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Home My WebLink About03-073 - ADMIN Resolution - City Council - 2003/06/16RESOLUTION NO. 03-073 Amends and Restates Resolution 97-127 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 97-127 ADOPTED ON OCTOBER 6,1997, AND GRANTING AMENDMENT TO CONDITIONAL USE PERMIT UNDER SECTION 36-33 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A PARKING AMENDMENT TO A MOTOR FUEL STATION AND MOTOR VEHICLE SERVICE AND REPAIR FOR PROPERTY ZONED C-2, GENERAL COMMERCILAL DISTRICT AT 7005 WAYZATA BOULEVARD FINDINGS WHEREAS, Amoco Oil Company has made application to the City Council for an amendment to an existing conditional use permit under Section 36-33 of the St. Louis Park Ordinance Code to amend parking at a motor fuel station and motor vehicle service and repair at 7005 Wayzata Boulevard within a C-2 General Commercial Distnct having the following legal description• Par 1 That part of Lots 235, 236, 347 and 348, lying Southeasterly of the following described line: Beginning at the southwest corner of Lot 346, Richmond, thence run northeasterly to the point of intersection of the westerly line of Lot 234, said Richmond, with the southerly nght of way line of Trunk Highway No 12 as the same is now located and established. Par 2 Lots 237 and 238, "Richmond", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Lot 347, "Richmond" is subject to the restrictions created by deed of record in Book 864 of Deeds, page 560. Also Lot 348, "Richmond" is subject to the restnctions created by deed of record in Book 986 of Deeds, page 355 Also Subject to minerals and mineral rights reserved by the State of Minnesota in Doc No. 222170, Files of Registrar of Titles, as to Lots 237 and 238. Also 1 Subject to such restrictions, if any, as may exist as to said Lots 235 and 236 under and by virtue of restrictive covenants appeanng in deed of record in Book 864 of Deeds, page 285 in the office of the Register of Deeds in and for Hennepin County, Minnesota. (Ton -ens) Resolution No. 03-073 -2- WHEREAS, the City Council has considered the information related to Planning Cases 97 -20 -CUP and 02 -64 -CUP and the effect of the proposed parking at a motor fuel station and motor vehicle service and repair 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 97-127 of the St. Louis Park City Council dated October 6, 1997 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 WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 97-127 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 02 -64 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 97-127 (document not filed) 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 a motor fuel and motor vehicle service and repair station 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, Exhibit B — Landscape Plan, Exhibit C — Elevations and Exhibit D — Canopy Elevation; except that the landscaping plan and canopy elevations shall be revised to conform with the pump island/canopy configuration that is shown on the site plan; such documents incorporated by.reference herein. (Amended by Condition 5a approved 6-16-03) 2. The applicant shall submit a Letter of Credit in an amount equal to 150% of the cost of the landscaping improvements pnor to issuance of a building permit. (Amended by Condition 5c approved 6-16-03) 3. Amoco and the operator of the station who also owns the remote lot shall execute a shared parking agreement in a form acceptable to the City Attorney pnor to issuance of an occupancy permit This lot shall be improved in accordance with the parlung lot design requirements in Section 14:6-1.2 C of the St. Louis Park Zoning Code. (Amended by Condition 5b approved 6-16-03) 4. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building permit. This lot shall be improved in accordance with the parking lot design requirements in Section 14:6-1.2 C of the St. Louis Park Zoning Code. • w • Resolution No 03-073 -3- 5. The conditional use permit shall be amended on June 16, 2003 to incorporate all of the • preceding conditions and add the following conditions: a. Exhibits A, Site Plan and B, Landscape Plan, as provided for in Condition No. 1 are amended as shown on Exhibit E. b. Condition 2 is amended to require a letter of credit in the amount of 125% the estimated cost of landscape, curb and fence improvements, and cleaning/repair of nght-of-way by July 15, 2003 c Condition 3 is hereby deleted d The curb must be replaced in the nght-of-way along the southernmost curb cut on Jersey Avenue as approved by the Public Works Director. A fence must be installed along the southern cuib cut on Jersey Avenue that is similar to the existing fence to the north as approved by the Zoning Administrator. These improvements must be completed by September 2, 2003. d Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) by June 23, 2003. e. Permits for work in the public nght-of-way and fence installation shall be obtained from the City prior to beginning site work. Such permits may impose additional conditions f. All permanent and temporary signage must meet ordinance requirements per section 36-362. g Vehicles owned by the station, employees, and those left for service shall not be parked in the public right-of-way h Vehicles shall not be sold on the property or public nght-of-way. i The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. J In the event of repeated violations, the CUP shall be rescinded. Reviewed for Administration: ted by the City Council June 16, 2003 City Manager Attest Cit Clerk Exhibits - LANPSr 9P . PAA' res.__991.22 = 3 99-?c-ccaP D0o1£_14)AyzATYr OwP Date p".ove:;. 20_6-99 ...1.4TNEss City of SLP pplccant ^per �. l� • S1cN-Ss De AL. THIS 1:1146-16,C 1 F BLACKTOP t � vl_s+• N`r I r • 1+ -LINE OF ROOF OVER BLDG pea 0-0-05.A-0- 0 -0-6 a-6 0-o—U U Lr -A3 0 S�-- BLDG E$rn8'r- S 9 Y M S 0 1. 9 0 :.UE HAVE+ JLNIPER 3 ...ANT CMTS EA.CU JUNIPER PEDORA PLANT UNITE EAC', ^.ANC. BLOCS RETAIWNG VALL UNITS a.R _ coLRs=_ wcr• ...m,aL'Itl l I Iic Ac.� rMta. , ST LOUIS PARK. MN , SEP 301991 EMU RE.00ATED FRE STAN3DC SIGN . $c., REVISED 9/38/97 CANWT AND DRIVEVATS 28 49 60 SCALE IN FEET 8) 0r L 'D LANDSCAPING 8 SIGN PLAN NV1d 3dVOSGNV1 03AOIddV L661 L i & J PIORD3/36.97 nor =42 MSS • L 1113Ve-ce1 %Yi/e6160121e OLI66 Nl 'Ylyd '16 SIf33H10l13/S13311H3 W 011 'OCGSY 0311011-05 1997 APPROVED SITE PLAN eras c ou Inaaokros iwmi ..P., .o .. Aq P...d,a ,..q maimole vow* w Anes, Rq.+q 1 • J 0 e IL 2 2 3. # i- e 0 8 us tAA1 YiY2AY/ GOOL 6SCS.SS 00014V 133f 0ud 0NI1300143H Resolution No. 03-073 Yt . .rti Ndld 31 IS e1111 6u1Moup _- SS'6SI - -__ 'T\V Xis r N 1601 DAY el slop 1 ao 1-S 'OU 6MJp SSS rn O 3 3 a - Beal Zfts 0. Win 2 A j- % � � ! EIWATO 2 kali_ 51 Ali • tn iN 4 fl. - C6'6L - - - fl! FILE NO 30204-1 VWF V) 2%0 -o 0 01 - <I EI zl ml Co poo m p m m n r 1 v0 m n r V) > 0 z 0 I I0 0 0 I ON101If18 1N33VraV ONIISIX3 5.2S g C- O g C f' („ z -I< 0 CD ca O � m w g Z 7 NOIS dVDIONVH - f� -1 m O x Co D N % v �o�- 1;• ax ��z 1, 3 -in DpCD CD ` O M 0 1, N x 2 _ W -<x v II p� + 1 PROPERTY LINE 80'� 1 r M E5 x --i to D r r xi m c LA oOmrn 0 ,-, V) aC7-1 z co -4 y 0 0Z` c-)Oow cm _ • _,D moo OD A ` rgx 0 , 0A Z \ n O 1 ')-` rn sem% m% x 1� 0 ri Ix rn D I" STORE NO 5359 D CO m c c 0] -I o c JERSEY 2 -8 4 -0' .,0 \ 0 2, \ -A 0 0 D p CO --- Z �J I 0 I V LO O r r PROPERTY LINE 159 55' I ( m x A OD-4 CDw CD -A Re --am 0 ; mn7D pN > 0 0 0 D pCD mc-) Zzr. 0 MAP AVENUE PLANTING SCHEDULE KEY QTY PTS TOT. COMMON EA PTS NAME BOTANICAL NAME MATURE SIZE PLANTING SIZE & ROOT TYPE 21 2 13 42 26 PINE, MUGHO MAPLE, RED PINUS MUGHO ACER RUBRUM 50-0 TO 60-0 # 5 POT B & B 2 1/2" 0 4 LILAC, COMMON PURPLE SYRINGA VULGARIS PURPURREA 6'-0" TO 8'-0" EXISTING 8 JUNIPER, BROADMOOR JUNIPERUS SABINA 12" TO 36" HIGH 36" TO 60" WIDE EXISTING 1 16 16 ASH, PATMORE FRAXINUS PENNSYLVANIA LANCEOLATA 50'-0" EXISTING 5" 0 x 20' 20 42" HIGH BOARD ON BOARD FENCE 24' LONG m m > O x m I x I CCN W A V) -1 -1 z Z 0 C7 - n m m SHEET or 1 PROJ NO 0302-04 DESIGNED BY JPK DRAWN BY SPL DATE 6/05/2003 bp / Amoco BP Products 7005 WAYZATA BLVD Norih America Inc. ST. LOUIS PARK - NIINNESOTAI K. K. DESIGN ARCHITECTURAL PLANNING AND DESIGN 6112 EXCELSIOR BLVD MPLS ,MINN 952-922-3226 55416 SNVld a3S0dOad •oN uotpniosag • f3^ v V:t 1f y v -•kr) 3S `t.s 261 Oil CrOFFICE OF COUNTY FECORO 1 J J(, HENNEPIN COUNTY. MINNESQTI�,�\! 8 j 49 CERTIFIED FILED AND OR � b'?C't", rt :CORDE7 C'J }4 2003 SEP I I A!1 8: 12 �•r 4"0 A• 004,,pbeie 4/ta% 37' RESOLUTION NO. 03-073 Amends and Restates Resolution 97-127 OOCUMENF N 8159Z.:49 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 97-127 ADOPTED ON OCTOBER 6,1997, AND GRANTING AMENDMENT TO CONDITIONAL USE PERMIT UNDER SECTION 36-33 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A PARKING AMENDMENT TO A MOTOR FUEL STATION AND MOTOR VEHICLE SERVICE AND REPAIR FOR PROPERTY ZONED C-2, GENERAL COMMERCILAL DISTRICT AT 7005 WAYZATA BOULEVARD FINDINGS, WHEREAS, Amoco Oil Company has, made , application to the City Council for an amendment to an existing conditional use permit under Section 36-33 of the St. Louis Park Ordinance Code to amend parking at a motor fuel station and motor vehicle service and repair at 7005 Wayzata Boulevard within a C-2 General Commercial District having the following legal description: Par 1: That part of Lots 235, 236, 347 and 348, lying Southeasterly of the following described line: Beginning at the southwest comer of Lot 346, 3 Richmond; thence run northeasterly to the point of intersection of the westerly v line of Lot 234, said Richmond, with the southerly right of way line of Trunk Highway No. 12 as the same is now located and established. Par 2: Lots 237 and 238, "Richmond", according to the plat thereof on file or of record in the, office of the Register of Deeds in and for said Hennepin County. Lot 347, "Richmond" is subject to the restrictions created record in Book 864 of Deeds, page 560 Also TATE OF MINNESOTA, COUNTY OF HENNEPIN ert fled to be a true and correct copy of the --anginal on file and of record in my office MICHAEL H. CUNNIFF, CCUNTY RECORDER By Deputy CO. REC. DEPUTY • • • Resolution No. 03-073 -2- Lot 348, "Richmond" is subject to the restrictions created by deed of record in Book 986 of Deeds, page 355. Also Subject to minerals and mineral rights reserved by the State of Minnesota in Doc. No. 222170, Files of Registrar of Titles, as to Lots 237 and 238. Also Subject to such restrictions, if any, as may exist as to said Lots 235 and 236 under and by virtue of restrictive covenants appearing in deed of record in Book 864 of Deeds, page 285 in the office of the Register of Deeds in and for Hennepin County, Minnesota. (Torrens) WHEREAS, the City Council has considered the information related to Planning Cases 97 -20 -CUP and 02 -64 -CUP and the effect of the proposed parking at a motor fuel station and motor vehicle service and repair 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 97-127 of the St. Louis Park City Council dated October 6, 1997 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. 97-127 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 02 -64 -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. 97-127 (document not filed) 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 a motor fuel and motor vehicle service and repair station within the C-2 General Commercial 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, Exhibit B — Landscape Plan, Exhibit C — Elevations and Exhibit D — Canopy Elevation; except that the landscaping plan and canopy elevations shall be revised to conform with the Resolution No. 03-073 -3- pump island/canopy configuration that is shown on the site plan; such documents incorporated by reference herein. (Amended by Condition 5a approved 6-16-03) 2. 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 a building permit. (Amended by Condition 5c approved 6-16-03) 3. Amoco and the operator of the station who also owns the remote lot shall execute a shared parking agreement in a form acceptable to the City Attorney prior to issuance of an occupancy permit. This lot shall be improved in accordance with the parking lot design requirements in Section 14:6-1.2 C of the St. Louis Park Zoning Code. (Amended by Condition 5b approved 6-16-03) 4. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner), prior to issuance of a building permit. This lot shall be improved in accordance with the parking lot design requirements in Section 14:6-1.2 C of the St. Louis Park Zoning Code. 5. The conditional use permit shall be amended on June 16, 2003 to incorporate all of the preceding conditions and add the following conditions: a. Exhibits A, Site Plan and B. Landscape Plan, as provided for in Condition No. 1 are amended as shown on Exhibit E. b. Condition 2 is amended to require a letter of credit in the amount of 125% the estimated cost of landscape, curb and fence improvements, and cleaning/repair of right-of-way by July 15, 2003. c. Condition 3 is hereby deleted. d. The curb must be replaced in the right-of-way along the southernmost curb cut on Jersey Avenue as approved by the Public Works Director. A fence must be installed along the southern curb cut on Jersey Avenue that is similar to the existing fence to the north as approved by the Zoning Administrator. These improvements must be completed by September 2, 2003 d. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) by June 23, 2003. e. Permits for work in the public right-of-way and fence installation shall be obtained from the City prior to beginning site work. Such permits may impose additional conditions. f. All permanent and temporary signage must meet ordinance requirements per section 36-362. • • • Resolution No. 03-073 -4- g. Vehicles owned by the station, employees, and those left for service shall not be parked in the public right-of-way. h. Vehicles shall not be sold on the property or public right-of-way. i. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. J. In the event of repeated violations, the CUP shall be rescinded. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 03-073 adopted at the St. Louis Park City Council meeting held on June 16, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 1st day of August, 2003. Nancy J. StrotW eputy City Clerk Mild 31IS elm BujMa • • f j O t • 1 0~31410 nit IN "00 IS so Room El CAMMOIMMUCW an 005sr 1B03004:0 1997 APPROVED SITE PLAN IMO 01 IN 100009 IWM es P.,�rati'`"*a nolo � I .i'1w wog seam • .1 O • • 000144/ 1 MESASTIAMINigne 8 RN 3314 11110 Resolution No. 03-073 111° Ise Ha SS'6Sl ___ '3AV A3s83 - - 8 1 O) ow -S GRP., 616-91;r 218o " f _ ----.------.-- 8' a r r I r I .jr a11 Igigh I' .c 10 ! . a W C '4. ...I • ) to - .1u44 . 1 V.N•• MA:101 IN7 OI OL OaQ M' lrk.1 7t MY MUM, 1 SLO • J 0 • 1• • [bin:WOO/SIMCObY : 1 Y�ofti w 1 aaesY ICIWW0S - w«• 041 fin.. lips, 1 11113011O$ i101M1 Is .5g * O '3AV ANYKUVW LANUSCAPE PLAN 6SCS•SS 03014Yx-10 ITAI M 580E 133POW 2413COW311 Wild MMS 8 ON1dY3SONYI 81111 oulamup St ,...__.. ' or P• Pi oi iS- 1 IA P. oI 5 3 1 • FRE tq t 3 2o4 -t vwr PROPERTY USE a0'* or SHEET 1 moils I1cu1P,,,� ,,r,',orpt.raptt. wall. /t>�.w11A t /►.i r iQt'F.: 146 11 A31"2 g' Egil G8ga. STORE NO 5759 PROPERTY UHL 159 i!' JERSEY PLANTING SCHEDULE PTS.TOT. EA PTS. COMMON NAME PINE MUCHO AVENUER4 IV � BOTANICAL NAME MATURE SIZE PLANTING SIZE & ROOT TYPE S0-0 TO 60-0 LILAC, PURPLE STRINCA PUq RG 6 -0- TO 8 -0- CXISTINO PROD 140 0302-04 DESIGNED BY JPK DRAWN BY SPL DATE 8A05/2003 P PATH FRAnNUS PENNSYLVANIA LANCEOLATA 4r 61014 BOAR° ON BOARD MCC 24 LONG bp / Amoco 7005 WAYZATA BLVD ST LOUIS PARK - MINNESOTA BP Products North Americo Inc K. K. DESIGN ARCHITECTURAL PLANNING AND DESI011 6112 EXCELSIOR BLVD MPLS .MINK 952-922-3228 55418 E • 3b1.72b1 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON OCT 0 1 2003 Wp,n tST�i��7'i1'I_EL 3Y I ./�, AAAA DEPUTY NO FC •