Loading...
HomeMy WebLinkAbout88-79 - ADMIN Resolution - City Council - 1988/07/051 cee- /e0a, el -lc -0 RESOLUTION NO. 88-79 A RESOLUTION RESCINDING RESOLUTION NO. 7318 ADOPTED ON January 17, 1983, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A RETAIL SHOPPING CENTER WITH RESTAURANTS AT 5105 WEST 35TH STREET AND 5100 WEST 36TH STREET FINDINGS WHEREAS, KK Corporation has made application to the City Council for a special permit under Section 14-124.101 of the St. Louis Park Ordinance Code to allow a retail shopping center with restaurants at 5105 West 35th Street and 5100 West 36th Street within a PUD, Planned Unit Development District having the following legal description: Lots 2 and 3, Block 3, Belt Line Industrial Park (Abstract) WHEREAS the City Council has considered the advice and recommendation of the Planning Commission (Case No. 82 -91 -SP and 88 -6 -SP and the effect of the proposed retail shopping center with restaurants 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. 7318 of the St. Louis Park City Council dated January 17, 1983 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. 7318 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resolution; CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 7318 (filed as Document No. 4780780 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting retail shopping center with restaurants within the PUD, Planned Unit Development District District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A - Site Plan, Sheet PA1; Exhibit B - Concept Grading/Utility, Sheet PA3, except as modified by Public Works; Exhibit C - Landscape Plan, Sheet PA4, Exhibit D - Elevations, Building 2, Sheet PA6, and Exhibit E - Elevations, Building 1, Sheet PA7; except as modified by the following conditions: 2. Exhibit A with respect to the division of the proposed retail space is for conceptual purposes only. 3. The maximum gross square footage shall not exceed 46,065 square feet and the net square foot area shall not exceed 39,155 square feet of which no more than 8,000 square feet shall be permitted to be used for restaurant as described in Condition No. 4. 4. There shall be no fast food restaurants on the site. A fast food restaurant is a restaurant which "specializes in foods prepared or nearly prepared in advance and which are sold directly to the patron at a counter and not served by a waiter. The food is often partially packaged before the order is taken. The food is essentially served packaged or served in single service materials (paper or plastic)." The patron is provided space or accommodations to eat the food in the building or on the site. 5. That there be no curb cut located within 260 feet of the intersection of West 36th Street. 6. The landscaped setback adjacent to Raleigh shall be no less than 15 feet. Said area to consist of a combination of berming, sod, shrubbery and coniferous and deciduous trees. 7. All islands within the parking lot shall be planted with at least one tree with a minimum of three inches in diameter measured one foot off the ground at the time of planting. 8. All exterior walls excluding the window shall be at least 50 percent brick. 9. Construction plans shall include plans for providing water to the landscaped area. 10. The site shall be permitted to have one free-standing sign with a minimum setback of at least 15 feet from the lot line. 11. All other signage shall be consistent with the adopted Sign Ordinance of the City. 12. All lighting shall be directed perpendicular to the ground, it shall not be more than 25 feet in height, nor shall it result in a greater foot candle power on the ground than on West 36th Street. 13. There shall be no outdoor storage of trash or trash containers. At least one trash room shall be provided in each building of a size and design necessary to meet the intended use and appropriate building and health codes, and shall include space and provisions for recycling materials consistent with the City's recycling policies, goals and objectives. 14. All parking areas shall be delineated by poured -in-place concrete curbing measuring at least six inches above and below the grade. 15. All existing trees to be preserved as shown on the site plan shall be marked and protected during the time of construction. 16. The applicant and the applicant's successors and assigns understand the City has the right to prohibit all on -street parking adjacent to the site. 17. All improvements including buildings, landscaping, parking and all other elements as shown on the exhibits and as modified by the conditions listed above be completed by October 15, 1989. r 1 1 ATTEST: 1 1 Reviewed for administration: City Managei)(1141"re Adopted by the City Council July 5, 1988 Approved as to form and execution: