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HomeMy WebLinkAbout89-04 - ADMIN Resolution - City Council - 1989/01/03see. 4of sq -aa RESOLUTION NO. 39-04 A RESOLUTION RESCINDING RESOLUTION NO. 88-116 ADOPTED ON SEPTEMBER 6, 1988 RESCINDING RESOLUTION NO. 88-11 ADOPTED ON FEBRUARY 1, 1988, RESCINDING RESOLUTION NO. 85-150 ADOPTED ON OCTOBER 7, 1985 AND RESTATING RESOLUTION NO. 1177 ADOPTED ON FEBRUARY 15, 1960 AND RESOLUTION NO. 3022 ADOPTED ON MARCH 21, 1966 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTIONS 14-156(18) AND 14-125(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AN AUTOMOTIVE SERVICE CENTER AND OFF-STREET PARKING FOR PROPERTY LOCATED IN THE B-2, GENERAL BUSINESS, AND R-3, TWO FAMILY RESIDENCE DISTRICTS AT 4150 AND 4200 EXCELSIOR BOULEVARD FINDINGS WHEREAS, GP-Bajr, Inc. (Perkins Restaurants Operating Company, L.P.) has made application to the City Council for a special permit under Sections 14-156(18) and 14- 125(4) of the St. Louis Park Ordinance Code to allow an automotive service center and off-street 'parking at 4150 and 4200 Excelsior Boulevard within a B-2, General Business, and R-3, Two Family Residence Districts having the following legal description: All that part of the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian described as follows: Beginning at a point in the west line of said Southeast 1/4 of Southeast 1/4, distant 357 feet South of the Northwest corner thereof; thence East parallel with the North line of said Southeast 1/4 of Southeast 1/4, 38.85 feet to the Northerly line of Excelsior Boulevard; thence Northeasterly along the Northerly --line of _said_ Excelsior Boulevard, 135.00 feet to the actual point of beginning of the land to be described; thence continuing Northeasterly along the Northerly line of said Excelsior Boulevard, 100 feet; thence Northwesterly in a straight line to the Northwest corner of the Southeast 1/4 of Southeast 1/4 of said Section 6; thence South along the West line of said Southeast 1/4 of the Southeast 1/4, a distance of 130.8 feet; thence Southeasterly in a straight line to the actual point of beginning according to the United States Government survey thereof. AND The East 49.02 feet of the South 150 feet of the North 180 feet of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian, according to the Government Survey thereof (Torrens Certificate No. 405026) AND ALSO All that part of the Southeast quarter of the Southeast Quarter of Section 6, Township 28, North, Range 24 West of the 4th Principal Meridian described as follows: Beginning at a point in the West line of said Southeast Quarter of the Southeast Quarter, distant 357 feet South of the Northwest corner thereof; thence East parallel with the North line of said Southeast Quarter of the Southeast Quarter, 38.85 feet to the Northerly line of Excelsior Boulevard; thence Northeasterly along the Northerly line of said Excelsior Boulevard, 135.00 feet; thence at an angle to the left of 87 degrees 0 minutes, 179.9 feet to a point in the West line of said Southeast Quarter of the Southeast Quarter said point being 130.8 feet South of the Northwest corner of said Southeast Quarter of the Southeast Quarter; thence South along the West line of' said Southeast Quarter of the Southeast Quarter, a distance of 226.2 feet to the point of beginning, according to the United States Government Survey thereof. WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 60 -11 -SP, 66 -5 -SP, 85 -58 -SP, 87 -9 -SP and88-95-SP) and the effect of the proposed automotive service center and off-street parking 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. 88-116 of the St. Louis Park City Council dated September 6, 1988 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. 88-116 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; CONCLUSION NOW THEREFO-R-E -BE IT RESOLVED -that --Resolution No. 88-116 (filed -as-Document No. 5397417 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting automotive service center and off-street parking within the B-2, General Business, and R-3, Two Family Residence District at the location described above based on the following conditions: CONCLUSION NOW THE REF OR1;-BE--I3'-R-E-SOLVED--that-Resolution-No. -&8-11-6 F€11cd as-D©-cuntent No. 5397417 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting an automotive service center and off-street parking within the B-2, General Business, and R-3, Two Family Residence, Districts at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A-1 - Existing Plot Plan. (Exhibit is on file in the City Development office at the City of St. Louis Park.) 2. The hours of operation shall be from 6:00 a.m. to 11:00 p.m. 3. The portion of said lot in the R-3 District which is hereby permitted to be used for off-street parking purposes shall be that part thereof lying south and east of a line r t drawn parallel to and distant one hundred twenty four (124) feet northwest of the rear building line of the existing building now located on said premises. 4. Applicant shall maintain landscaping on the triangle not used for parking formed by and lying northwest of the line described in paragraph one (1) hereof. 5. The applicant shall erect and maintain fences six (6) feet in height around the portion of said premises lying in the R-3 District and described in paragraph one (1) hereof permitted to be used for parking purposes. 6. All stalls for parking purposes shall be plainly and legibly marked upon the surface of the parking lot. 7. Applicants shall at all times comply with any and all requirements of Section 14- 126(4) and 14-136(1), the general requirements of the St. Louis Park Zoning Ordinance, as they may now or hereinafter become applicable to the parking lot herein permitted. 8. That the parking lot be built in accordance with Exhibit A-1. 9. That the basket weave fence on the east property line remain. 10. That a five foot (5') high basket weave fence be installed along the entire west property line except for the north thirty feet (30') thereof. 11. That a four foot (4') high basket weave fence be installed along the north line of the parking stalls containing the numbers 11, 12 and 13 on Exhibit A-1. 12. That all outdoor illumination be accomplished in such a way that no direct rays of light penetrate beyond any property line. 13. No outside storage of trash or trash containers shall be permitted. 14. The trash room addition shall be completed by August 30, 1988. 15. A two way access shall be created along the west side of the restaurant and parking shall be prohibited along this side of the restaurant. 16. An easement for access and parking purposes running in favor of the applicant shall be recorded on the following described parcel of property: All that part of the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian described as follows: Beginning at a point in the West line of said Southeast 1/4 of the Southeast 1/4, 357.0 feet South of the Northwest corner thereof; thence East parallel with North line of said Southeast 1/4 of the Southeast 1/4, 38.85 feet to the Northerly line of Excelsior Boulevard; thence Northeasterly along Northerly line of said Excelsior Boulevard; 135.0 feet; thence at an angle to the left of 87 degrees 0 min, 179.9 feet to a point in the West line of said Southeast 1/4 of the Southeast 1/4 said point being 130.8 feet South of the Northwest corner of said Southeast 1/4 of the Southeast 1/4; thence South along West line of said Southeast 1/4 of the Southeast 1/4, 226.2 feet to the point of beginning, according to the U.S. Government Survey thereof. 17. This special permit is contingent upon the demolition of the vacant building located on the property described in Condition No. 16 by June 15, 1988. Within sixty (60) days after the date of City Council adoption of this resolution, the applicant shall deliver to the City a performance bond in an amount equal to 110% of the cost of demolition of said vacant building. The cost of demolition shall be based on the written estimate of a bonafide contractor acceptable to the City and the applicant, which shall be supplied to the City at the time of delivery of the bond. The City may accept a letter of credit, cash escrow or equivalent in lieu of a bond under such conditions as the City may deem appropriate. In the event demolition of said vacant building has not occurred by June 15, 1988, the City may, at its option, complete the required demolition work at the expense of the applicant and the surety. 18. Condition No. 14 is hereby amended to permit completion of the trash room by December 31, 1988, provided that the applicant shall, within 60 days after the date of City Council adoption of this resolution, deliver to the City a performance bond in the amount of $11,000.00. This bond shall cover the cost of constructing the trash room addition and, in the event the trash room addition is not constructed by January 1, 1989, the City may, at its option, complete the required trash room addition at the expense of the applicant and the surety. The City may accept a letter of credit, cash escrow or equivalent in lieu of a bond under such conditions as the City may deem appropriate. In the event the City utilizes the surety and constructs the addition, the applicant shall hold the City harmless for any claims which may arise from such action. 19. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan; Exhibit B - Grading Plan; Exhibit C - Utility Plan; Exhibit D - Landscape Plan, as modified to replace the crabapple trees along Excelsior Boulevard with a suitable salt resistant species and additional coniferous landscaping; Exhibit E - Floor Plan as modified to provide for three indoor trash storage rooms; and Exhibit F - Elevations. The plans shall be modified as necessary to show a screening fence between the parking -lot-and -the residential properties abutting the site. 20. Activities on the site are subject to provisions of the City's noise ordinance and in the event of the generation of nuisance noise by any facilities on the site shall be required to comply with the applicable provisions of the noise ordinance. 21. Building material specifications shall be supplied by the Building Department prior to approval of a-building-perm+t. 22. Vehicles upon which work has been performed on the site shall not be test driven on 36th Street. Such test driving shall occur only on Excelsior Boulevard. 23. The applicant shall submit evidence of the recording of a plat for the subject property combining the two lots into one prior to issuance of the building permit. 24. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. 25. All improvements shall be completed by October 31, 1989. Adopted by the City Council January 3, 1989 ili-4� ATTEST: i•y Cle Mayor Reviewed for administration: Approved as to form and execution: City Manager