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HomeMy WebLinkAbout16-048 - ADMIN Resolution - City Council - 2016/03/21RESOLUTION NO. 16-048 RESOLUTION RESCINDING THE EXISTING SPECIAL PERMIT TO .` OPERATE A CAR WASH FACILITY, AND GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-193(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A CAR WASH FACILITY AND EXPANSION OF THE EXISTING BUILDING IN THE C-2 GENERAL COMMERCIAL DISTRICT AND FRINGE FLOOD OVERLAY DISTRICT FOR PROPERTY LOCATED AT 8700 MN HIGHWAY 7 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Mister Car Wash 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 expanding the existing car wash building and reconfiguring the drive lanes and parking area. 2. The subject property is zoned C-2 General Commercial, and is located at 8700 MN Highway 7. It is legally described as follows, to -wit: That part of Tract X, Registered Land Survey No. 1058, files of Registrar of Titles, County of Hennepin, lying Westerly of a line erected perpendicular to the Northerly line of said Tract X from a point thereon distant 268.76 feet Westerly from the most Northerly corner of said Tract X, as measured along said Northerly line, except the Easterly 130 feet thereof, and except that part thereof which lies Westerly of the following described line: Commencing at the Northwest corner of said Tract X; thence on an assumed bearing of North 79 degrees 08 minutes 30 seconds East along the Northerly line of said Tract X, a distance of 25.00 feet to the point of beginning of the line to be described; thence South 25 degrees 57 minutes 15 seconds West to the Westerly line of said Tract X and there terminating. Being registered land as is evidence by Certificate of Title No. 682713 and 682715. 3. The City Council considered the advice and recommendation of the Planning Commission (Case No. 15 -51 -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 serious 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 -51 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Special Permit is hereby rescinded, and replaced by a Conditional Use Permit to allow a car wash facility, an expansion of the existing car wash building and reconfiguration of the drive lanes Resolution No. 16-048 -2- and parking area at the property 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 conformance with the following exhibits: a. Exhibit A: Site Plan b. Exhibit B: Landscaping Plan c. Exhibit C: Grading & Drainage Plan d. Exhibit D: Building Elevations 2. All proposed grading and filling must comply with Minnesota Department of Natural Resources (MnDNR) and Minnehaha Creek Watershed District (MCWD) requirements. 3. Any grading within the floodplain must meet requirements of the City's floodplain ordinance. 4. Prior to starting any land disturbing activities, the following conditions shall be met: a. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). b. All necessary permits must be obtained, including City and MCWD erosion control and stormwater permits. c. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, utilities, street lights, landscaping, irrigation, etc.) and private site landscaping. 5. The site shall meet all fire lane requirements. 6. The applicant shall comply with the following conditions during construction: a. Public streets shall be maintained free of dirt and shall be cleaned as necessary. b. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 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. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. Administration: +*pted by the City Council March 21, 2016 City Manager Attest: 0I 4 Meli'ssq Kenned , City Clerk Existing Certs 832558 1111111111111111111111111111111111111111111111111111Doc No T05347066l Certified, filed and/or recorded on May 4, 2016 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 47 f eS. V0, /(p-04tbitPkg ID 1388370M Document Recording Fee $46.00 Document Total $46.00 P"ECOVED 2 3 2016 , OFFICE OF THE ary (V -RKY' This cover sheet is now a permanent part of the recorded document. f�d RESOLUTION NO. 16-048 RESOLUTION RESCINDING THE EXISTING SPECIAL PERMIT TO OPERATE A CAR WASH FACILITY, AND GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-193(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A CAR WASH FACILITY AND EXPANSION OF THE EXISTING BUILDING IN THE C-2 GENERAL COMMERCIAL DISTRICT AND FRINGE FLOOD OVERLAY DISTRICT FOR PROPERTY LOCATED AT 8700 MN HIGHWAY 7 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Mister Car Wash 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 expanding the existing car wash building and reconfiguring the drive lanes and parking area. 2. The subject property is zoned C-2 General Commercial, and is located at 8700 MN Highway It is legally described as follows, to -wit: That part of Tract X, Registered Land Survey No. 1058, files of Registrar of Titles, County of Hennepin, lying Westerly of a line erected perpendicular to the Northerly line of said Tract X from a point thereon distant 268.76 feet Westerly from the most N z se, Northerly corner of said Tract X, as measured along said Northerly line, except the Easterly 130 feet thereof, and except that part thereof which lies Westerly of the s ) following described line: Commencing at the Northwest corner of said Tract X; thence on an assumed bearing of North 79 degrees 08 minutes 30 seconds East llr along the Northerly line of said Tract X, a distance of 25.00 feet to the point of beginning of the line to be described; thence South 25 degrees 57 minutes 15 seconds West to the Westerly line of said Tract X and there terminating. Being x_ registered land as is evidence by Certificate of Title No. 682713 and 682715. 3. The City Council considered the advice and recommendation of the Planning Commission (Case No. 15 -51 -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 serious 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. The contents of Planning Case File 15 -51 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Special Permit is hereby rescinded, and replaced by a Conditional Use Permit to allow a car wash facility, an expansion of the existing car wash building and reconfiguration of the drive lanes Resolution No. 16-048 -2- and parking area at the property 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 conformance with the following exhibits: a. Exhibit A: Site Plan b. Exhibit B: Landscaping Plan c. Exhibit C: Grading & Drainage Plan d. Exhibit D: Building Elevations 2. All proposed grading and filling must comply with Minnesota Department of Natural Resources (MnDNR) and Minnehaha Creek Watershed District (MCWD) requirements. 3. Any grading within the floodplain must meet requirements of the City's floodplain ordinance. 4. Prior to starting any land disturbing activities, the following conditions shall be met: a. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). b. All necessary permits must be obtained, including City and MCWD erosion control and stormwater permits. c. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, utilities, street lights, landscaping, irrigation, etc.) and private site landscaping. 5. The site shall meet all fire lane requirements. 6. The applicant shall comply with the following conditions during construction: a. Public streets shall be maintained free of dirt and shall be cleaned as necessary. b. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 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. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. Administration: 4r6ppted by the City Council March 21, 2016 City Manager Attest: Melissl Kennedy, City Clerk