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HomeMy WebLinkAbout05-116 - ADMIN Resolution - City Council - 2005/09/06RESOLUTION NO. 05-116 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RETAIL STORE IN EXCESS OF 20,000 SQUARE FEET FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 7115 WEST LAKE STREET AND 3745 LOUISIANA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Sam's Club (Sam's Real Estate Business Trust) has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of allowing a retail store in excess of 20,000 square feet within a C-2 General District located at 7115 West Lake Street and 3745 Louisiana Avenue South for the legal description as follows, to -wit: Lot 1, Block 1, Sam's Club Addition 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -46 -CUP) and the effect of the proposed retail store 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 retail store 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 retail store is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 05 -46 -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 a retail store over 20,000 square feet at the location described is granted based on the findings set forth above and subject to the following conditions: Resolution No. 05-116 -2- 1. Prior to any site work, the applicant 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. Final roadway designs for Monitor Street shall be approved by the Public Works Director. d. A copy of the Watershed District permit shall be forwarded to the City. e. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. f. Any other necessary permits from other agencies shall be obtained. g. Sign Assent form and official exhibits. 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. 2. 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. Meet all Fire Department requirements as recommended by staff. 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 materials samples and colors must be submitted to and approved by Zoning Administrator. e. Meet any Fire Department emergency access requirements for during construction. f. Sign a development agreement that addresses all of the improvement items included in the entire Conditional Use Permit and provide the necessary financial guarantees to ensure installation of those required improvements. • • • Resolution No. 05-116 -3- g. Submit for City Staff approval a construction staging plan demonstrating that construction will not interfere with normal operations at the on-site Sam's Club store that will remain open during the construction period. h. Submit a copy of the lease agreement for additional, off-site parking to be used during the construction period. Submit for City Staff approval a plan demonstrating how off-site parking will be used for employee parking for the duration of the construction period. Such a plan shall include details of how employees are to travel to and from the off-site parking. 3. The applicant shall comply with the following conditions during 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 at all times be maintained free of dirt and shall be cleaned as often as is necessary dunng the construction process. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. f. The applicant shall maintain complete separation between all construction activities and all activities at the active Sam's Club store. 4. 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 irrigation plan except that a temporary Certificate of Occupancy 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 imgation improvements. Resolution No. 05-116 -4- c. Exterior 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. 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. e. The applicant must indicate a construction timeline for the reconstruction of Monitor Street. f. A maintenance plan for the on-going maintenance of the stormwater system shall be submitted to and approved by the Public Works Department. g. The applicant shall submit an irrevocable, automatically renewable letter of credit in the amount of 125% of the cost of certain site improvements, including those improvements relating to utility construction, street construction, sidewalk construction, and parking lot construction. 5. Prior to the issuance of a building permit for the motor fuel station, the applicant shall complete construction of Monitor Street. 6. During operation of any motor fuel station, the applicant 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 be more than 5 feet in height. 7. The applicant shall adhere to the Fire Department's requirements for the motor fuel station, including: a. Fire hydrants must be located as required by the Fire Marshal. b. Fire lanes must be indicated on the approved plans. c. All underground tanks and piping 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 next to the emergency phone. Resolution No. 05-116 -5- e. Fire extinguisher shall have minimum f a 3A 40BC rating. f. Dispensing hose nozzle valves shall not be capable of being opened unless the deliver hose is pressurized. If the pressure to the hose is lost, the nozzle shall close automatically (OPW 1 IB nozzle or equivalent). g. Signs shall be posted on each dispenser stating: No Smoking, Stop Engine and Do not leave dispenser unattended while fueling. (MN Statue 299F.011.) 8. The applicant must 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 have been cultivated and come from sources within 100 miles of the site. 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. Such screening shall utilize either a parapet wall or a fence designed to incorporate the architectural features of the building. No roof top equipment shall be screened solely by painting it. 11. Adequate screening is required for the tire/battery storage area at all times to prevent direct views from on or off-site of any items being stored. Doors to the tire/battery storage area shall remain closed at all times except those when items are placed in or taken from the storage area. 12. The applicant must agree to participate in the payment of a portion of the cost of future infrastructure improvements at Hwy 7 and Wooddale which address traffic and pedestrian safety issues at this intersection and across Hwy 7. 13. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits as modified prior to signing to meet the required conditions of approval, and the City Code; documents incorporated by reference herein. 14. No outdoor sales shall be permitted. 15. Except for the temporary storage of empty carts and those exceptions governing the motor fuel station, no outdoor storage or display shall be permitted. Resolution No. 05-116 -6- 16. Upon City Council approval of the CUP, the applicant shall request that the City vacate an existing utility easement located in the same location as the proposed store. The applicant must also dedicate a new utility easement to the City for purposes of water provision. 17. In addition to any other remedies, the applicant shall pay an administrative fee 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) prior to issuance of a building permit. The approval of a Building Permit may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the nnepin County Register of Deeds or Registrar of Titles as the case may be. v I- well for Administration: rarommk City Manager Attest: Adopted by the City Council September 6, 2005 • • • lifflhi 011111111111111111111111011111111111111 Doc No 4235994 03/13/2006 04 00 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 200012 New cert Cert 1144688 Deputy 40 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total b5 -Ilb . i 1 L -H 14 RESOLUTION NO. 05-116 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RETAIL STORE IN EXCESS OF 20,000 SQUARE FEET FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 7115 WEST LAKE STREET AND 3745 LOUISIANA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Sam's Club (Sam's Real Estate Business Trust) has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of allowing a retail store in excess of 20,000 square feet within a C-2 General District located at 7115 West Lake Street and 3745 Louisiana Avenue South for the legal descnption as follows, to -wit: Lot 1, Block 1, Sam's Club Addition 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -46 -CUP) and the effect of the proposed retail store 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 retail store 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 retail store is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 05 -46 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. if9-5 ''MI Resolution X1o. 05-116 -2- Conclusion The Conditional Use Permit to permit a retail store over 20,000 square feet at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. Prior to any site work, the applicant 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. Final roadway designs for Monitor Street shall be approved by the Public Works Director. d. A copy of the Watershed District permit shall be forwarded to the City. e. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. f. Any other necessary permits from other agencies shall be obtained. IIIg. Sign Assent form and official exhibits. 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. 2. 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. Meet all Fire Department requirements as recommended by staff. 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 materials samples and colors must be submitted to and approved by Zoning Administrator. e. Meet any Fire Department emergency access requirements for dunng construction. f. Sign a development agreement that addresses all of the improvement items included in the entire Conditional Use Permit and provide the necessary financial guarantees to ensure installation of those required improvements. Resoiution-No. 05-116 -3- g. Submit for City Staff approval a construction staging plan demonstrating that construction will not interfere with normal operations at the on-site Sam's Club store that will remain open during the construction period. h. Submit a copy of the lease agreement for additional, off-site parking to be used during the construction period. i. Submit for City Staff approval a plan demonstrating how off-site parking will be used for employee parking for the duration of the construction period. Such a plan shall include details of how employees are to travel to and from the off-site parking. 3. The applicant 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 at all times be maintained free of dirt and shall be cleaned as often as is necessary during the construction process. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. f. The applicant shall maintain complete separation between all construction activities and all activities at the active Sam's Club store. 4. 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 irrigation plan except that a temporary Certificate of Occupancy 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. Exterior 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. 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. so • Resolution No. 05-116 -4- e. The applicant must indicate a construction timeline for the reconstruction of Monitor Street. f. A maintenance plan for the on-going maintenance of the stormwater system shall be submitted to and approved by the Public Works Department. g. The applicant shall submit an irrevocable, automatically renewable letter of credit in the amount of 125% of the cost of certain site improvements, including those improvements relating to utility construction, street construction, sidewalk construction, and parking lot construction. 5. Pnor to the issuance of a building permit for the motor fuel station, the applicant shall complete construction of Monitor Street. 6. During operation of any motor fuel station, the applicant 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 be more than 5 feet in height. 7. The applicant shall adhere to the Fire Department's requirements for the motor fuel station, including: a. Fire hydrants must be located as required by the Fire Marshal. b. Fire lanes must be indicated on the approved plans. c. All underground tanks and piping 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 next to the emergency phone. e. Fire extinguisher shall have minimum f a 3A 40BC rating. f. Dispensing hose nozzle valves shall not be capable of being opened unless the deliver hose is pressurized. 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 dispenser stating: No Smoking, Stop Engine and Do not leave dispenser unattended while fueling. (MN Statue 299F.011.) ® 8. The applicant must 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 have been cultivated and come from sources within 100 miles of the site. • ' Resolution No. 05-116 -5- 9. Prior to the installation of any signs, including temporary signs or new sign faces, a sign 4111 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. Such screening shall utilize either a parapet wall or a fence designed to incorporate the architectural features of the building. No roof top equipment shall be screened solely by painting it. • 11. Adequate screening is required for the tire/battery storage area at all times to prevent direct views from on or off-site of any items being stored. Doors to the tire/battery storage area shall remain closed at all times except those when items are placed in or taken from the storage area. 12. The applicant must agree to participate in the payment of a portion of the cost of future infrastructure improvements at Hwy 7 and Wooddale which address traffic and pedestrian safety issues at this intersection and across Hwy 7. 13. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits as modified prior to signing to meet the required conditions of approval, and the City Code; documents incorporated by reference herein. 14. No outdoor sales shall be permitted. 15. Except for the temporary storage of empty carts and those exceptions governing the motor fuel station, no outdoor storage or display shall be permitted. 16. Upon City Council approval of the CUP, the applicant shall request that the City vacate) an existing utility easement located in the same location as the proposed store. The applicant must also dedicate a new utility easement to the City for purposes of water provision. 17. In addition to any other remedies, the applicant shall pay an administrative fee 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) prior to issuance of a building permit. The approval of a Building Permit 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. s • ' Resolution'No.05-116 -6- 410 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified 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. 05-116 adopted at the St. Louis Park City Council meeting held on September 6, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March , 2006. • Nancy J. Strot►f, ;i'r' lerk