wholesale filed an application seeking a major amendment to the approved Planned Unit Development for Park Place Plaza to construct a fueling facility on Lot 9, and WHEREAS, on June 20, 2001, the Planning Commission held a public heanng, received testimony from the public, reviewed the application, and on a vote of 4-0 moved that the Planning Commission deny the proposed major amendment to the PUD, and WHEREAS, on July 16, 2001, the City Council considered the request for a major amendment, and on a vote of 7-0 moved to continue to the request, and WHEREAS, the City Council adopted Resolution No 01-080 on August 20, 2001 approving a major amendment to the approved Planned Unit Development for Park Place Plaza to construct a fueling facility on Lot 9, and WHEREAS, on June 7, 2002, Costco Wholesale filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to construct a wholesale liquor addition on Lot 1, and • • • 0 0 Resolution No 05-036 -3- WHEREAS, on December 2, 2004, Home Depot USA, Inc filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to construct an addition of 5, 764 square feet to the existing garden center on Lot 2, Block 1, Park Place Plaza. NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis Park: A. Recitals The recitals set forth above are incorporated herein and made part of this resolution B. Findings 1. Ryan Construction Company of Minnesota, Inc., as developer with the consent of the property owner Honeywell, Inc., has made application to the City Council for approval of a Final Planned Unit Development ("Final PUD") within the C-2 General Commercial Zoning Distnct under Section 14 6-7 of the St Louis Park Ordinance for property formerly known as 1625 Zarthan Avenue for the legal description as follows, to -wit: Lots 1-9 and Outlots A, B and C; Block 1, Park Place Plaza (Torrens) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No 95 -51 -PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, with specific consideration given to the Plan By Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance 3 The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause senous traffic congestion nor hazards, nor will it senously depreciate surrounding property values. The Council has also determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City's Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14.6-7.2(E). 4. The contents of Planning Case Files 95 -51 -PUD, 02 -38 -PUD, and 04 -70 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. C Conditions and Approval A Final PUD at the location descnbed in paragraph 1 of the above findings is approved based on the recitals and the findings set forth above, the Approved Final Plans, and subject to the following conditions: 1111 1. Issuance of demolition and erosion control permits shall be subject to the following conditions as required in the Environmental Assessment Worksheet (EAW) Resolution and subsequently modified on March 18, 1996 and May 6, 1996 as follows. Resolution No. 05-036 -4- a. Demolition, hauling and construction activities shall be limited to the hours between 7:00 a.m. and 4:00 p.m. on weekdays and 9:00 a m. and 4:00 p m on weekends and holidays. b. Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only c. Dunng demolition of the existing building, the western wall of the building shall be left intact as a sound barner for as long as practicable d. Use of explosives shall be prohibited e. All demolition and construction equipment shall utilize state of the art muffler systems. f On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. 2 Approval of the Preliminary and Final Planned Unit Development and Plat shall be subject to the following conditions as required in the EAW Resolution and subsequently modified on March 18, 1996 and by this resolution as follows: a. Installation of all roadway improvements associated with anticipated traffic from the proposed use and dedication of public nght-of-way to accommodate public infrastructure. b. Adjustments to existing traffic lights, street lights and other utilities. c Installation of sidewalks along the length of Cedar Lake Road, Park Place Boulevard, 16th Street, and Zarthan Avenue adjacent to the project and connecting to public plaza areas within the site d. Dedication of drainage and utility easements to a depth of 10 feet back from planned right-of-way and execution of a sidewalks easement agreement Such sidewalk easements shall extend 1 foot beyond required perimeter sidewalks. e Installation of on-site directional signs to I-394 and Highway 100 to prevent unnecessary traffic in residential neighborhoods. f Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). g. Overnight parking of vehicles, semi -trailers, refngeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays. h. Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on exterior walls facing residential neighborhoods. In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, operation of these fans shall be terminated until compliance with the City of St. Louis Park Noise Ordinance is achieved. i Compliance with ordinance provisions relating to extenor lighting and prevention of unnecessary nighttime site lighting. Resolution No 05-036 -5- J• Compliance with all applicable City ordinance provisions shall be required unless modifications are specifically authonzed by this Final Planned Unit Development approval or by more stnngent requirements of the development agreement or supplemental development agreements 3 The following modifications to ordinance requirements are authonzed as part of this Final PUD approval: a. Bufferyards are not required between dnve through facilities and adjacent properties that are part of the Final PUD. b. The temporary hoop structures associated with Home Depot's "Garden Center" outdoor sales area are not required to be architecturally integrated with the principal building (utilize same building matenals) provided masonry walls surrounding the outdoor sales area are provided as shown on the Approved Final Plans c. A Bufferyard "D" may be substituted for the required Bufferyard "F" between the truck circulation and loading areas for the Retail/Service/Restaurant building on Lot 5 and Park Place Boulevard. d. Buildings are not required to utilize at least 60% brick or other natural stone on each building face but are approved with percentages of bnck and other matenals as shown on the Approved Final Plans e. Buildings on Lots 2 and 3 may have more than 5% bnght, pure accent colors on each facade and are approved with the percentages of accent colors shown on colored elevations "stamped" as received by the City on March 15, 1996 and on April 19, 1996 (Exhibits B2 and B3 of the Approved Final Plans) f. The area of all wall signs may exceed 7% of the building wall area but may not exceed the wall sign area shown on the Approved Final Plans. Exhibit A7 of the Approved Final Plans shall be revised to reduce cumulative wall signage by at least 37 square feet in accordance with the Preliminary PUD approval. g. Individual wall signs may exceed 150 square feet but may not exceed the individual wall sign areas shown on the Approved Final Plans. h. Two free standing "off -premise signs", advertising uses on properties within the PUD only, are allowed as shown on the Approved Final Plans Such signs are denoted on the Approved Final Plans as "Center Pylon Signs" and also as "Monument Signs". Such signs may also be referenced as "Project Identification Signs" or "Tenant Identification Signs". i. The maximum size of the "Center Pylon Sign" faces may exceed 300 square feet and may be 320 square feet each as shown on the Approved Final Plans. j. The maximum total sign area of the "Center Pylon Signs" may exceed 400 square feet and may be 1,280 square feet as shown on the Approved Final Plans k One Monument Sign measuring no more than 4 feet 4 inches in height and 16 feet in width and identifying only the name of the Shopping Center may be placed in Outlot A as shown on the Approved Final Plans Such sign shall include seating on one side, shall be faced primarily with bnck, and shall not be counted toward the total approved sign areas. 1. Extenor lighting spillover may exceed 1.0 footcandle at property lines that abut other properties within the Final PUD but may not exceed ordinance restrictions at property lines that abut properties that are not within the PUD. Resolution No. 05-036 -6- m. The Bufferyard "D"s separating the in -vehicle sales and service uses (dnve- throughs) on Lots 4,5,6,7 and 8 of the Plat from 16th Street and Park Place Boulevard are not required to include a minimum of 95 plant units per 100 linear feet and may include a total of 225 fewer plant units than required as shown on the Approved Final Plans. n. Certain canopy trees may be installed at sizes less than 2-1/2" caliper as shown on the Approved Final Plans and such trees shall be given full plant unit credits. o. Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown on the Approved Final Plans and such trees shall be given full plant unit credits 4 The site shall be developed, used and maintained in accordance with the Approved Final Plans, which are incorporated herein as Exhibits P1, P2, Si, S2, Cl, C2, C3, L1, L2, L3, L4, L5, Al, A2, A3, A4, A5, A6, A7 as revised by condition 3f of this resolution, A8, A9, F1, F2, F3, F4, F5, F6 ("Park Place Plaza" Monument Sign Detail), B1, B2 and B3, and the following conditions a MPCA approval of the remediation plan relating to environmental contamination on the site and conformance with the conditions of the approved remediation plan. b. Final PUD approval is contingent upon the developer and current/prospective property owners, including Home Depot, signing the required agreements and conforming with all provisions of the executed special assessment agreements for construction of required off-site improvements, executed development agreement and executed supplemental development agreements that cover all on-site improvements within the PUD in accordance with Section 14:6-7.5(F), executed sidewalk easements agreement, executed reciprocal easements and operation agreement, and the executed reversion agreement. Wherever there is a conflict between the requirements of any of said documents, City Code, and/or this resolution, the more stnngent requirements shall apply. c The type and colors of all extenor building matenals (including building facades, canopies, screen walls, fences, trash enclosures, and permanent exterior signage) throughout the Final PUD must match those adopted as part of the Approved Final Plans, and no extenor building matenals other than doors may be surface painted (this requirement does not prohibit the use of standing seam metal with a baked enamel finish, as approved). Said doors shall be painted to match the approved brick or rock face block color. All extenor building materials must be maintained in an aesthetic manner as determined in the sole discretion of the City. d. Wherever bnck is denoted on the Approved Final Plans, a full 4" thick face brick must be applied in a masonry technique except that an alternative bnck application, face brick cast in structural panels, is specifically approved for the Home Depot building on Lot 2. The alternative bnck application for Lot 2 must match the color, texture and visual aesthetics of the bnck used throughout the remainder of the PUD. e. Permanent extenor signage is limited to that shown on the Approved Final Plans. Additional window signage, temporary banners and the like are restricted in accordance with the terms of the "Maintenance and Operational Restnctions" Exhibit of the development agreement and supplemental development agreements. f. All light poles must be included within curbed areas. • • • Resolution No 05-036 -7- g. All rooftop equipment must be screened from ground level view using parapet walls and all rooftop equipment must be painted to match the color of the rooftop to ensure that it is minimally visible from nearby office towers. h. Prior to issuance of any building permits, the developer must reimburse the City for all costs incurred by the City in connection with processing the applicant's PUD, and preparation and implementation of the development agreements and associated agreements. i. In lieu of meeting certain bufferyard requirements as waived in Paragraph 31 above, the developer shall donate 225 plant units to the City in the form of twenty 2-1/2" canopy trees by June 1, 1997 for use on nearby lands to provide screening of the project. The subsequent phase of the PUD is approved in concept only as including 110,000 square feet of gross retail building area, 495 parking spaces and 55 proof of parking spaces on Lot 1. The details of the subsequent phase shall be reviewed as a minor amendment to the approved Final PUD, unless additional off-site impacts or modifications to Code or PUD requirements are anticipated, in which case, the details of the subsequent phase shall be reviewed as a major amendment. In either case, the City Council reserves the right to hold a public heanng regarding the subsequent phase The subsequent phase shall require amendment to the development agreement and/or supplemental development agreement for Lot 1 k. No administrative subdivision of any property within the PUD shall be granted due to the interrelatedness of the PUD, plat, and Approved Final Plans. 1 The developer and/or property owner shall dedicate, at no expense to the City, any nght-of-way which may be necessary and required in the future to facilitate improvements at the intersection of 16th Street and Zarthan Avenue and/or to provide access from Cedar Lake Road into the PUD Developer and/or property owner shall be responsible for the costs associated with these potential future improvements based upon the benefit to the project and/or the demands the project has placed on the roadway system. Any such improvements would require a major amendment to the Approved Final Plans for the PUD m The developer and/or owner shall obtain all necessary permits to complete any further required environmental remediation of the site and undertake said remediation pursuant to local, state and federal regulations, as applicable n The developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, demolition permit, building permits, and erosion control permit. o The developer shall obtain approval by the Minnehaha Creek Watershed Distnct as well as any other approvals required by state and federal agencies, including the required Indirect Source Permit, and the developer shall comply with all conditions of said approvals and permits The Final Plat shall be submitted to the County for recording pnor to initiating any site work relating to construction of the PUD project; evidence of filing of the final plat or other assurances pertaining to required easements shall be presented to the City pnor to issuance of any permits other than demolition and associated temporary noise permits. J. P. Resolution No 05-036 -8- q. The Preliminary and Final Plat are inherent components of the Preliminary and Final PUD approvals and are subject to the conditions of Preliminary and Final PUD approval and the Approved Final Plans. Access to the platted properties shall be limited to the means provided in the Approved Final Plans. r. No certificate of occupancy for any building in the PUD shall be issued until all the circulation drives and internal sidewalks throughout the PUD and all the improvements, other than landscaping and wear coat of asphalt, for that building's lot, have been installed and accepted by the City. All landscaping on the lot shall be completed within one (1) year from the date the certificate of occupancy is issued. s. The general public shall have the nght to utilize the internal sidewalks for pedestrian access, including walking bicycles, through the PUD property and for access to the outdoor seating plaza, which shall remain available to the general public in perpetuity for passive recreational use that is not disruptive to the operation of the shopping center No provision of the reciprocal easement and operations agreement shall be interpreted as ovemding this requirement. t The Approved Final Plan Exhibits may be revised to include a 4,450 square feet Arby's restaurant on Lot 4 in accordance with the plans reviewed by the Planning Commission on May 1, 1996, and further revised as follows: to clanfy building matenals; to ensure that building materials match matenals used throughout the remainder of the development; and to reduce the width of the metal door on the rear elevation to a maximum of 8 feet. u. The obligations and conditions herein imposed on the developer by this Final PUD shall also apply to any property owner, successor or assign. v The City may enforce any provision of this resolution in the same manner as provided for a violation of the City's Zoning Ordinance and/or as provided in the development agreement or supplemental development agreements 5. The Final PUD shall be amended on October 22, 1996 to incorporate all of the preceding conditions and add the following condition: a. The height of the future Retail 1 tenant space at 5680 Cedar Lake Road may be reduced from 30'8" to not less than 20'0" 6. The Final PUD shall be amended on January 6, 1997 to incorporate all of the preceding conditions and add the following condition: a. The rear door configuration in the tenant space on the south end of the 1650 Park Place Boulevard building (Bruegger's Bagels) is revised in accordance with Exhibit A5.1 - Exterior Elevations dated 12-23-96 7 The Final PUD shall be amended on March 17, 1997 to incorporate all of the preceding conditions and add the following conditions a The building at 1690 Park Place Boulevard (Arby's) may utilize neon lighting in accordance with Exhibits A4.1, A4.2 and A4.3, Arby's Extenor Elevations provided said exhibit and assent form are signed by Franchise Associates, Inc. b. The Landscape Plan may be revised in accordance with Exhibit L.1, Landscape Plan revised 2/28/97 and stamped received 3/3/97 provided the following conditions are met. Resolution No 05-036 -9- i) a revised Grading Plan that accurately reflects the proposed retention of existing berms shall be submitted and approved by the City Engineer and Zoning Administrator. The Zoning Administrator shall ensure that the plan meets requirements relating to minimum berm heights adjacent to truck circulation areas n) Prior to implementing the changes, Ryan Construction Company, Inc and the current fee owner of 1625 Zarthan Avenue must sign the Assent form and revised exhibits. 8 The Final PUD shall be amended on January 5, 1998 to incorporate all of the preceding conditions and add the following conditions a An Office -Max sign may be installed on the east facade of the building located at 5600 Cedar Lake Road (Office -Max) in the location shown on the Exhibit A3 1 Elevation. b. Prior to issuance of a sign permit, Ryan Construction Company, Inc. and Office Max must sign the Assent Form and revised exhibit 9. The Final PUD shall be amended on Apnl 3, 2000 to incorporate all of the preceding conditions, find no need for a new EAW, and add the following conditions: a The Costco site (Lots 1 and 8) shall be developed, used and maintained in accordance with the official exhibits, which shall be amended to address the following conditions. (Amended on July 15, 2002 by Condition 12.a ) i) The plans shall be amended as determined necessary by the Director of Public Works to show dedication of nght-of-way near 16`h/Zarthan as anticipated in the onginal development agreement sketch Landscape plans shall be amended as necessary and approved by the Zoning Administrator to accommodate future improvements to this intersection while preserving existing berming/screening to the extent feasible. ii) The plans shall be amended to include proof of parking in excess of minimum requirements as approved by the Zoning Administrator. If excess proof of parking is shown, details of the proposed curb cuts and effects on existing landscaping shall be submitted and approved by the Zoning Administrator. iii) Elevation drawings shall be amended to show screen wall heights of 12 feet as measured from the main service dnve elevation unless evidence is approved by the Zoning Administrator that the proposed heights will adequately screen service vehicles iv) Elevation drawings and sign details shall be amended to comply with ordinance requirements unless a variance for proposed signage has been approved b Prior to beginning any site work, the following conditions shall be met i) a copy of the required Watershed District permit shall be submitted to the City. ii) an erosion and sediment control plan shall be submitted and approved by Public Works iii) a letter from the MPCA shall confirm no need for a new ISP based upon the final traffic study by SRF. Resolution No 05-036 -10- iv) The official exhibits and assent form shall be signed by the applicant, owner, and City. c. Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers during peak restaurant times. d. Costco shall adhere to restnctions on temporary signage as included in the Final PUD approval for Park Place Plaza. e Prior to issuance of a building permit, which may impose additional restnctions, the following conditions shall be met: i) The development agreement shall be amended and executed and shall address, at a minimum, land dedication, design, construction, financial sureties for on- and off-site improvements, and maintenance ii) A revised light distribution plan, landscape imgation plan, and all building material samples and colors shall be submitted and approved by the Zoning Administrator f Prior to issuance of an Occupancy Permit, the following conditions shall be met i) the required traffic improvements at 16th street and the main access drive, including installation of a traffic signal paid for by the applicant, shall be complete and operational, the applicant shall also pay its share of a traffic signal at 16th and Zarthan, which may be installed at a later date ii) the entire PUD site shall be found to be in compliance with the conditions of final PUD approval, or a Letter of Credit shall be submitted in the amount of 125% of the cost of any outstanding improvements, including but not limited to completion of improvements near the intersection of Park Place Boulevard and 16th Street, public transit improvements on 16th Street as approved by Metro Transit, and all conditions of the final PUD ' resolution and executed development agreement g. Costco shall adhere to restrictions on delivery and garbage service hours and routes 'as included in the final PUD approval for Park Place Plaza except that additional restrictions on garbage service may be imposed on Costco as necessary to prevent conflicts with customers dunng peak restaurant hours. h. All sidewalks throughout the PUD site shall be maintained in a clear, walkable condition at all times during which one or more buildings within the PUD are open to the public. 10 The Final PUD shall be amended on November 6, 2000 to incorporate all of the preceding conditions and add the following condition: a Temporary Certificate of Occupancy may be issued pnor to the signal at 16th and the main access drive being operational provided Costco installs a stop sign at the exit to 16th Street and employs off-duty police officers to direct traffic from the date of opening until such time as the traffic signal is operational or the City agrees it is no longer necessary. 11. The final PUD shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions. Resolution No 05-036 -11- a. The Costco fueling facility site (Lot 9) shall be developed, used and maintained in accordance with the official exhibits which shall be amended to address condition 11.f.iv. Previously approved official exhibits for Lots 1, 2 and 8 shall be amended to include traffic improvements noted in condition 11 g. b Costco shall adhere to the Fire Department's requirements for the fueling facility including. i) An employee must be available on-site while the fueling station is open ii) A key -actuated manual reset switch shall be installed inside the attendant building iii) A fire department access key box shall be installed on the exterior of the attendant building. iv) Instructions shall be provided in English and Spanish v) Spill control equipment and supplies to contain and dispose of a 30 -gallon (150% of customer limit) fuel spill. Include storm drain covers, absorbent matenals, containers and tools Protective clothing and equipment to be provided for trained attendants. vi) Dispensing nozzles shall be UL 842 listed vim) One 40-B:C fire extinguisher shall be located outside the attendant building with a cabinet tamper switch to automatically activate emergency shut-off controls c Prior to beginning any site work, the following conditions shall be met. i) A copy of the required Watershed Distnct permit or letter from the Watershed District indicating no need for a permit shall be submitted to the City ii) An erosion and sediment control plan shall be submitted and approved by Public Works. in) The MPCA shall confirm that an ISP amendment is not necessary d. Costco shall adhere to the restnctions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers dunng peak restaurant times. e Costco shall adhere to restnctions on temporary signage as included in the Final PUD approval for Park Place Plaza. f. Pnor to issuance of a building permit, which may impose additional restrictions, the following conditions shall be met: i) The development agreement shall be amended and executed and shall address, at a minimum, design, construction, financial sureties for on-site improvements, including a letter of credit for 125% of the required internal traffic improvements, and maintenance ii) A dimensional signage plan, landscape irngation plan, and all building material samples and colors shall be submitted and approved by the Zoning Administrator. in) All lights shall be completely recessed in the canopy. iv) Revised site and landscaping plans shall be submitted to and approved by the Zoning Supervisor showing the curb locations around the gasoline storage tanks and the reduced landscaping island g Pnor to issuance of a permanent Occupancy Permit for the Costco warehouse facility or temporary Occupancy permit for the fueling facility, the entire PUD site shall be found to be in compliance with the conditions of final PUD approval, Resolution No 05-036 -12- the applicant shall implement traffic improvements recommended by SRF for the internal Costco warehouse intersection and eliminate three internal access points to Home Depot as shown on TD & A Layout 3, and shall change the sign at the 16th Street customer entrance to direct service vehicles to the 16th Street service dove h Service trucks shall use the service entrance on 16th Street and shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the fueling facility between the hours of 7 00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays and as recommended by the traffic study i. Violation of any condition of PUD approval, including these amendments, shall result in a fine of $750 per day 12 The final PUD shall be amended (Case No. 02 -38 -PUD) on July 15, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The Costco warehouse building site (Lot 1) shall be developed, used and maintained in accordance with the official exhibits, which shall be amended as approved by the Zoning Administrator to provide an accessible sidewalk and convenient stair location. (Amends Condition 9.a.). b. Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met. i) the official exhibits and assent form shall be signed by the applicant/owners. ii) the development agreement shall be amended if necessary, as determined by the City Attorney. in) an additional letter of credit shall be submitted for 125% of the cost of the site improvements. iv) building matenal samples and colors shall be submitted and approved by the Zoning Administrator. c. Costco shall adhere to the restnctions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restnctions may be imposed as necessary to prevent conflicts with customers dunng peak restaurant times. d. Pnor to issuance of an occupancy permit for the liquor store addition, the applicant shall submit an electronic file and pnnt and reproducible copy of the plat and as -built drawings for the PUD site. In the event that any signal arms are found to be on pnvate property, appropnate easements shall be recorded against the private property. e Violation of any condition of PUD approval, including these amendments, shall result in a fine of $750 per day 13 The final PUD shall be amended (Case No 04 -70 -PUD) on March 7, 2005 to incorporate all of the preceding conditions and add the following conditions: a The Home Depot garden center 5,764 square foot addition shall be developed, used and maintained in accordance with the official exhibits. b. The following traffic improvements are shown on official exhibits and implemented. Resolution No 05-036 -13- Revie 1. The 3 -way stop intersection on the main dnve aisle at the entrance of Costco is changed to a 4 -way stop intersection. All stop signs at this intersection are changed to standard sized signs ii. A new nght-turn lane from the main dnve aisle into Costco is constructed, and a new nght turn lane (directing traffic north) is also constructed 111 Stop signs at the eastern 4 -way stop of the main dnve aisle are changed to standard sized sign for better driver recognition c Landscaping shall be installed according to the submitted landscape plan, with additional tall grass plantings along the banks of storm pond #1 All matenals must be approved by the City's Environmental Coordinator. d. Bike racks in the area must be moved and/or replaced in another location on the Home Depot site e. No outdoor storage is allowed, outdoor merchandise is allowed on sidewalk areas only, in accordance with the City's Zoning Ordinance f Home Depot must repair or replace the sidewalk if damage occurs during construction of the garden center addition. g All requirements of the City Engineer must be met h. Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met. i) The official exhibits and assent form shall be signed by the applicant/owners. ii) The development agreement shall be amended if necessary, as determined by the City Attorney. iii) An additional letter of credit shall be submitted for 125% of the cost of the site improvements. ed for Administration• City Attest ger y Clerk • gp_..,_4_,-,4- opted by the City Council March 7, 2005 Ma or IIfflhI III 111111111111011111111111111111111 sityc Doc No 4225818 02/13/2006 01 00 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 191619 New cert Cert 1049276 842746 1042746 1067068 1049275 1091867 SCANNED Deputy 3 Fees $1 50 AF $10 50 STATEFEE $134 00 TDOCFEE $0 00 TSUR $146 00 Total 10490216 gq,2146 iot-246, /o','10 63 loL ga76- 1091:'6\ RESOLUTION NO. 05-036 Amends and Restates Resolutions 96-89, 96-158, 97-3, 97-39, 98-23, 00-037, 00-133, 01-080, 02-072 A RESOLUTION AMENDING RESOLUTION NO. 02-072 APPROVED ON •JULY 15, 2002 AMENDING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL DISTRICT, LOCATED AT 5600, 5640, 5680, 5700, 5800 and 5900 CEDAR LAKE ROAD; AND 1620, 1650, 1690 AND 1700 PARK PLACE BOULEVARD; AND 5601, 5699 AND 5799 WEST 16TH STREET AND1625 ZARTHAN AVENUE (TOTAL SITE FORMERLY KNOWN AS 1625 ZARTHAN AVENUE) MINOR AMENDMENT FOR EXPANSION OF EXISTING HOME DEPOT GARDEN CENTER WHEREAS, the St. Louis Park City Zoning Ordinance permits shopping centers in excess of 200,000 square feet by Planned Unit Development (PUD) under certain conditions in the C-2 Commercial Zoning Distnct, and WHEREAS, the City Council adopted Resolution No. 96-38 approving the Preliminary PUD on March 18, 1996, and WHEREAS, the City staff were informed on April 12, 1996 that certain environmental remediation would be necessary and such remediation would affect the timing process of demolition of the existing building and resulted in the need to amend the conditions of preliminary approval, and • Resolution No. 05-036 -2- WHEREAS, the City Council adopted Resolution No. 96-71 rescinding Resolution No. 96-38 and approving the Preliminary PUD subject to certain revised conditions on May 6, 1996, and WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on April 26, 1996, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of May 1, 1996, and WHEREAS, the Planning Commission recommended approval of the Final PUD subject to 17 conditions of approval on a 3-1 vote with three members present voting in the affirmative and one member voting against, and WHEREAS, the City Council received an overview from City staff and the City Attorney of the necessary agreements related to the PUD at its May 13, 1996 Study Session, and WHEREAS, the applicant and current and prospective property owners have entered into a development agreement, supplemental development agreements, sidewalk easements agreement, reciprocal easement and operation agreement, and a reversion agreement, which agreement nullifies and voids without any further action required on the part of the City Council the preliminary and final approval if certain conditions are not met, and WHEREAS, on March 3, 1997 Franchise Associates, Inc. (current owner of 1690 Park Place Boulevard) and Ryan Construction Company of Minnesota, Inc. as developer and with the consent of Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a minor amendment to the approved Final PUD to allow the use of neon on the building at 1690 Park Place Boulevard and to revise the Landscape Plan for 1625 Zarthan Avenue and 5600, 5640 and 5680 Cedar Lake Road, and WHEREAS, certain amendments to the approved Final PUD have been approved by the City Council on 10/22/96 (Res. 96-158) and 1/6/97 (Res 97-3), and 3/17/97 (Res 97-39), and WHEREAS, on December 11, 1997 Office Max (current owner of 5600 Cedar Lake Road) and Ryan Construction Company of Minnesota, Inc. as developer and with the consent of Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a minor amendment to the approved Final PUD to allow the placement of a new 12.8 s.f. flat wall identification sign on the east face of the building at 5600 Cedar Lake Road. WHEREAS, on February 22, 2000 Costco Wholesale and Ryan Companies US,`'Inc as developer with the consent of Honeywell, Inc. submitted an application for a major amendment to the approved Final PUD to allow the construction of a 139,444 square foot wholesale, retail and tire service facility at 5801 West 16th Street. Resolution No. 05-036 -3- WHEREAS, on October 23, 2000 Costco Wholesale and Ryan Companies US, Inc. as developer with the consent of Honeywell, inc. submitted a minor amendment to the approved Final PUD to allow changes to the traffic improvements at 16th Street and the main access into the site. WHEREAS, the City Council adopted Resolution No. 01-133 on November 6, 2000 approving a minor amendment to the approved Final PUD to allow changes to the traffic improvements at 16th Street and the main access into the site, and WHEREAS, on April 16, 2001, Costco Wholesale filed an application seeking a major amendment to the approved Planned Unit Development for Park Place Plaza to construct a fueling facility on Lot 9, and WHEREAS, on June 20, 2001, the Planning Commission held a public heanng, received testimony from the public, reviewed the application, and on a vote of 4-0 moved that the Planning Commission deny the proposed major amendment to the PUD, and WHEREAS, on July 16, 2001, the City Council considered the request for a major amendment, and on a vote of 7-0 moved to continue to the request, and WHEREAS, the City Council adopted Resolution No. 01-080 on August 20, 2001 approving a major amendment to the approved Planned Unit Development for Park Place Plaza to construct a fueling facility on Lot 9, and WHEREAS, on June 7, 2002, Costco Wholesale filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to construct a wholesale liquor addition on Lot 1, and WHEREAS, on December 2, 2004, Home Depot USA, Inc. filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to construct an addition of 5, 764 square feet to the existing garden center on Lot 2, Block 1, Park Place Plaza NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis Park: A. Recitals The recitals set forth above are incorporated herein and made part of this resolution. B. Findings 1. Ryan Construction Company of Minnesota, Inc., as developer with the consent of the property owner Honeywell, Inc., has made application to the City Council for approval of a Final Planned Unit Development ("Final PUD") within the C-2 General Commercial Zoning Distnct under Section 14:6-7 of the St. Louis Park Ordinance for property formerly known as 1625 Zarthan Avenue for the legal description as follows, to -wit: Resolution No. 05-036 -4- 4 Lots 1-9 and Outlots A, B and C; Block 1, Park Place Plaza (Torrens) • 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 95 -51 -PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, with specific consideration given to the Plan By Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it senously depreciate surrounding property values. The Council has also determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City's Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case Files 95 -51 -PUD, 02 -38 -PUD, and 04 -70 -PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. C. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and the findings set forth above, the Approved Final Plans, and subject to the following conditions: 1. Issuance of demolition and erosion control permits shall be subject to the following conditions as required in the Environmental Assessment Worksheet (EAW) Resolution and subsequently modified on March 18, 1996 and May 6, 1996 as follows: a. Demolition, hauling and construction activities shall be limited to the hours between 7:00 a.m. and 4:00 p.m. on weekdays and 9:00 a.m. and 4:00 p.m. on weekends and holidays. b. Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only. c. Dunng demolition of the existing building, the western wall of the building shall be left intact as a sound bamer for as long as practicable. d. Use of explosives shall be prohibited. e. All demolition and construction equipment shall utilize state of the art muffler systems. f. On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. Resolution No. 05-036 -5- 0 2. Approval of the Preliminary and Final Planned Unit Development and Plat shall be subject to the following conditions as required in the EAW Resolution and subsequently modified on March 18, 1996 and by this resolution as follows: a. Installation of all roadway improvements associated with anticipated traffic from the proposed use and dedication of public right-of-way to accommodate public infrastructure. • b. Adjustments to existing traffic lights, street lights and other utilities. c. Installation of sidewalks along the length of Cedar Lake Road, Park Place Boulevard, 16th Street, and Zarthan Avenue adjacent to the project and connecting to public plaza areas within the site. d Dedication of drainage and utility easements to a depth of 10 feet back from planned right-of-way and execution of a sidewalks easement agreement. Such sidewalk easements shall extend 1 foot beyond required perimeter sidewalks. e. Installation of on-site directional signs to I-394 and Highway 100 to prevent unnecessary traffic in residential neighborhoods. f. Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). g. Overnight parking of vehicles, semi -trailers, refrigeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays. h. Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on extenor walls facing residential neighborhoods In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, operation of these fans shall be terminated until compliance with the City of St. Louis Park Noise Ordinance is achieved. i Compliance with ordinance provisions relating to exterior lighting and prevention of unnecessary nighttime site lighting. j. Compliance with all applicable City ordinance provisions shall be required unless modifications are specifically authonzed by this Final Planned Unit Development approval or by more stnngent requirements of the development agreement or supplemental development agreements. 3. The following modifications to ordinance requirements are authorized as part of this Final PUD approval: a. Bufferyards are not required between drive through facilities and adjacent properties that are part of the Final PUD. b. The temporary hoop structures associated with Home Depot's "Garden Center" outdoor sales area are not required to be architecturally integrated with the principal building (utilize same building materials) provided masonry walls Resolution No. 05-036 -6- surrounding the outdoor sales area are provided as shown on the Approved Final Plans. c. A Bufferyard "D" may be substituted for the required Bufferyard "F" between the truck circulation and loading areas for the Retail/Service/Restaurant building on Lot 5 and Park Place Boulevard. d. Buildings are not required to utilize at least 60% brick or other natural stone on each building face but are approved with percentages, of brick and other materials as shown on the Approved Final Plans. e. Buildings on Lots 2 and 3 may have more than 5% bright, pure accent colors on each facade and are approved with the percentages of accent colors shown on colored elevations "stamped" as received by the City on March 15, 1996 and on April 19, 1996 (Exhibits B2 and B3 of the Approved Final Plans). f. The area of all wall signs may exceed 7% of the building wall area but may not exceed the wall sign area shown on the Approved Final Plans. Exhibit A7 of the Approved Final Plans shall be revised to reduce cumulative wall signage by at least 37 square feet in accordance with the Preliminary PUD approval. g. Individual wall signs may exceed 150 square feet but may not exceed the individual wall sign areas shown on the Approved Final Plans. h. Two free standing "off -premise signs", advertising uses on properties within the PUD only, are allowed as shown on the Approved Final Plans. Such signs are denoted on the Approved Final Plans as "Center Pylon Signs" and also as "Monument Signs". Such signs may also be referenced as "Project Identification Signs" or "Tenant Identification Signs". i. The maximum size of the "Center Pylon Sign" faces may exceed 300 square feet and may be 320 square feet each as shown on the Approved Final Plans. J. The maximum total sign area of the "Center Pylon Signs" may exceed 400 square feet and may be 1,280 square feet as shown on the Approved Final Plans. k. One Monument Sign measuring no more than 4 feet 4 inches in height and 16 feet in width and identifying only the name of the Shopping Center may be placed in Outlot A as shown on the Approved Final Plans. Such sign shall include seating on one side, shall be faced pnmarily with brick, and shall not be counted toward the total approved sign areas. 1. Exterior lighting spillover may exceed 1.0 footcandle at property lines that abut other properties within the Final PUD but may not exceed ordinance restrictions at property lines that abut properties that are not within the PUD. m. The Bufferyard "D"s separating the in -vehicle sales and service uses (drive- throughs) on Lots 4,5,6,7 and 8 of the Plat from 16th Street and Park Place Boulevard are not required to include a minimum of 95 plant units per 100 linear feet and may include a total of 225 fewer plant units than required as shown on the Approved Final Plans. n. Certain canopy trees may be installed at sizes less than 2-1/2" caliper as shown on the Approved Final Plans and such trees shall be given full plant unit credits. o. Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown on the Approved Final Plans and such trees shall be given full plant unit credits. Resolution No. 05-036 -7- 4. The site shall be developed, used and maintained in accordance with the Approved Final Plans, which are incorporated herein as Exhibits P1, P2, Si, S2, Cl, C2, C3, L1, L2, L3, L4, L5, Al, A2, A3, A4, A5, A6, A7 as revised by condition 3f of this resolution, A8, A9, F1, F2, F3, F4, F5, F6 ("Park Place Plaza" Monument Sign Detail), B1, B2 and B3, and the following conditions: a. MPCA approval of the remediation plan relating to environmental contamination on the site and conformance with the conditions of the approved remediation plan. b. Final PUD approval is contingent upon the developer and current/prospective property owners, including Home Depot, signing the required agreements and conforming with all provisions of the executed special assessment agreements for construction of required off-site improvements, executed development agreement and executed supplemental development agreements that cover all on-site improvements within the PUD in accordance with Section 14:6-7.5(F), executed sidewalk easements agreement, executed reciprocal easements and operation agreement, and the executed reversion agreement. Wherever there is a conflict between the requirements of any of said documents, City Code, and/or this resolution, the more stringent requirements shall apply. c. The type and colors of all exterior building matenals (including building facades, canopies, screen walls, fences, trash enclosures, and permanent exterior signage) throughout the Final PUD must match those adopted as part of the Approved Final Plans, and no exterior building materials other than doors may be surface painted (this requirement does not prohibit the use of standing seam metal with a baked enamel finish, as approved). Said doors shall be painted to match the approved brick or rock face block color. All exterior building materials must be maintained in an aesthetic manner as determined in the sole discretion of the City. d. Wherever brick is denoted on the Approved Final Plans, a full 4" thick face bnck must be applied in a masonry technique except that an alternative brick application, face brick cast in structural panels, is specifically approved for the Home Depot building on Lot 2. The alternative brick application for Lot 2 must match the color, texture and visual aesthetics of the brick used throughout the remainder of the PUD. e. Permanent exterior signage is limited to that shown on the Approved Final Plans. Additional window signage, temporary banners and the like are restricted in accordance with the terms of the "Maintenance and Operational Restnctions" Exhibit of the development agreement and supplemental development agreements. f. All light poles must be included within curbed areas. g. All rooftop equipment must be screened from ground level view using parapet walls and all rooftop equipment must be painted to match the color of the rooftop to ensure that it is minimally visible from nearby office towers. h. Prior to issuance of any building permits, the developer must reimburse the City for all costs incurred by the City in connection with processing the applicant's PUD, and preparation and implementation of the development agreements and associated agreements. Resolution No. 05-036 -8- i. In lieu of meeting certain bufferyard requirements as waived in Paragraph 31 above, the developer shall donate 225 plant units to the City in the form of twenty 2-1/2" canopy trees by June 1, 1997 for use on nearby lands to provide screening of the project. j. The subsequent phase of the PUD is approved in concept only as including 110,000 square feet of gross retail building area, 495 parking spaces and 55 proof of parking spaces on Lot 1. The details of the subsequent phase shall be reviewed as a minor amendment to the approved Final PUD, unless additional off-site impacts or modifications to Code or PUD requirements are anticipated, in which case, the details of the subsequent phase shall be reviewed as a major amendment. In either case, the City Council reserves the right to hold a public hearing regarding the subsequent phase. The subsequent phase shall require amendment to the development agreement and/or supplemental development agreement for Lot 1. k. No administrative subdivision of any property within the PUD shall be granted due to the interrelatedness of the PUD, plat, and Approved Final Plans. 1. The developer and/or property owner shall dedicate, at no expense to the City, any right-of-way which may be necessary and required in the future to facilitate improvements at the intersection of 16th Street and Zarthan Avenue and/or to provide access from Cedar Lake Road into the PUD. Developer and/or property owner shall be responsible for the costs associated with these potential future improvements based upon the benefit to the project and/or the demands the project has placed on the roadway system. Any such improvements would require a major amendment to the Approved Final Plans for the PUD m The developer and/or owner shall obtain all necessary permits to complete any further required environmental remediation of the site and undertake said remediation pursuant to local, state and federal regulations, as applicable. n. The developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, demolition permit, building permits, and erosion control permit. o The developer shall obtain approval by the Minnehaha Creek Watershed Distnct as well as any other approvals required by state and federal agencies, including the required Indirect Source Permit, and the developer shall comply with all conditions of said approvals and permits. p The Final Plat shall be submitted to the County for recording prior to initiating any site work relating to construction of the PUD project; evidence of filing of the final plat or other assurances pertaining to required easements shall be presented to the City prior to issuance of any permits other than demolition and associated temporary noise permits. The Preliminary and Final Plat are inherent components of the Preliminary and Final PUD approvals and are subject to the conditions of Preliminary and Final PUD approval and the Approved Final Plans. Access to the platted properties shall be limited to the means provided in the Approved Final Plans. q. • o Resolution No. 05-036 -9- r. No certificate of occupancy for any building in the PUD shall be issued until all the circulation drives and internal sidewalks throughout the PUD and all the improvements, other than landscaping and wear coat of asphalt, for that building's lot, have been installed and accepted by the City. All landscaping on the lot shall be completed within one (1) year from the date the certificate of occupancy is issued s. The general public shall have the right to utilize the internal sidewalks for pedestnan access, including walking bicycles, through the PUD property and for access to the outdoor seating plaza, which shall remain available to the general public in perpetuity for passive recreational use that is not disruptive to the operation of the shopping center. No provision of the reciprocal easement and operations agreement shall be interpreted as overnding this requirement. t. The Approved Final Plan Exhibits may be revised to include a 4,450 square feet Arby's restaurant on Lot 4 in accordance with the plans reviewed by the Planning Commission on May 1, 1996, and further revised as follows: to clarify building materials; to ensure that building matenals match materials used throughout the remainder of the development; and to reduce the width of the metal door on the rear elevation to a maximum of 8 feet. u. The obligations and conditions herein imposed on the developer by this Final PUD shall also apply to any property owner, successor or assign. v. The City may enforce any provision of this resolution in the same manner as provided for a violation of the City's Zoning Ordinance and/or as provided in the development agreement or supplemental development agreements. 5. The Final PUD shall be amended on October 22, 1996 to incorporate all of the preceding conditions and add the following condition: a. The height of the future Retail 1 tenant space at 5680 Cedar Lake Road may be reduced from 30'8" to not less than 20'0". 6. The Final PUD shall be amended on January 6, 1997 to incorporate all of the preceding conditions and add the following condition: a The rear door configuration in the tenant space on the south end of the 1650 Park Place Boulevard building (Bruegger's Bagels) is revised in accordance with Exhibit A5.1 - Exterior Elevations dated 12-23-96 7 The Final PUD shall be amended on March 17, 1997 to incorporate all of the preceding conditions and add the following conditions: a. The building at 1690 Park Place Boulevard (Arby's) may utilize neon lighting in accordance with Exhibits A4 1, A4 2 and A4.3, Arby's Extenor Elevations provided said exhibit and assent form are signed by Franchise Associates, Inc. b. The Landscape Plan may be revised in accordance with Exhibit L.1, Landscape Plan revised 2/28/97 and stamped received 3/3/97 provided the following conditions are met. Resolution No. 05-036 -10- i) a revised Grading Plan that accurately reflects the proposed retention of existing berms shall be submitted and approved by the City Engineer and Zoning Administrator. The Zoning Administrator shall ensure that the plan meets requirements relating to minimum berm heights adjacent to truck circulation areas. ii) Prior to implementing the changes, Ryan Construction Company, Inc. and the current fee owner of 1625 Zarthan Avenue must sign the Assent form and revised exhibits. 8. The Final PUD shall be amended on January 5, 1998 to incorporate all of the preceding conditions and add the following conditions: a. An Office -Max sign may be installed on the east facade of the building located at 5600 Cedar Lake Road (Office -Max) in the location shown on the Exhibit A3.1 Elevation. b. Prior to issuance of a sign permit, Ryan Construction Company, Inc. and Office Max must sign the Assent Form and revised exhibit. 9. The Final PUD shall be amended on April 3, 2000 to incorporate all of the preceding conditions, find no need for a new EAW, and add the following conditions: a. The Costco site (Lots 1 and 8) shall be developed, used and maintained in accordance with the official exhibits, which shall be amended to address the following conditions: (Amended on July 15, 2002 by Condition 12.a.) i) The plans shall be amended as determined necessary by the Director of Public Works to show dedication of right-of-way near 16th/Zarthan as anticipated in the original development agreement sketch. Landscape plans shall be amended as necessary and approved by the Zoning Administrator to accommodate future improvements to this intersection while preserving existing berming/screening to the extent feasible. ii) The plans shall be amended to include proof of parking in excess of minimum requirements as approved by the Zoning Administrator. If excess proof of parking is shown, details of the proposed curb cuts and effects on existing landscaping shall be submitted and approved by the Zoning Administrator. iii) Elevation drawings shall be amended to show screen wall heights of 12 feet as measured from the main service drive elevation unless evidence is approved by the Zoning Administrator that the proposed heights will adequately screen service vehicles. iv) Elevation drawings and sign details shall be amended to comply with ordinance requirements unless a variance for proposed signage has been approved. b. Pnor to beginning any site work, the following conditions shall be met: i) a copy of the required Watershed District permit shall be submitted to the City. ii) an erosion and sediment control plan shall be submitted and approved by Public Works. Resolution No. 05-036 -11- iii) a letter from the MPCA shall confirm no need for a new ISP based upon the final traffic study by SRF. iv) The official exhibits and assent form shall be signed by the applicant, owner, and City. c. Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers dunng peak restaurant times. d. Costco shall adhere to restrictions on temporary signage as included in the Final PUD approval for Park Place Plaza. e. Prior to issuance of a building permit, which may impose additional restnctions, the following conditions shall be met: i) The development agreement shall be amended and executed and shall address, at a minimum, land dedication, design, construction, financial sureties for on- and off-site improvements, and maintenance. ii) A revised light distribution plan, landscape irrigation plan, and all building material samples and colors shall be submitted and approved by the Zoning Administrator Prior to issuance of an Occupancy Permit, the following conditions shall be met: i) the required traffic improvements at 16th Street and the main access drive, including installation of a traffic signal paid for by the applicant, shall be complete and operational; the applicant shall also pay its share of a traffic signal at 16th and Zarthan, which may be installed at a later date. 0 the entire PUD site shall be found to be in compliance with the conditions of final PUD approval, or a Letter of Credit shall be submitted in the amount of 125% of the cost of any outstanding improvements, including but not limited to completion of improvements near the intersection of Park Place Boulevard and 16th Street, public transit improvements on 16th Street as approved by Metro Transit, and all conditions of the final PUD resolution and executed development agreement. g. Costco shall adhere to restrictions on delivery and garbage service hours and routes as included in the final PUD approval for Park Place Plaza except that additional restnctions on garbage service may be imposed on Costco as necessary to prevent conflicts with customers during peak restaurant hours. h. All sidewalks throughout the PUD site shall be maintained in a clear, walkable condition at all times during which one or more buildings within the PUD are open to the public. 10. The Final PUD shall be amended on November 6, 2000 to incorporate all of the preceding conditions and add the following condition: a. Temporary Certificate of Occupancy may be issued prior to the signal at 16th and the main access dnve being operational provided Costco installs a stop sign at the exit to 16th Street and employs off-duty police officers to direct traffic from the date of opening until such time as the traffic signal is operational or the City agrees it is no longer necessary. Resolution No. 05-036 -12- 0 11. 0 The final PUD shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: a. The Costco fueling facility site (Lot 9) shall be developed, used and maintained in accordance with the official exhibits which shall be amended to address condition 11.f.iv. Previously approved official exhibits for Lots 1, 2 and 8 shall be amended to include traffic improvements noted in condition 11.g. b. Costco shall adhere to the Fire Department's requirements for the fueling facility including: i) An employee must be available on-site while the fueling station is open. ii) A key -actuated manual reset switch shall be installed inside the attendant building. iii) A fire department access key box shall be installed on the exterior of the attendant building. iv) Instructions shall be provided in English and Spanish. v) Spill control equipment and supplies to contain and dispose of a 30 -gallon (150% of customer limit) fuel spill Include storm drain covers, absorbent matenals, containers and tools. Protective clothing and equipment to be provided for trained attendants. vi) Dispensing nozzles shall be UL 842 listed. vii) One 40-B:C fire extinguisher shall be located outside the attendant building with a cabinet tamper switch to automatically activate emergency shut-off controls. c. Prior to beginning any site work, the following conditions shall be met: i) A copy of the required Watershed District permit or letter from the Watershed District indicating no need for a permit shall be submitted to the City. ii) An erosion and sediment control plan shall be submitted and approved by Public Works. iii) The MPCA shall confirm that an ISP amendment is not necessary. d. Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restnctions may be imposed as necessary to prevent conflicts with customers during peak restaurant times. e. Costco shall adhere to restrictions on temporary signage as included in the Final PUD approval for Park Place Plaza. f. Pnor to issuance of a building permit, which may impose additional restrictions, the following conditions shall be met: i) The development agreement shall be amended and executed and shall address, at a minimum, design, construction, financial sureties for on-site improvements, including a letter of credit for 125% of the required internal traffic improvements, and maintenance. ii) A dimensional signage plan, landscape irrigation plan, and all building material samples and colors shall be submitted and approved by the Zoning Administrator. iii) All lights shall be completely recessed in the canopy. Resolution No. 05-036 -13- iv) Revised site and landscaping plans shall be submitted to and approved by the Zoning Supervisor showing the curb locations around the gasoline storage tanks and the reduced landscaping island. g. Pnor to issuance of a permanent Occupancy Permit for the Costco warehouse facility or temporary Occupancy permit for the fueling facility, the entire PUD site shall be found to be in compliance with the conditions of final PUD approval, the applicant shall implement traffic improvements recommended by SRF for the internal Costco warehouse intersection and eliminate three internal access points to Home Depot as shown on TD & A Layout 3, and shall change the sign at the 16`h Street customer entrance to direct service vehicles to the 16`h Street service dnve. h. Service trucks shall use the service entrance on 16th Street and shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16`h Street and shall be limited to servicing the fueling facility between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays and as recommended by the traffic study i. Violation of any condition of PUD approval, including these amendments, shall result in a fine of $750 per day. 12. The final PUD shall be amended (Case No. 02 -38 -PUD) on July 15, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The Costco warehouse building site (Lot 1) shall be developed, used and maintained in accordance with the official exhibits, which shall be amended as approved by the Zoning Administrator to provide an accessible sidewalk and convenient stair location. (Amends Condition 9.a.). b. Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: i) the official exhibits and assent form shall be signed by the applicant/owners. ii) the development agreement shall be amended if necessary, as determined by the City Attorney. iii) an additional letter of credit shall be submitted for 125% of the cost of the site improvements. iv) building material samples and colors shall be submitted and approved by the Zoning Administrator. c. Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers during peak restaurant times. d Prior to issuance of an occupancy permit for the liquor store addition, the applicant shall submit an electronic file and print and reproducible copy of the plat and as -built drawings for the PUD site. In the event that any signal arms are found to be on private property, appropnate easements shall be recorded against the private property. e. Violation of any condition of PUD approval, including these amendments, shall result in a fine of $750 per day. • Resolution No. 05-036 -14- 0 13. The final PUD shall be amended (Case No. 04 -70 -PUD) on March 7, 2005 to incorporate all of the preceding conditions and add the following conditions: a. The Home Depot garden center 5,764 square foot addition shall be developed, used and maintained in accordance with the official exhibits. b. The following traffic improvements are shown on official exhibits and implemented: 1. The 3 -way stop intersection on the main drive aisle at the entrance of Costco is changed to a 4 -way stop intersection. All stop signs at this intersection are changed to standard sized signs. ii. A new right -turn lane from the main dnve aisle into Costco is constructed, and a new right turn lane (directing traffic north) is also constructed. 111. Stop signs at the eastern 4 -way stop of the main dnve aisle are changed to standard sized sign for better driver recognition. c. Landscaping shall be installed according to the submitted landscape plan, with additional tall grass plantings along the banks of storm pond #1. All materials must be approved by the City's Environmental Coordinator. d. Bike racks in the area must be moved and/or replaced in another location on the Home Depot site. e. No outdoor storage is allowed, outdoor merchandise is allowed on sidewalk areas only, in accordance with the City's Zoning Ordinance f. Home Depot must repair or replace the sidewalk if damage occurs during construction of the garden center addition ® g. All requirements of the City Engineer must be met. h. Pnor to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: i) The official exhibits and assent form shall be signed by the applicant/owners. n) The development agreement shall be amended if necessary, as determined by the City Attorney. iii) An additional letter of credit shall be submitted for 125% of the cost of the site improvements. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the onginal Resolution No. 05-036 adopted at the St. Louis Park City Council meeting held on March 7, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of December, 2005.