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HomeMy WebLinkAbout97-125 - ADMIN Resolution - City Council - 1997/10/06i RESOLUTION NO. ' 9 25 Amends Resolutions 86-205, 86-185 and 86-111 A RESOLUTION AMENDING RESOLUTION NO. 86-205 ADOPTED ON DECEMBER 15, 1986 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A BUILDING EXPANSION TO AN EXISTING MEMBERSHIP WHOLESALE WAREHOUSE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT 3745 LOUISIANA AVENUE SOUTH FINDINGS WHEREAS, Wal-Mart stores, Inc. (Sam's Club) has made application to the City Council for an amendment to an existing special permit under Section 14.8-6.4(D) of the St. Louis Park Ordinance Code to allow a 10,000 square foot expansion to the existing membership wholesale warehouse at 3745 Louisiana Avenue South within a C-2 General Commercial District having the following legal descnption: See Attached Legal Descnption WHEREAS, the City Council has considered the information related to Planning Case Nos. 83 -36 - SP, 86 -90 -SP and 97 -17 -CUP and the effect of the proposed building expansion 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. 86-111 of the St. Louis Park City Council dated July 21, 1986; and subsequently amended by Resolution Nos. 86-185, dated November 3, 1986, and 86-205 dated December 15, 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 mtent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 86-205 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 File 97 -17 -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 11' RESOLVED that Resolution No. 86-205 filed as Document No. 5202197 is hereby restated and amended by this resolution which continues and amends a special (conditional use) permit to the subject property for the purposes of permitting a building expansion within the C-2 General Commercial District at the location described above based on the following conditions• 1 Except as amended and revised by later conditions (See Conditions 7, 8 and 9), the site shall be developed, used and maintained in accordance with Exhibit A - Site Plan; exhibit B - Grading, Drainage and Erosion Control Plan; Exhibit C - Landscape Plan; Exhibit D - Elevation Plan; subject to the following conditions: (Exhibits are on file in the Community Development Department at the City of St. Louis Park.) 2. The grading plan shall provide for a berm for flood plam protection along the westerly lot line extending approximately 500 feet northerly from the southwest comer in accordance with the specifications of the Public Works Department. 3. The applicant and owner hereby, acknowledge that the subject property and abutting area subject to a subwatershed drainage area study (MC -19) which will provide a plan for detention and storage of flood water thereby allowing fill and development of the subject property located in a F-2, flood plam district. The applicant and property owner further acknowledge their agreement to execute an agreement with the City (as prepared and approved by the City Attorney) to cover the cost allocated to the subject property and to post the cash amount, letter of credit, or other secunty as prescnbed by said agreement. Failure to execute such agreement within 30 days after submission shall invalidate this special permit resulting m it being automatically canceled and rescinded. Said agreement must, however, be executed pnor to grading or filling the site and prior to issuance of a building penrut to construct any of the improvements described m the resolution as shown on the exhibits. 4. Any structure constructed on the lot shall have the lowest floor elevation at or above elevation 183.7 City Datum or 894.0 NGVD. 5. All lighting except globe lighting shall be directed perpendicular to the ground and standards shall not be higher than 30 feet offthe ground. 6. There shall be no outdoor storage of trash, trash containers or compactors other than as shown and screened on the site plan. 7 Condition No. 1 is hereby amended to provide for a driveway of approximately 40 feet wide instead of 30 feet wide with adjustments to the adjacent parking area and with the inclusion of landscaping as shown on Exhibit E. 8. A landscaped berm along the east and northeast corner of the property as shown on Exlubit E, is hereby permitted as an option, subject to minor adjustments to the Drainage Plan as may be required by Public Works. 1 9 The special (conditional use) permit shall be amended on October 6, 1997 (Case No. 97 -17 -CUP) to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit F - Revised Site Plan, Exhibit G - Revised Landscape Plan, Exhibit H - Proof of Parking and Exhibit I - Revised Elevations such documents incorporated by reference herein. b. The applicant shall submit a letter of credit in an amount equal to 150% of the cost of the landscaping improvements prior to issuance of a building permit. c. If additional parking spaces are needed because of complaints received by neighboring properties, the Zoning Administrator may investigate the parking problems and order that the parking lot be restriped in whole, or in part, consistent with the Proof of Parking Plan (Exhibit H). d. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. ATTEST: ty Clerk Reviewed for administration: 97-17•RES11 1 Ado ted • y th Ci Council October 6, 1997 Mayor LEGAL DESCRIPTION (CASE NO. 97 -17 -CUP) Par 1: That part of Lot 2, Block 162, "Rearrangement of St. Louie Park" lying South of the North line of Lot 11 in eaid Block extende East together with all That part of the Northerly Half of Second Street vacated lying Nest of the West line of Monitor Street and Easterly of a line which is parallel to and 25 feet Southwesterly at right angles from the center line of the spur track of the Minneapo 6 St. Louie Railroad Company and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, according to the recorded plat thereof. Jutject to an easement for street and utility purposes over the Easterly 10 feet of the above described land in favor of the City of St. Louie Park ae contained in the instrument recorded in the Office of the Ilennepin County Recorder as Documfnt No. 4605316; 1 2: The South 30 feet of Lots 10 and 22 (as measured at right angles to the South line of said Lots 10 and 22); and That part of the South 30 feet of Lot 33 (as measured at right angles to the South line of said Lot 33) which lies Easterly of the following described linea Beginning at a point on the Northerly line of Lot 33, distant 66 feet (ae measured along the Northerly line of said Lot 33) Eaeterly from its Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, distant 6l feet (ae•measured along the Northerly line of said Lot 35) Eaeterly from its Northwesterly corner and there termineting; except the South 10 feet of the Meet 10 feet of said part of Lot 33, Block 162, Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the office of the Registrar of Titles In and for said County. Par 31 Lots 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21, Block 162; That part of the following described property: Lots 171 34, 44, 36, 37 and 38 Block 162; Ali of Block 1041 Ali of the Southerly 1/2 of Second Street vacated lying between extensions across it of the Easterly line of Lot 1 and the Nedtetly line of Lot 17 of said Block 164, and all of the Northerly 1/2 of Second Street vacated, lying Enst of an extension across it of the Neat line of eaid Lot 17 and Nest of a line across said strip of land which is parallel to and 25 feet Southwesterly at right anglbe ttdre the center line of the spur track of the Minneapolis 6 St. Louie Railroad Company and Chicago, Milwaukee, St. Paul and l'acifib kaiiroad Company, which lied kadterly of the following described lines Begiiuiing al g point on the Northerly line of Lot 3i, Block Ib2, distant 66.00 feet from its Northwesterly corner, thence Sohtlikklyi to h point on the Northerly line of said Lot 35, distant 61.00 feet from ite Northwesterly corner, thence Southerly to A bbiht bn'lI1e Southerly line of Said Lot 17 Block 162, distant 81.00 feet from its Southwesterly corner, thence Southerly to a poiht bn tt:e Northerly line of Lot 16, Block 164, distant 21.00 feet from its Northwesterly corner, thence Southerly Eli 1 Mint oh�E1:e Southerly line of said Lot 16, distant 14.00 feet from its Southwesterly corner. Exchpt !hi Wag 10 feet of the Neel lo feet of that part of Lot 34, Block 162, lying Easterly of the above described line, all in Reatrah hm&tit Of'st. Lould Park, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said bounty! "')'� . . (Torrens) i