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HomeMy WebLinkAboutPL PACKET 01301996 Meeting Sheet IIIII gigs 11918 gill 111. 1IIIIIIIIIII 101456 Box: 20 Folders PL PACKETS 1996 Document: PL PACKET 01301996 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA Special Meeting JANUARY 30, 1996 7:00 P.M. Community Center Cafeteria I. CALL TO ORDER. II. ROLL CALL. III. DESIGNATE COMMISSION REPRESENTATIVE TO FEBRUARY 13, 1996 COUNCIL MEETING. IV. PUBLIC HEARING. A. Application for Subdivision of Land -- Ste. Marie Company B. Variance Request For Sideyard Setback -- Ste. Marie Company V. OTHER-ITEMS. A. Review Comprehensive Sign Plan VI. ADJOURNMENT. I; MEMORANDUM DATE: January 24, 1996 TO: Michael Mornson, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Summary of issues re: Apache Redevelopment from the 1/23/96 Planning Commission Work Session 1. More Detail: The Planning Commissioners felt that OPUS and First Bank did not provide as much detail in this redevelopment proposal as they did in the original proposal presented in November, 1994. They especially want more information regarding the following: a. Parking. Has Cub Foods planned for their parking needs? Staff has determined that they more than meet the ordinance requirements. According to their site plan, they show 573 parking spaces. The ordinance requires that there be one space for every 300 sq.ft. of gross floor area. The proposed store will be 75,200 sq.ft. and is required to have at least 251 parking spaces. b. Ground Signs. The Commissioners found the proposal for ground signs submitted by OPUS not acceptable because the ground signs are too large. The ordinance states that ground signs cannot exceed a height of 8 feet, including the pedestal and any berming and having a surface area of up to 68 sq.ft. for two or more surface copy. The City Council also expressed a desire to keep the ground signs to 8 feet. The Commissioners also did not see landscaping plans for the signs included in the sign plan. Since that is a requirement of the sign ordinance for ground signs as well, they would like to see what they are proposing for landscaping. C. Ponding for Lot 7. They would like some discussion on this issue. I informed that their drainage proposal for Lot 7 could be found in the EAW that was recently submitted. d. Park & Ride. Commissioner Franzese asked what they were planning to do with the Park & Ride as many residents use that area. e. Cub Food Signs. There was alot of discussion about the size and appearance of the proposed Cub Food signs because they were not included in the proposed sign package. The Commissioners would like to see what they will look like and the proposed size. Again, there was concern that they may be too large for the area. The signs they would like the dimensions of include wall signs, ground signs, and the pylon sign. f. Pylon Signs. Is the existing one going to be removed? Is the new pylon sign being placed where the existing one is currently? Is the Cub Foods sign as described in the submitted Comprehensive Sign Plan a pylon or ground sign? g. Variance. Commissioner Gondorchin suggested that this be a setback variance for the sideyard rather than a "0-lot line" variance. h. Center's Name. Is the name for the plat to be Silver Lake Center or Apache Plaza? This decision will need to be made before the Planning Commission holds the public hearing for the subdivision of land on 1-30-96. 1' STAFF REPORT DATE: January 30, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Application for Subdivision of Land of the Apache Plaza Shopping Center. BACKGROUND: The Ste. Marie Corporation, current owner of the Apache Plaza Shopping Center, is requesting a subdivision of land in order to redevelop the shopping center. The purpose of the subdivision and replatting of this property is to enhance the orderly redevelopment of the property, providing interested retailers the opportunity to take advantage of redeveloped property as it becomes available and allowing the existing mall to remain in operation during the redevelopment. The replatting of the property will allow for the creation of seven (7) retail lots and three (3) outlots for the construction of storm water retention ponds. Lot 1 is being planned for the construction of a 75,200 square foot Cub Food store; Lots 2 (First Bank), Lot 5 (Tires Plus), and Lot 6 (Taco Bell) will be maintained in their existing retail use; and Lots 3 and 4 will be redeveloped for a single-tenant or multi-tenant retail facilities. Lot 7 will contain the existing mall and the balance of the property, all of which may be redeveloped at a later date. The whole of the Apache Plaza Shopping Center is the district zoned for General Commercial. As such, the commercial district requires that all lots have an area of at least 15,000 square feet and a,minimum width of 100 feet. Proposed Lot 1 has approximately 403,801.2 square feet and is 524.6 feet wide; proposed Lot 3 is approximately 61,419.6 square feet and is 235.31 feet wide; and proposed Lot 4 is approximately 61,855.2 square feet and is 244.7 feet wide. Lot 2 has approximately 57,499.2 square feet and 179.3 feet wide; Lot 5 is approximately 56,628 square feet and 232.5 feet wide; Lot 6 is approximately 34,412.4 square feet and 121.1 wide feet; and Lot 7 is approximately 1,433,559.6 square feet. Lots 2,5,6 and 7 have existing retail uses. According to the preliminary plan, all lots meet the requirements of the City's Zoning Ordinance for lot size and width. All lots as represented by the preliminary plat appear to have direct access to Silver Lake Road. The developer is proposing to also create reciprocal easements for access, parking and utilities to serve the proposed lots and to permit the ultimate retail uses to function as a single shopping center. The City's attorney has advised that the City should condition any approval of.-the plat on the City's review and approval of an agreement in recordable form before the plat is signed and released by the City. According to the City's Ordinance, Section 1650.05, adequate parking must be provided and is determined based on the gross floor area of the building on the lot. SuperValu is proposing to build a 75,200 square foot Cub Food store and providing 573 parking spaces. The ordinance requires that there be one space for every 300 square feet of gross floor area. SuperValu, therefore is required to provide a minimum of 251 parking spaces. The existing businesses on Lots 2, 5, 6 and 7 currently provide adequate parking. Since the size of the structures to be built on Lots 3 and 4 is unknown at this time, it is not possible to determine the minimum number of parking spaces that would be required under this section of the City Code. This will be evaluated at the time that Ste. Marie Corporation provides the City with the site plans for each of these lots. The proposed Cub Foods building meets the required setback requirements of the City's Ordinance as stated in Section 1635.05. If the subdivision of land is approved, the existing mall building on Lot 7 will not meet the sideyard setback requirement of 10 feet. The Ste. Marie Corporation has applied for a sideyard setback variance of 10 feet. Duane Grace, has advised the City that this "zero-lot line" is acceptable according to the Uniform Building Code, provided that a two-hour rated fire wall be constructed, a 60 foot right-of-way is maintained between the Cub Foods store and the existing mall, and the sprinklering system is maintained. The City Attorney has suggested that each lot have its own sewer and water connections. Where a lot does not have direct access and connections to the main utilities under Silver Lake Road, or in other public easements, such easements will need to be created either in the plat or as suggested earlier by Mr. Soth, through a reciprocal easement agreement. The Public Works Director has verified that each lot can be served with sewer, water and other necessary utilities. An Environmental Assessment Worksheet has been completed. The City Attorney has advised that until the requirements of the law relating to the Environmental Worksheet are met, the project should not have final approval from the Council. The City Attorney has also advised the City that the existing Declaration of Restrictions filed and recorded a year ago as part of the previous plat approval will be terminated when the new plat is filed. These restrictions are not necessary for the City's protection provided the land is replatted. Title insurance information has been provided by Ste. Marie Corporation as per Mr. Soth's request. RECOMMENDATION: Based on the information provided by Ste. Marie Corporation and the conditions and advice provided by the City Attorney, Staff recommends approval of Ste. Marie Corporation's petition for subdivision of land in order to facilitate the redevelopment of the Apache Shopping Center. STE. MARIE COMPANY 601 Second Avenue South MPFP 1802 Minneapolis, MN 55402 January 10, 1995 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Attn: Mike Mornson, City Manager RE. Apache Plaza Dear Mike: Ste. Marie.Company("SMC"), as owner of Apache Plaza,.would like to request a special -meeting of the St. Anthony Planning Commission on January 30, 1996, for the purpose of considering SMC's applications for: (1) subdivision of Apache Plaza(to be renamed Silver Lake Center); (2)a comprehensive sign plan; and (3)two variances for zero lot-lines. Please note that SMC is a co-applicant with SuperValu Holdings, Inc. for the zero lot-line variance for the future expansion of the proposed Cub Food Store. Thank you for assistance. Sincerely, Mary T. Rothchild Vice President STE. MARIE COMPANY 601 Second Avenue South MPFP 1802 Minneapolis, MN 55402 January 10, 1995 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Attn: Mike Mornson, City Manager RE: Apache Plaza Dear Mike: Enclosed please find the applications for subdivision, signage and two variances for Apache Plaza to be considered for approval by the Planning Commission and the City Council. The applications for subdivision and signage are each accompanied by the ap ropriate fee. The fees for the variances($100.00 each)will be delivered tomorrow. Also, pursuant to your request, I have included a letter requesting a special meeting of the Planning Commission for January 30, 1996. As discussed, Ste. Marie Company will deliver to the City all of the materials to be considered along with the applications by January 16, 1996. We expect this information to include, among other things: the preliminary survey, a preliminary drainage plan, a comprehensive sign plan, legal descriptions of the each of the parcels, locations of the easements, and a written narrative of the development plan (Phase 1). We would be happy to meet with you and the City staff at your convenience anytime the week of January 16 to review the applications and supporting material. Thanks for all of your assistance. Sincerely, T Mary T. Rothchild Vice President Date: January 10, 1996 Fee: $150.00 CITY OF ST. ANTHONY APPLICATION FOR SUBDIVISION/PLAT APPROVAL Applicant: Ste. Marie Company Phone: 973-9141 Address: - 601 .Second .Ayenue. South, .I`1inneapolis, .,MN . 55402 Status of Applicant (Owner, Buyer, Renter, Agent, etc.): owner Present Legal Description of Property to be Affected: See' attached Proposed Legal Description of Property to be Affected: See attached Street Address: 3800 Silver Lake Road St Anthony. MN Zoning District in Which-Property is Located: Commercial Specify Any Necessary Easements: See attached Area of the Plat/Subdivision: Appro-kimately 50+ acres- Number of Parcels. Total 10 Parcels (7 Lots; 3 outlots) Attach a copy of the proposed plat showing the proposed name of the plat, the location within the City, the names of the present owners, the scale, the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documentation as is requested by the City Manager or the subdivision/platting ordinance. Z/ - * 15 .0 . 0001 DOIRSEY & WHITNEY PROMBSIOHAL IJMITBD 11, 11JT4 PAMMEBSHIP NEW YORK ROCHESTER,MN PILLSBURY CENTER SOUTH WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 55402-1498 DENVER (612) 340-2600 GREAT FALLS FAX(612)340-2868 ORANGE COUNTY, CA M I S S O U LA LONDON DES MOINES V VIL11 M R.SOTS BRUSSELS (612)340-2969 FA R G O January 24, 1996 Planning Commission City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Preliminary Plat of Silver Lake Center Dear Members of the Planning Commission: I have reviewed the Preliminary Plat of Silver Lake Center being proposed by Ste. Marie Company, and have the following comments: 1. Lot Size. According to the zoning map for the City, all of this property appears to be in the "C" or General Commercial District. The Commercial District requires all lots to have an area of at least 15,000 square feet, and a minimum width of 100 feet. All lots meet these requirements. 2. Access. All lots appear to have direct access to Silver Lake Road. The developer is proposing to create reciprocal easements for access, parking and utilities to serve the lots and to permit them to function as a single shopping center. The City should condition any approval of the plat on the City's review and approval of an agreement in recordable form before the plat is signed and released by the City. 3. Setbacks. The minimum setbacks are set forth in Section 1635.05 of the Code (p. 16-26). It appears that all setback requirements are met except for the existing mall building which will not be set back from the north line of Lot 7. The owner has applied for a "zero lot line" variance to permit this portion of the building to have no setback from the lot line. Any such variance would need to be granted in accordance with the provisions of Section 1665.06 of the Code. 4. Parking. Parking must meet the requirements of Section 1650.05 of the Code, and the proposed parking for all lots in the plat should be checked to make DoR9EY & WHITNEY PHOP SSIONAL LIMITHD L+ TLZT PAIMNERSHIP Planning Commission January 24, 1996 Page 2 sure such requirements can be met either with separate parking on the individual lots or common parking provided by the reciprocal easement agreement referred to in paragraph 2 above. 5. Floor Areas. You will need to determine whether the existing buildings and any proposed new buildings meet the floor area ratio requirement of 1.0 set forth in Section 1635.05, Subd. 3 of the Code. 6. Sewer and Utilities. Each lot should have its own separate sewer and water connections. To the extent that any lots do not have direct access to utilities in Silver Lake Road or in other public easements, easements will need to be created either in the plat or in the reciprocal easement agreement referred to in paragraph 2 above. The Director of Public works should verify that each lot can be served with sewer, water and other utilities. 7. Easements. Under Section 1500.05, Subd. 2, easements must be provided for utilities and drainage where necessary. The easements must be at least 10 feet wide for utilities and must have continuity of alignment with existing easements. The property should be platted with any new easements being dedicated in the plat. It also would be helpful to rededicate any old easements in the new plat so that they would be shown in the new plat without the necessity of reviewing any older underlying plats. It does not appear that any new easements are shown on the Preliminary Plat. The surveyor should clearly identify on the Preliminary Plat all public easements to be dedicated in the new plat. The owner has requested that the City vacate certain existing easements created in an easement deed dated February 11, 1963, recorded in the office of the Ramsey County Recorder as Document No. 1584191. These existing easements appear to be shown in the Preliminary Plat and in a site plan submitted to Michael Morrison in a letter from David Greening dated January 17, 1996. The City must determine whether any public utilities are existing within any of the easements to be vacated. The City also needs to determine whether any of such easements will be necessary for future use by the City. A public hearing must be held and notice of the proposed easement vacation must be published in the same manner as for hearings held for the vacation of a street, as the City has done in the past. 8. Ponds. The owner is proposing to convey Outlots A, B and C to the City so that maintenance of ponds on these Outlots can be assured by having the City do the maintenance. Reimbursement for all maintenance costs is then to be DoRsEY & WHITNEY P20FESSiONAL Ux=D LIABILITY PA8 HRSHIP Planning Commission January 24, 1996 Page 3 paid by each of the owners of the numbered lots based upon the land size of each lot under a Pond Maintenance Agreement to be signed by the owner or owners of the properties which will be subject to the obligations for maintenance costs. If the City agrees to own and maintain the ponds, the Pond Maintenance Agreement should provide for the construction of the ponds at the developer's cost, including the construction of fences if necessary as a safety measure, the cost of any additional liability insurance that the City may require with respect to the ownership and maintenance of the ponds, and possibly indemnification of the City with respect to the ponds. The agreement would be recorded and would be a permanent encumbrance upon each lot responsible for such payment and would run with the title to each such lot and be binding on all future owners. Such an agreement for construction of the ponds and for payment to the City for ongoing maintenance and other costs should be drafted by the owner and should be submitted to the City for approval. The City should condition any approval of the plat on the City's review and approval of a Pond Maintenance Agreement in recordable form before the plat is signed and released by the City. 9. EAW. As you know, a petition for an Environmental Assessment Worksheet ("EAW") for the Silver Lake Center is pending, and the Environmental Quality Board has determined that the City is the appropriate governmental unit to decide the need for an EAW. If an EAW or an environmental impact statement ("EIS") is required for a project, then under Minnesota Statutes, Section 116D.04, the project may not be started and final governmental decisions may not be made to grant a permit, approve the project, or begin the project until required actions have been taken with respect to the EAW or EIS. The Planning Commission may make its recommendations to the Council on the Preliminary Plat, the variance and the easement vacation, but final action by the Council must be subject to the condition that the project will not have final approval,and no permit for the project will be issued, until the requirements of the law relating to the EAW are met. 10. Existing Declaration of Restrictions. The owner has requested the termination of that certain Declaration of Restrictions dated December 29, 1994, in favor of the City, recorded as Document No. 2847959. I drafted and recorded that document at the time of the previous plat approval so that the developer could not separately convey and divide any of the lots created in that plat until the developer had submitted and the City had approved a reciprocal easement agreement of the DORSEY & WHITNEY PEto"ssIDNwL Ln rr D LrA ILZTT PA8 ERSHIP Planning Commission January 24, 1996 Page 4 type referred to in paragraph 2 above to create all the necessary easements for the benefit of those lots. That document will not be necessary for the City's protection if the land is replatted, and it can be terminated at the same time a new plat is filed. 11. Title. We will need to be provided with information regarding the title to all of the property included in the plat and all of the property which will be subject to the reciprocal easement agreement and the Pond Maintenance Agreement. If the owner or owners have reasonably current title insurance policies, copies of the title insurance policy or policies would suffice. 12. City Expenses. The plat and the final resolution approving the plat should not be signed by the City and delivered to the owner until all fees, including the City's engineering fees and legal fees, are paid. If you have any further questions on this, please let me know. Very tr yours, William R. Soth WRS:ms cc: Mr. Michael J. Mornson Ms. Kim Moore-Sykes CITY OF ST. ANTHONY NOTICE OF HEARING EASEMENT VACATION Notice is hereby given that the St. Anthony City Council has received a request by Ste. Marie Company, owners of Apache Plaza, to vacate certain public easements for the Apache Plaza property. Such easements are in a Quit Claim Deed dated the 11th day of February, 1963. The descriptions of the easements to be vacated as well as a map showing the easements are available for inspection at City Hall, 3301 Silver Lake Road, St. Anthony, Minnesota, Monday through Friday, 8:00 A.M. to 4:30 P.M. The public hearing regarding the vacation of the public easements will be held on Tuesday, February 13, 1996 in the Community Center Building, 3301 Silver Lake Road, St. Anthony, Minnesota. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Michael Mornson City Manager Publish: St. Anthony Bulletin January 31, 1996 CITY OF ST. ANTHONY RESOLUTION 96-015 A RESOLUTION APPROVING VACATING ROAD EASEMENTS WITHIN PROPERTY KNOWN AS APACHE PLAZA IN THE CITY OF ST. ANTHONY WHEREAS, the owners of the Apache Plaza property in the City of St. Anthony, Ste. Marie Company, have requested vacation of certain public easements on said property in the redevelopment of that property; and WHEREAS, the City Council of the City of St. Anthony desires the redevelopment of Apache Plaza property to take place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony that the road easements legally described on the attached Exhibit 1 are hereby declared and ordered vacated and discontinued and that the City Clerk be directed to prepare and present to the proper county offices notice of said vacation. Adopted this day of , 1996 Mayor ATTEST: City Clerk Reviewed for administration: City Manager LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANS BUILDING SAINT PAUL,MINNESOTA 55101 TELEPHONE (612) 223-6600 FACSIMILE (612) 223-6460 MINNEAPOLIS OFFICE 2400 1 WRITER'S DIRECT DIAL NUMBER January 17, 1996 MINNEAPOLIS D `VMINNESOTA 66402 TELEPHONE(012)334-8400 (612) 223-6636 FACSIMILE(612)334-8960 VIA MESSENGER Michael J. Mornson City of St . Anthony Village 3301 Silver Lake Road St . Anthony, MN 55418-1699 Subject : Ste. Marie Company Apache Plaza Vacation of Easements Please consider this the application of our ,client, Ste. Marie Company, to vacate those certain easements in favor of the Village of St . Anthony described in a Quit Claim Deed dated February 11, 1963, recorded in the office of the Ramsey County Recorder as Document No. 1584191 . A photocopy of the original recorded Quit Claim Deed is enclosed. The legal descriptions of the easements are set forth in the Deed. I also enclose a site plan showing the location of these easements . In addition, we also request the termination/vacation of that certain Declaration of Restrictions dated December 29, 1994, in favor of the City of St . Anthony, recorded as Document No. 2847959, relating to the prior platting by Apache Plaza Ltd. I enclose a photocopy of the recorded Declaration. I am not sure whether the procedure for terminating/vacating this document and the rights thereunder are the same as for the vacation of public easements. Nevertheless, to be on the safe side, we request this be treated in the same manner as an easement vacation. Of course, if you and Bill Soth decide a hearing is not necessary under the City code and ordinances, perhaps it can be handled by a simple City Council resolution. Please make such postings and publications and give such notices as are required under the City' s ordinances to accomplish these vacations and/or terminations . We would like this matter to be resolved as soon as possible, but in any event no later than final plat approval for the new Silver Lake Center plat . BRIGGS AND MORGAN Michael J. Mornson January 17, 1996 Page 2 Thank you for your help. If you need any additional information, or if you have any questions about our application, please let me know. (0 David G. G ni DGG/jep Enclosure CC: Mary Rothchild William Soth (w/enc. ) Bruce Miller 2847959 r DECLARATION OF RESTRICTIONS THIS DECLARATION is made and executed as of December.19 1994,by APACHE PLAZA LTr)., a Minnesota limited partnership ("Apache"), as owner of the real property hereinafter described, for the benefit of the CITY OF ST. ANTHONY, a municipal corporation ander the laws of the State of Minnesota (the "City"). A. Apache is the fee owner of the real property krwted in the City of St. Anthony,County of Ramsey, State of Minnesota,lc,;elly described as fo!lows (the "Property"): Lots 1,2,3 and 4,Block 1,APACHE PLAZA STH AL::::T'ION,accurdi::b- to the recorded plat thereof, Ramsey County, Minnesota. B. As a condition to the City's approval of the plat of APACHE PLAZA 5TH ADDITION (the "Plat"), the City has required that a reciprocal easement agreement("LEA") in form reasonably acceptable to the City be executed by all T owners and mortgagees of all of the lots in the plat (the "Lots") to provide for access, 0� parking,party walls and other sh-L:_„i rights,obligations and facilities involved in d the use,operation and maintenance of an integrated shopping center on the land included within the Plat. MC. Apache wishes to file the Plat prior to negotiation and completion of V the REA and approval of the REA by the City. D. The City is willing to approve and sibi. Jae Plat and permit it to be recorded prior to the execution and recording of the REA only if this Declaration of Restrictions is executed and recorded together with the Plat. E Apache has agreed to retain all of the Lots in single ownership until the REA is recorded and this Declaration is terminated, in order that all of the Lots will be treated as one parcel for purposes of the applicable building and zoning ordinances of the City and in order that the property lines between the Lots will be disregarded for purposes of the City's setback,building and zoning ordinances until the REA is recorded and this Declaration is terminated. NOW,THEREFORE, Apache for itself and its successors and assigns, hereby declares that the Property shall be held, transferred,sold,conveyed and occupied s:.bject to the following restrictive covenants: 0 OG 1. Until the REA is recorded and this Declaration is terminated by a written termination executed by the City, all of the Lots shall be included in any com•evance or mortgage of any of the Lots, and no part of the Property shall be ' Vii' 2^, ;' {' ,:a i- ,i:�;' ik: ..,i►11!1, _i f.t:'..�;� ii:'la'llp�J'�! il�lli� ( X. �:� of .. �6'7 'r''".. 1 294795.9 "eparately conveyed or mortgaged without the prior written consent of the City, as approved by the City Council. 2. The restrictive covenants herein contained shall operate as covenants i unning :with the title to the Property and shall be enforceable by the City. The City shall have the right to sue for and obtain an inunction, prohibitive or mandatory, to prevent the breach of the covenants herein contained, or to take any other action to enforce the performance•or ooservance of the restrictive covenants herein set forth. 3. Thesc restrictive covenants shall inure only to the City and its successors and assigns. Any modification, amendment, terminaiiu-: .-; -alease of the restrictions herein contained may be made pursuant to a document executed by only the City and then fee owner of the Property. IN WITNESS WHEREOF, The undersigned have caused this instrument to be executed as of the day and year first above written. APACHE PLAZA LTD. q•! Rein Associates Co., Its General Partner 0010 By Roman Brandis Its President tb. F^ ss 2 f:. %P_ i 777-7i ' t _• 2847959 • rw 2 w STATE OF MINNESOTA ) )ss- COUNTY ss.COUNTY OF HENNEPDZ ) The foregoing instrument was acknowledged before me this day of December, 1994,by Roman Brandis, the President of Rein Associates Co., a Minnesota corporation, as the General Partner of Apache Plaza LTD., a Mirinesuta limited partnership, on behalf of the partnership. Y7/:ju/.rJC •:�.•%� rlwwf ��f �//�� J,Y � ) Ir rn rn ;,I♦ �40�f' M• — .. 11.6 JS Notary PU hHf -T 03 F►1 9�1 d•;- �i:c 30 5 IN TO THIS INSTRUMENT WAS DRAFTED BY: 11�P .TY ` DORSEY do WHITNEY MRS) 2200 First Bank Place East Minneapolis, MN 55402 14•x••. 3 "i" Y\�7�`I:Ty :. i:' a_ •I' (, }I• r y m m •+vos w.i..a news tm,,w. �� � I — i Existing Easemente per Doc. No. 158419 cross hatching indicates those to be vacated. ;,- 04- m F ---------� Co f 'r I I I I •' ro I I I I I Cl 1---- -----__--__— — I 39TH AVE HE r---- � J97H AVENUE HE I v I I c'ry I I I r�- -- I I �� I I �'• I r--- Fe I 4 G �, I I oYr 5 ' I w o d l I <n L I � I I _ c I Ez=====------------------ -=_=_= =-==1 CARIE RAILROAD J I All VNEAPOUS SAUL T SM .— - — 0 mo e0 30 0 — o N aeesan w�ppa d &&Kmrfe cmvmw Bmmmmt V--d,� say ro /1 �:`-! • �\, . . FOR ERCz".�^cm• •-� S THIS •Made this s 11th daof February, � 1963, between FIRS: APACHE REA.LTy ?ROGRIi., a l tedartn partnership, P, of the County of Hennepin and State of Minnesota E—A' •,1 , Party of the first Part, andVILLAGE 0ST. ANTHONY, a municipal cor- poration undo: the-la:vs of the•State of ILinnesata, party of the second part . . ' . . r: , • ' k'ITNESSE—.1, That the said y part of- the first part, in , ! -consideration of the sum of One Dollar - C ($1.00) to it in hard ; paid by the said party of the second part, the receipt whereof � Is hereby acknowledged, does hereby Grant, Bargain, Quitelair.., :q n and Convey unto the said party of the second part, its sue- '' .+ a cessors and assigns, Forever, all of. the ea. 3 r :• � •. • easements for under- ground utilities lying {� w ? ng and bean 8 in Section 31, Township 30 a i Range 23; in the Count of Y Ramsey and State of Minnesota, des- cribed cribeas follows, to-wit: r. a �4,=;�.._•i -- -y., -A strip of land lying between the building lire of ,►,- the building kro;n as A t �,_� :'{ '`=• - herein, and a line also Apache Plaza as follows::.... 3 beginning at a point on the South lire of and 1021 feet east of the Southwest corner of the Southwest Quarter (S:•! 1/4) of said Section; thence North on a i�..•..� line parallel to the West I line of said Southwest Quarter (SW 1/t:) a distance of 700 feet; thence east ••i at an angle to the right of po ,to the actual g 9 a distance of said feet � point of beginning to describe said building line which point is also the South.:est edrner of said building known as Apache Plaza; thence • North on a line parallel to said West line, which is also the 'West building line of said building, a dis- tance of 900 feet; thence east at an angle to the ' i right of 90 degrees a dista ceQr fg iOUth a$ @n endl@ to 81e �i�ht Of9C�pde�;ruesad tes S - tance•of 625 feet; thence east at an angle to the left of 90 degrees a distance of 50 feet; thence south at an anile to the right of 90 degrees a � •.. } i. distance of 275 feet; thence west at an angle to the •� right of 90 dezrees a distance of } - •r' actual-point of beginning; .�5o feet to the A. ENTERED IN TRANSFER REWRO and a line described as •`. ; beginning aL a pv ,�L 25 ::tt cf and 25 Pn�t 1 i west of said Southwest corner of said building; �,• thence 27orth on a line parallel to said 'Meat line V� a distance of 950 feet; thence east at an angle to the right of 90 degrees a distance of 550 feet; i � thence south at an angle to the right of 90 degree;, ' a distance of 273 feet; thence east at an anile to the left of 90 deZrcea a distance or 25 feet; thence I { south at an angle to the right of 90 degrees a dis- Lance of 352 feet; thence east at an angle to the +�_ � ! left or 90 degrees a distance of 25 rec.t; thence south at an angle to the right or 90 degrees a dis- 1 , tanbe of 325 feet; thence West at. an angle to the right of 90 degrees a distance. of 600 feet to the :_.... point of beginning. {. .: , A strip of land lying between the following two , • , ; described lines: a straight line drawn between a # ' point on the East line of and 1321 feet north of r ' ' I the Southeast corner of the Southwest Quarter (Sw 1/4) of said Section, and a point on -the-building line on and 248 feet south of the Northeast corner of the ' �' - buildinp, known as Apache Plaza; and a straight line • drawn between a point on said East line and 1288 '^ feet North of said Southeast corner and a point on °.�� said building line and 325 feet south of said Nort:�- .-, ; east corner of said building, except the west 50 feet tthereof, and except an existing utility easenent, and except Silver Lake Road. . a A strip of land 100 feet wide the centerline of which a is described as follows: beginning ata oint on 'he East line of the Southwest Quarter (SW 1/41) of said w Section, and also on the centerline, extended west, of 39th Avenue N. E. (formerly Sunset Lane), thence_ .west on said centerline extended. of 39th Avenue N. Z. -..., 'a distance of 160 feet and there terr,.inating; except an existing utility easement; and also except Silver Lake Road. �4L r A strip of land 20 feet wide the centerline of which �=� •: is desc:'bed as follo.:s: beginning at a point on t e East line of the West 1021 feet of the Southwest Quarter (SSd 1/4) of said Section, and 1068 feet North of the South line of said Southwest Quarter (SW 1/4), i measured along said East line; thence east on a line _; ' parallel to the centerline extended east of 39th Avenue N. E. to a point 25 feet West of the West building line of the building known as Apache Plaza, and there terminating. i A strip of land 20 feet wide the centerline of which is described as f9l ows'. beginning at a point on the ' East line of and gg4•25 fact Irortil of the Southeast I • : ' corner of the Southwest Quarter (Sad 1/4) of said Section; thence West to a point 17 feet east of and • �� ' 14.75 feet south of the Southeast corner of the build- Ing known as ..Apache Plaza which is the actual point of (:� ! beginning; -thence. southwesterly at an angle to the* left 2. Ls j :� c.• 0 �. of 53 301.a distance of 29-( feet; thence westerly at anangle to the right of 45 degrees• a distance .i of 645 feet, more or less West 1021 feet of said So , uthwest and there terrinating,and (S4! 1/4), ' • A strip of land �• Iles North ofd 3514eet wide of which 20,25 feet ' Iles 75 feet lies south of the fol- nG described lire:r beginning e of and 6 4• c g at a Point on the East lin2�9 feet north of i the Southeast corner of the Southfrest � ` Section• Quarter ( /4 of said tt:ence 41e:.t to a point 17 feet east of and kno 14.75 south of the Southeast corner of the building ; t, ,,, '• therlWest 8pfeet thereofache Plaza nd there terminating, except t. + •?' utility easement , and also except an existing , and also except Silver Lake Road. ` ti A strip of land 20 feet wide the centerline of which ? is described as follot:s: beginning gr � + East line of the Southwest at a Dint on the q Section. Quarter (SW l�) of said _ 587 feet North of the centerline of . • C'�\. Avenueet.to.a(forme rly Sunset Lane); thence Weh st . g _ne poi 295 feet north of the North • ' buildin l+ uildin CU measured at right ani 6 known as Apache Plaza at g tiles to said building line; thence I�;•� tancesouthwesterly0ee an angle to the left of 270 30' a dis- ;, t Lake Road. feet and there terminating; P Silver g; except w A strip of land 20 feet aide the centerline of which �• u• is described as beginning at a point 443 feet west oT the East line of the Southwest Quarter (SW 1/4) � In said Section, and on a line which runs gest 729 feet from a 't, _ Pont on said 'East lire Of the centerline of 39th Avenue N. Ed7 feet north Sunset- Lane), t (formerly �•la o , to a pont 295 feet north of the North •�'. building line of the buildinZ known as Apache Plaza, measured at right angles to said building said centerline of said easement to be described f • • '-' _•. south at right a - 1 a distance of angles to said described East-'rJest line ' 75 feet and there terminating. ! A strip of land 20 feet wide the ce is described as begini:irl* nte_line of which the East line of the Southwest Quirt 94 feet west of T : said Section, and on a line whicharuns rter WastSW l 2) feet a from a point on said East line 7 9 feet centerline of 587 Peet north of I 39th Avenue N. E. forr„erly Sunset Lane)' to s point 295 feet north of theNorth ' "• / of the building known as Apache h building line right angles to said building lineaza, measured at ' i line of said easement to be describedhruns said center- line angles to said described East_�,fes.r's south at �i :r tance of 50 feet and there terminating; exceetaSilver . Lake Road. �� ; • ' 'm HAVE AND 2n HOLD iriE SAi`/.E, Together the g er with all the hereditaaents and appurtenances thereunto belonging or anywise appertaining, to the said party of the second part, c .� 'its successors and assigns, Forever. 1. ;.•;�.;.•;'• ; ' IN TESTIMONY 4hrr;Rr^AF, The said party of the first part '•.U' ! - ` has hereunto 'set its hand the 'day and year first above written. - :.FIRST APACHE REALTY PROGRAM, A Limited Partnership ' -BY: APACHE CORPORATION f 1:t, (a gener 1 partner) i •. 41( Ctairr.3n of the Boara a3 _ 1• By Secretary Y� STATE OF NiIMNESOTA ss ; i1 COUNTY OF FMNNEPIN; �r _ On. this 1/ day. of February, 1963, before me, a Notary Public within and for said County, personally appeared E TRUIr d E. ANDERSON and ROBERT L-. HENRETTA, to me personally d :•�1� known, who, being each by me duly sworn, did say that they are respectively the Chai=an of the Board and Secretary of`Apache '• •-� ' ; ' . Corporation, the corporation named in the foregoing instrument, which said corporati^n is a General Partner of First Apache t ` Realty Program, a Limited Partnership, also named in the fore— j "`S o, going instrument; that the seal affixed to the foregoing instru •_ . i went is the corporate seal of said corporatiol:; that said � . instrument was signed and sealed in behalf of said corporation ; ! ' by authority of its Board of Directors; and that said TRU` E. ANDERSON and ROBERT L. IMNR.'•MA acknowledged said instrument to be the free act and deed of said corporation on behalf of and as , the free act.and deed of said Limited Partnership. NO j Pu lie ,L,:-L 1_ ur comi►G&ZL; o0.a isa •1 . L! }t } �� . — : _ STAFF REPORT DATE: January 30, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Side Yard Setback Variance Request for Lot 7 -- Apache Plaza Shopping Center Mall BACKGROUND: The Ste. Marie Corporation has submitted a sideyard setback variance request for the existing mall building on the newly created Lot 7, Apache Plaza. The subdivision of land is intended create several commercial lots which will provide redevelopment opportunities to SuperValu and other potential retailers. The J.C.Penney's portion of the existing mall and the health club will be demolished to allow for the construction of a Cub Foods store. The remaining north portion of the mall will be situated on the newly created property line between Lot 7 and Lot 1. According to the City Zoning Ordinance, Section 1635.05, Subd. 5, interior side yards of commercial buildings are required to be 10 feet in width. ANALYSIS: In a letter submitted to the City by Jack Amdal, KKE Architects, there are several issues that are particular to Apache Plaza as it currently exists and which are creating redevelopment hardships that has necessitated Ste. Marie Corporation's request for a side yard setback variance of 10 feet. These issues include: 1. Ste. Marie Corporation needs to deal with a deteriorating and obsolete shopping center mall which requires significant redevelopment and restructuring activities to bring it to its best and reasonable use as a commercial property. 2. A portion of the mall must remain intact because there are a number of existing leases that run for the next several years. In order to accommodate these tenants and SuperValu's interest in building a Cub Food store, Ste. Marie Corporation proposes to leave most of the mall standing. 3. For the safety of the occupants, the structural integrity of the central mall must be maintained. In allowing a side yard set back variance at the renovated north end, the need to restructure the existing roofing system and structure will be eliminated. Also, an emergency exit, which is required by the Uniform Building Code and public restrooms will not be eliminated and access to the mall from the west will remain useable. The granting of a side yard variance for Lot 7 allows for the reasonable use and continued accessibility of the remaining mall, while also enabling planned redevelopment plans for the whole property to move forward. Duane Grace submitted a report to the City upon reviewing plans for the proposed partial demolition of norther portion of the existing mall involving the old J.C.Penney's store. In his report, Mr. Grace advised the City that according to the Uniform Building Code, a zero-lot line for the remaining mall building will be acceptable provided that 1.) a two- hour (2) fire rated area separation wall be constructed to replace that wall that is removed and that this wall be continued at right angles to the east and west of the exterior of the Cub Foods store for an additional five (5) feet in each direction; 2.) 60 feet of open area be maintained around Cub Foods store-and the remaining portion of the existing mall as is required, with the exception of northern wall; and 3.) that both buildings will maintain a fully automatic fire suppression systems. RECOMMENDATION: Staff recommends that the Planning Commission recommends approval of the 10 foot side yard variance request made by Ste. Marie Corporation. If the variance is granted, it will not alter the essential character of the property or locality. The variance request was made for the purpose of enhancing the redevelopment of the property to return it to its reasonable and best use. Because the Ste. Marie Corporation acquired this property through the deed in lieu of foreclosure, they did not create the hardship that has caused them to request the side yard variance. While redeveloping this property is in their economic best interest, they also want to maintain most of the existing building to accommodate existing tenants. Granting the variance and allowing a phased redevelopment is also in the best economic interest of the remaining tenants. JAN.-09'Qfi (TUE) 12:30 CITY OF ST. ANTHON TEL:612 781 9323 P. 001 Post-It`Fax Note 7671 Date papes� To Fro --a 112affeAd Ico t. • co. Fee: /UU . Oo fto @ Phone A7 y g'8 (R-1............$ 60.00 Fra _ g FaxOther.........$100.00) VI i T ur ST. ANTHONY Petition for Variance Applicant: Ste. Marie Company 601 Second Ave-' S. (MP�P1802) Address: Minneai)olis, MN 55402 Phone: (612). 973-2141 Status of applicant (owner, buyer. renter, agent, etc.): owner Street address and/or legal description of property petitioned for variance: 3800 Silver Lake Road, St. Anthony Zoning district in which property is located: Commercial Request: Zero lot line (see attached) Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this,request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a more inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would corre extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Signature of Applicant r' O 1 Duane C. Grace--Building Official City of Saint Anthony,Minnesota 4375 McMenemy Street Vadnals Heights,Minnesota 55127-6003 Phone -490-0142 'Building Official Fax. 490=7 9 27 December 1995 Mr. Larry Kamer- City of Saint Anthony,MN Mr, Jack Amdal, AIA-Vice President,KKE Architects Re; Super Value store -•Apache Shopping Center,; Gentlemen; A few comment based upon our meeting of this afternoon,between we three regarding the above project. The present plans are to subdivide the property,creating one lot' for the new Super Value store and one lot for the present Mall.building, after removing a portion of the northerly end of the present building. Plans at this time are to remove eVerything from the most northerly end of the structure down to the South wall of the J.C. Penny store. Other lots would be created on this large site,but they do not affect these two structures for purposes of these comments. The Super Value store willbe construoted with 60 ft. of open area all around the structure and a fully automatic fire suppressions systeiri iri:order to qualify for the unlimited area options of the present Mjrinesota State.Building Code: Future plans are to expand the building by some over 12,000 sq. ft. and inn-a Southerly direction,thereby taking up this 60 ft. of open space. The present Mall building, ager the demolition to the northerly portion will be requesting a variance for a zero lot line configuration on the North line. The balance of the building will have the required 60 fti all around:with the'=fully automatic fire suppression system, No plans at this time have requested;aii opening between the two parcels of land. We stated that the renovation of the present Mall should include a TWO-hour(2)area separation wall to be constructed oii that portion of the northerly*all of the renovated Mall building, that is at right angles to the tatt west ekterior walls of the Super Value store. This wall need to include an extension of it miiumum of Five feet beybnd those points of termination of the southerly portions ofthe east west walls of the Super Value store, at the northerly wall of the Niall, This wall needs to conform td the requirements of UBC Section 504.6,. I have no problem with the request.for a.variance.to the zoning ordinance to create this zero lot line configuration. P O 2 27 December IM Mr. Larry Hamer- City of Saint.Anthony Page 2 of 2itges. Mr. Jack Amdahl -AIA --KK.B Architects. Re: Apache Plaza and propo ed renovation of the existing mall structure and additldh of a free standing Super Value Store,.` r. This will allow the Super Value store..to.be constructed as presently planned, and at a later date, to be connected to the mall structure via connection to that area separatioh wall,providing that the code requirements have not been modified or changed in the mean time. What ever code is in effect at the time of permit regtiest for that additional will be the rules to be followed at that date. Please note that the area separation wall requires a little 8pe'di61 design when used as a bearing wall, as well-as performing the.fiuictj.dn of a''area sdbaration" 'wall. They dre required to separate the builft iiito:soparate buildings: In some cases it may iequire building two (2) -2 hr.walls;to:satisfy:those requirements. Any questions please contact me, uanG C�ace _ Building Official. STAFF REPORT DATE: January 30, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Comprehensive Sign Package for Apache Plaza BACKGROUND: The Ste. Marie Corporation, owner of the Apache Plaza Shopping Center has submitted plans to the City of St. Anthony that is virtually the same as the Comprehensive Sign Plan that was originally submitted in November, 1994. The difference between this proposed sign package and the one that the Planning Commission recommended for approval in 1994 is that Ste. Marie Corporation and OPUS are proposing to have up to five (5) ground signs. A ground sign is being requested for lots 2, 3, 4, 5 and 6. A drawing of the proposed ground signs is included in this packet. By submitting a comprehensive sign package, exceptions to the regulations of the sign ordinance may be permitted. The purpose of providing this exception is to recognize that because of the size of the current mall and the proposed redevelopment of additional retail areas, i.e. Cub Foods, the size and number of signs will be greater than is allowed by the City's Sign Ordinance. This exception also gives the Planning Commission and the City Council the flexibility that enables them to look at the overall concept and make exceptions to the ordinance. 01/26/96 18:31 FAX 612 930 5850 SUPER VALG I.NC 002/002 Double Face Panaflex Identification Pylon. W/ Secondary Sin , r O r r i O M ' 101 - 41/2,► 1014 1 � 0 ro i 6 6'! m11, �a;ilti y: 4:t'0iM►1.64,N.^1Q� •• O I IA . SIGN MANUFACTURER LLCUB COORpINATOR 3,,0,,,�+• 101;0„ (414)458-4394 OPuS COMPREHENSIVE SIGN PLAN FOR APACHE PLAZA We are requesting as part of the redevelopment of Apache Plaza that the following be considered as part of the approved comprehensive sign package: ONE SHOPPING CENTER PYLON SIGN: The proposed Shopping Center Pylon Sign will have a height of 42 feet and a width of 16 feet as highlighted on the attached drawing. The proposed signage area will be 414 square feet per side. The pylon sign will include the Apache Plaza shopping center name as well as up to five retailers. The location of this sign will be on the northeast corner of Lot 4 as identified on the site plan. The size and signage specifications for this pylon sign are virtually identical to that which was approved back in November 1994. CUB FOODS PYLON SIGN: The Cub Foods pylon sign specifications will be the same as those approved by the City on November 1994 except for the sign's location. The location of this pylon sign will be on the northeast corner of Lot 2. GROUND (MONUMENT) SIGNS: We are requesting up to five (5) ground signs,one each for Lots 2, 3,4, 5 and 6. These signs will be located within the property boundaries of each lot. The proposed size of these signs is up to fifteen(15) feet in height and twelve (12) feet in width. The maximum signage area allowed per side will be 112 square feet. A proposed drawing of this sign has been attached. �Lsus 18o5F CUB FOODS BUILDING SIGNAGE: s8 X 12- The zThe Cub,Foods exterior.building or wall sign package will be the same as that package approved .by the City on November 1994. BUILDING SIGNAGE FOR ALL OTHER FACILITIES / TENANTS: All exterior building or wall signage for the shopping center, including Lots 3,4,5 and 7 (other than those signs already in place or previously approved by the City) will comply fully with the City's current sign ordinances. Any deviations for these signs will require a sign variance granted by the City. fro 1_Gd APACHE -..,- PLA.ZN TENANT TENANT n TENANT 0 TENANT Itn TENANT 01 o � fill o i Illlp . 1 if PYLON SIGN APACHE PLAZA �2i.Q11 TENANT o SIGNAGE th U. Liz PAD SITE GROUND SIGN VA.° _ � I- oil APACHE PLAZA Hononsky[rant Hrickson i me"co"or ws pow As wos powwows Architects.lnc. ism" --onoroc&f."or,ne.r wn c.owr ow -. J sponssrti rr sr 1 s a"rodr..e Mahar 300 First Avenue North ubnorrssaerewroa Dam L Minneapoib,MN 55401 Oro non no, csoarssr 612/339.4200 Strad of FAX 342-9267 City Council Regular Meeting Minutes November 22, 1994 Page 10 (, 1 f. Comprehensive Signage for Apache Plaza, V' 2 Commissioner Franzese reported that the Planning Commission expressed 3 unanimous approval of the comprehensive sign package presented by Dennis 4 Cavanaugh, C. G. Rein Co., for Apache Plaza. 5 Dennis Cavanaugh, C. G. Rein Co., reported that the existing pylon sign for 6 Apache Plaza was erected in 1961. Since two new stores are moving into the 7 mall, it is time to update the pylon sign. He presented an exhibit of the proposed 8 pylon sign. The proposed sign will be 414 square feet per side. The height will 9 be 42 feet and the width 16 feet. The existing pylon sign is 440 square feet. The 10 pylon sign will include Apache Plaza, CUB Foods, Knox Lumber,Herbergers, 11 SAV Liquor and a vacant space. The sign is constructed of steel and wrapped 12 aluminum. The faces are constructed of Lexon and plastic and the names will be 13 painted on the face. CUB Food Store is also proposing a monument sign at the 14 south entrance of the center, from Silver Lake Road. This sign will be 15 feet 15 long and 12 feet wide. Herbergers is proposing a monument sign at the north 16 entrance of the center. Apache Plaza is anticipating development of a fast food 17 restaurant to the north of Tires Plus and is requesting a future monument sign to 18 the south end of the center, from Silver Lake Road. Knox Lumber is also 19 requesting a monument sign to the north of Silver Lake Road,towards the middle 20 of the center. This sign will be 8 feet tall and 9 feet wide. 21 Motion by Fleming, second by Marks to approve comprehensive signage package 22 for Apache Plaza as presented by Dennis Cavanaugh, C. G.Rein Co.based on a 23 review of title easements by City Attorney and the plat subject to satisfactory 24 reviewal items and no permit for construction for any part of the project will be 25 issued,the project will not have final approval, and the project will not be 26 commenced until the requirements of Minnesota Statutes, Section 116D.04, Subd. 27 2b have been met. 28 29 Motion carried unanimously. 30 In response to Franzese, City Attorney Soth reported that the petition can be 31 withdrawn anytime before it is considered by the City Council. The petition is 32 scheduled to be considered by the City Council in one week, on November 29, 33 1994. 34 Richard Hehr, Real Estate Representative for Payless Cashways, Inc. (Knox), 35 stated that he is excited to be a part of this project. He stated that the new 36 prototype store will set a tone for the redevelopment of Apache Plaza. He 37 reported that the new Knox building design is "user-friendly" and is a project the 38 City of St. Anthony and it's citizens will be proud of.