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Home My WebLink About06-152 - ADMIN Resolution - City Council - 2006/09/18RESOLUTION NO. 06-152 Amends and Restates Resolution No. 91-127 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 91-127 ADOPTED ON JULY 1, 1991, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION(S) 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONVERSION OF A MOTOR VEHICLE SERVICE AREA TO A CAR WASH FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL LOCATED AT 3901 EXCELSIOR BOULEVARD Findings WHEREAS, Alberto Bertomeu (Minikanda Mobile) has made application to the City Council for an amendment to an existing special permit under Section(s) 36-36 of the St. Louis Park Ordinance Code to allow conversion of a motor vehicle service area to a car wash at 3901 Excelsior Boulevard within a C-1 Neighborhood Commercial Zoning District having the following legal description. Par 1. All that part of North East Quarter of South East Quarter of Section 6, Township 28, Range 24 West of the 4`'' Pnncipal Mendian descnbed as follows to - wit: Commencing at the point of intersection of the center line of Excelsior Road with the center line of France Avenue as said Road and Avenue are located and shown on the plat of Mendoza Park; thence running Southwesterly along said center hne of said Excelsior Road to a point made by the intersection of said center line of said Road and the center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with Southwesterly hne of Block 15, said Mendoza Park and 40 feet Southerly measured at nght angles from Southwesterly line of said Block 15) extended Northwesterly to make said intersection with center line of said Excelsior Road, thence running Southeasterly along said center line of said Evergreen Avenue until it intersects center line of France Avenue; thence Northerly along center line of said France Avenue to point of commencement. Par 2• That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 West of the 4`'' Principal Meridian descnbed as follows: Commencing at a point made by the intersection of the center line of Excelsior Road and the center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15 of Mendoza Park and 40 feet Southerly measured at right angles from the Southwesterly line of said Block 15) extended Westerly to make said intersection with the center line of said Excelsior Road; thence running Southeasterly along said center line of said Evergreen Avenue until it intersects the center line of France Avenue, thence Southerly along the center line of France Avenue to a point made by the intersection of the said center line of France Avenue; with a line perpendicular to the center line of Excelsior Road and intersecting the said center line of Excelsior Road at a point 315.5 feet Southwesterly from the point of intersection of the said center line of Excelsior Road with the East line of said Section 6, Township 28, Range 24, thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said center line of said Excelsior Road with the East line of said Section 6, Township 28, Range 24; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Resolution No. 06-152 -2- Subject to easements of the public in France Avenue and Excelsior Road; (as to Pars 1 and 2) WHEREAS, the City Council has considered the information related to Planning Case Nos 91 -18 -SP and 06 -57 -CUP and the effect of the proposed conversion 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. 91-127 of the St. Louis Park City Council dated July 1, 1991, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng 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. 91-127, 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. 91 -18 -SP and 06 -57 -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 91-127 (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 conversion of the motor vehicle service area to a car wash within the C-1 Neighborhood Commercial Zoning Distnct at the location descnbed above based on the following conditions. 1. The site shall be developed, used and maintained in accordance with Exhibit A — Grading and Landscape Plan and Exhibit B — Elevation Plan, such documents incorporated by reference herein 2. There shall be a landscape easement executed in the favor of the City allowing the City nght of entry for establishment and maintenance of landscaped matenals. 3. The signage on the canopy shall be limited to the company colors and logo. No punted message or identification shall be permitted. 4 No Certificate of Occupancy shall be issued until all required improvements are completed. 5. The special permit shall be amended on September 18, 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. 06-152 -3- b. Pnor to issuance of the building permit, the applicant shall modify the plans to show: a. An 8' wall extending 6' from the southeast corner of the existing building. b. New cement stucco on the rear portion of the existing building. c. Location of the emergency pump shut-off. d. Location of a phone not requinng a coin e. Location of fire extinguishers c. Prior to issuance of a building permit, the applicant shall: a. Obtain all other required permits or governmental approvals. b. Submit a Letter of Credit or Cash Escrow to guarantee the construction of public improvements, street cleaning during construction, and the installation of landscaping. The guarantee shall be for 125% of the cost of said improvements. c Submit building materials colors and samples to the Zoning Administrator for approval d. The applicant shall not operate the car wash between the hours of 10:00 p.m and 7:00 a.m on weekdays and 10:00 p.m. and 9:00 a.m. on weekends e. Waste, recycling and refuse storage shall take place within the building or shall otherwise be fully screened from off-site view. f. All mechanical equipment shall be fully screened from off-site view. g A sign permit shall be required for any new or replacement signage on the site. All signage shall be installed and maintained in full compliance with the Zoning Code. h 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. 5 The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties Resolution No. 06-152 -4- 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. ent form and official exhibits must be signed by applicant (or applicant and owner if applicant is iffe ent from owner) pnor to issuance of building permit. Rev e ed for Administration: City M.n-:er Attest: -�0 City Clerk Adopted by the City Council September 18, 2006 1 Ma •r1