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HomeMy WebLinkAbout23-020 - ADMIN Resolution - City Council - 2023/02/06Resolution No. 23-020 Amends and restates Resolution 18-176 Resolution approving an amendment to a conditional use permit for operation of an educational facility at 6425 West 33rd Street Whereas, Tom Bravo on behalf of St. Louis Park School District, applied for an amendment to a conditional use permit (Case No. 22-28-CUP) to make building and site improvements at St. Louis Park High School; the property is legally described as follows, to-wit: Lots 30, 31, 32, 33, 34, 35, and 36, Block 179, Rearrangement of St. Louis Park; Hennepin County, Minnesota. Whereas, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 18-176 (Hennepin County Document No. T05599107) of the St. Louis Park City Council which contained conditions applicable to said property. Whereas, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit. Whereas, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 18-176, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution . Whereas, the property is guided civic in the comprehensive plan future land use map . Whereas, the property is located in the R-2 Single Family Residence zoning district. Whereas, the city council has determined that the application meets the conditions for an educational facility in the R-2 zoning district, including: 1. Buildings are located at least 50 feet from a lot in an R district. 2. The plan provides an off-street passenger loading area in order to maintain vehicular and pedestrian safety. 3. Outdoor recreational and play areas will be located at least 25 feet from any lot in an R district. 4. The property has its primary accesses to a roadway identified in the comprehensive plan as a collector or arterial and provides access without generating significan t traffic on local residential streets. Whereas, the use of the property as an educational institution is consistent with and supportive of the principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Whereas, the use is not detrimental to the health, safety and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the use. DocuSign Envelope ID: 828E9FDB-8FD5-4DCA-A2CB-10FF128FDA6D Resolution No. 23-020 2 Whereas, the use is consistent with the regulations, intent and purpose of the city code and the zoning district in which the use is located. The proposed plan will meet the conditions required for an educational facility. Whereas, the use will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the site design of the proposal is consistent with site and landscaping plan requirements and is 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. Whereas, the use and site design are consistent with the city’s stormwater, sanitary sewer, and water plans. On-site stormwater management improvements will be made as part of the site improvements. The existing utilities have capacity for the use. Whereas, the contents of Case No. 22-28-CUP are hereby entered into and made part of the record of decision for this case. Conclusion Now therefore be it resolved that Resolution No. 18-176 is hereby restated and amended by this resolution which continues and amends a conditional use permit for the subject property and is 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. The site shall be developed, used and maintained in conformance wit h the official exhibits. The official exhibits include: a. Exhibit A: G001 General Information b. Exhibit B: C – A001 Basement Composite Plan c. Exhibit C: C – A002 Level 1 Composite Plan d. Exhibit D: C – A003 Level 2 Composite Plan e. Exhibit E: C – A004 Level 3 Composite Plan f. Exhibit F: C – A005 Overall Exterior Elevations g. Exhibit G: C – A006 Enlarged Exterior Elevations h. Exhibit H: Survey i. Exhibit I: Survey j. Exhibit J: Survey k. Exhibit K: Survey l. Exhibit L: C1.00 Site Reference Plan m. Exhibit M: C1.11 Site Removals Plan n. Exhibit N: C1.21 Site Layout Plan o. Exhibit O: C1.41 Grading Plan p. Exhibit P: C1.51 Site Utility Plan q. Exhibit Q: L001 Tree Removal and Protection Plan DocuSign Envelope ID: 828E9FDB-8FD5-4DCA-A2CB-10FF128FDA6D Resolution No. 23-020 3 r. Exhibit R: L002 Proof of Parking Planting Plan s. Exhibit S: L100 Overall Layout and Material Plan t. Exhibit T: L300 Overall Planting Plan u. Exhibit U: L301 Enlarged Planting Plan v. Exhibit V: E110 Site Electrical Plan 2. If in the future, the city or the school district determines that the site requires more parking, the school district shall construct the 27 head-in, 90 degree, on-street parking spaces along Idaho Avenue South shown as proof-of-parking in the official exhibits in accordance with city engineering standards. At that time the school district shall also grant an easement to the city for the purpose of public use and maintenance of the head-in on-street parking and relocated sidewalk in a form approved by the city attorney. 1. The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved official exhibits, and city code. 2. All utilities shall be buried. 3. All required permits shall be obtained prior to starting construction, including but not limited to: a. NPDES grading/construction permit b. City of St. Louis Park building, erosion control, right-of-way, and sign permits. c. Minnehaha Creek Watershed District stormwater management permit. 4. The city assent form and the official exhibits shall be signed by property owner prior to issuance of a building permit. 5. Prior to starting any land disturbing activities, the following condit ions shall be met: a. A planning development contract shall be executed between the developer and city that addresses, at a minimum: i. The conditions of CUP approval as applicable or appropriate. ii. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 1.25 times of the costs of all public improvements (sidewalks, boulevards, lighting), and the private site stormwater management system and landscaping. iii. Submit as-builts in accordance with city requirements. iv. Alternative landscaping requirements and tree replacement fees. v. Easements, public use and ingress/egress agreements across the head- in parking along Idaho Avenue. vi. Maintenance agreement for private maintenance of the head-in public parking along Idaho Avenue. vii. The developer shall reimburse city attorney’s fees in drafting/reviewing such documents as required in the final CUP approval. viii. The mayor and city manager are authorized to execute said planning development contract. b. A preconstruction meeting shall be held with the appropriate development, construction, private utility and city representatives. c. Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. 6. The developer shall comply with the following conditions during construction: DocuSign Envelope ID: 828E9FDB-8FD5-4DCA-A2CB-10FF128FDA6D Resolution No. 23-020 4 a. All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The city shall be contacted a minimum of 72 hours prior to any work in a public street. e. Work in a public street shall take place only upon the determination by the city engineer (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. Temporary electric power connections shall not adversely impact surrounding neighborhood service. 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. The conditional use permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 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 February 6, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 828E9FDB-8FD5-4DCA-A2CB-10FF128FDA6D