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HomeMy WebLinkAbout84-32 - ADMIN Resolution - City Council - 1984/03/19R,�,& �54,144- RESOLUTION NO. 84-32 . A RESOLUTION RESCINDING RESOLUTION NO. 6699 ADOPTED ON NOVEMBER 3, 1980 AND GRANTING PERMIT UNDER SECTIONS 14-156 AND 14-123.100(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A DRIVE-IN FACILITY AT 3670 AQUILA AVENUE AND A CLASS IV RESTAURANT AT 3650 AQUILA AVENUE FOR PROPERTY LOCATED IN THE B-2, GENERAL BUSINESS DISTRICT, AND F-2, FLOODPLAIN DISTRICT WHEREAS, Minnesota Teacher's Realty Corporation (Burger King, Midwest Federal, and General Growth Corporation) has made application to the City Council for a special permit under Sections 14-156 and 14-123.100(2) of the St. Louis Park Ordinance Code to allow a drive-in facility at 3670 Aquila and a Class IV Restaurant at 3650 Aquila Avenue for property located in the B-2, General Business, and F-2, Floodplain Districts, having the following legal description: Lots 1 and 2, Block 1, Knollwood Mall First Addition (Torrens) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 80 -39 -SP and 84 -2 -SP) and the effect of the proposed a drive-in facility at 3670 Aquila and a Class IV Restaurant at 3650 Aquila Avenue 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 special permit was issued regarding the subject property pursuant to Resolution No. 6699 of the St. Louis Park City Council dated November 3, 1980 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 6699, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; NOW THEREFORE BE IT RESOLVED that Resolution No. 6699 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a drive-in facility at 3670 Aquila and a Class IV Restaurant at 3650 Aquila Avenue at the location described above based on the following conditions: 1. That drive-in and commercial facilities be permitted at 3670 Aquila Avenue (Midwest Federal) subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit E, Site Plan; Exhibit F, Building Elevations; Exhibit G, Landscape Plan; and Exhibit H, Utility Plan and except as modified by the Condition 2 below (Exhibits on file in the offices of City Development, City Hall) b. There shall be no outdoor storage of trash or other materials. C. All lighting shall be directed perpendicular to the ground and away from the surrounding properties and rights of way. d. There should be adequate provision for landscape watering. e. All construction shall meet the architectural control standard for the Target-Knollwood area. f. That all construction and improvements to the site be completed by October 15, 1981. 2. That a Class IV Restaurant be permitted at 3650 Aquila Avenue subject to the following conditions: a. The site be developed, used and maintained in accordance with the following exhibits: Exhibit I, Site Plan; Exhibit J, Landscape Plan; Exhibit K, Floor Plan; and Exhibit L, Elevation Plan except as modified by the following. (Exhibits on file in the offices of City Development, City Hall) b. That the parking stalls in front of the trash door be always available for public parking except at the time of trash pick up. C. That all outdoor lighting be no higher than 25 feet and be directed perpendicular to the ground so no direct rays extend beyond the property. d. That one free standing name plate sign no higher than 25 feet and containing a sign area no greater than 100 feet per face with at least a 20 feet setback be permitted. Total aggregate sign area shall not exceed 350 square feet. e. That no left turn signage be placed on the driveway on Aquila. f. That the applicant, Minnesota Teachers, and General Growth agree that the City has the right to close the median on Aquila at the driveway to the subject property without concurrence or award to the applicant, Minnesota Teachers, General Growth or their successors and/or assigns. g. That the drainage be accomplished in accordance with the requirements of the City engineer. h. That approval by the City does not obligate the City to make new provisions for access to the property nor to take action to correct problems on this property or property adjacent to the subject property. i. The applicant has stated it will clean the area of litter and has offered for inclusion in the special permit the following condition which is hereby included as a condition: That the applicant will provide a clean-up activity three times a day on their property and on adjoining property (including the Creek) bounded by Aquila, 37th Street, and Minnehaha Creek. Such clean up would be conducted between 8 and 9 a.m., between 2 and 3 p.m., and between 8 and 9 p.m. j. That all improvements including building, parking, bike rack, landscaping, pedestrian way, sprinkler system, and ther improvements as shown on the Site Plan (as modified by these conditions) be completed by November 15, 1984. Adopted by the City Council March 19, 1984 Vv Magbr ATTEST: City Clerk Reviewed for administration: Approved as to form and legality: ity Manager City ttorney