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Res 1997-109 c€,Lf;o RESOLUTION NO. 109 - 1997 RESOLUTION APPROVING A REDEVELOPMENT PLAN AMENDMENT TO THE S-2, REDEVELOPMENT DISTRICT WHEREAS, the City Council approved a rezoning of property generally located at the northeast corner of University Avenue and Mississippi Street from C-1, Neighborhood Commercial and R-1, Single Family Residential to S-2, Redevelopment District on August 1, 1990; and WHEREAS, the property is legally described as Lot 9, Block 2, Rice Creek Terrace Plat 1, Lots 12 through 16, Block 3, Rice Creek Terrace Plat 2, and Lots 10 through 12, Block 2, Rice Creek Terrace Plat 1; and WHEREAS, the City Council approved a redevelopment plan for a multi- tenant retail center on June 18, 1990; and WHEREAS, the City Council approved an amendment to the 1990 plan on February 25, 1991; and WHEREAS, the City Council has received application from Semper Development Ltd. for a plan amendment to the S-2 District; and WHEREAS, the Housing and Redevelopment Authority has recommended approval of the amendment in accordance with the S-2 District requirements; and WHEREAS, the Planning Commission conducted a public hearing on the matter on October 15, 1997; and WHEREAS, the Planning Commission recommended approval of the amendment on October 15, 1997; and WHEREAS, the City Council finds that the proposed plan meets the intent of the S-2 Redevelopment District. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley do hereby ordain that the plan amendment by Semper Development Ltd. , as represented in case file ZOA #97-07, is approved subject to the stipulations listed in Exhibit A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24 DAY OF NOVEMBER, 1997. A - MAYOR ATTESTIF OIL" (1. OILIP0. WILLIAM A. CHAMPA - CITV CLERK cCirA„ Page 2 -- Resolution No. 109 - 1997 EXHIBIT A 1. The development shall be constructed in accordance with the site plan dated November 10, 1997, unless otherwise provided for by the stipulations of approval. 2. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. 3. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. 4. The City conceptually approves two driveway cuts, and the petitioner is to work with Anoka County to determine the exact location of the cuts. 5. The petitioner has offered to grant an easement to the Anoka County Regional Railroad Authority for parking. The plan amendment approval is subject to the agreement by the Anoka County Regional Railroad Authority as to the form of such easement. Petitioner shall provide a letter from the Anoka County Regional Railroad Authority to the City that such form has been agreed to, and shall record such easement prior to the issuance of any building permit for the development. 6. The petitioner shall pay park dedication fees at time of building permit in the amount of $2, 618.41. 7. Storm water management calculations shall be submitted prior to issuance of the building permit. 8. All rooftop equipment shall be screened from view from the public right-of-ways. 9. No automotive service uses, car sales, or other outdoor repair/ display uses shall be permitted. No pawn shops shall be permitted. No restaurants are permitted unless specifically approved by the Planning Commission and City Council. The City, in its evaluation of a proposed restaurant use, may require proper HVAC and odor venting equipment to eliminate to the greatest extent possible any odor emissions from the building. Venting for specific odor causing uses shall be routed to the most westerly point of the building before being released to the open air. 10. In the event Walgreen' s vacates the building, the City shall have the right to review each use within the building prior to occupancy to determine whether or not it is consistent with the intent of the Center City Redevelopment Plan. 11. All lighting shall be shielded such that the glare does not adversely affect residential properties. 12. All parking and driving areas shall be lined with concrete curb. Spaces identified as "proof of parking" shall be installed at the request of the City. Oe.1..0 Page 3 -- Resolution No. 109 - 1997 13. All dumpsters shall be screened by the trash enclosure indicated on the site plan dated November 10, 1997. 14. Underground irrigation shall be provided to landscaped areas. 15. The pavement shall be appropriately marked to delineate the prescription pick up window lanes. Any changes to the pavement plan shall be indicated on the plan submitted for building permit review. 16. The decibel level of the audio system for the pick up window shall be at a level where its noise is not audible from residential properties to the east. 17. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 18. A seven foot cedar fence shall be constructed along the north and east sides of the development. The fence along the north side of the parking lot shall be constructed between the parking lot curb and the edge of the pond. The petitioner shall submit a plan for the installation of a decorative fence with brick pillars and black aluminum fencing along University Avenue and Mississippi Street in conjunction with the building permit application. The fence shall be installed prior to issuance of a certificate of occupancy. 19. The petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site. 20. The 17 stipulations from 1990 and the 17 stipulations from 1991 are herewith deleted. 21. All of the lots included in the site plan shall be combined to form one tax parcel. 22. The developer acknowledges that the current roadway configuration and the traffic studies from 1990 and 1991 notwithstanding the appropriate governmental bodies reserve the right to change and alter the alignment of the roadway, including the location of the median.