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HomeMy WebLinkAbout98-63 - ADMIN Resolution - City Council - 1998/04/201 RESOLUTION NO. 98 ® 6 3 Amends Resolutions 93-110 A RESOLUTION AMENDING RESOLUTION NO 93-110 ADOPTED ON AUGUST 2, 1993, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14 5- 5 3(D)(1) OF THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO REBUILD EXISTING SERVICE STATION AND ADD A CONVENIENCE STORE AND AUTOMATIC CAR WASH AT 7200 AND 7244 CEDAR LAKE ROAD FINDINGS WHEREAS, Michael DuPont has made application to the City Council for a conditional use permit under Section 14 5-5 3(D)(1) of the St Louis Park Ordinance Code to allow the rebuilding of an existing service station the addition of a convenience store and automatic car wash for property at 7200 and 7244 Cedar Lake Road witnin a C-2 General Commercial District having the following legal descnption• Parcel 1 Lot 9, Home Addition to St Louis Park, except that part lying East of a line drawn parallel to the East line of said lot 9, from a point on the North line thereof distant 150 feet West from the Northeast corner.thereof, and except the Southerly 7 feet of said Lot 9, and Parcel 2 That part of Lot 9, Home Addition to St Louis Park, lying South of North 87 1 feet thereof, front and rear and lying East of a line drawn parallel with the East line of said Lot 9 from a point on the North line thereof distant 150 feet West from the Northeast corner thereof (Abstract) WHEREAS, the City Council has considered the information related to Planning Case No 93 -32 -CUP and 98 -2 -CUP and the effect of the proposed rebuilding of an existing service station and the addition of a convenience store and automatic car wash 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 i3-110 of the St Louis Park City Council dated August 2, 1993 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 93-110 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 93 -32 -CUP and 98 -2 -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 93-110 filed as Document No 6130563 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting the rebuilding of an existing gas station and the addition of a convenience store and car wash within the C-2 General Commercial Distnct at the location described 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 - Landscaping Detail, modified to reduce the landscaped island between the pump islands and Louisiana Avenue to 5 feet m width and to show details of the landscaped island between pump island and Cedar Lake Road and portion of the landscaped island between Cedar Lake Road adjacent to intersection and the site running westerly from intersection in a manner acceptable to staff The site shall also be developed, used and maintained in accordance with Exhibit C - Canopy Elevation Plan Exhibits referred to are incorporated by reference herein 2 Development and use of the site shall be consistent with the 'arnances approved by the Board of Zoning appeals Resolution No 6-93 approved July 22, 1993 3 The applicant will enter into a Development Agreement with the City which identifies the applicant's and City's responsibilities as they relate to one another in improvements of the site and reconstruction of Louisiana Avenue and Cedar Lake Road 4 The improvements/modifications shall be completed according to the following schedule a Site improvements other than street access modifications and landscaping improvements by August 2,1994 b Street access modifications by completion of the intersection reconstruction c Landscaping improvements by one calendar year after completion of intersection reconstruction or January 1, 1997, whichever occurs earlier 5 The conditional use permit shall be amended on Apnl 20, 1998 to incorporate all of the preceding conditions and add the following conditions 1 J 1 a The site shall be developed, used and maintained in accordance with Exhibit Al - Site Plan, B1 - Landscape Plan, C 1 - Canopy Elevations, DI - Utility Plan, El - Grading Plan and Fl - Elevations; such documents incorporated by reference herein. i) The overhead door accessing the service area on the west elevation shall be glass ii) The applicant shall submit irrigation plans and lighting photometrics for approval by the Zoning Administrator prior to issuance of building permits. iii) The applicant shall execute a shared parking and access agreement with the City of St. Louis Park in a form acceptable to the City Attorney prior to issuance of demolition permits for the existing service station and permits for the new convenience store The agreement shall include the respective responsibility for construction, payment, and maintenance of improvements, and the cost of replacement of any trees that will be removed or damaged as part of the construction process iv) The applicant shall submit a new sump and storm drain easement which must be approved by the Public Works Department and executed prior to abandonment of the old storm sewer line v) A lot combination must be filed prior to issuance of building permits vi) Utility relocations including replacement of the City's street lighting service that is part of the NSP power line on the property The relocations must be approved by the Public Works Department prior to initiating site work vii) The hours of operation shall be limited as follows Car Wash - 7am to 10pm Convenience Store and Gas - 5 30 a.m to 12 midnight Auto Service - 6 a In to 10 p m viii) 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 ix) 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 an occupancy permit ATTEST: Reviewed for administration. /City Manager 98-2 RES 12 Adopt di y the City Council Apnl 20, 1998 eLd AD-7210y- Mayor