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HomeMy WebLinkAbout04-063 - ADMIN Resolution - City Council - 2004/05/17• • RESOLUTION NO. 04-063 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-194(d)(12) AND 36-194(d)(12) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN BUILDING AND PARKING LOT EXPANSION TO SAM'S CLUB AND CONSTRUCTION OF A MEMBER'S ONLY FUEL STATION FOR PROPERTY ZONED C-2 NEIGHBORHOOD COMMERCIAL AND I -G GENERAL INDUSTRIAL DISTRICTS LOCATED AT 3745 LOUISIANA AVE AND 7115 LAKE STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: • Findings 1. Sam's Club (Wal Mart Stores, Inc.) has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(12) and 36-194(d)(12) of the St. Louis Park Ordinance Code for the purpose of permitting an expansion to Sam's Club building and parking lot, and construction of a member's only fuel facility within a C-2 Neighborhood Commercial and I -G General Industrial Distncts located at 3745 Louisiana Ave. S. and 7115 Lake Street for the legal description as follows, to -wit: See Attached Legal Description — Exhibit A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -08 -CUP) and the effect of the proposed building and parking lot expansion and new fuel facility 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance 3. The Council has determined that the building and parking lot expansion and new fuel facility will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed expansions and fuel facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 04 -08 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit permitting an expansion to Sam's Club building and parking lot, and construction of a member's only fuel facility at the location described is granted based on the findings set forth above and subject to the following conditions: • 1. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits shall be revised prior to signing to meet the recommended conditions, and City Code; documents incorporated by reference herein. Resolution No. 04-063 -2- 2. Sam's Club shall adhere to the Fire Department's requirements for the building expansion and fueling facility including: a. Fire hydrants shall be located on the southwest and southeast corners of the primary building. The current hydrant in the center of the south side may be removed. b. Fire lanes shall be indicated on the approved plans as recommended by the Fire Marshall. c. All underground tanks and piping for the fuel facility shall be of double wall construction. d Emergency pump shut off with signage and fire extinguisher shall be located on the south side of the building fuel facility building next to the emergency phone e. Fire extinguisher at the fuel facility shall have minimum of a 3A 40BC rating. f. Dispensing hose nozzle valves shall not be capable of being opened unless the deliver hose is pressunzed. If the pressure to the hose is lost, the nozzle shall close automatically (OPW 11B nozzle or equivalent). g. Signs shall be posted on each fuel facility dispenser stating: No Smoking, Stop Engine and Do not leave dispenser unattended while fueling. MN Statue 299F.011. 3. Prior to any site work, the developer shall meet the following requirements: a. Stormwater design details must be submitted and approved by the Public Works Director. b Final sidewalk construction specifications must be approved by the Public Works Director. c. A copy of the Watershed District permit shall be forwarded to the City. d. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. e. Any other necessary permits from other agencies shall be obtained. f. Sign Assent form and official exhibits. g. Meet conditions of City signing final plat. h. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed pnor to grading activities. 4. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: a. Meet all Public Works Department/Utility requirements as recommended by staff. b. Final roadway designs for Monitor Street shall be approved by the Public Works Director. c. The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed District and MPCA. d. Building and architectural screening materials samples & colors must be submitted to and approved by Zoning Administrator. e. Meet any Fire Department emergency access requirements for dunng construction. Resolution No. 04-063 -3- f. Provide evidence of recording the plat with the County unless waived by the City ® according to the terms of the development agreement. 5. The developer shall comply with the following conditions dunng construction: a All City noise ordinances shall be complied with, including 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. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris, that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties 6. Pnor to issuance of any occupancy permit: a. Fire lanes shall be in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved irrigation plan except that a temporary C of 0 can be issued prior to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irrigation improvements. c. Extenor building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors except that signs shall be approved as part of a sign plan. d. Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department. 7. During operation of any motor fuel station, the developer/property owner shall comply with the following: a. Outdoor public address systems are prohibited. Intercom systems between pumps and gas attendant are allowable provided it is not audible from any parcel that is zoned residential. b. No outside sales or display shall be permitted except for goods consumed in the normal operation of a car as specified per the Ordinance. Products shall not be sold or displayed in any required yard nor shall the total display of any one or combinations of such products occupy more than 150 square feet in area or more than 5 feet in height. 8. The developer shall provide the required number of replacement trees on site unless off- site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid. All plant materials planted on site shall be from sources within 100 miles of the metro area. 9. Prior to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. Resolution No. 04-063 -4- 10. All roof top equipment must be screened from off site views per Ordinance requirements. 11. Adequate screening is required for the tire/battery storage area to prevent direct views of storage items when viewed at a 90 degree angle while allowing adequate ventilation. 12. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 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. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. eviewed for Administration. City an,if Attest: Defoolity Clem Adopted by the City Council May 17, 2004 May • Resolution No. 04-063 -5- Attachment A: Legal Description Case No. 04 -08 -CUP Parcel 1: Lots 6, 7, 25, 27, 28 and 29, Block 162, except railroad right of way and Lot 30, Block 162, in Rearrangement of St. Louis Park, according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 247443 Parcel 2: Lots 8 and 9, Block 162 except that part thereof lying Northeasterly of a line running parallel to and distant 20 feet Southwesterly of the following described line: From a point on the center line of the main belt line track of the Minneapolis and St Louis and the Chicago, Milwaukee, St. Paul and Pacific Railroad, distant 25 feet Southerly measured at right angles from the South Line of Lake Street in St. Louis Park, run Southeasterly along said centerline of the main belt line track for a distance of 391.5 feet to the point of beginning of line to be described; thence run Northwesterly on a 10 degrees 00 minutes curve, said curve being tangent to said center line of main belt line track at said point of beginning for a distance of 200 feet and there terminating. Lots 10 and 22, except the South 30 feet of said Lots, Block 162; Lots 23 and 24, Block 162; That part of the following described property: Lots 31, 32, and 33, except the South 30 feet of said Lot 33, Block 162 which lies Easterly of the following descnbed line: Beginning at a point in the Northerly line of said Lot 31, 59.00 feet Easterly of the Northwest corner; thence Southerly to a point on the Northerly line of said Lot 33, distant 66.00 feet from its Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, of said Block 162 distant 61.00 feet from its Northwesterly corner, all in Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the Office of the Register of Deeds in and for said Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 685499. Parcel 3: Those part of Lots 2, 3, 4, 5, 6, 7, 8, 9, 25, 26, 27, 28 and 29, Block 162, Rearrangement of St. Louis Park, Hennepin County, Minnesota, descnbed as follows: Commencing at the most Westerly corner of said Lot 26; thence North 65 degrees 58 minutes 11 seconds East, assumed bearing, along the Northerly line of said Lot 26, a distance of 50.00 feet to the point of beginning of the tract of land to be described; thence continuing North 65 degrees 58 minutes 11 seconds East, along the Northerly lines of said Lots 26, 3 and 2, a distance of 415.58 feet to an intersection with a line drawn 10 feet Westerly of, measured at a nght angle to Resolution No. 04-063 -6- and parallel with the Easterly line of said Lot 2; thence South 45 degrees 20 minutes 47 seconds East, along said parallel line, a distance of 426.30 feet to an intersection with the Easterly extension of the Southerly line of Lot 10, in said Block 162; thence South 65 degrees 58 minutes 53 seconds West, along said extended line, a distance of 70.60 feet to the most Easterly corner of said Lot 10; thence North 45 degrees 20 mintues, 47 seconds West, along the Easterly lines of said Lots 10 and 9, a distance of 63.59 feet; thence Northwesterly a distance of 526.51 feet, along a non-tangential curve concave to the Southwest, having a radius of 552.97 feet, a central angle of 54 degrees 33 minutes 18 seconds and a chord bearing of North 52 degrees 05 minutes 16 seconds West, to an intersection with the Southerly line of said Lot 26; thence South 65 degrees 58 minutes 11 seconds West, along the Southerly line of said Lot 26, a distance of 89.33 feet to a point in said Southerly line of Lot 26 distant 26.95 feet Easterly from the most Southerly corner of said Lot 26; thence North 6 degrees 36 minutes 44 seconds East, a distance of 57.65 feet to the point of beginning. And (Per Certificate of Title No. 759146) Par 1: That part of Lot 2, Block 162, "Rearrangement of St. Louis Park" lying South of the North line of Lot 11 in said Block extended East together with all that part of the Northerly Half of Second Street vacated lying West of the West line of Monitor Street and Easterly of a line which is parallel to and 25 feet Southwesterly at nght angles from the center hne of the spur track of the Minneapolis & St. Louis Railroad Company and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company. Par 2: The South 30 feet of Lots 10 and 22 (as measured at nght angles to the South hne of said Lots 10 and 22); and that part of the South 30 feet of Lot 33 (as measured at nght angles to the South line of said Lot 33) which hes Easterly of the following descnbed line: Beginning at a point on the Northerly line of Lot 33, distant 66 feet (as measured along the Northerly line of said Lot 33) Easterly from its Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, distant 61 feet (as measured along the Northerly line of said Lot 35) Easterly from its Northwesterly corner and there terminating, except the South 10 feet of the West 10 feet of said part of Lot 33, Block 162, Rearrangement of St. Louis Park. Par 3: Lots 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21, Block 162; That part of the following described property: Lots 17, 34, 35, 36, 37 and 38 Block 162; All of Block 164; All of the Southerly 'h of Second Street vacated lying between extensions across it of the Easterly line of Lot 1 and the Westerly line of Lot 17 of said Block 164, and all of the Northerly 1/2 of Second Street vacated, lying East of an extension across it of the West line of said Lot 17 and West of a line across said strip of land which is parallel to and 25 feet Southwesterly at right angles from the center line of spur track of the Minneapolis & St. Louis Railroad Company and Chicago, Milwaukee, St. Paul and Pacific Railroad Company, which lies easterly of the following described line: Beginning at a point on the Northerly line of Lot 33, Block 162, distant 66.00 feet from its Northwesterly corner, thence Southerly to a point on the Northerly line of said Lot 35, distant 61.00 feet from its Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 17, Block 162, distant 81.00 feet from its Southwesterly corner, Resolution No. 04-063 -7- thence Southerly to a point on the Northerly line of Lot 16, Block 164, distant 21.00 feet from its Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 16, distant 14.00 feet from its Southwesterly corner. Except the North 10 feet of the West 10 feet of that part of Lot 34, Block 162, lying Easterly of the above descnbed line, all in Rearrangement of St. Louis Park. a • TRANSFER ENT HENNEPIN COUNTY TAXPAYER SERVICES 0 RESOLUTION NO. 04-063 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-194(d)(12) AND 36-194(d)(12) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN BUILDING AND PARKING LOT EXPANSION TO SAM'S CLUB AND CONSTRUCTION OF A MEMBER'S ONLY FUEL STATION FOR PROPERTY ZONED C-2 NEIGHBORHOOD COMMERCIAL AND I -G GENERAL INDUSTRIAL DISTRICTS LOCATED AT 3745 LOUISIANA AVE AND 7115 LAKE STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 Sam's Club (Wal Mart Stores, Inc.) has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(12) and 36-194(d)(12) of the St. Louis Park Ordinance Code for the purpose of permitting an expansion to Sam's Club building and parking lot, and construction of a member's only fuel facility within a C-2 Neighborhood Commercial and I -G General Industrial Districts located at 3745 Louisiana Ave. S and 7115 Lake Street for the legal description as follows, to -wit. See Attached Legal Description — Exhibit A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -08 -CUP) and the effect of the proposed building and parking lot expansion and new fuel facility 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance 3. The Council has determined that the building and parking lot expansion and new fuel facility will not be detnmental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it senously depreciate surrounding Resolution No. 04-063 -2- 0 property values, and the proposed expansions and fuel facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 0 0 4. The contents of Planning Case File 04 -08 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit permitting an expansion to Sam's Club building and parking lot, and construction of a member's only fuel facility at the location described is granted based on the findings set forth above and subject to the following conditions. 1 The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits shall be revised pnor to signing to meet the recommended conditions, and City Code; documents incorporated by reference herein. 2. Sam's Club shall adhere to the Fire Department's requirements for the building expansion and fueling facility including• a. Fire hydrants shall be located on the southwest and southeast corners of the pnmary building. The current hydrant in the center of the south side may be removed. b. Fire lanes shall be indicated on the approved plans as recommended by the Fire Marshall c. All underground tanks and piping for the fuel facility shall be of double wall construction d Emergency pump shut off with signage and fire extinguisher shall be located on the south side of the building fuel facility building next to the emergency phone. e Fire extinguisher at the fuel facility shall have minimum of a 3A 40BC rating. f. Dispensing hose nozzle valves shall not be capable of being opened unless the deliver hose is pressunzed. If the pressure to the hose is lost, the nozzle shall close automatically (OPW 11B nozzle or equivalent). g. Signs shall be posted on each fuel facility dispenser stating: No Smoking, Stop Engine and Do not leave dispenser unattended while fueling. MN Statue 299F 011. 3 Prior to any site work, the developer shall meet the following requirements - a. Stormwater design details must be submitted and approved by the Public Works Director. b. Final sidewalk construction specifications must be approved by the Public Works Director. c. A copy of the Watershed Distnct permit shall be forwarded to the City. d Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions e Any other necessary permits from other agencies shall be obtained Resolution No. 04-063 -3- f. Sign Assent form and official exhibits. g. Meet conditions of City signing final plat. h Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed prior to grading activities. 4 Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: a Meet all Public Works Department/Utility requirements as recommended by staff. b Final roadway designs for Monitor Street shall be approved by the Public Works Director. c The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies pnor to any site work, including the Minnehaha Creek Watershed District and MPCA. d Building and architectural screening materials samples & colors must be submitted to and approved by Zoning Administrator e Meet any Fire Department emergency access requirements for during construction. f Provide evidence of recording the plat with the County unless waived by the City according to the terms of the development agreement. III5 The developer shall comply with the following conditions during construction. 0 a. All City noise ordinances shall be complied with, including 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. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debns that could blow onto neighbonng properties d. Public streets shall be maintained free of dirt and shall be cleaned as necessary 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 any occupancy permit. a Fire lanes shall be in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved irngation plan except that a temporary C of 0 can be issued pnor to completion of landscaping and imgation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irngation improvements. c Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved matenals and colors except that signs shall be approved as part of a sign plan. Resolution No. 04-063 -4- d. Prior to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department. 7 Dunng operation of any motor fuel station, the developer/property owner shall comply with the following: a Outdoor public address systems are prohibited. Intercom systems between pumps and gas attendant are allowable provided it is not audible from any parcel that is zoned residential b. No outside sales or display shall be permitted except for goods consumed in the normal operation of a car as specified per the Ordinance. Products shall not be sold or displayed in any required yard nor shall the total display of any one or combinations of such products occupy more than 150 square feet in area or more than 5 feet in height 8 The developer shall provide the required number of replacement trees on site unless off- site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid. All plant matenals planted on site shall be from sources within 100 miles of the metro area. 9 Prior to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. 10 All roof top equipment must be screened from off site views per Ordinance requirements. 11 Adequate screening is required for the tire/battery storage area to prevent direct views of storage items when viewed at a 90 degree angle while allowing adequate ventilation 12 The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 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. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Resolution No. 04-063 -5- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST LOUIS PARK ) ) ss ) 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 04-063 adopted at the St. Louis Park City Council meeting held on May 17, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 21st day of June, 2004. Nancy J. Str eputy City Clerk • Resolution No. 04-063 -6- Attachment A: Legal Descnption Case No. 04 -08 -CUP Parcel 1 Lots 6, 7, 25, 27, 28 and 29, Block 162, except railroad nght of way and Lot 30, Block 162, in Rearrangement of St. Louis Park, according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No 247443 Parcel 2 Lots 8 and 9, Block 162 except that part thereof lying Northeasterly of a line running parallel to and distant 20 feet Southwesterly of the following described line. From a point on the center line of the main belt line track of the Minneapolis and St Louis and the Chicago, Milwaukee, St. Paul and Pacific Railroad, distant 25 feet Southerly measured at p1, right angles from the South Line of Lake Street in St. Louis Park, run Southeasterly along said centerline of the main belt line track for a distance of 391.5 feet to the point of beginning of line to be descnbed, thence run Northwesterly on a 10 degrees 00 minutes curve, said curve being tangent to said center line of main belt line track at said point of beginning for a distance of 200 feet and there terminating. u'i° • 0 Lots 10 and 22, except the South 30 feet of said Lots, Block 162; Lots 23 and 24, Block 162; That part of the following described property. Lots 31, 32, and 33, except the South 30 feet of said Lot 33, Block 162 which hes Easterly of the following described line: Beginning at a point in the Northerly line of said Lot 31, 59.00 feet Easterly of the Northwest corner; thence Southerly to a point on the Northerly line of said Lot 33, distant 66.00 feet from its Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, of said Block 162 distant 61.00 feet from its Northwesterly corner, all in Rearrangement of St Louis Park, according to the plat thereof on file or of record in the Office of the Register of Deeds in and for said Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 685499 Parcel 3: Those part of Lots 2, 3, 4, 5, 6, 7, 8, 9, 25, 26, 27, 28 and 29, Block 162, Rearrangement of St. Louis Park, Hennepin County, Minnesota, descnbed as follows: • 4 Resolution No. 04-063 -7- Commencing at the most Westerly corner of said Lot 26; thence North 65 degrees 58 minutes 11 seconds East, assumed bearing, along the Northerly line of said Lot 26, a distance of 50.00 feet to the point of beginning of the tract of land to be descnbed, thence continuing North 65 degrees 58 minutes 11 seconds East, along the Northerly lines of said Lots 26, 3 and 2, a distance of 415.58 feet to an intersection with a line drawn 10 feet Westerly of, measured at a right angle to and parallel with the Easterly line of said Lot 2; thence South 45 degrees 20 minutes 47 seconds East, along said parallel line, a distance of 426.30 feet to an intersection with the Easterly extension of the Southerly line of Lot 10, in said Block 162, thence South 65 degrees 58 minutes 53 seconds West, along said extended line, a distance of 70.60 feet to the most Easterly corner of said Lot 10, thence North 45 degrees 20 mintues, 47 seconds West, along the Easterly lines of said Lots 10 and 9, a distance of 63.59 feet; thence Northwesterly a distance of 526.51 feet, along a non-tangential curve concave to the Southwest, having a radius of 552.97 feet, a central angle of 54 degrees 33 minutes 18 seconds and a chord beanng of North 52 degrees 05 minutes 16 seconds West, to an intersection with the Southerly line of said Lot 26; thence South 65 degrees 58 minutes 11 seconds West, along the Southerly line of said Lot 26, a distance of 89.33 feet to a point in said Southerly line of Lot 26 distant 26.95 feet Easterly from the most Southerly corner of said Lot 26; thence North 6 degrees 36 minutes 44 seconds East, a distance of 57.65 feet to the point of beginning. And (Per Certificate of Title No. 759146) ® vIl_Q Par 1• That part of Lot 2, Block 162, "Rearrangement of St. Louis Park" lying South of the North line of Lot 11 in said Block extended East together with all that part of the Northerly Half of Second Street vacated lying West of the West line of Monitor Street and Easterly of a line /2 which is parallel to and 25 feet Southwesterly at right angles from the center line of the spur 0 track of the Minneapolis & St. Louis Railroad Company and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company Par 2• The South 30 feet of Lots 10 and 22 (as measured at nght angles to the South line of said Lots 10 and 22); and that part of the South 30 feet of Lot 33 (as measured at right angles to the South line of said Lot 33) which lies Easterly of the following descnbed line. Beginning at a point on the Northerly line of Lot 33, distant 66 feet (as measured along the Northerly line of said Lot 33) Easterly from its Northwesterly corner, thence Southerly to a point on the Northerly line of Lot 35, distant 61 feet (as measured along the Northerly line of said Lot 35) Easterly from its Northwesterly corner and there terminating; except the South 10 feet of the West 10 feet of said part of Lot 33, Block 162, Rearrangement of St Louis Park. Par 3 Lots 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21, Block 162; That part of the following described property Lots 17, 34, 35, 36, 37 and 38 Block 162; All of Block 164; All of the Southerly i/ of Second Street vacated lying between extensions across it of the Easterly line of Lot 1 and the Westerly line of Lot 17 of said Block 164, and all of the Northerly '/ of Second Street vacated, lying East of an extension across it of the West line of said Lot 17 • s Resolution No. 04-063 -8- and West of a line across said strip of land which is parallel to and 25 feet Southwesterly at nght angles from the center line of spur track of the Minneapolis & St. Louis Railroad Company and Chicago, Milwaukee, St. Paul and Pacific Railroad Company, which hes easterly of the following descnbed line: Beginning at a point on the Northerly line of Lot 33, Block 162, distant 66.00 feet from its Northwesterly corner, thence Southerly to a point on the Northerly line of said Lot 35, distant 61.00 feet from its Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 17, Block 162, distant 81.00 feet from its Southwesterly corner, thence Southerly to a point on the Northerly line of Lot 16, Block 164, distant 21.00 feet from its QNorthwesterly corner, thence Southerly to a point on the Southerly line of said Lot 16, distant X914 00 feet from its Southwesterly corner. `/ ,Except the North 10 feet of the West 10 feet of that part of Lot 34, Block 162, lying Easterly of the above described line, all in Rearrangement of St. Louts Park • . 0 TRANSFER ENTERS® HENNEPIN COUNTY TAXPAYER SERVICES 1111 1 11111 1 II 11 1111 II III llI luhl 1 Doc No 8403142 07/23/200410 00 AM Certified filed and or recorded cm above date Office of the County R#order Hennepin County, Minnesota Michael H Cunniff, Country Recorder Deputy 021 Transl 48572 Fees $15 00 DOC $4 50 SUR $5 00 MAIL $24 50 Total RESOLUTION NO. 04-063 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-194(d)(12) AND 36-194(d)(12) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN BUILDING AND PARKING LOT EXPANSION TO SAM'S CLUB AND CONSTRUCTION OF A MEMBER'S ONLY FUEL STATION FOR PROPERTY ZONED C-2 NEIGHBORHOOD COMMERCIAL AND I -G GENERAL INDUSTRIAL DISTRICTS LOCATED AT 3745 LOUISIANA AVE AND 7115 LAKE STREET • BE IT RESOLVED BY the City Council of the City of St. Louis Park: 0 Findings 1 Sam's Club (Wal Mart Stores, Inc ) has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(12) and 36-194(d)(12) of the St. Louis Park Ordinance Code for the purpose of permitting an expansion to Sam's Club building and parking lot, and construction of a member's only fuel facility within a C-2 Neighborhood Commercial and I -G General Industrial Districts located at 3745 Louisiana Ave S. and 7115 Lake Street for the legal description as follows, to -wit: See Attached Legal Descnption — Exhibit A 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04 -08 -CUP) and the effect of the proposed building and parking lot expansion and new fuel facility 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3 The Council has det'e'rmined that the building 'and parking lot expansion and new fuel facility will not be detrimental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it senously depreciate surrounding ' Resolution No 04-063 -2- 0 property values, and the proposed expansions and fuel facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4 The contents of Planning Case File 04 -08 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit permitting an expansion to Sam's Club building and parking lot, and construction of a member's only fuel facility at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits shall be revised pnor to signing to meet the recommended conditions, and City Code; documents incorporated by reference herein. 2 Sam's Club shall adhere to the Fire Department's requirements for the building expansion and fueling facility including. a Fire hydrants shall be located on the southwest and southeast corners of the pnmary building. The current hydrant in the center of the south side may be removed b Fire lanes shall be indicated on the approved plans as recommended by the Fire Marshall. c All underground tanks and piping for the fuel facility shall be of double wall construction. d. Emergency pump shut off with signage and fire extinguisher shall be located on the south side of the building fuel facility building next to the emergency phone e Fire extinguisher at the fuel facility shall have minimum of a 3A 40BC rating f. Dispensing hose nozzle valves shall not be capable of being opened unless the deliver hose is pressunzed. If the pressure to the hose is lost, the nozzle shall close automatically (OPW 11B nozzle or equivalent). g. Signs shall be posted on each fuel facility dispenser stating. No Smoking, Stop Engine and Do not leave dispenser unattended while fueling. MN Statue 299F.011. 3. Prior to any site work, the developer shall meet the following requirements. a Stormwater design details must be submitted and approved by the Public Works Director. b Final sidewalk construction specifications must be approved by the Public Works Director. c. A copy of the Watershed District permit shall be forwarded to the City. d Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. e. Any other necessary permits from other agencies shall be obtained ' Resolution No. 04-063 -3- f Sign Assent form and official exhibits. g Meet conditions of City signing final plat h. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester Required tree protection and erosion control fencing must be installed pnor to grading activities. 4 Pnor to issuance of a building permit, which may impose additional requirements, the applicant shall: a. Meet all Public Works Department/Utility requirements as recommended by staff b Final roadway designs for Monitor Street shall be approved by the Public Works Director. c The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed District and MPCA. d Building and architectural screening matenals samples & colors must be submitted to and approved by Zoning Administrator. e Meet any Fire Department emergency access requirements for during construction. f Provide evidence of recording the plat with the County unless waived by the City according to the terms of the development agreement. 5 The developer shall comply with the following conditions dunng construction: a. All City noise ordinances shall be complied with, including 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. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d Public streets shall be maintained free of dirt and shall be cleaned as necessary e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6 Pnor to issuance of any occupancy permit: a Fire lanes shall be in accordance with the signed Official Exhibits. b Landscaping and imgation shall be in accordance with the signed Official Exhibits and approved imgation plan except that a temporary C of 0 can be issued prior to completion of landscaping and imgation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and imgation improvements. c. Extenor building improvements shall be completed in accordance with the signed Official Exhibits and approved matenals and colors except that signs shall be approved as part of a sign plan. Resolution No. 04-063 -4- d Prior to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department. 7. During operation of any motor fuel station, the developer/property owner shall comply with the following: a. Outdoor public address systems are prohibited. Intercom systems between pumps and gas attendant are allowable provided it is not audible from any parcel that is zoned residential b No outside sales or display shall be permitted except for goods consumed in the normal operation of a car as specified per the Ordinance. Products shall not be sold or displayed in any required yard nor shall the total display of any one or combinations of such products occupy more than 150 square feet in area or more than 5 feet in height. 8. The developer shall provide the required number of replacement trees on site unless off- site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid All plant matenals planted on site shall be from sources within 100 miles of the metro area. 9 Prior to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained 10. All roof top equipment must be screened from off site views per Ordinance requirements 11 Adequate screening is required for the tire/battery storage area to prevent direct views of storage items when viewed at a 90 degree angle while allowing adequate ventilation. 12 The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 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 Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be • Resolution No. 04-063 -5- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ss 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. 04-063 adopted at the St. Louis Park City Council meeting held on May 17, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 21st day of June, 2004 Nancy J. Str Deputy City Clerk • Resolution No 04-063 -6- Attachment A: Legal Descnption Case No. 04 -08 -CUP Parcel 1 Lots 6, 7, 25, 27, 28 and 29, Block 162, except railroad right of way and Lot 30, Block 162, in Rearrangement of St. Louis Park, according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No 247443 Parcel 2: Lots 8 and 9, Block 162 except that part thereof lying Northeasterly of a line running parallel to and distant 20 feet Southwesterly of the following described line: From a point on the center line of the main belt line track of the Minneapolis and St Louis and the Chicago, Milwaukee, St Paul and Pacific Railroad, distant 25 feet Southerly measured at right angles from the South Line of Lake Street in St. Louis Park, run Southeasterly along said centerline of the main belt line track for a distance of 391.5 feet to the point of beginning of line to be described; thence run Northwesterly on a 10 degrees 00 minutes curve, said curve being tangent to said center line of main belt line track at said point of beginning for a distance of 200 feet and there terminating. • Lots 10 and 22, except the South 30 feet of said Lots, Block 162; Lots 23 and 24, Block 162; That part of the following described property. Lots 31, 32, and 33, except the South 30 feet of said Lot 33, Block 162 which lies Easterly of the following described line: Beginning at a point in the Northerly line of said Lot 31, 59.00 feet Easterly of the Northwest corner, thence Southerly to a point on the Northerly line of said Lot 33, distant 66.00 feet from its Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, of said Block 162 distant 61 00 feet from its Northwesterly corner, all in Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the Office of the Register of Deeds in and for said Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 685499. Parcel 3: Those part of Lots 2, 3, 4, 5, 6, 7, 8, 9, 25, 26, 27, 28 and 29, Block 162, Rearrangement of St. Louis Park, Hennepin County, Minnesota, described as follows: • • Resolution No. 04-063 -7- Commencing at the most Westerly corner of said Lot 26; thence North 65 degrees 58 minutes 11 seconds East, assumed bearing, along the Northerly line of said Lot 26, a distance of 50.00 feet to the point of beginning of the tract of land to be described; thence continuing North 65 degrees 58 minutes 11 seconds East, along the Northerly lines of said Lots 26, 3 and 2, a distance of 415.58 feet to an intersection with a line drawn 10 feet Westerly of, measured at a nght angle to and parallel with the Easterly line of said Lot 2; thence South 45 degrees 20 minutes 47 seconds East, along said parallel line, a distance of 426.30 feet to an intersection with the Easterly extension of the Southerly line of Lot 10, in said Block 162; thence South 65 degrees 58 minutes 53 seconds West, along said extended line, a distance of 70.60 feet to the most Easterly corner of said Lot 10; thence North 45 degrees 20 mintues, 47 seconds West, along the Easterly lines of said Lots 10 and 9, a distance of 63.59 feet; thence Northwesterly a distance of 526.51 feet, along a non-tangential curve concave to the Southwest, having a radius of 552.97 feet, a central angle of 54 degrees 33 minutes 18 seconds and a chord beanng of North 52 degrees 05 minutes 16 seconds West, to an intersection with the Southerly line of said Lot 26; thence South 65 degrees 58 minutes 11 seconds West, along the Southerly line of said Lot 26, a distance of 89 33 feet to a point in said Southerly line of Lot 26 distant 26.95 feet Easterly from the most Southerly corner of said Lot 26; thence North 6 degrees 36 minutes 44 seconds East, a distance of 57 65 feet to the point of beginning. And (Per Certificate of Title No 759146) Par 1 That part of Lot 2, Block 162, "Rearrangement of St Louis Park" lying South of the North line of Lot 11 in said Block extended East together with all that part of the Northerly Half of Second Street vacated lying West of the West line of Monitor Street and Easterly of a line which is parallel to and 25 feet Southwesterly at nght angles from the center line of the spur track of the Minneapolis & St. Louis Railroad Company and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company. Par 2. The South 30 feet of Lots 10 and 22 (as measured at right angles to the South line of said Lots 10 and 22); and that part of the South 30 feet of Lot 33 (as measured at nght angles to the South line of said Lot 33) which lies Easterly of the following described line: Beginning at a point on the Northerly line of Lot 33, distant 66 feet (as measured along the Northerly line of said Lot 33) Easterly from its Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, distant 61 feet (as measured along the Northerly line of said Lot 35) Easterly from its Northwesterly corner and there terminating; except the South 10 feet of the West 10 feet of said part of Lot 33, Block 162, Rearrangement of St. Louis Park. Par 3: Lots 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21, Block 162; That part of the following described property: Lots 17, 34, 35, 36, 37 and 38 Block 162; All of Block 164; All of the Southerly i/ of Second Street vacated lying between extensions across it of the Easterly line of Lot 1 and the Westerly line of Lot 17 of said Block 164, and all of the Northerly 0 '1 of Second Street vacated, lying East of an extension across it of the West line of said Lot 17 . Resolution No 04-063 -8- and West of a line across said stnp of land which is parallel to and 25 feet Southwesterly at right angles from the center line of spur track of the Minneapolis & St. Louis Railroad Company and Chicago, Milwaukee, St. Paul and Pacific Railroad Company, which hes easterly of the following descnbed line: Beginning at a point on the Northerly line of Lot 33, Block 162, distant 66.00 feet from its Northwesterly corner, thence Southerly to a point on the Northerly line of said Lot 35, distant 61.00 feet from its Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 17, Block 162, distant 81.00 feet from its Southwesterly corner, thence Southerly to a point on the Northerly line of Lot 16, Block 164, distant 21.00 feet from its Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 16, distant 14 00 feet from its Southwesterly corner Except the North 10 feet of the West 10 feet of that part of Lot 34, Block 162, lying Easterly of the above described line, all in Rearrangement of St. Louis Park