Loading...
HomeMy WebLinkAbout85-128 - ADMIN Resolution - City Council - 1985/09/03Replacement RESOLUTION NO. 85-128 A RESOLUTION RESCINDING RESOLUTION NO. 85-82 ADOPTED ON JUNE 17, 1985 AND GRANTING PERMIT UNDER SECTION 14-195 OF THE ZONING ORDINANCE AMENDING THE GENERAL SITE PLAN FOR SHELARD PARK AND TO PERMIT A CURB CUT ON THE NORTH SIDE OF BETTY CROCKER DRIVE (RENAMED SHELARD PARKWAY EFFECTIVE NOVEMBER 1, 1985), 156 FEET EAST OF THE WEST LINE OF LOT 2, BLOCK 3 SHELARD PARK. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings `� WHEREAS, Wallace E. Freeman has made application to the City Council for a special permit under Section 14-195 of the St. Louis Park Ordinance Code for the purpose of constructing a curb cut located at the north side of Betty Crocker Drive (renamed Shelard Parkway effective November 1, 1985), 156 feet east of the west line of Lot 2, Block 3 Shelard Park. WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 85 -24 -SP) and the effect of the proposed curb cut, as controlled, limited and restricted by the Use Restriction Agreement specified below and by Conditions 1 through 10, 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and WHEREAS, the City Council has issued a special permit regarding the subject property pursuant to Resolution No. 85-82 dated June 17, 1985 which contained conditions applicable to said property; and WHEREAS, the applicant has proposed entering into a Use Restriction Agreement with the City of St. Louis Park in lieu of an agreement between the Cities of Plymouth and St. Louis Park, requiring a rescission of the previous resolution; and WHEREAS, the Council has determined that the curb cut, as controlled, limited and restricted by the Use Restriction Agreement specified above and by Conditions 1 through 10 and as protected by the special permit and a contractual agreement, will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed curb cut is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, and WHEREAS, the granting of this special use permit is contingent upon Wallace E. Freeman, Elaine L. Freeman, and Freeman Building Corporation entering into a Use Restriction Agreement with the City of St. Louis Park. Said agreement, to be in a form approved by the City, shall (1) limit the use of the curb cut to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of Lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition"; (2) limit the use to commercial development not to exceed 90,000 square feet of gross floor area including all buildings; and (3) prohibit all vehicular access from abutting property to the east through said property except for emergency vehicles as permited in Condition No. 9. rnnelusinn NOW THEREFORE BE IT RESOLVED that Resolution No. 85-82 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purpose of permitting a curb cut at the location described above based on the following conditions: 1. The curb cut be located 156 feet east of the west lot line of Lot 2, Block 3 Shelard Park. 2. The width of the curb cut shall be no greater than 25 feet measured at the north line of the right-of-way. 3. The design shall meet the City's specifications as contained in Exhibit A. (Exhibit is on file in the City Development Department at the City of St. Louis Park.) 14 4. The use of the curb cut is limited to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of Lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition." 5. The use is limited to a commercial development not to exceed 90,000 square feet of gross floor area including all buildings. Any deviation from this shall constitute a violation of the approval, shall void the special permit, and shall be cause for removal of the curb cut at the expense of the applicant. The City agrees to give written notice to the applicant or its successors and assigns of violation of the special permit. Failure to comply with all terms of the special permit voids the special permit and is cause for removal of the curb cut at the expense of the applicant. 6. The application and the approval with the signing of the assent form by the applicant constitute the applicant's concurrence to pay its fair share cost of all street improvement costs along the roadway, signal design and improvement at Ford Road or Nathan Lane should they be required, or other costs related to the,"future of the street. 7. The applicant recognizes and concurs there is to be no onstreet parking on Shelard Parkway. 8. . The applicant concurs that the approval in no way serves as a basis for additional curb cuts or other approvals in connection with use of the street by development outside the City limits and recognizes that the City of St. Louis Park has the right to eliminate, modify or require the relocation of said curb cut. 9. A covenant shall be placed on the property which restricts access and limits access to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of Lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition" (Tract C) by way of the covenant and a total physical barrier shall be constructed along the entire boundary separating said area from abutting property (Tracts A and B from Tract C) and maintained thereafter by the applicant and the applicant's successors and assigns. Said covenant shall include the City, Wallace E. and Elaine Freeman, Freeman Building Company, and Shelard Development Company as parties to the covenant and said covenant shall be filed prior to the City of St. Louis Park's issuing the construction permit for the curb cut. Said barrier shall prohibit automotive movement across the barrier at all points and shall be no less than 2 feet high and 1 foot wide and shall be continuously maintained thereafter. A fixed barrier for emergency access may be constructed provided the use and design is limited to emergency vehicles only. Revision, modification or failure to maintain the barrier(s) or any other action which allows traffic from abutting property (either Tract A or B) to or into said area described in Condition No. 4 (Tract C) shall void the special permit and be cause for removal of the curb cut at the expense of the applicant. 10. That an appropriate crosswalk be provided from the south side of Betty Crocker Drive (renamed Shelard Parkway effective November 1, 1985) to the north side near the driveway. ATTEST: Via j City Clerk / t Reviewed for administration: §41 0,;ity Manager -7 Adopted by the City Council September 3, 1985 Approved as to form and legality: G City #ttorney Replacement RESOLUTION NO. 85-128 A RESOLUTION RESCINDING RESOLUTION NO. 85-82 ADOPTED ON JUNE 17, 1985 AND GRANTING PERMIT UNDER SECTION 14-195 OF THE ZONING ORDINANCE AMENDING THE GENERAL SITE PLAN FOR SHELARD PARK AND TO PERMIT A CURB CUT ON THE NORTH SIDE OF BETTY CROCKER DRIVE (RENAMED SHELARD PARKWAY EFFECTIVE NOVEMBER 1, 1985), 156 FEET EAST OF THE WEST LINE OF LOT 2, BLOCK 3 SHELARD PARK. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings WHEREAS, Wallace E. Freeman has made application to the City Council for a special permit under Section 14-195 of the St. Louis Park Ordinance Code for the purpose of constructing a curb cut located at the north side of Betty Crocker Drive (renamed Shelard Parkway effective November 1, 1985), 156 feet east of the west line of Lot 2, Block 3 Shelard Park. WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 85 -24 -SP) and the effect of the proposed curb cut, as controlled, limited and restricted by the Use Restriction Agreement specified below and by Conditions 1 through 10, on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of propetties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and WHEREAS, the City Council has issued a special permit regarding the subject property pursuant to Resolution No. 85-82 dated June 17, 1985 which contained conditions applicable to said property; and WHEREAS, the applicant has proposed entering into a Use Restriction Agreement with the City of St. Louis Park in lieu of an agreement between the Cities of Plymouth and St. Louis Park, requiring a rescission of the previous resolution; and WHEREAS, the Council has determined that the curb cut, as controlled, limited and restricted by the Use Restriction Agreement specified above and by Conditions i through 10 and as protected by the special permit and a contractual agreement, will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed curb cut is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, and WHEREAS, the granting of this special use permit is contingent upon Wallace E. Freeman, Elaine L. Freeman, and Freeman Building Corporation entering into a Use Restriction Agreement with the City of St. Louis Park. Said agreement, to be in a form approved by the City, shall (1) limit the use of the curb cut to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of Lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition"; (2) limit the use to commercial development not to exceed 90,000 square feet of gross floor area including all buildings; and (3) prohibit all vehicular access from abutting property to the east through said property except for emergency vehicles as permited in Condition No. 9. Conclusion NOW THEREFORE BE IT RESOLVED that Resolution No. 85-82 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purpose of permitting a curb cut at the location described above based on the following conditions: 1. The curb cut be located 156 feet east of the west lot line of Lot 2, Block 3 Shelard Park. 2. The width of the curb cut shall be no greater than 25 feet measured at the north line of the right-of-way. 3. The design shall meet the City's specifications as contained in Exhibit A. (Exhibit is on file in the City Development Department at the City of St. Louis Park.) it 4. The use of the curb cut is limited to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of Lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition." 5. The use is limited to a commercial development not to exceed 90,000 square feet of gross floor area including all buildings. Any deviation from this shall constitute a violation of the approval, shall void the special permit, and shall be cause for removal of the curb cut at the expense of the applicant. The City agrees to give written notice to the applicant or its successors and assigns of violation of the special permit. Failure to comply with all terms of the special permit voids the special permit and is cause for removal of the curb cut at the expense of the applicant. 6. The application and the approval with the signing of the assent form by the applicant constitute the applicant's concurrence to pay its fair share cost of all street improvement costs along the roadway, signal design and improvement at Ford Road or Nathan Lane should they be required, or other costs related to the future of the street. 7. The applicant recognizes and concurs there is to be no onstreet parking on Shelard Parkway. 8. The applicant concurs that the approval in no way serves as a basis for additional curb cuts or other approvals in connection with use of the -treet by development outside the City limits and recognizes that the City of St. Louis Park has the right to eliminate, modify or require the relocation of said curb cut. 9. A covenant shall be placed on the property which restricts access and limits access to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of Lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition" (Tract C) by way of the covenant and a total physical barrier shall be constructed along the entire boundary separating said area from abutting property (Tracts A and B from Tract C) and maintained thereafter by the applicant and the applicant's successors and assigns. Said covenant shall include the City, Wallace E. and Elaine Freeman, Freeman Building Company, and Shelard Development Company as parties to the covenant and said covenant shall be filed prior to the City of St. Louis Park's issuing the construction permit for the curb cut. Said barrier shall prohibit automotive movement across the barrier at all points and shall be no less than 2 feet high and 1 foot wide and shall be continuously maintained thereafter. A fixed barrier for emergency access may be constructed provided the use and design is limited to emergency vehicles only. Revision, modification or failure to maintain the barrier(s) or any other action which allows traffic from abutting property (either Tract A or B) to or into said area described in Condition No. 4 (Tract C) shall void the special permit and be cause for removal of the curb cut at the expense of the applicant. 10. That an appropriate crosswalk be provided from the south side of Betty Crocker Drive 6 (renamed Shelard Parkway effective November 1, 1985) to the north side near the driveway. ATTEST: City Clfrk6l Reviewed for administration: Adopted by the City Council September 3, 1985 4 W. )L,-4, M or Approved as to form and legality: City ttorney RESOLUTION N0. 85-129 RESOLUTION ORDERING IMPROVEMIENT, ORDERING PREPARATION OF PLANS, SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT NO. 85-28 WATER14AIN - EAST FRONTAGE ROAD - TH 100 FROM WEST 26TH STREET TO PARKWOODS ROAD BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Pursuant to Council direction a preliminary report has been prepared for the improvement designated in this resolution. 2. The Council being fully advised of the pertinent facts, the improve- ment is ordered to be constructed, in accordance with the description in the preliminary engineering report. 3. The Director of Public Works shall prepare plans and specifications for the making of the improvement. 4. The clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin, an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, and shall specify the date and time at which bids will be opened by the City Clerk and City Manager in the Council Chambers in the City Hall. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for five percent of the amount of such bid. 5. The bids shall be tabulated by the Director of Public Works who shall report his tabulation and recommendation to the City Council. Adopted by the City Council September 3, 1985 WW: City Clerk / 0 Reviewed for administration: Approved as to form and legality: L4tymmaan-&a�ger-��•�City Worney