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Home My WebLink About16-074 - ADMIN Resolution - City Council - 2016/06/06RESOLUTION NO. 16-074 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-196(d)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A MOTOR FUEL STATION FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 6405 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Yousef Abumayaleh has made application to the City Council for a Conditional Use Permit under Section 36-196(d)(1) of the St. Louis Park Ordinance Code for the purpose of permitting a motor fuel station within a C-1 Neighborhood Commercial District located at 6405 Minnetonka Boulevard for the legal description as follows, to -wit: Lots One (1), Two (2) and Three (3), Block One (1), Lenox, St Louis Park, according to the recorded plat thereof, Hennepin County, Minnesota Excepting therefrom the below described tract: All that part of Lot 1, Block 1 "Lenox," according to the plat thereof, lying Northeasterly of a line drawn from a point on the East Line of said Lot distant 12 feet South of the Northeast corner of said Lot to a point on the North line of said lot distant 12 feet west of said Northeast corner; also the East 3 feet of the South 10 feet of the North 77 feet of said Lot 1. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -06 -CUP) and the effect of the proposed motor fuel station 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 fuel station 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 fuel station 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 -06 -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 for a motor fuel station at the location described is granted based on the findings set forth above and subject to the following conditions: 1. Prior to issuance of a building permit or land disturbing activities, the developer and contractor shall follow the procedures and requirements for this development as required for major additions to single-family homes are required to do under City Code 6-71 Construction Management Plan. Resolution No. 16-074 -2- 2. The site shall be developed, used and maintained in conformance with the following Official Exhibits: a. Site Plan & Tanker Truck Movement Plan. b. Landscaping Plan. c. Illumination Plan. 3. The hours of operation shall be limited to 6 a.m. to 11:30 p.m. 4. The existing driveway on Dakota Avenue located closest to Minnetonka Boulevard shall be removed. The curb and sidewalk shall be replaced to city standards, and a five foot minimum landscaped area shall be installed between the sidewalk and the fuel station driveway/parking lot. 5. The existing driveway on Minnetonka located closest to Dakota Avenue shall be modified as required by Hennepin County to discourage vehicular use, yet allow access for fuel tanker trucks. The curb and sidewalk shall be installed to meet city and county standards. 6. The existing driveway on the west side of the property shall be modified by removing the parking space closest to Minnetonka Boulevard, and converted to landscaping. 7. A six foot privacy fence shall be constructed along the west property line on top of the retaining wall. The height shall be reduced to four feet for that portion of the property line adjacent to the neighbor's front yard. 8. Existing wood fence on property to the south shall be removed and replaced with 8 foot high wood privacy fence for screening. An agreement between the applicant and the neighbor shall be signed giving permission to install the fence on the neighbor's property, and stating who shall be responsible for maintenance. If this fence is removed or not adequately maintained in the future, the motor fuel station owner shall meet the screening requirements on the station property. 9. A minimum of three parking spaces shall be provided on the south side of the building. 10. The pavement recently installed on the west and southwest portion of the property shall be removed and landscaped. 11. The Site and Landscaping Plan shall be modified in the following manner: a. Three trees and shrubs shall be planted along Dakota Ave. b. The west and southwest portion of the property that was recently paved, shall be shown as landscaping with at least three trees and sufficient shrubs. c. The existing northern driveway on Dakota Avenue, which is to be removed, shall be replaced with landscaping and sidewalk. 12. The applicant shall modify the illumination plan to comply with code. 13. 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. 14. The site shall meet all fire lane requirements. 15. 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. 16. 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. 17. 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. Resolution No. 16-074 -3- 18. The site shall be developed, used and maintained in accordance with Official Exhibits incorporated by reference herein. 19. 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. 20. 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. 21. Approval of a Building Permit, which may impose additional requirements. Clerk is instructed to record certified copies of this resolution in the Office of the Coupty Register of Deeds or Registrar of Titles as the case may be. City Manager Attest: jai Meli4 Kenned , -City Clerk A ted by the City Council June 6, 2016 A. J e an , 111111111111111111111111111111111111111111111111111 Doc No A10335498 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 keg jd. 1&'09# Pkg ID 1419239M Document Recording Fee $46.00 Document Total RECEIVED 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. 16-074 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-196(d)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A MOTOR FUEL STATION FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 6405 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Yousef Abumayaleh has made application to the City Council for a Conditional Use Permit under Section 36-196(d)(1) of the St. Louis Park Ordinance Code for the purpose of permitting a motor fuel station within a C-1 Neighborhood Commercial District located at 6405 Minnetonka Boulevard for the legal description as follows, to -wit: Lots One (1), Two (2) and Three (3), Block One (1), Lenox, St Louis Park, according to the recorded plat thereof, Hennepin County, Minnesota Excepting therefrom the below described tract: All that part of Lot 1, Block 1 "Lenox," according to the plat thereof, lying Northeasterly of a line drawn from a point on the East Line of said Lot distant 12 feet South of the Northeast corner of said Lot to a point on the North line of said lot distant 12 feet west of said Northeast corner; also the East 3 feet of the South 10 feet of the North 77 feet of said Lot 1. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -06 -CUP) and the effect of the proposed motor fuel station 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 fuel station 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 fuel station 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 -06 -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 for a motor fuel station at the location described is granted based on the findings set forth above and subject to the following conditions: Prior to issuance of a building permit or land disturbing activities, the developer and contractor shall follow the procedures and requirements for this development as required for major additions to single-family homes are required to do under City Code 6-71 Construction Management Plan. Resolution No. 16-074 -2- 2. The site shall be developed, used and maintained in conformance with the following Official Exhibits: a. Site Plan & Tanker Truck Movement Plan. b. Landscaping Plan. c. Illumination Plan. 3. The hours of operation shall be limited to 6 a.m. to 11:30 p.m. 4. The existing driveway on Dakota Avenue located closest to Minnetonka Boulevard shall be removed. The curb and sidewalk shall be replaced to city standards, and a five foot minimum landscaped area shall be installed between the sidewalk and the fuel station driveway/parking lot. 5. The existing driveway on Minnetonka located closest to Dakota Avenue shall be modified as required by Hennepin County to discourage vehicular use, yet allow access for fuel tanker bucks. The curb and sidewalk shall be installed to meet city and county standards. 6. The existing driveway on the west side of the property shall be modified by removing the parking space closest to Minnetonka Boulevard, and converted to landscaping. 7. A six foot privacy fence shall be constructed along the west property line on top of the retaining wall. The height shall be reduced to four feet for that portion of the property line adjacent to the neighbor's front yard. 8. Existing wood fence on property to the south shall be removed and replaced with 8 foot high wood privacy fence for screening. An agreement between the applicant and the neighbor shall be signed giving permission to install the fence on the neighbor's property, and stating who shall be responsible for maintenance. If this fence is removed or not adequately maintained in the future, the motor fuel station owner shall meet the screening requirements on the station property. 9. A minimum of three parking spaces shall be provided on the south side of the building. 10. The pavement recently installed on the west and southwest portion of the property shall be removed and landscaped. 11. The Site and Landscaping Plan shall be modified in the following manner: a. Three trees and shrubs shall be planted along Dakota Ave. b. The west and southwest portion of the property that was recently paved, shall be shown as landscaping with at least three trees and sufficient shrubs. c. The existing northern driveway on Dakota Avenue, which is to be removed, shall be replaced with landscaping and sidewalk. 12. The applicant shall modify the illumination plan to comply with code. 13. 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. 14. The site shall meet all fire lane requirements. 15. 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. 16. 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. 17. 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. Resolution No. 16-074 -3- 18. The site shall be developed, used and maintained in accordance with Official Exhibits incorporated by reference herein. 19. 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. 20. 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. 21. ,approval of a Building Permit, which may impose additional requirements. Clerk is instructed to record certified copies of this resolution in the Office of the CoVty Register of Deeds or Registrar of Titles as the case may be. Manager Attest: ' , . Cz�/ Mehss Kenned , it Cleric A ted by the City Council June 6, 2016 , �j (Z A J e an ,