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HomeMy WebLinkAbout10-046 - ADMIN Resolution - City Council - 2010/05/03• • • RESOLUTION NO. 10-046 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-193(d)(6) AND 36-365 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A DRIVE- IN RESTAURANT FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 3712 QUEBEC AVENUE SOUTH AND 3715 RHODE ISLAND AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. JS Holdings, LLC has made application to the City Council for a Conditional Use Permit under Sections 36-193(d)(6) and 36-365 of the St. Louis Park Ordinance Code for the purpose of allowing a drive-in restaurant within a C-1 Neighborhood Commercial District located at 3712 Quebec Avenue and 3715 Rhode Island Avenue South for the legal description as follows, to -wit: Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota, and Lots 42 to 45, except State Highway 7 and including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -06 -CUP) and the effect of the proposed drive-in restaurant 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-in restaurant 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-in restaurant is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 10 -06 -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 a drive-in restaurant at the location described is granted based on the findings set forth above and subject to the following conditions: Resolution No. 10-046 -2- 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 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. 3. Prior to the issuance of a building permit, the following conditions shall be met: a. The applicant shall pay the tree replacement fee of $12,075.00, for the replacement of 105 caliper inches of trees on the site. b. 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. c. 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. 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. 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. Resolution No. 10-046 -3- 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 mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. To protect the health, safety and welfare of the community, the painting of mechanical equipment shall not be considered screening 6. The number of customer seats allowed for the site shall be set at a ratio of three (3) seats per each parking space. Should on -street parking restrictions around the site be modified in the future, the number of permitted customer seats should be adjusted accordingly. 7. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 8. The approved site plans depict a `future addition' to the structure. Unless there are impacts to parking, site design, and the functionality of the drive-in, a Minor Amendment shall be required to allow for the construction of any interior seating areas for the drive-in restaurant. 9. Fire lanes shall be in accordance with the requirements of the Fire Marshal. 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 Hours of operation at the drive-in restaurant shall be limited to the hours between 8:00 AM and 10:00 PM. 12. Rights-of-way adjacent to the property shall be maintained clear from permanent structures. A City right-of-way permit shall be required for any temporary use of the right-of-way. 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. Resolution No. 10-046 -4- Approval of a Building Permit is required, which may impose additional requirements. Te Clerk is instructed to record certified copies of this resolution in the Office of the H - nnep n County Register of Deeds or Registrar of Titles as the case may be. Rev ew d f.; Administration: Ci Attest: Dia City Clerk Adopted bCity Council May 3, 2010 Mayor r 10 ,04,I,b TO 1 Doc No T4781476 11 VIII Certified, filed and/or recorded on 8/20/10 1 26 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer Deputy 33 Doc Name: Resolution Document Recording Fee Multiple Certificates Affected Fee Pkg ID 649447 $46 00 $20 00 Document Total $66 00 Existing Certs 366952 1108207 This cover sheet is now a permanent part of the recorded document New Certs 3(.1,95. 1►a$Q/ RESOLUTION NO. 10-046 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-193(d)(6) AND 36-365 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A DRIVE- IN RESTAURANT FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 3712 QUEBEC AVENUE SOUTH AND 3715 RHODE ISLAND AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park Findings 1. JS Holdings, LLC has made application to the City Council for a Conditional Use Permit under Sections 36-193(d)(6) and 36-365 of the St Louis Park Ordinance Code for the purpose of allowing a drive-in restaurant within a C-1 Neighborhood Commercial District located at 3712 Quebec Avenue and 3715 Rhode Island Avenue South for the legal description as follows, to -wit _ Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS 3 PARK, Hennepin County, Minnesota, and Lots 42 to 45, except State Highway 7 and including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -06 -CUP) and the effect of the proposed drive-in restaurant 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-in restaurant 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-in restaurant is in harmony with the general purpose and intent of the Zoning Oidinance and the Comprehensive Plan. - 4 The contents of Planning Case File 10 -06 -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 a drive-in restaurant at the location described is granted based on the findings set forth above and subject to the following conditions. Resolution No. 10-046 -2- 1. The site shall be developed, used and maintained in accordance with Exhibits • incorporated by reference herein o 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 3. Prior to the issuance of a building permit, the following conditions shall be met. a. The applicant shall pay the tree replacement fee of $12,075 00, for the replacement of 105 caliper inches of trees on the site. b. Plans shall be reviewed by the City Engineer and Zoning Administiator 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. c 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 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 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 D 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 Resolution No. 10-046 -3- 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 mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views To protect the health, safety and welfare of the community, the painting of mechanical equipment shall not be considered screening. 6. The number of customer seats allowed for the site shall be set at a ratio of three (3) seats per each parking space. Should on -street parking restrictions around the site be modified in the future, the number of permitted customer seats should be adjusted accordingly. 7 No outside storage is permitted. Incidental outside storage shall be removed within 48 hours 8 The approved site plans depict a `future addition' to the structure. Unless there are impacts to parking, site design, and the functionality of the drive-in, a Minor Amendment shall be required to allow for the construction of any interior seating areas for the drive-in restaurant 9. Fire lanes shall be in accordance with the requirements of the Fire Marshal 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. Hours of operation at the drive-in restaurant shall be limited to the hours between 8.00 AM and 10:00 PM. 12. Rights-of-way adjacent to the property shall be maintained clear from permanent structures. A City right-of-way permit shall be required for any temporary use of the right-of-way. 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 Resolution No. 10-046 -4- Approval of a Building Permit is required, 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 10-046 adopted at the St. Louis Park City Council meeting held on May 3, 2010 WITNESS my hand and the Seal of the City of St Louis Park this 13th day of August, 2010 Nancy J Stroth, • • • fo-oLl1 1 IIu 1 1 II 1 1 1 1 1 1 II Doc No A9549943 1 111 AI Certified filed and/or recorded on,- 8/20/10 12 00 PM Via'' Office of the County Recorder Mi Hennepin County, nnesota Michael H Cunniff, County Recorder Jill L Alverson, CountyFA`uditor and Treasurer Deputy 26 Doc Name: Conditional Use Permit Document Recording Fee Pkg ID 648968 $46 00 Documei (Total $46 00 This cover sheet is now a permanent part of the recorded document • • 1' • RESOLUTION NO. 10-046 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-193(d)(6) AND 36-365 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A DRIVE- IN RESTAURANT FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 3712 QUEBEC AVENUE SOUTH AND 3715 RHODE ISLAND AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. JS Holdings, LLC has made application to the City Council for a Conditional Use Permit under Sections 36-193(d)(6) and 36-365 of the St Louis Park Ordinance Code for the purpose of allowing a drive-in restaurant within a C-1 Neighborhood Commercial District located at 3712 Quebec Avenue and 3715 Rhode Island Avenue South for the legal description as follows, to -wit Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota, and Lots 42 to 45, except State Highway 7 and including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota. 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No 10 -06 -CUP) and the effect of the proposed drive-in restaurant 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-in restaurant 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-in restaurant is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan 4. The contents of Planning Case File 10 -06 -CUP arc 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 a drive-in restaurant at the location described is granted based on the findings set forth above and subject to the following conditions- .11 Resolution No. 10-046 -2- 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein 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 3. Prior to the issuance of a building permit, the following conditions shall be met a. The applicant shall pay the tree replacement fee of $12,075 00, for the replacement of 105 caliper inches of trees on the site b. 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. c. 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. 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. 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 Resolu'.ion No 10-046 -3- 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 mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. To protect the health, safety and welfare of the community, the painting of mechanical equipment shall not be considered screening. 6. The number of customer seats allowed for the site shall be set at a ratio of three (3) seats per each parking space. Should on -street parking restrictions around the sae be modified in the future, the number of permitted customer seats should be adjusted accordingly 7 No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 8. The approved site plans depict a `future addition' to the structure Unless there are impacts to parking, site design, and the functionality of the drive-in, a Minor Amendment shall be required to allow for the construction of any interior seating areas for the drive-in restaurant - 9 Fire lanes shall be in accordance with the requirements of the Fire Marshal. 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. Hours of operation at the drive-in restaurant shall be 'united to the hours between 8.00 AM and 10:00 PM 12. Rights-of-way adjacent to the property shall be maintained clear from permanent structures. A City right-of-way permit shall be required for any temporary use of the right-of-way. 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 ownei if applicant is different from owner) prior to issuance of a building permit • • Resolution Nb. 10-046 -4- Approval of a Building Permit is required, 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 rhe 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 10-046 adopted at the St Louis Park City Council meeting held on May 3, 2010 WITNESS my hand and the Seal of the City of St Louis Park this 13th day of August, 2010. Nancy J. Stroth, ,it Jerk •