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HomeMy WebLinkAbout99-31 - ADMIN Resolution - City Council - 1999/03/15RESOLUTION NO. 99 - 3 1 Amends Resolutions 90-76 84-09 7070 7061 7062 6078 2 A RESOLUTION AMENDING RESOLUTION NO. 90-76 ADOPTED ON JUNE 18, 1990, AND GRANTING AN AMENDMENT TO A CONTINUED SPECIAL USE PERMIT UNDER SECTION 8-6 OF THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A TWO STORY BANK/DENTAL BUILDING WITH BANK DRIVE-THROUGH AT 4951-4959 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Health Systems Minnesota (HSM) and Frauenshuh Companies have made application to the City Council for an amendment to a continued special use permit under Section 8-6 of the St. Louis Park Ordinance Code to allow a two story bank/dental building with bank drive-through at 4951-4959 Excelsior Boulevard within a C-2 Commerical District having the following legal description: ATTACHED LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case No. 98 -41 -CUP and the effect of the proposed two story bank/dental building with bank drive- through 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 T., WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 90-76 of the St. Louis Park City Council dated June 18, 1990 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. 90-76 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 98 -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. 90-76 filed as Document No. 5674537 is hereby restated and amended by this resolution which continues and amends a continued special use permit to the subject property for the purposes of permitting a two story bank/dental buildilng with bank drive-through within the C-2 Commercial District at the location described above based on the following conditions: 1. Occupancy of the east structure as a Diagnostic Imaging Center is conditioned upon maintenance of the property in the same manner as indicated on Exhibit A, preliminary plat for Hoyt Second Addition as it relates to the physical appearance of the property. Any modification to this shall require an amendment to the special permit Minor modification to the exterior of the building such as addition or deletion of a door or window may be permitted without special permit amendment. 2. Any dead landscaping materials on the site shall be removed and replaced with material of a like kind and quality and all weeds and other materials shall be removed. Landscaping shall continue to be maintained. 3. No lighting shall be permitted on the site which directs light rays directly across property lines. 4. A stop sign for vehicles exiting onto Quentin Avenue through the southerly curb cut shall be installed. 5. The continued special use permit shall be amended on March 15, 1999 to incorporate all of the preceding conditions and add the following conditions A. The site shall be developed, used and maintained in accordance with Exhibits B through H, such documents incorporated by reference herein and revised according to the conditions following. B. Prior to any site work, permits from the Watershed District, Hennepin County Transportation, and other agencies shall be obtained as required and the assent form and exhibits shall be signed by the applicant and owner. r f C. Prior to issuance of a building permit, which may impose additional requirements, the following conditions shall be met: a. Plans are to be revised to show information as required by the Fire Department. b. Lighting plans are to be approved by the Zoning Administrator. c. The Developer and Landowner shall enter into a development agreement with the City to memorialize and finalize the conditions herein, including conditions 4 and 5 below. d. Assent form and official exhibits must be signed by applicant and owner. D. At such time that Quentin Avenue may be realigned in the approximate location shown on the Future Site Plan, the following conditions must be met within one year of completion of the roadway improvements and at the property owner's expense: a. Landscaping equal to a minimum bufferyard "D" shall be installed along Quentin Avenue as far south as the driveway access, as shown on Future Site Plan. A landscape plan shall be approved by the Zoning Administrator prior to installation. b. A 30" high brick face wall to be installed between the drive through and public sidewalks as shown on Future Site Plan. c. Twelve parking spaces adjacent to Quentin Avenue in the south parking lot to be returned to green space, unless the developer can demonstrate that this parking is needed by the current uses. E. If Quentin Avenue is not realigned, or if it is realigned in a manner substantially different than as shown on the Future Site Plan, the developer shall make necessary and reasonable changes to ensure that the property continues to comply with Zoning Ordinance requirements, and shall work with staff to mitigate any potential negative impact of the drive through use on surrounding development. Reviewed for Administration: Attest: Civ Clerk 98-41 /N/res/ord Adopted by the City Council on March 15, 1999 LEGAL DESCRIPTION CASE NO. 98 -41 -CUP LEGAL DESCRIPTION Commencing at is pont n the center line of Excelsior Avenue distort 1056 feet Northeasterly along said center Line from its rnterseetion with the center line of Wooddole Avenue. thence South 25 degrees East to the South line of the Northeast Quarter of the Northwest Quarter. thence East along said South IN of the Northeast Quarter of the Northwest Ouarter to the Southwest corner of Douglos Parte. now vacated (this being the west line of Quentin Avenue as opened); thence North along the West line of said Douglas Park to the center line of said Excelsior Avenue. thence Southwesterly along said center line to the point of beginning. all n Section 7. Township 28. Range 24. Hennepin County, Minnesota RECOMMENDED LAND DESClP110N That part of the North Half of the Northwest Quarter of Section 7, Township 28. Range 24. City of St. Lours Park. Hennepin County. Minnesota. beng more perticularly described as follows. Commencing at the intersection of the center line of Wooddele Avenue and the center Ine of Excelsior Boulevord; thence North 66 degrees 39 .ninutes 38 seconds East, assumed bearing, along said center line of Excelsior Boulevard. a distance of 1056 00 feet to the posit of beginning 01 the pored of land to be described, thence South 26 degrees 02 minutes 21 seconds East, a distance of 422.28 feet to the northeasterly comer of Block 1 of 9ROOK` IEW ADDITION. Hennepin County, Minnesota. on fele in the office of the County Recorder, Hennepin County, Alinnesotcr. thence South 25 degrees 49 minutes 18 seconds East. long the easterly line of said Block 1, a distance of 106 6; feet to the south line of Northeast Quarter of the Northwest Quarter of said Section 7, thence South 89 degrees 37 minutes 54 seconds East, along said south line. a distance of 86.8.3 feet to the west line of Quentin Avenue (now opened). thence North 00 degrees 24 minutes 08 seconds West. along sold west line of Quentin Avenue (now opened). a distance of 611.62 feet to We center line of said `xcelsor doulevord: thence South 66 degrees 39 minutes 38 seconds West. oolong sod center line. a distance of 342 37 feet to the point 01 beginnng Saud parcel of land contains 2 584 ores of fond. more or less. and is subpct to existing easements of record_ (Abstract) RESOLUTION NO. 99 -3 1 Amends Resolutions 90-76 84-09 7070 7061 7062 6078 Ill A RESOLUTION AMENDING RESOLUTION NO. 90-76 ADOPTED ON JUNE 18, 1990, AND GRANTING AN AMENDMENT TO A CONTNUED SPECIAL USE PERiMIT UNDER SECTION 8-6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A TWO STORY BANK/DENTAL BUILDNG WITH BANK DRIVE-THROUGH AT 4951-4959 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Health Systems Minnesota (HSM) and Frauenshuh Companies have made application to the City Council for an amendment to a continued special use permit under Section 8-6 of the St. Louis Park Ordinance Code to allow a two story bank/dental building with bank drive-through at 4951-4959 Excelsior Boulevard within a C-2 Commerical District having the following legal description: ATTACHED LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case No. 98 -41 -CUP and the effect of the proposed two story bank/dental building with bank drive- through 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 theiComprehensive Plan; and • • C. Prior to issuance of a building permit, which may impose additional requirements, the following conditions shall be met: a. Plans are to be revised to show information as required by the Fire Department. b. Lighting plans are to be approved by the Zoning Administrator. c. The Developer and Landowner shall enter into a development agreement with the City to memorialize and finalize the conditions herein, including conditions 4 and 5 below. d. Assent form and official exhibits must be signed by applicant and owner. D. At such time that Quentin Avenue may be realigned in the approximate location shown on the Future Site Plan, the following conditions must be met within one year of completion of the roadway improvements and at the property owner's expense: a. Landscaping equal to a minimum bufferyard "D" shall be installed along Quentin Avenue as far south as the driveway access, as shown on Future Site Plan. A landscape plan shall be approved by the Zoning Administrator prior to installation. b. A 30" high brick face wall to be installed between the drive through and public sidewalks as shown on Future Site Plan. c Twelve parking spaces adjacent to Quentin Avenue in the south parking lot to be returned to green space. unless the developer can demonstrate that this parking is needed by the current uses. E. If Quentin Avenue is not.realigned, or if it is realigned in a manner substantially differe.nt than as shown on the Future Site Plan, the developer shall make necessary and reasonable changes to ensure that the property continues to comply with Zoning Ordinance requirements, and shall work with staff to mitigate any potential negative impact of the drive through use on surrounding development. Reviewed for Administration: Attest: 40 93-41/N/res/ord Adopted by the City Council on March 15, 1999 • • LEGAL DESCRIPTION CASE NO. 98 -41 -CUP LEGAL. DESCRIPTION Commencing at a point in trier center Ibie of Excelsior Avenue distant 1056 feet Northeasterly along said center line from its ntersectroxn with the center line of Wooddde Avenue; thence South 25 degrees East to the South line of the Northeast Quarter of the Northwest Quarter. thence East Bong said South line of the Northeast Quarto of the Northwest Quarter to the Southwest corner of Douglas Park. now vacated (this being the west line of Quentin Avenue as opened); thence North along the West Zine of said Douglas Park to the center line of said Excelsior Avenue: thence Southwesterly along said center line to the point of beginning. all in Section 7. Township 28. Range 24. Hennepin County. lane -.,oto RECOMMENDED LAND DES PTION That part of the North Half of the Northwest Quarter of Section 7. Township 28. Range 24. City of St. lours Park. Hennepin County. Minnesota, beng more particularly described as follows: Commencing at the intersection of the center line of Wooddale Avenue and the center line of Excelsior Boulevard; thence North 66 degrees 39 minutes 38 seconds East, assumed becnng, dong said center Zine of Excelsior Boulevcra. o drstonce of 1056 00 feet to the point of beginning of the parcel of said to be described; thence South 26 degrees 02 minutes 21 seconds East, a distance of 422.28 feet to the northeasterly comer of Block 1 of 8R0CKVIEN ADOITICN, Hennepin County, Minnesota, on file n the office of the County Recorder. Hennepin County, Minnesota; thence South 25 degrees 49 minutes 18 seconds East. Bong the easterly line of said Block 1, o distcnce of 106 64 feet to the south line of Northeast Quarter of the Northwest Quarter of said Section 7, thence South 89 degrees 37 minutes 54 seconds East, along said south line. a distance of 86.83 feet to the west line of Ouentn Avenue (now opened), thence North 00 degrees 24 minutes 08 seconds W. along so,d west line of 0uentn Avenue (now opened), a distance of 611.62 feet to the center line of said Excelsior Boulevard: thence South 66 degrees 39 minutes 38 seconds West. along sad center line. a distance of 342.37 feet to the pont of beginning Said parcel of land contains 2.684 o=es of land. more or less. and is subject to existing easements of record. (Abstract) • • 0 C. EtG J -GOR 1` HEN [( i9' t4E3O CEP: 't 0 l it Eli_ '•u tJ r� J AHF 12 13.1=110: 5 7094028 Duplicate Filing Certificate n_PU'i Y