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HomeMy WebLinkAbout08-068 - ADMIN Resolution - City Council - 2008/05/19RESOLUTION NO. 08-068 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(11) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT DRIVE-THROUGH SERVICE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 7200 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Net Lease Development, LLC has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(11) of the St. Louis Park Ordinance Code for the purpose of permitting drive-through service within a C-2 General Commercial Zoning District located at 7200 Cedar Lake Road for the legal description as follows, to -wit: Parcel I: That part of Lot 9, Home Addition to St. Louis Park, lying South of the North 87.1 feet thereof, front and rear and lying East of a line drawn parallel with the East line of said Lot 9 from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, Hennepin County, Minnesota. Parcel II: Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn parallel to the East line of said Lot 9, from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, and except the Southerly 7 feet of said Lot 9, according to the recorded plat thereof, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -11 -CUP) and the effect of the proposed drive-through service 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 drive -through" -service 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 drive- through service is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 08 -11 -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 drive-through service at the location described is granted based on the findings set forth above and subject to the following conditions. Resolution No. 08-068 -2- 1. Prior to starting any site work, the following modifications must be made to the official exhibits: a. Two benches, one near the store's entrance and another at the intersection of Cedar Lake Road and Louisiana Avenue, shall be included on the site plan. b. The site plan shall be revised to show an adequate distance between the parking area and Louisiana Avenue, such that a south -bound turn lane could be constructed at a future date by the City without impacting major landscaping features. c. Revisions to the landscaping plan shall be made as follows: i. Linden and Red Maple trees shall be replaced by Ginkgo or Honeylocust. ii. Viburnum shall be replaced by Annabelle hydrangea, serviceberry or cotoneaster. 2. Prior to starting any site work, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. b. All necessary permits must be obtained. c. 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. d. If a demolition permit is applied for in the absence of an accompanying building permit, a letter of credit in the amount of $5,000.00 shall be provided to guarantee the repair of any impacted public infrastructure and to ensure that the site remains in compliance with all requirements of the City Code for the duration of construction. 3. Prior to the issuance of a building permit, the following conditions shall be met: a. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. b. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials. c. An easement shall be provided to the City granting sufficient area, as determined by the City Engineer, along south -bound Louisiana Avenue to construct a right turn lane. d. The planned installation of any mechanical equipment shall include means to ensure it is fully screened from off-site view. 4. The developer 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. 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 neighborhood properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. Resolution No. 08-068 -3- e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. g. 5. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. d. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. 6. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 7. Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian access to and from the site. To protect the health, welfare and safety of residents, customers, and employees, snow removal on all sidewalks shall begin with a trigger depth of ", with a continuous effort until the snow event has ceased and complete cleanup has occurred. 8. All sidewalks shall be maintained free from ice at all times. 9. Snow must be hauled from the site to an off-site location. No snow shall be piled on Louisiana Avenue South, Cedar Lake Road, or in any parking areas on or adjacent to the site. 10. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming measures not indicated on the official exhibits, including speed bumps, shall require a major amendment to the Conditional Use Permit. 11. Any speaker or communication device in the drive-through shall not be audible from off-site. 12. All utility lines and structures must be placed underground or inside the building. Staff shall verify that construction documents include the placement of all utilities lines or structures underground or inside the building prior to issuance of the building permit. 13. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. Resolution No. 08-068 -4- 14. The developer shall pay an administrative fine of $750.00 per violation of any condition of this approval. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. he City Clerk is instructed to record certified copies of this resolution in the Office of the nnepin County Register of Deeds or Registrar of Titles as the case may be. Re d for Administration: Ado ted by the City Council May 19, 2008 Attest: ager City Clerk May /' r • • IIlfl III IIY ISI YIII IIII III IIII III IYI ,_ Doc No 9155144 07/03/2008 03 38'M Certified filed and or recorded on a ve date Office of the County Reco der Hennepin County, Minn ota Michael H Cunniff, Count,Recorder TranslD 418061 j2eSo1 u+i-o n Ivo . O$ -0 b g Deputy 11 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 08-068 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(11) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT DRIVE-THROUGH SERVICE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 7200 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Net Lease Development, LLC has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(11) of the St. Louis Park Ordinance Code for the purpose of permitting drive-through service within a C-2 General Commercial Zoning District located at 7200 Cedar Lake Road for the legal description as follows, to -wit: Parcel I: That part of Lot 9, Home Addition to St. Louis Park, lying South of the North 87.1 feet thereof, front and rear and lying East of a line drawn parallel with the East line of said Lot 9 from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, Hennepin County, Minnesota. Parcel II: Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn parallel to the East line of said Lot 9, from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, and except the Southerly 7 feet of said Lot 9, according to the recorded plat thereof, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -11 -CUP) and the effect of the proposed drive-through service 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 drive-through service 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 drive- through service is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Resolution No. 08-068 -2- 4. The contents of Planning Case File 08 -11 -CUP are hereby entered into and made part of the 40 public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit drive-through service at the location described is granted based on the findings set forth above and subject to the following conditions: • o 1. Prior to starting any site work, the following modifications must be made to the official exhibits: a. Two benches, one near the store's entrance and another at the intersection of Cedar Lake Road and Louisiana Avenue, shall be included on the site plan. b. The site plan shall be revised to show an adequate distance between the parking area and Louisiana Avenue, such that a south -bound turn lane could be constructed at a future date by the City without impacting major landscaping features. c. Revisions to the landscaping plan shall be made as follows: i. Linden and Red Maple trees shall be replaced by Ginkgo or Honeylocust. ii. Viburnum shall be replaced by Annabelle hydrangea, serviceberry or cotoneaster. 2. Prior to starting any site work, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. b. All necessary permits must be obtained. c. 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. d. If a demolition permit is applied for in the absence of an accompanying building permit, a letter of credit in the amount of $5,000.00 shall be provided to guarantee the repair of any impacted public infrastructure and to ensure that the site remains in compliance with all requirements of the City Code for the duration of construction. 3. Prior to the issuance of a building permit, the following conditions shall be met: a. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. b. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials. c. An easement shall be provided to the City granting sufficient area, as determined by the City Engineer, along south -bound Louisiana Avenue to construct a right turn lane. d. The planned installation of any mechanical equipment shall include means to ensure it is fully screened from off-site view. Resolution No. 08-068 -3- 4. The developer 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. 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 neighborhood properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety g. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. d. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. 6. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 7. Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian access to and from the site. To protect the health, welfare and safety of residents, customers, and employees, snow removal on all sidewalks shall begin with a trigger depth of 1/2", with a continuous effort until the snow event has ceased and complete cleanup has occurred. 8. All sidewalks shall be maintained free from ice at all times. 9. Snow must be hauled from the site to an off-site location. No snow shall be piled on Louisiana Avenue South, Cedar Lake Road, or in any parking areas on or adjacent to the site. 10. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming measures not indicated on the official exhibits, including speed bumps, shall require a major amendment to the Conditional Use Permit. 11. Any speaker or communication device in the drive-through shall not be audible from off-site. 0 O • Resolution No. 08-068 -4- 12. All utility lines and structures must be placed underground or inside the building. Staff shall verify that construction documents include the placement of all utilities lines or structures underground or inside the building prior to issuance of the building permit. 13. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. 14. The developer shall pay an administrative fine of $750.00 per violation of any condition of this approval. 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 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. Approval of a Building Permit, which 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. 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. 08-068 adopted at the St. Louis Park City Council meeting held on May 19, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of June, 2008. Nancy J. Stro , Ci Clerk