HomeMy WebLinkAbout89-07 - ADMIN Resolution - City Council - 1989/01/031
REPLACEMENT
RESOLUTION NO. 89-07
A RESOLUTION RESCINDING RESOLUTION NO. 85-225 ADOPTED ON
DECEMBER 16, 1985, RESCINDING RESOLUTION NO. 84-10 ADOPTED
ON JANUARY 16, 1984, AMENDING RESOLUTIN NO. 7326 ADOPTED
SEPTEMBER 20, 1982, AMDNDING RESOLUTION NO. 7216 ADOPTED
SEPTEMBER 7, 1982 AMENDING RESOLUTION NO. 7070 ADOPTED
FEBRUARY 16, 1982, AMENDING RESOLUTION NO. 6559 ADOPTED MAY
19, 1980 , AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER
SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO ALLOW A CLASS IV RESTAURANT AT THE
MIRACLE MILE PROPERTY LOCATED IN A PUD, PLANNED UNIT
DEVELOPMENT DISTRICT, AT 5003-5425 EXCELSIOR BOULEVARD AND
4995 EXCELSIOR BOULEVARD
FINDINGS
WHEREAS, Corrigan Properties, Inc. (Subway Express) has made application to the
City Council for a special permit under Section 14-124.101 of the St. Louis Park Ordinance
Code to allow a Class IV Restaurant at 5003-5425 and 4995 Excelsior Boulevard within
a PUD, Planned Unit Develoment District having the following legal description:
That part of the Northwest 1/4 of Section 7, Township 28, Range 24
described as:
Beginning at the intersection of the center line of Excelsior Avenue and
the center line of Wooddale Avenue; thence northeasterly along said
center line of Excelsior Avenue 831 feet; thence southeasterly at right
angles 350 feet; thence northeasterly at right angles 70 feet; thence
southeasterly at right angles to the northwesterly line of Block 1,
Brookview Addition; thence southwesterly along the northwesterly line
of said Block 1 to the center line of Wooddale Avenue; thence
northwesterly to the beginning of existing roads.
That part of the Northwest 1/4 of Section 7, Township 28, Range 24
described as:
Commencing at a point in the center line of Excelsior Avenue 901 feet
northeasterly from its intersection with the center line of Wooddale
Avenue; thence northeasterly 80 feet; thence south 25° east 350 feet;
thence northeasterly at right angles 75 feet; thence southeasterly to
the northeast corner of Block 1, Brookview Addition; thence southwesterly
along the northwesterly line of said Block 1, a distance of 155 feet;
thence northwesterly to beginning of existing road (Abstract)
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 80 -28 -SP, 82 -1 -SP, 82 -57 -SP, 85 -84 -SP and 88 -111 -SP) and
the effect of the proposed Class IV Restaurant 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 and the effect of the use on the
Comprehensive Plan; and
WHEREAS, a special permit was issued regarding the subject property pursuant to
Resolution No. 85-225 of the St. Louis Park City Council dated December 16, 1985 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 No. 85-225 to add the amendments now required, and
to consolidate all conditions applicable to the subject property in this resolution;
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 85-225 (filed as Document
No. 5067859 is hereby rescinded and replaced by this resolution which continues and
amends a special permit to the subject property for the purposes of permitting Class IV
Restaurant within the PUD, Planned Unit Develoment District at the location described
above based on the following conditions:
1. That the site be developed, used and maintained in accordance with Exhibit A - Site
Plan; Exhibit B - Elevation Plan; Exhibit C - Elevation Plan; Exhibit D - Elevation
Plan; and Exhibit E - Landscape Plan subject to the following.
2. That all utilities serving the site be placed underground on or before October 15, 1991.
3. That all trash be stored in six outside storage areas which have fully enclosed walls
and a gate with the location of the storage areas to be adjacent to the major users.
4. No merchandise, truck trailers or other materials or equipment be stored out of doors,
except by allowable special permit.
5. There there be no more than 12,000 square feet of Class II and Class III restaurant
on the site and such restaurants being subject to provisions and approval processes
as provided in the adopted Zoning, Urban Renewal, and PUD Plans of the City.
6. That all lighting be directed perpendicular to the ground and that no direct rays be
visible from outside the property boundaries.
7. Signage be allowed consistent with the following:
a. All exterior signs shall be surface -mounted, except for a single name plate sign
which may be free-standing.
b. Signs shall be limited to letters designating the store name but shall not include
the name of items, goods, product or service lines for sale.
c. Exterior signs shall be installed at the front of each bay. Exterior signs may
be located on the laminated beams of the canopy and/or under the canopy where
customer entrances open onto the sidewalk.
d. The sign shall be located within the limits of each store front. In no case shall
any one sign exceed 100 square feet of maximum aggregate (total sign) area for
store fronts which have less than 125 lineal feet of frontage facing Excelsior
Boulevard, and store fronts with an excess of 125 lineal feet of store front
1
facing Excelsior Boulevard shall not have any one sign area exceeding 150 square
feet of maximum aggregate (total sign) area, except for a name plate sign and
except that shopping cneters may have wall signs not to exceed five percent of
the total wall area on which the sign is placed; each shopping center tenant shall
be allowed at least 60 square feet of wall sign area.
8. That the existing transit stop including landscaping and other design elements not be
eliminated or infringed upon as included in the plan.
9. The applicants cooperate with the City and other property owners in extension of
the plaza walkway on the east end of Miracle Mile to St. Louis Park Medical Clinic
property. Implementation of the plan would not require removal of the driveway
between Miracle Mile and B. Dalton Book Store.
10. That all improvements, except as otherwise indicated, be completed by October 15,
1981 including landscaping, striping, asphalt improvements, etc.
11. That the use of the so-called "Rutherford Building" (the property located at 4995
Excelsior Boulevard) be for a food store containing a gross floor area of 4,500 square
feet and 2,800 square feet will be retail sales subject to the following conditions:
a. That the use shall terminate at such time that the parking on the east side of
the Rutherford Building is lost and that the agreement for the parking area is
subject to approval by the City Attorney prior to issuing a building permit.
b. The 51 parking spaces located on property abutting the east property line of
4995 Excelsior Boulevard shall be for a non-exclusive parking use for said grocery
store.
c. That all trash be stored in an outside storage area which has fully enclosed walls
and an opaque gate, both of which are at least seven feet high.
d. All improvement, including dedication, pedestrian way, construction, landscaping,
and parking shall be completed by October 15, 1982.
12. That a bomanite or brick walkway be constructed along the rear of the building from
the east property line to the west property line.
a. That the bomanite or brick walkway shall be completed by October 15, 1982.
13. That Condition 7d is hereby further modified to include an additional exception as
follows: the so-called "Rutherford Building" (the property located at 4995 Excelsior
Boulevard) shall be allowed one nameplate sign located on the north wall not to
exceed 140 square feet and a secondary nameplate sign to be located at the east
entry door not to exceed 26 square feet.
14. That modifications to the food store at 4995 Excelsior Boulevard be allowed subject
to the following conditions:
a. That an entry/vestibule be permitted on the east side of the building with
adjustments in the pedestrian way to accommodate the design as shown on Exhibit
F - Entry and Exhibit G - Trash Expansion.
b. That a two-faced free standing sign no more than six feet high and containing
no more than twenty square feet per face be allowed provided no portion of said
sign is closer than ten feet from the north lot line and provided quality materials
are used consistent with the architectural control provisions and PUD provisions
applicable for the Excelsior Boulevard Redevelopment District.
15. That Condition No. 12 is hereby modified to extend the completion date of the
bomanite or brick walkway to August 1, 1983.
16. Requirements in Conditions 9, lld, 12a, and 15 related to construction of a pedestrian
way are hereby deleted.
17. The trash enclosure, as shown on Exhibit G - Trash Expansion, in Condition No. 14a,
may be painted instead of using stucco.
18. Signage for the property located at 4995 Excelsior Boulevard shall be limited to an
aggregate square footage of 154 square feet, subject to the following:
a. The free-standing sign shall have a maximum height no greater than 14 feet and
the sign face shall not exceed 64 square feet in area, and further provided that
no part of the free-standing sign shall be closer than 20 feet from the northerly
property line.
b. The illegal sign at the entrance of the property shall be removed prior to the
issuance of a sign permit for the free-standing sign.
19. Condition No. 5 is hereby amended to read as follows:
There be no more than 9,000 gross square feet of Class II and Class III restaurant
and 3,000 gross square feet of Class IV restaurant on the site and such restaurants
being subject to provisions and approval processes as provided in the adopted Zoning,
Urban Renewal, and PUD Plans of the City.
ATTEST:
441614k IL.D.)
Adopted by the City Council January 3, 1989
tu A74,42 -
May
Reviewed for administration: Approved as to form and execution:
City Manager City At