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HomeMy WebLinkAbout90-104 - ADMIN Resolution - City Council - 1990/08/06RESOLUTION NO. 90-104 A RESOLUTION RESCINDING RESOLUTION NO. 86-124 ADOPTED ON AUGUST 4, 1986, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF A CONDOMINIUM OFFICE DEVELOPMENT AT 5801-5901 CEDAR LAKE ROAD FINDINGS WHEREAS, Al's Photography Inc. (Security Life Insurance Company of America) has made application to the City Council for a special permit under Section 12-124(2) of the St. Louis Park Ordinance Code to allow construction of a condominium office development at 5801-5901 Cedar Lake Road within a DDD, Diversified Development District having the following legal description: Sunset Ridge Business Park (Abstract) Condominium No. 446 Units A through X inclusive WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case No. 90 -46 -SP and 86 -44 -SP and the effect of the proposed allowing construction of a condoinium office development 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. 86-124 of the St. Louis Park City Council dated August 4, 1986 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. 86-124 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 90 -46 -SP and 86 -44 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 86-124 filed as Document No. 5152398 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting studios as a permitted use in a condominium office development 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; Exhibit B - Landscape Plan; Exhibit C - Elevations, Building Type A; Exhibit D - Elevations - Building, Type B; Exhibit E - Cross -Section; Exhibit F - Floor Plan, Building Type A; General Information Only; Exhibit G - Floor Plan, Building Type B, General Information Only; Exhibit H - Basement Plan for buildings with Lower Level; and Exhibit I - Floor Plan for Joint Conference Room and Ancillary Facilities except as modified by the following: 2. That the applicant dedicate a strip of land on the south side of Cedar Lake Road and at the southeast corner of the site for roadway, pedestrian, and park and open space for purposes with the dedication to occur prior to September 1, 1983, or prior to application for a building permit for the third building, whichever occurs first. 3. That the agreement entered into between the applicant and the City allowing for the construction and maintenance of the ponding area on the public property to the south, remains in force throughout the duration of this special permit. 4. That the developer and his successors and assigns understand that the City is not obligated to maintain the open water area of the abutting slope adjacent to he subject property and that proper covenants covering this condition and the previous conditions be placed on the property in a form acceptable to the City Attorney. 5. That the applicant dedicate proper easements for the looping of the utilities as shown on the plan with such dedication to occur prior to application for a third building permit. The plan should show one additional hydrant on the north end of the buildings off from Cedar Lake Road. 6. That the southerly slope adjacent to the wetland area be seeded and/or sodded in a manner acceptable to the City using the proper sod and seed to allow for maintenance of the slope, filtering of run off and continued growth and easy maintenance of the vegetative material. 7. That the floor plans identified as exhibits are intended to provide general information with the developer and his successors and assigns having flexibility with respect to placing partition walls, providing such placement is consistent with other codes and ordinances of the City. 8. That a copy of the condominium association by-laws and related provisions be submitted to the City for its review and approval prior to issuance of a third building permit or on or before September 1, 1983, whichever occurs first. Said by-laws and regulations must be found to provide for continued upkeep and maintenance of the development and operations consistent with the conditions of the special permit provisions. 9. That all lighting be directed perpendicular to the ground in a manner so that no direct rays penetrate beyond the property line. 10. That if there is outdoor storage of trash, it shall be in dumpsters or steel containers which are in turn stored within an enclosed, permanent structure using exterior materials and treatment matching the office buildings and said enclosures shall be accessible only to a self-closing gate or door but no more than three such structures are to be located on the site, none of which are to be located within 25 feet of any lot line. 11. That the site be limited to office use. Condition number 17 eliminates this condition. 1 12. That curbing on the site be concrete, poured -in-place measuring at least six inches above the grade, except that if the City Engineer and the Project Engineer agree that asphalt curbing is necessary because of soil conditions on the south portion of the site, then asphalt curbing can be used at said locations. And no parking lot or its curbing be located closer than 5 feet to the lot line along Cedar Lake Road, and the City and the developer use their best efforts to obtain a landscape easement measuring at least 10 feet wide from the County and the applicant agrees to landscape and maintain said easement thereafter. 13. That the maximum gross floor area not exceed 58,350 square feet on the main level counting all buildings, 21,320 square feet in the basement level allowing for four such buildings to have basements, and a mezzanine or library space not measuring more than 15 feet by 30 feet. (Modified by Condition No. 16.) 14. That all buildings, landscaping, curbing, striping, walkways, and items as shown on the exhibits as modified be completed by October 15, 1985. 15. That the realignment of Cedar Lake Road be approved prior to issuance of the building permit. 16. That the exhibits referred to in Condition No. 1 are hereby amended to include Exhibit A-1, Site Plan with two-story buildings; Exhibit D-1, Elevation of two story buildings; Exhibit E-1, Section through two-story buildings; and Exhibit G-1, Floor Plan for two-story buildings, which supersede the other exhibits with respect to the other three buildings identified above and hereby permit and restrict the lower elevation to 5,315 square feet in Building No. 5891 and 3,915 square feet each in Building Nos. 5841 and 5851. These exhibits, as approved in 1985 under Case 85 -66 -SPA in accordance with Section 14-124(2)(c), are hereby included as a part of this resolution but as modified by the applicant's request of June 6, 1986 for an amendment under Section 14-124(2) permitting the following: a. Extension of the parking area to the west is hereby approved subject to construction in accordance with Exhibit J-1, Parking Grading and Sedimentation Plan; and J-2, Parking Paving Plan. Said plan provides 58 new spaces, elimination of 8 spaces in the existing lot to provide access with a net gain of 50 spaces, thereby providing the entire business park with 312 spaces. Approval is further subject to the applicant filing evidence that an easement granting the applicant the right to construct and maintain drainage facilities as shown on the plan. Said extension of parking, including pavement, striping and landscaping, shall be completed by October 15, 1986. b. Conversion of the lower levels of the following three buildings from storage to office space as follows: Address Lower level % to Be Gain Net Gross Sq. Ft. Converted So. Ft. 5851 Cedar Lk. Rd. 3915 50% 1958 5841 Cedar Lk. Rd. 5315 100% 3915 5901 Cedar Lk. Rd. 5315 50% 2658 c. The total gross floor area permitted for the entire subject business park is 93,800 square feet and the net floor area is 63,295 square feet. (This modifies Condition No. 13) 17. The condominium office development shall be limited to office and studio uses. The City does not warrant that studio use is permitted under the condominium association by-laws and declarations. 18. The effect of this resolution is contingent upon written approval of the condominium association of the special permit amendment. Adopted by the City Council August 6, 1990 ATTEST: 44 g 104•4 Mayor Reviewed for administration: Approved as to form and execution: City Manager City Attorney 11