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Home My WebLink About05-071 - ADMIN Resolution - City Council - 2005/05/16o 0 RESOLUTION NO. 05 - 071 Amends and Restates Resolution No. 96-74 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 96- 74 TO ALLOW THE CONSTRUCTION OF AN OUTDOOR DINING AREA AT 9970 WAYZATA BOULEVARD. FINDINGS WHEREAS, Crowne West Limited Partnership (Holiday Inn) and US West New Vector Group, Inc. have made application to the City Council for an amendment to a continued special permit under Section 8-6.4 of the St. Louis Park Ordinance Code to allow construction of an equipment building to an existing 198 unit hotel and Class I Restaurant located at 9970 Wayzata Boulevard within an "0" Office Distnct having the following legal descnption: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is descnbed as follows: Commending at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the Westerly line of said Lot 1, and there terminating. All of Block 4, Shelard Park according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota (Abstract) WHEREAS, the City Council has considered the information related to Planning Case Nos 84- 98 -SP, 86 -17 -SP and 96 -11 -CUP and the effect of the proposed construction of an equipment building 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 WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 86-56 of the St. Louis Park City Council dated May 6, 1986 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 continued special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 96-74 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 84 -94 -SP, 86 -17 -SP, 96 -11 -CUP and 05 -21 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 05-071 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No 96-74 filed as document number 6615565 is hereby rescinded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting construction of an outdoor dining patio to the existing hotel and restaurant within the "0" 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; Exhibit B- Floor Plans, Exhibits C, D and E — Elevations, Exhibit F — Landscape Plan, and Exhibit G — Site and Utility Plan dated March 19, 1985 2. Use of the site shall be limited to a hotel with 198 units and 6,925 square feet of inside restaurant and lounge space. 3. There shall be no outside storage of trash or trash containers on the site. 4. No outdoor lighting standards shall be higher than 20 feet off the ground. All such lighting shall be directed perpendicularly to the ground, and no direct light rays shall extend beyond the property line 5. Signs shall be permited as allowed in the adopted Sigh Policy for Shelard Park. 6. That at the discretion of the applicant, parking may be expanded to the north to allow the addition of from 60 to 109 spaces as shown on Exhibit H — Site Plan; Exhibit I — Site/Utility Plan; and Exhibit J — Landscape Plan. 7. All improvements to the site shall be completed by May 15, 1987. 8. The continued special permit shall be amended pursuant to Planning Case No 86 -11 - CUP to permit construction of an equipment building subject to the following conditions: A. The site shall be developed, used and maintained in accordance with Exhibit K — Supplemental Site Plan; Exhibit L — Supplemental Elevations and Exhibit M — Elevations, Roof and Floor Plans; such documents incorporated by reference herein and modified according to the following conditions of approval. i. The antenna shall be painted light blue to blend with the sky and reduce their visual impact ii. The exterior of the equipment shall be stucco and the color of the stucco, metal chase and air conditioners shall match the color of the principal building. 111. 5 evergreen trees, a minimum of 6 feet in height, shall be planted along the east property line in locations approved by the Planning Coordinator for screening the air conditioners from off-site views. B. All improvements shall be completed by May 20, 1997. 0 Resolution No. 05-071 -3- 9. The outdoor dining patio shall be constructed in accordance with Exhibit P — Dining Patio. 10. 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 11. 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. 12. Assent form and official exhibits must be signed by applicant (or applicant and owner if licant is different from owner .nor to issuance of building .ermit. Revi Administration: Adopted by the City Council May 16, 2005 Mi yo City Man : ger Attest: ity Clerk