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HomeMy WebLinkAbout03-175 - ADMIN Resolution - City Council - 2003/12/01RESOLUTION NO. 03-175 Amends and Restates Resolution No. 03-072 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 03-072 ADOPTED ON JUNE 16, 2003 APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 COMMERCIAL LOCATED AT 5000 AND 5050 WEST 36th ST. TO ALLOW ADDITION OF A FOURTH DRIVE-THROUGH LANE FOR A BANK AND CONVERT A POST OFFICE CUSTOMER SERVICE USE TO RETAIL WHEREAS, Belt Line Industrial Park, Inc (John D. McCain) has made application to the City Council for a Minor Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to allow the addition of a fourth drive- through lane for a 54,742 square foot bank at 5000 W 36th St and to convert the approval for a 9,872 square foot post office/retail customer service use to retail at 5050 W 36th St within a C-2 Commercial Zoning District having the following legal description: Lot 1, Block 1, Wolfe Lake Professional Center WHEREAS, the City Council has considered the information related to Planning Case Nos. 02 -31 -PUD and 03 -76 -PUD and the effect of the proposed addition of a fourth drive- through lane on the health, safety, and welfare of the occupants of the surroundmg 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 Final PUD was approved regarding the subject property pursuant to Resolution No. 03-072 of the St. Louis Park City Council dated June 16, 2003 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 Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 03-072 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 02 -31 -PUD and 03 -76 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. Resolution No. 03-175 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 03-072 filed as Document No. 8105489 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of permitting the addition of a fourth drive-through lane for a 54,742 square foot bank and convert the 9,872 square foot post office/retail to retail/service/office/medical and dental office within the C-2 Commercial Zoning District at the location described above subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Official Exhibits, subject to the approved changes through the final plat and PUD approval process. (amended by Condition 15 on December 1, 2003) 2. Final PUD approval and development is contingent upon developer meeting all conditions of final approval, including all Minnehaha Creek Watershed District requirements. 3. Prior to any site work, the developer/owner shall meet the following requirements: a. A copy of the Watershed District permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Sign assent form and official exhibits. d. Meet conditions of City signing final plat, including revised elevation plans that comply with the Architectural and PUD Ordinance requirements as approved by the Community Development Director or designee. e. Meet any Public Works or Inspections Department requirements including but not limited to protection of trail from construction vehicles, verification of street/signal hardware locations and approval of any necessary modifications, capping of any existing utilities that are not going to be used at the City Main. f. Required erosion control permits, utility permits and other required permits shall be obtained from the City. g. Landscaping plans shall be revised to meet bufferyard F for the office service and loading area, and a Bufferyard D for the bank drive mailbe-x-dfep-eff as approved by the Zoning Administrator unless a variance is obtained. (amended on December 1, 2003) h. Required tree protection and erosion control fencing shall be in place prior to commencing any grading activities. i. Meet any Fire Department emergency access requirements for during construction. j. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping; tree replacement; restoration of curbs, boulevards and trails; sidewalk installation, and repair/cleaning of public streets. k. Final sidewalk construction plans, must be approved by the Public Works Director . (amended on December 1, 2003) 1. Final grading and tree replacement plans must be submitted and approved by the Public Works Director and Zoning Administrator. Required tree protection and erosion control fencing shall be in place prior to commencing any grading activities. 4. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Meet all conditions of City signing Final Plat. b. The subdivider shall furnish the City with evidence of recording of the final plat and trail easement. Resolution No. 03-175 -3- c. Building materials samples to be submitted to and approved by Zoning Administrator. d. An irrigation plan and final lighting plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. e. All roof top equipment shall be shown to be painted to match the roof and screened from off site views using a parapet wall incorporating the architectural features of the building as observed from 6 feet above ground level on the adjacent property lines and centerline of adjacent public rights-of-way. 5. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. Tree protection and erosion control fencing shall remain in place until all construction impacts are completed. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. Prior to issuance of temporary and final occupancy permits, all conditions of the development agreement, relative to phased completion of improvements and submittal of financial sureties, and requirements of condition 15 of this approval must be met. (amended on December 1, 2003) 7. A six foot concrete sidewalk along the west side of Belt Line Boulevard and the east side of Raleigh Avenue adjacent to the subject parcel are to be installed and maintained by the developer per the approved final site plan, and specifications unless the City chooses to install and/or maintain the sidewalks. 8. The developer shall provide the required number of replacement trees on site or a combination of on-site trees and cash in lieu of trees. The Community Development Director and Parks and Recreation Director shall approve the cash equivalent amount. 9. A post office customer service facility is not allowed unless a future major amendment to the PUD is approved to address conditions for the use. (amended on December 1, 2003) 10. The following conversion of uses is allowed without amending the PUD: The 19,700 sq. ft. bank to administrative offices provided the drive-through is closed and landscaped as approved by the Zoning Administrator. 11. The following ordinance modifications are approved: a. A PUD modification to allow 240 parking stalls rather than the required 264 stalls; b. A PUD modification to allow setbacks on the retail/pest-office building as shown on the approved (signed) Final PUD official exhibits; c. A PUD modification to allow a monument sign a minimum 2 feet north of the trail along 36th Street; Resolution No. 03-175 -4- 12. Signage (other than the setback of the monument sign) is not approved as part of the PUD. Prior to the installation of any signs, including temporary signs or new sign faces, the applicant shall obtain sign permits in accordance with ordinance requirements. 13. The development shall comply in all respects with any conditions for Plat approval, 'No Parking' Fire Lane Signage and all other City Ordinances. (amended on December 1, 2003) 14. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. 15. The Planned Unit Development shall be amended on December 1, 2003 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits, which shall be revised before signing to meet the following conditions: i. The exhibits must be revised to show the fourth bank drive through lane and one way bypass lane and all directional signage as approved by the Public Works Department. ii. The post office use and mailbox driveway must be eliminated from all exhibits. iii. The Site Plan must be revised to indicate the fire lanes as approved by the Fire Marshall. b. - Prior to any temporary or permanent/final occupancy permits the developer shall comply with the following: i. A third 'Do not enter' sign must be installed within the curbed island just west of the retail buildings eastern property line. ii. A cross access and circulation agreement and a storm water shared use and maintenance agreement must be recorded prior to the issuance of any occupancy permits. iii. A drainage easement must be dedicated over the retention pond and portion of wetland on Parcel A as approved by the Public Works Department. iv. No Parking Fire Lane Signs shall be posted on all private drive aisles in locations determined by the Fire Marshall prior to the issuance of any occupancy permits. Assent form and official exhibits must be signed by applicant (or applicant and -owner if applicant is different from owner). evie ed for Administration: 11111 1 - V • gerW Attest: ty Clerk A s . ted by the City Council December 1, 2003 • Q) 1:i Q RESOLUTION NO. 03-175 '1, 4I( C Or ,UUi.:I}, C:.NU'E`a IW 1,01;111 "r 1 ut(PIF'.�UT+ Ut R111-1ECIr _`[ ori;' OR r ,i. 1,r, OE:C 30 FH 1. 09 cul,, .11 S26346'7 i(, 4 C�py Amends and Restates Resolution No. 03-072 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 03-072 ADOPTED ON JUNE 16, 2003 APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 COMMERCIAL LOCATED AT 5000 AND 5050 WEST -36th ST. TO, ALLOW ADDITION'OF A FOURTHDRIVE-THROUGH LANE FOR A BANK AND CONVERT A POST OFFICE CUSTOMER SERVICE USE TO RETAIL WHEREAS, Belt Line Industrial Park, Inc. (John D. McCain) has made application to the City Council for a Minor Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to allow the addition of a fourth drive- through lane for a 54,742 square foot bank at 5000 W 36th St and to convert the approval for a 9,872 square foot post office/retail customer service use to retail at 5050 W 36th St within a C-2 Commercial Zoning Distnct having the following legal description: Lot 1, Block 1, Wolfe Lake Professional Center WHEREAS, the City Council has considered the information related to Planning Case Nos. 02 -31 -PUD and 03 -76 -PUD and the effect of the proposed addition of a fourth drive- through lane 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 • Or PUTT • • Resolution No. 03-175 -2- WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 03-072 of the St. Louis Park City Council dated June 16, 2003 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 Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 03-072 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 02 -31 -PUD and 03 -76 -PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 03-072 filed as Document No. 8105489 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of permitting the addition of a fourth drive-through lane for a 54,742 square foot bank and convert the 9,872 square foot post office/retail to retail/service/office/medical and dental office within the C-2 Commercial Zoning District at the location described above subject to the following conditions: • 1. The site shall be developed, used and maintained in accordance with the Official Exhibits, subject to the approved changes through the final plat and PUD approval process. (amended by Condition 15 on December 1, 2003) 2. Final PUD approval and development is contingent upon developer meeting all conditions of final approval, including all Minnehaha Creek Watershed District requirements. 3. Prior to any site work, the developer/owner shall meet the following requirements: a. A copy of the Watershed District permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained c. Sign assent form and official exhibits d. Meet conditions of City signing final plat, including revised elevation plans that comply with the Architectural and PUD Ordinance requirements as approved by the Community Development Director or designee. e. Meet any Public Works or Inspections Department requirements including but not limited to protection of trail from construction vehicles, verification of street/signal hardware locations and approval of any necessary modifications, capping of any existing utilities that are not going to be used at the City Main. f. Required erosion control permits, utility permits and other required permits shall be obtained from the City. g. Landscaping plans shall be revised to meet bufferyard F for the office service and loading area, and a Bufferyard D for the bank drive through and post office Resolution No. 03-175 -3- mail1box drop-ef€ as approved by the Zoning Administrator unless a variance is obtained. (amended on December 1, 2003) h. Required tree protection and erosion control fencing shall be in place pnor to commencing any grading activities i Meet any Fire Department emergency access requirements for during construction. j. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping; tree replacement; restoration of curbs, boulevards and trails; sidewalk installation, and repair/cleaning of public streets. k. Final sidewalk construction plans, must be approved by the Public Works Director and the Zoning Administrator. (amended on December 1, 2003) 1. Final grading and tree replacement plans must be submitted and approved by the Public Works Director and Zoning Administrator. Required tree protection and erosion control fencing shall be in place pnor to commencing any grading activities. 4. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Meet all conditions of City signing Final Plat. b. The subdivider shall furnish the City with evidence of recording of the final plat and trail easement. c. Building materials samples to be submitted to and approved by Zoning Administrator d. An irrigation plan and final lighting plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. e. All roof top equipment shall be shown to be painted to match the roof and screened from off site views using a parapet wall incorporating the architectural features of the building as observed from 6 feet above ground level on the adjacent property lines and centerline of adjacent public rights-of-way 5. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. Tree protection and erosion control fencing shall remain in place until all construction impacts are completed. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. Prior to issuance of temporary and final occupancy permits, all conditions of the development agreement, relative to phased completion of improvements and submittal of financial sureties, and requirements of condition 15 of this approval must be met. (amended on December 1, 2003) Resolution No. 03-175 -4- 7. A six foot concrete sidewalk along the west side of Belt Line Boulevard and the east side • of Raleigh Avenue adjacent to the subject parcel are to be installed and maintained by the developer per the approved final site plan, and specifications unless the City chooses to install and/or maintain the sidewalks. 8. The developer shall provide the required number of replacement trees on site or a combination of on-site trees and cash in lieu of trees. The Community Development Director and Parks and Recreation Director shall approve the cash equivalent amount. • 9. A post office customer service facility is not allowed unless a future major amendment to the PUD is approved to address conditions for the use. (amended on December 1, 2003) 10. The following conversion of uses is allowed without amending the PUD: a. The 3,000 sq. ft. post office to retail provided the post office drop box driveway is The 19,700 sq. ft. bank to administrative offices provided the drive-through is closed and landscaped as approved by the Zoning Administrator. 11. The following ordinance modifications are approved: a. A PUD modification to allow 240 parking stalls rather than the required 264 stalls; b A PUD modification to allow setbacks on the retail/ building as shown on the approved (signed) Final PUD official exhibits; c. A PUD modification to allow a monument sign a minimum 2 feet north of the trail along 36th Street; 12. Signage (other than the setback of the monument sign) is not approved as part of the PUD. Prior to the installation of any signs, including temporary signs or new sign faces, the applicant shall obtain sign permits in accordance with ordinance requirements. 13. The development shall comply in all respects with any conditions for Plat approval, 'No Parking' Fire Lane Signage and all other City Ordinances. (amended on December 1., 2003) 14. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. 15. The Planned Unit Development shall be amended on December 1, 2003 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits, which shall be revised before signing to meet the following conditions: i. The exhibits must be revised to show the fourth bank drive through lane and one way bypass lane and all directional signage as approved by the Public Works Department. ii. The post office use and mailbox driveway must be eliminated from all exhibits. iii. The Site Plan must be revised to indicate the fire lanes as approved by the Fire Marshall. b. Prior to any temporary or permanent/final occupancy permits the developer shall comply with the following: • Resolution No. 03-175 -5- i. A third 'Do not enter' sign must be installed within the curbed island just west of the retail buildings eastern property line. 11. A cross access and circulation agreement and a storm water shared use and maintenance agreement must be recorded prior to the issuance of any occupancy permits. iii. A drainage easement must be dedicated over the retention pond and portion of we -112,1d on Parcel A as approved by the Public Works Department. iv No Parking Fire Lane Signs shall be posted on all private drive aisles in locations determined by the Fire Marshall prior to the issuance of any occupancy permits. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner). 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. 03-175 adopted at the St Louis Park City Council meeting held on December 1, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 17th day of December, 2003. `'-.n Nancy J. Stro j , eputy City Clerk