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HomeMy WebLinkAbout00-073 - ADMIN Resolution - City Council - 2000/06/05• • RESOLUTION NO. 00-073 Amends Resolutions 99-013, 96-99, 92-165 A RESOLUTION AMENDING RESOLUTION NO. 99-013 ADOPTED ON FEBRUARY 7, 2000, AND GRANTING AN AMENDMENT TO A CONTINUED SPECIAL PERMIT UNDER SECTION 8-6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MORE THAN ONE BUILDING ON THE PROPERTY LOCATED AT 5320 W 23RD STREET FINDINGS WHEREAS, Novartis Nutrition has made application to the City Council for a an amendment to a continued special permit under Section 8-6 of the St Louis Park Ordinance Code to allow more than one building on the property located at 5320 W 23`d Street within a I -G General Industrial District having the following legal description See Attached Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos 99 -26 -CUP and 00 -23 -CUP and the effect of the proposed amendment 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, an amendment to a continued special use permit was issued regarding the subject property pursuant to Resolution No 00-013 of the St Louis Park City Council dated February 7, 2000 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 continued special permit, and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No 00-013 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 99 -26 -CUP and 00 -23 -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 00-013 (Document not filed) is hereby restated and amended by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting more than one building on a lot within the IG, General Industrial District 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 - Elevation Plan (Exhibits on file in the City Development Department at the City of St Louis Park ) 2 All improvements, including the warehouse addition and landscaping as shown on Exhibits A and B shall be completed by May 15, 1981 Resolution No. 00-073 -2- 3. That an expansion consisting of a warehouse, spray tower, administrative building, mixing and packaging building, and a mechanical/maintenance building are hereby allowed subject to the following conditions a. That the site be developed, used and maintained in accordance with Exhibit C - Site Plan, Exhibit D - Composite Elevations, Exhibit E - Planting Plan; and Exhibit F - Site Layout. (See Condition 7 for modification to Exhibit C). b. Acceptance of the scored burnished block on the south wall on Building No. 10 is for an intenm period only, and said wall shall be improved with a bnck facade unless expansion to the south commences on or before May 1, 1986. c. That there be no rooftop equipment on the drying tower and that other rooftop equipment be screened as shown on the plans. d. That all improvements including landscaping, parking, buildings and other features as shown on Exhibits C, D, E and F be completed by May 15, 1983. 4. The new office, processing and warehouse addition be constructed in accordance with Exhibits G - Area Plan; Exhibit H - Utility Plan; Exhibit I - Landscape Plan; and Exhibits J, K and L - Elevation Plans, subject to the following conditions: a. Use and the improvements of the temporary lot located on the south side of West 23rd Street is temporary extending until October 15, 1988. b. The applicant and the applicant's successors and assigns agree to cooperate with the City in the implementation of an improved drainage plan for the site and area c. All improvements including building, landscaping, curbing and other elements shown on the exhibits shall be completed by October 15, 1985. 5. The site be developed, used and maintained in accordance with Exhibit M - Site Plan with respect to providing a new driveway which shall be completed by May 15, 1986. 6. That the liquid storage facility containing approximately 14,000 square feet be permitted in accordance with Exhibit N - Site Plan; Exhibit 0 - Elevation Plan; and Exhibit P - Floor Plan, subject to the following. a. That the extenor on the south elevation be bnck and that the bnck on the east elevation be allowed to be delayed until May 15, 1991. 7. The continued special permit shall be amended pursuant to Planning Case No. 92 -59 -SP to permit a secunty fence subject to the following conditions: a. Exhibit C - Site Plan is hereby modified by Exhibit Q - Fence Location b. The fence shall be constructed of green vinyl clad chain link and shall not exceed 6 feet in height. 8. The continued special permit shall be amended pursuant to Planning Case No. 96 -13 -CUP to permit construction of two separate additions to an existing building subject to the following conditions: a The site shall be developed, used and maintained in accordance with Exhibit R - Site Plan; Exhibit S - Partial Site and Landscape Plan, Exhibit T - Foundation Plan; Exhibit U - Floor Plan, and Exhibits V, W, X and Y - Elevations which are modified according to the following conditions: i. Upon the use of standard C.M.0 instead of rock face block, it must be painted to match the color of the existing building, thus reducing the ability to decipher the new additions from the older, existing structure. ii. The additions must both have an extension to the existing automatic spnnkler system in compliance with NFPA 13 standards. 111. Any new exits must be supplied with fire alarm manual pull devices in addition to the existing alarm system. Resolution No 00-073 -3- iv. Two evergreen trees 12' - 14' in height and three deciduous shade/overstory trees with a minimum of a 4" caliper will be planted along the northern property line, across from the existing 10B addition, and in a staggered pattern in order to provide screening of the loading area from the nearby residential development. The location of the said trees shall be approved by the Planning Coordinator v. The pavement will be extended to meet the traffic needs of the proposed additions as illustrated on Exhibit S - Site Plan. 9. The continued special permit shall be amended on February 7, 2000 (Case No 99 -29 - 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 Z, Site Survey and Exhibit AA, building elevations; such documents incorporated by reference herein b. Approval of a building permit, which may impose additional requirements. c Prior to any site work, assent form and official exhibits are to be signed by the applicant (or applicant and owner if applicant is different from owner). d. The applicant shall continue to phase in new technology to reduce dust and odors from the operation. 10 The conditional use permit shall be amended on June 5, 2000 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 BB and CC, such documents incorporated by reference herein. b Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Sign assent form and official exhibits. 2. Submit to the City a copy of owner's policy of title insurance which insures the City's interest in the plat, in an amount to be determined by the City. 3. A development agreement is not required to be executed 4 Reimbursement of City attorney's fees in drafting/reviewing such documents c. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording The subdivider shall also provide a copy of the final plat on disc in an electronic data format. Revieyred for Administration: !C� City Manager Attest. C Clerk Adopte Ma by the/ CI Council June 5, 2000 • Resolution No. 00-073 EXHIBIT A LEGAL DESCRIPTION Parcel A• (Torrens - Certificate No. 525674) That part of Government Lot 1 and of the North 1/2 of Government Lot 4, Section 9, Township 117, Range 21, described as follows: to wit: Beginning at the Southeast corner of the North 1/2 of said Government Lot 4; thence West along the South line of said North 12 of Government Lot 4, a distance of 900 feet; thence North and parallel with the East line of Section 9 to a point distant 150 feet Southeasterly measured at right angles from the center line between two main tracks of the railway of the Great Northern Railway Company as now located across said Government Lot 1 and the North 1/2 of Government Lot 4; thence Northeasterly parallel with said center line and 150 feet distant therefrom to the East line of Government Lot 1; thence South along the East line of said Government Lot 1 and the East line of Government Lot 4 to the point of beginning, Hennepin County, Minnesota. illParcelB• (Torrens - Certificate No. 645506) • The Southwesterly 5 feet of the following described tract: That part of the Northwest Quarter of the Northwest Quarter, Section 31, Township 29, Range 24, described as beginning at the point of intersection of the Southerly right-of-way line of Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; thence Southerly along the Westerly right-of-way line of said Highway 377.6 feet; thence Westerly parallel to the Southerly right-of-way line of said Railway Company 140 feet, thence Northerly at right angles 330 feet to the Southerly right-of-way line of said Railway Company; thence Easterly along said right-of- way line to the point of beginning, Hennepin County, Minnesota. ParcelC; (Torrens - Certificate No. 598853) Tracts A and B except that part of the Easterly 50 feet of Tract A which lies Southerly of the Southerly line of Tract C and its Westerly extension and except that part of Tracts A and B lying Easterly and Southerly of a line parallel with and 22.5 feet Easterly and Southerly of a line described as beginning at a point in the South line of said Tract B distant 4433 feet Easterly, as measured along said South line from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of the Southerly right of way line of the Great Northern Railroad right of way; thence North 73 degrees 08 minutes East along last said parallel line to the Easterly line of Tract C in Registered Land Survey No. 493 and there terminating and except that part of Tract A lying Northwesterly of the Southwesterly extension of a line which lies 30 feet Northwesterly of and Resolution No. 00-073 parallel with the Southeasterly line of Tract C and lying Northeasterly of a line which lies 94.0 feet Southwesterly of and parallel with the Southwesterly line of Tract C; For purposes of this description the West line of said Tract A is assumed to bear due North and South, and except the Northerly 35 feet of the Easterly 310 feet of that part of said Tract A lying Westerly of the Westerly line of Lot 1, Block 1, Delmark's 1st Addition, according to the plat thereof on file or of record in the office of the County Recorder of Hennepin County, Minnesota, and its Northerly extension, said 310 feet being measured along the Northerly line of said part of Tract A; The Southeasterly 30.0 feet of Tract C, measured at a right angle to and parallel with the Southeasterly line thereof, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin. Parcel D: (Torrens - Certificate No. 598852) The Northerly 35 feet of the Easterly 310 feet of that part of Tract A, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin, lying Westerly of the Westerly line of Lot 1, Block 1, Delmark's 1st Addition, and its Northerly extension, said 310 feet being measured along the Northerly line of said part of Tract A. Parcel E: (Torrens - Certificate No. 518987) Lot 1, Lot 2 except that part thereof lying Northerly and Westerly of the Southerly right-of-way line of the Great Northern Railway Company, Block 1, Delmark's 1st Addition, according to the plat thereof on file or of record in the office of Registrar of Titles in and for said County. Together with an easement for right-of-way over the Southerly 30 feet of the following described land: That part of the Northwest 1/4 of the Northwest 1/4, Section 31, Township 29, Range 24 described as beginning at the point of intersection of the Southerly right-of-way line of Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; thence Southerly along the Westerly right-of-way line of said Highway, 377.6 feet; thence Westerly parallel to the Southerly right-of-way line of said Railway Company 140 feet; thence Northerly at right angles 330 feet to the Southerly right-of-way line of said Railway Company; thence Easterly along said right-of-way line to the point of beginning as shown in deed recorded in Book 2119 of Deeds, Page 588, (now as to that part of Lot 2, Block 1 embraced within that part of the Northwest 1/4 of the Northwest 1/4, Section 31, Township 29, Range 24 described as commencing at the point of intersection of the Southerly right-of-way line of the Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; thence Southerly along the Westerly right-of-way line of said Highway 377.6 feet; thence Westerly parallel to the Southerly right-of-way line of said Railway Company 140 feet to the point of beginning; thence continuing Westerly along said parallel line 160 feet; thence Northerly at right angles 250 feet to the Southerly right-of-way line of said Railway Company; thence Easterly, Resolution No. 00-073 Northerly and Easterly along said right-of-way line to its intersection with a line drawn Northerly at right angles to said aforementioned parallel line from the point of beginning; thence Southerly 330 feet to the point of beginning), Hennepin County, Minnesota. is Parcel F: (Abstract) That part of Lot 2, Block 1, Delmark's 1st Addition embraced within the following described tract of land. That part of the Northwest 1/4 of the Northwest 1/4, Section 31, Township 29 North, Range 24, West of the 4th Principal Meridian, described as commencing at the point of intersection of the Southerly right of way line of the Great Northern Railway Company with. the Westerly right of way line of State Trunk Highway No. 100; thence Southerly along the Westerly right of way line of said Highway a distance of 377.6 feet; thence Westerly parallel to the Southerly right of way line of said Railway Company a distance of 400 feet; thence Northerly at right angles a distance of 250 feet to a point in the South right of way line of said Railway Company which point is the point of beginning of the tract of land to be described, thence Northeasterly along said right of way line a distance of 220 feet to the point in said right of way where the next course thereof extends in a Northwesterly direction; thence Northwesterly along said right of way line a distance of 80 feet; thence Southwesterly at right angles a distance of 220 feet; thence Southeasterly at right angles a distance of 80 feet to the point of beginning, Hennepin County, Minnesota. Parcel G: (Abstract) • That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29, North Range 24 West of the 4th Principal Meridian, and that part of the Northeast 1/4 of the Northeast 1/4 of Section 9, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at the most Westerly corner of Delmark's 1st Addition; thence Southeasterly along the Southwesterly line of said Delmark's 1st Addition a distance of 80.00 feet to the Northwesterly line of Tract A, Registered Land Survey No. 493; thence Southwesterly along said Northwesterly line of Tract A and its Southwesterly extension a distance of 700.0 feet; thence Northwesterly at a right angle a distance of 80.0 feet; thence Northeasterly a distance of 700.0 feet to the point of beginning ALSO, That part of Lot 2, Block 1, Delmark's 1st Addition embraced within the following described tract of land: That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29 North Range 24 West of tine 4th Principal Meridian, described as follows: Beginning at the most Northerly corner of Tract C, Registered Land Survey No. 493, Files of the Registrar of Titles, Hennepin County, Minnesota; thence Northwesterly along the Northwesterly extension of the Northeasterly line of said Tract C a distance of 80.0 feet; thence Southwesterly parallel with the Northwesterly line of Tracts C and A of said Registered Land Survey No. 493, a distance of 180.0 feet; thence Southeasterly at a right angle a distance of 80.0 feet to the Northwesterly line of said Tract A; thence Northeasterly along said Northwesterly line of Tracts A and C a distance of 180.0 feet to the paint, of beginning, Hennepin County, Minnesota. • Parcel H: (Abbstract) Lots 1 and 2, Block 1, RIDGE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota