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HomeMy WebLinkAbout23-173 - ADMIN Resolution - City Council - 2023/12/18 Resolution No. 23-173 Approving a conditional use permit for 5775 Wayzata Boulevard Whereas, GW Properties applied for approval of a conditional use permit for the purpose of constructing two new buildings at 5775 Wayzata Boulevard; the property is legally described in “Exhibit A” attached hereto. Whereas, the property is guided Office in the Comprehensive Plan future land use map. Whereas, the property is located in the O Office zoning district. Whereas, the applicant requests a conditional use permit to allow more than one principal buildings on one lot; and to allow in-vehicle services on the site. Whereas, the city council has determined that the application meets the conditions for in- vehicle service in the O Office district, including: 1. Drive-through facilities and stacking areas shall not be located within 100 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. 2. Stacking shall be provided for six cars per customer service point and shall comply with all yard requirements. 3. This use shall only be permitted when it can be demonstrated that the operation will not have a significant adverse effect on the existing level of service on adjacent streets and intersections. 4. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian or vehicular conflicts. 5. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. 6. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. 7. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located, and conditions of approval may be added as a means of satisfying this requirement. Whereas, the existing use on the property is office, which is a permitted use in the district. The proposed use on the property is a restaurant, which is a permitted use in the district when part of a larger development which contains at least one other principal use. Whereas, the in-vehicle services use of this property is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Whereas, the in-vehicle service use is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use DocuSign Envelope ID: D00CFB11-CFBA-4A9B-A934-D9E8E6377960 and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the conditional use. Whereas, the in-vehicle service use is consistent with the regulations, intent and purpose of City Code and the zoning district in which the conditional use is located. Whereas, the in-vehicle service use will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the project plans are consistent with the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city council. Whereas, the project plans are consistent with the City’s stormwater, sanitary sewer, and water plans. Whereas, the contents of Case No. 23-19-CUP are hereby entered into and made part of the record of decision for this case. Now therefore be it resolved that the conditional use permit is hereby approved and accepted by the city council as being in accord and conformity with all ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this approval is made subject to the opinion of the city attorney and certification by the city clerk and subject to the following conditions: 1. Subject to city council approval of the final plat, the recording of the approved final plat at Hennepin County, and city council approval of the special permit amendment. 2. 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. 3. The conditional use permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. It is further resolved that the city clerk is instructed to record certified copies of this resolution in the office of the Hennepin County Register of Deeds or Register of Titles as the case may be. Reviewed for administration: Adopted by the city council December 18, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: D00CFB11-CFBA-4A9B-A934-D9E8E6377960 EXHIBIT "A" Lot 2, Block 1, Park Plaza 2nd Addition, Hennepin County, Minnesota DocuSign Envelope ID: D00CFB11-CFBA-4A9B-A934-D9E8E6377960