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HomeMy WebLinkAbout06-101 - ADMIN Resolution - City Council - 2006/06/050 RESOLUTION NO. 06-101 Amends and Restates Resolution No. 92-160 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 92- 160 ADOPTED ON OCTOBER 20, 1992, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-33 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A BUILDING EXPANSIION AN 1 PARKING MODIFICATIONS AT 5313 EXCELSIOR BOULEVARD Findings WHEREAS, Hoigaard's Inc. has made application to the City Council for , an amendment to an existing special permit under Section 36-33 of the St. Louis Park Ordinance Code to allow a building expansion and parking modifications at 5313 Excelsior Boulevard within a C-2 General Commercial Zoning District having the following legal description: That part of the Northwest Quarter of Section 7, Township 28, Range 24: Commencing at the point of intersection of the centerline of Excelsior Avenue and the centerline of Garfield Avenue (now known as Wooddale Avenue in St. Louis Park); thence Northeasterly along the centerline of Excelsior Avenue 901 feet; thence Southeasterly at right angles to said centerline of Excelsior Avenue to the Northwesterly line of Block 1, "Brookview Addition, Hennepin County, Minn."; thence Southwesterly along the Northwesterly line of said Block 1 and the extension of said Northwesterly line to the centerline of said Wooddale Avenue to the point of beginning. Abstract WHEREAS, the City Council has considered the information related to Planning Case Nos. 92 -54 -SP and 06 -19 -CUP and the effect of the proposed building expansion and parking modifications 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. 92-160 of the St. Louis Park City Council dated October 20, 1992 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. 92-160, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; IllWHEREAS, the contents of Case Nos. 92 -54 -SP and 06 -19 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 06-101 -2- Conclusion NOW THEREFORE BE IT RESOLVED that Resolution No. 92-160 (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 a building expansion and parking modifications within the C-2 General Commercial District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A — Site Plan; Exhibit B — Elevation Plan; Exhibit C — Elevation Plan; Exhibit D — Elevation Plan; and Exhibit E — Landscape Plan subject to the following. 2. That all utilities serving the site be placed underground on or before October 15, 1991. (Condition No. 2 rescinded. See Condition No. 20.) 3. That all trash be stored in six outside storage areas which have fully enclosed walls and a gate with the location of the storage areas to be adjacent to the major users. 4. No merchandise, truck trailers or other matenals or equipment be stored out of doors, except by allowable special permit. 5. That there be no more than 12,000 square feet of Class II and Class III restaurant on the site and such restaurants being subject to provisions and approval processes as provided in the adopted Zoning, Urban Renewal, and PUD Plans of the City. 6. That all lighting be directed perpendicular to the ground and that no direct rays be visible from outside the property boundaries. 7. Signage be consistent with the following: a. All extenor signs shall be surface -mounted, except for a single name plate sign which may be free-standing. b. Signs shall be limited to letters designating the store name but shall not include the name of items, goods, product or service lines for sale. c. Exterior signs shall be installed at the front of each bay. Extenor signs may be located on the laminated beams of the canopy and/or under the canopy where customer entrances open onto the sidewalk. d. The sign shall be located within the limits of each store front. In no case shall any one sign exceed 100 square feet of maximum aggregate (total sign) area for store fronts which have less than 125 lineal feet of frontage facing Excelsior Boulevard, and store fronts with an excess of 125 lineal feet of store front facing Excelsior Boulevard shall not have any one sign area exceeding 150 square feet of maximum aggregate (total sign) area, except for a name plate sign and except that shopping centers may have wall signs not to exceed five percent of the total wall area on which the sign is placed; each shopping center tenant shall be allowed at least 60 square feet of wall sign area. Resolution No. 06-101 -3- 8. That the existing transit stop including landscaping and other design elements not ® be eliminated or infringed upon as included in the plan. 9. The applicants cooperate with the City and other property owners in extension of the plaza walkway on the east end of Miracle Mile to St. Louis Park Medical Clime property. Implementation of the plan would not require removal of the dnveway between Miracle Mile and B. Dalton Book Store. 10. That all improvements, except as otherwise indicated, be completed by October 15, 1981 including landscaping, striping, asphalt improvements, etc. 11. That the use of the so-called "Rutherford Building" (the property located at 4995 Excelsior Boulevard) be for a food store containing a gross floor area of 4,500 square feet and 2,800 square feet will be retail sales subject to the following conditions: a. That the use shall terminate at such time that the parking on the east side of the Rutherford Building is lost and that the agreement for the parking area is subject to approval by the City Attorney pnor to issuing a building permit. b. The 51 parking spaces located on the property abutting the east property line of 4995 Excelsior Boulevard shall be for a non-exclusive parking use for said grocery store. c. That all trash be stored in an outside storage area which has fully enclosed walls and an opaque gate, both of which are at least seven feet high. d. All improvement, including dedication, pedestrian way, construction, landscaping, and parking shall be completed by October 15, 1982. 12. That a bomanite or brick walkway be constructed along the rear of the building from the east property line to the west property line. a. That the bomanite or brick walkway shall be completed by October 15, 1982. 13. That Condition 7d is hereby further modified to include an additional exception as follows: the so-called "Rutherford Building" (the property located at 4995 Excelsior Boulevard) shall be allowed one nameplate sign located on the north wall not to exceed 140 square feet and a secondary nameplate sign to be located at the east entry door not to exceed 26 square feet. 14. That modifications to the food store at 4995 Excelsior Boulevard be allowed subject to the following conditions: a. That an entry/vestibule be permitted on the east side of the building with adjustments in the pedestrian way to accommodate the design as shown on Exhibit F — Entry and Exhibit G — Trash Expansion. Resolution No. 06-101 -4- b. That a two-faced free standing sign no more than six feet high and containing no more than twenty square feet per face be allowed provided no portion of said sign is closer than ten feet from the north lot line and provided quality materials are used consistent with the architectural control provisions and PUD provisions applicable for the Excelsior Boulevard Redevelopment District. 15. That Condition No. 12 is hereby modified to extend the completion date of the bomanite or brick walkway to August 1, 1983. 16. Requirements in Conditions 9, 11d, 12a, and 15 related to construction of a pedestrian way are hereby deleted. 17. The trash enclosure, as shown on Exhibit G — Trash Expansion, in Condition No. 14a, may be painted instead of using stucco. 18. Signage for the property located at 4995 Excelsior Boulevard shall be limited to an aggregate square footage of 154 square feet, subject to the following: a. The free-standing sign shall have a maximum height no greater than 14 feet and the sign face shall not exceed 64 square feet in area, and further provided that no part of the free-standing sign shall be closer than 20 feet from the northerly property line. b. The illegal sign at the entrance of the property shall be removed pnor to the issuance of a sign permit for the free-standing sign. 19. Condition No. 5 is hereby amended to read as follows: There shall be no more than 9,000 gross square feet of Class II and Class III restaurant and 3,000 gross square feet of Class IV restaurant on the site and such restaurants being subject to provisions and approval processes as provided in the adopted Zoning, Urban Renewal, and PUD Plans of the City. 20. The special permit shall be amended pursuant to Planning Case No. 92 -54 -SP to modify Condition No. 2 on underground utilities as follows: a. Condition No. 2 above is hereby rescinded. b. All utilities serving the site shall be placed underground, at the property owner's expense, within five years following the date upon which the City of St. Louis Park adopts a Capital Improvement Program which includes the undergrounding of electric power lines which serve the Miracle Mile Shopping Center. 21. The special permit shall be amended on May 15, 2006 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 incorporated by reference herein. Resolution No. 06-101 -5- b. Prior to starting any site work, the following conditions shall be met: Ili1. Assent form and official exhibits must be signed by applicant and owner. 2. A preconstruction conference shall be held with the appropriate development, construction and city representatives. 3. All necessary permits must be obtained. 4. Building matenals samples & colors must be submitted to and approved by Zoning Administrator. c. The applicant shall comply with the following conditions during construction: 1. 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. 2. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debns that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. o 0 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. d To the extent reasonable, the applicant shall modify the parking lot entrances, exits, and signage in accordance with the attached traffic study completed by SRF Consulting. 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. nt form and official exhibits must be signed by applicant (or applicant and owner if appli ant is different from owner) prior to issuance of building permit. Re ie ed for Administration: Adop by the City Council June 5, 2006 City Manager Attest: 440,- .),LUpt. eg- City Jerk (-/ Mayor