HomeMy WebLinkAboutPUD 1 - Amendment 3 East Willow WoodsCITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AMENDMENT NUMBER 3 TO
PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR
EAST WILLOW WOODS
Developer: Clifford L. Otten
Applicant: Harvest Moon Natural Food Co-op
THIS AGREEMENT made and entered in this day of , 20 , by
and between the City of Orono, a municipal corporation organized under the laws of the State of
Minnesota (hereinafter called "City"); and Clifford L. Otten and Louise W. Otten, husband and wife,
their heirs, successors and assigns (hereinafter collectively called the "Developer"); and Harvest Moon
Natural Food Co-op, its successors and assigns (hereinafter called "Applicant").
WITNESSETH:
WHEREAS, the Developer entered into an Agreement dated April 23, 1990 (hereinafter called
"Agreement") to develop East Willow Woods as a Planned Unit Development on all the terms and
conditions set forth in that certain Agreement. The Agreement was recorded with the Hennepin
County Recorder's Office on October 26, 1990 as Document No. 2132695; and
WHEREAS, in 1998 the Developer requested and the City approved an amendment to the
Agreement (hereinafter "Amendment I") to allow for the construction of entrance monuments, a
loading dock, and a greenhouse addition adjacent to the existing principal structure. Amendment 1 is
dated October 12, 1998: and was recorded with the Hennepin County Recorder's Office on
as Document No. ; and
WHEREAS, in 2003 the Developer requested and the City approved a further amendment to
the Agreement (hereinafter "Amendment 2") to allow for the construction of an additional greenhouse
roof section adjacent to the principal building and the greenhouse. Amendment 2 is dated
, 2003, and will be simultaneously recorded with this Amendment; and
WHEREAS, the Applicant is requesting a third Amendment to the Agreement (hereinafter
"Amendment 3") to occupy the western 9,800 square feet of the existing commercial building on the
Property with a retail grocery store and other ancillary commercial uses, and to allow a minor
expansion of the exterior envelope of the building to allow grocery cart storage within the western
vestibule area; and
WHEREAS, the Applicant is further requesting a variance to allow 132 parking spaces, where
183 spaces are required to serve the defined uses on the Property; and
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WHEREAS, the City Council has granted approval for such Amendment 3, after a public
hearing and consideration and recommendation by City staff and the Planning Commission,
NOW, THEREFORE, in consideration of the premises, and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. Property Description: Property description for Amendment 3 is the same as that for
the Agreement.
2. Zoning: Property continues to be zoned as a Planned Unit Development under the
Orono planned unit development ordinance with underlying B-6 zoning.
3. Permitted Uses: Amendment 3 allows retail food sales not exceeding 9,800 square feet
as a permitted use on the Property. Ancillary retail sales shall also be permitted, but shall not occupy
or utilize more than ten percent (10%) of the retail food operations square footage.
4. Variance: Applicant is allowed to proceed with the proposed site plan whereby 132
onsite parking spaces will be available.
5. Site Access: The site access to Lot 1 via Willow Drive will be studied at the time
Willow Drive is reconstructed by the City. However, site access to Lot 1 may be studied before the
reconstruction of Willow Drive if traffic or site access problems are encountered earlier. Such study
shall be performed by a consultant mutually acceptable to the City and the Developer, and the City and
Developer shall be guided by the recommendations of the consultant.
6. Buildin2 Design and Construction: Building design and construction of the retail
grocery store in Amendment 3 shall be constructed according to the plans on file with the City of
Orono. Specifically, the Developer and Applicant shall submit a detailed plan illustrating all exterior
lighting and signage, as well as illustrating the minor expansion of the enclosed vestibule for grocery
cart storage. Grocery carts shall not be stored in the exterior portion of the building but shall be stored
inside the building or within the enclosed vestibule. No amplified or electronically enhanced sounds
shall be allowed on the exterior portion of the building. No exterior storage or sales associated with
the retail grocery operation shall be allowed on the Property.
7. Hours of Operation: The retail grocery store and ancillary commercial operations
shall be limited to 6:00 a.m. to 11:00 p.m. seven days a week.
8. Suns: The signs and signage shall not be changed from the requirements of the
Agreement.
9. Compliance: The obligations of compliance in the Agreement are extended to include
this Amendment 3.
10. Binding Effect: The binding effect of the Agreement is extended to include this
Amendment 3.
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11. Notices: The notice provisions of the Agreement are extended to include this
Amendment 3.
12. Incorporation by Reference: The plans, specifications and contracts for the
improvements in the Agreement and for this Amendment 3 are made part of this Amendment 3.
13. Disclaimer by City: The Disclaimer in the Agreement is extended to this Amendment
3.
14. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the
Agreement is extended to this Amendment 3.
15. Remedy for Default: The Remedy for default in the Agreement is extended to this
Amendment 3.
16. Controlling Agreement: The terms of this Amendment 3 will first control its reading,
and it shall be read together with the terms of the Agreement. These two documents shall control to
the extent that there is any difference or ambiguity between them and other agreements between the
City and the Developer.
IN WITNESS WHEREOF, the City and Developer have caused this Amendment 3 to be duly
executed and to become effective on the day and year first above written.
In Presence of: CITY OF ORONO
BY•
It Mayor
BY: r G
Its by Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The fo going instrument, was acknowledged before me this day of r` ,
20�, by and by � t- , respectively the
Mayor and Citj Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
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In Presence of:
Reviewed for Administration:
Dated:
STATE OF MINNESOTA )
( SS.
COUNTY OF HENNEPIN )
DEVEL PER:
/Z
CIAW. otted
Louise W. Otten
The foregoing instrument was acknowledged before me thisAll
day of
20q, by Clifford L. Otten and Louise W. Otten, husband and wife, the Developer.
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148495v] Page 4 of 5
In Presence of:
Reviewed for Administration:
Dated:
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
APPLICANT:
HARVEST MOON NATURAL
FOOD CO-OP
BY: c
Its
The foregoing instrument was acknowledged before me this j �� rday of /�Jc� �'►^ 't-
20 _, by �J jn in l i < < 3i the GDO I i CC, c� + of Harvest Moon
Natural Food Co-op, on its behalf, the Applicant.
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DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
SMM
n
K ry
Notary Public
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