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Home My WebLink About88-45 - ADMIN Resolution - City Council - 1988/05/02i'- 4 0.4 q 1141.4118 RESOLUTION NO. 88-45 A RESOLUTION GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF RETAIL STORES AND OFFICE SPACE FOR PROPERTY ZONED PUD, PLANNED UNIT DEVELOPMENT DISTRICT, LOCATED AT 3900 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Welsh Companies has made application to the City Council for a special permit under Section 14-124.101 of the St. Louis Park Ordinance Code for the purpose of constructing retail stores and office space within a PUD, Planned Unit Development District, located at 3900 Excelsior Boulevard for the legal description as follows, to -wit: Lots Three (3), Four (4), Five (5), Seven (7), Eight (8), Nine (9), Ten (10), and Eleven (11), Block Five (5), Minikanda Oaks That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) Section Six (6), Township Twenty-eight (28), Range Twenty-four (24), according to United States Government Survey thereof, described as follows: Commencing at a point on the Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota," according to the recorded plat thereof, which is distant Fifty (50) feet, at right angles from the centerline of Excelsior Avenue; thence Southwesterly parallel with said centerline of Excelsior Avenue Thirty (30) feet; thence Northwesterly at right angles to Excelsior Avenue One Hundred Ninety (190) feet to a point on the centerline of Greeley Avenue extended southerly; thence at an angle of forty-eight degrees seventeen minutes to the right Ninety-seven (97) feet along said extended centerline to the Southwesterly line of said "Minikanda Oaks, Hennepin County, Minnesota"; thence Southeasterly Two Hundred Fifty- eight and 4/10 (258.4) feet, along last mentioned line, to beginning; and That part of the Northeast One -Quarter of the Southeast One -Quarter (NE 1/4 SE 1/4) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth -Principal -M-eridian, -described-as follows: -Commenci-ng -at a point on the Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota," which point is fifty (50) feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of Thirty (30) feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue a distance of One Hundred Ninety (190) feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of One Hundred Forty (140) feet; thence southeasterly along a line drawn at right angles to Excelsior Avenue a distance of One Hundred Ninety (190) feet to a point Fifty (50) feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline One Hundred Forty (140) feet to the actual point of beginning, according to the U.S. Government Survey thereof. (Also to be known as Lot 1, Block 1, Park Edge Addition, upon City approval of the final plat - Case No. 88-10-S) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 87 -87 -SP) and the effect of the proposed retail stores and office space 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. 3. The Council has determined that the proposed retail stores and office space 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 retail stores and office space is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Conclusion The special permit to permit the construction of retail stores and office space at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Final General PUD Plans and special permit Exhibit Al - Site Plan; Exhibit A2 - Elevation; Exhibit A3 - Elevation; Exhibit A4 - Floor Plan for general purposes only; Exhibit L1 - Landscape Plan; Exhibit LT1 - Lighting Plan for general purposes; Exhibit C1 - Grading, Drainage and Utility Plan; and Exhibit D - Sign Policy, with no more than 426 square feet of total sign area; except as modified by the following: 2. Exhibit D - Sign Policy is hereby modified as follows: a. Under the section titled GENERAL, the method of lighting is the only item critical to the policy from --the--City's_ standpoint. b. Under SIGN CRITERIA - EXTERIOR SIGNAGE, Item 1 is critical from the City's standpoint; Item 3 is, in general, out of proportion to the maximum total square feet allowed, and therefore, most signs will not be able to use the maximum heights specified; and Item 5 is not allowed because the maximum height is 30 inches. c. Under CENTER IDENTIFICATION SIGNS, the maximum height (to the top of the highest element) is 25 feet for the free standing sign. d. Under SIGN APPROVALS - PROCEDURES FOR OBTAINING APPROVALS FOR SIGN DRAWINGS, the total sign area for all signs including the free -standing sign is 426 square feet. 3. The uses are limited to the following: a. General Retail - 10,000-24,000 sq. ft. b. Office - 0-2,500 sq. ft. 1 4 c. Take Out Food (not a restaurant & no on -sale liquor) - 4,000-9,000 sq. ft. 1) Up to two take-out food services (not a restaurant) may be permitted provided no one establishment contains more than 4,500 square feet. The take-out food services may have eating areas of up to 300 square feet and 200 square feet, respectively. 2) Accessory Uses - Up to four small restaurants are permitted as accessory uses to any of the following uses: bakery, candy store, ice cream store, delicatessen, grocery store, drug store and dry goods store, provided no single small restaurant area shall have more than 200 square feet nor more than 30% of the specific tenant space, herein, identified to which the small restaurant is an accessory use. 3. The trail connection adjacent to Building No. 2 shall be a minimum of 8 feet wide. 4. The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. 5. There shall be no outdoor storage of trash or trash containers. 6. The trash and recycling rooms shall be designed to provide for a trash compactor and adequate storage for trash and recycling consistent with the approved uses. 7. Prior to issuance of a construction permit, an appropriate pedestrian easement shall be dedicated to the City, if not accomplished under the subdivision process. 8. All parking lots and parking lot islands shall be delineated by poured -in-place concrete curbing measuring six inches above and below grade. 9. All street trees shall be a minimum of 3-32 inches in diameter measured one foot off the ground at the time of planting. 10. Only those uses specified in the Final General PUD Plan shall be permitted to occupy any of the space on the site. There shall be no outdoor consumption of food or drink. 11. No rooftop or grounded satellite dishes shall be permitted, and all transformers shall be removed from the pedestrian way and be landscaped. 12. There shall be no-advert+stng on the bene-hes-located-ad-jaeent to -the ewalkk. 13. All outdoor lighting shall be no higher than 25 feet off the ground and all rays shall be directed perpendicular to the ground. The foot candles shall not be greater than the foot candles on the public right-of-way on Excelsior Boulevard. 14. All improvements including buildings, landscaping, trail, sidewalk, curbing, parking lot, striping, and all other elements shown on the approved exhibits shall be completed by May 15, 1989. Adopted by the City Council May 2, 1988 ATTEST: iy Cle g41644) Reviewed for administration: cf. 8-U-A4-4.A.ter- ty Manager Cit torney Approved as to form and execution: