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HomeMy WebLinkAbout11-133-1 - ADMIN Resolution - City Council - 2011/12/05RESOLUTION NO. 11-133-1 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MOTOR VEHICLE SERVICE WITH A CARWASH FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT: 3901 AND 3921 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Alberto Bertomeu has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of renovating a motor vehicle service station and adding a carwash within a C-2 General Commercial District located at 3901 and 3921 Excelsior Boulevard for the legal description as follows, to -wit: 3901 Excelsior Boulevard: Property Description Per Certificate of Title No.: 1052108: Parcel 1: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 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 line of said Excelsior Road to a point made by the intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from Southwesterly line of said Block 15), extended Northwesterly 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 Northerly along the center line of said France Avenue to the point of commencement. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described 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, 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 if said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point 315.5 feet Southwesterly from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East Line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Resolution No. 11-133-1 - 2 - Subject to easements of the public in France Avenue and Excelsior Road. 3921 Excelsior Boulevard: Parcel A: That part of the Northeast '/ of the Southeast '' of Section 6, Township 28, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the Northwesterly line of Lot 1, Block 1, HANKE'S MINIKAHDA TERRACE, which point is 3 feet Southwesterly as measured along the Northwesterly line of said Lot 1, from the Northwest corner thereof; thence Northeasterly along the Northwesterly line of said Lot 1, and same extended, a distance 78.3 feet, and which point is actual point of beginning of the tract of land hereby to be described; thence Southeasterly at right angles a distance of 190.1 feet; thence East a distance of 48 feet, more or less, to a point on the West line of France Avenue South, as the same is now laid out and constructed, which point is 153.2 feet North as measured along the West line of France Avenue South and the East line of Lot 46, Block 1, of said HANKE'S MINIKAHDA TERRACE from the Southeast comer of said Lot 46; thence North along the West line of said France Avenue South a distance of 32.55 feet, more or less, to a point on a line, said line being described as follows: Commencing at the point of intersection of the center of Excelsior Avenue South with the East line of said Section 6; thence Southwesterly along the center of said avenue 316.5 feet; thence Southeasterly at right angles with said avenue 239.35 feet, more or less, to the point of intersection of said line with the West line of France Avenue, and which point is the point referred to; thence Northwesterly along said last described line 207.9 feet, more or less, to a point on the extension Northeasterly line of said Lot 1, Block, 1 HANKE'S MINIKAHDA TERRACE; thence Southwesterly at right angles and along said extended line a distance of 53 feet, more or less, to the point of beginning, excepting, however, therefrom the Northwesterly 17 feet taken for street opening of Excelsior Boulevard. Subject to easement for driveway purposes as created by deed recorded in the Office of the Register of Deeds of Hennepin County, Minnesota, as document No. 2647512, and recorded in 1861 of Deeds, page 269. Subject to a perpetual easement for street, utility, and drainage purposes over that part lying northwesterly of a line drawn parallel with and distant 52.00 feet Southeasterly of the centerline of Excelsior Boulevard, recorded as Document No. 6718583, in the Office of the Register of Deeds of Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11 -20 -CUP) and the effect of the proposed motor vehicle service station and carwash 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 motor vehicle service station and carwash 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 motor vehicle service station and carwash is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Resolution No 11-133-1 - 3 - 4. The contents of Planning Case File 11 -20 -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 motor vehicle service station and carwash at the location described 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 the Official Exhibits, incorporated by reference herein. 2. The CUP approval allows for renovation of the existing motor vehicle service building and construction of an attached carwash addition to the west side of the existing building. 3. If the CUP is approved without a variance to the setback requirements for the distance between a carwash and a residential property, the plans for the carwash must be revised to meet all setback requirements of the Zoning Ordinance. 4. Prior to issuance of a building permit, the following issues pertaining to the landscaping plan shall be addressed: a. The landscape plan shall be revised to incorporate the recommendations for plant species provided by the City's Environmental Coordinator. b. The landscape plan shall be revised to show all proposed landscape elements, locations, species and sizes. The plan is required to be prepared by a registered landscape architect. c. Alternative landscaping as permitted by Section 36-364 (g) may be used to meet the requirements of the Zoning Ordinance. A detailed plan of alternative measures, including screening walls and seating areas, must be submitted and approved by the Zoning Administrator. 5. Prior to issuance of a Building Permit, the following conditions shall be met: a. Any required permits shall be obtained, including those from the Minnehaha Creek Watershed District. b. The site plan shall be revised to include the construction of a minimum of four (4) bicycle parking spaces. b. The site plan shall be revised to include an opaque six-foot fence for screening along the western property line. c. The site plans shall be revised to depict the location of any utility structures and refuse or recycling storage areas. Such structures or areas shall be screened using materials similar in design and quality to the materials used for the principal structure on the site. a. The developer must receive approval of the vacation of an existing drainage and utility easement that would be impacted by the proposed carwash. b. The developer must receive approval of a Preliminary and Final Plat to combine the parcels. c. The developer must dedicate any required easements for new or relocated infrastructure on the site. d. The developer shall apply to the City Council to terminate the existing Special Use Permit for 3901 Excelsior Boulevard. e. The site plans shall be revised to modify the driveway access points on the site per the requirements of the Staff Report and the County Engineer. Resolution No. 11-133-1 - 4 - 6. The developer shall install a reasonable amount of landscaping screening on the adjacent residential property, if so desired by the property owner. Any such plan shall be approved by the Zoning Administrator. 7. The deadline for action by the applicant related to the CUP and Variance approvals shall be extended from the Zoning Ordinance term of one year from the initial date of approval to January 1, 2014. 8. The developer shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk and trail installation/repair, repair/cleaning of public streets/utilities, and landscaping. 9. Motor vehicle sales of new or used vehicles on the site shall be strictly prohibited. At no time shall any motor vehicles on the site be displayed or offered for sale, or stored for anticipated sale on this or any other site. 10. Fire lanes shall be installed in accordance with the requirements of the Fire Marshal. 11. No public address system or outdoor speakers shall be audible from off-site. 12. Test driving of vehicles shall take place on Excelsior Boulevard and shall not occur on France Avenue. 13. The City Engineer shall review the Building Permit application for potential impacts to stormwater main pipe running between the service station and the gas pump canopy. This review may include analysis by an outside structural engineer to insure that the construction will not result in damage to the stormwater pipe. 14. The entire building, including the remodeled service station, shall meet the Zoning Ordinance requirements for use of exterior architectural materials. No building permit shall be issued until the Zoning Administrator has made a determination that the architectural materials requirements have been satisfied. 15. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 16. The carwash shall be constructed in accordance with the requirements of City Code Section 36-194 (d) (3) (f). 17. Hours of operation for the carwash shall be limited to 7:00 AM to 9:00 PM. 18. Outdoor storage of any non-operable vehicle shall be limited to no more than 24 -hours. 19. Overnight outdoor long-term parking for operable vehicles shall be limited to no more than three (3) consecutive days on the site. 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. Resolut Revie 11-133-1 - 5 - Ad �� inistration: OrrifilA City Maner Attest: City Clerk Adopted -lx the City Council December 5, 2011 Mayor / . RESOLUTION NO. 11-133-1 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MOTOR VEHICLE SERVICE WITH A CARWASH FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT: 3901 AND 3921 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Alberto Bertomeu has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of renovating a motor vehicle service station and adding a carwash within a C-2 General Commercial Distnct located at 3901 and 3921 Excelsior Boulevard for the legal description as follows, to -wit: 3901 Excelsior Boulevard: Property Description Per Certificate of Title No.: 1052108: Parcel 1: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 described 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 line of said Excelsior Road to a point made by the intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from Southwesterly line of said Block 15), extended Northwesterly 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 Northerly along the center line of said France Avenue to the point of commencement. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described 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, 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 if said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point 315.5 feet Southwesterly from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East Line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Resolution No 11-133-1 - 2 - Subject to easements of the public in France Avenue and Excelsior Road. 3921 Excelsior Boulevard: Parcel A: That part of the Northeast '/ of the Southeast '/ of Section 6, Township 28, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the Northwesterly line of Lot 1, Block 1, HANKE'S MINIKAHDA TERRACE, which point is 3 feet Southwesterly as measured along the Northwesterly line of said Lot 1, from the Northwest corner thereof; thence Northeasterly along the Northwesterly line of said Lot 1, and same extended, a distance 78.3 feet, and which point is actual point of beginning of the tract of land hereby to be described; thence Southeasterly at right angles a distance of 190.1 feet; thence East a distance of 48 feet, more or less, to a point on the West line of France Avenue South, as the same is now laid out and constructed, which point is 153.2 feet North as measured along the West line of France Avenue South and the East line of Lot 46, Block 1, of said HANKE'S MINIKAHDA TERRACE from the Southeast corner of said Lot 46; thence North along the West line of said France Avenue South a distance of 32.55 feet, more or less, to a point on a line, said line being described as follows: Commencing at the point of intersection of the center of Excelsior Avenue South with the East line of said Section 6; thence Southwesterly along the center of said avenue 316.5 feet; thence Southeasterly at right angles with said avenue 239.35 feet, more or less, to the point of intersection of said line with the West line of France Avenue, and which point is the point referred to; thence Northwesterly along said last described line 207.9 feet, more or less, to a point on the extension Northeasterly line of said Lot 1, Block, 1 HANKE'S MINIKAHDA TERRACE; thence Southwesterly at right angles and along said extended line a distance of 53 feet, more or less, to the point of beginning, excepting, however, therefrom the Northwesterly 17 feet taken for street opening of Excelsior Boulevard. Subject to easement for driveway purposes as created by deed recorded in the Office of the Register of Deeds of Hennepin County, Minnesota, as document No. 2647512, and recorded in 1861 of Deeds, page 269. Subject to a perpetual easement for street, utility, and drainage purposes over that part lying northwesterly of a line drawn parallel with and distant 52.00 feet Southeasterly of the centerline of Excelsior Boulevard, recorded as Document No. 6718583, in the Office of the Register of Deeds of Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11 -20 -CUP) and the effect of the proposed motor vehicle service station and carwash 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 motor vehicle service station and carwash 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 motor vehicle service station and carwash is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Resolution No 11-133-1 - 3 - 4. The contents of Planning Case File 11 -20 -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 motor vehicle service station and carwash at the location described 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 the Official Exhibits, incorporated by reference herein. 2. The CUP approval allows for renovation of the existing motor vehicle service building and construction of an attached carwash addition to the west side of the existing building. 3. If the CUP is approved without a variance to the setback requirements for the distance between a carwash and a residential property, the plans for the carwash must be revised to meet all setback requirements of the Zoning Ordinance. 4. Prior to issuance of a building permit, the following issues pertaining to the landscaping plan shall be addressed: a. The landscape plan shall be revised to incorporate the recommendations for plant species provided by the City's Environmental Coordinator. b. The landscape plan shall be revised to show all proposed landscape elements, locations, species and sizes. The plan is required to be prepared by a registered landscape architect. c. Alternative landscaping as permitted by Section 36-364 (g) may be used to meet the requirements of the Zoning Ordinance. A detailed plan of alternative measures, including screening walls and seating areas, must be submitted and approved by the Zoning Administrator. 5. Prior to issuance of a Building Permit, the following conditions shall be met: a. Any required permits shall be obtained, including those from the Minnehaha Creek Watershed District. b. The site plan shall be revised to include the construction of a minimum of four (4) bicycle parking spaces. b. The site plan shall be revised to include an opaque six-foot fence for screening along the western property line. c. The site plans shall be revised to depict the location of any utility structures and refuse or recycling storage areas. Such structures or areas shall be screened using matenals similar in design and quality to the materials used for the principal structure on the site. a. The developer must receive approval of the vacation of an existing drainage and utility easement that would be impacted by the proposed carwash. b. The developer must receive approval of a Preliminary and Final Plat to combine the parcels. c. The developer must dedicate any required easements for new or relocated infrastructure on the site. d. The developer shall apply to the City Council to terminate the existing Special Use Permit for 3901 Excelsior Boulevard. e. The site plans shall be revised to modify the driveway access points on the site per the requirements of the Staff Report and the County Engineer. Resolution No 11-133-1 -4- 6. The developer shall install a reasonable amount of landscaping screening on the adjacent residential property, if so desired by the property owner. Any such plan shall be approved by the Zoning Administrator. 7. The deadline for action by the applicant related to the CUP and Variance approvals shall be extended from the Zoning Ordinance term of one year from the initial date of approval to January 1, 2014. 8. The developer shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk and trail installation/repair, repair/cleaning of public streets/utilities, and landscaping. 9. Motor vehicle sales of new or used vehicles on the site shall be strictly prohibited. At no time shall any motor vehicles on the site be displayed or offered for sale, or stored for anticipated sale on this or any other site. 10. Fire lanes shall be installed in accordance with the requirements of the Fire Marshal. 11. No public address system or outdoor speakers shall be audible from off-site. 12. Test driving of vehicles shall take place on Excelsior Boulevard and shall not occur on France Avenue. 13. The City Engineer shall review the Building Permit application for potential impacts to stormwater main pipe running between the service station and the gas pump canopy. This review may include analysis by an outside structural engineer to insure that the construction will not result in damage to the stormwater pipe. 14. The entire building, including the remodeled service station, shall meet the Zoning Ordinance requirements for use of exterior architectural materials. No building permit shall be issued until the Zoning Administrator has made a determination that the architectural materials requirements have been satisfied. 15. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 16. The carwash shall be constructed in accordance with the requirements of City Code Section 36-194 (d) (3) (f). 17. Hours of operation for the carwash shall be limited to 7:00 AM to 9:00 PM. 18. Outdoor storage of any non-operable vehicle shall be limited to no more than 24 -hours. 19. Overnight outdoor long-term parking for operable vehicles shall be limited to no more than three (3) consecutive days on the site. 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) pnor 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. Resoh}iion No 11-133-1 - 5 - STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ss 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. 11-133-1 adopted at the St. Louis Park City Council meeting held on December 5, 2011. WITNESS my hand and the Seal of the City of St. Louis Park this 26th day of January, 2011. • a. .� 4 Nancy J. Strtakh,Igity Clerk 1' / 111111111111111131110111111111101 Doc No A9748104 Certified, filed and/or recorded on 2/3/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 772297M Doc Name: Resolution 11 — (3 Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document Resolut►onNo. 11-133-1 - 5 - STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ss 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. 11-133-1 adopted at the St. Louis Park City Council meeting held on December 5, 2011. WITNESS my hand and the Seal of the City of St. Louis Park this 26th day of January, 2011. A • Nancy J Cifety Clerk RESOLUTION NO. 11-133-1 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MOTOR VEHICLE SERVICE WITH A CARWASH FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT: 3901 AND 3921 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Alberto Bertomeu has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of renovating a motor vehicle service station and adding a carwash within a C-2 General Commercial District located at 3901 and 3921 Excelsior Boulevard for the legal description as follows, to -wit: 3901 Excelsior Boulevard: Property Description Per Certificate of Title No.: 1052108: Parcel 1: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 described 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 line of said Excelsior Road to a point made by the intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at nght angles from Southwesterly line of said Block 15), extended Northwesterly 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 Northerly along the center line of said France Avenue to the point of commencement. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described 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, 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 if said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point 315.5 feet Southwesterly from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East Line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Resolution No. 11-133-1 - 2 - Subject to easements of the public in France Avenue and Excelsior Road. • 3921 Excelsior Boulevard: 0 Parcel A: That part of the Northeast '/ of the Southeast '' of Section 6, Township 28, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the Northwesterly line of Lot 1, Block 1, HANKE'S MINIKAHDA TERRACE, which point is 3 feet Southwesterly as measured along the Northwesterly line of said Lot 1, from the Northwest corner thereof; thence Northeasterly along the Northwesterly line of said Lot 1, and same extended, a distance 78.3 feet, and which point is actual point of beginning of the tract of land hereby to be described; thence Southeasterly at right angles a distance of 190.1 feet; thence East a distance of 48 feet, more or less, to a point on the West line of France Avenue South, as the same is now laid out and constructed, which point is 153.2 feet North as measured along the West line of France Avenue South and the East line of Lot 46, Block 1, of said HANKE'S MINIKAHDA TERRACE from the Southeast corner of said Lot 46; thence North along the West line of said France Avenue South a distance of 32.55 feet, more or less, to a point on a line, said line being described as follows: Commencing at the point of intersection of the center of Excelsior Avenue South with the East line of said Section 6; thence Southwesterly along the center of said avenue 316.5 feet; thence Southeasterly at right angles with said avenue 239.35 feet, more or less, to the point of intersection of said line with the West line of France Avenue, and which point is the point referred to; thence Northwesterly along said last described line 207.9 feet, more or less, to a point on the extension Northeasterly line of said Lot 1, Block, 1 HANKE'S MINIKAHDA TERRACE; thence Southwesterly at right angles and along said extended line a distance of 53 feet, more or less, to the point of beginning, excepting, however, therefrom the Northwesterly 17 feet taken for street opening of Excelsior Boulevard. Subject to easement for driveway purposes as created by deed recorded in the Office of the Register of Deeds of Hennepin County, Minnesota, as document No. 2647512, and recorded in 1861 of Deeds, page 269. Subject to a perpetual easement for street, utility, and drainage purposes over that part lying northwesterly of a line drawn parallel with and distant 52.00 feet Southeasterly of the centerline of Excelsior Boulevard, recorded as Document No. 6718583, in the Office of the Register of Deeds of Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 11 -20 -CUP) and the effect of the proposed motor vehicle service station and carwash 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 motor vehicle service station and carwash 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 motor vehicle service station and carwash is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Resolution N(5. 11-133-1 - 3 - 4. The contents of Planning Case File 11 -20 -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 motor vehicle service station and carwash at the location described 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 the Official Exhibits, incorporated by reference herein. 2. The CUP approval allows for renovation of the existing motor vehicle service building and construction of an attached carwash addition to the west side of the existing building. 3. If the CUP is approved without a variance to the setback requirements for the distance between a carwash and a residential property, the plans for the carwash must be revised to meet all setback requirements of the Zoning Ordinance. 4. Prior to issuance of a building permit, the following issues pertaining to the landscaping plan shall be addressed: a. The landscape plan shall be revised to incorporate the recommendations for plant species provided by the City's Environmental Coordinator. b. The landscape plan shall be revised to show all proposed landscape elements, locations, species and sizes. The plan is required to be prepared by a registered landscape architect. c. Alternative landscaping as permitted by Section 36-364 (g) may be used to meet the requirements of the Zoning Ordinance. A detailed plan of alternative measures, including screening walls and seating areas, must be submitted and approved by the Zoning Administrator. 5. Pnor to issuance of a Building Permit, the following conditions shall be met: a. Any required permits shall be obtained, including those from the Minnehaha Creek Watershed District. b. The site plan shall be revised to include the construction of a minimum of four (4) bicycle parking spaces. b. The site plan shall be revised to include an opaque six-foot fence for screening along the western property line. c. The site plans shall be revised to depict the location of any utility structures and refuse or recycling storage areas. Such structures or areas shall be screened using materials similar in design and quality to the materials used for the principal structure on the site. a. The developer must receive approval of the vacation of an existing drainage and utility easement that would be impacted by the proposed carwash. b. The developer must receive approval of a Preliminary and Final Plat to combine the parcels. c. The developer must dedicate any required easements for new or relocated infrastructure on the site. d. The developer shall apply to the City Council to terminate the existing Special Use Permit for 3901 Excelsior Boulevard. e. The site plans shall be revised to modify the driveway access points on the site per the requirements of the Staff Report and the County Engineer. Resolution Nb 11-133-1 - 4 - 6. The developer shall install a reasonable amount of landscaping screening on the adjacent residential property, if so desired by the property owner. Any such plan shall be approved by the Zoning Administrator. 7. The deadline for action by the applicant related to the CUP and Variance approvals shall be extended from the Zoning Ordinance term of one year from the initial date of approval to January 1, 2014. 8. The developer shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk and trail installation/repair, repair/cleaning of public streets/utilities, and landscaping. 9. Motor vehicle sales of new or used vehicles on the site shall be strictly prohibited. At no time shall any motor vehicles on the site be displayed or offered for sale, or stored for anticipated sale on this or any other site. 10. Fire lanes shall be installed in accordance with the requirements of the Fire Marshal. 11. No public address system or outdoor speakers shall be audible from off-site. 12. Test driving of vehicles shall take place on Excelsior Boulevard and shall not occur on France Avenue. 13. The City Engineer shall review the Building Permit application for potential impacts to stormwater main pipe running between the service station and the gas pump canopy. This review may include analysis by an outside structural engineer to insure that the construction will not result in damage to the stormwater pipe. 14. The entire building, including the remodeled service station, shall meet the Zoning Ordinance requirements for use of extenor architectural materials. No building permit shall be issued until the Zoning Administrator has made a determination that the architectural materials requirements have been satisfied. 15. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 16. The carwash shall be constructed in accordance with the requirements of City Code Section 36-194 (d) (3) (f). 17. Hours of operation for the carwash shall be limited to 7:00 AM to 9:00 PM. 18. Outdoor storage of any non-operable vehicle shall be limited to no more than 24 -hours. 19. Overnight outdoor long-term parking for operable vehicles shall be limited to no more than three (3) consecutive days on the site. 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. 1111101113110111111111 Doc No T4925927 Certified, filed and/or recorded on 2/6/12 12 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 772451 D Doc Name: Resolution 1 1-131- 1 Document Recording Fee $46 00 Document Total $46 00 Existing Certs New Certs 1052108 ( This cover sheet is now a permanent part of the recorded document