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HomeMy WebLinkAbout03-083 - ADMIN Resolution - City Council - 2003/07/21• • RESOLUTION NO. 03 - 083 Amends and Restates Resolutions 92-46 and 88-194 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 92-46 ADOPTED ON APRIL 20, 1992, AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36 (d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR MODIFICATION TO THE SOUTH BUILDING FACADE AND LANDSCAPE PLAN TO ADD AN EXTERIOR STAIRWAY FOR PROPERTY ZONED O -OFFICE AT 5100 GAMBLE DRIVE FINDINGS WHEREAS, Parkdale Associates has made application to the City Council for an amendment to an existing special permit under Section 36-36 (d)(4) of the St Louis Park Ordinance Code to allow a minor modification of the south building elevation and landscaping to add an exterior stairway at 5100 Gamble Dnve within a O -Office District having the following legal description: Tract A, Registered Land Survey No. 1647 (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 88 -47 -SP, 92 -22 -SP, and 03 -39 -CUP and the effect of the proposed building elevation modification 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 special use permit was issued regarding the subject property pursuant to Resolution No. 88-194 of the St. Louis Park City Council dated December 19, 1988 which contained conditions applicable to said property; and WHEREAS, an amendment was issued regarding the subject property pursuant to Resolution No. 92-46 of the St. Louis Park City Council dated Apnl 20, 1992 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the amendment granted by Resolution No. 92-46 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; 11111WHEREAS, the contents of Planning Case File 03 -39 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 03-083 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-46 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting an exterior stairway for a trade school use to be constructed on the south building wall within the O -Office 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 – Site Plan, Exhibits B-1, B-2, B-3, B-4, Parking Ramp Levels; Exhibit C – Parking Ramp Elevation; Exhibit D – Landscape Plan; and Exhibit E – Grading, Drainage, Utility Plan; Exhibit F Landscape Plans, and Exhibits G and 11 Elevations, such documents incorporated by reference herein. (Exhibit A – Site Plan and Exhibit D – Landscape Plan are modified by Exhibit F – Landscape Plan in Condition No. 14; Exhibit G—Elevations are modified by Condition 16.) 2. That all walkways, utilities construction and improvements of public right-of-way and pnvate streets available to the public are subject to submission of construction plans and final approval of the City. 3. That easements be provided for access to public utilities where requested. 4. That easements be provided for public utilities where retained by the City in vacated Gamble Drive. 5 That all utilities be placed underground and proper provisions for water augmentation in landscaped areas be provided. 6. Where provisions of this special permit are in conflict with the provisions of Resolution No. 6982, then the terms and conditions hereof of this resolution shall prevail and the terms and conditions of Resolution No. 6982 are hereby amended accordingly. 7. That a provision for a walkway area to connect the site to the west be provided generally along the north side of the Gamble Building west surface parking lot. 8. That all parking lots, paved areas and pnvate roadways serving the proposed parking facility and the Gamble and Parkdale Plaza office buildings shall be delineated by poured -in- place concrete curbing measuring at least six inches in height and depth above and below grade, except for driveway openings and for dropped curbs at walkway intersections. • 9. That Utica Avenue remain open to public usage for vehicular and pedestnan traffic and be appropnately maintained by the applicant for such purposes until it becomes a public right-of- way. 10. That the applicant enter into a development agreement which documents responsibility for construction and maintenance of, and liability for, public utilities which will remain beneath the parking facility. • • • Resolution No 03-083 -3- 11 Plans foi fire protection for the parking facility are subject to the approval of the Fire Marshal and shall take into account watermain relocations resulting from highway construction on Highway 100 hydrant locations and Fire Department connections shall be determined in consultation with the Fire Marshal 12 The applicant (Parkdale Associates) agrees to execute and deliver any documents and provide any additional information that the City, in its reasonable discretion, may request to effectuate the terms of this resolution. 13 That all improvements including buildings, roadways, pedestrian ways, landscaped areas, parking areas, and all other improvements as provided for on the exhibits be completed by July 1, 1990. (Amended by Condition 14 and 16) 14. An additional 15,000 square feet of office space may be developed in the so-called 5100 Building resulting in a total of 192,000 gross square feet pursuant to Exhibit F - Landscape Plan, to the extent it modifies Exhibit A - Site Plan and Exhibit D - Landscape Plan, and Exhibit G - Elevations (Amended by Condition 16) 15 All improvements shall be completed prior to issuance of Certificate of Occupancy for the additional 15,000 square feet of floor space 16. The special permit shall be amended on July 21, 2003 to incorporate all of the preceding conditions and add the following conditions: a. That the south building elevation may be modified according to Exhibit H to add an exterior stairway and exit doors b That Exhibit F—Landscape Plan be modified by Exhibit I to change the landscaping along the new exterior stairway along the south building wall. c. Prior to issuance of a building permit for the improvements, which may impose additional conditions, assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner). d Prior to issuance of an occupancy permit for the trade school, all improvements must be completed (a temporary certificate of occupancy may be issued prior to completion of landscaping provided a letter of credit is the amount of 125% of the cost of landscaping is submitted and landscaping completed prior to issuance of a final certificate of occupancy ) Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special use permit is granted is removed. Revle J d for Administration C ty Manager Attest Deputy City ,lerk Ado • ted th City Council July 21, 2003 M • • • p 0 m c M 33 r m CO W m z Om 1m -rl 33'D 0 -1 z m moo - mm 0 z C;5 Um ZQ RESOLUTION NO. 03 - 083 COpy Amends and Restates Resolutions 92-46 and 88-194 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 92-46 ADOPTED ON APRIL 20, 1992, AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36 (d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR MODIFICATION TO THE SOUTH BUILDING FACADE AND LANDSCAPE PLAN TO O ADD AN EXTERIOR STAIRWAY FOR PROPERTY ZONED O -OFFICE AT 5100 GAMBLE DRIVE FINDINGS WHEREAS, Parkdale Associates has made application to the City Council for an amendment to an existing special permit under Section 36-36 (d)(4) of the St. Louis Park Ordinance Code to allow a minor modification of the south building elevation and landscaping to add an exterior stairway at 5100 Gamble Drive within a O -Office District having the following legal descnption: Tract A, Registered Land Survey No. 1647 (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 88 -47 -SP, 92 -22 -SP, and 03 -39 -CUP and the effect of the proposed building elevation modification 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 il, Resolution No. 03-083 -2- WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 88-194 of the St. Louis Park City Council dated December 19, 1988 which contained conditions applicable to said property; and WHEREAS, an amendment was issued regarding the subject property pursuant to Resolution No. 92-46 of the St. Louis Park City Council dated April 20, 1992 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the amendment granted by Resolution No. 92-46 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 03 -39 -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. 92-46 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting an exterior stairway for a trade school use to be constructed on the south building wall within the O -Office 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 – Site Plan, Exhibits B-1, B-2, B-3, B-4, Parking Ramp Levels; Exhibit C – Parking Ramp Elevation; Exhibit D – Landscape Plan; and Exhibit E – Grading, Drainage, Utility Plan; Exhibit F Landscape Plans, and Exhibits G and H Elevations, such documents incorporated by reference herein. (Exhibit A – Site Plan and Exhibit D – Landscape Plan are modified by Exhibit F – Landscape Plan in Condition No. 14; Exhibit G—Elevations are modified by Condition 16.) 2. That all walkways, utilities construction and improvements of public right-of-way and private streets available to the public are subject to submission of construction plans and final approval of the City. 3. That easements be provided for access to public utilities where requested. 4. That easements be provided for public utilities where retained by the City in vacated Gamble Drive. 5. That all utilities be placed underground and proper provisions for water augmentation in landscaped areas be provided. Resolution No. 03-083 -3- • 6. Where provisions of this special permit are in conflict with the provisions of Resolution No. 6982, then the terms and conditions hereof of this resolution shall prevail and the terms and conditions of Resolution No 6982 are hereby amended accordingly. o 7. That a provision for a walkway area to connect the site to the west be provided generally along the north side of the Gamble Building west surface parking lot. 8. That all parking lots, paved areas and private roadways serving the proposed parking facility and the Gamble and Parkdale Plaza office buildings shall be delineated by poured -in- place concrete curbing measunng at least six inches in height and depth above and below grade, except for driveway openings and for dropped curbs at walkway intersections. 9 That Utica Avenue remain open to public usage for vehicular and pedestrian traffic and be appropriately maintained by the applicant for such purposes until it becomes a public right-of- way 10. That the applicant enter into a development agreement which documents responsibility for construction and maintenance of, and liability for, public utilities which will remain beneath the parking facility. 11. Plans for fire protection for the parking facility are subject to the approval of the Fire Marshal and shall take into account watermain relocations resulting from highway construction on Highway 100 hydrant locations and Fire Department connections shall be determined in consultation with the Fire Marshal. 12. The applicant (Parkdale Associates) agrees to execute and deliver any documents and provide any additional information that the City, in its reasonable discretion, may request to effectuate the terms of this resolution. 13. That all improvements including buildings, roadways, pedestrian ways, landscaped areas, parking areas, and all other improvements as provided for on the exhibits be completed by July 1, 1990. (Amended by Condition 14 and 16). 14. An additional 15,000 square feet of office space may be developed in the so-called 5100 Building resulting in a total of 192,000 gross square feet pursuant to Exhibit F — Landscape Plan, to the extent it modifies Exhibit A — Site Plan and Exhibit D — Landscape Plan, and Exhibit G — Elevations. (Amended by Condition 16). 15. All improvements shall be completed prior to issuance of Certificate of Occupancy for the additional 15,000 square feet of floor space. 16 The special permit shall be amended on July 21, 2003 to incorporate all of the preceding conditions and add the following conditions. a. That the south building elevation may be modified according to Exhibit H to add an 0 exterior stairway and exit doors. • • Resolution No. 03-083 -4- b. That Exhibit F—Landscape Plan be modified by Exhibit I to change the landscaping along the new exterior stairway along the south building wall. c. Prior to issuance of a building permit for the improvements, which may impose additional conditions, assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner). d. Prior to issuance of an occupancy permit for the trade school, all improvements must be completed (a temporary certificate of occupancy may be issued prior to completion of landscaping provided a letter of credit is the amount of 125% of the cost of landscaping is submitted and landscaping completed prior to issuance of a final certificate of occupancy.) Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special use permit is granted is removed. 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. 03-083 adopted at the St. Louis Park City Council meeting held on July 21, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 1st day of August, 2003. Nancy J. Str.,+�, gel; u‘jty City Clerk )1a4