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HomeMy WebLinkAbout87-69 - ADMIN Resolution - City Council - 1987/06/15RESOLUTION NO. 87-69 A RESOLUTION RESCINDING RESOLUTION NO. 85-223 ADOPTED ON DECEMBER 16, 1985, RESCINDING RESOLUTION NO. 84-81 ADOPTED ON JUNE 4, 1984, RESCINDING RESOLUTION NO. 6943 ADOPTED ON SEPTEMBER 8, 1981 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF AN OFFICE, PROCESSING AND WAREHOUSE ADDITION ON PROPERTY LOCATED IN THE DDD, DIVERSIFIED DEVELOPMENT DISTRICT, AT 5320-5330 WEST 23RD STREET FINDINGS WHEREAS, the Delmark Company, Incorporated and the City of St. Louis Park (Sandoz Nutrition Corp) have made application to the City Council for a special permit under Section 14-124 of the St. Louis Park Ordinance Code to allow construction of an office, processing and warehouse addition at 5320-5330 West 23rd Street within a DDD, Diversified Development District having the following legal description: Lots 1 and 2, Block 1, DELMARK'S 1ST ADDITION, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota, and Tracts A and B, REGISTERED LAND SURVEY NO. 493, Files of the Registrar of Titles, Hennepin County, Minnesota, Except that part of the easterly 50.00 feet of Tract A which lies Southerly of the Southerly line of Tract C and its Westerly extension, and Except that part of Tracts A and B lying Easterly and Southerly of a line described as beginning at a point in the South line of said Tract B, distant 443.30 feet Easterly, as measured along said South line from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East 298.84 feet to the intersection with a line parallel with and 242.50 feet Southerly of the Southerly right-of-way line of the Great Northern Railroad right- of-way; thence North 73 degrees 08 minutes East along the last said parallel line to the Easterly line of Tract C in REGISTERED LAND SURVEY NO. 493 and there terminating and Except that part of said Tract A lying within the recorded plat of DELMARK'S 1ST ADDITION. (For purposes of this description the West line of said Tract A is assumed to bear due North and South), and The Southeasterly 30.00 feet of Tract C, REGISTERED LAND SURVEY NO. 493, Files of the Registrar of Titles, Hennepin County, Minnesota, (as measured at right angles to and parellel with the southeasterly line of said Tract C), and That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the point of intersection of the Southerly right- of-way line of the Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; thence Southerly along the Westerly right-of-way line of said Highway 377.6 feet; thence Westerly parallel with the Southerly right-of-way line of said railway company, 135.00 feet to the point of beginning; thence continuing westerly along said parallel line 5.00 feet; thence northerly at right angles, 330.00 feet to the southerly right-of-way line of said railway company; thence Easterly along said Southerly right-of-way line, 5.00 feet; thence Southerly 330.00 feet to the point of beginning, and That part of the Northwest Quarter of the Northwest Quarter (NW 1 of NW i) of Section 31, Township 29, Range 24 and that part of the Northeast Quarter of the Northeast Quarter (NE i of NE 1) of Section 9, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at the most Westerly corner of DELMARK'S 1ST ADDITION, according to the recorded ,plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota; thence Southeasterly along the Southwesterly line of said DELMARK'S 1ST ADDITION, a distance of 80.00 feet to the Northwesterly line of Tract A, REGISTERED LAND SURVEY NO. 493, Files of the Registrar of Titles, Hennepin County, Minnesota; thence Southwesterly along said Northwesterly line of Tract A and its Southwesterly extension, a distance of 700.00 feet; thence Northwesterly at a right angle, a distance of 80.00 feet; thence Northeasterly, a distance of 700.00 feet to the point of beginning, and That part of Government Lot 1 and that part of the North Half of Government Lot 4, Section 9, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of the North Half of said Government Lot 4; thence West along the South line of said North Half of Government Lot 4, a distance of 900.00 feet; thence North and parallel with the East line of Section 9 to a point distant 150.00 feet Southeasterly measured at right angles from the centerline between two main tracks of the railway of the Great Northern Railway Company as now located across said Government Lot 1 and the North Half of Government Lot 4; thence Northeasterly parallel with said centerline and 150.00 feet distant therefrom to the East line of said Government Lot 1; thence South along the East line of said Government Lot 1 and the East line of said Government Lot 4 to the point beginning, and — Lots 1 and 2, Block 1, RIDGE ADDITION, Hennepin County, Minnesota i (Abstract and Torrens) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 81 -50 -SP, 84 -46 -SP, 85 -81 -SP, and 87 -40 -SP) and the effect of the proposed office, processing and warehouse addition 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. 85-223 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. 85-223 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. 85-223 (Document not filed; Resolution No. 84-81 filed as Document No. 4900221) is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting office, processing and warehouse addition within the DDD, Diversified Development District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan and Exhibit B - Elevation Plan. (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. All improvements, including the warehouse addition and landscaping as shown on Exhibits A and B shall be completed.by May 15, 1981. 3. That an expansion consisting of a warehouse, 'spray tower, administrative building, mixing and packaging building, and a mechanical/maintenance building are hereby allowed subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit C - Site Plan; Exhibit D - Composite Elevations; Exhibit E - Planting Plan; and Exhibit F - Site Layout. b. Acceptance of the scored burnished block on the south wall on Building No. 10 is for an interim period only, and said wall shall be improved with a brick facade unless expansion to the south commences on or before May 1, 1986. c. That there be no rooftop equipment on the drying tower and that other rooftop equipment be screened as shown on the plans. d. That all improvements including landscaping, parking, buildings, and other features as shown on Exhibits C, D, E and F be completed by May 15, 1983. 4. The new office, processing and warehouse addition be constructed in accordance with Exhibits G - Area Plan; Exhibit H - Utility Plan; Exhibit I - Landscape Plan; and Exhibits J, K and L - Elevation Plans, subject to the following conditions: a. Use and the improvements of the temporary lot located on the south side of west 23rd Street is temporary extending until October 15, 1988. b. The applicant and the applicant's successors and assigns agree to cooperate with the City in the implementation of an improved drainage plan for the site and area. c. All improvements including building, landscaping, curbing and other elements shown on the exhibits shall be completed by October 15, 1985. 5. The site be developed, used and maintained in accordance with Exhibit M - Site Plan with respect to providing a new driveway which shall be completed by May 15, 1986. 6. That the liquid storage facility containing approximately 14,000 square feet be permitted in accordance with Exhibit N - Site Plan; Exhibit 0 - Elevation Plan; and Exhibit P - Floor Plan, subject to the following: a. That the exterior on the south elevation be brick and that the brick on the east elevation be allowed to be delayed until May 15, 1991. Adopted by the City Council June 15, 1987 Mayor ATTEST: City Clerk Reviewed for administration: Approved as to form and execution: City Manager City Attorney 9. Condition 8a above is hereby modified as shown on Exhibit C - New East Side Elevation, and in addition a bay area and window, similar to that shown on the east side of the building, is hereby allowed to be constructed on the north side of the building as shown on Exhibit D - North Side Elevation. 4600 - 4630 Excelsior Boulevard (The conditions which follow provide for the requsted modification and consolidation of the special permits - Case No. 87 -43 -SP): 10. That modifications to the restaurant at 4600 Excelsior Boulevard (formerly Maggie's Pizza) be permitted in accordance with Exhibit E - Floor Plan permitting 1,905 net square feet for retail use and Exhibit F - Elevations; modifications to the existing liquor store and Timothy O'Toole's (4606-4630 Excelsior Boulevard) be permitted in accordance with Exhibit G - Floor Plan permitting 3,893 net square feet of floor area for a Class I restaurant; and modifications to 4600, 4606 and 4630 Excelsior Boulevard be permitted in accordance with Exhibit H - Site Layout with respect to parking and trash only; except as modified by the following: a. That the Planned Unit Development District and Site Plan for the special ermit referred to in Condition No. 5 is hereby identified as Exhibit I - General PUD Plan, Site Plan and Special Permit Plan. b. The property at 4600 Excelsior Boulevard (formerly Maggie's Pizza) be used for off -sale liquor or other retail purposes and be maintained in accordance with Exhibit A-1 (formerly referred to as Exhibit A in Condition No. 1) c. Conditions 2 and 4 are hereby deleted. d. Condition 8b is hereby amended to read, "That the net floor area of Jennings Red Coach Inn at 4630 Excelsior Boulevard shall not exceed 4,412 net square feet of floor area for a Class I restaurant." e. The exterior modifications including new doors, new windows, closing of existing doors and windows be accomplished using the same architecture of the building. f. There be no outdoor storage of trash or trash facilities on the restaurant sites at 4606 and 4630 Excelsior Boulevard. e. That a certificate of occupancy for the new restaurant or expansion of the existing restaurant not be issued until such time that all other special permit conditions have been complied with. f. Signage shall be provided in accordance with current Sign Ordinance requirements. g. That all improvements including buildings, modifications, landscaping and striping, be completed on or before October 15, 1987 ATTEST: a_ i _ , , , A _ , , ) Reviewed for administration: Adopted by the City Council June 15, 1987 Approved as to form and execution: c 41 CONCLUSION , NOW THEREFORE BE IT RESOLVED that Resolution No. 6467 (document not filed) and Resolution No. 7390 (filed as Document No. 4807436) are hereby rescinded and replaced by this resolution which, continues and amends two special permits to the subject properties for the purposes of permitting an off -sale liquor store at 4600 Excelsior Boulevard and modifications to two Class I restaurants at 4606-4630 Excelsior Boulevard within the PUD, Planned Unit Development District at the location described above based on the following conditions: 4600 Excelsior Boulevard i 1. That the site be used, and maintained in accordance with Exhibit A 1 2. The square feet in public and non-public area not be altered. I 3. The applicant and its !successors and assigns agree to pay their prorata share of any publicly assigned parking spaces. 4. On -sale wine shall be the only intoxicating liquor allowed to be sold on the premises, and the net floor area shall not exceed 3,000 square feet and the gross floor area 3,125 square feet. 4606-4630 Excelsior Boulevard: 5. That the site be developed, used and maintained in accordance with the overall general plan for the Planned Unit Development District and site plan for the special permit. 6. That ten parking spaces in the municipal parking lot now assigned to Lot 7, Block 3, Minikanda Vista 2nd Addition, be transferred to the subject property. 7. That the site be surfaced and striped in accordance with the City requirements and that other landscaping,, exterior modifications and curbing -be completed no later than July 15, 1977, except for work otherwise covered on the plans. 8. That remodeling of the interior restaurant/bar area and the exterior south and east walls be permitted subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit A - Street Side and Parking Side Elevation, and Exhibit B - Floor Plan, which is to be used to identify', net and gross floor area, except as modified by the following conditions: b. That the net floor area of Jennings Red Coach Inn not exceed 5,634 square feet. c. That the applicant agree to work and cooperate with City staff on a municipal parking ramp and facility if built in the immediate vicinity which benefits the subject property. d. That all trash be stored in the trash area which shall be made a complete enclosed part of the building no later than October 15, 1984. e. That all improvements including the exterior wall entry area and trash enclosure be completed by October 15, 1984. 9. Condition 8a above is hereby modified as shown on Exhibit C - New East Side Elevation, and in addition a bay area and window, similar to that shown on the east side of the building, is hereby allowed to be constructed on the north side of the building as shown on Exhibit D - North Side Elevation. 4600 - 4630 Excelsior Boulevard (The conditions which follow provide for the requsted modification and consolidation of the special permits - Case No. 87 -43 -SP): 10. That modifications to the restaurant at 4600 Excelsior Boulevard (formerly Maggie's Pizza) be permitted in accordance with Exhibit E - Floor Plan permitting 1,905 net square feet for retail use and Exhibit F - Elevations; modifications to the existing liquor store and Timothy O'Toole's (4606-4630 Excelsior Boulevard) be permitted in accordance with Exhibit G - Floor Plan permitting 3,893 net square feet of floor area for a Class I restaurant; and modifications to 4600, 4606 and 4630 Excelsior Boulevard be permitted in accordance with Exhibit H - Site Layout with respect to parking and trash only; except as modified by the following: a. That the Planned Unit Development District and Site Plan for the special ermit referred to in Condition No. 5 is hereby identified as Exhibit I - General PUD Plan, Site Plan and Special Permit Plan. b. The property at 4600 Excelsior Boulevard (formerly Maggie's Pizza) be used for off -sale liquor or other retail purposes and be maintained in accordance with Exhibit A-1 (formerly referred to as Exhibit A in Condition No. 1) c. Conditions 2 and 4 are hereby deleted. d. Condition 8b is hereby amended to read, "That the net floor area of Jennings Red Coach Inn at 4630 Excelsior Boulevard shall not exceed 4,412 net square feet of floor area for a Class I restaurant." e. The exterior modifications including new doors, new windows, closing of existing doors and windows be accomplished using the same architecture of the building. f. There be no outdoor storage of trash or trash facilities on the restaurant sites at 4606 and 4630 Excelsior Boulevard. e. That a certificate of occupancy for the new restaurant or expansion of the existing restaurant not be issued until such time that all other special permit conditions have been complied with. f. Signage shall be provided in accordance with current Sign Ordinance requirements. g. That all improvements including buildings, modifications, landscaping and striping, be completed on or before October 15, 1987 ATTEST: I 1 Reviewed for administration: 1 Adopted by the City Council June 15, 1987 or Approved as to form and execution: