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HomeMy WebLinkAbout02-032 - ADMIN Resolution - City Council - 2002/04/01RESOLUTION NO. 02-032 Amends and Restates Resolution No. 96-133 A RESOLUTION AMENDING RESOLUTION NO. 96-133 ADOPTED ON SEPTEMBER 3,1996 AND GRANTING AN AMENDMENT TO A CONTINUED SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ORDINANCE CODE RELATING TO ZONING TO ALLOW A CAR WASH ADDITION FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AT 3555 SOUTH HIGHWAY 100 WHEREAS, Walser Motors, Inc. has made application to the City Council for an amendment to a continued special use permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow a car wash addition at 3555 South Highway 100 within a C-2 General Commercial District having the following legal description. All of Lot 1 and 4, Block 3, Belt Line Industnal Park, except parcel 1 Minnesota Department of Transportation Right-of-way Plat 27-11 (Abstract) WHEREAS, the City Council has considered the information related to Planning Case Nos 77-97, 81-104, 81-46, 82-79, 84-92, 90-56, 91-46, 96 -18 -CUP, and 02 -15 -CUP and the effect of the proposed car wash addition 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 conditioned special permit was issued regarding the subject property pursuant to Resolution 96-133 of the St. Louis Park City Council dated September 3, 1996 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 96-133 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 Nos. 77-97, 81-104, 81-46, 82-79, 84- 92, 90-56, 91-46, 96 -18 -CUP, and 02 -15 -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. 96-133 is hereby amended and restated by this resolution which continues and amends a continued special use permit to the subject property for the purposes of allowing a car wash addition within the C-2 General Commercial Distnct at the location descnbed above based on the following conditions: Resolution No. 02-032 -2- 1. The site shall be developed, used, and maintained in accordance with Exhibit A, Dimension, Lighting, and Landscape Planting Plan as modified by the Planning Department on February 10, 1978; Exhibit B, Floor Plans and Elevations, Exhibit C, Floor Plans and Elevations; and Exhibit D, Lighting Standard as modified by the Planning Department on February 10, 1978. However, said plans are hereby modified to allow placement of the car wash on the east side of the building in accordance with construction drawings dated June 14, 1978 (Exhibit A modified by Exhibit J; Exhibit B deleted. See Condition No. 19) 2. There shall be no outside storage of trash, debns, or junk or waste material of any kind on any part of the site. 3 No truck trailers, flatbeds, or similar pieces of equipment shall be stored, repaired, or placed anywhere on the site. 4. There shall be no more than three free-standin signs (one not to exceed 42 feet on Utica Avenue; two not to exceed 25 feet on West 35` Street, and the 42 feet shall be lowered to the maximum allowable height when the grade of Highway 100 is lowered), and no free- standing sign shall contain more than 325 square feet counting all sides. In addition, informational signs no more than 64 inches in height and containing no more than 35 square feet shall not constitute a free-standing sign. 5. All lighting, including special lighting to highlight automobiles and especially the hoods and gnlles of such automobiles, must be directed downward and shielded with can -type shades so that the shade and the axis of the light is perpendicular with the ground. 6. All rooftop equipment must be completely screened using similar metals and colors to those used on the extenor of the building. Screening includes the sides and tops of such rooftop equipment. 7. All access to the site is limited to West 35th Street. (Deleted, see Condition No. 21) 8. Any car testing done outside of the Belt Line Industrial Park area shall be done towards Highway 100 and using Highway 100. 9. All drainage shall be in accordance with the Drainage Plan, Exhibit E. 10. All site improvements, including buildings, landscaping, and access, shall be completed by October 15, 1978. 11. That the applicants, including current owner and purchaser of the property, agree to delete Condition 2 of the slope easement dated September 18, 1975; to work with the City to clanfy Condition No. 3 of said easement and the development of a landscape plan for said slope within 60 days after obtaining a construction permit, and to further make adjustments to the agreements or easements necessary to effectuate these conditions hereby approved. Resolution No. 02-032 -3- 12. The sale and display of motor vehicles on the site shall be permitted in accordance with Exhibit A -la, so that the pnor designed write up area may be utilized as a showroom for vehicle sales and display as shown on said Exhibit A -la and the lighting of the adjacent outdoor area may be made comparable to that area adjacent to the prior existing showroom. 13. The applicant represents and warrants that Town's Edge Ford, Inc. has determined to cease the sale and service of heavy duty trucks and pursuant to said determination has reduced its inventory of said heavy duty trucks and shall cease the sale, service, and display of heavy duty trucks on or before June 30, 1981 14 The applicant represents and warrants that Kay Motors, Inc., has determined to cease its use of the premises at 5101-5125 Minnetonka Boulevard for the sale of new and used motor vehicles and, from and after the date of the adoption of this resolution, shall not utilize said premises for the sale of new and used motor vehicles. There shall be no service of vehicles after December 31, 1982. 15. That a service waste -up area be allowed to be located at the north side of the building and a new dnveway be allowed on 35th Street in accordance with Exhibit F and subject to the following conditions: a. That the sign be placed on the western edge of the dnveway at least twenty feet off the lot line and shall not be any more than five feet in height or a sign no greater than thirty inches in height be allowed within the setback area b. That the easterly dnveway be closed and the area resodded c. That existing tree(s) located at the proposed point of the new dnveway be relocated to the boulevard area to the east or west of the curb cut and that any lighting or other utility be relocated according to City specifications. d. That the curb cut be designed in accordance with City specifications. e. That all work be completed by May 15, 1982. 16 That modifications to the exterior elevation will be allowed as related to the removal of the small windows at the west end of the north elevation of the easterly building and replacement by a large window approximately fourteen feet long and a door and a second window area without a door measunng approximately fourteen feet long as shown on Exhibit G. 17. That variations in the existing plan for street entrances and modifications in signage by allowed subject to the following conditions: a. The site should be developed, used, and maintained in accordance with Exhibit H, Dimension, Lighting, and Landscape Planting Plan. b. The applicant shall submit a proposed sign policy by January 15, 1983 to City staff for evaluation and review. Said policy shall generally adhere to the parameters listed in the staff report. c. All improvements shall be completed by December 31, 1982. Resolution No. 02-032 -4- 18. An addition not exceeding 450 square feet in floor area may be constructed on the east side of the building as shown on Exhibit I, Body Shop Remodel, which is included for purpose of the addition only. (Exhibit on file in the City Development Department at the City of St. Louis Park.) 19. That the site be developed, used and maintained in accordance with Exhibit J — Site Plan and Exhibit K — Building Elevations. (Deleted by Condition No. 20.) 20. The site shall be developed, used and maintained in accordance with Exhibit L — Site Plan, Exhibit M — Landscaping Plan, Exhibit N — Building Elevations and Exhibit 0 — Proposed Driveway Site and Grading Plan, such documents incorporated by reference herein; Condition No. 19 is hereby deleted. (Revised by Condition No. 23.) 21 The proposed access from 36th Street shall be inbound to the site only and the applicant must execute an agreement with the City to construct the access and all necessary intersection improvements at the applicant's sole expense subject to approval of plans and specifications by the City, Condition No. 7 is hereby deleted. 22 All improvements shall be completed pnor to issuance of a Certificate of Occupancy. (Revised by Condition No. 23.) 23. The conditional use permit shall be amended pursuant to Planning Case No. 96 -18 -CUP to permit a showroom and office addition subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit P — Proposed Site Plan, Exhibit Q — Proposed Addition and Remodeling Plan, Exhibit R — Second Floor Plan and Exhibit S — Building Elevations; such documents incorporated by reference herein. Condition No. 20 is hereby revised to delete reference to Exhibit L — Site Plan and Exhibit N — Building Elevation. (Revised by Condition No. 24). b. Assent form and approved exhibits must be signed by applicant and owner pnor to issuance of building permit. c. All improvements shall be completed pnor to issuance of a Certificate of Occupancy for the addition A temporary Certificate of Occupancy may be issued pnor to completion of all landscaping improvements, provided a Letter of Credit in the amount of 125% of the remaining improvements is submitted to the City in a form acceptable to the City Attorney. Condition No. 22 is hereby revised. 24. The conditional use permit shall be amended on April 1, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in conformance with the official exhibits as amended by the car wash plans, which shall be revised as follows: i. to use true cement stucco on the exterior of the car wash addition; and 11. to include a curbed, landscaped island at the end of the parking spaces that are immediately east of the new addition. Resolution No. 02-032 -5- b. The applicant shall submit information regarding the use of all interior space so that a new parking requirement can be documented In the event that there is evidence of parking in dnve aisles, fire lanes, or overflow parking on the public streets, the owner shall be required to reduce the number of display vehicles and reserve parking spaces for employees and customers via signage in accordance with a parking plan approved by the Zoning Administrator. c. Prior to issuance of a Building Permit, which may impose additional conditions, the applicant and owner shall sign the assent form and revised official exhibits d. The applicant shall obtain sign permits for any proposed change to signage on the property. e. All required improvements shall be complete pnor to issuance of a Certificate of Occupancy or use of the new car wash f. The car wash shall be used for sale and service vehicles only and shall not be open to the general public The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Register of Titles as the case may be. Reviewed for Administration: Attest: v Clerk Clerk C y C Adopted by the City Council Apnl 1, 2002 Mayo 6 • RESOLUTION NO. 02-032 Amends and Restates Resolution No. 96-133 OF! ICE. Or ,t:: t HEHNEP": COII'=T .4'. 1 INNE SOT:, CE1,211SlrD Hi ED " ND OP 2UO2 MAY -6 AM JO. 52 7718061 t%Y COpy A RESOLUTION AMENDING RESOLUTION NO. 96-133 ADOPTED ON SEPTEMBER 3,1996 AND GRANTING AN AMENDMENT TO A CONTINUED • SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ORDINANCE CODE RELATING TO ZONING TO ALLOW A CAR WASH ADDITION FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL AT 3555 SOUTH HIGHWAY 100 WHEREAS, Walser Motors, Inc. has made application to the City Council for an amendment to a continued special use permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow a car wash addition at 3555 South Highway 100 within a C-2 General Commercial Distnct having the following legal descnption: All of Lot 1 and 4, Block 3, Belt Line Industnal Park, except parcel 1 Minnesota Department of Transportation Right-of-way Plat 27-11 (Abstract) WHEREAS, the City Council has considered the information related to Planning Case Nos. 77-97, 81-104, 81-46, 82-79, 84-92, 90-56, 91-46, 96 -18 -CUP, and 02 -15 -CUP and the effect of the proposed car wash addition 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 conditioned special permit was issued regarding the subject property pursuant to Resolution 96-133 of the St. Louis Park City Council dated September 3, 1996 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng the amendment of that conditional use permit; and PIJT t Resolution No. 02-032 -2- WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution 96-133 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 Nos. 77-97, 81-104, 81-46, 82-79, 84- 92, 90-56, 91-46, 96 -18 -CUP, and 02 -15 -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. 96-133 is hereby amended and restated by this resolution which continues and amends a continued special use permit to the subject property for the purposes of allowing a car wash addition within the C-2 General Commercial District at the location descnbed above based on the following conditions: 1. The site shall be developed, used, and maintained in accordance with Exhibit A, Dimension, Lighting, and Landscape Planting Plan as modified by the Planning Department on February 10, 1978; Exhibit B, Floor Plans and Elevations; Exhibit C, Floor Plans and Elevations; and Exhibit D, Lighting Standard as modified by the Planning Department on February 10, 1978. However, said plans are hereby modified to allow placement of the car wash on the east side of the building in accordance with construction drawings dated June 14, 1978. (Exhibit A modified by Exhibit J; Exhibit B deleted. See Condition No. 19) 2. There shall be no outside storage of trash, debris, or junk or waste material of any kind on any part of the site. 3. No truck trailers, flatbeds, or similar pieces of equipment shall be stored, repaired, or placed anywhere on the site. 4. There shall be no more than three free-standing,signs (one not to exceed 42 feet on Utica Avenue; two not to exceed 25 feet on West 35m Street, and the 42 feet shall be lowered to the maximum allowable height when the grade of Highway 100 is lowered), and no free- standing sign shall contain more than 325 square feet counting all sides. In addition, informational signs no more than 64 inches in height and containing no more than 35 square feet shall not constitute a free-standing sign. 5. All lighting, including special lighting to highlight automobiles and especially the hoods and gnlles of such automobiles, must be directed downward and shielded with can -type shades so that the shade and the axis of the light is perpendicular with the ground. 6. All rooftop equipment must be completely screened using similar metals and colors to those used on the exterior of the building. Screening includes the sides and tops of such rooftop equipment. • Resolution No. 02-032 -3- 7. All access to the site is limited to West 35th Street. (Deleted, see Condition No. 21) 8. Any car testing done outside of the Belt Line Industrial Park area shall be done towards Highway 100 and using Highway 100. • • 9. All drainage shall be in accordance with the Drainage Plan, Exhibit E. 10. All site improvements, including buildings, landscaping, and access, shall be completed by October 15, 1978. 11. That the applicants, including current owner and purchaser of the property, agree to delete Condition 2 of the slope easement dated September 18, 1975; to work with the City to clarify Condition No. 3 of said easement and the development of a landscape plan for said slope within 60 days after obtaining a construction permit, and to further make adjustments to the agreements or easements necessary to effectuate these conditions hereby approved 12. The sale and display of motor vehicles on the site shall be permitted in accordance with Exhibit A -la, so that the pnor designed wnte up area may be utilized as a showroom for vehicle sales and display as shown on said Exhibit A -la and the lighting of the adjacent outdoor area may be made comparable to that area adjacent to the pnor existing showroom. 13. The applicant represents and warrants that Town's Edge Ford, Inc. has determined to cease the sale and service of heavy duty trucks and pursuant to said determination has reduced its inventory of said heavy duty trucks and shall cease the sale, service, and display of heavy duty trucks on or before June 30, 1981. 14. The applicant represents and warrants that Kay Motors, Inc., has determined to cease its use of the premises at 5101-5125 Minnetonka Boulevard for the sale of new and used motor vehicles and, from and after the date of the adoption of this resolution, shall not utilize said premises for the sale of new and used motor vehicles. There shall be no service of vehicles after December 31, 1982. 15. That a service wnte-up area be allowed to be located at the north side of the building and a new driveway be allowed on 35th Street in accordance with Exhibit F and subject to the following conditions: a. That the sign be placed on the western edge of the driveway at least twenty feet off the lot line and shall not be any more than five feet in height or a sign no greater than thirty inches in height be allowed within the setback area. b. That the easterly driveway be closed and the area resodded. Resolution No. 02-032 -4- c. That existing tree(s) located at the proposed point of the new driveway be relocated to the boulevard area to the east or west of the curb cut and that any lighting or other utility be relocated according to City specifications. d. That the curb cut be designed in accordance with City specifications. e. That all work be completed by May 15, 1982. 16. That modifications to the exterior elevation will be allowed as related to the removal of the small windows at the west end of the north elevation of the easterly building and replacement by a large window approximately fourteen feet long and a door and a second window area without a door measuring approximately fourteen feet long as shown on Exhibit G. 17. That variations in the existing plan for street entrances and modifications in signage by allowed subject to the following conditions: a. The site should be developed, used, and maintained in accordance with Exhibit H, Dimension, Lighting, and Landscape Planting Plan. b. The applicant shall submit a proposed sign policy by January 15, 1983 to City staff for evaluation and review. Said policy shall generally adhere to the parameters listed in the staff report. c. All improvements shall be completed by December 31, 1982. 18. An addition not exceeding 450 square feet in floor area may be constructed on the east side of the building as shown on Exhibit I, Body Shop Remodel, which is included for purpose of the addition only. (Exhibit on file in the City Development Department at the City of St. Louis Park.) 19. That the site be developed, used and maintained in accordance with Exhibit J — Site Plan and Exhibit K — Building Elevations. (Deleted by Condition No. 20.) 20. The site shall be developed, used and maintained in accordance with Exhibit L — Site Plan, Exhibit M — Landscaping Plan, Exhibit N — Building Elevations and Exhibit 0 — Proposed Driveway Site and Grading Plan, such documents incorporated by reference herein; Condition No. 19 is hereby deleted. (Revised by Condition No. 23.) 21. The proposed access from 36th Street shall be inbound to the site only and the applicant must execute an agreement with the City to construct the access and all necessary intersection improvements at the applicant's sole expense subject to approval of plans and specifications by the City; Condition No. 7 is hereby deleted. 22. All improvements shall be completed pnor to issuance of a Certificate of Occupancy. (Revised by Condition No. 23.) • Resolution No. 02-032 -5- 23. The conditional use permit shall be amended pursuant to Planning Case No. 96 -18 -CUP to permit a showroom and office addition subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit P — Proposed Site Plan, Exhibit Q — Proposed Addition and Remodeling Plan, Exhibit R — Second Floor Plan and Exhibit S — Building Elevations; such documents incorporated by reference herein. Condition No. 20 is hereby revised to delete reference to Exhibit L — Site Plan and Exhibit N — Building Elevation. (Revised by Condition No. 24). b. Assent form and approved exhibits must be signed by applicant and owner pnor to issuance of building permit. c. All improvements shall be completed pnor to issuance of a Certificate of Occupancy for the addition. A temporary Certificate of Occupancy may be issued pnor to completion of all landscaping improvements, provided a Letter of Credit in the amount of 125% of the remaining improvements is submitted to the City in a form acceptable to the City Attorney. Condition No. 22 is hereby revised. 24. The conditional use permit shall be amended on April 1, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in conformance with the official • exhibits as amended by the car wash plans, which shall be revised as follows: 1. to use true cement stucco on the exterior of the car wash addition; and ii. to include a curbed, landscaped island at the end of the parking spaces that are immediately east of the new addition. b. The applicant shall submit information regarding the use of all intenor space so that a new parking requirement can be documented. In the event that there is evidence of parking in drive aisles, fire lanes, or overflow parking on the public streets, the owner shall be required to reduce the number of display vehicles and reserve parking spaces for employees and customers via signage in accordance with a parking plan approved by the Zoning Administrator. c. Prior to issuance of a Building Permit, which may impose additional conditions, the applicant and owner shall sign the assent form and revised official exhibits. d. The applicant shall obtain sign permits for any proposed change to signage on the property. e. All required improvements shall be complete pnor to issuance of a Certificate of Occupancy or use of the new car wash. f. The car wash shall be used for sale and service vehicles only and shall not be open to the general public. • Resolution No. 02-032 -6- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 02-032 adopted at the St. Louis Park City Council meeting held on Apnl 1, 2002. WITNESS my hand and the Seal of the City of St. Louis Park this 12th day of Apnl, 2002. Nancy J. Stroth,Deputy City Clerk