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HomeMy WebLinkAbout06-100 - ADMIN Resolution - City Council - 2006/06/050 RESOLUTION No. 06-100 RESOLUTION GRANTING CONDITIONAL USE PERMITS UNDER SECTION 36-193(D)(6) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT IN - VE'. ICLE SALES AND 93 PERCENT IMPERVIOUS SURFACE COVERAGE FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 5330 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings: 1. JMW Development, LLC, has made application to the City Council for a Conditional Use Permit under Section 36-193(D)(6) of the St. Louis Park Ordinance Code for the purpose of in -vehicle sales and 93 percent impervious surface coverage within a C-1 Neighborhood Commercial Distnct located at 5330 Cedar Lake Road for the legal description as follows, to -wit: Lot 1, Block 1, Watson's Addition, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -36 -CUP) and the effect of the proposed in - vehicle sales and 93 percent impervious surface coverage 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 determined that the in -vehicle sales and 93 percent impervious surface coverage will not be detrimental to the health, safety or general welfare of the community, will not cause serious traffic congestion or hazards, and will not seriously depreciate surrounding property values. In addition, the proposed in -vehicle sales and 93 percent impervious surface coverage are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 06 -36 -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 in -vehicle sales and 93 percent impervious surface coverage at the location described is granted based on the findings set forth above and subject to the following conditions: Resolution No. 06-100 -2- 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. Fire lanes shall be in accordance with Exhibit C1. 3. The applicant shall submit a tree preservation plan in accordance with the City Code requirements for staff review and approval before the City will issue erosion control and building permits. 4. The applicant shall submit a Soil Erosion Control Plan for staff review and approval. 5. The applicant shall require lease restriction on deliveries to tenant spaces during the hours of 7 a.m. and 9 a.m. (coffee shop peak hours) in order to maintain at least six stacking spaces for the drive-through window. 7. The applicant shall secure permits from the Minnehaha Creek Watershed District before the City will issue erosion control and building permits. 8. 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. 9. 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. 10. Assent form and official exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 11. The applicant shall secure a Building Permit from the City. The building permit approval may impose additional requirements. 12. The applicant shall submit building and architectural screening materials samples and colors to the Zoning Administrator for approval. 13. The applicant shall submit revised site plans to the Zoning Administrator for approval that reduce the number of parking spaces that are built and show said parking spaces as proof of parking on the plans in order to provide additional landscaped areas, outdoor seating and/or pedestrian connection opportunities. The City Clerk is instructed to record certified copies of this resolution in the Office of Hennepin County Register of Deeds or Registrar of Titles as the case may be. R -vi ed for Administration: Adopted by the City Council June 5, 2006 City Manager May Attest: City Clerk c rtKL-- • • w i5 Doc No 8954463 03/23/2007 12 18 PM Certified filed and or recorded on abo -date Office of the County Record Hennepin County, Minne .ta Michael H Cunniff, County ` ecorder Transl 299748 Deputy 001 Fees $35 50 DOC $10 50 SUR $46 00 Total TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES MAR 2 0 2007 RESOLUTION No. 06-100 RESOLUTION GRANTING CONDITIONAL USE PERMITS UNDER SECTION 36-193(D)(6) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT IN -VEHICLE SALES AND 93 PERCENT IMPERVIOUS SURFACE COVERAGE FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 5330 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings: 1. JMW Development, LLC, has made application to the City Council for a Conditional Use Permit under Section 36-193(D)(6) of the St Louis Park Ordinance Code for the purpose of in -vehicle sales and 93 percent impervious surface coverage within a C-1 Neighborhood Commercial Distnct located at 5330 Cedar Lake Road for the legal description as follows, to -wit. Lot 1, Block 1, Watson's Addition, Hennepin County, Minnesota i 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -36 -CUP) and the effect of the proposed in -vehicle sales and 93 percent impervious surface coverage 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 determined that the in -vehicle sales and 93 percent impervious surface coverage will not be detnmental to the health, safety or general welfare of the community, will not cause serious traffic congestion or hazards, and will not senously depreciate surrounding property values. In addition, the proposed in -vehicle sales and 93 percent impervious surface coverage are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 06 -36 -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 in -vehicle sales and 93 percent impervious surface coverage at the location descnbed 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 Exhibits incorporated by reference herein Resolution No: 06-100 -2- 2. Fire lanes shall be in accordance with Exhibit C1. 3. The applicant shall submit a tree preservation plan in accordance with the City Code requirements for staff review and approval before the City will issue erosion control and building permits. 4. The applicant shall submit a Soil Erosion Control Plan for staff review and approval. 5. The applicant shall require lease restnction on delivenes to tenant spaces dunng the hours of 7 a.m. and 9 a m. (coffee shop peak hours) in order to maintain at least six stacking spaces for the drive-through window 7 The applicant shall secure permits from the Minnehaha Creek Watershed District before the City will issue erosion control and building permits. 8 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. 9. 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 10. Assent form and official exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building permit 11. The applicant shall secure a Building Permit from the City. The building permit approval may impose additional requirements 12 The applicant shall submit building and architectural screening materials samples and colors to the Zoning Administrator for approval 13 The applicant shall submit revised site plans to the Zoning Administrator for approval that reduce the number of parking spaces that are built and show said parking spaces as proof of parking on the plans in order to provide additional landscaped areas, outdoor seating and/or pedestnan connection opportunities 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. 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 06-100 adopted at the St Louis Park City Council meeting held on June 5, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 1st day of March, 2007 Nancy J. StroQit, Ctfy Clerk