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HomeMy WebLinkAbout96-133 - ADMIN Resolution - City Council - 1996/09/03RESOLUTION NO. 96-133 A RESOLUTION RESCINDING RESOLUTION NO. 92-2 ADOPTED ON JANUARY 6, 1992 AND GRANTING AN AMENDMENT TO A CONTINUED SPECIAL PERMIT UNDER SECTION 14.8-6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A SHOWROOM AND OFFICE ADDITION FOR PROPERTY ZONED C-2 COMMERCIAL AT 3555 SOUTH HIGHWAY 100 FINDINGS WHEREAS, Walser Corporation (Robert John Walser and Thomas Arthur Barbeau) has made application to the City Council for a conditional use pernut under Section 14:8-6 of the St. Louis Park Ordinance Code to allow a showroom and office addition at 3555 South Highway 100 within a C-2 Commercial District having the following legal description: All of Lot 1 and Lot 4, Block 3, Belt Line Industrial Park, except parcel 1 Minnesota Department of Transportation Right-of-way Plat 27-11 (Abstract) WHEREAS, the City Council has considered the information related to Planning Case Nos. 77-97, 81-104, 81-46, 82-79, 84-92, 90-56, 91-46 and 96 -18 -CUP and the effect of the proposed showroom and office addition 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 92-2 of the St. Louis Park City Council dated January 6, 1992 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng the amendment of that conditional use permit; and WHEREAS, it is the mtent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 92-2 to add the amendments now required, and to consolidate all conditions applicable to the subject property m this resolution; WHEREAS, the contents of Planning Case Files 77-97, 81-104, 81-46, 82-79, 84-92, 90-56, 91- 46, and 96 -18 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-2 filed as Document No. 5880156 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of pemutting a showroom and office addition, within the C- 2 Commercial District at the location descnbed above based on the following conditions: 1. The site be developed, used, and maintained in accordance with Exhibit A, Dimension, Lighting, and landscape Planting Plan as modified by the Planning Department on February 10, 197C; Exhibit 8, Floor Plans and Elevations; Exhibit C, Floor Plans and Elevations; and Exhibit 0, Lighting Standard as modified by the Planning Department on February 10, 1978. However, said plans are hereby modified to allow placement of the car wash on the east side of the building in accordance with construction drawings dated June 14, 1978. (Exhibit A modified by Exhibit J; Exhibit B deleted See Condition No. 19) 2. There shall be no outside storage of trash, debris, or junk or waste material of any kind on any part of the site. 3. No truck trailers, flatbeds, or similar pieces of equipment shall be stored, repaired,or placed anywhere on the site. 4. There shall be no more than three free-standing signs (one not to exceed 42 feet on Utica Avenue; two not to exceed 25 feet on West 35th Street, and the 42 feet shall be lowered to the maximus allowable height when the grade of Highway 100 is lowered), and no free-standing sign shall contain more than 325 square feet counting all sides. In addition, informational signs no more than 64 inches in height and containing no more than 35 square feet shall not constitute a free-standing sign. 5. All lighting, including special lighting to highlight automobiles and especially the hoods and grilles of such automobiles, must be directed downward and shielded with can -type shades so that the shade and the axis of the light is perpendicular with the ground. 6. All rooftop equipment must be completely screened using similar metals and colors to those used on the exterior of the building. Screening includes the sides and tops of such rooftop equipment. 7. All access to the site is limited to West 35th Street. (Deleted, see Condition No. 21) , 8. Any car testing done outside of the Belt•Line Industrial Park area shall be done towards Highway 100 and using Highway 100. 9. All drainage shall be in accordance with the Drainage Plan, Exhibit E. 10. All site improvements, including buildings, landscaping, and access, shall be completed by October 15, 1978. - 11. That the applicants, including current owner and purchaser of the property, agree to delete Condition No. 2 of the slope easement dated September 18, 1975; to work with the City to clarify Condition No. 3 of said easement and the development of a landscape plan for said slope within 60 days after obtaining a construction permit, and to further make adjustments to the agreements or easements necessary to effectuate these conditions hereby approved. 12. The sale and display of motor vehicles on the site shall be permitted in accordance with Exhibit A -la, so that the prior designed write up area may be utilized as a showroom for vehicle sales and display as shown on said Exhibit A -la and the lighting of the adjacent outdoor area may be made comparable to that area adjacent to the prior existing showroom. 13. The applicant represents and warrants that Town's Edge Ford, Inc. has determined to cease the sale and service of heavy duty trucks and pursuant to said determination has reduced its inventory of said heavy duty trucks and shall cease the sale, service, and display of heavy duty trucks on or before June 30, 1901. 14. The applicant represents and warrants that Kay Motors, Inc. has determined to cease its use of the premises at 5101-5123 Minnetonka Boulevard for the sale of new and used motor vehicles and, from and after the date of the adoption of this resolution, shall not utilize said premises for the sale of new and used motor vehicles. There shall be no service of vehicles after December 31, 1932. 15. That a service write-up area be allowed to be located at the north side of the building and a new driveway be allowed on 35th Street in accordance with Exhibit F and subject to the following conditions: a. That the sign be placed on the western edge of the driveway at least twenty feet off the lot line and shall not be any more than five feet in height or a sign no greater than thirty inches in height be allowed within the setback area. b. That the easterly driveway be closed and the area resodded. c. That existing tree(s) located at the proposed point of the new driveway be relocated to the boulevard area to the east or west of the curb cut and that any lighting or other utility be relocated according to City specifications. d. That the curb cut be designed in accordance with City specifications. e. That all work be completed by May 15, 1982. 16. That modifications to the exterior elevation will be allowed as related to the removal of the small windows at the west end of the north elevation of the easterly building and replacement by a large window approximately fourteen feet long and a door and a second window area without a door measuring approximately fourteen feet long as shown on Exhibit G. 17. That variations in the existing plan for street entrances and modifications in signage be allowed subject to the following conditions: 1. The site should be developed, used, and maintained in accordance with Exhibit H, Dimension, Lighting, and - Landscape Planting Plan. 2. The applicant shall submit a proposed sign policy by January 15, 1983 to City staff for evaluation and review. Said policy shall generally adhere to the parameters listed in the staff report. 3. All improvements shall be completed by December 31, 1982. 18. An addition not exceeding 450 square feet in floor area may be constructed on the east side of the building as shown on Exhibit I, Body Shop Remodel, which is included for purpose of the addition only. (Exhibit on file in the City Development Department at the City of St. Louis Park) 19. That the site be developed, used and maintained in accordance with Exhibit J - Site Plan and Exhibit K - Building Elevations. (Deleted by Condition No. 20) 20. The site shall be developed, used and maintained in accordance with Exhibit L - Site Plan, Exhibit M - Landscaping Plan, Exhibit N - Building Elevations and Exhibit 0 - Proposed Drive -way Site and Grading Plan, such documents incorporated by reference herein; Condition No. 19 is hereby deleted. ( Rev i sed by Cond i t i on No . 23 ) 21. The proposed access from 36th Street shall be inbound to the site only and the applicant must execute an agreement with the City to construct the access and all necessary intersection improvements at the applicant's sole expense subject to approval of plans and specifications by the City; Condition No. 7 is hereby deleted. 22. All improvements shall be completed prior to issuance of a Certificate of Occupancy. (Revised by Condition No. 23) 23. The conditional use pernvt shall be amended pursuant to Planning Case No. 96 -18 -CUP to permit a showroom and office addition subject to the following conditions: a. The site shall be developed, used and maintained m accordance with Exhibit P - Proposed Site Plan, Exhibit Q - Proposed Addition and Remodeling Plan, Exhibit R - Second Floor Plan and Exhibit S - Building Elevations; such documents incorporated by reference herem. Condition No. 20 is hereby revised to delete reference to Exhibit L - Site Plan and Exhibit N - Building Elevation. b. Assent form and approved exhibits must be signed by applicant and owner pnor to issuance of building pernut. c. All improvements shall be completed prior to issuance of a Certificate of Occupancy for the addition. A temporary Certificate of Occupancy may be issued pnor to completion of all landscaping improvements, provided a Letter of Credit in the amount of 125% of the remammg improvements is submitted to the City m a form acceptable to the City Attorney. Condition No. 22 is hereby revised. r ATTEST: ,/, City Clerk Reviewed for administration: 96 -18 -CURES 10 31 j Adopted by the City Council September 3, 1996