HomeMy WebLinkAbout88-79 - ADMIN Resolution - City Council - 1988/07/051
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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4780780 is hereby rescinded and replaced by this resolution which continues and amends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.
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ATTEST:
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Reviewed for administration:
City Managei)(1141"re
Adopted by the City Council July 5, 1988
Approved as to form and execution: