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HomeMy WebLinkAbout86-69 - ADMIN Resolution - City Council - 1986/06/02RESOLUTION NO. R6_ A RESOLUTION RESCINDING RESOLUTION NO. 85-221 ADOPTED ON DECEMBER 16, 1985, RESCINDING RESOLUTION NO. 84-55 ADOPTED ON MAY 7, 1984, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-123.100(2) AND 14-156(17) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW THE CONSTRUCTION OF A CLASS Iw RESTAURANT AND TO AMEND THE APPROVED GRADING PLAN FOR PROPERTY LOCATED IN THE B-2, GENERAL BUSINESS DISTRICT; F-1, FLOODWAY DISTRICT AND F-2, FLOODPLAIN DISTRICT AT 8700 HIGHWAY 7 FIN DINGS WHEREAS, Charles B. Koehler & M. Joanne Koehler and Arthur M. Lohmann (Brauer and Associates, Ltd. and Servlite, Inc.) has made application to the City Council for a special permit under Section 14-123.100(2) and 14-156(17) of the St. Louis Park Ordinance Code to allow grading and filling of property and the construction of a Class Iw restaurant at 8700 Highway 7 within a B-2, General Business District; F-1, Floodway District; and F- 2, Floodplain District, having the following legal description: Tract X, except that part thereof lying Easterly of a line drawn parallel with and disitant 130 feet Westerly of a line erected perpendicular to the Northerly line of said Tract X, from a point on said Northerly line distant 268.76 feet Westerly from the most Northerly corner of said Tract X as measured along said Northerly line: Registered Land Survey No. 1058, files of the Registrar of Titles, Hennepin County, Minnesota (Torrens Certificate No. 650113 & 650114) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 84 -30 -SP, 85 -82 -SP, and 86 -25 -SP) and the effect of the proposed grading and filling and construction of a Class Iw restaurant 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. 85-221 of the St. Louis Park City Council dated December 16, 1985, 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. 85-221 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-221 (Resolution No. 85- 221 not filed; Resolution No. 84-55 filed as Document No. 1582494) is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting grading and filling within the B-2, General Business District; F-1, Floodway District; and F-2, Floodplain District, District at the location described above based on the following conditions: 1. The site shall be graded in accordance with Exhibit A - Grading Plan. (Exhibit is on file in the City Development Department at ,the City of St. Louis Park.) 2. The drainage outfall pipe from the detention pond to the creek shall be angled to the south and the applicant shall seek a 20 foot easement from the City to accommodate this drainage. 3. The applicant shall provide an easement to the City adequate to support the maintenance of the utilities on the northeastern portion of the site. 4. Any structure built on the site shall have Ili floor elevation of 905.8 feet or more. 5. That grading and drainage plans certified by, a Registered Land Survey be sumitted to the City upon completion of the work to determine if the work has been completed in accordance with the approved special permit. 6. The applicant, property owner, and their successors and assigns are responsible to maintain the site in accordance with the approved plan and must submit a plan to the City which adequately and legally provides such maintenance prior to commencing any drainage or grading work. 7. All improvements shall be completed by October 30, 1984. Following completion of grading, all bare earth shall be seeded with perennial grasses and all erosion control devices shall be maintained until such time as a permanent grass cover has been established. 8. That a Class Iw restaurant be permitted on the site subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit B - Site Plan; Exhibit C - Grading/Utility Plan (which amends Exhibit A in Condition No. 1); Exhibit D - Planting Plan; Exhibit E - Elevations; and Exhibit F - Floor Plan for general purposes to show the net and gross floor areas and the provisions for inside storage of trash. b. That the net seating area contain no more than 1,224 square feet or the public line-up service area contain no more than 188 square feet to insure compliance with the Zoning Ordinance. c. That a park be dedicated to the City extending a minimum of 15 feet easterly of the outer edge of Minnehaha Creek as shown on Exhibit B. Said dedication to be made prior to issuance of a construction permit. d. 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. e. That the two free standing signs be no higher than 25 feet and conform to the requirements of the sign oridnance. f. There shall be no outside storage of trash or trash containers. g. That all curbing shall be concrete poured in place measuring at least 6 inches above and below the grade. h. That erosion control facilities be installed along the west side of the property through construction to protect Minnehaha Creek. i. That the entire area west of the parking lot except for the open water area be finished, graded, sodded and maintained thereafter. j. That three street trees be planted each on 37th Street and along the south property line measuring at least 21 inches in diameter, measured one foot off the ground at the time of planting. k. That crosswalk markings be painted in the drive -up lane at and between the curb cuts near the main entry. 1. That a stop sign be installed on the south end of the crosswalk. m. That additional signage be installed prohibiting stopping in the crosswalk area except for pick-up. n. That all rooftop equipment be screened in accordance with City requirements. o. That an easement be provided to the City if the City determines that a sidewalk is necessary. p. That all improvements including building, parking, bike rack, landscaping, pedestrian way, and other improvements as shown on the Site Plan as modifed by those conditions be completed by October 15, 1987. Adopted by the City Council June 2, 1986 Reviewed for administration: �.,.. cam[ ity Manager G) xi„,_L- Approved as to form and legality: 1 c_ Zity Attorney