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HomeMy WebLinkAbout89-150 - ADMIN Resolution - City Council - 1989/10/02j.�ec_iP.�e. 8'946s: RESOLUTION NO. 89-150 A RESOLUTION RESCINDING RESOLUTION NO. 89-18 ADOPTED ON FEBRUARY 6, 1989 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124(2)(a) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW OPERATION OF A CLASS W RESTAURANT AT 5601-5625 WAYZATA BOULEVARD FINDINGS WHEREAS, K K Corporation has made application to the City Council for a special permit under Section 14-124(2)(a) of the St. Louis Park Ordinance Code to allow operation of a Class IV restaurant at 5657 Wayzata Boulevard within a DDD, Diversified Development District having the following legal description: Tract A, Registered Land Survey Number 1512 (Torrens Certificate No. 616262) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case No. 89 -84 -SP and the effect of the proposed Class IV restaurant 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. 89-18 of the St. Louis Park City Council dated February 6, 1989 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. 89-18 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Commission Case File 89 -84 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 89-18 filed as Document No. 1996161 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a Class 1V restaurant within the DDD, Diversified Development 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/Floor Plan; Exhibit B - Grading Plan and Site Utility Plan and Lighting and Planting Plan; and Exhibit C - Easterly, Westerly and Southerly Elevation (Exhibits are on file in the City Development Department at the City of St. Louis Park.) 2. That the restaurant contain no more than 2,000 square feet of gross floor area or no more than 1,200 square feet of net floor area. 3. That 102 parking spaces be provided --66 spaces on the site as shown on Exhibit D, Parking Plan, and 36 spaces on a shared basis on the hotel site to the southeast also shown on said exhibit with such shared parking to be guaranteed through the execution of proper documents which meet the approval of the City Attorney and the City. 4. All outside lighting be directed perpendicular to the ground. 5. That access to the frontage road is temporary and subject to removal at the discretion of the City and/or Minnesota Department of Transportation. 6. That the restaurant be provided with an inside trash room and that all trash from the restaurant be stored within the structure. 7. That there be no outside storage of trash in dumpsters or in any other containers. 8. That no active use be made of the basement area other than storage by tenants on the main floor of the subject building or by tenants in the nine story building at 5775 Wayzata Boulevard. 9. That the building, parking, landscaping and other facilities as shown on the exhibits be completed by October 15, 1982. 10. That the Class Iw restaurant referred to in Condition 2 be allowed to be expanded from the approved 1,200 net square feet to 1,670 net square feet subject to the following conditions: a. That the revisions to the restaurant be made in accordance with Exhibit E, Revised Plan. b. That 36 additional shared parking spaces be provided as designated on Exhibit F, Parking Plan. c. That a deed covenant running with the land, in a form acceptable to the City Attorney, be executed between the subject property owner and the owner of the office building to provide shared parking. 11. That the Class Iw Restaurant permitted in Condition No. 10 hereby be reclassified to a Class I Restaurant subject to the condition that the existing seating area not be expanded, and no bar be constructed or allowed which is designed or used for the sale, service and/or consumption of alcoholic beverages directly by the public or patrons. 12. That 2,751 square feet of retail floor area at the northeast corner of the building, as illustrated on Exhibit G, be permitted to be converted to a Class Iw restaurant; that said restaurant shall no contain more than 2,751 square feet of gross floor area and 1,700 square feet of net floor area; and that no bar be constructed or allowed which is designed or used for the sale, service and/or consumption of alcoholic beverages directly by the public or patrons. 13. That an additional 830 square feet of retail space be permitted to be converted to a Class W restaurant, provided that no more than 200 square feet may be utilized for customer seating. 14. That Condition 10b be corrected to read as follows: b. That 26 additional shared parking spaces be provided as designated on Exhibit F, Parking Plan for a total of 62 shared parking spaces. and that Condition 10c be revised to read as follows: c. That an easement agreement running with the land, in a form and with a legal description acceptable to the City Attorney, be executed between the subject property owner and the owner of the hotel to provide shared parking. The subject property owner and the City acknowledge that Travelers Insurance Company, which is the owner/assignee of two mortgages on the hotel property, has refused to execute a consent to the easement agreement. In the event the property, the subject property holder, for itself and its successors and assigns, agrees to use its best efforts to obtain a new shared parking easement, in similar form and acceptable to the City Attorney, from either the party which owns the hotel property after such foreclosure or from another adjacent property owner. Nothing in this special permit shall in any way limit the City's authority to enforce this special permit according to its terms under applicable provisions of local ordinances or state law. The easement required by this condition shall be recorded at the applicant's expense and the applicant shall provide the City with an authenticated copy of the recorded document. 15. An outdoor trash storage room is permitted in accordance with Exhibit H - Proposed Trash Enclosure. 16. The improvements specified in Condition 15 shall be completed by September 15, 1990. ATTEST: City Clerk/ Reviewed for administration: Cityg Adopted by the City Council October 2, 1989 /04 -4, - Approved as to form and execution: