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HomeMy WebLinkAbout15-164 - ADMIN Resolution - City Council - 2015/10/19RESOLUTION NO. 15-164 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-193(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RETAIL DEVELOPMENT WITH AN IMPERVIOUS SURFACE AREA THAT EXCEEDS 70% OF THE TOTAL LOT AREA FOR PROPERTY LOCATED AT 4911 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. TJL Development, LLC, has made application to the City Council for a Conditional Use Permit under Section 36-193(d)(2) of the St. Louis Park Ordinance Code for the purpose of constructing a retail development with an impervious surface area that exceeds 70% of the total lot area. 2. The subject property is zoned C-1 Neighborhood Commercial, and is located at 4911 Excelsior Boulevard It is legally described as follows, to -wit: Lot 3 Block 5 "Minikanda Vista, St. Louis Park, Minn ", Hennepin County, Minnesota 3 The City Council considered the advice and recommendation of the Planning Commission (Case No. 15 -38 -CUP) and the effect of the proposed development 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 4. The Council determined that the proposed development will not be detnmental to the health, safety, or general welfare of the community, will not cause senous traffic congestion or hazards, and will not depreciate surrounding property values. The Council also determined that the proposed development is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 5. The contents of Planning Case File 15 -38 -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 allow a redevelopment of property at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed in accordance to the following exhibits. a. Exhibit A. Site Plan b. Exhibit B: Grading & Drainage Plan c. Exhibit C. Landscaping Plan (as amended) d. Exhibit D: Exterior Elevations e Exhibit E: Lighting 2 The door at the intersection of Excelsior Blvd and Quentin Ave shall remain accessible (open) during regular business hours Resolution No. 15-164 -2- 3. The middle window along Excelsior Blvd shall be transparent glass, and be kept visible into the building. 4. Five trees shall be planted along the rear property line and two trees along Quentin Ave. If the neighbor to the south removes any of the three trees located along the property line and adjacent to the dnveway, then the owner of the subject property located at 4911 Excelsior Blvd, shall replace the trees in the same vicinity, but on the property of 4911 Excelsior Blvd. 5 The following shall be submitted prior to the issuance of a building permit, land disturbing activity or building demolition: a. An access agreement or easement be submitted to the City providing public access across the driveway and drive aisle portion of the parking lot. The easement shall extend from the west property line to the east property line and be at least 22 feet wide. The form of the document must be approved by the City Attorney. b. A financial guarantee sufficient to cover 125% of the cost of landscaping, stormwater, and sidewalk construction. c. 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. d. All required permits shall be obtained. 6. The proposed work within Hennepin County nght-of-way requires an approved County permit pnor to beginning construction. This includes, but is not limited to parking, drainage, and utility construction and landscaping. 7: 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 8. This permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. The City lerk is instructed to record certified copies of this resolution in the Office of the Hennepin ounty Register of Deeds or Registrar of Titles as the case may be. Revie •i A . ministration: ti A i City age , 1 Attest: LAA_))0444,uu„., City q1erk Adopted by the City Council October 19, 2015 Mayor • 111111111111111D 11111 ill IIIIIIIIIIIIIIIIIIIIIIIIIIII • Doc No A10272888 Certified, filed and/or recorded on Dec 28, 2015 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 9 k5.IVC ,�.., tgq Pkg ID 1337376M Document Recording Fee $46 00 Document Total $46 00 f, RECEIVED JAN 1 3 2016 OFFICE OF THE CITY CLERK This cover sheet is now a permanent part of the recorded document • CITY OF ST. LOUIS PARK • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the onginal Resolution No. 15-164 adopted October 19, 2015 and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Ivlelis-a Kennedy City C erk Date: December 1, 2015 RESOLUTION NO. 15-164 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-193(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RETAIL DEVELOPMENT WITH AN IMPERVIOUS SURFACE AREA THAT EXCEEDS 70% OF THE TOTAL LOT AREA FOR PROPERTY LOCATED AT 4911 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St Louis Park: Findings 1. TJL Development, LLC, has made application to the City Council for a Conditional Use Permit under Section 36-193(d)(2) of the St. Louis Park Ordinance Code for the purpose of constructing a retail development with an impervious surface area that exceeds 70% of the total lot area 2. The subject property is zoned C-1 Neighborhood Commercial, and is located at 4911 Excelsior Boulevard. It is legally described as follows, to -wit: Lot 3 Block 5 "Minikanda Vista, St. Louis Park, Minn.", Hennepin County, Minnesota 3. The City Council considered the advice and recommendation of the Planning Commission (Case No. 15 -38 -CUP) and the effect of the proposed development 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. 4. The Council determined that the proposed development will not be detrimental to the health, safety, or general welfare of the community, will not cause senous traffic congestion or hazards, and will not depreciate surrounding property values. The Council also determined that the proposed development is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 5. The contents of Planning Case File 15 -38 -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 allow a redevelopment of property 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 m accordance to the following exhibits: a. Exhibit A: Site Plan b. Exhibit B: Grading & Drainage Plan c. Exhibit C: Landscaping Plan (as amended) d. Exhibit D: Exterior Elevations e. Exhibit E Lighting 2. The door at the intersection of Excelsior Blvd and Quentin Ave shall remain accessible (open) during regular business hours. Resolution No. 15-164 -2- 3. The middle window along Excelsior Blvd shall be transparent glass, and be kept visible into the building. 4. Five trees shall be planted along the rear property line and two trees along Quentin Ave. If the neighbor to the south removes any of the three trees located along the property line and adjacent to the driveway, then the owner of the subject property located at 4911 Excelsior Blvd, shall replace the trees in the same vicinity, but on the property of 4911 Excelsior Blvd. 5. The following shall be submitted prior to the issuance of a building permit, land disturbing activity or building demolition: a. An access agreement or easement be submitted to the City providing public access across the driveway and drive aisle portion of the parking lot. The easement shall extend from the west property line to the east property line and be at least 22 feet wide. The form of the document must be approved by the City Attorney. b. A financial guarantee sufficient to cover 125% of the cost of landscaping, stormwater, and sidewalk construction. c. 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. d. All required permits shall be obtained. 6. The proposed work within Hennepin County nght-of-way requires an approved County permit prior to beginning construction. This includes, but is not limited to parking, drainage, and utility construction and landscaping. 7. 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. 8. This permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin ounty Register of Deeds or Registrar of Titles as the case may be. Revie . _ Administration: City Attest: age 01\1�d.VAA.+e.)I��Y,�Ait.P �� City Clerk yClerk Adopted by the City Council October 19, 2015 Mayor