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HomeMy WebLinkAbout16-069 - ADMIN Resolution - City Council - 2016/05/16RESOLUTION NO. 16-069 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-223(d)(7) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT TWO PRINCIPAL BUILDINGS ON ONE PARCEL FOR PROPERTY ZONED O -OFFICE DISTRICT LOCATED AT 9960 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. GSH MPLS Full Service, LLC has made application to the City Council for a Conditional Use Permit under Section 36-223(d)(7) of the St. Louis Park Ordinance Code for the purpose of permitting two principal buildings on one parcel within a O—Office District located at 9960 Wayzata Boulevard for the legal description as follows, to -wit: Lot 2, Block 4, Shelard Park, except that part of said Lot 2 shown as Parcel 41 on Minnesota Department of Transportation Right of Way Plat No. 27-22, filed as Document No. 5100403, Hennepin County, Minnesota and That part of Lot 1, Block 4, Shelard Park, Hennepin County, Minnesota lying southerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -12 -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. 3. The Council has determined that the development 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 development is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 16 -12 -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 second principal building 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 in accordance to the following exhibits: a. Exhibit A: Site Plan b. Exhibit B: Grading & Erosion Plan Resolution No. 16-069 -2- c. Exhibit C: DORA & Landscaping Plan d. Exhibit D: Exterior Elevations e. Exhibit E: Lighting f. Exhibit F: Sidewalk Plan 2. A minimum of 56 bicycle parking spaces shall be provided. Up to 36 spaces may be shown as proof -of -parking, and shall be installed by the property owner when requested by the city. 3. Three thousand dollars is to be dedicated to the tree fund for trees to be planted in Shelard Park in lieu of on the hotel property. 4. A six-foot wide sidewalk shall be constructed along Wayzata Blvd per City specifications. Boulevard trees removed as a result of the construction of the sidewalk shall be replaced as required by city code. 5. Prior to issuance of a building permit: a. The developer and contractor shall follow the procedures and requirements for this development as required for Demolition and New Construction to single-family homes are required to do under City Code 6-71 Construction Management Plan. b. Assent Form and Official Exhibits must be signed by the applicant and property owner. c. All necessary permits must be obtained. d. 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, boulevards, landscaping, etc.). e. An encroachment agreement for the canopy extending over the utility easement be executed in a form approved by the City Attorney, and recorded with Hennepin County. 6. 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. 7. 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. 8. Approval of a Building Permit, which may impose additional requirements. The r7\Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin of y Register of Deeds or Registrar of Titles as the case may be. City Council May 16, 2016 City Manager Attest: l�'Ltti Meli sa Kennedy, C ty Clerk Doc No A10335497 Certified, filed and/or recorded on Jul 14, 2016 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Rec. A, No -00 Pkg ID 1419239M Document Recording Fee $46.00 Document Total RECENED ' AUG 0 4 2016 OFFICE OF THE CITY CLERK This cover sheet is now a permanent part of the recorded document. $46.00 RESOLUTION NO. 16-069 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-223(d)(7) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT TWO PRINCIPAL BUILDINGS ON ONE PARCEL FOR PROPERTY ZONED O -OFFICE DISTRICT LOCATED AT 9960 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. GSH MPLS Full Service, LLC has made application to the City Council for a Conditional Use Permit under Section 36-223(d)(7) of the St. Louis Park Ordinance Code for the purpose of permitting two principal buildings on one parcel within a O—Office District located at 9960 Wayzata Boulevard for the legal description as follows, to -wit: Lot 2, Block 4, Shelard Park, except that part of said Lot 2 shown as Parcel 41 on Minnesota Department of Transportation Right of Way Plat No. 27-22, filed as Document No. 5100403, Hennepin County, Minnesota and That part of Lot 1, Block 4, Shelard Park, Hennepin County, Minnesota lying southerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -12 -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. 3. The Council has determined that the development 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 development is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 16 -12 -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 second principal building 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 in accordance to the following exhibits: a. Exhibit A: Site Plan b. Exhibit B: Grading & Erosion Plan Resolution No. 16-069 -2- c. Exhibit C: DORA & Landscaping Plan d. Exhibit D: Exterior Elevations e. Exhibit E: Lighting f. Exhibit F: Sidewalk Plan 2. A minimum of 56 bicycle parking spaces shall be provided. Up to 36 spaces may be shown as proof -of -parking, and shall be installed by the property owner when requested by the city. 3. Three thousand dollars is to be dedicated to the tree fund for trees to be planted in Shelard Park in lieu of on the hotel property. 4. A six-foot wide sidewalk shall be constructed along Wayzata Blvd per City specifications. Boulevard trees removed as a result of the construction of the sidewalk shall be replaced as required by city code. 5. Prior to issuance of a building permit: a. The developer and contractor shall follow the procedures and requirements for this development as required for Demolition and New Construction to single-family homes are required to do under City Code 6-71 Construction Management Plan. b. Assent Form and Official Exhibits must be signed by the applicant and property owner. c. All necessary permits must be obtained. d. 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, boulevards, landscaping, etc.). e. An encroachment agreement for the canopy extending over the utility easement be executed in a form approved by the City Attorney, and recorded with Hennepin County, 6. 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. 7. 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. 8. Approval of a Building Permit, which may impose additional requirements. The r Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin o4h_�y Register of Deeds or Registrar of Titles as the case maybe. City Council May 16, 2016 City Manager Attest: I Meli sa Kenn dy, C ty Clerk .