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HomeMy WebLinkAbout13-138 - ADMIN Resolution - City Council - 2013/09/16RESOLUTION NO. 13-138 Amends and Restates Resolution 04-054 Rescinds Resolutions 01-151, 00-012, 99-125 and 98-103 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-054 ADOPTED ON APRIL 19, 2004 GRANTING AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT FOR A SHOPPING CENTER OVER 200,000 SQUARE FEET WITH A GROCERY STORE UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 8332 STATE HIGHWAY NO. 7 WHEREAS, Rouse Properties has made application to the City Council for a major Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to replace the interior mall with retail space and parking, reconfigure existing parking, and construct a new retail building in the southwest corner of the property at 8332 State Highway No. 7 within a C-2 General Commercial Zoning District having the following legal description: See Attached Legal Description — Exhibit A WHEREAS, the City Council has considered the information related to Planning Case No. 13 -28 -PUD and the effect of the proposed redevelopment on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive plan; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 99-125 of the St. Louis Park City Council dated November 1, 1999 which contained conditions applicable to said property; and WHEREAS, Resolution No. 99-125 was rescinded and a Planned Unit Development (PUD) was approved regarding the subject property pursuant to Resolution No. 00-012 of the St. Louis Park City Council dated February 7, 2000 which contained conditions applicable to said property; and WHEREAS, Resolution No. 00-012 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No. 01- 151 of the St. Louis Park City Council dated December 17, 2001 which contained conditions applicable to said property; and WHEREAS, Resolution No. 01-151 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No. 04- 054 of the St. Louis Park City Council dated April 19, 2004 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and Resolution No. 13-138 -2- WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 04-054, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case File 13 -28 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 04-054 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location described above for a shopping center over 200,000 square feet with a grocery store based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with City Code and the approved Official Exhibit A, Existing Conditions -Site Plan. (Amended by Condition 2 on December 17, 2001, and Condition 3 on April 19, 2004). 2. The PUD shall be amended on December 17, 2001 to allow certain facade changes and additional entrances on the south side in accordance with Exhibit B/C- Site Plan and elevations stamped as received November 27, 2001, and the following conditions. a. All food service facilities shall be as approved by the Inspections Department. b. No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions). Temporary permits for outdoor sales shall be issued only as the Zoning Administrator determines that adequate parking remains for the rest of the mall. c. By February 7, 2005, all landscaped areas including parking islands shall have automatic irrigation. d. Developer shall work with staff to provide evergreen plantings along Aquila Avenue if possible. e. All building facades must maintain true cement stucco at the pedestrian level as approved by the Zoning Administrator. f. All existing and proposed stucco and EIFS must be painted to match Kohl's and Old Navy. g. Fire lanes shall be provided as required by the Fire Marshall. h. Pnor to any site work related to the facade changes and additional entrances per December 17, 2001 amendment, the applicant shall obtain a building permit, which may impose additional requirements. i. Prior to installation of any new signs, the applicant shall obtain sign permits, which may impose additional restrictions. 3. The Planned Unit Development shall be amended on April 19, 2004 to eliminate the previous theater approvals, approve modifications to the interior floor plan and exterior enhancements to the existing building, and to incorporate all of the other preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the approved Official Exhibits Al, Site Survey, B1, Existing Site Plan, C1 & 2, Exterior • • • Resolution No. 13-138 -3- Elevations, D1, Landscape Plan as modified prior to signing to meet required conditions of this approval, documents incorporated by reference herein. b. Prior to issuance of any building permits for interior floor plan modifications or extenor enhancements, which may impose additional requirements, the developer shall comply with the following: i. Meet all Inspection Department/Utility requirements as recommended by staff. ii. Meet any Fire Department emergency access requirements for dunng construction. iii. Building materials samples/colors shall be submitted to and approved by the Zoning Administrator. iv. An irrigation plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. v. Revised site lighting plan/photometric shall be submitted to and approved by the Zoning Administrator. vi. Developer/Owner must sign the Assent Form and approved official Exhibits. c. The developer shall comply with the following conditions during construction: All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. 11. Loud equipment shall be kept as far as possible from residences at all times. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. a_ iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. d. Prior to issuance of a new Certificate of Occupancy or Registration of Land Use for the portion of the Mall proposed for the fitness center or relocated/expanded TJ Maxx, (which may be approved for other retail) the developer shall comply with the following: i. On-site lighting, other than the transit lighting, must be brought into compliance with City requirements. ii. Parking area improvements must be completed in accordance with the signed Official Exhibits. iii. Fire lanes shall be in accordance with the signed Official Exhibits. iv. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved irrigation plan except that a temporary C of 0 can be issued prior to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irrigation improvements. v. Exterior building improvements shall be complicated in accordance with the signed Official Exhibits and approved materials and colors. Resolution No. 13-138 -4- e. Prior to issuance of any Certificate of Occupancy or Registration of Land use for additional tenants or tenant changes along the north building facade, that portion of the north building facade must be brought into full compliance with the City's architectural requirements. Any new entry or any exterior building changes to the north facade must also be in full compliance with the City's Architectural Code. f. On-site storm water management must be brought into compliance with City standards when any future projects affect the parking lot or with any future building expansions. g. Prior to the installation of any new signs, including temporary signs or new sign faces, the applicant shall obtain sign permits, which shall comply with ordinance requirements unless variances are obtained. 4. The Planned Unit Development shall be amended on September 16, 2013 to remove the interior mall, and replace it with large retail spaces and additional parking, to construct a retail building in the southwest corner of the property and to incorporate all of the preceding conditions except condition 3f which is to be replaced by the provisions of condition 4g herein, and add the following conditions: a. The site shall be developed, used and maintained in conformance with the Official Exhibits. The improvements proposed in the Official Exhibits approved on September 16, 2013 shall supersede previously approved exhibits to the extent shown on the new exhibits. b. All necessary permits must be obtained, including from the Mmnehaha Creek Watershed District (MCWD). c. A sidewalk shall be installed within the public right-of-way along the south side of 36th Street. d. The drive through facility located at the proposed retail building in the southwest corner of the site shall maintain vehicle stacking of at least six vehicles. The Knollwood Mall property owner shall be required to make necessary changes to the drive through and parking lot if the stacking resulting from the drive through interferes with mall traffic in the parking lot. e. The site shall meet all fire lane requirements. f. A minimum of 206 bicycle parking spaces shall be installed. g. Prior to issuing the building permit, the following conditions shall be met: i. Property owner shall sign the assent form and all official exhibits. ii. Property owner shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping, sidewalks., parking lot improvements and the repair/cleaning of public streets and utilities. iii. Approval by the city engineer of a stormwater management plan submitted in accordance with City Code Sec. 12-158 meeting the city standard that discharge from the 37 -acre site resulting from a 100 year storm event be held on site and released no greater than the 10 -year storm event rate. iv. Execute a PUD development agreement which shall include, at the minimum, the following: (1) A description of the improvements necessary to the site to implement the approved storm water management plan, which improvements may be done in two phases, with the first phase being the installation of a dry Resolution No. 13-138 -5- pond in the northwest corner of the site as shown on the grading plan and final completion of all improvements necessary to bring the site into full compliance by October 1, 2017; (2) Plans for the sidewalk to be installed along 36th Street. (3) Description of all approved site improvements. v. Provide a financial guaranty in the form of a letter of credit, in a form acceptable to the city attorney, or cash escrow in the amount of 110 percent of the cost to install the future storm water improvements provided for in the approved storm water management plan which are necessary to bnng the 37 - acre site into compliance. vi. A City and MCWD erosion control permit shall be issued. h. The applicant shall comply with the following conditions during construction: i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 8:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. M. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. All new utilities shall be buried. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. dition to any other remedies, the developer or owner shall pay an admimstrative fee of $750 olation of any condition of this approval. Revie City Attest: fi Administration: Adoptthe City Council September 16, 2013 Mayor