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HomeMy WebLinkAbout90-170 - ADMIN Resolution - City Council - 1990/11/19RESOLUTION NO. 90-170 A RESOLUTION RESCINDING RESOLUTION NO. 88-50 ADOPTED ON MAY 16, 1988, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-156 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AN INCIDENTAL CAR WASH AND THE CONTINUATION OF A MOTOR FUEL STATION, RETAIL STORE AND NON -SELF-SERVICE AUTOMOTIVE SERVICE CENTER LOCATED IN THE B-2, GENERAL BUSINESS DISTRICT, AT 5420-5430 MINNETONKA BOULEVARD. FINDINGS WHEREAS, Roger Ilstrup (Rogers Petroleum) has made application to the City Council for a special permit under Section 14-156 of the St. Louis Park Ordinance Code to allow an incidental car wash and the continuation of a motor fuel station, retail store and non self-service automotive service at 5420-5430 Minnetonka Boulevard within a B-2, General Business District having the following legal description: That part of Lots 15 and 16 lying south of the north 80 feet thereof, except road. Also that part of the southwest 1/4 of the southwest 1/4, Section 31, Township 29, Range 24, described as commencing at the northeast corner of said Lot 16, thence south along the east line thereof, 170 feet to the point of beginning, thence continuing along the prolongation of the last described course 50 feet to the intersection of the east extension of the south line of Lot 16, thence west along said extension 50 feet, thence northerly to beginning, Auditor's Subdivision No. 351, Hennepin County, Minnesota (Abstract) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case Nos.77-43-SP, 82 -10 -SP, 84 -38 -SP, 86 -34 -SP, 88 -27 -SP and 90- 75 -SP) and the effect of the proposed incidental car wash and the continuation of a motor fuel station, retail store and non -self-service automotive service center on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, values of properties in the surrounding area and the Comprehensive Plan; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 88-50 of the St. Louis Park City Council dated May 16, 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. 88-50 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 77 -43 -SP, 82 -10 -SP, 84 -38 -SP, 86 -34 -SP, 88 -27 -SP and 90 -75 -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. 88 -50 -SP filed as Document No. 5424304 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 incidental car wash and continuation of a motor fuel station, retail store and non -self- service automotive service center within the B-2, General Business 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, except as modified by Exhibit C - Site Plan/Landscape Plan and Exhibits D, E, F - Elevation Plans/Sign Plans. (Exhibits are on file in the City Development Department at the City of St. Louis Park) 2. That the lilac hedge be continued along the northerly edge of the property. 3. That no signs be added to the site nor shall there be any signs attached to the exterior of the windows nor shall there be any signs on the pump islands, in the landscaped areas or other portions of the site except as shown on the approved exhibits. 4. There shall be no additional lighting on the site except as shown on the plans, and all such lighting is to be directed away from the public right of way and private property. 5. All trash shall be stored within the building in appropriately designated areas. 6. There shall be no outside storage or sale of goods/materials except as allowed under the provisions of Section 14-155(3)(u) of the Zoning Ordinance. 7. That all improvements including buildings, exterior materials, landscaping, and required parking, as shown on the exhibits shall be completed by June 30, 1976, and shall be maintained in a satisfactory condition thereafter. 8. The site shall further be used and maintained in accordance with Exhibit G - Site Plan and Automotive Service Center, and Exhibit H - Elevation Plan for Automotive Service Center; and the automotive service center shall not be located less than 15' from the north property line or less than 20' from the east property line. 9. A full-time mechanic or mechanics shall be provided at the automotive service center during hours of operation, and all work in the service center shall be done by the mechanic on duty, and no self-service work shall be performed by the customer. 10. All building, construction, paving, striping, and landscaping shall be completed and all of the conditions of this special permit shall be satisfied by September 1, 1978. 11. That a canopy 30 feet wide and 76.5 feet long be allowed subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit I - Site Plan; Exhibit J - Canopy Elevations; and Exhibit K - Sign Plan. b. No new construction permits shall be granted until conditions of the previous special permit are satisfied. r 1 c. The lilac hedge along the northerly property line shall be installed. d. All improvements on the site shall be completed by October 30, 1982. 12. That a canopy 48 feet long and 24 feet wide be allowed subject to the -following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit L - Site Plan, and Exhibit M - Canopy Elevation Plan, except as modified by the following: b. A lilac hedge shall be planted along the north property line. Individual plant clusters shall be at least 21 feet tall when planted and shall be spaced a maximum of 5 feet apart. The hedge shall extend across the north end of the leased area, except north of the grocery store (the westerly 150 feet along the north property line). c. The leased area on the right of way shall be delineated by posts or curb bumpers to prevent vehicle encroachment. The unpaved portion of the leased area shall be sodded or seeded. The area shall be kept clean and free of debris. No motor vehicles may be advertised for sale in the leased area. d. Landscaping shall be provided in the setback area of the leased area east of the driveway on Minnetonka Boulevard. The landscaping shall start at the right-of- way line of Minnetonka Boulevard and extend north a distance of 15 feet. It shall also extend from the easterly edge of the driveway east to the limit of the leased area. The landscaping to be installed in this area shall be of comparable quality and quantity to that already in place on the site. e. All improvements shall be completed by October 15, 1984. The improvements in Conditions 1 and 3 shall be completed prior to issuance of a construction permit for the new canopy. 13. Additional sign area is hereby permitted as shown on Exhibit N - Sign Schedule, November 1986; a. 178.8 additional square feet on Lot 15, bringing the total to 235.8 square feet on Lot 15. b. 130.0 additional square feet on Lot 16, bringing the total to 298.45 square feet on Lot 16. c. No sign shall be located in the required setback area. 14. Condition No. 5 is hereby amended to require that all trash be stored within the building or in a completely enclosed structure to be constructed at the east end of the service center, conforming to the building code. Said enclosed structure shall be completed by January 16, 1987. 15. Condition No. 12 is hereby amended to read, "A hedge not subject to winter kill IT lo 16. The hedge, all other required landscaping, curb bumpers, posts and all other required improvements, except for the enclosed trash facility described above, must be completed by July 1, 1987. 17. A second floor office addition having 988 square feet of floor area is hereby permitted, subject to the following: a. The addition shall be constructed in accordance with Exhibit 0 - Site Plan, First Floor Plan and Second Floor Plan with the modification that the doorway shown on the southwest corner of the building is optional and may be installed at the discretion of the property owner; and Exhibit P - Exterior Elevations. b. All other conditions currently in effect under the existing special permit shall be maintained. c. Landscaping, shrubbery and trees shall be installed on the north side of the property. d. All improvements shall be completed by October 31, 1988. e. The office addition shall be used only for administration of the existing business on the site. 18. An incidental car wash is hereby permitted on Lot 16, subject to the following: a. The site shall be developed, used and maintained in accordance with Exhibit Q - Site plan, Exhibit R - Landscape Plan, Exhibit S - Elevations and Exhibit T - Site Lighting Plan to the extent these plans are in conformance with Sections 14-150(3)(a) and 14-156(5), such documents incorporated by reference herein. b. The operator of the incidental car wash shall insure that the car wash equipment is operated in full compliance with Section 14-156(5)(b) of the Zoning Ordinance. c. Drainage within the building, and on the site itself, shall be provided consistent with the requirements in Section 14-156(5)(c) of the Zoning Ordinance d. The storage shed proposed to be located on the northwest corner of the building shall not be permitted to be constructed. e. The applicant shall demonstrate the provision of adequate refuse storage on the site in compliance with Section 14-156(5)(d) of the Zoning Ordinance. f. All signage shall be fully in compliance with the Sign Ordinance and any directional signage proposed on the site must fall within the total aggregate amount of signage permitted on the property. The subject property shall, in addition to the conditions expressed above, comply in all respects with the applicable provisions of Section 14-156(5) of the Zoning Ordinance. g. h. All improvements except the landscape improvements shown on Exhibit R shall be completed prior to the issuance of a Certificate of Occupancy for the incidental car wash. The landscape improvements shown on Exhibit R shall be completed by June 30, 1991. Adopted by the City Council November 19, 1990 w 14 -441, - Al 1hST: Al"PEST: 4y1444411 Reviewed for administration: City Manager 1111 90-75-SP:RES3 Approved as to form and execut. c. ity • t