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HomeMy WebLinkAbout89-92 - ADMIN Resolution - City Council - 1989/07/10RESOLUTION NO. 89-92 A RESOLUTION RESCINDING RESOLUTION NUMBERS 85-82 ADOPTED ON JUNE 17, 1985 AND 85-128 ADOPTED ON SEPTEMBER 3, 1985 GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-195 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF A CURB CUT AT 30 NATHAN LANE AND 9900 SHELARD PARKWAY FINDINGS WHEREAS, Freeman's Inc. has made application to the City Council for a special permit under Section 14-195 of the St. Louis Park Ordinance Code to allow a curb cut at 30 nathan Lane and 9900 Shelard Parkway within an RB, Residential Business District having the following legal description: Lot 2, Block 2 "Willow Grove Second Addition" (Abstract) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case Numbers 85 -24 -SP and 89 -46 -SP and the effect of the proposed curb cut 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 Numbers 85-82 and 85-128 of the St. Louis Park City Council dated June 17, 1985 and September 3, 1985 respectively, 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 Numbers 85-82 and 85-128 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 Files 85 -24 -SP and 89 -46 -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Resolution Number 85-82 has no document filed and that Resolution Number 85-128 filed as Document No. 5037574 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting curb cut within the RB, Resdential Business District at the location described above based on the following conditions: 1. The curb cut be located 156 feet east of the west lot line of Lot 2, Block 3 Shelard Park. 2. The width of the curb cut shall be no greater than 25 feet measured at the north line of the right-of-way. 3. The design shall meet the City's specifications as contained in Exhibit A. (Exhibit is on file in the City Development Department at the City of St. Louis Park.) 4. The use of the curb cut is limited to lots 1 and 2, Block 2 "Willow Grove Second addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second Addition." 5. The use is limited to a commercial development not to exceed 90,000 square feet of gross floor area including all buildings. Any deviation from this shall constitute a violation of the approval, shall void the special permit, and shall be cause for removal of the curb cut at the expense of the applicant. The City agrees to give written notice to the applicant or its successors and assigns of violation of the special permit. Failure to comply with all terms of the special permit voids the special permit and is cause for removal of the curb cut at the expense of the applicant. 6. The application and the approval with the signing of the assent form by the applicant constitute the applicant's concurrence to pay its fair share cost of all street improvement costs along the roadway, signal design and improvement at Ford Road or Nathan Lane should they be required, or other costs related to the future of the street. 7. The applicant recognizes and concurs there is to be no onstreet parking on Shelard Parkway. S. The applicant concurs that the approval in no way serves as a basis for additional curb cuts or other approvals in connection with use of the street by development outside the City limits and recognizes that the City of St. Louis Park has the right to eliminate, modify or require the relocation of said curb cut. 9. A covenant shall be placed on the property which restricts access and limits access to Lots 1 and 2, Block 2 "Willow Grove Second Addition" and an area containing approximately 230,000 square feet and bounded by the northeasterly and easterly lines of lots 1 and 2, Block 2 "Willow Grove Second Addition" and a line 290 feet parallel to and easterly and northeasterly of Lots 1 and 2, Block 2 "Willow Grove Second addition" (Tract C) by way of the covenant and a total physical barrier shall be constructed along the entire boundary separating said area for abutting property (Tracts A and B from Tract C) and maintained thereafter by the applicant and the applicant's successors and assigns. Said covenant shall include the City, Wallace E. and Elaine Freeman, Freeman Building Company, and Shelard Development Company as parties to the covenant and said covenant shall be filed prior to the City of St. Louis Park's issuing the construction permit for the curb cut. Said barrier shall prohibit automotive movement across the barrier at all points and shall be no less than 2 feet high and 1 foot wide and shall be continuously maintained thereafter. Affixed barrier for emergency access may be constructed provided the use and design is limited to emergency vehicles only. Revision, modification or failure to maintain the barrier(s) or any other action which allows traffic from abutting property (either Tract A or B) to or into said area described in Condition No. 4 (Tract C) shall void the special permit and be cause for removal of the curb cut at the expense of the applicant. 10. That an appropriate crosswalk be provided form the south side of Betty Crocker Drive (renamed Shelard Parkway effective November 1, 1985) to the north side near the driveway. 11. That condition 2 above be deleted. 12. The curb cut be constructed in accordance with Exhibit B, Curb Cut. ATTEST: Reviewed for administration: City Manager Adopted by the City Council July 10, 1989 6) liet,k) Approved as to form and execution: 9 City A