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HomeMy WebLinkAbout04-138 - ADMIN Resolution - City Council - 2004/11/150 RESOLUTION NO. 04-138 Amends and Restates Resolution No. 87-209 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 87-209 ADOPTED ON DECEMBER 21, 1987, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW THE CONSTRUCTION OF A DRIVEWAY FOR THE PURPOSE OF PARKING AND KEEPING ONE IMAGING TRAILER AT 5775 WAYZATA BOULEVARD FINDINGS WHEREAS, Center for Diagnostic Imaging-CDI (Park Place Opco, LLC), has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St Louis Park Ordinance Code to allow the construction of a dnveway for the purpose of parking and keeping one imaging trailer at 5775 Wayzata Boulevard within an (0) Office Zoning Distnct having the following legal descnption: Lot 4, Block 2, Park Plaza, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. Together with a non-exclusive easement for driveway and sidewalk purposes over adjoining Tract B, Registered Land Survey No. 1512, as created in Document No. 1431433. Torrens WHEREAS, the City Council has considered the information related to Planning Case Nos. 78 -127 -DDD, 81 -114 -SP, 85 -31 -SP, 87 -84 -SP, and 04 -58 -CUP and the effect of the proposed amendment to the site plan 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 permit was issued regarding the subject property pursuant to Resolution No. 87-209 of the St. Louis Park City Council dated December 21, 1987, 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 permit granted by Resolution No. 87-209, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; Resolution No. 04-138 -2- WHEREAS, the contents of Case Nos. 78 -127 -DDD, 81 -114 -SP, 85 -31 -SP, 87 -84 -SP, and 04 -58 -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. 87-209 (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 the construction of a driveway for the purpose of keeping one (1) trailer containing imaging equipment within the (0) Office 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 — Planting and Lighting Plan, Exhibit C — Grading Plan; Exhibit D — Garage Level Plan; Exhibit E — Elevation Plans; Exhibit F — Site Plan and Utility Diagram, except as modified on November 8, 1978 and on July 1, 1985. 2 All landscaping, parking improvements, curbing, sodding, building construction and related elements as shown on the exhibits shall be completed by October 15, 1980. 3 That a Class lII restaurant be allowed on the first floor as shown on Exhibit G — Cafetena, containing no more than 1,800 square feet of floor area and without any exterior signage. 4. An addition to the east side of the building containing 1,866 square feet is hereby permitted in accordance with Exhibit H — Park Place Office Building Addition Site Plan/Floor Plan; and Exhibit I — Park Place Office Building Addition Elevations. Said Exhibits H and I supersede the exhibits in Condition No. 1 but only to the extent relative to the 1,866 square foot addition and realignment of the abutting dnveway connecting the two parking lots and adjacent landscaping. If the proposed addition is constructed, it shall be completed, including the said landscaping adjustments and dnveway, by May 15, 1986. 5. An addition to the northeast side of the building containing 1,492 square feet is hereby permitted in accordance with Exhibit Al — Site Plan and Planting Plan; and Exhibit El — Elevation Plan, with all improvements to be completed by October 30, 1988. 6. The special permit shall be amended on November 15, 2004 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibits Ala, Alb - site plans, Ela and Elb-elevations, such documents incorporated by reference herein. b This driveway may only be used for the purpose of keeping a trailer containing imaging diagnostic equipment. c. No more than one trailer may be permanently kept on site. • Resolution No. 04-138 -3- In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked ,and cancelled if the building or structure for which the conditional use permit is granted is removed. applic Revie t form and official exhibits must be signed by applicant (or applicant and owner if t is different from owner) prior to issuance of building permit. ed for Administration: h1 City r/ ger_ Attest. O, ty Clerk Ad d by the City Council November 15, 2004 May r RESOLUTION NO. 04-138 Amends and Restates Resolution No. 87-209 4056195 N. Q SCD A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 87-209 ADOPTED ON DECEMBER 21, 1987, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW THE CONSTRUCTION OF A DRIVEWAY FOR THE PURPOSE OF PARKING AND KEEPING ONE IMAGING TRAILER AT 5775 WAYZATA BOULEVARD • FINDINGS WHEREAS, Center for Diagnostic Imaging-CDI (Park Place Opco, LLC), has made application to the City Council for an amendment to an existing special permit under:Section 36-36 of the St. Louis Park Ordinance Code to allow the construction of a driveway for the purpose of parking and keeping one imaging trailer at 5775 Wayzata Boulevard within an (0) Office Zoning District having the following legal description. Lot 4, Block 2, Park Plaza, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. Together with a non-exclusive easement for driveway and sidewalk purposes over adjoining Tract B, Registered Land Survey No. 1512, as created in Document No 1431433. Ton -ens WHEREAS, the City Council has considered the information related to Planning Case Nos. 78 -127 -DDD, 81 -114 -SP, 85 -31 -SP, 87 -84 -SP, and 04 -58 -CUP and the effect of the proposed amendment to the site plan 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 A • • Resolution No. 04-138 -2- ,WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No 87-209 of the St. Louis Park City Council dated December 21, 1987, 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 permit granted by Resolution No. 87-209, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos 78 -127 -DDD, 81 -114 -SP, 85 -31 -SP, 87 -84 -SP, and 04 -58 -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. 87-209 (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 the construction of a driveway for the purpose of keeping one (1) trailer containing imaging equipment within the (0) Office 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 — Planting and Lighting Plan; Exhibit C — Grading Plan; Exhibit D — Garage Level Plan; Exhibit E — Elevation Plans; Exhibit F — Site Plan and Utility Diagram, except as modified on November 8, 1978 and on July 1, 1985. 2. All landscaping, parking improvements, curbing, sodding, building construction and related elements as shown on the exhibits shall be completed by October 15, 1980. 3 That a Class III restaurant be allowed on the first floor as shown on Exhibit G — Cafeteria, containing no more than 1,800 square feet of floor area and without any exterior signage. 4. An addition to the east side of the building containing 1,866 square feet is hereby permitted in accordance with Exhibit H — Park Place Office Building Addition Site Plan/Floor Plan; and Exhibit I — Park Place Office Building Addition Elevations. Said Exhibits H and I supersede the exhibits in Condition No. 1 but only to the extent relative to the 1,866 square foot addition and realignment of the abutting driveway connecting the two parking lots and adjacent landscaping If the proposed addition is constructed, it shall be completed, including the said landscaping adjustments and driveway, by May 15, 1986. 5. An addition to the northeast side of the building containing 1,492 square feet is hereby ill permitted in accordance with Exhibit Al — Site Plan and Planting Plan; and Exhibit El — Elevation Plan, with all improvements to be completed by October 30, 1988. , Resolution No 04-138 -3- • 6. The special permit shall be amended on November 15, 2004 to incorporate all of the preceding conditions and add the following conditions- , a. The site shall be developed, used and maintained in accordance with Exhibits Ala, Alb - site plans, Ela and Elb-elevations, such documents incorporated by reference herein. b This driveway may only be used for the purpose of keeping a trailer containing imaging diagnostic equipment. c. No more than one trailer may be permanently kept on site In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance, 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) prior to issuance of building permit. 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. 04-138 adopted at the St. Louis Park City Council meeting held on November 15, 2004 WITNESS my hand and the Seal of the City of St. Louis Park this 30th day of November, 2004. Nancy J� Deputy City Clerk