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HomeMy WebLinkAbout94-126 - ADMIN Resolution - City Council - 1994/09/12RESOLUTION NO. 94-126 A RESOLUTION RESCINDING RESOLUTION NO. 92-144 ADOPTED ON SEPTEMBER 21, 1992, AND APPROVING A MINOR AMENDMENT TO ACONTINUED SPECIAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXTERIOR MODIFICATIONS AT 8900 HIGHWAY 7, 8906-50 HIGHWAY 7; AND 8800 HIGHWAY 7. FINDINGS WHEREAS, Center Income Properties 2, Dayton Hudson Corporation and DEJA Properties (Paul Tucci) has made application to the City Council for an amendment to a continued special use permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow exterior modifications at 8900 Highway 7, 8906-50 Highway 7, and 8800 Highway 7 within a C-2 Zoning District having the following legal description: Lots 2 and 3, Block 1, Target Second Addition, and Lot 4, Block 1, Target First Addition (Torrens) WHEREAS, the City Council has considered the information related to Planning Case No. 94 -41 -CUP and the effect of the proposed modifications 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 conditional use permit was issued regarding the subject property pursuant to Resolution No. 92-144 of the St. Louis Park City Council dated September 21, 1992 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 conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 92-144 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 File 94 -41 -CUP 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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-144 filed as Document No. 2302879 is hereby rescinded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting modifications within the C-2 Zoning 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 - General Plan; Exhibit B - Proposed Drainage Plan (as modified by the Planning Department on November 2, 1971); and Exhibit C - Final Plan Target First Addition, except as ,aid exhibits may be hereinafter modified by the following conditions or conditions under the plat of Target First Addition (Exhibits are on file .n the City Development office at the City of St. Louis Park.) 2. All new electric, gas, water, sanitary sewer, telephone, and utilities shall be olac underground. - 3. The 44 -foot wide private road from Target Road to West 36th Street shall have a poured -in-place concrete curb at least 6 inches high and said road and curb shall be constructed at standards acceptable to the City Engineer.. Said road shall be kept clean. and free: -from potholes and: maintained thereafter.. - 4. Street trees shall be planted abutting the private road at a spacing of one tree for every 50 feet as shown on Exhibit 4. as modified. 5.. Additional landscaping in the parking lot and along the pedestrian: way shall be provided as shown on Exhibit As as modifed. The private road front West. 26th Street to Target Road shall have decorative on -street lighting to provide. LS foot candles at the streetlevei, or equal. to- or greater than the Ievel of lighting -in the parking Lots if said lighting- exceeds LS foot candles-- 6. andles:6. A pedestrian walk shall be -provided along the west side of Lot 4 from the proposed bus plaza to West 36th Street_ - 7. The pedestrian network shall be improved with landscaping as shown on Exhibit A, as modified. 8. • Signs shall be limited to nameplate signs, symbols, logos and architectural features that identify a particular service or goods provided on the site. All signs shall meet the following conditions: a. • Na advertising or business signs shall be located within 25 feet of the private road. b. Billboards are hereby prohibited. c. All new signs are to be integrated with the building unless a need for a free- standing sign is documented in which case there shall be no more than one free- standing sign which does not exceed 80 square feet in area and 25 feet in height per lot - d. Business signs -.not attached to the buildings shall be architecturally treated and coordinated with the principal building by use of compatible materials -and 'design. e. Lighting for signs shall be interior or indirect so that light rays are not directly visible beyond the lot lines. 9. All new buildings and remodeling of either existing or new buildings shall be compatible and complimentary to the highest standard of building located between West 36thStreet, Aquila Avenue, the Burlington Northern Railroad right-of-way and Highway T. Elements of compatibility include but are not limited to: Building form and mass, exterior materials and their appearance and durability, Landscaping, exterior lighting, and site 'development_ 10. Development on vacant lots requires a special permit and the filing of an application under provisions provided in the Ordinance. All such proposals must be compatible wtth the overall plan. LL All of the improvements shall be in accordance with the following schedule: a. The private road Including- the' curbing, surfacing, landscaping and tree planting adjacent thereto shall be completed by July 1, 1973. b. Construction of a major pedestrian walk and landscaping adjacent thereto between Target Road and Target Department Store and from the Target Department Store to the north end of the Target Department Store parking lot shall be completed by July 1..1923_ - - c- Landscaping _and planting izr the Target lot as shown on Exhibit A as modified, shall be completed by July L 1973.. d. Street lighting along the private road shall be completed by September I., 1973. 12_ The C•Lty shall be given an. easement over- the private road and to the- public park along the utility easement which parallels the south line of Lot 4. 13. AIL access_.ta public roads and to the lots as contained in the plat shall be as shown on the general plan, unless modifications to the general plan are approved. . 14.. In compliance with provisions of the Subdivision Ordinance and the Commercial Development Unit, the subdivider and applicant shall enter into a contract with the City covering the necessary improvements as contained in the special permit and the final plat. 1.5. That Lot. 4., Target First -Addition be develped for a four-story office bui1d.ng and six -stall drive-in bank facility with the following conditions: a. The site shall be developed,. used and• maintained in accordance with Exhibit D - Site Plan; Exhibit E —Grading Plan; Exhibit F - Landscape Plan; and Exhibit G - Elevation Plan; except as hereinafter modified by the following conditions: b. The total chargeable floor area of the office building for parking shall not exceed 46,600 square feet. c. The lot shall be graded so as to meet the grades of existing park land with a slope of no more than 2 to 1 or the transition between the surfaced area and the park area shall be accomplished by a decorative terrace, with said plans subject to approval of the City prior to construction. d. Pedestrian walkway, street lighting, street trees and planting of -the parking islands shall be accomplished as• provided in the overall general plan and as shown on Exhibit F, as modified bv the Planning Department on November 2, 1971. e. All improvements as shown on the Exhibits D, E, F, and G, as modified including surfacing, striping, tree planting, landscaping, pedestrian walkway, lighting, olaza, and the like shall be completed by July 1, 1973. 1.6. The site shall be modified, developed, used and maintained in accordance with Exhibit H - Site and Parking Plan, dated August 9, 1976; Exhibit 1 - Landscaping Plan dated August 9, 1976; Exh:bit J - Grading Plan dated August 9, 1976; Exhibit R - Utility Plan dated August 9, 1976; Exhibit L - Elevation Plan dated August 9, 1975; as modified bv the Planning Department August 13, 1975. • 17. That new utility and pedestrian easements be provided as identified on Exhibit H, and that the pedestrian way be constructed within 12 months after completion of the installation. of utilities in the- easement or within 12 months after notification by the City that said utilities will not be placed, and said construction of the pedestrian way shall. commence.. 18- Sign_ area. shall be constructed,. designed and maintained in accordance with Exhibits .R and. L,. provided the total_ sign area. of Lots t, Z, 3, and 4 shall not exceed 2,557 square feet, the- maximum allowed under the Zoning- Ordinance_ l9- That the garden- store•attached to the south side of Target be unproved -by elimination of the cyclone fencing and replaced with decorative treatment before July 1,. 1977, and said garden store shall not be used for warehousing nor shall it be used for storage of goods not sold directly from the garden store. 20. That all building improvements and landscaping included on the plans be completed by July 1, 1977, except as otherwise noted above. - 21. Operable_ toilet facilities shall be provided to the gasoline service station. 22. All fire hydrants on the site shall be in conformance with City standards or modified to meet City standards. 23.. A. siamese hydrant connectiort shall be installed on the east side of the proposed grocery store for Fire Department access to the sprinkler system. 24. There shall be na, on -sale liquor or off -sale liquor uses or licenses allowed on the premises or property . _ 25. The site shall be •modifed,. developed,.used and maintained in accordance with Exhibit M - Site Plan,,. dated December 8, -1976,. and Exhibit N - Elevation Plans, and Final Plat of. Target. Second Addition,. and modified as follows: a.. Existing curbed island north of the Target Store loading area shall be retained_ b. The periphery of the site along parking areas, loading areas and driveways shall be curbed.. e_ Curbed and landscaped islands shall be provided at the ends of the parking bays along the roadway located between the Applebaum (Rainbow) store, miscellaneous shops and the parking lot. d. Signs shall be constructed, designed and maintained in accordance with Exhibits H and L, provided the total sign ara for Lots 1, 2, 3 and 4 shall not exceed 2,557 square feet, the maximum allowed under the Zoning Ordinance, and there shall not be more than one free-standing sign per lot, and said free-standing sign shall not have more than 100 square feet of sign area per side. 26. The refuse compactors shall be painted to be compatible with the building, shall be closed at all times, and the area shall be maintained in a clean and orderly condition. 27. All building improvements and landscaping included on the plan shall be completed by October 1, 1977. 28. A Class II Restaurant shall be permitted :n accordance with Section 14-15 6(17) of the St. Louts Park Ordnance Code, subject to the following- condition: a. That the restaurant site shall be constructed and maintained in accordance with Exhibit M - Restaurant Floor Plan. and Exhibit N - Knollwood Village Master - Rental Plan (Case' -No_ 7T -Z5 -SP) 29_ Condition No.. 24 shall be changed to read "there shall be no on -sale liquor or of f - sale liquor except for on -sale wine allowed on the premises or property." 30. The Class II Restaurant permitted by Condition No_ 28 shall be modified to a Class 1 Restaurant and shall be limited to the sale and consumption of wine on the premises in conjunction with the sale of food. 31. The north entrance to the Knollwood Village Shopping Center is permitted to be revised in accordance with Exhibit 0 - Parking Revision, dated Mav 5, 1978. 32. Signs shall be permitted to be installed in accordance with Exhibit P - Directory_ Signs, and Exhibit A - Tenant Identification Signs. 33. Four temporary outdoor sales may be permitted each calendar year, in which all tenants of the shopping center may participate; and said sales shall be conducted with a license issued to the shopping center in accordance with Ordinance No. 1417 adopted August 7, 1978. 34. That a 400 square foot addition be allowed for retail use subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit R - Rental Area Plan; Exhibit S - Floor Plan; and Exhibit T - Elevations b. No further expansion of retail !Noor area shall be permitted. c. All improvements shall be completed by May 30, 1984. 35. That a Class Iw restaurant be permitted with a chargeable floor area for parking purposes not to exceed 1.450 square feet, subject to the following conditions: a. All trash and garbage from the restaurants shall be stored in an indoor trash room. b. All improvements shall be completed by Mav 30, 1988. 36. The special permit shall be amended pursuant to Planning Case No. 92 -61 -SP to permit construction of a 700 square foot addition to the Rainbow Foods facility subject to the following conditions: _ a. The site shall be developed, used and maintained in accordance with Exhibit V modified as follows. such documents incorporated by reference herein: 1. Deletion of galvanized metal panels as exterior materials. 2. Substitution of stucco on the north wall of the addition painted to match the existing north wall of the Rainbow Food store and concrete block on the west and south side of the addition painted to meet the existing west wall of Rainbow Foods. 3. Deletion of the shed roof and substitution of a flat roof. b. All improvements shall be completed by September 2L 1993. 37. The continued special permit shall be amended pursuant to Planning Case No. 94 -41 - CUP to permit exterior modifications subject to the following conditions: a. Information necessary to determine compliance with the current zoning ordinance be submitted prior to issuance of any building permit authorized by this minor amendment to the continued special permit so that a determination can be made that the site is being brought into greater or complete compliance with the current zoning ordinance and with other provisions of this ordinance, to the extent reasonable and possible. b. The site shall be developed, used and maintained in accordance with Exhibit W - Project Elevation, Typical Bay Elevation and Typical Canopy Section; such document incorporated by reference herein. Adopted by the City Council September 12,1994 ATTEST: til L2,) 1 ‘dei44-474-J 4 Reviewed foradrninifitration: 94 -41 -CUP Approved as to form and execution: City Attorney