HomeMy WebLinkAbout92-161 - ADMIN Resolution - City Council - 1993/07/01RESOLUTION NO.
92-161
A RESOLUTION RESCINDING RESOLUTION NO. 86-61 ADOPTED ON
MAY 19, 1986 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT
UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE
CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF AN
OUTSIDE STAIRWAY AT 5000 WEST 39TH STREET
FINDINGS
WHEREAS, Medcenter Inc. (Park Nicollet Medical Center) has made application to
the City Council for a special permit under Section 14-124.101 of the St. Louis Park
Ordinance Code to allow construction of a stairway between the access driveway on the
south side of the Park Nicollet building on 39th Street and the sidewalk along 39th Street at
5000 West 39th Street within a PUD, Planned Unit Development District having the
following legal description:
See Exhibit A - Legal Description
WHEREAS, the City Council has considered the information related to the Planning
Case Nos. 83 -66 -SP, 84 -66 -SP, 84 -20 -SP, 85 -50 -SP, 86 -19 -SP and 92 -52 -SP and the effect of
the proposed outside stairway 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. 86-61 of the St. Louis Park City Council dated May 19, 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. 86-61 to add the amendments now required, and to
consolidate all conditions applicable to the subject property in this resolution;
WHEREAS, the contents of Planning Case Files 83 -66 -SP, 84 -66 -SP, 84 -20 -SP, 85 -50 -
SP, 86 -19 -SP and 92 -52 -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. 86-61 filed as Document
No. 1728800 is hereby rescinded and replaced by this resolution which continues and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 outside
stairway within the PUD, Planned Unit 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
- Development Plan; Exhibit B - Site Plan; Exhibit C - Grading and Utility Plan
(recognizing that some minor adjustments might be necessary per City specifications);
Exhibit D, Landscape Plan; Exhibit E - Building Elevations; Exhibit F - Building
Sections; Exhibit G - Sign Policy 001 and Exhibit H - Sign Policy 002 (Exhibits are on
file in the City Development Department at the City of St. Louis Park.)
2. That the applicant provide documentation of use of 400 parking spaces off the site
but within 500 feet of the property prior to occupancy.
3. That all signs are permitted in accordance with the Sign Policy Plan made a part of
the special permit.
4. That all outdoor lighting be directed perpendicular to the ground and no standard be
higher than 30 feet.
5. That the main driveway/access be no greater than .5% at the sidewalk and no greater
than 2.5% at other locations.
6. That all improvements including buildings, landscaping, pedestrian ways and other
elements as shown on the exhibits be completed by October 15, 1985.
7. A parking lot containing 211 spaces and located at the northeast corner of the
property is hereby approved for a 211 space parking lot, and modification to the east
parking lot and front drop-off point are also hereby approved with each of these
three areas being developed, used and maintained in accordance with Exhibit I, DP4
Development Plan; Exhibit J, Landscape Plan 7A; and Exhibit K, Site Paving Plan.
Said exhibits superseding the exhibits in Condition No. 1 with respect to the areas
listed in this Condition No. 7, and with completion to be as specified in Condition No. 6.
8. The 400 spaces specified in Condition No. 2 is hereby reduced to 50 spaces.
9. That Exhibit II - Sign Policy 002, be amended in general note No. 4 by deletion of
the last sentence which states, "No new signs are proposed to be located on the new
building." and replacing with the words, "A nameplate sign containing up to 100 square
feet identifying the International Diabetes Research Center is to be allowed on the
west side of the building.
10. That the reference to 22 motel -type units be deleted from the resolution and
development plans be modified to permit the additional general office on the seventh
floor.
11. That a trash enclosure at the southeast corner of the building is hereby approved as
a temporary option to inside storage subject to the following:
a. The trash enclosure shall be developed, used and maintained in accordance with
Exhibit L - Proposed Site Detail, and Exhibit M - Sheets 1 and 2, Elevations.
Proper landscape screening of the enclosure must be provided according to a
landscape plan being developed and to be submitted for City Staff approval. The
enclosure permitted by this condition is in lieu of storage inside the building and
is subject to elimination and/or modification at such time as the building is
expanded or significantly remodelled or in June of 1990, whichever occurs first.
b. Plans for rodent, insect and noise control shall be submitted to the City prior to
the issuance of the certificate of completion.
c. The trash enclosure is conditioned on an annual review at which time the approval
may be rescinded or modified. Said annual review to occur in May of 1987,
1988 and 1989, but also subject to elimination or modification if the building is
expanded or modified as specified in Condition Ila above.
d. The applicant, successors and assigns must complete the trash enclosures authorized
by this condition on or before August 1, 1986 or store all trash and trash
containers within the building.
9
1
J
EXHIBIT A - LEGAL DESCRIPTION
That part of the Northwest 1/4 of Section 7, Township 28, Range 24
described as:
Beginning at the intersection of the center line of Excelsior Avenue and
the center line of Wooddale Avenue; thence northeasterly along said
center line of Excelsior Avenue 831 feet; thence southeasterly at right
angles 350 feet; thence northeasterly at right angles 70 feet; thence
southeasterly at right angles to the northwesterly line of Block 1,
Brookview Addition; thence southwesterly along the northwesterly line
of said Block 1 to the center line of Wooddale Avenue; thence
northwesterly to the beginning of existing roads.
That part of the Northwest 1/4 of Section 7, Township 28, Range 24
described as:
Commencing at a point in the center line of Excelsior Avenue 901 feet
northeasterly from its intersection with the center line of Wooddale
Avenue; thence northeasterly 80 feet; thence south 250 east 350 feet;
thence northeasterly at right angles 75 feet; thence southeasterly to
the northeast corner of Block 1, Brookview Addition; thence southwesterly
along the northwesterly line of said Block 1, a distance of 155 feet;
thence northwesterly to beginning of existing road (Abstract)
CASE NO. 92 -54 -SP
12 The special permit shall be amended pursuant to Planning Case No. 92 -52 -SP to
permit construction of a stairway between the access driveway on the south side of
the Park Nicollet building on 39th Street and the sidewalk along 39th subject to the
following conditions:
a. The site shall be developed, used and maintained in accordance with Exhibit
N - Stairway Location, such documents incorporated by reference herein.
b. The applicant, at its sole expense, shall provide for crosswalk marking and
warning signage consistent with all applicable rules governing signage on
public rights-of-way.
c. The applicant shall determine by survey if any portion of the stairways are
located on the right-of-way of 39th Street. In the event any portion of either
stairway is to be located in the right-of-way of 39th, the applicant shall enter
into an agreement with the City governing the private use of public property.
Said agreement shall contain provisions holding the City harmless from any
claims arising as a result of the stairway or its construction and which requires
the applicant to maintain a liability insurance policy in favor of the City.
d. In the event the City fails to authorize the elimination of parking on 39th
Street as proposed, this Condition 12 becomes void and the stairway shall not
be constructed.
e. All improvements shall be completed by July 1, 1993.
ATTEST:
Reviewed for administration:
G!/- ( 4/XC1
Adopted by the City Council October 20, 1992
Approved as to form and execution:
(,t-04A.U. 6.1_5(kettKA)
City Manager City Attorney
92-52-SP:RES6
EXHIBIT A - LEGAL DESCRIPTION
The East 440 feet of that part of the Northwest 1/4 of the Northwest
1/4 of Section 7, Township 28, Range 24, described as follows:
Commencing at the Northwest corner of the NW 1/4 of the NW 1/4 of
said Section 7; thence running south along the West line of said Section
a distance of 443.71 feet, thence East parallel with the North line of
said Section to the East line of the NW 1/4 of the NW 1/4; thence
North along the East line of said NW 1/4 of the NW 1/4 to the Northeast
corner thereof, thence west along the North line of said Section to the
point of beginning. (Torrens Certificate # 414109)
The West 220 feet of the East 660 feet of that part of the Northwest
1/4 of the Northwest 1/4 of Section 7, Township 28, Range 24, described
as follows: Commencing at the Northwest corner of the NW 1/4 of the
NW 1/4 of said Section 7; thence running south along the West line of
said Section, a distance of 443.71 feet, thence East parallel with the
North line of said Section to the East line of the NW 1/4 of the NW
1/4, thence North along the East line of said NW 1/4 of the NW 1/4 to
the Northeast corner thereof, thence west along the North line of said
Section to the point of beginning. (Torrens Certificate # 420437)
The West 66 feet of the following described property and the
The West 264 feet of the East 924 feet of the following described
property: That part of the Northwest Quarter of the Northwest Quarter
of Section 7, Township 28, Range 24 described es follows: Commencing
at the Northwest corner of the Northwest Quarter of the Northwest
Quarter of said Section 7, thence running south along the West line of
said Section a distance of 443.71 feet, thence East parallel with the
North line of said Section to the East line of the Northwest Quarter of
the Northwest Quarter; thence North along the East line of said Northwest
Quarter of Northwest Quarter to the Northeast corner thereof, thence
West along the North line of said Section to the point of beginning.
(Torrens Certificate # 523858)
Also that part of Lots 2, 3, and 4, Block 2, Park Center, Hennepin
County, Minnesota, lying South of a line 24 feet North of, measured et
right angles to and parallel with the south lines of said lots and lying
East of the northerly extension of a line parallel with and 924 feet West
of the East line of the Northwest Quarter of the Northwest Quarter of
Section 7, Township 28, Range 24, Hennepin County Minnesota, as
measured perpendicular thereto. Also, the South 230 feet of the
East 423 feet of Lot 2, Block 2, Park Center (Abstract)
CASE NO. 92 -52 -SP