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HomeMy WebLinkAbout99-89 - ADMIN Resolution - City Council - 1999/08/02RESOLUTION NO. 99-89 Amends Resolutions 99-31 90-76 84-09 7070 7061 7062 6078 A RESOLUTION AMENDING RESOLUTION NO 99-31 ADOPTED ON MARCH 15, 1999 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, HealthSystems Minnesota (HSM) and Frauenshuh Companies has made application to the City Council for an amendment to a continued special permit under Section 8-6 of the St Louis Park Ordinance Code to allow facade and building modifications to a two story bank/dental building with bank drive-through at 4951-4959 Excelsior Boulevard within a C-2 Commercial District having the following legal description. SEE ATTACHED LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case Nos 98 -41 -CUP and 99 -20 -CUP and the effect of the proposed modifications to the 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 WHEREAS, a continued special use permit was issued regarding the subject property pursuant to Resolution No 98-31 of the St Louis Park City Council dated March 15, 1999 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 Resolution No 99-89 -2- WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No 99-31 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 98 -41 -CUP and 99 -20 -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 98-41(Document not filed) 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 modifications to a two story bank/dental building 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 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 Resolution No 99-89 -3- 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 6 The continued special use permit shall be amended on August 2, 1999 (Case No 99 -20 -CUP) to incorporate all of the preceding conditions and add the following conditions a Exhibit H, Elevations, to be replaced by Exhibit I - New Elevation Drawings b The total floor area of the building is limited to 12,324 square feet c Building materials samples to be approved by the Planning Manager prior to issuance of building permits d Windows on north facade are to be five foot wide mullioned windows e 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 Reviewed for Administration Attest Adopted by the City Council August 2, 1999 i Resolution No. 99-89 LEGAL DESCRIPTION CASE NO. 99 -20 -CUP LEGAL_ D€SIPTICN Commencing at a pont in bte center line of Excelsior Avenue distant 1056 feet Northeasterly long said center line from its ieter9eetuon with the center line of Wooddele Avenue, thence South 25 degrees East to the South file of the Northeast Cueter of the Northwest Cucrter. thence East along sad South line of the Northeast Cuarter of the Northwest Ouorter to the Southwest corner of 0ougies Pax. now vacated (this Deng the west line of Clients" Avenue as opened); thence North along the West line of sad Douglas Parte 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. Rouge 24. Hennepin County, Winne -rota RECCt4MENC£D LANES DESMPTICN That pert of the North Hoff of the Northwest Quarter of Section 7. Township 28, Renge 24. City of St. Loud Parte. Hennepin County. Lnnesota. being more partc..ilerty described as follows Commencing of the nte--ectron of the center line of Wooddcie Avenue and the center line of Excelsior Beuievord: thence North 36 degrees 39 minutes 38 second, East, assumed bung, long said center line of Excelsior Boulevard. a distc ince of 1056 00 feet to the pont of beginning of the pored of land to be descrbed; thence South 26 degrees 02 minutes 21 seconds East, a distance of 422.28 feet to the northeasterly comer of Stock 1 of 3ROCNVAEfl ADOLTICN. Hennepin County, Lnnesota, an file in the office of the County Recorder. Hennepin County, Minnesota: thence South 25 degrees 49 minutes 18 seconds E=t. along the easterly line of sod sock 1, a listeners of 106.54 feet to the south rine of Northeast Quarter of the Northwest Quarter of sad Section 7; thence South 89 degrees 37 minutes 54 seconds East. along said south tine, a distance of 86.83 feet to the west line of Quentin Avenue (now opened); thence North 00 decree9 24 minutes 08 seconds Wit, along said west line of Quentin Avenue (now opened). a dtstance of 611.62 feet to the Center line of said :xcets or Boulevard: thence South 66 degrees 39 minutes 36 seconds West. long sand center line. a distance of 342.37 feet to the point of beginning. Saud parcel of land contains 2.684 pees of kind, more or less. and is subject to existing easements of record. (Abstract) • CITY OF ST Lours PARK • 7171498 -Z(o-99 Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No 99-89, adopted August 2, 1999, 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 Deputy City Clerk Date August 13, 1999 qq-ace • Resolution No. 99-89 -2- WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 99-31 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 98 -41 -CUP and 99 -20 -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 98-41(Document not filed) 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 modifications to a two story bank/dental building 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 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 71714 1 OFFIE PCCOPOER HENKPIN MiNNESOTA CUT Fu E LD ArC OR 139 AUG 26 AN 8: 43 • :7171498 r , CrP L C 4:7.) n_, COPYFEE ssene,%es ,smann. COPY FEE_ ChA) Cade goe# earybeviffitati,?ev