HomeMy WebLinkAbout21-048 - ADMIN Resolution - City Council - 2021/04/05Resolution No. 21-048
Amends and restates Resolution Nos. 90-105, 08-160 and 20-166
Resolution amending and restating Resolution Nos. 90-105, 08-160 And 20-166
related to an existing special permit under Section 36-67 of the St. Louis Park
Zoning Ordinance Code to allow an expansion of the warehouse facilities at
5005 Highway 7
Whereas, Nordic Ware (Dalquist Properties, LLP) has made application to the City of St.
Louis Park City Council for an amendment to an existing special permit under Section 36-67 of
the St. Louis Park Ordinance Code to allow an expansion of the warehouse facilities at 5005
Highway 7 within the I-G General Industrial zoning district having the following legal
description:
Lot 1, Block 1, Dalquist Industrial Park 2nd Addition
Whereas, the City Council has considered the information related Planning Case no. 2 1-
01-SP and the effect of the proposed expansion of warehouse facilities on the health, safety,
and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on the value of properties in the surrounding area an d the effect of the
use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and
Whereas, a special permit was issued regarding the subject property pursuant to
Resolution No. 90-105, 08-160 and 20-166 of the St. Louis Park City Council which contained
conditions applicable to said property; and
Whereas, an amendment to the special permit to allow a building expansion was
approved pursuant to Resolution No. 08-160 of the St. Louis Park City Council dated December
15, 2008 which contained conditions applicable to said property; and
Whereas, an amendment to the special permit to allow a building expansion and site
improvements was approved pursuant to Resolution No. 20-166 of the St. Louis Park City
Council dated November 16, 2020 which contained conditions applicable to said property; and
Whereas, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that special permit; and
Whereas, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution Nos. 90-105, 08-160 and 20-166 to add the amendments now
required, and to consolidate all conditions applicable to the subject property in this resolution;
Whereas, the contents of Case No. 21-01-SP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Now therefore be it resolved that Resolution Nos. 90-105, 08-160 and 20-166 is hereby
restated and amended by this resolution which continues and amends a special permit to the
subject property for the purposes of permitting the expansion of warehouse facilities within the
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Resolution No. 21-048 2
I-G General Industrial Zoning District at the location described above based on the following
conditions:
1. That the site shall be developed, used and maintained in accordance with Exhibit A
— Plat; Exhibit C — General Drainage Plan; Exhibit E — Northland Aluminum Co.
Warehouse Floor Plan and Elevation Plan; Exhibit F — Maid of Scandinavia Site
Plan — Landscape Plan; Exhibit G — Maid of Scandinavia Elevation Plan; Exhibit H
— Maid of Scandinavia Garage Plan as modified on June 2, 1982 by the Planning
Department; Exhibit J — Site Plan; Exhibit K — Elevation Plan; Exhibit M —
Elevation Plan; Exhibit N — Mezzanine Plan; Exhibit P — 1981 Construction Phase;
and Exhibit Q— Office — Warehouse Elevation Plan. (Exhibit J replaced with
Exhibit U by Condition No. 15).
2. All electric, gas, water, sanitary sewer, telephone and other utilities shall be placed
underground.
3. The private roadway with a minimum width of 24 feet shall have a poured-in-place
concrete curb at least 6 inches high. Said road and curb shall be constructed at
standards acceptable to the City Engineer. Said road shall be designated as a fire
lane, shall not be used for parking, and shall be kept clean and free from potholes
and maintained thereafter.
4. Signs shall be limited to name plate signs, symbols, logos and architectural
features that identify a particular business, service or good which is provided on
the site. All the signs shall meet the following conditions:
a. Billboards are hereby prohibited.
b. All new signs are to be integrated with the architecture of the buildings and
there shall be no more than one free standing sign per lot and said sign
shall not exceed 200 square feet in total sign area and 25 feet in height.
The pylon (elevator) is excluded from this requirement.
c. Lighting for signs shall be interior or indirect so that light rays are not
directly visible beyond the lot lines.
5. New buildings in the development and any major alterations or modifications to
the existing building shall be done so that the architectural treatment of the
exterior of the building is equal in standard or exceeds the standard set by the
existing building on Lot 2 and the proposed building on Lot 1.
6. The City shall be given the necessary easement for a north -south pedestrian
walkway at least 30 feet wide in the vicinity of Ottawa extended or east within 60
days after the specific location is approved by the City Council.
7. There shall be no outside storage of equipment, raw materials, chemicals or waste
with the exception of the trash container between Buildings 2 and 5.
8. All rooftop equipment shall be painted a light blue and maintained in that fashion.
9. Parking lot striping shall be completed by October 1, 1983.
10. No additional building permits shall be issued until the outside storage of materials
on the west side of Building 5 is discontinued.
11. The office-warehouse addition shall be completed by October 30, 1984.
12. The metal building on the east end of the property shall be removed by October
30, 1988.
13. That a building to house an outer marker beacon is hereby permitted, subject to
the following:
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Resolution No. 21-048 3
a. That an outer marker beacon facility consisting of a building and antenna
partly enclosed by a decorative fence no more than 6 feet high without
barbed wire and landscaping consisting of deciduous and coniferous trees
and shrubs shall be permitted at the east end of the property in accordance
with Exhibit R - Outer Marker Beacon Plan, Exhibit S - Outer Marker Beacon
Landscape Plan and Exhibit T - Outer Marker Beacon Elevation Plan. Said
exhibits are applicable only for the outer marker beacon area.
b. Said improvements including decorative fence and landscaping shall be
completed by May 15, 1988.
14. That a building addition housing a two-way forklift corridor between building one
and building three is hereby permitted to be constructed over the existing utility
easement.
15. That Exhibit J referred to in Condition 1 be replaced w1th Exhibit U, Site Plan.
16. That all existing utilities to be located under the building addition, as described
under condition number 14 above, be protected by placing them in an approved
casing extending a minimum of 8 feet beyond the building on both the east and
west sides.
17. That construction plans for the building and utility casing be approved and signed
by a structural engineer registered in the State of Minnesota and that structural
plans must be approved by the City Engineering Department prior to issuance of a
building permit.
18. That an agreement acceptable to the City be entered into by the City Manager on
behalf of the City and the landowner identifying the conditions under which the
building may be constructed over the easement and holds the City harmless prior
to issuance of a building permit.
19. That, prior to issuance of Certificate of Occupancy, an agreement be reached
between the applicant and the Fire Department to eliminate the fire hazard within
the complex.
20. The special permit shall be amended on December 15, 2008 to incorporate all of
the preceding conditions and add the following conditions:
a. Approval is granted for a 60,000 square foot expansion of warehouse space
on the site.
b. The site shall be developed, used and maintained in accordance with
exhibits incorporated by reference herein.
c. Prior to starting any site work, the following conditions shall be met:
i. A pre-excavation conference shall be held with the appropriate
development, construction and city representatives.
ii. All necessary erosion control permits shall be installed.
iii. All necessary permits must be obtained.
iv. The Plat of DALQUIST INDUSTRIAL PARK 2ND ADDITION, approved
on April 9, 2007 shall be filed.
v. The site plan shall be revised to include a fence and vegetative
screening of the east loading docks from the trail to the south.
vi. The site plan shall be revised to include landscape islands as
required by the Zoning Ordinance in the east parking lot.
d. The applicant shall comply with the following conditions during
construction:
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Resolution No. 21-048 4
i. 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.
on weekdays and 10:00 p.m. and 9:00 a.m. on weekends.
ii. The site shall be kept free of dust and debris that could blow onto
neighboring properties.
iii. Public streets shall be maintained free of dirt and shall be cleaned
as necessary.
iv. The Zoning Administrator may impose additional conditions if it
becomes necessary in order to mitigate the impact of excavation on
surrounding properties.
e. Fire lanes shall be signed in accordance with the Official Exhibits and the
requirements of the Fire Marshal.
f. Following construction of the warehouse expansion, outdoor storage,
including the storage of semi-truck trailers, shall be prohibited, except that
incidental, temporary outdoor storage shall be permitted for a time period
not to exceed 24 hours.
g. On-site signage shall at all times comply with the requirements of the
Zoning Ordinance.
21. The special permit shall be amended on November 16, 2020 to incorporate all of
the preceding conditions and add the following conditions:
a. The site shall be developed, used and maintained in accordance with the
conditions of this ordinance, approved Official Exhibits, and City Code.
b. Subject to city council approval of the partial easement vacation, relocating
the water main, and providing additional public drainage and utility
easement over the relocated water main.
c. Construction and staging information will be provided to staff for review
and approval before building permits are issued.
d. All utility service structures shall be buried. If any utility service structure
cannot be buried (i.e. electric transformer), it shall be integrated into the
building design and 100% screened from off-site with materials consistent
with the primary façade materials.
e. The property owner will be responsible for performing maintenance on the
access located in the Quentin Avenue South right-of-way south of the
South CSAH 25 Frontage road curb line. This includes patching, snow
removal, sweeping, repaving, general repair and replacement. It will be
considered a private driveway on public right-of-way.
f. Prior to starting any land disturbing activities, except demolition, the
following conditions shall be met:
i. The owner shall sign the city's assent form and the official exhibits.
ii. Construction and staging information will be provided to staff for
review and approval.
iii. A preconstruction meeting shall be held with the appropriate
development, construction, private utility, and city representatives.
iv. All necessary permits shall be obtained.
g. Prior to issuance of building permits, the following conditions shall be met:
i. The developer shall sign the city's assent form and the official
exhibits.
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Resolution No. 21-048 5
ii. Final construction plans for all public improvements and private
stormwater system shall be signed by a registered engineer and
approved by the city Engineer.
iii. A performance guarantee in the form of cash escrow or irrevocable
letter of credit shall be provided to the City of St. Louis Park in the
amount of 125% of the cost for all public improvements (street,
sidewalks, utility, etc.) and landscaping.
iv. The property owner enters into an encroachment agreement with
the city to allow the parking lot to encroach onto city right-of-way.
v. Record the new easement over the relocated water main, resulting
in 20-wide easement centered on the location of the new water
main.
vi. Building material samples, including physical samples and product
specifications, will be reviewed and approved by city staff.
h. The developer shall comply with the following conditions during
construction:
i. 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.
Monday through Friday, and between 10 p.m. and 9 a.m. on
weekends and holidays.
ii. The site shall be kept free of dust and debris that could blow onto
neighboring properties.
iii. Public streets shall be maintained free of dirt and shall be cleaned
as necessary.
iv. The City shall be contacted a minimum of 72 hours prior to any
work in a public street.
v. Work in a public street shall take place only upon the determination
by the city engineer (or designee) that appropriate safety measures
have been taken to ensure motorist and pedestrian safety.
vi. The developer shall install and maintain chain link security fencing
that is at least six feet tall along the perimeter of the site. All gates
and access points shall be locked during non-working hours.
vii. Temporary electric power connections shall not adversely impact
surrounding neighborhood service.
i. Prior to the issuance of any permanent certificate of occupancy permit the
public improvements, private utilities, site landscaping and irrigation, and
storm water management system shall be installed in accordance with the
official exhibits and the required 20-foot wide public drainage and utility
easement is provided over the new water main.
j. 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.
k. The special permit shall be revoked and cancelled if the building or
structure for which the special permit is granted is removed.
22. The special permit shall be amended on April 5, 2021 to incorporate all of the
preceding conditions and add the following conditions:
a. The site shall be developed, used and maintained in accordance with the
conditions of this ordinance, approved Official Exhibits, and City Code.
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Resolution No. 21-048 6
b. Subject to city council approval of the easement vacation and providing
additional public drainage and utility easement over the existing
stormwater line.
c. Construction and staging information will be provided to staff for review
and approval before building permits are issued.
d. All utility service structures shall be buried. If any utility service structure
cannot be buried (i.e. electric transformer), it shall be integrated into the
building design and 100% screened from off-site with materials consistent
with the primary façade materials.
e. Prior to starting any land disturbing activities, the following conditions shall
be met:
i. The developer shall sign the city's assent form and the official
exhibits.
ii. A preconstruction meeting shall be held with the appropriate
development, construction, private utility, and city representatives.
iii. All necessary permits shall be obtained.
f. Prior to issuance of building permits, the following conditions shall be met:
i. The developer shall sign the city's assent form and the official
exhibits.
ii. Final construction plans for all public improvements and private
stormwater system shall be signed by a registered engineer and
approved by the city Engineer.
iii. A performance guarantee in the form of cash escrow or irrevocable
letter of credit shall be provided to the City of St. Louis Park in the
amount of 125% of the cost for all public improvements (street,
sidewalks, utility, etc.) and landscaping.
iv. The developer shall pay a $32,270 fee into the tree replacement
fund.
v. Building material samples, including physical samples and product
specifications, will be reviewed and approved by city staff.
g. The developer shall comply with the following conditions during
construction:
i. 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.
Monday through Friday, and between 10 p.m. and 9 a.m. on
weekends and holidays.
ii. The site shall be kept free of dust and debris that could blow onto
neighboring properties.
iii. Public streets shall be maintained free of dirt and shall be cleaned
as necessary.
iv. The City shall be contacted a minimum of 72 hours prior to any
work in a public street.
v. Work in a public street shall take place only upon the determination
by the city engineer (or designee) that appropriate safety measures
have been taken to ensure motorist and pedestrian safety.
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Resolution No. 21-048 7
vi. The developer shall install and maintain chain link security fencing
that is at least six feet tall along the perimeter of the site. All gates
and access points shall be locked during non-working hours.
vii. Temporary electric power connections shall not adversely impact
surrounding neighborhood service.
h. Prior to the issuance of any permanent certificate of occupancy permit the
public improvements, private utilities, site landscaping and irrigation, and
storm water management system shall be installed in accordance with the
official exhibits and the required 20 feet wide and 40 feet wide public
drainage and utility easement is provided and centered over the
stormwater line.
i. 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.
j. The special permit shall be revoked and cancelled if the building or
structure for which the special permit is granted is removed.
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.
Reviewed for administration: Adopted by the City Council April 5, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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