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HomeMy WebLinkAbout95-99 - ADMIN Resolution - City Council - 1996/07/15RESOLUTION NO. 96-99 A RESOLUTION RESCINDING RESOLUTION NO. 92-165 ADOPTED ON OCTOBER 20, 1992, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AN AMENDMENT TO A CONTINUED SPECIAL PERMIT TO CONSTRUCT TWO SEPARATE ADDITIONS TO EXISTING STRUCTURE AT 5320-5330 WEST 23RD STREET FINDINGS WHEREAS, The Delmark Company, Incorporated (Sandoz Nutrition Corp.) has made application to the City Council for a conditional use permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow an amendment to a Continued Special Permit to construct two separate additions to existing structure at 5320-5330 West 23rd Street within a I -G, General Industrial District, having the following legal description: See Attached Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 87 -40 - SP, 92 -59 -SP and 96 -13 -CUP and the effect of the proposed additions to the existing structure 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. 92-165 of the St. Louis Park City Council dated October 20, 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. 92-165 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 87 -40 -SP, 92 -59 -SP and 96 -13 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-165 filed as Document No. 2334010 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting an amendment to a Continued Special Permit to construct two separate additions to an existing building within the District at the location descnbed above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan and Exhibit B - Elevation Plan. (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. All improvements, including the warehouse addition and landscaping as shown on Exhibits A and B shall be completed by May 15, 1981. 3. That an expansion consisting of a warehouse, spray tower, administrative building, mixing and packagmg building, and a mechanical/maintenance building are hereby allowed subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit C - Site Plan; Exhibit D - Composite Elevations; Exhibit E - Planting Plan; and Exhibit F - Site Layout. (See Condition 7 for modification to Exhibit C). b. Acceptance of the scored burnished block on the south wall on Building No. 10 is for an interim period only, and said wall shall be improved with a brick facade unless expansion to the south commences on or before May 1, 1986. c. That there be no rooftop equipment on the drying tower and that other rooftop equipment be screened as shown on the plans. d. That all improvements including landscaping, parking, buildings and other features as shown on Exhibits C, D, E and F be completed by May 15, 1983. 4. The new office, processing and warehouse addition be constructed in accordance with Exhibits G - Area Plan; Exhibit H - Utility Plan; Exhibit I - Landscape Plan; and Exhibits J, K and L - Elevation Plans, subject to the following conditions: a. Use and the improvements of the temporary lot located on the south side of West 23rd Street is temporary extending until October 15, 1988. b. The applicant and the applicant's successors and assigns agree to cooperate with the City in the implementation of an improved drainage plan for the site and area. c. All improvements including building, landscaping, curbing and other elements shown on the exhibits shall be completed by October 15, 1985. 5. The site be developed, used and maintained in accordance with Exhibit M - Site Plan with respect to providing a new driveway which shall be completed by May 15, 1986. 6. That the liquid storage facility containing approximately 14,000 square feet be permitted in accordance with Exhibit N - Site Plan; Exhibit 0 - Elevation Plan; and Exhibit P - Floor Plan, subject to the following: a. That the exterior on the south elevation be brick and that the brick on the east elevation be allowed to be delayed until May 15, 1991. 7. The special permit shall be amended pursuant to Planning Case No. 92 -59 -SP to permit a security fence subject to the following conditions: r a. Exhibit C - Site Plan is hereby modified by Exhibit Q - Fence Location. b. The fence shall be constructed of green vinyl clad chain link and shall not exceed 6 feet in height. 8. The conditional use permit shall be amended pursuant to Planning Case No. 96 -13 -CUP to permit construction of two separate additions to an existing building subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit R - Site Plan; Exhibit S - Partial Site and Landscape Plan; Exhibit T - Foundation Plan; Exhibit U - Floor Plan; and Exhibits V, W, X and Y - Elevations which are modified according to the following conditions: i. Upon the use of standard C.M.U. instead of rock face block, it must be painted to match the color of the existing building, thus reducing the ability to decipher the new additions from the older, existing structure. - ii. The additions must both have an extension to the existing automatic sprinlder system in compliance with NFPA 13 standards. iii. Any new exits must be supplied with fire alarm manual pull devices in addition to the existing alarm system. iv. Two evergreen trees 12' - 14' in height and three deciduous tha Woverstory trees with a minimum of a 4" caliper will be planted along the northern property line, across from the existing 10B addition, and in a staggered pattern in order to provide screening of the loading area from the nearby residential development. The location of the said trees shall be approved by the Planning Coordinator. v. The pavement will be extended to meet the traffic needs of the proposed additions as illustrated on Exhibit S - Site Plan. ATTEST: Reviewed for administration: ity Manager 9613CUP:RES9 Adopted by the City Council July 15, 1996 Approved as to form and execution: o City Attorney Exibit A Legal Description Lots 1 and 2. Block 1, DELMARK'S 1ST ADDITION, the registered porton .of which is described as follows: Lot 1 , Lot 7, except that part thereof lying Northerly and Westerly of the Southnrly right-of-way line of the Great Northern Railway Comoany, Block 1. DELMARK'S 1ST ADDITION, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Tne Northerly 35 feet of the Easterly 310 feet of that part of Tract A, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin, lying Westerly of the westerly line of Lot 1, Block 1. _DELMARK'S__1ST ADOITSON, and Northerly extension, said 310 feet y being measured along the Northerlline of said part of Tract A. That part of the Northwest Ouarter of the Northwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota described as follows: Beginning at the most westeily corner of DELMARK'S 1ST ADDITION, according to the recorded pick thereof, Hennepin County, Minnesota; thence southeasterly along the southwesterly line of said OELMARK'S isr ADDITION, a distance of 80.00 feet to the north line of Tract A, Registered Land Survey No. 4'3, files of the Registrar of Titles, Hennepin County, Minnesota; thence southwesterly along said northerly line of Tract A a distance of: 254.10 feet; thence northwesterly at a right .engle to said northerly line a distance of 80.00 feet; thence northeasterly a distance of 254.10 feet to the point of beginning. That part of Government Lot 1 and of the North 1/2 of Government Lot 4, Section 9, Township 117, Range 21, described as follows: to wit: Beginning at the Southeast corner of the North 1/2 of said Government Lot 4; thence West along the south line of said North 1/2 of Government Lot 4, a distance of 900 feet; ,thence North and parallel with the East line of Section 9 to a point distant 150 feet Southeasterly measured at right angles from the center line between two main tracks of the railway of the Great Northern+RaIlway Company as now located across said Government Lot 1 and the;North 1/2 of Government Lot 4; thence Northeasterly parallel with said centerline and 150 feet distant therefrom to the East line of Government Lot 1; thence South along the East line of said Government Lot 1 and the East line of Government Lot 4 to the point of beginning. That part of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section 31, Township 29, Range 24 and that part of Government Lot 1 of Section 9, Township 117, Range 21, described as follows: Commencing at the most Westerly corner of OELMARK'S 1ST ADDITION, according to the- recorded plat thereof on file or of record in the office of the Registrar of Titles; thence Southeasterly along the Southwesterly line of said OELMARK'S 1ST ADDITION, a distance of 80.O0 feet to.the Northwesterly line of Tract A, Registered Land Survey No. 493, Files of the Registrar of Titles, County of Hennepin; thence Southwesterly along said Northwesterly line of Tract A, a distance of /S4.10 feet to the point of beginning of the land to be described; Page 1 of 2 —, thence Southwesterly along said Northwesterly.line of Tract A and its Southwesterly extension, a distance of 464.86 feet to a line drawn Southeasterly perpendicular to the centerline between two main tracts of the railway of the Great Northern Railway Company as now located across said Government Lot 1, from a point on said centerline, distant 3131.00 feet southwesterly of the intersection of said centerline with the North-South Quarter Line of Section 30, T2+ nshlp 29, Range 24, Hennepin County, Minnesota; thence NorthJesterly along said perpendicular line, a distance of 80.00 feet; thence Northeasterly parallel with said centerline. a distance of 464.86 feet to a line drawn Northwesterly, perpendicular to said centerline, from the point of beginning; thence Southeasterly along said perpendicular line, a` distance of 80.00 feet to the point of beginning. -. Lots 1 and 2, Block 1, RIDGE ADDITION, according'to the recorded plat' thereof. Tracts A and 8 except that part of the Easterly 50 feet of Tract A which lies Southerly of the Southerly line of Tract C and its Westerly extension and except that part of Tracts A and B lying Easterly and Southerly of a line parallel with and 22.5 feet Easterly and South_erTy of a line :described as= beginning at a point -in the South line of said Tract -8 -distant 443.3 feet Easterly, as measured along said South line from the Southwest corner of said Tract B; thence North 02 degrees 24 minutes East 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of ,the Southerly right of way line of the Great Northern Railroad right of way; thence North 73 degrees -08 minutes East along last said parallel line to the Easterly line bf Tract C in Registered Land Survey No. 493 and there terminating and except that part of Tract A lying northwesterly of the Southwesterly extension of a line which lies 30 feet northwesterly of and parallel with the southeasterly line of Tract C and lying northeasterly of a line which lies 94.0 feet southwesterly of and parallel with the southwesterly line of Tract C. For purposes of this description the West line of said Tract A is assumed to bear due North and South, and except the Northerly 35 feet of the Easterly 310 feet of that part of said Tract A lying Westerly of the Westerly line of Lot 1, Block 1,- DCLMARK'S 1ST ADDITION, according to the plat thereof on file or of record in the office of the County Recorder of Hennepin County, Minnesota, and its Northerly extension, said 310 feet being measured along the Northerly line of said part of Tract A. The Southeasterly 30.0 feet of Tract C. measured at a right angle; -to_ and parallel with the southeasterly line thereof, Registered—tard- Survey No. 493, Files of Registrar of Titles, County of Hennepin. The Southwesterly 5 feet of the following described tract: That part of the Northwest Quarter of the Northwest Quarter, Section 31, Township 29, Range 24, described as beginning at the point of intersection of the Southerly right-of-way line of Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; thence Southerly along the Westerly right-of-way line of said Highway 377.6 feet; thence Westerly parallel to the Southerly right-of-way line of said Railway Company 140 feet, thence Northerly at right angles 330 feet to the Southerly right-of-way line of said Railiray Company; thence Easterly along said right-of-way line to the point of beginning. (Abstract and Torrens) Paae 2 of 2 CITY OF ST. LOUIS 6683400 PARK STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) c "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1) The attached is a full, true and correct copy of the original Resolution No. 96_99 adopted 7/15/96 , and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. (SEAL) G. Diane L. Pete s, Deputy City Clerk 7/17/96 Date 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2290 Phone: 612-924-2500 Fax: 612-924-2170 Pnnted an recycled and recylable paper